City Council Regular Meeting eAgenda March 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.

Lease Agreement: Patpatia & Associates, Inc. for 125-127 University Ave. Office Space 
From: City Manager 
Recommendation: Adopt second reading of Ordinance No. 7,754-N.S. executing a lease agreement with Patpatia & Associates, Inc. to lease 2nd floor office space located at 125-127 University Ave.  The lease term is anticipated to begin May 1, 2021 and end April 30, 2024.  
First Reading Vote: All Ayes. 
Financial Implications: See report 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

2.

Stahlschmidt v. City of Berkeley, Case No. RG 20069713 
From: City Manager 
Recommendation: Adopt a Resolution approving the settlement of the action entitled Stahlschmidt v. City of Berkeley, Case No. RG 20069713.  
Financial Implications: Public Liability Fund - $75,533 
Contact: Farimah Brown, City Attorney, (510) 981-6950

3.

Referral Response: Commission Low-Income Stipend Reform 
From: City Manager 
Recommendation: Adopt a Resolution adjusting the qualifying annual household income to the Alameda County 50% Area Median Income (AMI) for a three-person household for stipend and reimbursement in lieu of expenses for members of certain Boards, Commissions, and Committees, increasing the stipend to $100 per meeting with an annual Consumer Price Index (CPI) inflator, and rescinding Resolution No. 64,831-N.S.  
Financial Implications: See report 
Contact: Mark Numainville, City Clerk, (510) 981-6900

4.

Confirming “At-Large” Appointments to the Reimagining Public Safety Task Force 
From: City Manager 
Recommendation: Adopt a Resolution confirming “At-Large” appointments to the Reimagining Public Safety Task Force.  
Financial Implications: None 
Contact: Dave White, City Manager's Office, (510) 981-7000

5.

Referral Response: Deferral of Remaining Permit, Inspection, Connection, and Impact Fees for 2009 Addison Street and Referral to the City Manager to Develop a Limited-Term Citywide Fee Deferral Program 
Supplemental material (Supp 1)
From: City Manager 
Recommendation: Consider Adopting a Resolution authorizing the City Manager to defer remaining building permit, inspection, connection, and impact fees estimated at $676,464 for the Berkeley Repertory Theater’s project at 2009 Addison Street for a period of ten years. In addition, city staff is asking City Council to refer to the City Manager the development of a limited-term citywide fee deferral program. 
Financial Implications: See report 
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

6.

Revenue Contract: East Bay Community Energy FY2021- Kitchen Electrification for Aging Services 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any resultant revenue agreements and amendments with East Bay Community Energy to provide funding for upgraded, energy-efficient kitchen appliances at both the North Berkeley and South Berkeley senior centers, in the amount of $48,994, through the East Bay Community Energy’s Kitchen Electrification Grant.  
Financial Implications: See report 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

7.

Contract No. 32000063 Amendment: United Site Service, Inc. for Additional Rental and Servicing of Portable Toilets and Sinks 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000063 with United Site Services of California, Inc. for rental and service of portable toilet and handwashing units, increasing the current contract amount of $360,000 by $270,000, for a total not to exceed amount of $630,000 for a period of two years, with an option to extend for three 12-month periods, for a total amount not to exceed $1,200,000.  
Financial Implications: Various Funds - $1,200,000 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

8.

Contracts: On-Call Waterfront Project Management and Construction Management Services for Capital Improvement Projects at the Berkeley Waterfront 
From: City Manager 
Recommendation: Adopt two Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for on-call waterfront project management services for capital improvement projects at the Berkeley Waterfront, for contract periods of April 1, 2021 through June 30, 2024: 
1. AnchorCM, for an amount not to exceed $1,000,000. 
2. Park Engineering, Inc., for an amount not to exceed $1,000,000.  
Financial Implications: See report 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

9.

Loan Application: Dock Replacement at the Berkeley Marina 
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to sign a loan agreement with the California Department of Boating and Waterways and to accept the funds for a loan not to exceed $5,500,000 for replacement of D & E docks at the Berkeley Marina.  
Financial Implications: See report 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

10.

Grant Application:  Environmental Enhancement and Mitigation Project (EEMP) Proposal 
From: City Manager 
Recommendation: Adopt a Resolution authorizing the City Manager to submit an Environmental Enhancement and Mitigation (EEM) grant application to plant urban forest trees in the amount up to $500,000; to accept the grant; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.  
Financial Implications: Revenue - $500,000 
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

11.

