City Council Regular Meeting eAgenda September 28, 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.

Contract No. 32100192 Amendment: California Constructores for Construction of Pedestrian Improvements at California Street/Dwight Way Intersection 
From: City Manager 
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 32100192 with California Constructores for work on the Fiscal Year 2020 Sidewalk Repairs Project, Specification No. 20-11409-C, to perform safety-related pedestrian improvements at the California Street/Dwight Way intersection, increasing the current contract amount by up to $175,900, for a total amount not to exceed $2,175,900.  
Financial Implications: General Fund - $175,900 
Contact: Liam Garland, Public Works, (510) 981-6300

Consent Calendar

2.

Amendments to Berkeley Municipal Code Section 19.44.020 (Housing Advisory Commission) 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,782–N.S. amending Berkeley Municipal Code Chapter 19.44.020 to include oversight of Measure O bond-funded housing initiatives as established by Resolution No. 68,703-N.S. and future voter-approved bonds and measures dedicated to affordable housing. 
First Reading Vote: All Ayes. 
Financial Implications: See report 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

3.

Transfer of Two Property Parcels to the State of California for the Ashby-San Pablo Intersection Improvements Project 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,783-N.S. authorizing the City Manager to execute the attached Grant Deed for Parcel No. 63719 and Quitclaim Deed for easement on Parcel No. 63720-1 with the State of California, Department of Transportation (“Caltrans”) and any associated documents as necessary for the transfer of the property interests in these two parcels of property to Caltrans, for the Ashby-San Pablo Intersection Improvements Project (“Project”), Specification No. 18-11182-C.  
First Reading Vote: All Ayes. 
Financial Implications: See report 
Contact: Liam Garland, Public Works, (510) 981-6300

4.

Contract No. 9712A Amendment: QuickCaption, Inc. for Real-Time Closed Captioning Stenography Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 9712A with QuickCaption, Inc. for the provision of real-time closed captioning stenography services, including captioning virtual meetings, at all work sessions, regular and special meetings of the City Council and Successor Agency to the former Redevelopment Agency, increasing the contract by $120,000 for a total not to exceed amount of $321,900.  
Financial Implications: General Fund - $120,000 
Contact: Mark Numainville, City Clerk, (510) 981-6900

5.

Grant from the William and Flora Hewlett Foundation 
From: City Manager 
Recommendation: Adopt a Resolution accepting a $10,525 grant from the William and Flora Hewlett Foundation, which augments a prior grant of $20,000 awarded and accepted in 2019 for an assessment of arts space affordability challenges, displacement risks and possible strategies to protect affordable spaces for arts organizations, artists and cultural workers in Berkeley.  
Financial Implications: $10,525 (Grant) 
Contact: Dave White, City Manager's Office, (510) 981-7000

6.

Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 28, 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 - $6,675,000 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

7.

Contract: Genasys for Citywide Outdoor Warning System 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Genasys, Inc. for consulting, planning, construction, installation, software hosting, and implementation of a Citywide Outdoor Warning System (OWS), for a total amount not to exceed $1,974,457.  
Financial Implications: Measure FF - $1,974,457 
Contact: Abe Roman, Fire, (510) 981-3473

8.

Grant Application: Funding from FEMA’s Assistance to Firefighters Grant to Support a Regional Fire Service Leadership Development Academy  
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant Program in the amount of $168,272 to fund a Regional Fire Service Leadership Development Academy (LDA), and to accept grant funds and execute resulting grant agreements. 
Financial Implications: See report 
Contact: Abe Roman, Fire, (510) 981-3473

9.

Contract No. 31900132 Amendment: Building Opportunities for Self-Sufficiency for Representative Payee Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract amendment with vendor Building Opportunities for Self-Sufficiency (BOSS) to provide Representative Payee services.  The amendment will add $100,000 to the current contract and extend it through June 30, 2022 for a total contract not to exceed amount of $300,000.  
Financial Implications: Mental Health Service Act Fund - $100,000 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

10.

