Tuesday, April 12, 2022 ANNOTATED AGENDA Page 1
ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, April 12, 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 .
To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this UR L https://us02web.zoom.us/j/86759332010
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To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID : 867 5933 2010. 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 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 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 12, 2022 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 6:05 p.m.
Present: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin
Absent: Bartlett
Councilmember Bartlett present at 6:11 p.m.
Ceremonial Matters:
1. Recognition of 120th Birthday of The Rebbe, Rabbi Menachem M. Schneerson
2. Recognition of Victims’ Rights Week and the Alameda County Victim/Witness Assistance Program
City Manager Comments:
The City Manager provided a presentation on the Homeless Response Team Data & Analysis.
Public Comment on Non-Agenda Matters: 10 speakers.
Consent Calendar
Action: M/S/C (Arreguin/Robinson) to accept supplemental material from Councilmember Taplin for Item 27.
Vote: All Ayes.
Action: M/S/C (Arreguin/Robinson) to set the speaker time at one minute for the Consent Calendar.
Vote: All Ayes.
Public Comment on Consent Calendar and Information Items Only: 42 speakers.
Action: M/S/C (Arreguin/Wengraf) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
Consent Calendar
Tuesday, April 12, 2022 ANNOTATED AGENDA Page 3
1. Implementation of Redistricting Plan for City Council District Boundaries From: Independent Redistricting Commission
Recommendation: Adopt second reading of Ordinance No. 7,803-N.S. implementing the adjusted City Council District Boundaries as approved by the Independent Redistricting Commission.
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Droste.
Financial Implications: None
Contact: Mark Numainville, Commission Secretary, (510) 981-6900 Action: Adopted second reading of Ordinance No. 7,803–N.S.
2. Amending Berkeley Municipal Code (BMC) Chapter 12.70 Sections 12.70.031 and 12.70.050A.1 to align with State and Local Laws
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,804-N.S. amending Berkeley Municipal Code (BMC) Chapter 12.70 Smoking Pollution Control to incorporate two changes:
1) Amending BMC 12.70.030 to replace the outdated term “Dispensary” with “Cannabis Retailer” in order to align with the State’s Medicinal and Adult-Use of Cannabis Safety and Regulation Act (MAUCSRA); and
2) Revise BMC Chapter 12.70.050.A.1 to clarify that smoking tobacco is allowed at a tobacco retailer, and smoking cannabis is allowable at a Cannabis Retailer, subject to Council-approved BMC Sections 23.320.020.F.2, 12.21.020.U, V, and Y, and
12.22.040.F.2 allowing “Cannabis Lounges”.
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Droste.
Financial Implications: None
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted second reading of Ordinance No. 7,804–N.S.
3. Referral Response: Research and Development (R&D) Definition From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,805-N.S. that modifies the land use definition of Research and Development (R&D) [Berkeley Municipal Code (BMC) Division 5: Glossary – Defined Terms 23.502.020].
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Wengraf, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Hahn, Droste.
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,805–N.S.
Consent Calendar
Tuesday, April 12, 2022 ANNOTATED AGENDA Page 4
4. 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, January 10, 2022, February 8, 2022, March 8, 2022, and March 22, 2022.
Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,284–N.S.
5. Collection of Parking Space Rental Tax for City Owned Parking Lots; and Amending BMC Section 6.24.050
From: City Manager
Recommendation: Adopt a Resolution authorizing the collection of Parking Space Rental Tax for City of Berkeley owned off street parking lots pursuant to BMC
7.48.070 starting June 1, 2022, and adopt first reading an Ordinance amending BMC
6.24.050 to allow Parking Space Rental Tax to be placed in the general fund instead of a special fund.
Financial Implications: See report
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,285–N.S. Adopted first reading of Ordinance No. 7,806-N.S. Second reading scheduled for April 26, 2022.
6. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on April 12, 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 - $710,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.
Consent Calendar
Tuesday, April 12, 2022 ANNOTATED AGENDA Page 5
7. Purchase Order: Eight (8) Emergency Vehicle Utility Pickup Trucks for the Berkeley Fire Department
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to waive the competitive procurement process for purchase and upfitting of emergency vehicles for the Berkeley Fire Department (Department) for eight (8) utility pickup vehicles in an amount not to exceed $621,000.
