Agenda packet — Berkeley City Council, April 11, 2023 (part 1 of 4)

Tuesday, April 11, 2023 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, April 11, 2023
6:00 PM

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

This meeting will be conducted in a hybrid model with both in -person attendance and virtual participation . For in- person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

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.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this UR L: https://cityofberkeley- info.zoomgov.com/j/1606544287. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1 -833-568-8864 (Toll Free) and enter Meeting ID: 160 654 4287. 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 meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

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 C ouncil 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.

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Tuesday, April 11, 2023 AGENDA Page 2

Preliminary Matters
Roll Call:

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: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. Persons attending the meeting in-person and wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.

Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

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.

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Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for pub lic comment on Consent Calendar and Information items.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Consent Calendar

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of February 14 (regular), February 21 (special), February 27 (closed and special), February 28 (special and regular), March 13 (closed), March 14 (special and regular), March 20 (special) and March 21 (special and regular).

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900

2. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on April 11, 2023
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: General Fund - $120,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

3. Contract No. 31900273 Amendment: Bay Area Community Services North County Housing Resource Center
From: City Manager
Recommendation: Adopt a Resolution amending Contract No. 31900273 with Bay Area Community Services (BACS) North County Housing Resource Center (HRC) by increasing the not to exceed amount (NTE) by $80,000 utilizing one-time grant funds.

The amendment will increase the NTE amount from $11,410,274 to $11,490,274.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

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Consent Calendar
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4. Contract: JSI Research & Training Institute, Inc. for Community Health Assessment, Innovation, and Improvement Plan Consultant From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with JSI Research & Training Institute, Inc. to serve as a Community Health Assessment, Innovation, and Improvement Plan consultant for the City of Berkeley’s Health, Housing, and Community Services (HHCS) Department from May 1, 2023 to May 1, 2025 in an amount not to exceed $249,413.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

5. Contract: Easy Does It for Provision of Wheelchair Van Service for Seniors & the Disabled
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, or her designee, to execute a contract and any amendments with Easy Does It in the amount of $175,000 for the period of July 1, 2023 through June 30, 2026 for the provision of accessible wheelchair van services to clients of the Aging Services Division’s Berkeley Rides for Seniors & the Disabled program.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

6. Contract No. 32100126 Amendment: Anjanette Scott LLC for Housing Consultant Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100126 with Anjanette Scott LLC increasing the contract by $50,000 for consulting services in a total amount not to exceed $150,000, with a contract end date of June 30, 2024.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

7. Contract No. 32000224 Amendment: GovtInvest Labor Costing, Pension & OPEB Analysis Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment to Contract No. 32000224 with GovInvest for a labor costing, pension and OPEB (Other Post-Employment Benefits) analysis software system, increasing the amount of the contract by $150,000 to cover 3 years of subscription access to this service for a revised total contract amount not to exceed $200,000.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

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Consent Calendar
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8. Side Letter of Agreement – Service Employees International Union, Local 1021 Community Services & Part-Time Recreation Leaders Association From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with Service Employees International Union, Local 1021 Community Services & Part-Time Recreation Leaders Association (PTRLA) to modify Section 15.6 of the Memorandum of Agreement regarding Hazardous Substance Special Assignment Pay. Effective July 7, 2022, employees who are regularly assigned to perform services in unhoused settings throughout the service area shall receive a three percent (3%) salary differential to their base pay for all actual hours worked in the field and performing duties in unhoused settings. This Resolution follows Council consideration of this item in Closed Session on December 12, 2022.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

9. Contract No. 31900122-1 Amendment: Rolling Orange, Inc. for Additional Website Maintenance and Support
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900122-1 with Rolling Orange, Inc. for additional website maintenance and support for an amount not-to-exceed $105,000 and a total contract value not-to-exceed $674,300 from March 1, 2019 to June 30, 2025.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

10. Donation: Memorial Bench at the Berkeley Marina in memory of Sophia Pritzos 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 the Berkeley Marina in memory of Sophia Pritzos.

Financial Implications: $3,400 (Donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

11. Lease Amendment: Cazadero Performing Arts Camp (CPAC), 5385 Cazadero Hwy, Cazadero, CA 95421
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute an amendment to a lease agreement with Cazadero Performing Arts Camp (CPAC), at 5385 Cazadero Hwy, Cazadero, CA 95421, for City to disburse up to $400,000 to tenant to implement capital improvements to satisfy City’s obligations under the lease.

