City Council Regular Meeting eAgenda February 9, 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.

Amendment: FY 2021 Annual Appropriations Ordinance 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,748-N.S. amending the FY 2021 Annual Appropriations Ordinance No. 7,724–N.S. for fiscal year 2021 based upon recommended re-appropriation of committed FY 2020 funding and other adjustments authorized since July 1, 2020, in the amount of $197,890,469 (gross) and $193,471,132 (net). 
First Reading Vote: All Ayes.  
Financial Implications: See report 
Contact: Teresa Berkeley-Simmons, Budget Manager, (510) 981-7000

2.

Amendments to the Berkeley Lobbyist Registration Act; Amending Berkeley Municipal Code Chapter 2.09 
From: Open Government Commission 
Recommendation: Adopt second reading of Ordinance No. 7,749-N.S. amending the Berkeley Lobbyist Registration Act (BMC Chapter 2.09) to incorporate the recommendations of the Open Government Commission (OGC). 
First Reading Vote: All Ayes.  
Financial Implications: None 
Contact: Sam Harvey, Commission Secretary, (510) 981-6950

3.

Extending Time for Temporary Parklets and Sidewalk Seating Post-COVID-19; Amending Berkeley Municipal Code Chapter 16.18 and Section 14.48.150 
From: Councilmember Hahn (Author), Councilmember Harrison (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) 
Recommendation: Adopt second reading of Ordinance No. 7,750-N.S. revising BMC Chapter 16.18 Right-of-Way Encroachments and Encroachment Permits and BMC Section 14.48.150 Sidewalk Seating, Benches, and Planters to extend the period of time that Parklets and Sidewalk Seating established under the COVID-19 declared City emergency can remain in place to 365 days after the termination of the declared City emergency rather than the current 90 days. 
First Reading Vote: All Ayes.  
Financial Implications: See report 
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

4.

Referral Response: Zoning Ordinance Amendments that Reform Residential Off-Street Parking; Amending Berkeley Municipal Code Title 14 and Title 23 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,751-N.S. amending Berkeley Municipal Code (BMC) Title 14 and Title 23 which would:  
1. Modify Minimum Residential Off-street Parking Requirements 
2. Impose Residential Parking Maximums in Transit-rich Areas 
3. Amend the Residential Preferential Parking (RPP) Permit Program  
4. Institute Transportation Demand Management (TDM) Requirements 
First Reading Vote: All Ayes. 
Financial Implications: See report 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

5.

Amend BMC Chapter 14.52 Authorizing goBerkeley Parking Program at All Parking Meters 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,752-N.S. amending Berkeley Municipal Code (BMC) Chapter 14.52 to add all parking meter areas to the goBerkeley parking program, thereby authorizing the use of demand-responsive parking management citywide under the existing goBerkeley fee structure and program guidelines.  
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Robinson, Droste, Arreguin; Noes – None; Abstain – None; Absent – Harrison. 
Financial Implications: See report 
Contact: Liam Garland, Public Works, (510) 981-6300

6.

Resolution Reviewing and Ratifying the Proclamation of Local Emergency Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19) 
From: City Manager 
Recommendation: Adopt a Resolution reviewing the need for continuing the local emergency due to the spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19) and ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services on March 3, 2020, initially ratified by the City Council on March 10, 2020, and subsequently reviewed and ratified by the Council on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020 and December 15, 2020.  
Financial Implications: To be determined 
Contact: Farimah Brown, City Attorney, (510) 981-6950

7.

Donation to the Animal Shelter from the Stephen and Mary Birch Foundation 
From: City Manager 
Recommendation: Adopt a Resolution accepting a donation from the estate of Stephen and Mary Birch in the sum of $10,000.  
Financial Implications: Animal Services Donation Fund - $10,000 (donation) 
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000

8.

