Tuesday, November 15, 2022 ANNOTATED AGENDA Page 1
ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, November 15, 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 p resents 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://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.
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To submit a written communication for the City Council’s consideration and inclusion in the public record , 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, November 15, 2022 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 6:05 p.m.
Present: Bartlett, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin
Absent: Kesarwani, Taplin
Councilmember Kesarwani present at 6:06 p.m.
Councilmember Taplin present at 6:06 p.m.
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000 -year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.
Ceremonial Matters:
1. Recognition of the Alameda County Healthy Homes Department receiving the U.S. Department of Housing and Urban Development (HUD) 2022 Secretary Award
2. Recognition of and Adjourned in Memory of Barbara Ann White, Social Justice Advocate, and former Employee with the Department of Health, Housing, and Community Services in the Mental Health Division
City Manager Comments: None.
Public Comment on Non-Agenda Matters: 10 speakers.
Action: M/S/C (Arreguin/Taplin) to accept an urgency item from Councilmember Robinson pursuant to Government Code Section 54954.2(b)(2) entitled Resolution and Letter in Support of UC Academic Workers’ Ongoing Contract Negotiations and Strike Actions.
Vote: All Ayes.
Action: M/S/C (Arreguin/Robinson) to accept an urgency item from Councilmember Taplin pursuant to Government Code Section 54954.2(b)(2) entitled Budget Referral: Berkeley Junior Jackets Field Use Expenses.
Vote: All Ayes.
Tuesday, November 15, 2022 ANNOTATED AGENDA Page 3
Consent Calendar
Action: M/S/C (Arreguin/Droste) to accept revised material from the Fire Department on Item 23.
Vote: All Ayes.
Public Comment on Consent Calendar and Information Items Only: 30 speakers.
Action: M/S/C (Arreguin/Hahn) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
Consent Calendar
Urgent Item: Resolution and Letter in Support of UC Academic Workers’ Ongoing Contract Negotiations and Strike Actions
From: Councilmember Robinson (Author), Councilmember Taplin (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Mayor Arreguin (Co-Sponsor) Recommendation: Adopt a Resolution in support of UAW 2865, UAW 5810, and SRU- UAW’s ongoing contract negotiations and strike actions at UC Berkeley and across all UC campuses, and send a letter of support to UC President Michael Drake and Provost Michael Brown.
Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Adopted Resolution No. 70,590–N.S.
Urgent Item: Budget Referral: Berkeley Junior Jackets Field Use Expenses From: Councilmember Taplin (Author)
Recommendation: That the City Council refers $6000 to the November Annual Appropriations Ordinance to provide Berkeley Junior Jackets’ the necessary funds to cover expenses associated with the use of Berkeley Unified School District facilities in the operation of their youth sports program.
Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmembers Bartlett and Harrison added as co-sponsors. Approved recommendation.
1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of September 6 (closed), September 13 (special and regular), September 19 (closed), September 20 (closed, special and regular), September 29 (closed and regular), October 11 (special and regular), October 20 (closed), and October 28 (closed).
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.
Consent Calendar
Tuesday, November 15, 2022 ANNOTATED AGENDA Page 4
2. Appointment of the Chief of Police
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Jennifer Louis as the Chief of Police to be effective November 27, 2022 at an annual salary of $256,125.
Financial Implications: See report
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000 Action: Moved to Action Calendar. Item 2 removed from the agenda by the City Manager.
3. Renewal of the Elmwood Avenue BID for Calendar Year 2023 From: City Manager
Recommendation: Adopt a Resolution approving the Elmwood Business Improvement District Advisory Board’s (hereafter “Elmwood BID Advisory Board” or “the Advisory Board”) recommendation that Council: 1) approve the 2022 Annual Report and preliminary budget for proposed improvements in the District for calendar year 2023; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2023 and 3) direct the City Clerk to schedule a public hearing on the renewal of the assessment for December 6, 2022.
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 70,591–N.S. with revisions to the first paragraph of Section 6 to include the option for in-person participation at the public hearing on December 6, 2022.
4. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 15, 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 - $11,384,039
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.