Contract: Berkeley Free Clinic for Laboratory Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments or extensions with the Berkeley Free Clinic (BFC) for laboratory services, in an amount not to exceed $150,000 for the period July 1, 2021 through June 30, 2024.  
Financial Implications: General Fund - $150,000 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

11.

Memorandum of Understanding with Alameda County Behavioral Health Care Services for Wellness Center Operations 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to adopt a Memorandum of Understanding between the City of Berkeley and Alameda County Behavioral Health Care Services for the term July 1, 2021 through June 30, 2023 for an expenditure of up to $491,933 to fund the operational costs of a Mental Health Wellness Center located in Berkeley.  
Financial Implications: Mental Health Service Act Fund - $491,933 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

12.

Donation: Memorial Bench at Cesar Chavez Park in Memory of Nancy Park 
From: City Manager 
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Cesar Chavez Park in memory of Nancy Park.  
Financial Implications: $3,400 (donation) 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

13.

Donation: Memorial Bench at Greg Brown Park in memory of Michael, Anna, and John Wyman 
From: City Manager 
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Greg Brown Park in memory of Michael, Anna, and John Wyman.  
Financial Implications: $3,400 (donation) 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

14.

Donation: Memorial Bench at the Jane Hammond Softball Field at Corodonices Park in memory of Dixie Lewis 
From: City Manager 
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Jane Hammond Softball Field at Codornices Park in memory of Dixie Lewis.  
Financial Implications: $3,400 (donation) 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

15.

Donation: Memorial Bench at Shorebird Park at the Berkeley Marina in Memory of Shay M. Finnegan 
From: City Manager 
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Shorebird Park in memory of Shay M. Finnegan.  
Financial Implications: $3,400 (donation) 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

16.

Exclusive Negotiating Agreement with Innovation Properties Group for 199 Seawall Drive 
Revised material (Supp 3)
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an Exclusive Negotiating Agreement with Innovation Properties Group to develop a pre-development agreement that could lead to a long-term lease of City property at 199 Seawall Drive and a short-term license for a portion of the adjacent parking lot.  
Financial Implications: None 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

17.

Contract No. 10508 Amendment: Ben Noble, City and Regional Planning for Zoning Ordinance Revision Project (ZORP) 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 10508 with Ben Noble, City and Regional Planning, to develop objective standards in the Zoning Ordinance as ZORP Phase 2, increasing the contract amount by $125,000 to a new total not-to-exceed contract amount of $425,000, and extending the contract period to December 31, 2023.  
Financial Implications: General Fund - $125,000 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

18.

Lease Agreement with Motorola Solutions for Public Safety Radios 
Supplemental material (Supp 3)
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to enter into an initial seven-year lease and any future amendments with seven annual payments estimated at $920,000 and not to exceed $6.5 million dollars total for public safety radios with Motorola Solutions. 
Financial Implications: See report 
Contact: Jennifer Louis, Police, (510) 981-5900, Abe Roman, Fire, (510) 981-3473

19.

Purchase Orders: Bruce’s Tire, Inc. for New Automobile and Truck Tires 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute yearly purchase orders for new tires for City owned vehicles and equipment with Bruce’s Tire, Inc. in an amount not to exceed $2,900,000 for FY 2022 through FY 2026.  
Financial Implications: Equipment Maintenance Fund - $2,900,000 
Contact: Liam Garland, Public Works, (510) 981-6300

20.

Extending the Requirements for Telestaff Time Reporting 
From: Disaster and Fire Safety Commission 
Recommendation: The Disaster and Fire Safety Commission (DFSC) recommends that the Berkeley Fire Department require that all overtime recorded for Fire Suppression be coded properly in the Telestaff application to show the reason for the overtime. Further, to assist determining what overtime is eligible to be charged to Measure GG as “Minimum Staffing” that overtime must be properly coded as supporting minimum staffing.  (Currently, this would be code 00FS10 and 00FS11). This would not affect charges for Measure GG approved time or overtime.  In addition, we recommend that in any future reports to the DFSC on Measure GG budget that the report include a breakdown of the time by labor purpose of both regular and overtime.  
Financial Implications: See report 
Contact: Keith May, Commission Secretary, (510) 981-3473

21.