Contract No. 081263-1 Amendment: Claremont Behavioral Services for Employee Assistance Program Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 081263-1 with Claremont Behavioral Services (Claremont) in order to provide continued services for the Employee Assistance Program (EAP) by increasing expenditure authority in an amount not to exceed $500,000, for a total contract amount of $1,635,000, through December 31, 2025.  
Financial Implications: Payroll Deduction Trust Fund - $500,000 
Contact: LaTanya Bellow, Human Resources, (510) 981-6800

Council Consent Items

9.

Installation of Banners Marking “Kala Bagai Way”: Relinquishment of Council Office Budget Fund to General Fund and Grant of Such Funds 
From: Mayor Arreguin (Author), Councilmember Droste (Author), Councilmember Hahn (Co-Sponsor), Councilmember Robinson (Co-Sponsor) 
Recommendation: Adopt a resolution approving the expenditure of an amount not to exceed $500 per council member, including $500 from Mayor Arreguin, to the Downtown Berkeley Association with funds relinquished to the City’s general fund for this purpose from the discretionary council office budget of Mayor Arreguin and any other council members who would like to contribute.  
Financial Implications: Mayor's Discretionary Funds - $500 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

10.

Housing Trust Fund Reservation to rehabilitate low income housing in South Berkeley 
From: Mayor Arreguin (Author), Councilmember Bartlett (Author) 
Recommendation: Adopt a resolution reserving $560,000 from the Housing Trust Fund to the South Berkeley Neighborhood Development Corporation for urgently needed housing rehabilitation at two low income housing complexes: Rosewood Manor and Lorin Station Apartments. 
Financial Implications: See report 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

11.

Proclaiming February Black History Month and Authorizing City Manager to Fly the Black Lives Matter Flag 
From: Mayor Arreguin (Author), Councilmember Taplin (Author), Councilmember Bartlett (Author), Councilmember Hahn (Co-Sponsor) 
Recommendation: Adopt a Resolution Proclaiming February as Black History Month and Authorizing the City Manager to fly the Black Lives Matter Flag every year at the Civic Center throughout the month of February. 
Financial Implications: Staff time 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

12.

Support Affirming the Right to Boycott as a Tactic for Social and Political Change (Reviewed by the Agenda & Rules Committee) 
From: Councilmember Davila (Author) 
Recommendation: Adopt a Resolution with the following actions: 1. Support Affirming the Right to Boycott as a Tactic for Social and Political Change, and celebrate the People of Berkeley for their commitment to Peace, Justice and Equity; 2. The City of Berkeley affirms the right of all people to participate in boycotts of any entity when they have conscientious concerns with the entity’s policies or actions; 3. The City of Berkeley condemns attempts by governments to infringe upon the right to peaceful boycotts by criminalizing that participation, denying participants state contracts, or otherwise impeding the freedom of advocacy for all; 4. The City Council encourages City Commissions to recommend boycott policies to the City Council when appropriate, so that the City Council may be well informed in its oversight of City resources 5. Send a copy of this resolution to Governor Gavin Newsom, Attorney General Xavier Becerra, State Assemblymember Buffy Wicks, State Senator Nancy Skinner, United States Senators Bernie Sanders, Kamala Harris, Dianne Feinstein, and United States Congressional Representatives Barbara Lee, Ro Khanna, Alexandria Ocasio-Cortez, Ilhan Omar, Ayanna Pressley, Rashida Harbi Tlaib, and Pramila Jayapal. 
(On January 11, 2021, the Agenda and Rules Committee moved the item to the full Council with a Negative Recommendation and recommend that the Council take no action on the item.)  
Financial Implications: None 
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

13.

Right to Choose Communications Services Provider 
From: Councilmember Droste (Author), Mayor Arreguin (Author), Councilmember Taplin (Author), Councilmember Robinson (Author) 
Recommendation: Refer to the City Manager and City Attorney to explore, and if deemed feasible, draft ordinance language to clarify that property owners of multi-unit properties cannot interfere with tenants’ choice of communications services providers.  
The City of San Francisco has implemented such an ordinance, which has since been challenged. This recommendation requests the City Attorney to review the San Francisco law and Federal Communications Commission rulings pertaining to this topic to determine if Berkeley could effectively adopt a similar ordinance.  
Financial Implications: See report 
Contact: Lori Droste, Councilmember, District 8, (510) 981-7180

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.