5. Contract: Station Automation Inc., DBA PSTrax for Real-time, Paperless Check- off and Asset Management Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Station Automation Inc., DBA PSTrax for real-time, paperless check-off and asset management software, for a total amount not to exceed $125,000.
Financial Implications: Measure Q Fund - $125,000
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,592–N.S.
Consent Calendar
Tuesday, November 15, 2022 ANNOTATED AGENDA Page 5
6. Contract No. 32000116 Amendment Genasys, Inc. for Outdoor Warning System From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000116 with Genasys, Inc. for Outdoor Warning System, increasing the amount by $200,000 for a total not to exceed amount of $2,174,457.
Financial Implications: Measure FF Public Safety - $200,000 Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,593–N.S.
7. Contract: Harold Dichoso for Providing Temporary Consulting Services for the Health, Housing, and Community Services (HHCS) Department.
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract, with any amendments, with Harold Dichoso for providing consulting services to the Department of Health, Housing, and Community Services Office of the Director related to the Health Justice Internship Program for a term of 8 months.
The total not-to-exceed contract amount is $90,000.
Financial Implications: Bioterrorism Grant Fund - $90,000 Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,594–N.S.
8. Measure P: Contract No. 31900273 Amendment- Bay Area Community Services (BACS) North County Housing Resource Center – Shallow Subsidy Program and Contract No. 32200051 Amendment: WeHOPE for Mobile Showers and Laundry Services
From: City Manager
Recommendation:
1. Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900273 with Bay Area Community Services (BACS) to amend the scope of work to shift up to $637,550 in unspent funds from the Measure P General Fund - funded Shallow Subsidy Program to a Flexible Funding Pool Program.
2. Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32200051 with WeHOPE to add $127,380 for an amount not to exceed $375,667 to provide mobile shower and laundry services through June 30, 2023.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,595–N.S. (BACS), and Resolution No. 70,596– N.S. (WeHOPE).
Consent Calendar
Tuesday, November 15, 2022 ANNOTATED AGENDA Page 6
9. New Classification Deputy City Attorney IV
From: City Manager
Recommendation: Adopt a Resolution to expand the Deputy City Attorney series by establishing the Deputy City Attorney IV classification with a monthly stepped salary range of $15,936.37 - $19,593.60 effective November 15, 2022.
Financial Implications: None
Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,597–N.S.
10. Amendments to On-Call Waterfront Engineering, Design, Environmental Permitting and Construction Administration Services Contract No. 32000261 with COWI North America, Inc, and Contract No. 32000263 with Transystems Corporation
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to execute amendments to Contract No. 32000261 with COWI North America, Inc., and Contract No. 32000263 with Transystems Corporation, for on-call waterfront engineering, design, environmental permitting and construction administration services by increasing the contract amount by $1,000,000 and the duration by twelve months each, from June 30, 2023 through June 30, 2024, to a total not-to-exceed amount of $2,000,000 each.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,598–N.S. (COWI North America) and Resolution No. 70,599–N.S. (Transystems Corporation).
11. Contract Awards: Sharjo, Inc. dba ServiceMaster Recovery Management and Belfor USA Group, Inc. for on-call Emergency Restoration, Mitigation and Remediation Services
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager or designee to execute the following contracts for on-call emergency restoration, mitigation and remediation services, each for a period of December 1, 2022 through December 31, 2025:
1. Sharjo, Inc. dba ServiceMaster Recovery Management for an amount not to exceed $150,000.
2. Belfor USA Group, Inc. for an amount not to exceed $150,000.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,600–N.S. (Sharjo, Inc.) and Resolution No. 70,601–N.S. (Belfor USA Group, Inc.).
Consent Calendar
Tuesday, November 15, 2022 ANNOTATED AGENDA Page 7
12. Contract No. 10413B Amendment: LAZ Parking LLC for Managing City-Owned Off-Street Parking Facilities
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 10413B with LAZ Parking, LLC, a parking management company, to provide management services for the Telegraph Channing, Oxford, and Center Street Garages, extending the term to December 31, 2024 and increasing the contract amount by $5,162,424 for a total not-to-exceed of $16,252,375.