Financial Implications: Various Funds - $621,000
Contact: Abe Roman, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,286–N.S.
8. Mental Health Services Act Innovations - Encampment-Based Mobile Wellness Center Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to approve the Mental Health Services Act (MHSA) Innovations (INN) Encampment-based Mobile Wellness Center Project Plan and any extensions, for services, activities, and supports for unhoused individuals in Berkeley, in a total amount not to exceed $2,802,400 over a five-year period beginning in FY2023.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,287–N.S.
9. Revenue Contract: Mental Health Services Oversight and Accountability Commission for $2,500,000 for Coordination and Provision of Mental Health Services in Berkeley Unified School District
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to apply for funding provided by the Mental Health Services Oversight and Accountability Commission (MHSOAC) through the Mental Health Student Services Act Request for Applications, accept the funding, and execute any resultant revenue agreements and amendments to coordinate and provide mental health services in the Berkeley Unified School District (BUSD) for $2,500,000 in FY 2022 through FY 2027.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,288–N.S.
Consent Calendar
Tuesday, April 12, 2022 ANNOTATED AGENDA Page 6
10. Revenue Grant Agreement: Funding Support from the California Department of Public Health, Oral Health Program to conduct Public Health Promotion, Protection, and Prevention Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to California Department of Public Health, Oral Health Program, to accept the grant, execute any resultant revenue agreement and amendments, and implement the project and appropriation of funding for related expenses to conduct public health promotion, protection, and prevention services for the California Department of Public Health-Oral Health Program, in the projected amount of $173,408 annually for Fiscal Years 2023, 2024, 2025, 2026, and 2027.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,289–N.S.
11. Ratify the execution of the pre-approved PARS Plan document, amended and restated effective January 1, 2022, and related Amendments by Interim Deputy City Manager on December 27, 2021
From: City Manager
Recommendation: Adopt a Resolution to acknowledge and ratify the execution of the pre-approved PARS Plan document, amended and restated effective January 1, 2022, and related Amendments by Interim Deputy City Manager on December 27, 2021.
Financial Implications: None
Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,290–N.S.
12. Re-establish Senior Engineering Inspector Classification From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 69,996-N.S.
Memorandum of Understanding: Public Employees Union – Local 1, Re-establishing the Senior Engineering Inspector classification.
Financial Implications: See report
Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,291–N.S.
Consent Calendar
Tuesday, April 12, 2022 ANNOTATED AGENDA Page 7
13. Contract: Sysco San Francisco for Food Services for Tuolumne and Echo Lake Resident Camps
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Sysco San Francisco for food services at the City of Berkeley Tuolumne and Echo Lake Resident Camps for a five-year period, beginning May 1, 2022 and ending May 1, 2027, in an amount not to exceed $4,468,610, subject to the City’s annual budget appropriation process.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,292–N.S.
14. Donation: Bench and picnic equipment at Codornices Park in memory of Lucinda Sikes
From: City Manager
Recommendation: Adopt a Resolution accepting a donation in the amount of $16,000 donation from the local friends of Lucinda Sikes for a memorial bench and picnic equipment to be placed at Codornices Park in memory of Lucinda.
Financial Implications: Revenue - $16,000 (donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,293–N.S.
15. Revenue Grant: FEMA Hazard Mitigation Grant Program From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a letter of commitment of matching funds in the amount of $1.25 million, comprising at least $910,000 from property owner funds, with the remainder through in-kind City staff time, for a Hazard Mitigation Grant application in the amount of $3.75 million for the Retrofit Grants Program to the Federal Emergency Management Agency (FEMA), and subject to its award, to accept the grant and execute any resultant revenue agreements and amendments including any additional funding allocations from the Hazard Mitigation Grant Program and designating the applicant’s authorized agent.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 70,294–N.S.
16. Revenue Grant: Fiscal Year 2022-2025 Department of Justice Tobacco Grant From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, and/or Chief of Police to execute a grant contract and any subsequent amendments with the State of California Department of Justice (DOJ) in the amount of $191,053 for three fiscal years, 2021-22 through 2024-25.
Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 70,295–N.S.
