City Council Regular Meeting eAgenda March 30, 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.

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, December 15, 2020 and February 9, 2021.  
Financial Implications: See report 
Contact: Farimah Brown, City Attorney, (510) 981-6950

2.

Minutes for Approval 
From: City Manager 
Recommendation: Approve the minutes for the council meetings of February 2, 2021 (closed), February 9, 2021 (closed and regular), February 16, 2021 (closed and special), February 23, 2021 (special and regular) and February 25, 2021 (closed).  
Financial Implications: None 
Contact: Mark Numainville, City Clerk, (510) 981-6900

3.

Police Accountability Board – Ordinance Amendment for Leaves of Absence and Alternate Commissioner; Amending BMC Chapter 3.02 
From: City Manager 
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 3.02.030 to provide for leaves of absence for members of the Police Accountability Board and Berkeley Municipal Code Section 3.02.035 to provide for a designated council-approved alternate to serve when a regular member is on a leave of absence.  
Financial Implications: See report 
Contact: Mark Numainville, City Clerk, (510) 981-6900

4.

Contract Amendments: Contract No. 088999-1: Center for Independent Living Contract No. 052129-1: Pacific Center for Human Growth and Contract No. 122380-1: Covenant House California – YEAH! Program 
From: City Manager 
Recommendation: Adopt three Resolutions authorizing the City Manager to execute amendments for the following contracts that are funded through State of California Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) monies, increasing each contract as outlined below, and extending the contracts through June 30, 2021: 
1. Increasing MHSA PEI Contract No. 088999 -1 with Center for Independent Living (CIL) in the amount of $8,011 for a total contract amount not to exceed $288,630 for trauma support services for senior citizens; 
2. Increasing PEI ERMA Contract No. 052129-1 with Pacific Center for Human Growth in the amount of $8,011 for a total contract amount not to exceed $315,150 for trauma support services for Lesbian, Gay, Bi-sexual, Transgender, Queer/Questioning, Intersex, Agender, Plus other (LGBTQIA+) individuals; 
3. Increasing MHSA PEI Contract No. 122380-1 with Covenant House California-YEAH! Program, in the amount of $8,041 for a total contract amount not to exceed $315,150 for trauma support services for Transition Age Youth (TAY).  
Financial Implications: Mental Health Services Act - $24,063 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

5.

Contract No. 120650-1 Amendment: Covenant House California – YEAH! Program 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment for the following Contract No. 120650-1 with Covenant House California – YEAH! Program that is funded through State of California Mental Health Services Act (MHSA) Community Services and Supports (CSS) monies, increasing the contract amount by $30,714, for a contract amount not to exceed $878,142, and extending the contract through June 30, 2021.  
Financial Implications: Mental Health Services Act Fund - $30,714 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

6.

Designating City's Labor Negotiators Under Govt. Code Section 54957.6 
From: City Manager 
Recommendation: Adopt a Resolution establishing a standing list of representatives of the City of Berkeley designated to participate in Closed Sessions with the City Council to discuss labor negotiations with certain unions and unrepresented employees for negotiations between January 1, 2021 and December 31, 2021  
Financial Implications: None 
Contact: LaTanya Bellow, Human Resources, (510) 981-6800

7.

Side-Letter Agreement: Additional Emergency Paid Sick Leave and Layoff Protection for Employees in the Public Employee Union, Local 1/AFSCME Council 57 
From: City Manager 
Recommendation: Adopt a Resolution authorizing City Manager to execute a side-letter agreement to provide 80 hours of additional Emergency Paid Sick Leave (EPSL) and layoff protection through June 30, 2021 for Employees represented by the Public Employee Union, Local 1/AFSCME Council 57 (“Local 1”).  
Financial Implications: See report 
Contact: LaTanya Bellow, Human Resources, (510) 981-6800

8.