Financial Implications: Off-Street Parking Fund - $5,162,424 Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,602–N.S.
13. Contract No. 10340 (ERMA 111976-1) Amendment: HF&H Consultants, LLC for the Update of Rate Model
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 10340 (ERMA 111976-1) with HF&H Consultants, LLC for the Update of the Zero Waste Rate Schedules, extending the term to June 30, 2025, and increasing the contract by $75,000 for a total contract amount not to exceed $325,000.
Financial Implications: Zero Waste Fund - $75,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,603–N.S.
14. Contract No. 117610-1 Amendment Columbia Electric, Inc. for On-Call Electrical Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 117610-1 with Columbia Electrical, Inc., increasing the current contract by $300,000 for a total not to exceed amount of $375,000 and extending the contract through June 30, 2025.
Financial Implications: General Fund - $300,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,604–N.S.
Consent Calendar
Tuesday, November 15, 2022 ANNOTATED AGENDA Page 8
15. Sewer and Access Road Easement and Installation Agreements with Paulonia Investment, LLC and Little Tree Investment, Inc., and James Robert Higgins and Summary Vacation of Existing Sewer Easements
From: City Manager
Recommendation:
1. Adopt first readings of three Ordinances authorizing the City Manager to execute easement and installation agreements and any amendments for sewer pipe facilities with:
A. Paulonia Investment, LLC and Little Tree Investment, Inc. for extending, operating, maintaining, and accessing sewer pipe facilities on parcel with APN 063- 2969-034-23, and
B. James Robert Higgins for extending, operating, maintaining and accessing sewer pipe facilities on 1033 Miller Avenue (APN 063-2969-034-25) and C. Paulonia Investment, LLC and Little Tree Investment, Inc. on parcel with APN:
063-2969-034-44 for accessing sewer pipe facilities.
2. Adopt a Resolution to summarily vacate the existing sewer right-of-way easement and sewer reserve easement on parcel with APN 063-2969-034-23.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted first reading of Ordinance No. 7,841–N.S. (APN 063-2969-034-23), Ordinance No. 7,842–N.S. (APN 063-2969-034-25), and Ordinance No. 7,843–N.S. (APN 063-2969-034-44). Second readings scheduled for November 29, 2022.
Adopted Resolution No. 70,605–N.S.
16. Reinstate Burma (Myanmar) on Berkeley’s Oppressive States List From: Peace and Justice Commission
Recommendation: Adopt a Resolution to reinstate Burma (Myanmar) on Berkeley’s Oppressive States list; to urge the federal government to strengthen sanctions on the military regime including on its Myanmar Oil and Gas Enterprises (MOGE), and to recognize and support the Burma National Unity Government (NUG), including ensuring the continued representation of Burma at the United Nations by U Kyaw More Tun. Send copies of the Resolution to the congressional delegation and other federal leaders.
Financial Implications: Staff time
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100 Action: Adopted Resolution No. 70,606–N.S.
Council Consent Items
Tuesday, November 15, 2022 ANNOTATED AGENDA Page 9
17. United Against Hate Week 2022
From: Mayor Arreguin (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation:
1. Adopt a Resolution declaring November 13th – 19th, 2022 as United Against Hate Week.
2. Adopt a Resolution approving the D-13 expenditure in an amount not to exceed $250 per Councilmember, to support the film screening of “Repairing the World” in Berkeley with residuals going to Not in Our Town for United Against Hate Week.
Financial Implications: Mayor’s Discretionary Funds - $250 Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Councilmember Bartlett added as a co-sponsor. Adopted Resolution No. 70,607–N.S. (United Against Hate Week), and Resolution No. 70,608–N.S. (Expenditure) revised to reflect a not to exceed expenditure amount of $500 per Councilmember, and further revised to include contributions from the following Councilmembers up to the amounts listed: Mayor Arreguin - $500, Councilmember Wengraf - $250, Councilmember Kesarwani - $100, Councilmember Hahn - $300, Councilmember Robinson - $250, Councilmember Droste - $100, Councilmember Harrison - $100, Councilmember Taplin - $250.
