Tuesday, April 26, 2022 ANNOTATED AGENDA Page 1
ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, April 26, 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 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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To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected]
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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, April 26, 2022 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 7:21 p.m.
Present: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin
Absent: Bartlett
Councilmember Bartlett present at 7:24 p.m.
Ceremonial Matters:
1. Declaration of Dan Dean Day in Berkeley in Memory of Dan Dean, Educator and Activist City Manager Comments:
1. Presentation on changes to the City’s website
Public Comment on Non-Agenda Matters: 10 speakers.
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 19 speakers.
Action: M/S/C (Arreguin/Robinson) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
Recess Items
1. Contract No. 32000225 Amendment: Rebecca Burnside for Personnel Investigations
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 32000225 with Rebecca Burnside for Personnel Investigations by increasing the contract amount by $151,000 for a new not to exceed amount of $200,000.
Financial Implications: See report
Contact: Abe Roman, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,307–N.S.
Consent Calendar
Tuesday, April 26, 2022 ANNOTATED AGENDA Page 3
2. Collection of Parking Space Rental Tax for City Owned Parking Lots; and Amending BMC Section 6.24.050
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,806-N.S. amending BMC 6.24.050 to allow Parking Space Rental Tax to be placed in the general fund instead of a special fund.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Paul Buddenhagen, City manager’s Office, (510) 981-7000 Action: Adopted second reading of Ordinance No. 7,806-N.S.
3. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of March 8 (closed and regular), March 10 (special), March 15 (special-5 pm and special-6 pm), March 22 (closed, special and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.
4. Acceptance of Funding from University of California, Berkeley for Operations of the Rodeway Inn
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept a $2,200,000 donation from the University of California, Berkeley to support 6 months of operations at the Rodeway Inn for the noncongregate sheltering of people experiencing homelessness at People’s Park.
Financial Implications: One-Time Grant: No Capital Expenditures Fund - $2,200,000 (Donation)
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,308–N.S.
5. Contract: Abode Services to Operate Interim Housing at the Rodeway Inn From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Abode Services to operate an interim housing program at the Rodeway Inn (1461 University Ave.) in an amount not to exceed $3,993,397 for the period of May 1, 2022 to October 31, 2023.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,309–N.S.
Consent Calendar
Tuesday, April 26, 2022 ANNOTATED AGENDA Page 4
6. Urgency Ordinance for Leasing the Real Property at 1461 University Avenue From: City Manager
Recommendation: Adopt an Urgency Ordinance to enter into a lease for the real property located at 1461 University Avenue, Berkeley for a term of 18 months.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Urgency Ordinance No. 7,807-N.S. adopted.
7. Contract: Village of Love for Operation of the Telegraph Neighborhood Sacred Rest Drop-In Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Village of Love to operate a daytime drop-in center for people experiencing homelessness, in an amount not to exceed $250,000 for the term of June 1, 2022 – May 31, 2023.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,310–N.S.
8. Endorsement of the Alameda County Home Together 2026 Implementation Plan
From: City Manager
Recommendation: Adopt a Resolution endorsing the Home Together 2026 Implementation Plan, a community-wide plan for Alameda County which lays out the goals, strategies and investments needed to dramatically reduce homelessness – and reduce racial disparities in the homeless population – by 2026.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,311–N.S.
9. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on April 26, 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: Various Funds - $10,914,400
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.
Consent Calendar
Tuesday, April 26, 2022 ANNOTATED AGENDA Page 5
10. Contract: Fire Aside for Defensible Space Inspection Software From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Fire Aside to provide a mobile vegetation inspection software solution for the Fire Department from May 18, 2022 to May 17, 2024 in an amount not to exceed $60,000 with an option to extend for an additional four years, for a total contract amount not to exceed $160,000.
Financial Implications: Measure FF Funds - $160,000
Contact: Abe Roman, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,312–N.S.
11. Commission Reorganization for Post-COVID-19 Budget Recovery: Community Health Commission
From: City Manager
Recommendation: Adopt the first reading of an Ordinance to revise Municipal Code Sections 3.76.010 to 3.76.040 which establishes the Community Health Commission in order to change Commission membership to include nine (9) people and consolidate the functions of the Commission from ten overlapping and redundant functions to a more concise 4 functions.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted first reading of Ordinance No. 7,808-N.S. Second reading scheduled for May 10, 2022.