Contract No. 32100021 Amendment: Telfords for Tyler Munis ERP System (locally referred to as ERMA) Implementation Support 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to authorize one-time funding of $80,000 for a proposed amendment to Contract No. 32100021 with Telfords, for Consulting Services for Tyler Munis ERP system project management and implementation support services to fund the ERMA implementation support contract, and extend the contract to December 30, 2021. 
Financial Implications: Various Funds - $80,000 
Contact: LaTanya Bellow, Human Resources, (510) 981-6800

9.

Contract No. 047162-1 Amendment:  ESI Group for the IBM Hardware and Software Lease 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 047162-1 with ESI Group for leasing, maintenance, and technical support for International Business Machines (IBM) hardware lease and software maintenance and support, increasing the current contract by $120,000, for a total not to exceed $2,154,769 from June 2, 2003 through June 30, 2022.  
Financial Implications: IT Cost Allocation Fund - $120,000 
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

10.

Contract No. 100547-1 Amendment: Tyler Technologies, Inc. for the Open Data Portal’s (ODP) Hosting Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 100547-1 with Tyler Technologies, Inc., for the purposes of hosting the City’s Open Data Portal, increasing the amount by $147,991 for a total contract amount not to exceed $402,961 and extending the term through June 30, 2024.  
Financial Implications: IT Cost Allocation Fund - $147,991 
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

11.

Contract No. 105921-1 Amendment: TruePoint Solutions, LLC for Accela Professional Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 105921-1 with TruePoint Solutions, LLC for professional services, increasing the amount by $235,000, for a total not-to-exceed amount of $852,200, and extending the term by two years for the term beginning June 1, 2015 to June 30, 2023.  
Financial Implications: Various Funds - $235,000 
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

12.

Contract No. 107364-1 Amendment: Verint Systems Inc. for Customer Relationship Management (CRM) Software Maintenance 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 107364-1 with Verint Systems, Inc. for CRM software licensing, maintenance, and support, increasing the amount by $68,440 for a total contract amount not-to-exceed $1,054,187 from March 23, 2007 through June 30, 2023.  
Financial Implications: IT Cost Allocation Fund - $68,440 
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

13.

Contract No. 32000177 Amendment: NextRequest for Public Records Act (PRA) Response Software 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000177 with NextRequest for software hosting, implementation, maintenance and related services for a Public Records Act Response Software System, for an additional amount not to exceed $76,906, for a total not to exceed value of $141,906, for the period commencing on July 1, 2019 through June 30, 2023.  
Financial Implications: IT Cost Allocation Fund - $76,906 
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

14.

Contract No. 32000004 Amendment: CBF Electric & Data for Wi-Fi Installation in City Facilities 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000004 (FUND$ Contract No. 10934) with CBF Electric & Data (CBF) for Wi-Fi installation in City facilities, increasing the contract amount by $25,000 for a total not-to-exceed amount of $100,014 and extending the term from July 2, 2018 to June 30, 2022.  
Financial Implications: IT Cost Allocation Fund - $25,000 
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

15.

Contract No. 32000223 Amendment: Gray Quarter, Inc. for Accela Professional Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000223 with Gray Quarter, Inc. for professional services, increasing the amount by $200,000, for a total not-to-exceed amount of $249,500 and extending the term by one year to June 30, 2023.  
Financial Implications: Various Funds - $200,000 
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

16.

Protiviti Government Services: Using General Services Administration (GSA) Vehicle for Professional Services Purchase Orders 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to issue purchase orders with Protiviti Government Services for the purchase of professional services using the General Services Agency’s (GSA) purchasing vehicle no. GS-35F-0280X for an amount not to exceed $512,000 through June 30, 2022.  
Financial Implications: General Fund - $512,000 
Contact: Savita Chaudhary, Information Technology, (510) 981-6500

17.

Contract No. 32000219 Amendment: Lind Marine for Removal of Derelict and Abandoned Vessels at the Berkeley Marina 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000219 with Lind Marine to remove and dispose derelict and abandoned vessels at the Berkeley Marina by increasing the contract amount by $42,000; and authorizing additional contingency of $4,200 for a total not-to-exceed amount of $146,400; and contingency of $42,800.  
Financial Implications: See report 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

18.

