City Council Regular Meeting eAgenda June 27, 2023
AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, June 27, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702
TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708
TELECONFERENCE LOCATION - SHERATON GATEWAY LOS ANGELES HOTEL, 6101 WEST CENTURY BOULEVARD, LOS ANGELES, CA 90045
Jesse Arreguin, Mayor
Councilmembers:
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 – Mark Humbert |
Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.
Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley-info.zoomgov.com/j/1608493904. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 849 3904. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.
Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.
To submit a written communication for the City Council’s consideration and inclusion in the public record, email council@cityofberkeley.info.
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.
Preliminary Matters
Roll Call:
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.
Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.
- Adjourn in memory of Dorothy Walker, Local Activist
City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.
Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. Persons attending the meeting in-person and wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.
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 or Information 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.
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.
Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.
Urgent Item
Memorandum of Understanding with Alameda County for Temporary Coverage for Public Health Officer
From: Health, Housing, and Community Services
Recommendation: Adopt a resolution authorizing the City Manager to execute a Memorandum of Understanding with Alameda County authorizing Alameda County’s Health Officer to provide essential Health Officer duties for Berkeley on a temporary basis after Dr. Lisa Hernandez resigns from City employment in early July.
Financial Implications: None
Contact: Amy Davidson, Deputy Director, Health, Housing and Community Services, (510) 981-5400
1.-Bird Safe Building Requirements; Adding Berkeley Municipal Code Section 23.304.150
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,864-N.S. adding Berkeley Municipal Code Section 23.304.150 establishing Bird Safe Building requirements (“bird safe requirements”) for projects that require a building permit.
First Reading Vote: Ayes – Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Bartlett.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400
2.-FY 2024 Tax Rate: Fund the Debt Service on the Affordable Housing General Obligation Bonds (Measure O, November 2018 Election)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,865-N.S. setting the FY 2024 tax rate funding the debt service on the Affordable Housing General Obligation Bonds (Measure O, November 2018) at 0.0250%.
First Reading Vote: Ayes – Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Humbert; Noes – None; Abstain – None; Absent – Bartlett, Arreguin.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
3.-FY 2024 Tax Rate: Fund Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF)
From: City Manager, City Manager
Recommendation: Adopt second reading of Ordinance No. 7,866-N.S. setting the FY 2024 tax rate for funding Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF) in the City of Berkeley at the annual tax rate of $0.1176 (11.76 cents) per square foot of improvements.
First Reading Vote: Ayes – Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Humbert; Noes – None; Abstain – None; Absent – Bartlett, Arreguin.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, David Sprague, Fire, (510) 981-3473
4.-FY 2024 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,867-N.S. setting the FY 2024 tax rate for funding the debt service on the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) at 0.0050%.
First Reading Vote: Ayes – Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Humbert; Noes – None; Abstain – None; Absent – Bartlett, Arreguin.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
5.-FY 2024 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,868-N.S. setting the FY 2024 tax rate funding the debt service on the 2015 consolidation of Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0115%.
First Reading Vote: Ayes – Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Humbert; Noes – None; Abstain – None; Absent – Bartlett, Arreguin.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
6.-FY 2024 Tax Rate: Fund the Debt Service on the Infrastructure and Facilities General Obligation Bonds (Measure T1, November 2016 Election)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,869-N.S. setting the FY 2024 tax rate funding the debt service on the Infrastructure and Facilities Improvements General Obligation Bonds (Measure T1, November 2016) at 0.0140%.
First Reading Vote: Ayes – Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Humbert; Noes – None; Abstain – None; Absent – Bartlett, Arreguin.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
7.-FY 2024 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M, November 2012 Election)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,870-N.S. setting the FY 2024 tax rate funding the debt service on the Street and Integrated Watershed Improvements General Obligation Bonds (Measure M, November 2012) at 0.0065%.
First Reading Vote: Ayes – Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Humbert; Noes – None; Abstain – None; Absent – Bartlett, Arreguin.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
8.-FY 2024 Tax Rate: Business License Tax on Large Non-Profits
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,871-N.S. setting the FY 2024 tax rate for Business License Tax on large non-profits at $0.7909 (79.09 cents) per square foot of improvements.
