City Council Regular Meeting eAgenda July 27, 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.

Consent Calendar

1.

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 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,780-N.S. 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).  
First Reading Vote: Ayes – Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin; Noes – None; Abstain – None; Absent – Bartlett. 
Financial Implications: None 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

2.

Amending BMC Section 14.56.070 for 3-Ton Commercial Truck Weight Limit on Tenth Street, Ninth Street, Eighth Street, and Seventh Street 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,781-N.S. 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. 
First Reading Vote: All Ayes 
Financial Implications: See report 
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

3.

Contract: Downtown Berkeley YMCA for Fitness Center Memberships for City Employees 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount not to exceed $163,008 for fitness center memberships for City employees for the period July 1, 2021 through June 30, 2022.  
Financial Implications: Various funds - $163,008 
Contact: Rama Murty, Budget Office, (510) 981-7000

4.

Minutes for Approval 
From: City Manager 
Recommendation: Approve the minutes for the council meetings of June 1, 2021 (regular), June 3, 2021 (closed), June 10, 2021 (closed), June 15, 2021 (special and regular), June 17, 2021 (closed), June 25, 2021 (closed) and June 29, 2021 (regular).  
Financial Implications: None 
Contact: Mark Numainville, City Clerk, (510) 981-6900

5.

Voting Delegates – League of California Cities Annual Conference 
From: City Manager 
Recommendation: Designate, by motion, a voting delegate and alternate for the business meeting of the Annual League of California Cities conference to be held on Friday, September 24, 2021, in Sacramento.  
Financial Implications: See report 
Contact: Mark Numainville, City Clerk, (510) 981-6900

6.

Contract: Citygate for Fire Department Standards of Coverage Study 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Citygate Associates, LLC (Contractor) to provide a Standards of Response Coverage study for the Berkeley Fire Department (Department) from August 1, 2021 to September 30, 2022, in an amount not to exceed $125,000 with an option to extend for an additional two years, for a total contract amount not to exceed $200,000. 
Financial Implications: Measure FF - $200,000 
Contact: Abe Roman, Fire, (510) 981-3473

7.

Contract: East Bay Sanctuary Covenant – Trauma Support Services for Latinx/Latinas/Latinos 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute and amend a contract with the East Bay Sanctuary Covenant, funded through State of California Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) monies, for Trauma Support Services for Latinx/Latinas/Latinos, for an initial contract not to exceed $100,000 through June 30, 2022.  
Financial Implications: Mental Health Services Act Fund - $100,000 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

8.

Contract No. 052129-1 Amendment: Pacific Center for Human Growth 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment for Contract No. 052129-1 with the Pacific Center for Human Growth for trauma support services for the Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, Agender, Plus (LGBTQIA+) population, to increase the amount by $100,000 for a total contract amount not to exceed $415,150, and to extend the contract through June 30, 2022.  
Financial Implications: Mental Health Services Act Fund - $100,000 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

9.

Contract No. 088999-1 Amendment: Center for Independent Living 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment for Contract No. 088999-1 with the Center for Independent Living for trauma support services for older adults, to increase the amount by $31,846 for a total contract amount not to exceed $320,676, and to extend the contract through June 30, 2022.  
Financial Implications: Mental Health Services Act Fund - $31,846 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

10.

Contract No. 8392B Amendment: Innovative Claim Solutions (ICS) for claims administration of the City’s Workers’ Compensation Program 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8392B with Innovative Claim Solutions (ICS) to provide third-party claims administrative services, Medicare, Medicaid, and SCHIP Extension Act (MMSEA) Section 111 Mandatory Reporting to the Centers for Medicare & Medicaid Services (CMS), to increase the amount by an additional $616,819, for a total contract amount of $7,440,430, and extending the period through June 30, 2022.  
Financial Implications: Workers’ Compensation Self-Insurance Fund - $616,819 
Contact: LaTanya Bellow, Human Resources, (510) 981-6800

11.

Contract No. 090741-1 Amendment: Bartel Associates, LLC for Actuarial Consulting Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 090741-1  with Bartel Associates, LLC for Actuarial Consulting Services, increasing contract amount by $95,000 for a revised total contract amount not to exceed $270,000 through December 31, 2023.  
Financial Implications: Various Funds - $95,000 
Contact: LaTanya Bellow, Human Resources, (510) 981-6800

12.