18. Resolution Supporting Removal of Cuba from the U.S. State Sponsor of Terrorism List
From: Councilmember Harrison (Author), Councilmember Wengraf (Co- Sponsor), Mayor Arreguin (Co-Sponsor)
Recommendation:
1. Adopt Resolution supporting removal of Cuba from the U.S. State Sponsor of Terrorism List; and
2. Refer to the City Clerk to send copies of the resolution and letters to Representative Lee and Senators Feinstein and Padilla.
Financial Implications: Staff time
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 70,609–N.S.
Council Consent Items
Tuesday, November 15, 2022 ANNOTATED AGENDA Page 10
19. Adopt an Ordinance Adding a Chapter 11.62 to the Berkeley Municipal Code to Regulate the Use of Carryout and Produce Bags and Promote the Use of Reusable Bags (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee)
From: Councilmember Harrison (Author), Councilmember Hahn (Author) Recommendation:
1. Adopt an ordinance adding a Chapter 11.62 to the Berkeley Municipal Code to regulate the use of carryout and produce bags and promote the use of reusable bags with a phased enforcement and implementation approach, effective with respect to new charges for bags pursuant to Sections 11.63.040 and 11.63.050 and provisions applicable to the City of Berkeley and City-sponsored events pursuant to Section
11.63.090 on January 1, 2023, and administrative regulations for and all provisions in this ordinance effective June 30, 2023.
2. Refer to the City Manager and Public Works to consider a Zero Waste rate modification with an anticipated net-zero impact on General Fund to provide additional staffing capacity consistent with business and community outreach, support services, implementation, and phased enforcement of this ordinance and other plastic reduction ordinances. Out of an abundance of caution, and in the event that additional or alternative staffing resources are needed beyond a potential rate increase, refer to the Fiscal Year 2023 AAO #1 Budget Process up to $350,000 per year for staffing for this ordinance and other plastic reduction ordinances.
Policy Committee Recommendation: To approve the item with a positive recommendation.
Financial Implications: Staff Time - $350,000 per year
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: As recommended by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee: 1. Adopted first reading of Ordinance No. 7,844–N.S. Second reading scheduled for November 29, 2022. 2. Approved recommendation.
Council Consent Items
Tuesday, November 15, 2022 ANNOTATED AGENDA Page 11
20. The Berkeley Baby Book Project: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds
From: Councilmember Wengraf (Author), Councilmember Bartlett (Co- Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $125 per Councilmember, including $125 from Councilmember Wengraf, to support the Berkeley Baby Book Project, a non-profit, with funds relinquished to the City’s general fund. The relinquishment of funds from Councilmember Wengraf and all other Councilmembers who would like to contribute, will provide books to Berkeley children aged 0-5 years. The books are delivered by USPS and addressed to the child who owns them at no cost to their family. $125 covers one book delivered to one child every month for 5 years.
Financial Implications: Councilmember's Discretionary Funds - $125 Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Adopted Resolution No. 70,610–N.S. as revised to include contributions from the following Councilmember up to the amounts listed: Councilmember Kesarwani - $125, Councilmember Hahn - $125, Councilmember Robinson - $125, Councilmember Droste - $125, Councilmember Harrison - $100, Councilmember Taplin - $125, Mayor Arreguin - $125.
21. Budget Referral: Closing the Southside Complete Streets Funding Gap From: Councilmember Robinson (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Refer $1,000,000 to the FY 2023 AAO #1 process to contribute to closing the funding gap for the Southside Complete Streets project to ensure that construction on Bancroft, Dana, & Fulton can proceed on schedule and to prevent the loss of $7.3M in federal funding.
Financial Implications: $1,000,000
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Councilmember Harrison added as a co-sponsor. Approved recommendation.