First Reading Vote: Ayes – Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Humbert; Noes – None; Abstain – None; Absent – Bartlett, Arreguin.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
9.-FY 2024 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,872-N.S. setting the FY 2024 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.2130 (21.30 cents) per square foot of improvements.
First Reading Vote: Ayes – Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Humbert; Noes – None; Abstain – None; Absent – Bartlett, Arreguin.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
10.-FY 2024 Tax Rate: Fund the Provision of Emergency Medical Services (Paramedic Tax)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,873-N.S. setting the FY 2024 tax rate for funding the provision of emergency medical services to Berkeley residents at $0.0451 (4.51 cents) per square foot of improvements.
First Reading Vote: Ayes – Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Humbert; Noes – None; Abstain – None; Absent – Bartlett, Arreguin.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300.
11.-FY 2024 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,874-N.S. setting the FY 2024 tax rate for funding the provision of emergency services for the disabled at $0.02018 (2.018 cents) per square foot of improvements.
First Reading Vote: Ayes – Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Humbert; Noes – None; Abstain – None; Absent – Bartlett, Arreguin.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
12.-Amendments to Berkeley Election Reform Act; Amending Berkeley Municipal Code Chapter 2.12
From: Fair Campaign Practices Commission
Recommendation: Adopt second reading of Ordinance No. 7,875-N.S. amending the Berkeley Election Reform Act (BMC Chapter 2.12) to modify the forms required to open a campaign committee, change the deadline to qualify for the public financing program and make associated amendments, clarify the rules for public financing candidates that do not qualify for the ballot, add an automatic inflator for the amount a public financing candidate can give to their own committee, clarify post-election processes for public financing candidates, modify the threshold to create a campaign committee, and clarify the rules for returning certain types of contributions.
First Reading Vote: All Ayes.
Financial Implications: None
Contact: Sam Harvey, Commission Secretary, (510) 981-6950
13.-Amendments to the COVID-19 Emergency Response Ordinance; Amending Chapter 13.110 of the Berkeley Municipal Code
From: Mayor Arreguin (Author), Councilmember Harrison (Author), Councilmember Hahn (Author), Councilmember Robinson (Author)
Recommendation: Adopt second reading of Ordinance No. 7,876-N.S. amending Berkeley Municipal Code (BMC) Chapter 13.110, the COVID-19 Emergency Response Ordinance to adjust the required timeline to provide documentation proving that non-payment of rent was for a Covered Reason for Delayed Payment if an Unlawful Detainer is served.
First Reading Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Robinson, Arreguin; Noes – Humbert; Abstain – Kesarwani, Wengraf.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
14.-Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of May1 (Closed), May 2 (Special), May 8 (Closed), May 9 (Regular), May 15 (Closed), May 16 (Special and Special WS) and May 23 (Special and Regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
15.-Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 27, 2023
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: Street Light Poles for FY 2023 Fund - $400,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
16.-FY 2024 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
From: City Manager, City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2024 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley at the rate of $0.06062 (6.062 cents) per square foot of improvements for dwelling units and setting the rate for all other property at $0.09173 (9.173 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, David Sprague, Fire, (510) 981-3473
17.-FY 2024 Special Tax Rate: Fund the Provision of Library Services
From: City Manager, City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2024 tax rate for funding the provision of Library Services in the City of Berkeley at $0.2698 (26.98 cents) per square foot for dwelling units and $0.4080 (40.80 cents) per square foot for industrial, commercial, and institutional buildings.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Tess Mayer, Library, (510) 981-6100
18.-Appropriations Limit for FY 2024
From: City Manager
Recommendation: Adopt a Resolution establishing the appropriations limit at $342,803,053 for FY 2024 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
19.-Revisions to the Debt Management and Disclosure Policy
From: City Manager
Recommendation: Adopt a Resolution accepting revisions to the Debt Management and Disclosure Policy.
Financial Implications: None
Contact: Henry Oyekanmi, Finance, (510) 981-7300
20.-FY 2024 Reaffirming the Investment Policy and Designation of Investment Authority
From: City Manager
Recommendation: Adopt a Resolution reaffirming the current Investment Policy (no revisions are recommended) and to confirm the delegation of investment authority to the Director of Finance to make investments for FY 2024.
