Tuesday, February 8, 2022 ANNOTATED AGENDA Page 1
ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, February 8, 2022
6:00 PM
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 – LORI DROSTE
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH
VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID -19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.
Live audio is available on KPFB Radio 89.3. Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx .
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Please be mindful that the teleconference will be recorded as any Council meeting is recorded, and all other rules of procedure and decorum will apply for Council meetings conducted by teleconference or videoconference.
To submit a written communication for the City Council’s consideration and inclusion in the public r ecord, email [email protected]
.
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. 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.
Tuesday, February 8, 2022 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 6:05 p.m.
Present: Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin
Absent: None
Ceremonial Matters:
1. Recognition of Service for Vice-Mayor Droste
2. Adjourned in Memory of Gene Ransom, Local Activist and Coach City Manager Comments: None
Public Comment on Non-Agenda Matters: 10 speakers.
Consent Calendar
Action: M/S/C (Arreguin/Hahn) to:
1) accept an urgency item from Councilmember Taplin pursuant to Government Code Section 54954.2(b)(2) entitled Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember, including up to $250 from Councilmember Taplin, to support the Malcolm X Elementary PTA’s Read-a-thon program with funds relinquished to the City’s general fund; and 2) to accept an urgency item from Councilmember Hahn pursuant to Government Code Section 54954.2(b)(2) entitled Grant Application on behalf of the Commission on the Status of Women (COSOW) to support COSOW and City of Berkeley Priorities.
Vote: All Ayes.
Public Comment on Consent Calendar and Information Items Only: 29 speakers.
Action: M/S/C (Arreguin/Harrison) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
Recess: 7:57 p.m. – 8:07 p.m.
Consent Calendar
Tuesday, February 8, 2022 ANNOTATED AGENDA Page 3
Urgency Item: Malcolm X Elementary Read-a-thon: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember, including up to $250 from Councilmember Taplin, to support the Malcolm X Elementary PTA’s Read-a-thon program with funds relinquished to the City’s general fund.
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmembers Harrison and Bartlett added as co-sponsors. Adopted Resolution No. 70,205–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Bartlett - $250; Councilmember Robinson - $150; Councilmember Hahn - $200; Councilmember Wengraf - $200
Urgency Item: Grant Application on behalf of the Commission on the Status of Women (COSOW) to support COSOW and City of Berkeley Priorities Recommendation: Adopt a Resolution authorizing the City Manager or her designee to (1) submit a grant application in the amount of up to $250,000 to the California Commission on the Status of Women and Girls to support COSOW and City of Berkeley priorities, (2) accept any grants, and (3) execute any resulting grant agreements and any amendments; and, subject to securing the grant, authorizing implementation of the grant-funded projects and appropriation of funding for related expenses.
Contact: Sophie Hahn, councilmember, District 5, (510) 981-7150 Action: Adopted Resolution No. 70,206–N.S.
1. Commission Reorganization: Creating the Environment and Climate Commission
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,796-N.S. adding Berkeley Municipal Code Chapter 3.82 to create the Environment and Climate Commission (ECC).
First Reading Vote: All Ayes.
Financial Implications: See report.
Contact: Jordan Klein, Planning and Development, (510) 981-7400
Action: Adopted second reading of Ordinance No. 7,796–N.S.
Consent Calendar
Tuesday, February 8, 2022 ANNOTATED AGENDA Page 4
2. Response to City Council Action on October 26, 2021 regarding Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,797-N.S. a local Accessory Dwelling Unit (ADU) Ordinance [Berkeley Municipal Code (BMC) Chapter
23.306] and amendments to relevant Defined Terms [BMC Chapter 23.502.020] in the Zoning Ordinance.
First Reading Vote: All Ayes.
Financial Implications: See report.
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,797–N.S.
3. Response to City Council Action on October 26, 2021 regarding Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance to Address Public Safety Concerns
From: City Manager
Recommendation: Adopt second reading of Ordinance No.7,799-N.S. a local ordinance enacting Chapter 12.99 (Accessory Dwelling Units in Wildfire Hazard Areas) and amending Chapter 23.306.
Financial Implications: None
First Reading Vote: All Ayes.
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,799–N.S. as revised in Supplemental Communications Packet #1 from the City Manager.
4. Lease and Cooperative Agreement: Downtown Berkeley Bike Station From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,798-N.S. authorizing the City Manager to execute a lease agreement with BART for retail space at the Center Street Garage for a fifteen-year lease term commencing February 1, 2021, and expiring on January 31, 2036.
Financial Implications: See report.
First Reading Vote: All Ayes.
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted second reading of Ordinance No. 7,798–N.S.
Consent Calendar
Tuesday, February 8, 2022 ANNOTATED AGENDA Page 5
5. 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, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, November 9, 2021, and December 14, 2021.
Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,207–N.S.
6. Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference
From: City Manager
Recommendation: Adopt a Resolution making the required findings pursuant to Government Code Section 54953(e)(3) and determining that as a result of the continued threat to public health and safety posed by the spread of COVID-19, City legislative bodies shall continue to meet via videoconference and teleconference, initially ratified by the City Council on September 28, 2021, and subsequently reviewed and ratified on October 26, 2021 November 16, 2021, December 14, 2021, and January 10, 2022.
Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,208–N.S.
7. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on February 8, 2022
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: $4,468,611.
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.
Consent Calendar
Tuesday, February 8, 2022 ANNOTATED AGENDA Page 6
8. Contract - O2X for Public Safety Wellness Programming From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with 02X Human Performance LLC (Contractor) to provide a physical and mental wellness program for the Berkeley Fire & Police Departments (Departments) for a four (4) year base contract period that starts February 9, 2022 and ends on February 8, 2026 in an amount not to exceed $2,712,145 with an option to extend for up to six (6) additional years in two (2) year increments for a total of ten (10) years and not to exceed a total contract amount of $7,948,612.
Financial Implications: See report.
Contact: Abe Roman, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,209–N.S.
9. Contract – Wildland Res Mgmt. for Community Wildfire Protection Plan (CWPP) From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Wildland Res Mgmt. (Contractor) to provide Community Wildfire Protection Plan and associated analytics for the Berkeley Fire Department (Department) for an initial base contract period of one year, from February 9, 2022 to February 8, 2023 in an amount not to exceed $200,000 with an option to extend for an additional four years in two-year increments and a total not to exceed $400,000.
Financial Implications: See report.
Contact: Abe Roman, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,210–N.S.
10. Adopt a Resolution Approving Exception to the 180-Day Waiting Period to Hire a CalPERS Retired Annuitant in Accordance With Government Code Sections 7522.56 And 21224
From: City Manager
Recommendation: Staff respectfully recommends that the City Council adopt a resolution approving an exception to the 180-day waiting period for hiring a retired annuitant as an extra-help employee.
Financial Implications: See report.
Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: Item removed from the agenda by the City Manager.
Consent Calendar
Tuesday, February 8, 2022 ANNOTATED AGENDA Page 7
11. Contract No. 31900207 Amendment: Recruiting Advertising and Marketing Strategy for the Berkeley Police Department
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 31900207 with Epic Recruiting, to provide additional recruiting and advertising services for police and professional staff vacancies, in an amount not to exceed $120,000 for a total contract amount not to exceed $310,000, and extending the term through April 30, 2023.
Financial Implications: General Fund - $120,000
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 70,211–N.S.
12. Resolution supporting immigration reform for the U.S.
From: Peace and Justice Commission
Recommendation: Adopt a Resolution: 1. Urging President Biden to honor his promise for a humane immigration policy; 2. Calling for a departure from the previous administration’s cruelty toward migrant, for protections from deportation, and for a path to permanent residency for protected groups including beneficiaries of DACA, TPS, and DED; 3. Requesting closure of three California ICE detention facilities cited for many rights violations. Copies of this resolution should be sent to President Biden and Berkeley’s congressional delegation.
Financial Implications: None
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100 Action: Adopted Resolution No. 70,212–N.S.
13. Resolution in Support of Justice for Haitian Refugees From: Peace and Justice Commission
Recommendation: Adopt a Resolution calling for an end to all U.S. government deportation efforts against Haitian refugees. Send a letter with the enclosed resolution to President Biden, Senators Feinstein and Padilla, and Congresswoman Barbara Lee.
Financial Implications: Staff time.
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100 Action: Adopted Resolution No. 70,213–N.S.
14. Normalize Diplomatic and Economic Relations with Cuba From: Peace and Justice Commission
Recommendation: Adopt a Resolution supporting normalization of diplomatic and economic relations between the U.S. and Cuba, initiated by Cuba solidarity organizations in the U.S. Send a letter with the enclosed resolution to President Biden, Secretary of State Antony Blinken, Senators Feinstein and Padilla, and Congresswoman Barbara Lee.
Financial Implications: Staff time.
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100 Action: Adopted Resolution No. 70,214–N.S.
Consent Calendar
Tuesday, February 8, 2022 ANNOTATED AGENDA Page 8
15. Japanese American Day of Remembrance
From: Peace and Justice Commission
Recommendation: 1. Adopt a Resolution calling on leaders to denounce anti-Asian racism, and for the City to collaborate with AAPI communities and community-based organizations to promote community building and safety, and to address systemic barriers for reporting anti-Asian hate crimes. 2. Adopt in perpetuity February 19 as the Japanese American Day of Remembrance in Berkeley in recognition of the mass incarceration of Japanese Americans and Japanese Latin Americans during World War II.
Financial Implications: Staff time.
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100 Action: Adopted Resolution No. 70,215–N.S.
Council Consent Items
16. Budget Referral and Resolution Establishing City Process for Siting and Developing Public Electric Vehicle DC Fast-charging Hubs From: Councilmember Harrison (Author), Mayor Arreguin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Wengraf (Co-Sponsor) Recommendation:
1. Adopt a Resolution in support of a non-binding term sheet between the City of Berkeley and East Bay Community Energy (EBCE) to establish a network of publicly available electric vehicle (EV) fast-charging hubs in municipally-owned parking lots and garages in areas with a dense concentration of multifamily housing.