Financial Implications: Measure T1 Fund - $400,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

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12. Contract: Power Engineering Construction for the Selective Timber Pile Replacement Project at the Berkeley Marina
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the Berkeley Marina Selective Pile Replacement Project (Bid Specification No. 23- 11567-C); and 2. Accepting the bid of Power Engineering Construction as the lowest responsive and responsible bidder on the Project; and 3. 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, with Power Engineering Construction, for the Berkeley Selective Piling Replacement Project, in an amount not to exceed $3,175,000, which includes a contract amount consisting of base bid plus allowance of $2,710,690 and a 17.13% contingency in the amount of $464,310.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

13. Contract No. 10785 Amendment: West Coast Arborist, Inc for Tree Removal and Pruning Service
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 10785 with West Coast Arborist, Inc. for tree removal and pruning service by increasing the contract amount by $100,000 for a not-to-exceed amount of $1,290,000.

Financial Implications: 2023 Parks Tax Fund - $1,290,000 Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

14. Accept Grant Funding From the Board of State and Community Corrections (BSCC) Officer Wellness and Mental Health Grant Award Program From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, or designee, to accept the Board of State and Community Corrections (BSCC) Officer Wellness and Mental Health Grant Award. The total funding awarded to the Berkeley Police Department is $106,014 for the period July 1, 2022, to December 1, 2025. Funds for the grant will be used to enhance officer wellness and resilience by providing mental health resources.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

15. Support March 21, 2023 Day of Action Urging Banks to Divest from Fossil Fuel Businesses
From: Peace and Justice Commission
Recommendation: Adopt a Resolution that the City of Berkeley Council support the Tuesday March 21, 2023 nation-wide day of action to tell banks to divest from fossil fuel projects, and encourages Berkeley’s residents to support and participate in local actions on that date.

Financial Implications: None
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100

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Consent Calendar
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16a. Allocation of $3 Million Over Two Years, FY 2024 and FY 2025, to Reduce Consumption and Health Impacts of Sugar-Sweetened Beverages (SSBs). (Reviewed by the Budget and Finance Policy Committee)
From: Sugar Sweetened Beverage Product Panel of Experts Recommendation: Adopt a Resolution allocating $3 million from the General Fund in FY24 (July 1, 2023 through June 30, 2024) and FY25 (July 1, 2024 through June 30, 2025) that shall be invested in a grant program administered and coordinated by the Department of Health, Housing, and Community Services’ (HHCS) Public Health Division (HHCS/PHD) consistent with the Sugar-Sweetened Beverage Product Panel of Experts (SSBPPE) Commission’s goals to reduce the consumption of sugar sweetened beverages (SSB) in Berkeley and to address the health effects of SSB consumption. The total of $3 million will be distributed in two installments of $1.5 million per year for FY24 and FY25. In each of these years, the funds will be distributed as follows: a. Direct the City Manager to award up to 42.5% of the allocated funds to Berkeley Unified School District (BUSD) through a grant proposal to reduce the consumption of sugar-sweetened beverages (SSBs) through the implementation and enhancement of the BUSD cooking and gardening programs.

The BUSD funding process is separate from the RFP process for the general community-based organization funding process and shall be guided by the SSBPPE Commission’s Criteria for BUSD Funding. b. Direct the City Manager to award at least 42.5% of the allocated funds through an RFP process managed by HHCS/PHD for grants to community-based organizations consistent with the SSBPPE Commission’s goals to reduce the consumption of SSBs and to address the effects of SSB consumption. The community-based organization funding RFP process is separate from the BUSD funding process and shall be guided by the SSBPPE Commission’s Criteria for Community Agency Grants. c. Direct the City Manager to utilize up to 15% of the allocated funds to support HHCS/PHD to coordinate and monitor the grant process, coordinate the overall program evaluation, and produce an annual report that disseminates process and outcome data from the epidemiologist resulting from the SSBPPE Commission funding program as well as pay certain City of Berkeley Finance Department costs related to the sugary drink tax.

Policy Committee Recommendation: To forward the item to Council with a Qualified Positive Recommendation to approve staff’s recommendation, with an additional amount of $35,590 in FY24 and FY25, and any additional revenues beyond the projected amounts being prioritized for grants.

