City Council Regular Meeting eAgenda October 15, 2024

AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, October 15, 2024
6:00 P.M.

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708

Jesse Arreguin, Mayor

Councilmembers:

This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. Live captioned broadcasts of Council meetings are available on B-TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1613604094 To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 360 4094 To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email council@berkeleyca.gov.

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.  The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $250 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding. The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

Preliminary Matters

Roll Call:

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay.  We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

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. Persons attending the meeting in-person and wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.

Urgent Item: Resolution in Support of Proposition 6 to Amend Article 1, Section 6 of the California Constitution
From: Councilmember Tregub (Author), Councilmember Lunaparra (Author), Mayor Arreguin (Co-Sponsor)
Recommendation: Adopt a resolution in support of Proposition 6, which will appear on the California general election ballot on November 5th, 2024, and distribute copies to the Governor of California, the Speaker of the California Assembly, the President pro Tempore of the California State Senate, and other appropriate state and local officials to advocate for its passage.
Financial Implications: See report
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140

Consent Calendar

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 or Information 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.

Consent Calendar

1.-Amending the Berkeley Hazardous Materials and Waste Management Code
From: City Manager
Recommendation: Adopt second reading of an Ordinance No. 7,936-N.S. amending Berkeley Municipal Code (BMC) Chapter 15.12, Berkeley Hazardous Materials and Waste Management.

First Reading Vote: All Ayes.
Financial Implications: See report.
Contact: Jordan Klein, Planning and Development, (510) 981-7400

2.-Contract #102814-1 Amendment: Konica Minolta Business Services, Inc. for Electronic Content Management System and Agenda Management and Workflow System
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract #102814-1 with Konica Minolta Business Solutions, Inc. for software maintenance and related services for OnBase, an Electronic Content Management System (ECMS) and agenda management and workflow system, to increase the not-to-exceed amount by $381,949 for a total not to exceed amount of $922,953 for regular annual maintenance costs and version updates, and authorize annual renewals through September 18, 2029. 
Financial Implications: General Fund - $381,949
Contact: Mark Numainville, City Clerk, (510) 981-6900

3.-*Item Removed from Agenda by City Manager* Cooperative Agreement with East Bay Regional Parks District 
From: City Manager
Contact: Peter Radu, City Manager's Office, (510) 981-7000

4.-Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 15, 2024
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.
Financial Implications: See report.
Contact: Henry Oyekanmi, Finance, (510) 981-7300

5.-Contract: Mission Critical Partners for Emergency Communications Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a piggyback contract and any amendments with Mission Critical Partners, LLC, using the California Multiple Award Schedules (CMAS) contract No. 3-13-70-3020A in an amount not to exceed $300,000 for the enhancement of mission-critical communications systems from November 1, 2024, through May 30, 2026, with two (2), two (2) year options to extend. 
Financial Implications: See report.
Contact: David Sprague, Fire, (510) 981-3473

6.-PATH CITED Round 3 Revenue Grant Agreement
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to accept a grant award, and execute any agreements, in the amount of $96,901.88 for Fiscal Year 2025, from the PATH CITED initiative to support the development of the City of Berkeley’s Health, Housing, and Community Services Department’s Enhanced Care Management Program.  This grant agreement requires matching funding from the City in the amount of $96,901.88. 
Financial Implications: See report.
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

7.-Contract No. 32200162-1 Amendment:  Thirdwave Corporation for Professional Services 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to amend Contract No. 32200162 with ThirdWave Corporation to increase the not to exceed (NTE) amount by $36,020, utilizing one-time funds. The amendment will increase the NTE amount from $275,000 to $311,020 through June 30, 2025.
Financial Implications: See report.
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

8.-Revise Salary Range – Aquatics Specialist II
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to revise the salary range of the unrepresented Aquatics Specialist II classification in order to remedy salary compaction with Aquatics Specialist I. 
Financial Implications: See Report.
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

9.-Purchase Order: Coast Counties Truck & Equipment Co. for Zero Waste Vehicle Parts
From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Coast Counties Truck & Equipment Co. for the purchase of Zero Waste long-haul vehicle parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $600,000. 
Financial Implications: See report.
Contact: Terrance Davis, Public Works, (510) 981-6300

