City Council Regular Meeting eAgenda October 11, 2022

AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, October 11, 2022
6:00 PM

Jesse Arreguin, Mayor

Councilmembers:

PUBLIC ADVISORY:  THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH VIDEOCONFERENCE AND TELECONFERENCE

Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID-19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device:  Please use this URL https://us02web.zoom.us/j/88115464108.  If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous.  To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 881 1546 4108. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the teleconference will be recorded as any Council meeting is recorded, and all other rules of procedure and decorum will apply for Council meetings conducted by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email council@cityofberkeley.info.

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953.  Any member of the public may attend this meeting.  Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Preliminary Matters

Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report.  The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda.  If five or fewer persons wish to speak, each person selected will be allotted two minutes each.  If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar for it to move to Action. Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar.  Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items.  A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Urgent Items

Resolution in Support of the Women Fighting for Freedom in Iran
From: Councilmember Bartlett (Author), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor), Mayor Arreguin (Co-Sponsor)
Recommendations: Adopt a resolution in support of the women fighting for freedom in Iran. Send a copy of the resolution to President Joseph R. Biden, Vice President Kamala D. Harris, Speaker of the House Nancy Pelosi, Senate Majority Leader Chuck Schumer, Senator Dianne Feinstein, Senator Alex Padilla, and Congressmember Barbara Lee.
Financial Implications: Staff time
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

Adopt a Resolution in Support of the Women of Iran and Condemning the Iranian Government’s Oppression of Women and Violent Suppression of Protests
From: Councilmember Droste (Author), Councilmember Kesarwani (Author), Councilmember Robinson (Author), Councilmember Wengraf (Author)
Recommendations: Adopt a Resolution in support of the Women of Iran and Condemning the Iranian Government’s Oppression of Women and Violent Suppression of Protests. Send copies of the resolution and letters to Senators Feinstein and Padilla, and Congresswoman Lee.
Financial Implications: Staff time
Contact: Lori Droste, Councilmember, District 8, (510) 981-7180

Consent Calendar

2.-Zoning Ordinance Amendments Making Technical Edits and Corrections to Berkeley Municipal Code (BMC) Title 23
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,835-N.S. containing technical edits, corrections and other non-substantive amendments to the following sections of the Zoning Ordinance:
-BMC Section 23.204.050 (C-C Zoning District)
-BMC Section 23.204.080 (C-E Zoning District)
-BMC Section 23.204.090 (C-NS Zoning District)
-BMC Section 23.204.130 (C-DMU District)
-BMC Section 23.206.050 (Protected Uses)
-BMC Section 23.304.030 (Setbacks)
-BMC Section 23.304.090 (Usable Open Space)
-BMC Section 23.322.030 (Required Parking Spaces)
-BMC Section 23.406.070 (Design Review)
First Reading Vote: All Ayes.
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

3.-Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference
From: City Manager
Recommendation: Adopt a Resolution making the required findings pursuant to Government Code Section 54953(e)(3) and determining that as a result of the continued threat to public health and safety posed by the spread of COVID-19, City legislative bodies shall continue to meet via videoconference and teleconference, initially ratified by the City Council on September 28, 2021, and subsequently reviewed and ratified on October 26, 2021, November 16, 2021, December 14, 2021, January 10, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 12, 2022, May 10, 2022, May 31, 2022, June 28, 2022, July 26, 2022, August 23, 2022, and September 20, 2022.
Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950

4.-Contract No. 117596-1 Amendment: Animal Fix Clinic (formerly Fix Our Ferals) for Spay and Neuter Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase the total Spay Neuter Your Pet (SNYP) allocation from $23,812 to $35,000 and execute a contract and any necessary amendments with Animal Fix Clinic (formerly Fix Our Ferals) to provide no-cost spay and neuter surgeries to eligible pet owners for FY 2023, increasing the contract amount by $17,500 for a new total contract amount not to exceed $67,218 and extending the terms of the contract to September 14, 2023.
Financial Implications: General Fund - $17,500
Contact: Peter Radu, City Manager's Office, (510) 981-7000

5.-Contract No. 108-410-1 Amendment: Paw Fund for Spay and Neuter Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase the total Spay Neuter Your Pet (SNYP) allocation from $23,812 to $35,000 and to execute a contract and amendments with Paw Fund to provide no-cost spay and neuter surgeries to eligible pet owners for FY 2023, increasing the contract amount by $17,500, for a new total contract amount not to exceed $134,466 and extending the terms of the contract to September 14, 2023.
Financial Implications: General Fund - $17,500
Contact: Peter Radu, City Manager's Office, (510) 981-7000

6.-Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 11, 2022
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division.  All contracts over the City Manager’s threshold will be returned to Council for final approval.  Total estimated cost of items included in this report is $2,968,600.
Financial Implications: Various Funds - $2,968,600
Contact: Henry Oyekanmi, Finance, (510) 981-7300