Contract: OBS Engineering, Inc. for John Hinkel Park Amphitheater Area Improvements Project 
Revised material (Supp 2)
From: City Manager 
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the John Hinkel Park Amphitheater Area Improvements Project, Specification No. 21-11426-C; 2. Accepting the bid of the lowest responsive and responsible bidder, OBS Engineering, Inc.; 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, with OBS Engineering, Inc. for the John Hinkel Park Amphitheater Area Renovations Project at 41 San Diego Road, in an amount not to exceed $1,119,580 which includes a contract amount of $1,017,800 and a 10% contingency in the amount of $101,780.  
Financial Implications: Various Funds - $1,119,580 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

13.

Contract No. 31900178 Amendment: Siegel & Strain Architects for Design and Construction Administration Services for the Cazadero Camp Jensen Dormitory Replacement Project 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 31900178 with Siegel & Strain Architects for design and construction support services for the Cazadero Camp Jensen Dormitory Replacement Project, increasing the contract by $120,000 for a total amount not to exceed $278,000.  
Financial Implications: Camps Fund - $120,000 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

14.

Contract No. 32100146 Amendment: Bellingham Inc. for Additional Dock Repairs at the Berkeley Marina 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32100146 with Bellingham Inc. to repair additional docks at the Berkeley Marina by increasing the construction contract amount by $40,000 for a not-to-exceed amount of $280,000.  
Financial Implications: Marina Fund - $40,000 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

15.

Contract No. 32100102 Amendment: DMR Builders for the 125/127 University Avenue Tenant Improvement Project 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32100102 with DMR Builders to complete renovation and facility upgrade work at the 125/127 University Avenue building, increasing the amount of the contract by $146,000, for a new amount not to exceed of $439,000.  
Financial Implications: Parking Meter Fund - $146,000 
Contact: Liam Garland, Public Works, (510) 981-6300

16.

Dana Complete Street Pilot Project by AC Transit 
From: City Manager 
Recommendation: Adopt a Resolution: 1) approving the Dana Complete Street Pilot Project, including a conceptual design repurposing an existing traffic lane to install a two-way cycle track, construction of a boarding island for bus passengers, and specified changes to parking and loading zones, as necessary, and directing the City Manager to direct staff to work with Alameda-Contra Costa County Transit District (AC Transit) in developing the detailed engineering design of the project; 2) authorizing the City Manager to direct staff to grant permits for construction activities within City Right-of-Way, contingent on Public Works staff approval of final construction drawings and specifications from AC Transit, and directing the City Manager to direct staff to work with AC Transit on the evaluation phase of the project following construction.  
Financial Implications: Staff time 
Contact: Liam Garland, Public Works, (510) 981-6300

17.

Creation of Climate Equity Action Fund 
Revised material (Supp 1)
From: Energy Commission 
Recommendation: The Energy Commission recommends that City Council create a Climate Equity Action Fund, designate a process for making funding decisions, and appropriate $600,000 to create a pilot test.  
Financial Implications: See report 
Contact: Billi Romain, Commission Secretary, (510) 981-7400

18.

Request for Two Additional Meetings for the Commission 
From: Homeless Services Panel of Experts  
Recommendation: That Council grant the Homeless Services Panel of Experts two additional meetings for the calendar year, 2021.  
Financial Implications: See report 
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400

Council Consent Items

19.

Contract No. 32000196 Amendment: Szabo & Associates for Communications Consulting Services 
Supplemental material (Supp 2)
From: Mayor Arreguin (Author) 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000196 with Szabo & Associates for communications consulting services for the Mayor’s Office, in the amount of $78,000, extending the contract to June 30, 2022.  
Financial Implications: Mayor's Office Budget - $78,000 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

20.

Letter of Support for Senate Bill 379 
From: Councilmember Taplin (Author) 
Recommendation: Send a letter of support for Senate Bill 379 to State Senator Scott Wiener (D-SF), State Senator Nancy Skinner (D-Berkeley), Asm. Buffy Wicks (D-Oakland) and Senate President Pro Tempore Toni Atkins (D-San Diego).  
Financial Implications: None 
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

21.

