City Council Regular Meeting eAgenda November 16, 2021

REVISED AGENDA

(ADDED CONTINUED ITEM FROM NOVEMBER 9, 2021) 

BERKELEY CITY COUNCIL MEETING  

Tuesday, November 16, 2021  

6:00 P.M. 

  Jesse Arreguin, Mayor 

Councilmembers: 

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

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 audio is available on KPFB Radio 89.3. Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx.

 To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device:  Please use this URL https://us02web.zoom.us/j/86284941257. 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: 862 8494 1257. 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. The City Manager provided an update on the recruitment for the Police Chief and an update on the Homeless Response Team.
Presentation

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.

Consent Calendar

1.

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.   Financial Implications: To be determined  Contact: Farimah Brown, City Attorney, (510) 981-6950

 

2.

Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 16, 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: $15,120,000  Contact: Henry Oyekanmi, Finance, (510) 981-7300

 

3.

Authorizing Acceptance of California Department of Public Health California Equitable Recovery Initiative Grant Award  From: City Manager  Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit grant agreements to California Department of Public Health (CDPH) to accept an award of California Equitable Recovery Initiative (CERI) grant funds, and to execute any resultant revenue agreements and amendments in order to support health equity efforts in response to the COVID19 pandemic.   Financial Implications: See report  Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

 

4.

ONTRACK Program Resources Inc. - Support Services for African American Community Members  From: City Manager  Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with ONTRACK Program Resources Inc., funded through State of California Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) dollars, for support services for African American community members, for an initial contract not to exceed $75,000 through June 30, 2022.   Financial Implications: See report  Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

 

5.

Salary Adjustment to Market Median for Department Heads  From: City Manager  Recommendation: Adopt a Resolution to amend Resolution No. 69,998-N.S. (Classification and Salary Resolution for classifications in Representation Unit Z-1 Confidential and Executive Management Employees) to increase the salary of the department heads of Finance ($19,332 to $21,133), Human Resources ($19,332 to $20,179), Information Technology ($19,332 to $21,451), Parks, Recreation and Waterfront ($20,152 to $20,987), Planning ($19,332 to $19,634), Public Works ($20,152 to $21,432), and Fire Chief ($20,439 to $21,626) be increased per month effective November 14, 2021, to bring their salaries in line with the median of the salaries of City/County department heads in comparable jurisdictions in the Bay Area.   Financial Implications: See report  Contact: Donald E. Ellison, Human Resources, (510) 981-6800

 

6.

Commission Reorganization:  Creating the Parks, Recreation, and Waterfront Commission  From: City Manager  Recommendation: Adopt an Ordinance repealing and re-enacting Berkeley Municipal Code Chapter 3.26 to create the Parks, Recreation, and Waterfront Commission, and repealing Berkeley Municipal Code Chapters 3.27 (Children, Youth, and Recreation Commission) and 3.08 (Berkeley Animal Care Commission).   Financial Implications: See report  Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

 

7.

Amendment to the Agreement for Maintenance of State Highways in the City between the California Department of Transportation and City of Berkeley  From: City Manager  Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the Agreement with the California Department of Transportation (Caltrans) for maintenance of the State highways within the City of Berkeley. The amendment will address two new traffic signals; 1) the new traffic signal at the intersection of San Pablo Avenue and Parker Street which will be constructed by Kaiser Permanente as part of their project’s mitigation measure, and 2) the new traffic signal constructed by Caltrans at the intersection of San Pablo Avenue and Bancroft Way.   Financial Implications: See report  Contact: Liam Garland, Public Works, (510) 981-6300

 

8.

Vision 2050: A Year of Progress to Creating Sustainable and Resilient Infrastructure for Berkeley  From: City Manager  Recommendation: Accept the progress report on the 1-year anniversary of the Council’s adoption of the Vision 2050 framework report.   Financial Implications: See report  Contact: Liam Garland, Public Works, (510) 981-6300

9.

Contract No. 31900031 Amendment: Downtown Streets Team  From: City Manager  Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 31900031 with Downtown Streets Team to add additional scope to address enhanced needs for services around encampments and neighborhoods, and increase the contract by $355,000 for a new not to exceed amount of $1,275,304, through June 30, 2022.   Financial Implications: See report  Contact: Liam Garland, Public Works, (510) 981-6300

 

10.

Purchase Order: Atlantic Machinery, Inc. for One Ravo Sweeper  From: City Manager  Recommendation: Adopt a Resolution satisfying the requirements of City Charter Article XI Section 67.2 allowing the City to participate in Sourcewell contract bid procedures and authorizing the City Manager to execute a purchase order with Atlantic Machinery, Inc. for one (1) Ravo Sweeper in an amount not to exceed $285,000.   Financial Implications: See report  Contact: Liam Garland, Public Works, (510) 981-6300

 

11.

