City Council Special Meeting eAgenda June 1, 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.

Waiver of Sanctuary City Ordinance for Westlaw Contract 
From: City Manager 
Recommendation: Adopt a Resolution waiving the contract prohibition of Berkeley Municipal Code Chapter 13.105, Sanctuary City Contracting, in order to enter into a contract with Westlaw.  
Financial Implications: None 
Contact: Farimah Brown, City Attorney, (510) 981-6950 

2.

Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 1, 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 - $2,270,000 
Contact: Henry Oyekanmi, Finance, (510) 981-7300 

3.

Notice of Appropriations Limit for Fiscal Year 2022 
From: City Manager 
Recommendation: Adopt a Resolution providing notice that: 1) Council will adopt an appropriations limit for Fiscal Year 2022 at its meeting of June 29, 2021; and 2) the amount of the limit and the background material used in its calculation will be available for public review in the City Clerk’s Office on or before June 14, 2021.  
Financial Implications: See report 
Contact: Henry Oyekanmi, Finance, (510) 981-7300 

4.

Contract No. 32000228 Amendment: Ghilotti Construction Company, Inc. for Berkeley Rose Garden Pergola Reconstruction and Site Improvements Project 
Revised material (Supp 1)
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000228 with Ghilotti Construction, Inc. for the Berkeley Rose Garden Pergola Reconstruction and Site Improvements Project, increasing the amount by $225,000 for an amended total amount not to exceed $3,716,917.  
Financial Implications: Various Funds - $225,000 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 

5.

Multi-Agency Policing Agreement for Grizzly Peak Boulevard 
From: City Manager 
Recommendation: Adopt a Resolution approving the Memorandum of Understanding (MOU) entitled "Multi-Agency Policing Agreement Among City of Oakland Police Department, Berkeley University of California Police Department, East Bay Regional Park District, City of Berkeley Police Department, Contra Costa County Sherriff's Department, East Bay Municipal Utilities District, and City of Orinda" to provide for enforcement cooperation regarding problematic behavior and fire prevention on Grizzly Peak Boulevard.  
Financial Implications: See report 
Contact: Jennifer Louis, Police, (510) 981-5900 

6.

Referral Response: Amending Chapter 19.34 of the Berkeley Municipal Code to Expand Automatic Gas Shut-Off Valve Requirements in Multifamily, Condominium and Commercial Buildings Undergoing Renovations 
From: Disaster and Fire Safety Commission 
Recommendation: The proposed ordinance modifications in the referral dated October 29, 2019, shown in Attachment 2 to the staff report (the Referral), can be briefly summarized as:  
• Expand the Gas Shut-Off Valve requirements to remove exceptions for multi-family, condominium, and commercial buildings 
The Disaster and Fire Safety Commission (DFSC) recommends that changes of the Berkeley Municipal Code be referred to the City Manager and Planning Department to be modified in accordance with the Referral as part of the 2022 Code adoption cycle, including the following changes: 
1. Do not allow excess flow valves to substitute for motion-activated shut-off valves as a way to comply with this ordinance.  
2. Clarify requirements for excess flow valves and motion activated (seismic) valves.
3. Include a provision to include gas valves for common areas when required for any individual unit of a building. 
4. Do not include any requirements regarding sale or transfer of the building. 
5. Remove the dollar limit on the modifications and replace with a requirement to comply any time a plumbing or mechanical permit is issued. 
In addition, the Commission recommends the inclusion of wording in the Berkeley Emissions Saving Ordinance (BESO) to require that in any transfer of property, that the property be required to equipped with a seismic gas shutoff valve.  Financial Implications: See report 
Contact: Keith May, Commission Secretary, (510) 981-3473 

7.

Oppose – Assembly Bill 1139, Net Energy Metering 
From: Mayor Arreguin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Wengraf (Co-Sponsor) 
Recommendation: Adopt a Resolution in opposition to AB 1139 (Gonzalez): Net energy metering. Send a copy of the Resolution to Senator Skinner, Assemblymembers Wicks and Gonzalez, and Governor Newsom.  
Financial Implications: Staff time 
Contact: Jesse Arreguin, Mayor, (510) 981-7100 

8.

Referral to the Fiscal Year 2022 Budget Process: Continuing Anti-Displacement Programs 
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Harrison (Co-Sponsor)
Recommendation: Refer to $900,000 to the FY 2022 Budget Process for continued funding of the following anti-displacement programs (launched in 2017) with the proposed funding source from General Fund tax receipts from the Measure U1 gross receipts tax: 1) Housing Retention Program (administered by the Eviction Defense Center EDC): $250,000 2) Legal Counseling, Services and Problem Solving for Extremely-Low, Very-Low, Low and Moderate Income Tenants ($275,000 each to the East Bay Community Law Center and EDC):  $550,000 3) Flexible Housing Subsidies for Homelessness Prevention: $100,000  
Financial Implications: See report 
Contact: Jesse Arreguin, Mayor, (510) 981-7100 

9.