Council Consent Items
Tuesday, November 15, 2022 ANNOTATED AGENDA Page 12
22. Referral: Establishing an Electric Bike Rebate Program and Expanding Low- Income E-Bike Ownership through the Climate Equity Action Fund From: Councilmember Robinson (Author), Councilmember Harrison (Author), Councilmember Taplin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Refer to the City Manager to establish a two-tiered point-of-sale rebate program to reduce the up-front cost of electric bicycles and necessary safety and security accessories for Berkeley residents, including: -Rebate Level 1: a point- of-sale rebate to be made available to all City of Berkeley residents; -Rebate Level 2:
a point-of-sale rebate that covers a higher percentage of the cost than Rebate Level 1, to be made available to low-income City of Berkeley residents.
Refer $500,000 to the FY 2023 AAO #1 process as follows: -$400,000 for the point of sale rebate program; -$100,000 in supplementary funding towards the Climate Equity Action Fund (CEAF) to further facilitate e-bike ownership among low-income Berkeley residents.
Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Councilmember Harrison added as a co-sponsor. Approved recommendation as revised to read as follows:
Refer to the City Manager to explore the creation of a program to establish a two- tiered point-of-sale rebate program to reduce the up-front cost of electric bicycles and necessary safety and security accessories for Berkeley residents, including: - Rebate Level 1: a point-of-sale rebate to be made available to all City of Berkeley residents; -Rebate Level 2: a point-of-sale rebate that covers a higher percentage of the cost than Rebate Level 1, to be made available to low-income City of Berkeley residents.
Refer $500,000 to the FY 2023 AAO #1 process as follows: -$400,000 for the point of sale rebate program; -$100,000 in supplementary funding towards the Climate Equity Action Fund (CEAF) to further facilitate e-bike ownership among low-income Berkeley residents.
Recess 8:02 p.m. – 8:12 p.m.
Action Calendar – Public Hearings
Tuesday, November 15, 2022 ANNOTATED AGENDA Page 13
23. Adoption of the 2022 California Fire Code with Local Amendments From: City Manager
Recommendation:
1. Adopt the first reading of an Ordinance repealing the Berkeley Fire Code (Berkeley Municipal Chapter 19.48) and reenacting BMC Chapter 19.48;
2. Adopt a Resolution setting forth findings of local conditions that require more stringent building standards than those provided by the 2022 California Fire Code (“CFC”) and rescinding Resolution number 69,178–N.S.;
3. Conduct a public hearing and upon conclusion, adopt a Resolution establishing annual permit fees, inspection and billing rates for inspection of property sites by the Berkeley Fire Department, and rescinding Resolution number 69,179–N.S. and all Resolutions amendatory thereof.
4. In compliance with state law on adopting such codes by reference, hold a public hearing following the first reading and before the second reading, and schedule the public hearing for December 6, 2022.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: M/S/C (Hahn/Robinson) to suspend the rules and extend the meeting to 11:10 p.m.
Vote: All Ayes.
Public Testimony: The Mayor opened the public hearing. 4 speakers.
M/S/C (Arreguin/Wengraf) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Wengraf/Arreguin) to:
1. Adopt first reading of Ordinance No. 7,845–N.S. as revised in the Supplemental Communications Packet #3 by the Fire Department. Second reading scheduled for December 6, 2022.
2. Adopt Resolution No. 70,611–N.S. (Finding of Local Conditions) as revised in the Supplemental Communications Packet #3 by the Fire Department.
3. Adopt Resolution No. 70,612–N.S. (Fees)
4. Approve the recommendation.
Vote: All Ayes.
Action Calendar – Public Hearings
Tuesday, November 15, 2022 ANNOTATED AGENDA Page 14
24. Implement Residential Preferential Parking (RPP) Program on the 1900 Block of Vine Street and the 3000 Block of Martin Luther King Jr. Way From: City Manager
Recommendation: Conduct a public hearing and upon its conclusion, adopt a Resolution amending Resolution No. 56,508-N.S. Section 25E and Section 25M by adding a subsection to implement Residential Preferential Parking (RPP) on both sides of the 1900 Block of Vine Street in RPP Area E and the west side of the 3000 Block of Martin Luther King Jr. Way in RPP Area M.
Financial Implications: See report.
Contact: Liam Garland, Public Works, (510) 981-6300
Public Testimony: The Mayor opened the public hearing. 8 speakers.