Amendments to the Berkeley Election Reform Act (BERA) to Regulate Officeholder Accounts and Proposed Changes to City Council Office Budget Expenditure and Reimbursement Policies (Resolution 67,992-N.S.) (Reviewed by the Agenda & Rules Committee) (Item contains Supplemental Material) 
From: Fair Campaign Practices Commission 
Recommendation: Form a joint subcommittee of members of the City Council and members of the Fair Campaign Practices and Open Government Commissions to (1) prepare an ordinance amending the Berkeley Election Reform Act (BMC Chapter 2.12) to prohibit or regulate officeholder accounts and (2) prepare a change in City Council Expenditure and Reimbursement policies (Resolution 67,992-N.S.) to have donations to nonprofit organizations made in the name of the entire Berkeley City Council on behalf of the citizens of Berkeley rather than from individual Council members. 
(On February 8, 2021, the Agenda & Rules Committee made a positive recommendation to the City Council on part two of the Commission recommendation to prepare a change in City Council Expenditure and Reimbursement policies (Resolution 67,992-N.S.) to have donations to nonprofit organizations made in the name of the entire Berkeley City Council on behalf of the citizens of Berkeley rather than from individual Council members.) 
Financial Implications: None 
Contact: Sam Harvey, Commission Secretary, (510) 981-6950

12a.

Amending Source of Income Discrimination Ordinance to Establish Administrative Enforcement Procedure (Reviewed by the Land Use, Housing, & Economic Development Committee) 
From: Homeless Commission 
Recommendation: The Homeless Commission recommends that BMC 13.31 be amended to provide for an administrative procedure to enforce the anti-discrimination property rental ordinance as to source of income. Such procedure should involve establishing a complaints procedure under an existing City of Berkeley department such as the Department of Planning or Rent Stabilization Board, where a complaint could be filed by a prospective tenant, or tenant, alleging that they have been discriminated against by a landlord, property owner or authorized agent or employee when seeking rental housing or in any other context currently covered under BMC 13.31. Stage 1 of enforcement in the complaints procedure shall involve the taking of the complaint which shall be investigated by the designated department expeditiously, within a reasonable period of time no longer than ten days. Upon completion of the investigation, a finding shall be made of substantial evidence of discrimination or no evidence of discrimination. In the process of the investigation, the investigator shall concurrently, while identifying the facts, attempt to resolve the complaint by seeking to bring the parties to agreement that the complaining party be permitted to rent the premises in question or alternatively, if the premises has otherwise been rented prior to the investigation, be provided the first option for the next available vacancy at the premises. Where the complaint has not otherwise been resolved through this procedure, and there is a finding of substantial evidence, the complaining party shall be offered the opportunity to have its complaint heard by an administrative hearing officer mirroring a procedure or similar to a procedure afforded by BMC 1.28. If the complainant files for such an administrative hearing, and the rental property remains available, the filing for an administrative hearing, shall constitute a stay of the property being otherwise rented to another applicant.  If at the administrative hearing, the administrative law judge, or hearing officer, finds in favor of the complainant, the administrative hearing officer can order that housing be provided to the complainant and/or direct a fine of no more than five thousand dollars ($5,000) to be paid to the complainant with an additional penalty to the City of Berkeley for the costs of the administrative appeal.  This procedure will be a final administrative decision subject to litigation to be brought in a court of law by a complainant through any legal entity, private or public as the complainant can identify.  The Homeless Commission further recommends that any person seeking housing, with a voucher or any subsidy to pay their rent, be considered for the rental in the order which their rental application is received and be entitled to the rental as the first applicant of right. Insufficient credit or poor credit shall not be a fact considered for rental as to the totality of the rent to be paid if the rent is to be otherwise paid through the voucher or subsidy source. 
(On February 4, 2021, the Land Using, Housing, & Economic Development Policy Committee made a qualified positive recommendation to refer to the City Manager to: 1) Draft amendments to the Source of Income Discrimination Ordinance to provide for an administrative procedure to enforce the anti-discrimination property rental ordinance as to source of income, parallel to the Fair Chance Ordinance; 2) Submit to Council in 2022 a report reviewing the effectiveness of the source of income discrimination ordinance in its first five years; and 3) Update and improve information on the City website and elsewhere about legal services for low income residents; and 4) Refer to the 4x4 Committee discussion of feasibility of enforcement of source of income discrimination alongside the fair chance ordinance, and discussion of Homeless Commission’s first-in-time standard recommendations.)  
Financial Implications: See report 
Contact: Brittany Carnegie, Commission Secretary, (510) 981-5400

12b.