Appointment of Tommy Escarcega to Mental Health Commission 
From: Mental Health Commission 
Recommendation: Adopt a Resolution appointing: Tommy Escarcega as a representative of the Special Public Interest, Consumer Category, to complete her first 3-year term beginning September 29, 2021 and ending September 28, 2024.  
Financial Implications: None 
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400

22.

Referral to Strengthen Public Health and Environmental Impact Mitigation for Industrial Facilities in the Manufacturing Zone 
Revised material (Supp 2)
From: Councilmember Kesarwani (Author), Councilmember Taplin (Co-Sponsor), Councilmember Droste (Co-Sponsor), Councilmember Wengraf (Co-Sponsor) 
Recommendation: Refer to the City Manager to: Establish a procedure for enhanced review of use permits in the manufacturing zone for industrial facilities—upon initial submission or upon submission of an amended use permit—in order to ensure public health and environmental impacts are appropriately mitigated as a condition of the use permit. Further, if appropriate, consider mitigation that includes the use-permit applicant contracting with a certified third-party to install air quality monitoring device(s) that can enable periodic reporting on pollutants relevant to the particular industrial process proposed in the initial or amended use permit. Explore feasibility of increasing penalty fee schedule as a deterrence for use-permit violations related to public health and environmental impacts, such as air, noise, and water pollution.  
Financial Implications: Staff time 
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110

23.

Amending BMC Section 14.56.070 for 3-Ton Commercial Truck Weight Limit on Berkeley’s Bicycle Boulevards and on At-Risk West Berkeley Residential Streets 
Supplemental material (Supp 2)
Supplemental material (Supp 3)
From: Councilmember Taplin (Author), Councilmember Kesarwani (Co-Sponsor), Councilmember Wengraf (Co-Sponsor) 
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: 
1. Ninth Street between Dwight Way and Heinz Avenue 
2. Addison Street between San Pablo Avenue and Sixth Street; 
3. Allston Way between San Pablo Avenue and Sixth Street; 
4. Bancroft Way between San Pablo Avenue and Sixth Street;  
5. Channing Way between San Pablo Avenue and Fourth Street; 
6. Dwight Way between San Pablo Avenue and Sixth Street; 
7. Camelia Street between Eighth Street and Ninth Street; 
8. Eighth Street between Jackson Street and Camelia Street; 
9. Ninth Street between Camelia Street and Cedar Street; 
10. Virginia Street between Sacramento Street and Martin Luther King Jr. Way; 
11. Virginia Street between Shattuck Avenue and Euclid Avenue; 
12. Channing Way between Martin Luther King Jr. Way and Piedmont Avenue; 
13. Heinz Avenue between Ninth Street and San Pablo Avenue; 
14. Russell Street between San Pablo Avenue and Shattuck Avenue; 
15. Russell Street between Telegraph Avenue and Claremont Avenue; 
16. California Street between Hopkins Street and University Avenue; 
17. California Street between Dwight Way and Russell Street; 
18. King Street between Russell Street and Stanford Avenue; 
19. Milvia Street from Dwight Way to Russell Street; 
20. Bowditch Street from Bancroft Way to Dwight Way; 
21. Hillegass Avenue from Dwight Way to Woolsey Street  
Financial Implications: See report 
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

24.

Resolution in Support of Afghan Refugees 
From: Councilmember Taplin (Author), Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor) 
Recommendation: Adopt a Resolution in support of refugees from Afghanistan.  
Financial Implications: None 
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

25.

