Tuesday, December 6, 2022 ANNOTATED AGENDA Page 1
ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, December 6, 2022
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702
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 IN A HYBRID MODEL WITH BOTH IN- PERSON
ATTENDANCE AND VIRTUAL PARTICIPATION
For in-person attendees, additional public health protocols will be in place. If you are feeling sick, please do not attend in person.
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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, December 6, 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 6:07 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 Lori Droste, Councilmember, District 8 City Manager Comments:
The City Manager presented the Homeless Response Team Data and Progress Report Public Comment on Non-Agenda Matters: 5 speakers.
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 14 speakers.
Action: M/S/C (Arreguin/Kesarwani) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
1. Urgency Ordinance for Leasing the Real Property at 1720 San Pablo Avenue From: City Manager
Recommendation: Adopt an Urgency Ordinance to enter into a lease for the real property located at 1720 San Pablo Avenue, Berkeley, CA for a term of 5 years.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Urgency Ordinance No. 7,848–N.S. as revised in Supplemental Communications Packet #1 by the City Manager’s Office.
Consent Calendar
Tuesday, December 6, 2022 ANNOTATED AGENDA Page 3
2. Amend Contract No. 32100161 with Dorothy Day House to extend Horizon Village Shelter and Safe RV Parking Program operations
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100161 with Dorothy Day House (DDH) to add $612,559 to cover costs to extend the Safe RV Parking Program (SPARK) through December 31, 2022 and costs to operate the Horizon Village Shelter (HVS) from October 1, 2022 through June 30, 2023 (including the Berkeley Inn from December 7, 2022 through June 30, 2022), for a total contact amount not to exceed $2,270,177.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,623–N.S.
3. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on December 6, 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 - $2,581,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.
4. Classification and Salary: ADA Program Coordinator
From: City Manager
Recommendation: Adopt a Resolution revising the represented classification Disability Services Specialist to ADA Program Coordinator with a monthly salary range of $9,231.73 - $11,162.67.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,624–N.S.
5. Donation: Memorial Bench at Cesar Chavez Park in memory of Linda Loh From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Cesar Chavez Park in memory of Linda Loh.
Financial Implications: Marina Fund - $3,400 (Donation) Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,625–N.S.
Council Consent Items
Tuesday, December 6, 2022 ANNOTATED AGENDA Page 4
Council Consent Items
6. Office of Racial Equity: Re-Entry Employment and Guaranteed Income Programs (Reviewed by the Health, Life Enrichment, Equity & Community Committee)
From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Robinson (Co-Sponsor) Recommendation:
1. Refer to the City Manager to Strengthen Adult Criminal Justice Re-Entry Employment Programs in Berkeley by studying re-entry programs, supports, and systems already available for Berkeley residents, strengthening linkages, and identifying gaps. Report findings back to the Health, Life Enrichment, Equity & Community Committee during 2023.
2. Refer $50,000 to the Budget Process to engage a consultant to recommend a Universal Income Pilot for Berkeley. Recommendation to include evaluation of: - Potential funding sources; -Appropriate and recommended models for Berkeley; - Target population(s) to be supported by Pilot; -Program delivery models; -Evaluation; -Any and all other elements/factors to establish an effective Universal Income Pilot for Berkeley.
Considerations for target populations may include local Equity Indicators measuring racial justice and social equity outcomes such as poverty and financial health, educational disparities, environmental and mental health, housing quality, infrastructure, and public safety.
3. Refer to the City Manager to establish evaluation processes and metrics for all social services programs recommended through the Reimaging Public Safety Process, including but not limited to violence prevention services, adult reentry programs, and mental health crisis response, and report evaluation outcome to the City Council.
Policy Committee Recommendation: To forward the item to Council with a positive recommendation that the City Council approve the item with the Author’s substitute recommendations (as detailed in the report).
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation as recommended by the Health, Life Enrichment, Equity & Community Committee.
Recess 8:47 p.m. – 8:57 p.m.
7. Update on BPD efforts related to the Improving Hate Crimes Reporting and Response Referral (Continued from November 15, 2022)
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
Action: 3 speakers. Presentation made and discussion held.
Action Calendar – Public Hearings
Tuesday, December 6, 2022 ANNOTATED AGENDA Page 5
Action Calendar – Public Hearings
8. Renewal of the Elmwood Avenue BID for Calendar Year 2023 From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Elmwood Business Improvement District (hereafter, “the District”, “the Elmwood BID” or “the BID”) for 2022-23 and, if no majority protest exists, levy annual assessments in the District for calendar year 2023 to finance services and improvements and authorize a fiscal agency contract with Elmwood Business Association for receipt and expenditure of District funds.
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530
Public Testimony: The Mayor opened the public hearing. 0 speakers.
M/S/C (Arreguin/Droste) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Droste/Wengraf) to adopt Resolution No. 70,626–N.S.
Vote: All Ayes.