7.-Contract No. 3220192 Amendment: Alameda County Network of Mental Health Clients
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 3220192 with Alameda County Network of Mental Health Clients, Berkeley Drop-In Center (BDIC) Community Crisis Response Services to add $100,000 to hire one additional homeless outreach staff member increasing the not-to-exceed amount to $490,000, and extending the contract by one year to December 31, 2023..
Financial Implications: See report.
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

8.-Revenue Grant Agreement: Funding Support from the State of California Women, Infant, Children Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant agreement to the State of California, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the Women, Infants, and Children (WIC) program in the projected total amount of $1,810,197 for Federal Fiscal Years (FFY) 2023 through 2025.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

9.-Expand the Program Manager Series by Establishing the Principal Program Manager Classification and Salary Range
From: City Manager
Recommendation: Adopt a Resolution to expand the Program Manager Series by establishing the Principal Program Manager classification with a monthly stepped salary range of $12,651.60 to $15,309.90 effective October 7, 2022.
Financial Implications: See report
Contact: Donald E. Ellison, Human Resources, (510) 981-6800

10.-Classification and Salary: Establishing the Diversity, Equity, and Inclusion Officer Classification and Salary Range
From: City Manager
Recommendation: Adopt a Resolution to expand the Diversity, Equity, and Inclusion Officer classification with a monthly stepped salary range of $11,497.20 - $15,107.73 effective October 7, 2022.
Financial Implications: See report
Contact: Donald E. Ellison, Human Resources, (510) 981-6800

11.-Classification and Salary: Assistant to the City Attorney
From: City Manager
Recommendation: Adopt a Resolution to establish the Assistant to the City Attorney classification with a monthly stepped salary range of $11,497.20- $15,107.73 effective October 11, 2022.
Financial Implications: See report
Contact: Donald E. Ellison, Human Resources, (510) 981-6800

12.-Revision of the Tool Lending Specialist Classification to Reflect an Accurate Scope of Duties with a Four Percent (4%) Salary Increase
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 62,558-N.S. to approve the revision of the Tool Lending Specialist job specification to accurately reflect the scope of duties and to increase the current salary schedule by four percent (4%) effective March 16, 2021, or the employee’s start date, if more recent.
Financial Implications: See report
Contact: Tess Mayer, Library, (510) 981-6100

13.-Contract: Abbe & Associates LLC for the development of the Integrated Zero Waste Management Strategic Plan
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Abbe & Associates LLC for the development of a draft and final Integrated Zero Waste Management Strategic Plan.   Abbe & Associate LLC’s submittal was rated as the most comprehensive and responsive proposal to the RFP, Spec. No. 22-11477-C , released April 28, 2022.  The contract’s total amount not to exceed is $500,000.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

14.-Residential Preferential Parking (RPP) Program Expansion for West Berkeley Neighborhoods Within Two Blocks of Commercial Corridors
From: Councilmember Kesarwani (Author), Councilmember Taplin (Co-Sponsor)
Recommendation: Referral to the City Manager to expand the scope of the Residential Preferential Parking (RPP) program as originally proposed by staff during the May 14, 2019 City Council Public Hearing as a way to allow more residents to opt-in to this program.
Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110

15.-Regulation of Autonomous Vehicles (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee)
From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Robinson (Co-Sponsor)
Recommendation: Refer to the City Attorney the assessment of the legal abilities and opportunities for the City Council to regulate the operation, sale, and testing of autonomous vehicles (AVs) within the City of Berkeley and report to the Facilities, Infrastructure, Transportation, Environment and Sustainability Committee (FITES) on all findings. Policy Committee Recommendation: To approve the item with a positive recommendation.
Financial Implications: Staff time
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

16.-Adopt an Ordinance Adding Chapter 13.09 to the Berkeley Municipal Code Prohibiting Discriminatory Reports to Law Enforcement (Reviewed by the Public Safety Committee)
Revised material (Supp 2)
From: Councilmember Harrison (Author), Councilmember Hahn (Co-Sponsor)
Recommendation:
1. Adopt an Ordinance Amending Chapter 13.09 to the Berkeley Municipal Code Prohibiting Discriminatory Reports to Law Enforcement.
2. Refer to the City Manager to report to Council within twelve months with anonymized data and information regarding discriminatory reports to law enforcement.
Policy Committee Recommendation: Approve the item with a positive recommendation.
Financial Implications: Staff time
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

17.-Referral to the November 2022 AAO #1 Budget Process for $50,000 in Additional Traffic Calming at MLK and Addison
Revised material (Supp 1)
From: Councilmember Harrison (Author)
Recommendation: Referral to the November 2022 AAO1 Budget Process for $50,000 in additional traffic calming at MLK and Addison.
Financial Implications: $50,000
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