M/S/C (Arreguin/Robinson) to close the public hearing.
Vote: Ayes – Kesarwani, Bartlett, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin; Noes – None; Abstain – None; Absent – Taplin.
Councilmember Taplin absent 8:25 p.m. – 8:34 p.m.
Action: M/S/C (Arreguin/Hahn) to adopt Resolution No. 70,613–N.S.
Vote: All Ayes.
Action Calendar – New Business
25. Update on BPD efforts related to the Improving Hate Crimes Reporting and Response Referral
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
Action: M/S/C (Arreguin/Harrison) to continue Item 25 to December 6, 2022.
Vote: All Ayes.
Action Calendar – Continued Business – Public Hearings
Tuesday, November 15, 2022 ANNOTATED AGENDA Page 15
A. ZAB Appeal: 2018 Blake Street, Use Permit #ZP2021-0095 (Continued from November 3, 2022) (Item contains supplemental material) 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 #ZP2021-0095 to construct a six-story, multi-family residential building with 12 units (including two Low-Income units), and dismiss the appeal.
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400
Public Testimony: The Mayor opened the public hearing. 13 speakers.
M/S/C (Arreguin/Robinson) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Arreguin/Robinson) to adopt Resolution No. 70,614–N.S. affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit #ZP2021-0095 to construct a six-story, multi-family residential building with 12 units, and dismiss the appeal, with the revised Findings and Conditions in the supplemental material included with the item from the Planning and Development Department, and further revised to add a condition of approval requiring an on-site manager. Staff is authorized to draft the condition of approval requiring an on-site manager to reflect Council’s direction.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Robinson, Droste, Arreguin; Noes – Harrison; Abstain – None; Absent – None.
B. ZAB Appeal: 1643-1647 California Street, Use Permit #ZP2021-0001 (Continued from November 3, 2022)
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. 11 speakers.
M/S/C (Arreguin/Robinson) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Droste/Kesarwani) to adopt Resolution No. 70,615–N.S. 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.
Vote: All Ayes.
Information Reports
Tuesday, November 15, 2022 ANNOTATED AGENDA Page 16
26. LPO NOD: 2119 Marin Avenue/#LMIN2022-0002
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.
27. LPO NOD: 1325 Arch Street/#LMSAP2022-0007
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.
28. LPO NOD: 2081 Center Street/#LMSAP2022-0006
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.
29. LPO NOD: 2109 Kala Bagai Way/#LMSAP2022-0008
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.
Public Comment – Items Not Listed on the Agenda - 23 speakers.
Adjournment
Adjourned at 11:10 p.m.
Communications
Adeline Street Redesign
1. Pablo Diaz-Gutierrez
2. Jane Scantlebury
3. Tommaso Sciortino
4. Teresa Clarke
5. Abbie Turiansky
6. John Givens
7. Jeffrey Wescott
8. Laura Stevens
9. Sabina McMurtry
10. Nat Kane
All-Day All-Night Festival Noise
11. Kelly Zito
State Required Housing – RHNA Housing Allocation
12. Margaret Pritt
Tuesday, November 15, 2022 ANNOTATED AGENDA Page 17
Catalytic Converter Crime
13. Karl Reeh
Energy Efficient Holidays
14. Christopher La Combe
RHS
15. Anna Avellar
Hopkins Corridor
16. Todd Andrew
17. Margot Smith
18. Luther Miller
19. Evelyn Larsen
20. Meg and Dan Holm
21. Joshua Bloom
22. David Kessler
23. Lisa Oglesby
24. Commission on Aging
Measure L
25. Finance Department (2)
26. Justin Lee
COVID-19 Masking Policies