Consent Calendar
Tuesday, April 12, 2022 ANNOTATED AGENDA Page 8
17. Contract: Bay Cities Paving & Grading, Inc. for Street Rehabilitation FY 2022 Project
From: City Manager
Recommendation: Adopt a Resolution: 1) approving plans and specifications for the Street Rehabilitation FY 2022 Project, Specification No. 22-11470-C; 2) approving the plans for the Intersection Reconfiguration at Dwight Way and California Street Project, Specification No. 22-11485-C; 3) rejecting the lowest bid from Azul Works, Inc. as non-responsive; 4) accepting the bid of the lowest responsive and responsible bidder, Bay Cities Paving & Grading, Inc.; and 5) 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 in an amount not to exceed $6,084,809.
Financial Implications: See Report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,296–N.S.
18. Master License Agreement Template for the Non-Exclusive Installation of Small Cell Telecommunications Facilities on City Owned and Maintained Streetlight Poles in the Public Right-of-Way
From: City Manager
Recommendation: Adopt a Resolution directing staff to 1) prepare a draft Master License Agreement template for the non-exclusive installation of small cell telecommunication facilities on City-owned and maintained streetlight poles in the public right-of-way, and 2) return to City Council for review and consideration of template approval.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,297–N.S.
Council Consent Items
19. Budget Referral: $60,000 to the FY 2023-2024 Budget Process for Supply Bank School Supply Distribution
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Refer to the FY 2023-2024 budget process $60,000 for Supply Bank ($30k for each fiscal year) to support their services in providing essential school supplies to Berkeley families.
Financial Implications: $60,000
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Approved recommendation.
Council Consent Items
Tuesday, April 12, 2022 ANNOTATED AGENDA Page 9
20. Assembly Bill 1944: Support and Seek Amendments
From: Mayor Arreguin (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Bartlett (Co-Sponsor)
Recommendation: Adopt a Resolution approving a support and seek amendments position on Assembly Bill (AB) 1944 (Lee), which amends the Brown Act to permanently enable meetings of legislative bodies to be conducted through videoconference or teleconference with flexibility on noticing requirements. Send a copy of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, and Assemblymembers Buffy Wicks and Alex Lee.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,298–N.S.
21. Support of AB 1947 – Addressing Hate Crimes
From: Mayor Arreguin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Wengraf (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Adopt a Resolution in support of Assembly Bill (AB) 1947 (Ting), which will require law enforcement agencies to adopt policies around how to identify, respond to, and report hate crimes. Send a copy of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, and Assemblymembers Buffy Wicks and Phil Ting.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,299–N.S.
22. Resolution Reaffirming the City of Berkeley’s Commitment to Transgender Rights
From: Councilmember Kesarwani (Author), Councilmember Droste (Co- Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Wengraf (Co- Sponsor)
Recommendation: Adopt a Resolution reaffirming the City of Berkeley’s commitment to Transgender and Gender Expansive Rights
Financial Implications: None
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 Action: Adopted Resolution No. 70,300–N.S.
23. Budget Referral: Municipal Electric Vehicle Charging Infrastructure From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation: That the City Council refer to the FY2023-24 budget process the funding of electric charging infrastructure for the City’s fleet of electric vehicles.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmember Bartlett added as a co-sponsor. Approved recommendation.
Council Consent Items
Tuesday, April 12, 2022 ANNOTATED AGENDA Page 10
24. Budget Referral: West Berkeley Park Ambassadors
From: Councilmember Taplin (Author)
Recommendation: That the City Council refer to the FY2023-24 budget process the funding for Park Ambassadors at San Pablo Park, Strawberry Creek Park, and Aquatic Park.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation.
25. Support for AB-1608 (Angelo Quinto Act of 2022)
From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Send a letter to the state legislature in Support of Assembly Bill 1608: Independent Coroner’s Offices (Gipson).
Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation.
26. Native and Drought Resistant Plants and Landscaping Policy Update (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee)
From: Councilmember Taplin (Author)
Recommendation: Adopt a Resolution amending the Native Species/Bay-Friendly Landscaping Policy to require, when appropriate, the prioritization of native, non- invasive, and pollinator friendly plantings on City property.
Policy Committee Recommendation: On March 9, 2022, the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee made a Positive Recommendation to forward the item to the City Council.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Adopted Resolution No. 70,301–N.S. as recommended by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee.