Companion Report: Amending Source of Income Discrimination Ordinance to Establish Administrative Enforcement Procedure (Reviewed by the Land Use, Housing, & Economic Development Committee) 
From: City Manager 
Recommendation: The City Manager thanks the Homeless Commission for their concern regarding potential discrimination against residents trying to utilize rental assistance vouchers in Berkeley.  She recommends, however, taking no action on the Homeless Commission recommendation since the City already funds legal assistance for low-income residents that may be used to obtain relief under BMC 13.31. 
(On February 4, 2021, the Land Using, Housing, & Economic Development Policy Committee made a qualified positive recommendation to refer to the City Manager to: 1) Draft amendments to the Source of Income Discrimination Ordinance to provide for an administrative procedure to enforce the anti-discrimination property rental ordinance as to source of income, parallel to the Fair Chance Ordinance; 2) Submit to Council in 2022 a report reviewing the effectiveness of the source of income discrimination ordinance in its first five years; and 3) Update and improve information on the City website and elsewhere about legal services for low income residents; and 4) Refer to the 4x4 Committee discussion of feasibility of enforcement of source of income discrimination alongside the fair chance ordinance, and discussion of Homeless Commission’s first-in-time standard recommendations.)  
Financial Implications: None 
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

Council Consent Items

13.

HelpBerkeley: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund 
From: Mayor Arreguin (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Hahn (Co-Sponsor) 
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember including $250 from Mayor Arreguin, to HelpBerkeley with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute. 
Financial Implications: Mayor’s Discretionary Funds - $250 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

14.

Declaring the 2021 Cesar Chavez-Dolores Huerta Commemorative Period 
Revised material (Supp 3)
From: Mayor Arreguin (Author), Councilmember Robinson (Author), Councilmember Hahn (Co-Sponsor) 
Recommendation: Adopt a Resolution declaring the period of March 21, 2021 to April 10, 2021 as the Cesar Chavez/Dolores Huerta Commemorative Period in the City of Berkeley.  
Financial Implications: None 
Contact: Jesse Arreguin, Mayor, (510) 981-7100

15.

Budget Referral: Funding Rectangular Rapid Flashing Beacons (RRFB) at Sixth Street and Addison Street 
From: Councilmember Taplin (Author) 
Recommendation: That the City Council refers to the budget process the funding of Rectangular Rapid Flashing Beacons (RRFB) at the south end of the intersection of Sixth Street and Addison Street.  
Financial Implications: See report 
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

16.

Budget Referral: George Florence Park Traffic Calming (Tenth Street between University Avenue and Allston Way) 
Supplemental material (Supp 2)
From: Councilmember Taplin (Author), Mayor Arreguin (Co-Sponsor) 
Recommendation: That the City Council refers to the budget process the funding of traffic calming measures on Tenth Street between University Avenue and Allston Way including but not limited to: 1. The addition of “SLOW CHILDREN AT PLAY” signs approaching George Florence Park and the West Berkeley YMCA. 2. Two speed tables on Tenth Street between Addison and Allston approaching George Florence Park, another speed table in front of the West Berkeley YMCA, and another at the south end of the intersection of Tenth and Allston. 3. Repainting of crosswalks along this section of Tenth Street. 4. Bulb outs at each corner of Tenth Street and Addison Street. 
Financial Implications: See report 
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

17.

Resolution Supporting HR 25, Calling for Federal Investigation on Sedition at U.S. Capitol and Expulsion of Complicit Members of Congress 
From: Councilmember Taplin (Author), Mayor Arreguin (Co-Sponsor), Councilmember Wengraf (Co-Sponsor), Councilmember Hahn (Co-Sponsor) 
Recommendation: Adopt a resolution condemning the violent attack on the U.S. Capitol on January 6, 2021 by a seditious mob intent on preventing the certification of the 2020 Presidential Election, in support of House Resolution 25, calling for a federal investigation on the attack and the expulsion of Members of Congress found complicit in incitement of insurrection.  
Financial Implications: None 
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

18.

Support for SB 260 
From: Councilmember Taplin (Author), Councilmember Robinson (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), Mayor Arreguin (Co-Sponsor)
Recommendation: Send a letter of endorsement for SB 260, the Climate Corporate Accountability Act, to Senator Scott Wiener and the Senate Standing Committee on Environmental Quality, and urge the CA Senate to lead the nation in pursuing real emissions reductions and holding corporations accountable. 
Financial Implications: None 
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

19.

