City Council Regular Meeting eAgenda May 11, 2021

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.

Adopt an Ordinance Adding Chapter 2.100 to the Berkeley Municipal Code Regulating Police Acquisition and Use of Controlled Equipment (Reviewed by the Public Safety Policy Committee) 
From: Councilmember Harrison (Author), Councilmember Bartlett (Author), Councilmember Taplin (Author), Mayor Arreguin (Co-Sponsor) 
Recommendation: Adopt second reading of Ordinance No. 7,760-N.S. adding Chapter 2.100 to the Berkeley Municipal Code to Regulate Police Acquisition and Use of Controlled Equipment. 
First Reading Vote: All Ayes. 
Financial Implications: Staff time 
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

2.

Amendment: FY 2021 Annual Appropriations Ordinance 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance amending the FY 2021 Annual Appropriations Ordinance No. 7,748-N.S. for fiscal year 2021 based upon recommended re-appropriation of committed FY 2020 funding and other adjustments in the amount of $76,221,382 (gross) and $51,227,368 (net).  
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 May 11, 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 - $1,800,000 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

4.

Contract: The Wright Institute for Mental Health Counseling for Older Adults 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to enter into an expenditure contract and any amendments or extensions thereto with The Wright Institute for the term July 1, 2021 to June 30, 2022 with two additional one (1)-year renewal options, for an expenditure not to exceed $300,000 to fund the cost of providing mental health counseling services to older adults in the Berkeley community.  
Financial Implications: See report 
Contact: Paul Buddenhagen, City Manager’s Office, (510) 981-7000

5.

Contract No. 110062 Amendment: Pacific Site Management for Landscaping Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 110062 with Pacific Site Management for landscaping services adding $146,304 for a total not to exceed amount of $355,822 ending June 30, 2022. 
Financial Implications: Various Funds - $146,304 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

6.

Contract No. 32000240 Amendment: Berkeley Unified School District for Mental Health MHSA-Funded Programs 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32000240 with Berkeley Unified School District (BUSD) to provide Mental Health Services Act (MHSA) funded programs in local schools through June 30, 2021 in an amount not to exceed $637,778. This amendment will add one year to the contract term and $245,000 in funding. 
Financial Implications: Mental Health Services Act Fund - $245,000 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

7.

Contract No. 32000236 Amendment: GoGoGrandparent Technologies for Provision of Transportation Services for Seniors and the Disabled 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32000236 with GoGoGrandparent Technologies to add $55,000 to the original amount for a total not to exceed amount of $90,000 for the period of July 1, 2021 through June 30, 2022 for the provision of a 24/7 call center to arrange rides with Uber and Lyft for customers of Aging Services Division’s Berkeley Rides for Seniors & the Disabled program.  
Financial Implications: Measure BB Direct Local Distribution Fund - $55,000 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

8.

Revenue Grant Agreements: Funding Support from Alameda County to Conduct Public Health Services 
From: City Manager 
Recommendation: Adopt four Resolutions authorizing the City Manager or her designee to submit grant agreements to Alameda County, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following four revenue agreements: 
1. Foster Care Program in the projected amount of $93,187 for FY 2022. 
2. Berkeley High School and Berkeley Technology Academy Health Center Programs in the projected amount of $178,778 for FY 2022. 
3. School Linked Health Services Program (Measure A Funding) in the projected amount of $193,175 for FY 2022. 
4. Tobacco Prevention Program in the projected amount of $76,290 for FY 2022. 
Financial Implications: See report 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

9.

Revenue Grant Agreements: Funding Support from Essential Access Health to Conduct Public Health Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to Essential Access Health, to accept the grant, execute any resultant revenue agreement and amendment, and implement the projects and appropriation of funding for related expenses to conduct public health promotion, protection, and prevention services for the Essential Access Health revenue agreement in the projected amount of $180,000 for April 1, 2021 to March 30, 2022.  
Financial Implications: See report 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

10.

Salary: Accountant II Internal Alignment 
From: City Manager 
Recommendation: Adopt a Resolution amending Resolution No. 68,626 N.S. Classification and Salary Resolution for Service Employees International Union Local 1021 Community Services and Part-Time Recreation Leaders Association, to increase the salary range for Accountant II, 6.8%, to an hourly salary range of $45.6375 - $54.1916 effective March 30, 2021.  
Financial Implications: See report. 
Contact: LaTanya Bellow, Human Resources, (510) 981-6800

11.