10.-Purchase Order: Pape Kenworth for Zero Waste Tractor Trailer Parts
From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City, allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Pape Kenworth for the purchase of Zero Waste tractor trailer parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $300,000. 
Financial Implications: See report.
Contact: Terrance Davis, Public Works, (510) 981-6300

11.-Purchase Order: Western Truck Center for Zero Waste Vehicle Parts and Repairs
From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Western Truck Center for the purchase and repairs of Zero Waste vehicle parts and repairs for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $400,000. 
Financial Implications: See report.
Contact: Terrance Davis, Public Works, (510) 981-6300

12.-Contract: Shaw Industries, Inc. for Civic Center Building Carpet Replacement Project
From: City Manager
Recommendation: Adopt a Resolution:

1. Approving the CMAS Contract with Shaw Industries, Inc. for Carpet Replacements at the Civic Center Building; 2. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the terms and conditions of the agreements with Shaw Industries, Inc. in an amount not to exceed $107,460, which includes a contingency of $10,367.
Financial Implications: See report.
Contact: Terrance Davis, Public Works, (510) 981-6300

13.-Contract No. 32000067 Amendment: GHD, Inc. for Preparation of a Sanitary Sewer Master Plan
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000067 with GHD, Inc. for further development of a Sanitary Sewer Master Plan, also known as a Sanitary Sewer System Plan (SSP), and Related Engineering Services in an amount not to exceed $350,000 for a total not to exceed $1,290,000. 
Financial Implications: See report.
Contact: Terrance Davis, Public Works, (510) 981-6300

14.-Purchase Order: Arata Equipment Company for Zero Waste Vehicle Parts and Repairs
From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City of Berkeley allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Arata Equipment Company for the purchase and repairs of Zero Waste vehicle parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $500,000. 
Financial Implications: See report.
Contact: Terrance Davis, Public Works, (510) 981-6300

15.-Purchase Order: McNeilus Truck and Manufacturing for Zero Waste Vehicle Parts
From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with McNeilus Truck and Manufacturing, for the purchase of Zero Waste vehicle parts and services for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $350,000. 
Financial Implications: See report.
Contact: Terrance Davis, Public Works, (510) 981-6300

16.-Grant Applications: Alameda County Transportation Commission Comprehensive Investment Plan 2026
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager or their designee to: Submit grant applications to the Alameda County Transportation Commission for up to $4 million in Comprehensive Investment Plan (CIP) funding for the Adeline Street Transportation Improvement Project ($2 million), and Telegraph Complete Streets Corridor Project ($2 million), respectively; accept the grants awarded; and execute any resultant agreements and amendments. 
Financial Implications: See report.
Contact: Terrance Davis, Public Works, (510) 981-6300

17.-Purchase Order: Golden State Emergency Vehicle for Fire Vehicle Parts and Repairs
From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Golden State Emergency Vehicle for the purchase and repairs of fire vehicle parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $1,300,000. 
Financial Implications: See report.
Contact: Terrance Davis, Public Works, (510) 981-6300

18.-Purchase Order: Nicholas K Corp dba the Ford Store San Leandro for two (2) 2024 Ford T350 E Transit Vans
From: City Manager
Recommendation: Adopt a Resolution satisfying the requirements of City Charter allowing the City Manager to participate in Alameda County GSA Master Contract No. 901979 and authorize the City Manager to execute a purchase order for two (2) 2024 Ford T350 E Transit Vans with Nicholas K Corp dba the Ford Store San Leandro in an amount not to exceed $165,500.00. 
Financial Implications: See report.
Contact: Terrance Davis, Public Works, (510) 981-6300

19.-Purchase Order: Pape Machinery, Inc. for Heavy Equipment Parts and Repairs
From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City of Berkeley allowing the City to participate in Sourcewell (formerly NJPA) contract bid procedures, authorizing the City Manager to execute a purchase order with Pape Machinery, Inc. for the purchase and repairs of heavy equipment parts for the period October 1, 2024 to December 31, 2027 for an amount not to exceed $1,000,000. 
Financial Implications: See report.
Contact: Terrance Davis, Public Works, (510) 981-6300