Council Consent Items
Tuesday, April 12, 2022 ANNOTATED AGENDA Page 11
27. Community Policing: Flex Team for Problem-Oriented Policing Under the Scanning, Analysis, Response, and Assessment (SARA) Model and Other Applicable Community Engagement Models (Reviewed by the Public Safety Committee)
From: Councilmember Taplin (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor), Councilmember Droste (Co- Sponsor)
Recommendation: Refer to the City Manager the establishment of a Flexible Team for Problem-Oriented Policing in the Berkeley Police Department, following the SARA model and other applicable community engagement models, including Berkeley Ceasefire.
Policy Committee Recommendation: On March 7, 2022, the Public Safety Committee made a Positive Recommendation to the City Council for the item to be considered as part of the reimagining public safety process.
Financial Implications: Staff time
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation of the Public Safety Committee. Supplemental material submitted at the meeting by Councilmember Taplin.
28. Budget Referral to Fund Mayoral Budgetary Analyses Pursuant to Charter Article VI. Section 24
From: Councilmember Harrison (Author)
Recommendation: Refer to the FY 23 and FY 24 Bi-annual Budget Process $100,000 to provide the Mayor, on behalf of the Budget Committee and Council, the means to hire a certified public accountant throughout both fiscal years to provide supplemental assistance in fulfilling budgetary obligations pursuant to the Charter.
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Moved to Action Calendar. 0 speakers. M/S/C (Arreguin/Hahn) to approve the recommendation as revised in Supplemental Communications Packet #1 from Councilmember Harrison.
Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin; Noes – None; Abstain – None; Absent – Kesarwani (Recused – working relationship with named entity).
Council Consent Items
Tuesday, April 12, 2022 ANNOTATED AGENDA Page 12
29. Berkeley Public Library Foundation’s 19th Annual Authors Dinner Event:
Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Hahn (Author), Mayor Arreguin (Co-Sponsor), Councilmember Wengraf (Co-Sponsor), Councilmember Taplin (Co-Sponsor) Recommendation: Adopt a resolution approving the expenditure of an amount not to exceed $600 per Councilmember, including $500 from Councilmember Wengraf, $200 from Mayor Arreguín, and $200 from Councilmember Hahn, to the Berkeley Public Library Foundation’s 19th Annual Authors Dinner event with funds relinquished to the City’s general fund for this purpose from the discretionary Council office budget of Councilmember Hahn, and additional funds from Councilmembers who would like to contribute. The Berkeley Public Library Foundation raises funds to support and enhance facilities, programs, and services of the Berkeley Public Library. Recent gifts to the Foundation helped the library redesign its services during the pandemic, outfit a culinary tool lending library, and complete needed capital improvements to the downtown Central Library.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Adopted Resolution No. 70,302–N.S. revised to include contributions from the following Councilmembers up to the amounts listed; Councilmember Robinson - $250; Councilmember Bartlett - $200; Councilmember Kesarwani - $100.
30. Kala Art Institute 2022 Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor), Mayor Arreguin (Co-Sponsor), Councilmember Harrison (Co-Sponsor) Recommendation: Adopt a resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Taplin, $250 from Councilmember Hahn and $250 from Mayor Arreguín, to the Kala Art Institute, a 501(c)(3) non-profit organization, to support Art Kala 2022, an exhibition, auction, and benefit to support Kala’s artistic, cultural, and educational programs, with funds relinquished to the City’s general fund for this purpose from the discretionary Council office budget of Councilmembers Hahn and Taplin, Mayor Arreguín, and any other Councilmembers who would like to contribute.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Adopted Resolution No. 70,303–N.S. revised to include contributions from the following Councilmembers up to the amounts listed; Councilmember Robinson - $250; Councilmember Bartlett - $200; Councilmember Kesarwani - $100; Councilmember Wengraf - $250.
Council Consent Items
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31. Proclamation in Honor of Holocaust Remembrance Day From: Councilmember Wengraf (Author), Councilmember Hahn (Author), Mayor Arreguin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Adopt the Holocaust Remembrance Day Proclamation for the 19th Annual Holocaust Remembrance Day program to be held virtually Thursday, April 28th from 2:00 – 3:00 PM.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Adopted proclamation.
32. Budget Referral: City of Berkeley Annual Holocaust Remembrance Day From: Councilmember Wengraf (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Refer to the Fiscal Year 2023/2024 budget process a request for $6,000 annually to fund the City of Berkeley’s Annual Holocaust Remembrance Day Program.
Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Councilmember Taplin added as a co-sponsor. Approved recommendation.
33. Budget Referral: Downtown Berkeley BART Station Modernization Design From: Councilmember Robinson (Author), Councilmember Harrison (Author), Mayor Arreguin (Co-Sponsor), Councilmember Droste (Co-Sponsor) Recommendation: Refer $250,000 to the June 2022 budget process to contribute to funding Bay Area Rapid Transit’s preliminary design engineering work for the Downtown Berkeley BART Station Modernization project.
Financial Implications: General Fund - $250,000
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Approved recommendation.
34. Relinquishment of Council Office Budget Funds to the General Fund and Grant of Such Funds for the Suitcase Clinic
From: Councilmember Robinson (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Robinson, to the Suitcase Clinic to fund homeless outreach supplies and in-clinic expenses.
Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Adopted Resolution No. 70,304–N.S. revised to include contributions from the following Councilmembers up to the amounts listed; Councilmember Hahn - $200; Councilmember Bartlett - $200; Councilmember Kesarwani - $100; Councilmember Wengraf - $250.
Council Consent Items
Tuesday, April 12, 2022 ANNOTATED AGENDA Page 14
35. Support for AB 2050: Ellis Act Reform
From: Councilmember Robinson (Author), Councilmember Harrison (Co- Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Send a letter to Assemblymember Alex Lee, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of Assembly Bill 2050, which would require five years of ownership before a rental property owner can proceed with an eviction pursuant to the Ellis Act, with exemptions for small landlords.
Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Mayor Arreguin added as a co-sponsor. Approved recommendation.
36. Support for SB 649: Affordable Housing Local Tenant Preference From: Councilmember Robinson (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Send a letter to Senator Dave Cortese, Assemblymember Buffy Wicks, and Senator Nancy Skinner in support of Senate Bill 649, which would enable the creation of local tenant preferences policies for affordable housing.
Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Councilmembers Harrison and Bartlett added as co-sponsors. Approved recommendation.
37. Support for AB 2147: Jaywalking Decriminalization
From: Councilmember Robinson (Author)
Recommendation: Send a letter to Assemblymember Phil Ting, Assemblymember Friedman, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of AB 2147, related to jaywalking enforcement.
Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Councilmember Bartlett added as a co-sponsor. Approved recommendation.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Robinson, Wengraf, Droste, Arreguin; Noes – Harrison.
38. Support for SCA 2: Article 34 Repeal
From: Councilmember Robinson (Author), Mayor Arreguin (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Droste (Co-Sponsor) Recommendation: Adopt a Resolution supporting SCA 2 to repeal Article 34 of the California Constitution, eliminating the required city-wide vote for construction of publicly-funded low-income housing projects. Send copies of the Resolution to Senators Ben Allen, Scott Wiener, Nancy Skinner, and Assemblymember Buffy Wicks.
Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Adopted Resolution No. 70,305–N.S.
Recess 8:06 p.m. – 8:21 p.m.
Tuesday, April 12, 2022 ANNOTATED AGENDA Page 15
Action Calendar – Old Business
39. Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities (Continued from March 22, 2022. Item contains supplemental material.)
From: Auditor
Recommendation: We recommend City Council request that the City Manager report back by September 29, 2022, and every six months thereafter, regarding the status of our audit recommendations until reported fully implemented by the Berkeley Police Department (BPD). They have agreed to our findings and recommendations.
Please see our report for their complete response.
Financial Implications: None
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: M/S/C (Arreguin/Robinson) to suspend the rules and extend the meeting to 11:05 p.m.
Vote: Ayes – Kesarwani, Bartlett, Harrison, Hahn, Robinson, Droste, Arreguin; Noes – Taplin; Abstain – None; Absent – Wengraf.
Councilmember Wengraf absent 10:49 p.m. – 11:02 p.m.
Action: 8 speakers. M/S/C (Arreguin/Robinson) to 1) accept the Auditor’s report; 2) request that the City Manager report back by September 29, 2022 on status of recommendations, and every six months thereafter until fully implemented; 3) expedite implementation of recommendation #4; and 4) set a goal for September 2022 for the City Attorney, City Manager, and Police Department to have contracts in place for services with outside entities including all overhead/administrative costs, termination clauses, and ability to reassign officers as needed.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Robinson, Droste, Arreguin; Noes – Harrison; Abstain – None; Absent – Wengraf.