27. Rainbow Rubin
UC Berkeley Safety Concerns
28. Maria Rosino-Miracco
Hearst Garden/Cottages at 1155-1173 Hearst Avenue
29. Tracey Emerson
30. Dale Anania
Housing Element
31. Janis Ching
32. Richard Illgen
33. Rahel Smith
34. Natalie Hanson
35. 18 similarly-worded form letters
Middle Housing
36. Kyle Scott
Live Transcription
37. Max Ventura
Tuesday, November 15, 2022 ANNOTATED AGENDA Page 18
38. Margot Smith
People’s Park
39. Holly Scott Cayce
40. Marc Sapir
41. Dale Alexander
5G Forests
42. Vivian Warkentin
Phone Bank Lists
43. Samuel Kim, on behalf of Racial Justice and Advocacy Program
1600 Block Woolsey Health and Safety Issues
44. Joshua Landerfelt (2)
Native Landscaping – Less-Thirsty
45. Franziska Raedeker
Codornices Creek Issue
46. Friends of Five Creeks (2)
47. Peter Radu, on behalf of Neighborhood Services
1201-1205 San Pablo Avenue
48. Reed Schwartz
49. Tony Benado
Parking Ticket
50. Dawn Howard
2065 Kittredge Street – Appeal Use Permit #ZP2021-0193
51. Alisha Pember, on behalf of Adams Broadwell Joseph and Cardozo
Crime in Berkeley
52. Tony Benado
53. Alexander Merenkov
Segregation in Berkeley Persists
54. Aimee Baldwin
Neighborhood Noise
55. Paola Bacchetta
AT&T Box Safety Hazard
56. Immanuel Buder
Tuesday, November 15, 2022 ANNOTATED AGENDA Page 19
Supplemental Communications and Reports 1
Item #2: Appointment of the Chief of Police
57. Janice Schroeder
58. Diana Bohn
Supplemental Communications and Reports 2
Item #2: Appointment of the Chief of Police
59. Margaret Fine
60. Diana Bohn (3)
61. Phoebe Thomas Sorgen
62. Andrea Pritchett
63. Kate Lauer
64. Paola Laverde
65. Rivka Polatnick
66. Meghan Schwartz
67. Elana Auerbach
68. Carole Marasovic
69. Cecilia Lunaparra
70. Caleb Dawson
71. Jorie Heilman
72. Mary-Lee Smith
73. Jonathan Garvin
74. Portia Lewis
75. Steve Martinot
Item 21: Budget Referral: Closing the Southside Complete Streets Funding Gap
76. Chuck Siegel
Item #22: Referral: Establishing an Electric Bike Rebate Program and Expanding Low-Income E-Bike Ownership through the Climate Equity Action Fund
77. Tom Lent, on behalf of Walk Bike Berkeley
Supplemental Communications and Reports 3
Item #2: Appointment of the Chief of Police
78. Catherine Huchting
79. Max Ventura
80. Moni Law (2)
81. Janice Schroeder
82. Mansour Id-Deen
83. Julia Cato
84. Ariana Thompson-Lastad
85. Linda Franklin
86. Janet Madilon
87. Berkeley Progressive Alliance
88. Michael Lerner
Tuesday, November 15, 2022 ANNOTATED AGENDA Page 20
89. Hansel Alejandro Aguilar, Director of Police Accountability
90. Brendon Wood, Alameda County Public Defender
91. Anne-Lise Francois
92. Michai Freeman
93. Chrissy Hoffman
94. Mike Iziksun
95. Lynn Cooper
Item #19: Adopt an Ordinance Adding a Chapter 11.62 to the Berkeley Municipal Code to Regulate the Use of Carryout and Produce Bags and Promots the Use of Reusable Bags
96. Bryce Nesbitt
97. Prab Rai, on behalf of CALPIRG Students
Item #20: The Berkeley Baby Book Project: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds
98. Seena Hawley
Item 23: Adoption of the 2022 California Fire Code with Local Amendments
99. Revised material, submitted by the Fire Department
100. Presentation, submitted by the Fire Department
Item #B: ZAB Appeal: 1643-1647 California Street, Use Permit #ZP2021-0001 101. Presentation, submitted by the Planning and Development Department
Urgent Items
Resolution and Letter in Support of UC Academic Workers’ Ongoing Contract Negotiations and Strike Actions
102. Urgent item, submitted by Councilmember Robinson
Budget Referral: Berkeley Junior Jackets Fields Use Expenses 103. Urgent item, submitted by Councilmember Taplin