12. Contract No. 110062 Amendment: Pacific Site Management From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 110062 with Pacific Site Management, increasing the total contract amount by $76,648 for a total contract amount not to exceed $432,470, and extending the term to June 30, 2023 for landscaping services at Public Health Division, Aging Services Division, and Mental Health Division facilities.
Financial Implications: Various Funds - $76,648
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,313–N.S.
Consent Calendar
Tuesday, April 26, 2022 ANNOTATED AGENDA Page 6
13. Contract No. 31900203 Amendment: Resource Development Associates for Crisis Assessment and Triage Line Evaluation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900203 with Resource Development Associates for evaluation consulting services, extending the term to June 30, 2023 and increasing the contract by $19,350 for a total amount not to exceed $82,350.
Financial Implications: One-Time Grant: No Capital Expenditures Fund - $19,350 Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,314–N.S.
14. Grant Application: the Surrendered and Abandoned Vessel Exchange (SAVE) grant program of the California Division of Boating & Waterways From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to: 1) apply for and accept a grant in the amount of $60,000 from the California Division of Boating & Waterways (DBW) Surrendered and Abandoned Vessel Exchange (SAVE) grant program for the removal and disposal of anticipated abandoned vessels located at the Berkeley Marina; 2) Execute any amendments; and 3) Authorize a local match contribution of $6,000.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,315–N.S.
15. Contracts: Association for Energy Affordability, BlocPower, Ecology Center, Northern California Land Trust, and Waterside Workshops for Climate Equity Fund Pilot Programs
From: City Manager
Recommendation: Adopt five Resolutions authorizing the City Manager to award contracts and execute any amendments, extensions, or change orders with: 1) Association for Energy Affordability in an amount not to exceed $83,334; 2) BlocPower in an amount not to exceed $83,333; 3) Ecology Center in an amount not to exceed $100,000; 4) Northern California Land Trust in an amount not to exceed $83,333; and 5) Waterside Workshops in an amount not to exceed $250,000 to develop Climate Equity Fund Pilot Programs; for a cumulative amount of all contracts not to exceed $600,000, for the period of May 1, 2022 to May 31, 2024.
Financial Implications: Climate Equity Action Fund - $600,000 Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 70,316–N.S. (AEA), Resolution No. 70,317–N.S. (BlocPower), Resolution No. 70,318–N.S. (Ecology), Resolution No. 70,319–N.S. (NCLT), and Resolution No. 70,320–N.S. (Waterside).
Consent Calendar
Tuesday, April 26, 2022 ANNOTATED AGENDA Page 7
16. Contract: Diablo Engineering Group for Preliminary Engineering and Final Design for the Ohlone Greenway Modernization and Safety Project From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Diablo Engineering Group for Preliminary Engineering and Final Design for the Ohlone Greenway Modernization and Safety project, for a not-to-exceed amount of $220,000, plus an additional not-to-exceed amount of $14,000 for any as-needed additional project-related services as directed by the City’s Project Manager, for a total not-to-exceed contract amount of $234,000, for the period June 1, 2022 through December 31, 2024.
Financial Implications: Various Funds - $550,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,321–N.S.
17. Contract: ParkMobile, LLC for Mobile Parking Payment Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a three-year contract and any amendments with ParkMobile, LLC, to provide mobile parking payment at on-street meters and reservations at parking garages in an amount not to exceed $300,000 for the period July 1, 2022 through June 30, 2025.
Financial Implications: Parking Meter Fund - $300,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,322–N.S.
18. Contract No. 9977B Amendment: Portable Computer Systems dba PCS Mobile for Parking Permit and Citation Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9977B with Portable Computer Systems dba PCS Mobile increasing the contract amount by $225,000, for a total amount not-to-exceed $2,050,000 and extending the term through June 30, 2024.
Financial Implications: Parking Meter Fund - $225,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,323–N.S.
19. Contract No. 117441-1 Amendment: Chrisp Company for Roadway Thermoplastic Markings
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 117441-1 with Chrisp Company to extend the contract term by two years to June 30, 2024, with an option for up to three additional one-year extensions.
Financial Implications: None
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,324–N.S.
Consent Calendar
Tuesday, April 26, 2022 ANNOTATED AGENDA Page 8
20. Contract No. 31900047 Amendment: Pavement Engineering Inc. for On-Call Civil Engineering and Construction Management Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900047 with Pavement Engineering Inc. for on-call civil engineering services, increasing the contract amount by $1,000,000 for a total not-to-exceed amount of $3,500,000 and extending the term of the contract from June 30, 2022 to December 31, 2023.