Action Calendar – New Business
40a. Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter 13.110 From: Commission on Labor
Recommendation: Adopt first reading of the proposed Fair Workweek Ordinance, adding Berkeley Municipal Code Chapter 13.110.
Financial Implications: See report
Contact: Margot Ernst, Commission Secretary, (510) 981-5400
Action Calendar – New Business
Tuesday, April 12, 2022 ANNOTATED AGENDA Page 16
40b. Companion Report: Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter 13.110
From: City Manager
Recommendation: Direct this item to the Health, Life Enrichment, Equity, and Community Policy Committee for the following: Review and evaluate the proposed policy; and Evaluate resources needed to conduct the necessary analysis of impacts and costs associated with implementing the proposed policy.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400
Action: Items 40a and 40b moved to the Consent Calendar and referred to the Health, Life Enrichment, Equity, and Community Policy Committee, including the supplemental material in Supplemental Communications Packet #1 from Councilmember Harrison.
41a. UC Berkeley Agreement
From: Disaster and Fire Safety Commission
Recommendation: The University of California recently agreed to pay the City of Berkeley $4.3 million a year to cover cost expended by the City due to the University’s expansion and cost on the City. The funding is intended to ‘support fire and city services.’ The DSFC recommends that the City administer the funds separately from the general funds and with public review under the DSFC similar to FF and GG for the duration of the agreement.
Financial Implications: None
Contact: Keith May, Commission Secretary, (510) 981-3473
41b. Companion Report: UC Berkeley Agreement
From: City Manager
Recommendation: Use the General Fund and existing budget process to administer payments received through the University of California settlement.
Financial Implications: See Report
Contact: Abe Roman, Fire, (510) 981-3473
Action: Item 41b from the City Manager to the Consent Calendar. Approved recommendation. No action taken on Item 41a.
Public Comment – Items Not Listed on the Agenda - 0 speakers.
Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Robinson, Droste, Arreguin; Noes – None; Abstain – None; Absent – Wengraf.
Adjourned at 11:02 p.m.
Tuesday, April 12, 2022 ANNOTATED AGENDA Page 17
Communications
Item #27: Community Policing: Flex Team for Problem-Oriented Policing Under the Scanning, Analysis, Response, and Assessment (SARA) Model and Other Applicable Community Engagement Models
1. Susan Payne
2. Matt Ruby
3. Jeff Vincent
4. Phyllis Kamrin
5. Alicia Carter
6. Paula Hollowell
7. Bradley Morris
8. Charlene Washington
9. aliciacatherinemorre@
10. Michelle Braasch-Carman
11. Frances Haselsteiner
12. Damian Park
13. Sarah Garrett
14. Kenneth Berland
15. Nancy Chamberlain
16. Naomi Marks
17. Stacey Murphy
18. David Lerman
19. Charles Clarke
20. Eric Friedman
21. Nathan Scullion
22. Antoine Grondin
23. Thomas Luce
24. Stephen Wilson
25. Kitt Saginor
26. Diana Bohn
Vision 2050
27. David Lerman
UC Berkeley Students Cap
28. Michael Fullerton (2)
Housing
29. Grayson Peters
30. Avran Gur Arye (3)
Paving Ballot Measure
31. Alex Sharenko
Tuesday, April 12, 2022 ANNOTATED AGENDA Page 18
Hazardous Condition of Crosswalk at Francisco Street and Sacramento
32. David Lerman
Landmark Preservation of the California Theatre
33. Sonia Mistry
Revitalization of the Downtown Area
34. Steven Schuyler
Parking Enforcement Outside the SPARK Program
35. Diana Bohn
Corporate Money in Berkeley Elections
36. Nilang Gor
Underground Wiring of PG&E
37. Pamela Doolan
Project of “The Next One”
38. Anonymous
Bench Needed at Caesar Chavez Park