Utility Agreement: Construction of Gilman Street Sanitary Sewer Line Extension as part of the I-80 Gilman Street Interchange Improvements Project 
From: City Manager 
Recommendation: Adopt a Resolution: 1. Authorizing the City Manager to execute a Utility Agreement (UA) with the Alameda County Transportation Commission (Alameda CTC) for the construction of a sanitary sewer line on Gilman Street (Project) to serve the future fieldhouse restroom at the Tom Bates Regional Sports Complex; and 2. Authorizing the City Manager to issue City funding to Alameda County Transportation Commission (Alameda CTC) in accordance with the UA in amount not to exceed $720,000.  
Financial Implications: See report 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

19.

Contract No. 10874D Amendment: Street Level Advisors for Development Fee Feasibility Analysis 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 10874D with Street Level Advisors, to analyze the impact of fees and other variables on development project feasibility and to gather additional stakeholder input, increasing the contract amount by $70,000 to a new total not-to-exceed contract amount of $295,400, and extending the contract period to December 31, 2023.  
Financial Implications: See report 
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Council Consent Items

20.

Budget Referral – Police Foot/Bike Patrol in West and South Berkeley 
Supplemental Material (Supp 3)
From: Councilmember Taplin (Author), Councilmember Bartlett (Co-Sponsor), Mayor Arreguin (Co-Sponsor) 
Recommendation: Refer to the FY 2021-22 Budget Process to establish funding for police foot patrol or bicycle officers to cover West Berkeley as defined in the West Berkeley Plan, which includes portions of Berkeley Police Department Beats 11-16; plus in South Berkeley, cover Berkeley Police Department Beats 9, 10 and 11. In addition, consider the possibility of a deputized Community Service Officer, who can issue citations and make arrests, and explore the inclusion of Specialized Care Unit currently under consideration in the City Manager’s Reimagining Public Safety initiative. 
Financial Implications: See report 
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

21.

Budget Referral: Funding STOP Signs at Dwight Way and California Street 
From: Councilmember Taplin (Author) 
Recommendation: That the City Council refers to the budget process the funding of two (2) STOP signs at the west and east ends of the intersection of Dwight Way and California Street and refers the City Manager to oversee the expedited installation of these STOP signs.  
Financial Implications: See report 
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

22.

Letter to Google Requesting Commercial Truck Routes on Google Maps 
Supplemental Material (Supp 3)
From: Councilmember Taplin (Author), Councilmember Hahn (Co-Sponsor) 
Recommendation: Send a letter to Google headquarters in Mountain View, CA, to request the inclusion of commercial truck routes on the Google Maps platform.  
Financial Implications: None 
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

23.

Discussion on East Bay Paratransit and the Transportation Needs of Berkeleyans with Disabilities 
Supplemental Material (Supp 3)
From: Councilmember Taplin (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor) 
Recommendation: Refer the Disability Commission and the Transportation Commission to hold a joint public discussion on the use, effectiveness, and accessibility of East Bay Paratransit as well as the transportation needs of the members of our community with disabilities and seniors, and return recommendations to Council.  
Financial Implications: See report 
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

24.

 Providing our Unhoused Community with Fire Extinguishers (Reviewed by the Public Safety Committee) 
From: Councilmember Davila (Author)
Recommendation: Direct the City Manager to use existing homeless services funding to develop a program to pro-vide fire extinguishers, fire prevention tools and deploy them through the community based home-less services providers to distribute to our unhoused community. Short term referral to additionally, require some elements of this program be deployed immediately, with a full program deployment within six months. 
Policy Committee Recommendation: Send the item to City Council with a qualified positive recommendation to refer the item to the City Manager and the Disaster and Fire Safety Commission to consider fire extinguishers and other fire prevention tools such as wool blankets. 
Financial Implications: See report 
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

25.

