City Council Regular Meeting eAgenda July 13, 2021

District 1 – Rashi Kesarwani

District 5 – Sophie Hahn

District 2 – Terry Taplin

District 6 – Susan Wengraf

District 3 – Ben Bartlett

District 7 – Rigel Robinson

District 4 – Kate Harrison

District 8 – Lori Droste

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 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.

1.

FY 2022 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E) 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,772-N.S. setting the FY 2022 tax rate for funding the provision of emergency services for the disabled at $0.01796 (1.796 cents) per square foot of improvements.  
First Reading Vote: All Ayes. 
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

2.

FY 2022 Annual Appropriations Ordinance 
From: City Manager 
Recommendation: Adopt second reading of Ordinance 7,779-N.S. adopting the FY 2022 Annual Appropriations Ordinance (AAO) in the amount of $673,601,287 (gross appropriations) and $552,265,708 (net appropriations). 
First Reading Vote: All Ayes. 
Financial Implications: See report 
Contact: Rama Murty, Budget Office, (510) 981-7000

3.

Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on July 13, 2021 
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: Various Funds - $663,976 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

4.

Contract: ERA Construction, Inc. for the O&K Docks Electrical Upgrade Project at the Berkeley Marina 
From: City Manager 
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the O&K Docks Electrical Upgrade Project (Bid Specification No. 21-11449-C); and 2. Rejecting the bid protest of Edward W. Scott Electric Co. Inc., the second-lowest bidder; and 3. Accepting the bid of ERA Construction, Inc. as the lowest responsive and responsible bidder on the Project; and 4. 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 approved plans and specifications, with ERA Construction, Inc., for the O&K Docks Electrical Upgrade Project, in an amount not to exceed $1,200,000, which includes a contract amount of $1,117,980 and a 7.3% contingency in the amount of $82,020.  
Financial Implications: Various Funds - $1,200,000 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

5.

Contract No. 32000274 Amendment: Suarez and Munoz Construction, Inc. for San Pablo Park Playground and Tennis Court Renovation Project 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000274 with Suarez and Munoz Construction, Inc. for the San Pablo Park Playground and Tennis Court Renovation Project, increasing the amount by $60,000 for an amended total amount not to exceed $2,154,056.  
Financial Implications: Parks Tax Fund - $60,000 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

6.

Authorize the City Manager to Accept REAP and PDA Planning Grant Applications 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to accept three planning grant awards and to execute documents or amendments associated with each grant. The three applications awarded are: A competitive Regional Early Action Planning (REAP) grant in the amount of $75,000; a non-competitive REAP grant in the amount of $83,506; and a Priority Development Area (PDA) Planning Grant for the San Pablo Avenue PDA in the amount of $750,000.  
Financial Implications: See report 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

7.

Accept Grant Funding from the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program to Reduce Impaired Driving in the City of Berkeley 
From: City Manager 
Recommendation: Adopt a Resolution to authorize the City Manager, or designee, to accept the “Cannabis Tax Fund Grant Program (CTFGP)” and enter into the resultant grant agreement and any amendments to fund impaired driving detection/investigation training for officers, community educational programs and supplemental impaired driving enforcement. The tentative grant allocation is $135,462 for the period of July 1, 2021 through June 30, 2022.  
Financial Implications: See report 
Contact: Jennifer Louis, Police, (510) 981-5900

8.

Approval and Levy of 2018 Clean Stormwater Fee in FY 2022 
From: City Manager 
Recommendation: Adopt a Resolution approving the proposed adjusted fees for the 2018 Clean Stormwater Fee and ordering the levy of the fees in Fiscal Year 2022.  
Financial Implications: See report 
Contact: Liam Garland, Public Works, (510) 981-6300

9.

Contract: Rainbow Waterproofing & Restoration Co., Inc. for the Central Library Stucco Restoration Project 
From: City Manager 
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for Central Library Stucco Restoration Project, Specification No.20-11405-C; 2. Accepting the bid of Rainbow Waterproofing & Restoration Co., Inc. as the lowest responsive and responsible bidder; and 3. 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 approved plans and specifications, for an amount not to exceed $702,384, which includes a contingency of $117,064.  
Financial Implications: Library Tax Fund - $702,384 
Contact: Liam Garland, Public Works, (510) 981-6300, Tess Mayer, Library, (510) 981-6100

10.

Contract No. 32000092 Amendment: New Image Landscape Company for On-Call Landscaping Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract 32000092 with New Image Landscape Company to increase the spending authority by $150,000 for a total not to exceed $200,000 and to extend the contract term an additional two year to November 30, 2023 for on-call landscaping services.  
Financial Implications: Various Funds - $150,000 
Contact: Liam Garland, Public Works, (510) 981-6300

Council Consent Items

11.

Resolution in Support of Ending Qualified Immunity Act 
From: Councilmember Taplin (Author), Councilmember Hahn (Co-Sponsor) 
Recommendation: Adopt a Resolution in Support of the Ending Qualified Immunity Act by Rep. Ayanna Pressley (D-Mass.) and Sen. Ed Markey (D-Mass) and send copy of resolution to the office of Rep. Barbara Lee (CA-13).  
Financial Implications: None 
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

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. 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.

12.