Financial Implications: None
Contact: Henry Oyekanmi, Finance, (510) 981-7300
21.-Contract: ZOLL Medical Corporation for ECG Monitor/Defibrillator Support
Revised material (Supp 2)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and all amendments with Zoll Medical Corporation for data storage, preventative maintenance and service of X-Series Electrocardiogram (ECG) Monitor / Defibrillators for emergency response vehicles from July 1, 2023 to June 30, 2025 in an amount not to exceed $106,000.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
22.-Contract: Stryker Corp. Preventative Maintenance and Service
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, with Stryker Corporation to provide preventative maintenance and service to the Departments mechanical Cardio Pulmonary Resuscitation (CPR) units for three years from August 1, 2023 until August 1, 2026 in the amount not to exceed $62,000.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
23.-Contract: US Digital Designs for Fire Station Emergency Alerting System
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a piggyback contract and any amendments with US Digital Designs using the National Purchasing Partners (NPP) contract No. 2020 in an amount not to exceed $1,600,000 for the purchase, installation and maintenance of a Fire Station Emergency Alerting System from July 12, 2023 through June 2, 2026.
Financial Implications: Various Funds - $1,600,000
Contact: David Sprague, Fire, (510) 981-3473
24.-Contract No. 32300112 Amendment: Harold Dichoso COVID-19 Outreach and Education.
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32300112 with Harold Dichoso, to extend the contract end date through June 30, 2024 and increase the not-to-exceed amount (NTE) by $35,000 utilizing one-time grant funds. The amendment will increase the NTE amount from $90,000 to $125,000.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400
25.-Fiscal Year 2023 Community Development Block Grant (CDBG) Public Facility Improvement Program Funds for Insight Housing’s (formerly Berkeley Food and Housing Project (BFHP)) Dwight Way Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to: 1. Allocate $680,000 of FY 2023 federal CDBG funds available to the Public Facility Improvement Program, to Insight Housing (IH) to rehabilitate IH’s Dwight Way Center (DWC); and 2. Execute all resultant agreements and amendments with IH for the above-mentioned funds; and 3. Recapture any unspent CDBG funds awarded to IH for the resulting contract, if the funds are not spent by June 30, 2024.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400
26.-Dell Computers, Inc.: Using County of Riverside Amendment No. 1 to the Licensing Solution Provider Agreement with Dell Marketing L.P. for Computer Hardware and Software Purchases
Revised material (Supp 2)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase spending authority with Dell Computers, Inc. for the purchase of computer and server hardware, software, and related services, utilizing pricing and contracts, amendments, and extensions from the County of Riverside Amendment No. 1 to the Licensing Solution Provider for the period beginning November 1, 2019 through October 31, 2024 for an amount not-to-exceed (NTE) $1,939,538 in Fiscal Year 2024.
Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500
27.-Contract No. 10549B Amendment: Tyler Technologies Enterprise Resource Planning System for ongoing software licensing, maintenance services, and disaster recovery services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 10549B with Tyler Technologies for software licensing, maintenance services, and disaster recovery services for the online Enterprise Resource Planning (ERP) system for the amount not to exceed $1,000,000 and a total contract value not to exceed $4,705,343 from April 1, 2017 to June 30, 2025.
Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500
28.-Contract: R.X. Lodge, Inc. for the West Side Aquatic Park Tree Planting and Irrigation Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the West Side Aquatic Park Tree Planting and Irrigation Project, Specification No. 23-11587-C; and 2. Accepting the bid of the lowest responsive and responsible bidder, R.X. Lodge, Inc.; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with R.X. Lodge, Inc. for the West Side Aquatic Park Tree Planting and Irrigation Project in an amount not to exceed $263,000, which includes a contract amount of $213,000 and a 23.5% contingency in the amount of $50,000.
Financial Implications: $263,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
29.-Grant Application: USDA Forest Service – Berkeley Urban Forestry Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application in the amount of up to $3,800,000 to the federal USDA Forest Service grant program for the Berkeley Urban Forestry Project; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize up to $4,200,000 in local in-kind match, including up to $3,200,000 in local cash match, and authorizes the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: Revenue - $3,800,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
30.-Donation: Two Memorial Benches at Cesar Chavez Park in memory of Richard & Gloria Crocker
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $6,800 for two memorial benches to be placed at Cesar Chavez Park in memory of Richard and Gloria Crocker.