Financial Implications: Various Funds - $1,000,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,325–N.S.
21. Lease Amendment: Options Recovery Lease of City Property 1835 Allston Way From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute an Amendment to the Lease Agreement with Options Recovery Services for the Old City Hall Annex Building located at 1835 Allston Way. The lease provides for a total of two options to renew for five (5) year terms. This first option period shall commence (retroactively) on January 1, 2020, and end on December 31, 2024.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted first reading of Ordinance No. 7,809-N.S. Second reading scheduled for May 10, 2022.
22. Purchase Order: Western Truck Center for Four Front Loaders From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City to participate in Sourcewell contract bid procedures, and authorizing the City Manager to execute a purchase of four (4) Front Loaders with Western Truck Center in an amount not to exceed $1,731,000.
Financial Implications: Equipment Replacement Fund - $1,731,000 Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,326–N.S.
Council Consent Items
Tuesday, April 26, 2022 ANNOTATED AGENDA Page 9
23. Bay Area Book Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1068 from Mayor Arreguin, to the Bay Area Book Festival for the purposes of covering costs associated with personal protective equipment (PPE), with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin.
Financial Implications: Mayor’s Discretionary Funds - $1,068 Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,327–N.S.
24. Budget Referral: Housing Retention Fund
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Refer to the Fiscal Year 2023 budget process an allocation of $1 million from the American Rescue Plan Act (ARPA) funds to the Eviction Defense Center to supplement the Housing Retention Program, including COVID-19 emergency grants.
Financial Implications: American Rescue Plan Act Fund - $1,000,000 Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Approved recommendation.
25. Budget Referral: Expand Scope of the Downtown Streets From: Councilmember Kesarwani (Author)
Recommendation: Referral to the City Manager and the FY 2022-23 budget process $50,000 annually to expand the scope of services for the Downtown Streets Team to address the need for enhanced services around commercial and industrial areas in the Gilman District twice weekly.
The Gilman District is defined as the commercial area west of San Pablo Avenue to Eastshore Highway and, on the south, Gilman Street north to the Albany border.
Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 Action: Approved recommendation as revised material in Supplemental Communications Packet #1 from Councilmember Kesarwani. Councilmember Bartlett added as a co-sponsor.
Council Consent Items
Tuesday, April 26, 2022 ANNOTATED AGENDA Page 10
26. Convert 62nd Street Between King St, and Adeline St. Into a Cul de Sac with a Marked Bicycle Lane Connecting Adeline St. to the Bicycle Boulevard on King St.
From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor) Recommendation: Refer to the Fiscal Year 2022/2023 Budget Process, an allocation of $300,000 to convert 62nd Street between King St. and Adeline St. into a cul de sac with a marked bicycle lane connecting Adeline St. to the bicycle boulevard on King St.
Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Approved recommendation.
27. Adopt a Resolution in Support of California State Assembly Bill 2557 (Bonta):
Specifying That Records of Civilian Law Enforcement Oversight Agencies Are Subject to the Disclosure Requirements of the Public Records Act From: Councilmember Harrison (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution in support of California State Assembly Bill 2557 (Bonta) that specifies that records and information obtained from records of civilian law enforcement oversight agencies are subject to the disclosure requirements of the public records act and not considered confidential. Send copies of the resolution and letters to Governor Newsom, State Senator Skinner, and Assemblymembers Wicks and Bonta.
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 70,328–N.S.
28. Budget Referral for Accessibility Renovations for Luna Dance Institute From: Councilmember Hahn (Author), Mayor Arreguin (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Harrison (Co-Sponsor) Recommendation: Refer a grant of $150,000 for the benefit of Luna Dance Institute to the FY2023-2024 budget process to support the renovation of 931 Ashby Avenue and create a fully accessible, permanent dance education center for children, families, artists, teachers and the public. Funds will be directed to accessibility upgrades allowing the new Luna center to become Berkeley’s first and only 100% ADA accessible studio, rehearsal, performance, and teaching space.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Approved recommendation as revised in Supplemental Communications Packet #1 from Councilmember Hahn.