19.-Land Acknowledgement Recognizing Berkeley as the Ancestral, Unceded Home of the Ohlone people
Supplemental material (Supp 2)
From: Councilmember Hahn (Author), Mayor Arreguin (Co-Sponsor)
Recommendation:
1. Adopt the Land Acknowledgement Statement Resolution recognizing that Berkeley is the ancestral, unceded home of the Ohlone people.
2. Display the Land Acknowledgement in writing at all in-person or online Regular meetings of the City Council and read the Acknowledgement at the first Regular meeting of each month in which Regular City Council meetings are held.
3. Recommend to all Berkeley Commissions, Committees, Boards, and other elected and appointed City entities to consider inclusion of the Land Acknowledgement in meeting practices and direct the City Manager to convey a copy of this Item and Resolution to all such entities for reference.
4. Direct the City Manager to post the Land Acknowledgement or a prominent link to the Acknowledgement on the home page of the City’s website and to create a webpage dedicated to Ohlone history and culture.
5. Now and in the future, consider additional more substantive reparative and restorative actions, including but not limited to those described under the heading “Actions/Alternatives Considered.”
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

Action Calendar

The public may comment on each item listed on the agenda for action as the item is taken up. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

The Presiding Officer will request that persons wishing to speak use the "raise hand" function to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action items may be reordered at the discretion of the Chair with the consent of Council.

Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

20.-Referral Response: Amendments to the Zoning Ordinance to clarify and streamline the permit process for Amusement Device Arcades
Revised material (Supp 1)
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt the first reading of Zoning Ordinance amendments to provide consistency for the incidental use of Amusement Devices and regulate Amusement Device Arcades as Commercial Recreation Centers.
Financial Implications: See report.
Contact: Jordan Klein, Planning and Development, (510) 981-7400

21.-ZAB Appeal:  2018 Blake Street, Use Permit #ZP2021-0095
Administrative Record
Presentation
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit #ZP2021-0095 to construct a six-story, multi-family residential building with 12 units (including two Low-Income units), and dismiss the appeal.
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

22a. -Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter 13.110
Revised material (Supp 2)
(Reviewed by the Health, Life Enrichment, Equity & Community Committee) (Item Contains revised material)
From: Commission on Labor
Recommendation: Adopt first reading of the proposed Fair Workweek Ordinance, adding Berkeley Municipal Code Chapter 13.110.
Policy Committee Recommendation: To forward the Commission on Labor’s item to Council with a positive recommendation to adopt the version of the ordinance dated “7/7/22” that was presented to the Health, Life Enrichment, Equity & Community Committee at the July 11, 2022 meeting.
Financial Implications: See report
Contact: Margot Ernst, Commission Secretary, (510) 981-5400

22b.-Companion Report: Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter 13.110 (Reviewed by the Health, Life Enrichment, Equity & Community Committee)
From: City Manager
Recommendation: Direct this item to the Health, Life Enrichment, Equity, and Community Policy Committee for the following: Review and evaluate the proposed policy; and Evaluate resources needed to conduct the necessary analysis of impacts and costs associated with implementing the proposed policy.
Policy Committee Recommendation: To forward the Commission on Labor’s item to Council with a positive recommendation to adopt the version of the ordinance dated “7/7/22” that was presented to the Health, Life Enrichment, Equity & Community Committee at the July 11, 2022 meeting.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

23.-Reconsideration of Hopkins Corridor Plan in Light of Newly Available Material Information
Revised material (Supp 2)
From: Councilmember Hahn (Author), Councilmember Wengraf (Co-Sponsor)
Recommendation:
1. Proceed with Paving of Hopkins Street from Sutter Street to San Pablo Avenue as currently scheduled for 2023.
2. Proceed with implementation of the approved facilities from Sutter to McGee Avenue (including the four-way stop sign at McGee) in accordance with the Supplemental 3 recommendations approved by the City Council on May 10, 2022, including but not limited to the requirement that Community Building/Placemaking elements be developed and implemented simultaneously with Complete Streets/Traffic elements, to the greatest extent feasible.
3. Apply up to the full $300,000 allocated between the FY 23 and FY 24 budgets towards the Community Building/Placemaking elements on the nine-block segment of Hopkins from Sutter to McGee to support their full and simultaneous implementation, as designed by a Landscape Architect.
4. Place on hold work towards implementing the changes for the three blocks of Hopkins from McGee to Gilman Street approved on May 10, 2022 pending further study of the alternatives, consideration of the specifications listed below under Alternatives to be Considered and Independent Study Specifications and additional City Council action, after the required study and community input, to either affirm the Council’s actions of May 10, 2022 or to implement a substitute or modified program.
5. Refer $400,000 to the FY 2024 budget process to fund a comprehensive, independent study of the McGee to Gilman portion of Hopkins Street, as specified below under Alternatives to be Considered and Independent Study Specifications.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

25.-Commission on Disability Fiscal Year 2022-2023 Work Plan
From: Commission on Disability
Contact: Andrew Brozyna, Commission Secretary, (510) 981-6300