Proclamation: Partition Remembrance Day 
From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor) 
Recommendation: That the Berkeley City Council adopts the Partition Remembrance Day Proclamation.  
Financial Implications: None 
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

22.

Accelerating the City of Berkeley’s transition to Plant-Based Foods 
Revised material (Supp 3)
From: Councilmember Hahn (Author), Mayor Arreguin (Author) 
Recommendation: Adopt a Resolution establishing a goal to achieve a 50% decrease in animal-based food products served by the City of Berkeley by 2024, and refer to the City Manager to report to the City Council on progress towards reaching this goal by January 31, 2022.  
Financial Implications: See report 
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

23.

Appointment of Beverly Greene to the Board of Library Trustees 
From: Councilmember Hahn (Author) 
 Recommendation: Adopt a Resolution appointing Beverly Greene to the Board of Library Trustees (“BOLT”) for a term of four years beginning August 31, 2021. 
Financial Implications: None 
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

24.

Letter to Senators Feinstein and Padilla in Support of the Restaurant Revitalization Fund Replenishment Act  
From: Councilmember Hahn (Author) 
Recommendation: Send a letter, attached, to Senators Feinstein and Padilla in Support of the Restaurant Revitalization Fund Replenishment Act. 
Financial Implications: None 
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

25.

Moving Forward to Contract for Municipal Grant-Writing Services 
From: Councilmember Hahn (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Harrison (Co-Sponsor) 
Recommendation: Direct the City Manager to move forward to establish needs and select a firm or firms to supplement the City’s grant writing capacity, and provide a budget referral in time to be considered for the November 2021 AAO Update, such that a new firm or firms can be in place by January of 2022.  
Financial Implications: See report 
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

26.

Calling on the U.S. Government to Negotiate the Elimination of Nuclear Weapons 
From: Councilmember Wengraf (Author), Councilmember Hahn (Co-sponsor) 
Recommendation: Adopt a Resolution calling on the government of the United States to implement its obligations under international law to negotiate the elimination of nuclear weapons. Send a copy of the resolution to President Biden, Congressmember Barbara Lee, and Senators Dianne Feinstein and Alex Padilla.  
Financial Implications: None 
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

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.

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.

27.

Updated Fees for the Home Occupations Ordinance 
Presentation
From: City Manager 
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution amending Resolution No. 67,985-N.S., the Planning Department Fee Schedule, to establish fees for new Home Occupation permit categories.  
Financial Implications: See report 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Action Calendar – Old Business

28.

Objective Standards Recommendations for Density, Design and Shadows
Presentation
From: Joint Subcommittee for the Implementation of State Housing Laws (Continued from March 23, 2021. Item contains supplemental material.) 
Recommendation: Refer to the Planning Commission and Design Review Committee to review the recommendations from the Joint Subcommittee for the Implementation of State Housing Laws (JSISHL) for objective standards for density, design and shadows and draft Zoning Ordinance amendments for City Council consideration.  
Financial Implications: See report 
Contact: Alene Pearson, Commission Secretary, (510) 981-7400

Action Calendar – New Business

29.

City Council Rules of Procedure and Order Revisions (Item re-agendized by Council direction on April 20, 2021 to consider whether to extend the temporary rules in Appendix D.) 
From: City Manager 
Recommendation: Adopt a Resolution revising the City Council Rules of Procedure and Order to add temporary rules for the legislative process during the COVID-19 declared emergency; sunset the temporary process to read written comments at meetings; and rescinding any preceding amendatory resolutions.  
Financial Implications: None 
Contact: Mark Numainville, City Clerk, (510) 981-6900

Information Reports

30.

Referral Response: Facilitate the Local Implementation of Senate Bill 1413 and Expedite the Development of Teacher and School Employee Housing 
From: City Manager 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

31.

Annual Report on Landmarks Preservation Commission Actions 
From: Landmarks Preservation Commission 
Contact: Fatema Crane, Commission Secretary, (510) 981-7400

Public Comment – Items Not Listed on the Agenda