9. Adoption of the 2022 California Fire Code with Local Amendments – Second Reading
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt the second reading of Ordinance No. 7,845-N.S. repealing and reenacting the Berkeley Fire Code, including amendments to the California Fire Code as outlined in the proposed ordinance, plus Appendix Chapters D, E, F, L (as amended by BMC 19.48.020, Amendments to the California Fire Code) and O published by the International Code Council not included in the California Building Standards Code, as Berkeley Municipal Code Chapter 19.48.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Public Testimony: The Mayor opened the public hearing. 0 speakers.
M/S/C (Arreguin/Wengraf) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Wengraf/Harrison) to adopt the second reading of Ordinance No. 7,845-N.S.
Vote: All Ayes.
Action Calendar – Public Hearings
Tuesday, December 6, 2022 ANNOTATED AGENDA Page 6
10. Citywide Affordable Housing Requirements
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:
1. Adopt first reading of an Ordinance to amend the Berkeley Municipal Code Chapter 23.328, updating the citywide Affordable Housing Requirements (AHR) in the Zoning Ordinance and repealing existing administration and zoning code sections that refer to affordable housing requirements, BMC Section 22.20.065, and Section 23.312.040(A)(6), to become effective on April 1, 2023.
2. Adopt a Resolution establishing regulations for a voucher program and establishing an in-lieu fee pursuant to BMC Section 23.328.020(A)(2) (Attachment 2) upon the effective date of contemporaneously adopted amendments to BMC Section
23.328, and rescind Resolution No. 68,074-N.S. related to fees, exemptions, and administration of inclusionary affordable housing and in-lieu programs upon the effective date of contemporaneously adopted amendments to BMC Section 23.328.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400, Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Item 10 removed from the agenda by the City Manager.
Information Reports
11. FY 2022 Fourth Quarter Investment Report: Ended June 30, 2022 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Received and filed.
Public Comment – Items Not Listed on the Agenda - 2 speakers.
Adjournment
Action: M/S/C (Arreguin/Droste) to adjourn the meeting.
Vote: All Ayes.
Adjourned at 9:36 p.m.
Communications
Homelessness/Encampments
1. Pamela Michaud
2. Mike Kim (3)
3. Justin Shapiro
4. Peter Radu (2)
5. Ron Restani
Property Crime Is On The Rise
Tuesday, December 6, 2022 ANNOTATED AGENDA Page 7
6. Jordan Sax
CalPERS Funding for City of Berkeley
7. Geoff Lomax
Harriet Tubman Terrace Apartments
8. Daxinxoso Oyamasela
9. M. Mendonca
People’s Park
10. Susanna Lamaina
11. Wynd Kaufmyn
12. Jacob Picheny
North Berkeley BART Development
13. Sue Martin
14. Virginia Browning
15. Vicki
Staffing Shortage at City of Berkeley
16. David Lerman
EV Scooter Hazards - Being Ridden On Sidewalk
17. Kathleen Krier
E-Bike Rebate
18. Edwin Bish
Berkeley Police Department Culture
19. Diana Bohn
Measure L
20. Krista Denton
21. Robert Reiter
Letter of Commendation for an Ecology Employee
22. Mary McBride
Eviction Moratorium
23. Carol Curtis
Most Future-Ready Cities
24. Vivian Warkentin
Supplemental Communications and Reports 1
Tuesday, December 6, 2022 ANNOTATED AGENDA Page 8
Item #1: Urgency Ordinance for Leasing the Real Property at 1720 San Pablo Avenue
25. Supplemental material, submitted by the City Manager’s Office Item #10: Citywide Affordable Housing Requirements
26. Supplemental material, submitted from Planning and Development Supplemental Communications and Reports 2
Item #1: Urgency Ordinance for Leasing the Real Property at 1720 San Pablo Avenue
27. Meryl Siegal
28. Aimee Baldwin
Item #2: Amend Contract No. 32100161 with Dorothy Day House to extend Horizon Village Shelter and Safe RV Parking Program operations
29. Elana Auerbach
Item #6: Office of Racial Equity: Re-Entry Employment and Guaranteed Income
30. Lorenzo Grayson
Supplemental Communications and Reports 3
City Manager Comments
31. Presentation “Homeless Response Team Update”, submitted by the City Manager’s Office
Item #1: Urgency Ordinance for Leasing the Real Property at 1720 San Pablo Avenue
32. Acacia Schmidt
33. Beth Gerstein, on behalf of Councilmember Kesarwani
34. Meryl Siegal
35. Hans Ashlock
36. Toni Mester
Item #6: Office of Racial Equity: Re-Entry Employment and Guaranteed Income
37. Tom Lent
38. Igor Tregub, on behalf of the Sierra Club
39. Igor Tregub, on behalf of the Alameda County Democratic Party
40. Ayanna Davis
41. Maryann O’Sullivan
Item #7: Update on BPD efforts related to the Improving Hate Crimes Reporting and Response Referral
42. Presentation, submitted by the Police Department
Item #10: Citywide Affordable Housing Requirements
43. Toni Mester (2)
44. Janis Ching