Council Consent Items
Tuesday, April 26, 2022 ANNOTATED AGENDA Page 11
29. Budget Referral: Hopkins Corridor Bike, Pedestrian, and Placemaking Improvements
From: Councilmember Hahn (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Robinson (Co-Sponsor)
Recommendation: Refer $300,000 to the FY 2023-2024 budget process, with $150,000 in FY 2023 and $150,000 in FY 2024, for bike, pedestrian, and streetscape improvements to be implemented in coordination with protected bike lanes, pedestrian safety features, and re-paving of the Hopkins Corridor.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Approved recommendation.
30. Co-Sponsorship and Budget Referral for the Solano Avenue Stroll From: Councilmember Hahn (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Harrison (Co-Sponsor)
Recommendation: 1. Adopt a Resolution for the City of Berkeley to Co-Sponsor the Solano Avenue Association’s 2022 and 2023 Solano Avenue Stroll events, currently scheduled for Sunday, September 11, 2022 and Sunday, September 10, 2023, taking place on Solano Avenue in both Berkeley and Albany; and
2. Resolve to provide in-kind City services previously provided at no cost to the Solano Stroll, including but not limited to police, fire, zero waste, and public works, at no cost to the September 2022 and 2023 Solano Stroll events, and allocate $20,000 per year for FY 2023 and 2024 ($40,000 total) for the Solano Avenue Stroll, to support the September 2022 and 2023 Stroll events.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: 1. Adopted Resolution No. 70,329–N.S.; and 2. Refer the allocation for Fiscal Year 2023 to the City Manager for inclusion in the 2 nd Amendment to the
Annual Appropriations Ordinance on May 10, 2022; and refer the FY 2024 allocation to the biennial budget process. (Supplemental material in Supplemental Communications Packet #1 from Councilmember Hahn renaming the item “Co- Sponsorship and Budget Referral Allocation for the Solano Avenue Stroll” to more accurately reflect the item recommendation and resolution.) Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – Droste.
Council Consent Items
Tuesday, April 26, 2022 ANNOTATED AGENDA Page 12
31. Support for AB 2234: Postentitlement Permit Streamlining From: Councilmember Robinson (Author)
Recommendation: Send a letter to Assemblymember Robert Rivas, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of Assembly Bill 2234, which would require local governments to adopt modernizations to the postentitlement phase permitting process.
Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Mayor Arreguin and Councilmember Taplin added as co-sponsors.
Approved recommendation.
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" f unction 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 – New Business
32. Issuance of $40,000,000 General Obligation Bonds for Measure O – Affordable Housing
From: City Manager
Recommendation: Adopt a Resolution authorizing the issuance and sale of general obligation bonds to finance acquisition and improvement of affordable housing and authorizing actions related thereto.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: 0 speakers. M/S/C (Arreguin/Wengraf) to adopt Resolution No. 70,330–N.S.
Item includes Supplemental material in Supplemental Communications Packet #2 from the City Manager.
Vote: All Ayes.
Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. This is followed by five -minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak use the "raise hand" function to be recognized and to determine the number of persons interested in speaking at that time.
Action Calendar – Public Hearings
Tuesday, April 26, 2022 ANNOTATED AGENDA Page 13
Up to ten (10) speakers may speak for two minutes. If there are more than ten persons intereste d in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker.
The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.
Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.
33. ZAB Appeal: 1643-1647 California Street, Use Permit #ZP2021-0001 From: City Manager
Recommendation: Conduct a public hearing, and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit #ZP2021-0001 to: 1) create a new lower basement level, 2) construct a new second story, and 3) modify the existing duplex layout resulting in a 3,763 square foot duplex on an existing property, and dismiss the appeal.
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400
Public Testimony: The Mayor opened the public hearing. 7 speakers.
M/S/C (Arreguin/Harrison) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Kesarwani/Arreguin) to adopt Resolution No. 70,331–N.S. to remand the project to the Zoning Adjustments Board to consider the Housing Accountability Act implications and the applicability of the Rent Stabilization Ordinance to the property.
Vote: All Ayes.