  Accessible Recreation Center for Ashby BART East Parking Lot (Item contains revised materials) 
From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Harrison (Co-Sponsor) 
Recommendation: Refer to the City Manager to explore the feasibility of incorporating an accessible recreation center as part of the development of the Ashby BART East Parking Lot. 
Financial Implications: See report 
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

26.

Adopt a Resolution Renewing and Re-Affirming Wildfire Prevention and Safety 
Revised material (Supp 1)
From: Councilmember Wengraf (Author), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor) 
Recommendation: Request that the Berkeley City Council adopt a resolution re-affirming that wildfire prevention and safety is a top priority in the City of Berkeley.  
Financial Implications: None 
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

27.

Amending BMC Section 14.56.040 to Reduce the Commercial Weight Limit on Marin Ave 
From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Droste (Co-Sponsor) 
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 14.56.040 to reduce the commercial vehicle weight limit from four tons gross weight to three tons gross weight on Marin Avenue between Grizzly Peak Boulevard and The Marin Fountain Circle.  
Financial Implications: See report 
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

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.

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.

ZAB Appeal: 2943 Pine Avenue, Use Permit #ZP2020-0107 
Presentation
From: City Manager 
Recommendation: Conduct a public hearing, and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit #ZP2020-0107 to construct a 729 square-foot, second-story addition to an existing one-story 1,822 square-foot single-family dwelling, with an average height of 23 feet 1 inch, add a fifth bedroom, and legalize an existing 10-foot fence at the rear and left side, on a lot that is existing non-conforming for lot coverage, and dismiss the appeal.  
Financial Implications: None 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

29.

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 (Continued from July 13, 2021) 
Supplemental material (Supp 1)
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

30.

Adopt a Resolution and Ordinance for a Shared Electric Micromobility Permit Program 
From: City Manager 
Recommendation: Conduct a public hearing and upon its conclusion:  
1. Adopt a Resolution approving a Shared Electric Micromobility Permit Program, establishing fees for the program, and designating the City Manager as custodian of the program; and  
2. Adopt the first reading of an Ordinance adding Berkeley Municipal Code Chapter 14.63 and amending Chapter 14.68 to establish the Shared Electric Micromobility Permit Program and related parking regulations.  
Financial Implications: See report 
Contact: Liam Garland, Public Works, (510) 981-6300

31.

Approval of Interim Regulations for the Police Accountability Board and Office of the Director of Police Accountability for Handling Complaints Against Sworn Officers of the Police Department 
Revised material (Supp 2)
From: Police Accountability Board and Director of Police Accountability 
Recommendation: Approve Interim Regulations to be used by the Police Accountability Board and Director of Police Accountability for Handling Complaints Against Sworn Officers of the Police Department under City Charter Article XVIII, Section 125 (Measure II). The City Council is asked to choose between the Board’s modified proposal, conditioned upon City Attorney approval, or the Interim Director’s preferred version.  
Financial Implications: None 
Contact: Katherine Lee, Interim Director of Police Accountability, (510) 981-4950

32.

Adoption of the Baseline Zoning Ordinance (BZO) (Continued from September 14, 2021) (Item contains supplemental material) 
Supplemental material (Supp 1)
Supplemental material (Supp 2)
From: City Manager 
Recommendation: Conduct a public hearing and, upon conclusion, adopt the first reading of an Ordinance rescinding the current Berkeley Municipal Code (BMC) Title 23 and adopting the new Baseline Zoning Ordinance (BZO) as BMC Title 23 with an effective date of December 1, 2021.  
Financial Implications: See report 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

33.

Objective Standards Recommendations for Density, Design and Shadows 
From: Joint Subcommittee for the Implementation of State Housing Laws (Continued from September 14, 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

Information Reports

34.

Sanctuary City Contracting Compliance Report for FY 2020 
From: City Manager 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

35.

Financial First Aid Kit: A Guide to Emergency Financial Preparedness for Berkeley Residents 
From: Auditor 
Contact: Jenny Wong, Auditor, (510) 981-6750