Budget Referral: Allocate Funding for a New Project Coordinator Position Within the Public Works Department to Help Implement the Electric Mobility Roadmap and Other Climate Initiatives 
From: Councilmember Harrison (Author) 
Recommendation: Refer to the June 2021 budget process: 1. Approximately $198,386 from the General Fund for a new Community Development Project Coordinator position (1.0 FTE) within Public Works.  
Financial Implications: See report 
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

26.

Support for AB 20: Corporate-Free Elections Act 
From: Councilmember Robinson (Author), Councilmember Hahn (Co-Sponsor) 
Recommendation: Send a letter to Assemblymember Alex Lee, Assemblymember Buffy Wicks, and Senator Nancy Skinner in support of Assembly Bill 20, which would prohibit business entities from making campaign contributions to candidates running for elective office.  
Financial Implications: None 
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

27.

Support of AB 37: Vote-by-Mail Ballots 
From: Councilmember Robinson (Author), Councilmember Hahn (Co-Sponsor) 
Recommendation: Send a letter to Assemblymember Marc Berman, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of Assembly Bill 37, which would require counties to send vote-by-mail ballots to all voters for every election.  
Financial Implications: None 
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

28.

Support for AB 854: Ellis Act Reform 
Revised material (Supp 1)
From: Councilmember Robinson (Author) 
Recommendation: Send a letter to Assemblymember Alex Lee, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of Assembly Bill 854, which would make nonsubstantive changes to the Ellis Act. 
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.

29.

California Municipal Finance Authority Bond Financing for 2870 Adeline Street, Berkeley, CA (Harriet Tubman Terrace Apartments) 
Supplemental material (Supp 2)
From: City Manager 
Recommendation: Conduct a public hearing under the requirements of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986, and upon conclusion, adopt a Resolution approving the issuance of the bonds by the California Statewide Communities Development Authority (CSCDA) for the benefit of the 2870 Adeline Street rental housing development.
Financial Implications: See report 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

30.

Introduce an Ordinance permanently banning the use of less lethal weaponry, chemical irritants, smoke projectiles, acoustic weapons, directed energy weapons, water cannons, disorientation devices and ultrasonic cannons used by the police on civilians (Reviewed by the Public Safety Committee) 
From: Councilmember Davila (Author) 
Recommendation: Direct the City Manager and City Attorney to prepare the attached ordinance: “Prohibition On The Use Of Certain Munitions Ordinance” for first reading for the October 27, 2020 Regular City Council Meeting.  
Policy Committee Recommendation: Send the item to City Council with a negative recommendation and recommend that Council take no action. 
Financial Implications: See report 
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

31.

Recognize the Rights of Nature (Reviewed by Facilities, Infrastructure, Transportation, Environment & Sustainability Committee) 
From: Councilmember Davila (Author) 
Recommendation: Adopt a resolution to recognize that the natural living world has a right to exist, thrive, regenerate and evolve its life cycles; to protect the ecosystems upon which our own vitality depends; and to transform our human relationship with nature from a property-based to a legal rights-bearing entity.  
Policy Committee Recommendation: Send the item to City Council with the qualified positive recommendation revising the final resolved clause of the draft resolution to place obligation on the City and not the residents. 
Financial Implications: See report 
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

Information Reports

32.

FY 2020 Fourth Quarter Investment Report: Ended June 30, 2020 
From: City Manager 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

33.

FY 2021 First Quarter Investment Report: Ended September 30, 2020 
From: City Manager 
Contact: Henry Oyekanmi, Finance, (510) 981-7300

34.

Referral Response: Second Dwelling Unit/Accessory Dwelling Unit Pilot Program to House the Homeless 
From: City Manager 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

35.

Report on Workers’ Compensation Annual Program Review FY 2019-2020 
From: City Manager 
Contact: LaTanya Bellow, Human Resources, (510) 981-6800