Action Calendar – Public Hearings
Tuesday, April 26, 2022 ANNOTATED AGENDA Page 14
34. Zoning Ordinance Amendments that Address Technical Edits and Corrections to Berkeley Municipal Code (BMC) Title 23
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt first reading of an Ordinance containing technical edits, corrections and other non- substantive amendments to the following sections of the new Zoning Ordinance:
BMC Section 23.326.030 (Eliminating Dwelling Units through Demolition) BMC Section 23.204.020 (Allowed Land Uses)
BMC Section 23.204.100 (C-SA Zoning District)
BMC Section 23.204.110 (C-T Zoning District)
BMC Section 23.204.130 (C-DMU District)
BMC Section 23.204.140 (C-W Zoning District)
BMC Section 23.206 (Manufacturing Districts)
BMC Section 23.302.040 (Home Occupations)
BMC Section 23.304.060 (Accessory Buildings and Enclosed Accessory Structures) BMC Section 23.322.030 (Required Parking Spaces)
BMC Section 23.502.020 (Glossary)
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400
Action: M/S/C (Arreguin/Hahn) to accept revised material from the City Manager on Item 34.
Vote: All Ayes.
Public Testimony: The Mayor opened the public hearing. 0 speakers.
M/S/C (Arreguin/Hahn) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Hahn/Arreguin) to adopt first reading of Ordinance No. 7,810-N.S. as revised in the revised materials submitted by the City Manager and further revised in Section 3 and Section 10 as read into the record by Planning staff. Second reading scheduled for May 10, 2022.
Vote: All Ayes.
Action Calendar – Public Hearings
Tuesday, April 26, 2022 ANNOTATED AGENDA Page 15
35. Submission of the Program Year 2022 (FY 2023) Annual Action Plan Containing Allocations of Federal Funds
From: City Manager
Recommendation: Conduct a public hearing on the federal Program Year (PY) 2022 Annual Action Plan (AAP) for federal Housing and Urban Development Department (HUD) funds, including the allocation of federal funding for community agencies and, upon conclusion, adopt a Resolution: 1. Approving proposed funding allocations under the PY 2022 Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and Home Investment Partnerships Program (HOME); 2. Authorizing the execution of resultant agreements and amendments with community agencies for the above-mentioned funds; 3. Allocating 10% for HOME program administration, up to 5% to support Community Housing Development Organization (CHDO) operations, and the remaining (approximately 85%) of the PY 2022 HOME funds to the Housing Trust Fund; 4. Allocating 20% of the PY 2022 CDBG funds to Planning and Administration, up to 17.83% for public services, and the remaining to be distributed to Housing Services and Public Facility Improvements as outlined in Exhibit A with the Public Facility Improvements being a flexible line item should the HUD allocation, program income, or earlier unused funds, be more or less than estimated; 5. Allocating $377,404 of the PY 2022 CDBG Public Facility Improvements program funding to the Fred Finch Youth Center Turning Point Facility, and an additional 10% for contingencies, for a total of $415,144, as long as the HUD allocation and/or program income and earlier unexpended funds result in at least $100,000 in additional funding for the facility Notice of Funding Availability (NOFA); 6. Allocating the allowable 7.5% of the PY 2022 ESG to Administration, $6,676 to the HMIS system, up to the allowable 60% to emergency shelter/street outreach, and the remaining amount to Rapid Rehousing as outlined in Exhibit A; 7.
Authorizing staff to finalize the PY 2022 Annual Action Plan for submission to the U.S. Department of Housing and Urban Development, including the planned expenditures of HUD funds, required HUD application forms and certifications, and all other HUD-required information; and 8. Authorizing the City Manager to execute and submit all documents necessary to receive the City’s entitlement grants under the CDBG, ESG, and HOME Programs.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400
Public Testimony: The Mayor opened the public hearing. 1 speaker.
M/S/C (Arreguin/Robinson) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Arreguin/Wengraf) to adopt Resolution No. 70,332–N.S.
Vote: All Ayes.
Action Calendar – Old Business
Tuesday, April 26, 2022 ANNOTATED AGENDA Page 16
36. Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code (Continued from March 22, 2022. Item contains supplemental materials.) From: City Manager
Recommendation: Adopt a Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code.
Financial Implications: None
Contact: Jennifer Louis, Police, (510) 981-5900, LaTanya Bellow, City Manager's Office, (510) 981-7000
Action: Item 36 continued to May 10, 2022.
Action Calendar – New Business
37. Hopkins Corridor Project Conceptual Design
From: City Manager
Recommendation: Adopt a Resolution approving the conceptual design for the Hopkins Corridor Project on Hopkins Street between Sutter Street and Gilman Street, and directing the City Manager to direct staff to proceed with the detailed engineering design of the project.
Financial Implications: None
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Item 37 continued to May 10, 2022.