Support Vision 2025 for Sustainable for Sustainable Food Policies (Reviewed by the Health, Life Enrichment, Equity & Community Committee) 
Revised material (Supp 1)
From: Councilmember Davila (Author) 
Recommendation:  
1. Adopt a Resolution Supporting Vision 2025 for Sustainable Food Policies 
2. Join San Francisco, Chicago and Austin in signing the Milan Urban Food Policy Pact (MUFPP) which includes forming an advisory body on sustainable food policies. 
3. Support adoption of a Climate-Friendly Food Purchasing Policy as described by Friends of the Earth to replace 50% of the City’s annual animal-based food procurement with plant-based food.  
4. Short Term Referral to the City Manager to: a. Track the amount of animal-based food replaced with plant-based food; b. Use Friends of the Earth’s Municipal Guide to Climate-Friendly Food Purchasing for the procurement of plant-based food. 
(On February 8, 2021, the Health, Life Enrichment, Equity and Community Committee moved the item to Council with a qualified positive recommendation to take the following action: 1. Express support for the Milan Urban Food Policy Pact (MUFPP) 2. Refer aspects of the original item to the Community Health Commission (or future commission addressing public health) to take the following actions: a) Consult with appropriate City staff to evaluate the feasibility of altering food sources within the City’s existing food service contracts - with a specific focus on the feasibility of replacing meat and dairy-based offerings with plant-based options - given contractor procurement practices and any federal or state nutrition requirements for seniors and other affected populations; and (b) Solicit input from potentially affected communities, particularly seniors, for their feedback on shifting to more plant-based foods through a short survey or other means; and 3. Adopt the resolution as amended.)  
Financial Implications: See Report 
Contact: Cheryl Davila, Councilmember, District 2, (510) 981-7120

20.

Resolution in Support of Establishing Statewide Targets for 100% Zero-Emission Vehicle Sales No Later Than 2025 and Comprehensive Legislative Program to Achieve an Equitable and Just Statewide Transition Towards 100% Zero-Emission Transportation and Mobility by 2030 
Revised material (Supp 3)
From: Councilmember Harrison (Author), Councilmember Hahn (Co-Sponsor) 
Recommendation: Adopt a resolution in support of establishing (1) statewide binding legislative targets for 100% zero emission vehicle sales no later than 2025, and (2) comprehensive statewide legislative program to achieve an equitable and just transition towards 100% zero-emissions transportation and mobility by 2030. 
Send copies of the resolution to Governor Newsom, State Senator Nancy Skinner, Assemblywoman Buffy Wicks, copying President Biden, Vice President Harris, Senators Feinstein and Padilla, and Congresswoman Lee.  
Financial Implications: Staff time 
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

21.

Budget Referral: Allocate Transportation Network Companies User’s Tax Proceeds and other General Fund Revenues to Support Priority Protected Bicycle Boulevards and the Street Repair Program 
Revised material (Supp 1)
From: Councilmember Harrison (Author), Mayor Arreguin (Author), Councilmember Robinson (Author), Councilmember Taplin (Author) 
Recommendation:  
1. Refer to the June 2021 budget process: a. The first $500,000 in expected Transportation Network Companies (TNC) User’s Tax General Fund revenue toward the construction and maintenance of 18.4 miles of priority protected bicycle boulevards; and b. $410,000 in expected TNC Tax revenue as revenues become available and an additional $90,000 from other General Fund revenue to supplement demonstration projects under the Street Repair Program that either directly or indirectly reduce greenhouse gas emissions. 
2. Refer to the Transportation Commission to make recommendations to the Council as to allocation of TNC User’s Tax in subsequent budget cycles.  
Financial Implications: See report 
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

22.

Kala Art Institute 2021 Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds 
From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor), Mayor Arreguin (Co-Sponsor), Councilmember Wengraf (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 Kala Art Institute, a 501(c)(3) non-profit organization, to support Art Kala 2021, an exhibition, auction, and benefit to support Kala’s artistic, cultural, and educational 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

23.

Resolution Condemning Anti-Asian Hate and Violence 
From: Councilmember Wengraf (Author), Councilmember Robinson (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor), Mayor Arreguin (Co-Sponsor) 
Recommendation: Adopt a Resolution Condemning Anti-Asian Hate and Violence.  
Financial Implications: None 
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

24.

Affirming the City of Berkeley’s Support for the People of Tibet 
From: Councilmember Robinson (Author), Mayor Arreguin (Co-Sponsor) 
Recommendation: Adopt a resolution affirming the City of Berkeley’s support for the people of Tibet.  
Financial Implications: None 
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

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.

Council Action Items

25.

Resolution Clarifying Eligibility for Historic Landmark Designation for Residences and Other Structures, Sites and Areas of Importance for Notable Community Members Who Contributed to the Cultural and Historic Values of Berkeley 
Revised material (Supp 3)
From: Councilmember Harrison (Author), Councilmember Hahn (Co-Sponsor) 
Recommendation: Adopt a resolution clarifying eligibility for historic landmark designation for residences and/or other structures, sites and areas of importance for notable community members who contributed to the cultural and historic values of Berkeley, including to allow the childhood home of Vice President Kamala Harris to be eligible for designation.  
Financial Implications: None 
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

Action Calendar – New Business

26.

Berkeley Economic Dashboards Update 
Presenatation
From: City Manager 
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

Information Reports

27.

FY 2021-2022 Peace and Justice Commission Work Plan 
From: Peace and Justice Commission 
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000

28.

Youth Commission Work Plan 2021 
From: Youth Commission 
Contact: Ginsi Bryant, Commission Secretary, (510) 981-6700