Financial Implications: Revenue - $6,800
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
31.-Contract: Citygate for Police Department Staffing and Workload Study
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Citygate Associates, LLC (Contractor) to provide a staffing and workload study from June 30, 2023 to June 30, 2024, in an amount not to exceed $120,000 with an option to extend for an additional two years, for a total contract amount not to exceed $200,000.
Financial Implications: General Fund - $200,000
Contact: Jennifer Louis, Police, (510) 981-5900
32.-Contracts: On-Call Survey Services
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to execute the following contracts and any amendments for on-call survey services for capital improvement projects and the Engineering Division, each for a period of July 1, 2023 through June 30, 2026:
1. Cunha Surveying, Inc. (Cunha) in an amount not to exceed $400,000;
2. Kister, Savio & Rei, Inc. (KSR) in an amount not to exceed $400,00;
3. MNS Engineers, Inc. (MNS) in an amount not to exceed $400,000.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
33.-Contracts: On-Call Geotechnical and Engineering Testing Services
From: City Manager
Recommendation: Adopt five Resolutions authorizing the City Manager to execute the following contracts and any amendments for on-call geotechnical and engineering testing services for capital improvement projects, each for a period of July 1, 2023 through June 30, 2026:
1. BSK Associates (BSK), for an amount not to exceed $400,000;
2. Inspection Services, Inc. (ISI), for an amount not to exceed $400,000;
3. Ninyo & Moore, for an amount not to exceed $400,000;
4. Alan Kropp & Associates (Alan Kropp), for an amount not to exceed $150,000;
5. Fisher Geotechnical, for an amount not to exceed $150,000.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
34.-Contract: Bay Cities Paving & Grading, Inc. for Southside Complete Streets Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Southside Complete Streets Project (“Project”), Specification No. 23-11572-C, Federal Aid Project No. CMSTPL-5057(051); 2. Accepting the bid of Bay Cities Paving & Grading, Inc., the lowest responsive and responsible bidder; and 3. Authorizing the City Manager to execute a contract with Bay Cities Paving & Grading, Inc. and any amendments, extensions, and/or change orders until completion of the Project in accordance with the approved plans and specifications, in an amount not to exceed $12,973,925, which includes a 20% contingency for unforeseen circumstances.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
35.-Contract: Downtown Streets Team for Hand Sweeping, Graffiti and Litter Abatement, Poster Removal, and Low Barrier Volunteer Work Experience Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract, and any amendments or extensions, with Downtown Streets Team for hand sweeping, graffiti and litter abatement, poster removal, and low barrier volunteer work experience program. The contract will be in an amount not to exceed $1,625,500 for the period August 1, 2023 through August 30, 2027.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
36.-Contract No. 32000147 Amendment: Trip Stop Sidewalk Repair, Inc. for FY 2020 Sidewalk Inspection and Shaving Services Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000147 with Trip Stop Sidewalk Repair, Inc. (Trip Stop) for FY2020 Sidewalk Inspection and Shaving Services, increasing the contract amount by $835,969 for a total not-to-exceed amount of $2,285,969.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
37.-Ground Lease Agreement – RM Ventures LLC, d.b.a In the Wood Grill and Bar for Nonexclusive Use of Elmwood Parking Lot Pedestrian Paseo
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a ground lease agreement with RM Ventures LLC d.b.a., In the Wood Grill and Bar for the nonexclusive use of a portion of the Elmwood Parking Lot Pedestrian Access Path (“Paseo”), a City-owned midblock pedestrian path connecting the City’s Elmwood Parking Lot to College Avenue in the Elmwood Neighborhood Shopping District, for an initial term of ten (10) years with one optional ten (10) year lease extension.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
38.-SteelWave donation for pedestrian safety improvements in West Berkeley
From: City Manager
Recommendation: Adopt a Resolution accepting $40,000 cash donation for the Addison Bike Boulevard project and Vision Zero traffic safety improvements in West Berkeley from SteelWave LLC.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
39.-goBerkeley SmartSpace Pilot Program Evaluation & Next Steps
From: City Manager
Recommendation: 1. Adopt a Resolution directing staff to maintain SmartSpace visitor paid parking in the Southside and employee parking permits in the Elmwood; and 2. Adopt a Resolution updating existing schedule of parking violations and fines to include parking violations and late payment penalties related to pay-by-plate pay stations in the SmartSpace area and enforcing transit-only lanes, and rescinding Resolution 68,902-N.S. 3. Direct staff to incorporate into existing Residential Preferential Parking (RPP) referral(s) an assessment of the use of visitor paid parking and/or employee parking permits in other RPP areas.