38a. Development of Crisis Stabilization Program in Berkeley From: Homeless Commission
Recommendation: The Homeless Commission recommends that City Council refer to the City Manager to develop a crisis stabilization program based on the Bend, Oregon crisis stabilization model, tailored to Berkeley.
Financial Implications: See report
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400
Action Calendar – New Business
Tuesday, April 26, 2022 ANNOTATED AGENDA Page 17
38b. Companion Report: Development of Crisis Stabilization Program in Berkeley From: City Manager
Recommendation: There has been interest expressed by the Homeless Commission and Mental Health Commission in establishing Crisis Stabilization Units (CSU) within the geographical boundaries of Berkeley.
Given the large changes coming to the crisis system in Berkeley, the opportunities to increase the use of the Amber House CSU (which persistently has vacant beds) by Berkeley residents, the significant costs in funding and siting a CSU in Berkeley, the complexities of Medi-Cal billing for a CSU funded by Berkeley, staff do not recommend creating a CSU in Berkeley at this time.
Instead, Berkeley could partner with the Alameda County Behavioral HealthCare (ACBH) Plan and Bay Area Community Services (BACS) on increasing the use of Amber House by Berkeley residents and, over the coming 12-18 months, assess the need for additional options for treatment of individuals experiencing a behavioral health crisis. Data from the coming Peer Respite and Specialized Care Unit (SCU) could support informing a plan for building out that crisis system in Berkeley. It is conceivable that better coordination of referrals to Amber House and a non-licensed crisis support program such as the Peer Respite could meet the need in Berkeley at a significantly reduced cost and with far less difficulty than funding and siting a CSU in Berkeley.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000
Action: Moved Item 38a and 38b to Consent Calendar to adopt the recommendation in Supplemental Communications Packet #2 from Councilmember Taplin as written below.
Refer to the City Manager:
1. To study the feasibility of a Crisis Stabilization Center based on the Deschutes County Health Services model, including contracts with Alameda County Behavioral HealthCare to enable Medicare billing, and to identify and index potential sites in the City of Berkeley available for Crisis Stabilization Center operations; and,
2. In the interim, to partner with Alameda County Behavioral HealthCare and Bay Area Community Services (BACS) on increasing the use of Amber House by Berkeley residents and assess the need for additional options for treatment of individuals experiencing mental health crises, including Peer Respite and Specialized Care Unit (SCU).
Action Calendar – New Business
Tuesday, April 26, 2022 ANNOTATED AGENDA Page 18
39a. Expansion of Storm Shelter Program to Emergencies not Otherwise Covered From: Homeless Commission
Recommendation: The Homeless Commission recommends the Council direct the City Manager to expand the Berkeley Emergency Storm Shelter (BESS) to emergencies not otherwise covered including outside the dates of the current contract with Dorothy Day House.
Financial Implications: See report
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400
39b. Companion Report: Expansion of Storm Shelter Program to Emergencies not Otherwise Covered
From: City Manager
Recommendation: The Homeless Commission’s recommendation to expand the Berkeley Emergency Storm Shelter (BESS) to emergencies not otherwise covered including outside the dates of the current contract with Dorothy Day House addresses a key need for our most vulnerable citizens. Therefore, staff recommends:
1. Referring this recommendation to the budget process; and 2. Referring this recommendation to staff for analysis of feasibility.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Item 39b moved to Consent Calendar. No action taken on Item 39a.
Public Comment – Items Not Listed on the Agenda - 0 speakers.
Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.
Vote: All Ayes.
Adjourned at 10:50 p.m.
Communications
Item #28: Budget Referral for Accessibility Renovations for Luna Dance Institute
1. Diana Bohn
Item #29: Budget Referral: Hopkins Corridor Bike, Pedestrian, and Placemaking Improvements