Referral to the Fiscal Year 2022 Budget Process: Landlord Incentives for Section 8 Participation 
From: Mayor Arreguin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor), Councilmember Taplin (Co-Sponsor) 
Recommendation: Refer to the Fiscal Year 2022 Budget Process, $100,000 of General Fund revenues to replenish and augment funding for the Section 8 Landlord Incentive Program currently offered by the Berkeley Housing Authority.  
Financial Implications: General Fund - $100,000 
Contact: Jesse Arreguin, Mayor, (510) 981-7100 

10.

Support – Senate Bill 617, the Solar Access Act 
From: Mayor Arreguin (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Taplin (Co-Sponsor) 
Recommendation: Adopt a Resolution in support of SB 617 (Wiener): Residential solar energy systems: permitting. Send a copy of the Resolution to Senators Wiener and Skinner, Assemblymember Wicks, and Governor Newsom.  
Financial Implications: Staff time 
Contact: Jesse Arreguin, Mayor, (510) 981-7100 

11.

Berkeley Housing Authority Board of Commissioners Re-Appointments 
From: Mayor Arreguin (Author) 
Recommendation: Adopt a Resolution re-appointing Dan Rossi, Christine Schildt, and Adolph Moody to the Berkeley Housing Authority Board of Commissioners.  
Financial Implications: None 
Contact: Jesse Arreguin, Mayor, (510) 981-7100 

12.

Budget Referral: $200,000 to the Bay Area Community Land Trust for Capacity Building to Support the Small Sites Program
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor) 
Recommendation: Refer to the Fiscal Year 2022 Budget process an allocation of $200,000 to the Bay Area Community Land Trust (BACLT) for capacity building for the purpose of adding staffing to complete small property purchases for conversion from rental to deed restricted affordable housing or limited-equity cooperatives. Funds would be appropriated from Measure U-1 tax receipts with $165,000 designated for staff capacity building and $40,000 for a consultant to engage in strategic planning and project management. 
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100 

13.

Budget Referral: Phase 2 of Civic Center District Visioning
Part 1
Part 2
Part 3
Part 4
From: Mayor Arreguin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Wengraf (Co-Sponsor), Councilmember Hahn (Co-Sponsor) 
Recommendation: Refer to the Fiscal Year 2022 Budget process $200,000 in General Fund revenues for Phase 2 of planning for the Civic Center Visioning Project.
Financial Implications: General Fund - $200,000 
Contact: Jesse Arreguin, Mayor, (510) 981-7100 

14.

Berkeley Rep’s OVATION: Imagine Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds 
From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor), Councilmember Wengraf (Co-Sponsor), Mayor Arreguin (Co-Sponsor) 
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $250 from Councilmember Hahn, to the Berkeley Repertory Theatre, a 501(c)(3) non-profit organization, to support OVATION: Imagine, an event to support Berkeley Rep’s productions and arts education programs, with funds relinquished to the City’s general fund for this purpose from the discretionary Council office budget of Councilmember Hahn, and any other Councilmembers who would like to contribute. 
Financial Implications: Councilmember’s Discretionary Funds - $250 
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 

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.

15.

Fiscal Year 2022 Proposed Budget Public Hearing #2 
Revised material (Supp 2)
Supplemental material (Supp 2)
From: City Manager 
Recommendation: Conduct a second public hearing on the FY 2022 Proposed Biennial Budget.  
Financial Implications: See FY 2022 Proposed Biennial Budget 
Contact: Rama Murty, Budget Office, (510) 981-7000 

16.

ZAB Appeal: 2421 Fifth Street, Use Permit #ZP2020-0043 
Admin Record
Supplemental Material (Supp 3)
From: City Manager 
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision and approving Use Permit #ZP2020-0043 to demolish a single-family dwelling and construct two residential buildings: a three-story triplex and a three-story single-family dwelling, for a total of four new dwellings, and dismiss the appeal.  
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 

17.

Police Accountability Board – Appointment of Members 
From: City Manager 
Recommendation: Adopt a Resolution appointing nine members to the Police Accountability Board nominated by the Mayor and City Councilmembers, and appointing one alternate member.  
Financial Implications: See report 
Contact: Mark Numainville, City Clerk, (510) 981-6900 

18a.