Filling Vacancies Among the Elected Representatives of the Poor  From: Human Welfare and Community Action Commission  Recommendation: Adopt a Resolution confirming the appointments of Mr. George Lippman (District 3) as elected representatives of the poor on the Human Welfare and Community Action Commission (HWCAC), having been voted at the HWCAC July 21, 2021 meeting, and that his term expire November 28, 2022.   Financial Implications: None  Contact: Mary-Claire Katz, Commission Secretary, (510) 981-5400

Council Consent Items

12.  Salary Adjustment for City Manager
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution to amend Resolution No. 69,998-N.S. (Classification and Salary Resolution for classifications in Representation Unit Z-1 Confidential and Executive Management Employees) to increase the salary of the City Manager from $25,119 per month to $32,180 per month effective November 14, 2021 to bring her salary in line with the median of the salaries of City/County Managers and Administrators in comparable jurisdictions in the Bay Area.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

Action Calendar - Continued Business

A. Proposal to Allocate Revenues Generated by the Transient Occupancy Tax in the Waterfront Area to the Marina Fund to Avoid Insolvency, Rebuild its Fund Balance and to Stabilize its Finances (Continued from November 9, 2021) 
From: Parks and Waterfront Commission 
Recommendation: That Council adopt a Resolution adopting a policy that all Transient Occupancy Taxes (TOT hotel tax) generated at the Berkeley Waterfront be allocated to the City’s Marina Enterprise Fund. All other property, sales, utility users, and parking taxes; as well as business license and franchise fees, would continue to be allocated to the City’s General Fund. 
Policy Committee Recommendation: Send the item to Council with a negative recommendation and additionally request a referral to the Budget & Finance Policy Committee to discuss and develop alternative revenue streams for the Marina Fund including a dedicated reserve.  
Financial Implications: See report 
Contact: Roger Miller, Commission Secretary, (510) 981-6700

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.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33),
via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx and KPFB Radio 89.3.
Archived indexed video streams are available at http://www.cityofberkeley.info/citycouncil.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be posted on the City's website at http://www.cityofberkeley.info.

Agendas and agenda reports may be accessed via the Internet at http://www.cityofberkeley.info/citycouncil
 

COMMUNICATION ACCESS INFORMATION:

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (510) 981-6418 (V) or (510) 981-6347 (TDD) at least three business days before the meeting date.

Captioning services are provided at the meeting, on B-TV, and on the Internet.

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on November 4, 2021.

Mark Numainville, City Clerk

Communications – November 16, 2021

Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing through Records Online.

Vision Zero

1. 26 similarly-worded form letters

 

Automated License Plate Readers (ALPR)

2. 5 similarly-worded form letters
3. Elliot Halpern

 

Accessory Dwelling Unit

4. Jill Bond
5. Nancy Kates
6. Gene Meyers
7. Carla and Dolph Rempp
8. Sara Cox
9. Rocky Offner
10. Tom Hutcheson
11. Linda Polsby
12. Kenneth Yip
13. Pranab Bardhan
14. Cameron Woo
15. Russ Mitchell

 

BART Housing

16. 13 similarly-worded form letters
17. North Berkeley Neighborhood Alliance (2)
18. Paul Bickmore
19. Jeffrey Wescott
20. Gary Miguel
21. David Soffa
22. Teresa Clarke (2)

 

Building Electrification

23. Daniel Tahara
24. Igor Tregub, on behalf of Sierra Club

 

Bayer Development Agreement

25. Jennifer Lovvorn, secretary of the Civic Arts Commission
26. Kathryn Reasoner
27. Kim Anno

 

Berkeley Asphalt Company

28. Christopher Kroll (2)
29. Councilmember Kesarwani
30. Pear Michaels
31. Meryl Siegal

 

Plastic Bag Ordinance

32. Dexter Griffin

 

Vandalism in the Downtown Business District

33. Susie Kooyman

 

Fossil-Fuel Non-Proliferation Treaty

34. Martin Bourque, on behalf of the Ecology Center

 

Access to Drinking Water

35. David Lerman

 

Hope Center and Berkeley Way Apartments

36. John Parman

 

Violation of First Amendment

37. Nilang Gor

 

Intent to File Restraining Order

38. Mellissa Cheatwood

 

EV Charging

39. Tom Lent
40. Councilmember Harrison

 

Homeless Altercations with Business’

41. Haakon Thallaug, on behalf of Viking Trader

 

Downtown Berkeley Ambassadors

42. John Caner, CEO, Downtown Berkeley Association

 

Nevada Cares Campus Briefing

43. John Caner, CEO, Downtown Berkeley Association

 

Hazardous State of Berkeley Streets and Sidewalks

44. Sabina McMurtry

 

Surging Gun Violence in America

45. Paul Kealoha Blake

 

Climate News

46. Thomas Lord

 

Violation of Sanctuary Contracting Ordinance

47. Elana Auerbach

 

Grizzly Peak Traffic Speed

48. Joshua Bloom

 

Hopkins Street Proposals

49. Elsa Tranter

 

URL’s Only

50. Vivian Warkentin

 

Supplemental Communications and Reports

Items received by the deadlines for submission will be compiled and distributed as follows.  If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

• Supplemental Communications and Reports 1

Available by 5:00 p.m. five days prior to the meeting.

• Supplemental Communications and Reports 2

Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3

      Available by 5:00 p.m. two days following the meeting.