2. Diane Garcia
3. Farid Javandel, Deputy Director of Public Works
Item #33: ZAB Appeal: 1643-1647 California Street, Use Permit #ZP2021-0001
4. Sunny Grewal, studio g+s Architects
Item #36: Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the
Tuesday, April 26, 2022 ANNOTATED AGENDA Page 19
Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code
5. Michael Chang, Chairperson, Police Accountability Board
Item #38a: Development of Crisis Stabilization Program in Berkeley
6. Mental Health Commission
Road Repair
7. Helga Recke
8. Sheila Jordan
9. Miranda Ewell
10. Margot Smith
11. Sam Saxe-Taller
Climate Change
12. Thomas Lord (3)
13. Jeff W.
Oppose SB 9
14. Stan Goldberg
High Fire Hazard
15. Sally Williams
Berkeley Marina South Sailing Basin Dredging
16. Robert Ofsevit
Establishing a Pilot Existing Building Electrification Installation Incentive
17. Jack Kurzwell, on behalf of the Wellstone Club
Housing
18. Avram Gur Arye
California Theatre Landmark
19. Rebecca Kidd
20. Steven Schuyler
Repatriations
21. Bob Flasher
Pandemic Failed Economic Forecasting
22. Barbara Gilbert
Tenant Opportunity to Purchase Act (TOPA)
23. Ariana Thompson-Lastad
24. Sam Sokolsky
Tuesday, April 26, 2022 ANNOTATED AGENDA Page 20
25. Keith Ray
26. Eva Shu
27. Katie DaQuino
28. Leah Mealey
29. Sylvia Chapman
30. Hector Malvido
31. Commission on Aging
32. 43 similarly-worded form letters
Supplemental Communications and Reports 1
Item #25: Budget Referral: Expand Scope of the Downtown Streets
33. Supplemental material, submitted by Councilmember Kesarwani
Item #28: Budget Referral for Accessibility Renovations for Luna Dance Institute
34. Supplemental material, submitted by Councilmember Hahn
Item #29: Budget Referral: Hopkins Corridor Bike, Pedestrian, and Placemaking Improvements
35. Jeffrey Kaplan
36. Farid Javandel
37. Stephen DeGange
38. Clifford Brooks
39. Diana Bohn
40. Bill Van Atta
41. Bob Flasher
Item #30: Co-Sponsorship and Budget Referral for the Solano Avenue Stroll
42. Supplemental material, submitted by Councilmember Hahn
Item #36: Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code
43. Fred Krieger
Item #38a: Development of Crisis Stabilization Program in Berkeley
44. Supplemental material, submitted by Councilmember Taplin Supplemental Communications and Reports 2
Item #29: Budget Referral: Hopkins Corridor Bike, Pedestrian, and Placemaking Improvements
45. Josie Gerst
46. Michael Katz
47. Donna Dediemar
48. David Brandon
Tuesday, April 26, 2022 ANNOTATED AGENDA Page 21
49. Clifford Fred
50. Zelda Bronstein
Item #32: Issuance of $40,000,000 General Obligation Bonds for Measure O – Affordable Housing
51. Supplemental material, submitted by Finance
Item #33: ZAB Appeal: 1643-1647 California Street, Use Permit #ZP2021-0001
52. Sunny Grewal, on behalf of studio g+s Architects
53. Adam Safir
Item #38a: Development of Crisis Stabilization Program in Berkeley
54. Supplemental material, submitted by the Homeless Commission
55. Supplemental material, submitted by Councilmember Taplin Supplemental Communications and Reports 3
Item #4: Acceptance of Funding from University of California, Berkeley for Operation of the Rodeway Inn
56. Max Ventura
57. Elana Auerbach
Item #29: Budget Referral: Hopkins Corridor Bike, Pedestrian, and Placemaking Improvements
58. Marjorie Kirk
59. Holdan Puron
60. Shannon Mueller
61. Helen Toy
62. Meg Holm
63. Sujey Rana
64. David Hall
65. Eduardo Pineda
66. Susie Wallenstein
67. Mimi Chakarova
Item 32: Issuance of $40,000,000 General Obligation Bonds for Measure O – Affordable Housing
68. Presentation, submitted by Finance
Action Calendar – Public Hearings
Item 33: ZAB Appeal: 1643-1647 California Street, Use Permit #ZP2021-0001
69. Presentation, submitted by Planning and Development
Item 34: Zoning Ordinance Amendments that Address Technical Edits and Corrections to Berkeley Municipal Code (BMC) Title 23
70. Revised material, submitted by Planning and Development
Tuesday, April 26, 2022 ANNOTATED AGENDA Page 22
71. Presentation, submitted by Planning and Development
Item #35: Submission of the Program Year 2022 (FY 2023) Annual Action Plan Containing Allocations of Federal Funds
72. Presentation, submitted by Health, Housing, and Community Services
Action Calendar – New Business
Item #38a: Development of Crisis Stabilization Program in Berkeley
73. Berkeley Homeless Services Panel of Experts
Miscellaneous
Public Comments by Berkeley High School (BHS) Students
74. Moni Law, on behalf of BHS Students