Financial Implications: See report.
Contact: Liam Garland, Public Works, (510) 981-6300
40.-Approving Proposed Projects Anticipated to be paid for by the State’s Road Maintenance and Rehabilitation Account Funds for FY 2023-24
Revised material (Supp 3)
From: City Manager
Recommendation: Adopt a Resolution approving a proposed list of projects that will utilize funding from the State of California’s Road Maintenance and Rehabilitation Account, and authorize the City Manager to submit the proposed list to the California Transportation Commission.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
41.-Extending the Community Workforce Agreement with Building & Construction Trades Council, et al., for Construction Projects Over $500,000
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment to the Community Workforce Agreement with the Alameda County Building & Construction Trades Council, and twenty-two labor organizations on City capital improvement projects with an estimated value in excess of $500,000 to extend the agreement through June 30, 2026.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
42.-Request That City Council Strongly Recommend That HUD-Owned Harriet Tubman Terrace Apartments Install Solar Battery Back-up Battery Capability To Meet Medical Needs Of Their Residents During Loss Of Electrical Power And Consider Same Action For Other HUD Properties In Berkeley
From: Disaster and Fire Safety Commission
Recommendation: The Disaster and Fire Safety Commission (DFSC) is requesting that Berkeley City Council strongly recommend that The Department of Housing and Urban Development (HUD) owned Harriet Tubman Terrace Apartments install solar battery back-up battery capability to meet the medical needs of their residents during loss of electrical power and consider the same action for other HUD properties in Berkeley.
Financial Implications: None
Contact: Keith May, Commission Secretary, (510) 981-3473
43.-Establishment of a Sister City Relationship with Las Vegas, Santa Bárbara, Honduras
From: Peace and Justice Commission
Recommendation: Adopt a Resolution establishing a sister city relationship with the municipality of Las Vegas in the Santa Bárbara department of Honduras.
Financial Implications: None
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100
Council Consent Items
44.-Contract No. 32000196 Amendment: Szabo & Associates for Communications Consulting Services
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000196 with Szabo & Associates for communications consulting services for the Mayor’s Office, increasing the contract amount by $78,000 for a new total not to exceed $303,500, and extending the contract term to June 30, 2024.
Financial Implications: General Funds - $78,000
Contact: Jesse Arreguin, Mayor, (510) 981-7100
45.- Berkeley Food Utility and Access Resilience Measure (FARM) (Reviewed by the Health, Life Enrichment, Equity, & Community Committee)
From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation:
1. Refer to the City Manager the task of protecting the City’s food supply from natural disasters and economic disruptions by promoting the efforts of community-based organizations to design and implement an integrated local food production and distribution system for the City of Berkeley.
2. Refer to the City Manager and the Office of Economic Development resources to research and return to the Council potential economic incentives for non-profits, agricultural producers, and small businesses to partner with the City of Berkeley to support the implementation of FARM.
3. Adopt a resolution to support the goals of the FARM initiative and the development of hyperlocal urban food production with community-based organizations.
Policy Committee Recommendation: To send the item to Council with a positive recommendation.
Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130
46.-Street Pavement Painting: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Bartlett (Author)
Recommendation: Adopt a Resolution approving the expenditure of funds, including $1000.00 from Vice Mayor Bartlett, to Healthy Black Families, Inc. for the Ellis Street art renovation. The funds will be relinquished to the City’s General Fund from the discretionary council office budget of Vice Mayor Ben Bartlett and the discretionary council office budgets of any other City Councilmembers who would like to contribute.
Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130
47.-Reparations Now Community Art Mural Restoration and Preservation
From: Councilmember Bartlett (Author), Councilmember Hahn (Co-Sponsor)
Recommendation: Direct the City Manager to authorize, preserve, protect, and authorize the Reparations Now mural on Ellis Street (next to Malcolm X Elementary School) to continue the legacy of educational spaces for all community members to view it in the City of Berkeley.