14.

Second Substantial Amendments to 1) the 2020-2025 Consolidated Plan including the PY20 (FY21) Annual Action Plan in Response to the Addition of Coronavirus Aid, Relief, and Economic Security (CARES) Act Funds, and 2) the PY19 (FY20) Annual Action Plan 
Presentation
From: City Manager 
Recommendation: Conduct a Public Hearing on: 1. The proposed Substantial Amendment to the 2020-2025 Consolidated Plan including the PY20 (FY21) Annual Action Plan in response to the addition of Coronavirus Aid, Relief, and Economic Security (CARES) Act funds; and 2. A proposed substantial amendment to the PY19 (FY20) Annual Action Plan; 
And upon conclusion adopt a Resolution authorizing the City Manager, or her designee, to: 
A. Accept CARES Act Community Development Block Grant-CV3 funding totaling $891,121 and allocate the full amount allowable under the HUD waiver to public services ($712,897), and up to 20% to Planning and Administration ($178,224); 
B. Allocate all CDBG-CV3 public services funding ($712,897) to support the Berkeley Housing Retention program; 
C. Reallocate up to  $1.2M of CDBG-CV1 funds previously allocated to COVID-19 Testing to support the Berkeley Housing Retention Program, leaving up to $200,000 in CDBG-CV1 funding available for COVID-19 testing or vaccinations if needed; 
D. Execute resultant agreements and amendments with the Eviction Defense Center for the COVID-19 Housing Retention Program, using $1,801,541 in CDBG-CV1 & 3, plus any unused CDBG-CV1 funds allocated to the Targeted Equity Testing program (up to $200,000) for a total possible not-to-exceed contract amount of $2,001,541; 
E. Allocate up to 25% of the PY20 HOME allocation for program administration, up to 10% of the PY20 HOME funds for Community Housing Development Organization (CHDO) operating funds, and the remaining funds to the Housing Trust Fund; 
F. Reallocate $535,633 in PY20 CDBG Housing Services funds, $1,049,370 PY19 CDBG Community Facility Improvement funds, and $378,230 in available uncommitted funds to the South Berkeley Neighborhood Development Corporation for housing rehabilitation at Rosewood Manor and Lorin Station Apartments and execute resultant agreements, as contained in Exhibits A and B; 
G. Update the PY20 CDBG and HOME entitlement allocations to reflect the revised HUD PY20 entitlement awards; and 
H. Submit the approved Second Substantial Amendments to the 2020-2025 Consolidated Plan/PY20 Annual Action Plan and the PY19 Annual Action Plan, including public comments, to the U.S. Department of Housing and Urban Development (HUD), and accept any resulting agreements with HUD.  
Financial Implications: See report 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

15.

Referral Response: Amendments to the Home Occupations Ordinance; Amending BMC Sub-Titles 23C, 23D, 23E, and 23F (Continued from December 15, 2020. Item contains revised material.) 
Supplemental material (Supp 2)
Presentation
From: City Manager 
Recommendation: Conduct a public hearing and, upon conclusion, adopt the first reading of an Ordinance amending the Zoning Ordinance to streamline the permitting process for Home Occupations and amending Berkeley Municipal Code Chapter 23C.16 Home Occupations, Chapter 23E.84 MU-R Mixed Use-Residential District Provisions, Chapter 23F.04 Definitions, and Use Tables in Applicable Zoning Districts.  
Financial Implications: See report 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Action Calendar – Old Business

16.

Vote of No Confidence in the Police Chief (Continued from November 10, 2020) 
From: Councilmember Davila (Author) 
Recommendation: Adopt a resolution taking a Vote of No Confidence in the Police Chief.  
Financial Implications: See report 
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

Information Reports

17.

LPO NOD: 1 Orchard Lane/#LMIN2020-0006 
From: City Manager 
Contact: Jordan Klein, Planning and Development, (510) 981-7400