2. Refer to the June, 2022 FY 23-24 budget process $600,000 in General Fund revenues to fund Berkeley’s annual maximum Service Fee of $100,000/year per fast- charging hub for three hubs. Once revenues from charging exceed the annual service fee, a portion of revenues will be remitted to the City. Over the 10-year agreement, the City will realize a net gain. Under either a low and high hub utilization scenario, EBCE estimates the City will likely see net profits from Site License Agreement revenue over the ten years estimated at between $50,000 and $851,000.
In addition, EBCE estimates that the City is already on track to realize an additional $400,000-$600,000 in Utility User Tax proceeds annually over next 2-3 years under the Renewable 100 portfolio, and that number could grow to up to $1.3 million per year by 2025 assuming EV adoption goals are met.
Financial Implications: See report.
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Moved to Action Calendar. 6 speakers. M/S/C (Hahn/Arreguin) to adopt Resolution No. 70,216–N.S.
Vote: All Ayes.
Action Calendar
Tuesday, February 8, 2022 ANNOTATED AGENDA Page 9
17. Berkeley’s 2019 Community-Wide Greenhouse Gas Emissions Inventory (Continued from November 30, 2021)
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: 8 speakers. Presentation made and discussion held.
Action Calendar – Public Hearings
18. ZAB Appeal: 2956 Hillegass Avenue Use Permit #ZP2021-0068 From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Zoning Permit #ZP2021-0068 for the addition of a 170 square foot third-floor balcony to the rear of an existing three-story 2,834 square foot single-family dwelling on a 2,754 square foot lot that is non-conforming to lot coverage.
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400
Public Testimony: The Mayor opened the public hearing. 2 speakers.
M/S/C (Arreguin/Wengraf) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Hahn/Wengraf) to adopt Resolution No. 70,217–N.S.
Vote: All Ayes.
Information Reports
19. Update on Berkeley’s Redistricting Process for City Council Districts From: City Manager
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Received and filed.
20. Healthy Checkout Ordinance Protocols
From: City Manager
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Received and filed.
Public Comment – Items Not Listed on the Agenda - 6 speakers.
Adjournment
Adjourned at 11:00 p.m.
Tuesday, February 8, 2022 ANNOTATED AGENDA Page 10
Communications
ADU’s
1. Jeff White
Alameda County Rent Moratorium
2. Bruce Dodd
Buena Vista Way Repaving
3. Val Cipollone
4. Stefano Della Vigna
City Mobility Improvement
5. Gail Burke (2)
COVID-19
6. Troy Ault
EBCE Community Advisory Committee
7. Newsletter
Homeless
8. Diana
January 18, 2022 Council Meeting
9. Barbara Gilbert (2)
Marin and Spruce
10. Diana Damonte
Plastic Bag Ordinance
11. Jessica Mitchell
Redistricting
12. Jack Kurzweil
13. Sabina McMurtry
RV’s
14. Charlene Washington
Stopwaste
15. David Lerman
Tenant Advocacy
16. Robin Fletcher
Tire Replacement
17. Catherine Woolf
Tuesday, February 8, 2022 ANNOTATED AGENDA Page 11
UA Homes
18. Benjamin Hubbel
Unfunded CalPERS Liability
19. David Lerman
Supplemental Communications and Reports 1
Item #2: Response to City Council Action of October 26, 2021 Regarding Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance
20. Devin Rand-Giovannetti
21. Sheryl Drinkwater
22. Ila Rosenzweig
23. John Litten
24. Shawna Hartman Brotsky
25. Don Read
26. Fan Albritton
27. Thea Daniels
28. Rita Maran
29. Dalia Nagel
30. David Jaffe
31. Jamie Greenwood
32. Jeanette and Jim Cottle
Item #3: Response to City Council Action of October 26, 2021 Regarding Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance to Address Public Safety Concerns
33. Supplemental material, submitted by Planning
Item #12: Resolution Supporting Immigration Reform for the U.S.
34. Diana Bohn
Item #18: ZAB Appeal: 2956 Hillegass Avenue Use Permit #ZP2021-0068
35. Mollie and Adam Starr
Item #19: Update on Berkeley’s Redistricting Process for City Council Districts
36. Michael Weber
37. Max Ventura
38. Judy Grether
39. Summer Brenner
40. Kitty Calavita
41. Holly Scheider
Supplemental Communications and Reports 2
• None
Tuesday, February 8, 2022 ANNOTATED AGENDA Page 12
Supplemental Communications and Reports 3
Item #17: Berkeley’s 2019 Community-Wide Greenhouse Gas Emissions Inventory
42. Presentation, submitted by Planning and Development Information Reports
Item #20: Healthy Checkout Ordinance Protocols
43. Ingrid De Santiago, on behalf of Healthy Options at Point of Sale
Urgent Item: Malcolm X Elementary Read-A-Thon: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds
44. Time critical item, submitted by Councilmember Taplin
Urgent Item: Grant Application on behalf of the Commission on the Status of Women (COSOW) to support COSOW and City of Berkeley Priorities
45. Urgent item, submitted by Councilmember Hahn