Financial Implications: None
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130
48.-Support for AB-660 Food Labeling (Assemblymember Irwin)
From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution in support of AB-660 Food Labeling: quality dates, safety dates, and sell by dates (Assemblymember Jacqui Irwin), and send copies to Assembly Members Irwin and Wicks and Senator Skinner.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160
-The public may comment on each item listed on the agenda for action. 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 during one of the Action Calendar public comment periods on the item. Public comment will occur for each Action item (excluding public hearings, appeals, and/or quasi-judicial matters) in one of two comment periods, either 1) before the Action Calendar is discussed; or 2) when the item is taken up by the Council.
A member of the public may only speak at one of the two public comment periods for any single Action item.
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, 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 – Scheduled Public Comment Period
-During this public comment period, the Presiding Officer will open and close a comment period for each Action item on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters). The public may speak on each item. Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.
Action Calendar – Public Hearings
-Staff shall introduce the public hearing item and present their comments. For certain hearings, this is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, 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. 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.
When applicable, 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.
49.-Public Hearing on Zero Waste Five-Year Rate Schedule
From: City Manager
Recommendation: Conduct a public hearing, complete the majority protest process required by Proposition 218, and upon the conclusion of the public hearing, if there is no majority protest, adopt a Resolution setting FY 2024-2028 rates for residential and commercial refuse, compost, and recycling collection.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
50.-Biennial Syringe Services Report
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, accept the Biennial Syringe Services Report.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400
51.-Approval and Levy of 2018 Clean Stormwater Fee in FY 2024
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution approving the proposed adjusted fees for the 2018 Clean Stormwater Fee and ordering the levy of the fees in Fiscal Year 2024.
Financial Implications: See report.
Contact: Liam Garland, Public Works, (510) 981-6300
52.-Levy and Collection of Fiscal Year 2024 Street Lighting Assessments
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt Resolutions confirming the assessments for the Berkeley Street Lighting Assessment District No. 1982-1 and the Street Lighting Assessment District 2018, approving the Engineer’s Reports, and authorizing the levying and collection of assessments in Fiscal Year 2024.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action Calendar – New Business
53.-FY 2024 Proposed Budget Update Adoption
Revised material (Supp 2)
Presentation
From: City Manager
Recommendation: Adopt a Resolution: 1. Adopting the FY 2024 Proposed Budget Update (“FY 24 Proposed Budget”) as presented to Council on May 16, 2023, and as amended by subsequent Council action. 2. Authorizing the City Manager to provide applicable advances to selected community agencies receiving City funds in FY 2024, as reflected in Attachment 2 to the report, and as amended by subsequent Council action.
Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000
54.-FY 2024 Annual Appropriations Ordinance
Revised material (Supp 2)
From: City Manager
Recommendation: Adopt first reading of an Ordinance adopting the FY 2024 Annual Appropriations Ordinance (AAO) in the amount of $718,932,025 (gross appropriations) and $610,760,531 (net appropriations).
Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000
55.-Borrowing of Funds and the Sale and Issuance of FY 2023-24 Tax and Revenue Anticipation Notes
From: City Manager
Recommendation: Adopt a Resolution approving the borrowing of $25,000,000 and the sale and issuance of Fiscal Year 2023-24 Tax and Revenue Anticipation Notes.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Council Action Items
56.-Adopting a temporary exemption from the collection of taxes under BMC Chapter 9.04.136(D): Tax Rate for Non-Medical and Medical Cannabis Businesses (Continued from May 23, 2023)
Revised material (Supp 1)
From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Humbert (Co-Sponsor)
Recommendation:
1. Adopt a temporary exemption (per 9.04.136(D)) on the collection of the taxes for all non-medical and medical cannabis businesses, retroactive to January 2023 and ending July 2025; Waive any late penalties that may have accrued since January 2023; any and all tax payments already made to the City for Q1 2023 will apply as a credit against a future tax or fee payment to the City; and
2. Refer to the City Manager and Cannabis Commission and/or its successor, the Planning Commission, to analyze and develop an ordinance adjusting local cannabis business tax rates by February 2025 that are in balance with the state cannabis tax rates, with an eye to the ability for the cannabis industry to become a sustainable economic driver for the City of Berkeley.
3. Licensed cannabis businesses in Berkeley will pay the business license tax that applies to their respective area of the market during the moratorium, like retail, manufacturing, etc.