39. Michael Fullerton
40. Michelle Silver
Climate Change
41. Jeff White
42. Thomas Lord
COVID-19 and Masks
43. George Torgun
Eden I&R Newletter
44. Eden I&R
Freedom of Speech
45. Nilang Gor
Berkeley Food Procurement
46. Nilang Gor, on behalf of the Sierra Club
Shut Down America’s Coal Industry
47. Jeff White
Station Access at North Berkeley BART
48. David Brandon
Tuesday, April 12, 2022 ANNOTATED AGENDA Page 19
Sanctuary Contracting Ordinance
49. Elana Auerbach
Redistricting
50. Elisabeth Watson
North Berkeley BART Development
51. 35 similarly-worded from letters
52. Charlene Woodcock
53. Aimee Baldwin
54. Vicki Sommer
55. Kenneth Gross
56. Sean Bouvet
57. Holly Scheider
58. Kevin James and Tom Reilly
59. Deborah Gouailhardou
60. Carol Hirth
61. Larry Orman
62. Toni Casal (2)
63. Tony Corman
64. Roberta Silverstein
65. Maud Engel
66. S.P. Neyhart
Paid Parking System – Smart Space
67. Kit Vanbuskirk
Tenant Opportunity to Purchase Act (TOPA)
68. 10 similarly-worded form letters
69. Rahel Smith
70. Ginny Madsen
71. Jeffrey Melcher
72. Ayanna Davis
Dog’s Off Leash
73. Heather Lee Khvatsky
Supplemental Communications and Reports 1
74. Christine Staples
75. Amanda Strickler
76. Amol Rao
77. Phyllis Kamrin
78. Luan Nio
79. Eric Friedman
80. jennywhite@
81. Chris Horgan & Elena Prakoura
Tuesday, April 12, 2022 ANNOTATED AGENDA Page 20
82. Claudia Kawczynka
83. Adam Fuchs
84. Fran Haselsteiner
85. Marcia DuBois
86. Deborah and Roy Scott
87. Elizabeth Arenas
Item #28: Budget Referral to Fund Mayoral Budgetary Analyses Pursuant to Charter Article VI. Section 24
88. Revised material, submitted by Councilmember Harrison Item #40a: Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter
13.110
89. Supplemental material, submitted by Councilmember Harrison
Supplemental Communications and Reports 2
Item #27: Community Policing: Flex Team for Problem-Oriented Policing Under the Scanning, Analysis, Response, and Assessment (SARA) Model and Other Applicable Community Engagement Models
90. Susan Springborg
91. Leslie Berkler, on behalf of the Women’s Daytime Drop-In Center
92. Beth Roessner, on behalf of the Berkeley Chamber of Commerce
93. Steve Kromer, et al
94. Charles Clarke
95. Ann Squires
96. Toni Mester
97. Jeff Vincent
Supplemental Communications and Reports 3
City Manager Comments
98. Presentation, submitted by the City Manager’s Office
Item #27: Community Policing: Flex Team for Problem-Oriented Policing Under the Scanning, Analysis, Response, and Assessment (SARA) Model and Other Applicable Community Engagement Models
99. Supplemental material, submitted by Councilmember Taplin 100. Elizabeth Lee
101. Ken Berland
102. Diana Bohn
103. Margaret Flaherty
104. Julie Chervin
105. Shmuel Weissman
106. Damien Murtagh
107. Tai Yu, on behalf of Great China Restaurant
Tuesday, April 12, 2022 ANNOTATED AGENDA Page 21
108. Dave Fogarty
109. Minda Berbeco
110. Alison Huetter
111. Lorenzo Avila
112. Isabelle Gaston
113. Ben Buettner
114. Todd Andrew
115. Paul Gumpel
116. Cynthia Harbaugh
117. John Poppleton
118. Chimey Lee
119. Meryl Siegal
Item #39: Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities
120. Barbara Gilbert
Item #40a: Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter
13.110
121. Barry Braden, on behalf of Fieldwork Brewing Company 122. Kirk & Amanda Jung, on behalf of The Barkmont
123. Bruce Carlton, on behalf of Residence Inn by Marriott Berkely 124. Maureen McGraw, on behalf of Meyer Sound
125. Matt Sutton, on behalf of the California Restaurant Association
Item #40b: Companion Report: Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter 13.110
126. Beth Roessner, on behalf of the Berkeley Chamber
127. Drew Johnson, on behalf of Bayer
128. Dell Dellnger, on behalf of the Hotel Shattuck