20.-Councilmember Taplin’s Referral regarding Cal Sailing Club’s six historic J-Dock berths 
Revised agenda material (Supp 1)
From: Parks and Waterfront Commission
Recommendation: Recommend that Council adopt a resolution designating Cal Sailing Club’s six historic J-Dock berths for safety training for boating activities, community service, and recreational education uses, and directing the City Manager to retain the six slips for Cal Sailing Club (CSC) to use for nonprofit sailing instruction programs and to be reviewed every four years. 
Financial Implications: See report.
Contact: Roger Miller, Commission Secretary, (510) 981-6700

Council Consent Items

21.-Amending BMC Section 9.04.165 -Tax Exemption for Research & Development Grants
From: Mayor Arreguin (Author)
Recommendation: Adopt a first reading of an Ordinance amending Berkeley Municipal Code Section 9.04.165 to exempt the taxation of business gross receipts relating to government and philanthropic research and development grants in the public interest. 
Financial Implications: See report.
Contact: Jesse Arreguin, Mayor, (510) 981-7100

22.-Naming the Harrison Street Skate Park in Honor of Terrance McCrary
From: Councilmember Kesarwani (Author)
Recommendation: Referral to the Parks, Recreation and Waterfront Commission to officially name the Harrison Street Skate Park in honor of Terrance McCrary, Jr., former skateboard counselor in training with our Recreation Division’s Skate Camp and Berkeley resident killed by gun violence.

Financial Implications: See report.
Contact: Rashi Kesarwani, Councilmember, (510) 981-7110

23.-Russell Street Halloween Festivities: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Humbert (Author), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember including $1,000 from Councilmember Humbert to the Claremont Elmwood Neighborhood Association for Russell Street Halloween festivities with funds relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Councilmember Humbert and any other Councilmembers who would like to contribute. 
Financial Implications: Councilmember’s Discretionary Funds - $1,000
Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180

Action Calendar

-The public may comment on each item listed on the agenda for action. 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 during one of the Action Calendar public comment periods on the item. Public comment will occur for each Action item (excluding public hearings, appeals, and/or quasi-judicial matters) in one of two comment periods, either 1) before the Action Calendar is discussed; or 2) when the item is taken up by the Council.

A member of the public may only speak at one of the two public comment periods for any single Action item.

The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, 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.

Action Calendar – Scheduled Public Comment Period

-During this public comment period, the Presiding Officer will open and close a comment period for each Action item on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters). The public may speak on each item. Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

24.-Amendments to the of Berkeley Green Code to require all newly constructed buildings to be Zero NOx Emission Buildings
From: City Manager
Recommendation: 
1. Adopt first reading of an Ordinance amending the Berkeley Green Code, BMC Chapter 19.37, to require all newly constructed buildings to be Zero NOx Emission Buildings with two exceptions: 1) for industrial or manufacturing processes; and 2) for cooking equipment serving nonresidential occupancies in buildings; and

2. Adopt a Resolution setting forth findings of local conditions that justify more stringent regulations than those provided by the 2022 California Green Building Standards Code with Mid-Cycle Supplements. 
Financial Implications: See report.
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Council Action Calendar

25.-Resolution: Opposition to Police Brutality and Use of Force on Nonviolent Protesters (Reviewed by Public Safety Committee)
From: Councilmember Harrison (Author)

Recommendation:

Adopt a Resolution reaffirming the City of Berkeley’s opposition to and condemning police brutality towards nonviolent protesters and discouraging use of “less-lethal” weapons for crowd control.

Policy Committee Recommendation: No final action taken.  Item is automatically returning to the Council agenda pursuant to the time limit for items referred to policy committees. 
Financial Implications: See report.
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

26.-Community Safety Plans for a Safe and Resilient Berkeley
From: Councilmember Hahn (Author)
Recommendation: Refer to the City Manager to create four strategic, single-subject Community Safety Plans to effectively reduce Gun Violence, Sexual Assault, Retail Theft, and Traffic Violence. Return Plans to the City Council for review and approval. 
Financial Implications: See report.
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

Information Reports

27.-Civic Arts Grant Awards: Fiscal Year 2025
From: City Manager
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

28.-LPO NOD: 2436-2442 Haste Street, #LMIN2024-0002
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

29.-LPO NOD: 1614 Sixth Street/#LMSAP2024-0003
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Public Comment – Items Not Listed on the Agenda

Adjournment

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:  1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred.  2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.