Recommendation that the City Council Pass a Resolution Regarding Procurement, Sales and Serving of Sugar-Sweetened Beverages. 
From: Sugar Sweetened Beverage Product Panel of Experts (Reviewed by the Health, Life Enrichment, Equity & Community Policy Committee) 
Recommendation: The Sugar Sweetened Beverage Product Panel of Experts recommends that the Berkeley City Council adopt a Resolution that City of Berkeley departments and City food services contractors shall not: 1) Serve sugar-sweetened beverages at City meetings and events on City property; 2) Procure sugar-sweetened beverages with City funds; or, 3) Sell sugar-sweetened beverages on City property, including in vending machines. 
Policy Committee Recommendation: M/S/C (Hahn/Bartlett) to move an item to Council recommending approval of the Sugar Sweetened Beverage Product Panel of Experts Resolution regarding procurement, sales and serving of sugar-sweetened beverages with the following changes in the resolved clause and removing the third item: 
Therefore be it resolved that the City of Berkeley shall not: 
1. Procure sugar-sweetened beverages with City funds; and 2. Serve or sell sugar-sweetened beverages on City property, including in vending machines. 
And be it further resolved that the City discourages sugar-sweetened beverages at events on City property that receive City of Berkeley funding, and mandate that these events be required to provide options other than sugar-sweetened beverages.  
And be it further resolved that in areas or facilities where employees regularly work beyond the core business hours of 8 a.m. – 6 p.m., the City of Berkeley shall provide refrigerators in good working order and of adequate size for the number of employees in that area, to bring and store their own beverages. 
In addition, ask the City Council to make a referral to the Sugar-Sweetened     Beverage Product Panel of Experts to consider how to regulate sugar sweetened beverages at events held on City of Berkeley Property hosted by non-City entities who receive City of Berkeley funds.  
Vote: All Ayes. 
Financial Implications: See report 
Contact: Dechen Tsering, Commission Secretary, (510) 981-5300 

18b.

Companion Report: Recommendation that the City Council Pass a Resolution Regarding Procurement, Sales, and Serving Sugar-Sweetened Beverages 
From: City Manager (Reviewed by the Health, Life Enrichment, Equity & Community Policy Committee) 
Recommendation: Recommend that the City Council adopt an amended resolution that recognizes the important principles in the Commission recommendation, clarifies the intent of the measure and provides some flexibility for City programs and staff while still emphasizing availability of healthy options.  This amended resolution would require that the majority of all beverages provided or sold at any City event or on any City property (including vending machines) be non-sugar sweetened beverages (as defined in chapter 7.72 of the Berkeley Municipal Code) and education materials be provided to all COB staff to actively discourage the consumption of sugar-sweetened beverages and encourage the consumption of water.  
Policy Committee Recommendation: M/S/C (Hahn/Bartlett) to move an item to Council recommending approval of the Sugar Sweetened Beverage Product Panel of Experts Resolution regarding procurement, sales and serving of sugar-sweetened beverages with the following changes in the resolved clause and removing the third item: Therefore be it resolved that the City of Berkeley shall not: 
1. Procure sugar-sweetened beverages with City funds; and 2. Serve or sell sugar-sweetened beverages on City property, including in vending machines. 
And be it further resolved that the City discourages sugar-sweetened beverages at events on City property that receive City of Berkeley funding, and mandate that these events be required to provide options other than sugar-sweetened beverages. 
And be it further resolved that in areas or facilities where employees regularly work beyond the core business hours of 8 a.m. – 6 p.m., the City of Berkeley shall provide refrigerators in good working order and of adequate size for the number of employees in that area, to bring and store their own beverages. 
In addition, ask the City Council to make a referral to the Sugar-Sweetened     Beverage Product Panel of Experts to consider how to regulate sugar sweetened beverages at events held on City of Berkeley Property hosted by non-City entities who receive City of Berkeley funds.  
Vote: All Ayes. 
Financial Implications: See report 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 

19.

Adopt a Resolution Updating City of Berkeley Street Maintenance and Rehabilitation Policy 
Supplemental material (Supp 1)
From: Councilmember Harrison (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Taplin (Co-Sponsor) (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee) 
Recommendation: 1. Adopt a Resolution updating the City’s Street Maintenance and Rehabilitation Policy dated June 1, 2021. 
2. Refer the exploration of potential bonding and funding opportunities for improving the Paving Condition Index (PCI) of streets and creating a Paving Master Plan back to the Facilities, Infrastructure, Transportation, Environment & Sustainability (FITES) Committee for further review.  
Policy Committee Recommendation: M/S/C (Robinson/Harrison) to move the Public Works supplemental item “City of Berkeley Street Maintenance and Rehabilitation Policy to Council” with a positive recommendation including amendments made during the meeting today, and ask Council to refer the exploration of potential bonding and funding opportunities for improving the PCI of streets and creating a Paving Master Plan back to the FITES Committee for further review. All Ayes. 
Financial Implications: Staff time 
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140