Contract: Digital Hands for Cybersecurity Event Monitoring and Security Information and Event Management (SIEM) 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract and subsequent amendments with Digital Hands, for Cybersecurity Event Monitoring and Security Information and Event Management (SIEM) services, increasing the previously authorized contract amount by $209,980 for a revised not to exceed amount of $614,980, and a term from May 14, 2021 to June 30, 2024. 
Financial Implications: Various Funds - $209,980 
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

12.

Mills Act Contract – 1 Orchard Lane 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Gregory LeBlanc for the City Landmark property at 1 Orchard Lane.  
Financial Implications: See report 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

13.

Mills Act Contract – 1581 Le Roy Avenue 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Samuli Seppälä for the City Landmark property at 1581 Le Roy Avenue.  
Financial Implications: See report 
Contact: Jordan Klein, Economic Development, (510) 981-7530

14.

Amending the 1956 Maintenance Agreement with Caltrans and Transfer of Property for I-80 Gilman Interchange Project 
From: City Manager 
Recommendation: Adopt two resolutions authorizing the City Manager to: 
1. Negotiate and execute an amendment to the 1956 Freeway Maintenance Agreement between City of Berkeley and Caltrans to include planned new I-80/Gilman Interchange facilities; and 
2. Transfer two portions of the City’s right of way on Gilman Street to Caltrans under Section 83 of Streets and Highway Code.  
Financial Implications: See report 
Contact: Liam Garland, Public Works, (510) 981-6300

15.

Support of AB 550 – Speed Safety Cameras 
From: Mayor Arreguin (Author), Councilmember Droste (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Robinson (Co-Sponsor) 
Recommendation: Adopt a Resolution in support of AB 550 (Chiu), which would establish guidelines to pilot speed safety programs on dangerous local streets and active state or local work zones, and requesting that Berkeley be included as one of the pilot cities in the bill. Send a copy of the Resolution to Assemblymembers David Chiu and Buffy Wicks, State Senator Nancy Skinner and Governor Gavin Newsom.  
Financial Implications: None 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

16.

Support of AB 43 – Safe Streets and Work Zones Act of 2021 
From: Mayor Arreguin (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor) 
Recommendation: Adopt a Resolution in support of AB 43 (Friedman), which gives local jurisdictions more flexibility in reducing speed limits on streets with a high rate of injuries and fatalities. Send a copy of the Resolution to Assemblymembers Laura Friedman and Buffy Wicks, State Senator Nancy Skinner, and Governor Gavin Newsom.  
Financial Implications: None 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

17.

Support of AB 629 - Seamless and Resilient Transit Act 
From: Mayor Arreguin (Author), Councilmember Kesarwani (Co-Sponsor) 
Recommendation: Adopt a Resolution in support of AB 629 (Chiu), which would require the Metropolitan Transportation Commission to designate transit priority corridors to support fast and reliable transit service and to create a pilot of a multi-operator transit fare pass. Send a copy of the Resolution to Assemblymembers David Chiu and Buffy Wicks, State Senator Nancy Skinner and Governor Gavin Newsom.  
Financial Implications: None. 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

18.

Amending COVID-19 Emergency Response Ordinance Relating to Commercial Leases 
From: Mayor Arreguin (Author) 
Recommendation: Adopt an urgency ordinance amending Berkeley Municipal Code Section 13.110.050 (COVID-19 Emergency Response Ordinance) to exempt from the provisions of the ordinance commercial leases where the lease term has expired and the City has issued a permit for the demolition or substantial alternation of the commercial unit. 
Financial Implications: See report 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

19.

Commit to C40 Race to Zero Campaign 
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor) 
Recommendation: Adopt a Resolution committing the City of Berkeley to the C40 Race to Zero Campaign.  
Financial Implications: See report 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

20.

Proclaiming May 2021 as Mental Health Month 
From: Councilmember Taplin (Author), Mental Health Commission 
Recommendation: Adopt a Resolution proclaiming May 2021 as Mental Health Month in the City of Berkeley.  
Financial Implications: None. 
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120; Jamie Works-Wright, Commission Secretary, (510) 981-5400

21.