Endorse All Home CA Regional Action Plan on Homelessness 
Presentation
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Wengraf (Co-Sponsor) 
Recommendation:  
1. Receive a presentation from All Home CA, a regional collective impact partnership, on their Regional Action Plan on homelessness. 
2. Endorse the All Home CA Regional Action Plan and the 1-2-4 framework to support ending homelessness in the San Francisco Bay Area, with a goal of a 75% reduction by 2024. 
3. Refer to the City Manager to utilize the assistance of All Home to analyze the City of Berkeley’s current homelessness expenditures and programs and explore recalibrating and prioritizing investments to align with the 1-2-4 RAP framework. The City Manager should return to the City Council and the Homeless Services Panel of Experts with a report on the findings of this analysis.  
Financial Implications: See report 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

Action Calendar – Public Hearings

Staff shall introduce the public hearing item and present their comments. This is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak use the "raise hand" function to be recognized and 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. 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.

13.

Referral Response: General Plan Re-Designation and Zoning Map Amendment of Parcels Located at 1709 Alcatraz Avenue, 3404 King Street, 3244 Ellis Street, 1717 Alcatraz Avenue, and 2024 Ashby Avenue 
Presentation
From: City Manager 
Recommendation: Conduct a public hearing and, upon conclusion: 
1. Adopt first reading of an Ordinance rezoning five parcels located at 1709 Alcatraz Avenue (APN 052-1533-001-03), 3404 King Street (APN 052-1435-001-02), 3244 Ellis Street (APN 052-1533-005-00), 1717 Alcatraz Avenue (APN 052-1533-006-00) and 2024 Ashby Avenue (APN 053-1592-022-00) to Commercial – Adeline Corridor District (C-AC), and  
2. Adopt a Resolution changing the General Plan designation of the five parcels to Adeline Corridor Mixed Use and to revise the boundaries of the Adeline Corridor Specific Plan Area to include the five parcels.  
Financial Implications: None 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

14.

Response to Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance to Address Public Safety Concerns; Amending BMC Chapters 23C.24 and 23F.04 
From: City Manager 
Recommendation: Conduct a public hearing and, upon conclusion, adopt the first reading of a local Accessory Dwelling Unit (ADU) Ordinance [Berkeley Municipal Code (BMC) Chapter 23C.24] and amendments to relevant Definitions [BMC Chapter 23F.04] in the Zoning Ordinance.  
Financial Implications: None 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Action Calendar

15.

Adopt a Resolution Updating City of Berkeley Street Maintenance and Rehabilitation Policy (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee) (Continued from the June 1, 2021 meeting) (Item contains Supplemental Material) 
From: Councilmember Harrison (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Taplin (Co-Sponsor) 
Recommendation:  
1. Adopt a Resolution updating the City’s Street Maintenance and Rehabilitation Policy dated June 1, 2021. 
2. Refer the exploration of potential bonding and funding opportunities for improving the Paving Condition Index (PCI) of streets and creating a Paving Master Plan back to the Facilities, Infrastructure, Transportation, Environment & Sustainability (FITES) Committee for further review. 
Policy Committee Recommendation: To move the Public Works supplemental item “City of Berkeley Street Maintenance and Rehabilitation Policy to Council” with a positive recommendation including amendments made during the meeting today, and ask Council to refer the exploration of potential bonding and funding opportunities for improving the PCI of streets and creating a Paving Master Plan back to the FITES Committee for further review. 
Financial Implications: Staff time 
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

16.

General Plan and Housing Element Annual Progress Report (APR) 
Presentation
From: City Manager 
Recommendation: Review and accept the 2020 General Plan Annual Progress Report (APR) and 2020 Housing Element APR, which were submitted to the State of California’s Department of Housing and Community Development (HCD) and the Governor’s Office of Planning and Research (OPR) on April 1, 2021.  
Financial Implications: None 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

17.

Amending BMC Section 14.56.070 for 3-Ton Commercial Truck Weight Limit on Tenth Street, Ninth Street, Eighth Street, and Seventh Street 
Revised material (Supp 1)
From: Councilmember Taplin (Author) 
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 14.56.070 to add 3-ton commercial truck weight limits on Tenth Street between University Avenue and Dwight Way, Ninth Street between University Avenue and Dwight Way, Eighth Street between University Avenue and Dwight Way, and Seventh Street between University Avenue and Dwight Way.  
Financial Implications: See report 
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

18.

Police Accountability Board – Appointment of Members (Continued from June 29, 2021) 
From: City Manager 
Recommendation: Adopt a Resolution appointing nine members to the Police Accountability Board nominated by the Mayor and City Councilmembers, and appointing one alternate member.  (Note: Appointment of the alternate member is continued from the June 1, 2021 meeting.) 
Financial Implications: See report 
Contact: Mark Numainville, City Clerk, (510) 981-6900

Information Reports

19.

Animal Care Commission 2021/2022 Work Plan 
From: City Manager 
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000

20.

Commission on Disability Fiscal Year 2021-2022 Work Plan 
From: Commission on Disability 
Contact: Dominika Bednarska, Commission Secretary, (510) 981-6300

21.

Fiscal Year 2022 Sugar-Sweetened Beverage Product Panel of Experts Commission Work Plan 
From: Sugar Sweetened Beverage Product Panel of Experts 
Contact: Dechen Tsering, Commission Secretary, (510) 981-5300