Financial Implications: Loss of tax revenue
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130
Information Reports
57.-Voluntary Time Off Program for Fiscal Year 2024
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000
58.-Status Report - Berkeley’s Financial Condition (FY 2012 – FY 2021): Pension Liabilities and Infrastructure Need Attention
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000
59.-FY 2023 Third Quarter Investment Report: Ended March 31, 2023
From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300
60.-Update on the Implementation of Fair and Impartial Policing Task Force Recommendations
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
61.-Zero Waste Commission Fiscal Year 2023-24 Work Plan
From: Zero Waste Commission
Contact: Julia Heath, Commission Secretary, (510) 981-6300
Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply: 1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.
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Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at https://berkeleyca.gov/.
Agendas and agenda reports may be accessed via the Internet at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas
and may be read at reference desks at the following locations:
City Clerk Department - 2180 Milvia Street, First Floor
Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901
Email: clerk@cityofberkeley.info
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To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (510) 981-6418 (V) or (510) 981-6347 (TDD) at least three business days before the meeting date.
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Captioning services are provided at the meeting, on B-TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
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I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on June 15, 2023.
Mark Numainville, City Clerk
Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
Item #49: Public Hearing on Zero Waste Five-Year Rate Schedule
- Gail Greenwood
- Sabina McMurtry
- Mariane Conchita Ferme
- Gerhard Blendstrup
- Barbara Gilbert
- Keith Winnard
- Michelle Falise
- Dorothea Dorenz
- Gran Haselsteiner
- Glen Hauer
- Robert Lauriston
- Keith Winnard
Police Accountability Board (PAB)
- Councilmember Humbert
BART Development
- Lana Golden
- Victoria Kahn
- Carol Hirth
The Multicultural Institute
- Eduardo Rosas
$100,000 Budget Referral for Harold Way Schematic Design
- Downtown Berkeley Association
Elliott Halpern’s Memorial Program
- Boona cheema
- Councilmember Harrison
Abatement Notice: 1510 Rose Street #A
- Sara Kershnar
Crime and Safety in Berkeley
- Judy Bertelsen
- Cara and Brad
- Alexander Merenkov
- Eric Friedman
BUSD Students Are Climate Scholars?
- Walter Wood
Disability Commissions Meeting Locations and Zoom
- Kelly Hammargren
Cities Charge for Responding to DUI Accidents
- David Lerman
Marina Docks in Need of Replacement
- Dan Bohn (2)
Gender Disparities in City Contracting
- Commission on the Status of Women
Ferry Idea
- Dorothea Dorenz
U Visa Processes
- Prerna Lal
Work on 9th Street
- Margret Elliott
Bird Safe Windows
- Barbara Gilbert
Repaving Hopkins Corridor and more
- Edward Opton
- Ross Bernet
- Phyllis Orrick
- Lucy Laird
- Helen Hallberg
- Lee Bishop
- Marcus Daniels
- Jordan Burns
- Pablo Diza-Gutierrez
- Cindi Goldberg
- Howard Goldberg
- Carol Hirth
- Marc Hedlund
- Julia Moss
- Laura Fujii
- Lisa Chow
- Ray Freeman
- Walter Wood
- Nancy Rader
- Henry Pinkard
- David Gilbert
- Barry Fike
- Alyssa Plese
- Heath Maddox
- Leni Siegel
- Matt Weber
- David Shere
- Cathy Edwards
- Tom Lent
- Diane Garcia
- Derrick Johnson
- Bill Hoffmann
- Sheila Newbery
- Corey Busay
- Tracee Farrell
- Max Gara
- S. Entwistle
- Donna DeDiemar
Bus Transit Development Along University Avenue
- Nicola Spence and Hans Reinhardt, owners of Alpha Design Custom Furniture
Homelessness Solutions via the City of Houston
- Bryan Bowman
Disgruntled
- Steve Byerly
Rights Are Based On Me
- Benjamin Stein
MLK Civic Center Park
- Erik Fowle
Horse Racing Deaths
- Carole Kalous
- Wanda Warkentin
Cell Tower at 1321 Gilman Street
- Carol Hirth
URL’s Only
- Vivian Warkentin (3)
- Bob Flasher
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.
- Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.
- Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.
- Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.