Resolution in Support of Green New Deal for Cities Act of 2021 
From: Councilmember Taplin (Author), Councilmember Hahn (Co-Sponsor) 
Recommendation: Adopt a resolution in support of the Green New Deal for Cities, Counties, States, Tribes, and Territories by Reps. Cori Bush (D-MO) and Alexandria Ocasio-Cortez (D-NY), cosponsored by California’s 13th Congressional District Rep. Barbara Lee (D-CA), representing Berkeley.  
Financial Implications: None. 
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

22.

Budget Referral: Traffic Calming of West Berkeley Pedestrian and Cyclist Crossings 
Supplemental material (Supp 2)
From: Councilmember Taplin (Author) 
Recommendation: That the City Council refers to the budget process the funding of traffic calming improvements as follows: Rectangular Rapid Flashing Beacons: Ashby Way and California Street; Sacramento Street and Channing Way; Cedar Street and Ninth Street; Sixth Street and Channing Way. Pedestrian Hybrid Beacons: Sacramento Street and Russell Street; Channing Way and San Pablo Avenue. 
Financial Implications: See report 
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

23.

Support for Roadmap Home 2030 Plan 
Supplemental material #1 (Supp 2)
Supplemental material #2 (Supp 2)
Supplemental material (Supp 3)
From: Councilmember Harrison (Author), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a resolution affirming the importance of a multifaceted approach to addressing the housing crisis by endorsing the Roadmap Home 2030 plan and sending a letter to state lawmakers urging them to adopt the recommendations of the plan.  
Financial Implications: None 
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

24.

Resolution in support of AB 1289, Smart Climate Agriculture Program and AB 558, California School Plant-based Food and Beverage Program 
From: Councilmember Hahn (Author), Councilmember Harrison (Co-Sponsor), Mayor Arreguin (Co-Sponsor) 
Recommendation: Adopt a resolution in support of Assembly Bill 1289, Smart Climate Agriculture Program and Assembly Bill 558, California Plant-based Food and Beverage Program.  
Financial Implications: None 
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

25.

Support for SB-15 
From: Councilmember Wengraf (Author), Councilmember Kesarwani (Co-Sponsor), Councilmember Harrison (Co-Sponsor) 
Recommendation: Send a letter of support for SB 15 (Portantino) Housing development: incentives: rezoning of idle retail sites, to Senators Portantino and Skinner, Assemblymember Wicks and Governor Newsom. SB 15 would incentivize affordable housing creation by providing grants to local governments who rezone idle retail sites to allow for affordable housing development.  
Financial Implications: None 
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

26.

Support for Senator Warren’s Student Loan Debt Relief Act (S.2235) 
From: Councilmember Robinson (Author), Councilmember Hahn (Co-Sponsor), Councilmember Wengraf (Co-Sponsor) 
Recommendation: Refer to the Council to adopt a resolution in support of Senator Elizabeth Warren’s Student Loan Debt Relief Act, which would cancel student loan debt to promote economic growth and reduce wealth gaps.  
Financial Implications: None 
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

27.

Support for AB 1238 and AB 122 
From: Councilmember Robinson (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Droste (Co-Sponsor), Mayor Arreguin (Co-Sponsor)
Recommendation: Send letters to Senator Nancy Skinner, Assemblymember Buffy Wicks, and the bills’ authors in support of AB 1238 and AB 122, which would repeal jaywalking laws and allow bicyclists to treat stop signs as yield signs. 
Financial Implications: None 
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

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.

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.

28.

Published Charges:  Mental Health Clinical Services 
From: City Manager 
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution establishing Published Charges for Mental Health Clinical Services for FY 2021. Published Charges are effective July 1, 2020.  
Financial Implications: See report 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

Action Calendar – New Business

29.

Audit Report: Data Analysis of the City of Berkeley's Police Response 
Presentation
From: Auditor 
Recommendation: We recommend City Council request that the City Manager report back by November 16, 2021, and every six months thereafter, regarding the status of our audit recommendations until reported fully implemented by the Police Department.  
Financial Implications: None 
Contact: Jenny Wong, Auditor, (510) 981-6750

Information Reports

30.

Berkeley Energy Commission Work Plan for 2021-2022 
From: Energy Commission 
Contact: Billi Romain, Commission Secretary, (510) 981-7400

31.

Streets Audit Report Wins National Recognition 
From: Auditor 
Contact: Jenny Wong, Auditor, (510) 981-6750