Financial Implications: See report
Contact: Roberto Terrones, Commission Secretary, (510) 981-5400

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16b. Companion Report: Allocation of $3 Million Over Two Years, FY24 and FY25, to Reduce Consumption and Health Impacts of Sugar-Sweetened Beverages (SSBs). (Reviewed by the Budget and Finance Policy Committee) From: City Manager
Recommendation: Adopt a Resolution allocating $2 million from the General Fund in FY24 (July 1, 2023 through June 30, 2024) and FY25 (July 1, 2024 through June 30, 2025) that shall be invested in a grant program administered and coordinated by the Department of Health, Housing, and Community Services’ (HHCS) Public Health Division (HHCS/PHD) consistent with the Sugar-Sweetened Beverage Product Panel of Experts (SSBPPE) Commission’s goals to reduce the consumption of sugar sweetened beverages (SSB) in Berkeley and to address the health effects of SSB consumption. The total of $2 million will be distributed in two installments of $1 million per year for FY24 and FY25. The funds will be distributed as follows: a. Direct the City Manager to award up to $712,000 of the allocated funds to Berkeley Unified School District (BUSD) for the period, July 1, 2023 to June 30, 2025 through a grant proposal to reduce the consumption of sugar-sweetened beverages (SSBs) through the implementation and enhancement of the BUSD cooking and gardening programs. The BUSD funding process is separate from the RFP process for the general community-based organization funding process and shall be guided by the SSBPPE Commission’s Criteria for BUSD Funding. b. Direct the City Manager to award at least $712,000 of the allocated funds for the period, July 1, 2023 to June 30, 2025 through an RFP process managed by HHCS/PHD for grants to community- based organizations consistent with the SSBPPE Commission’s goals to reduce the consumption of SSBs and to address the effects of SSB consumption. The community-based organization funding RFP process is separate from the BUSD funding process and shall be guided by the SSBPPE Commission’s Criteria for Community Agency Grants. c. For the period, July 1, 2023 to June 30, 2025, direct the City Manager to allocate $125,000 to fund Finance Department costs for staffing and MuniServices fees and $451,000 to HHCS/PHD for staffing, operating and consulting costs to coordinate and monitor the grant process, manage resulting contracts awarded, support activities aligned with the goal of the sugary beverage tax, including the Healthy Retail Checkout ordinance, and provide an annual presentation to the SSBPPE Commission that includes process and outcome data and updates on Finance Department fees related to the sugary drink tax for the SSBPPE Commission to inform the development of the Commission’s annual report. d. Carryover any sugary drink tax revenue received in excess of $2 million during FY24 and FY25 to be awarded for related services in FY25 – FY27.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

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Council Consent Items
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17. Support AB 40 – Improving Ambulance Patient Offload Times From: Mayor Arreguin (Author), Councilmember Bartlett (Co-Sponsor) Recommendation: Adopt a Resolution in support of AB 40 (Rodriguez), which develops a 20-minute statewide standard for ambulance patient offload times. Send a copy of the Resolution to Assemblymembers Freddie Rodriguez and Buffy Wicks, State Senator Nancy Skinner, and Governor Gavin Newsom.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100

18. Resolution to Support AB 1001
From: Mayor Arreguin (Author), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor)
Recommendation: Adopt a Resolution in support of Assembly Bill 1001, introduced by Assembly Member Matt Haney, and send a copy of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, and Assembly Members Matt Haney and Buffy Wicks.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

19. Establishment of Fred Ross Memorial Bench in Cesar Chavez Park From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution directing the City Manager to work with the family of the late Fred Ross Jr. to dedicate a memorial bench at the west facing edge of Cesar Chavez Park in his honor. The family of Fred Ross Jr. shall be responsible for the cost of the bench and shall be engaged in determining the location of the bench.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100

20. Support for AB 1690 (Universal health care coverage) From: Councilmember Taplin (Author), Mayor Arreguin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Harrison (Co-Sponsor) Recommendation: Send a letter to Assemblymember Ash Kalra (D-San Jose) in support of AB 1690 (Universal health care coverage).

Financial Implications: Staff time
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

21. Support for AB 362 (Land value taxation study)
From: Councilmember Taplin (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Harrison (Co-Sponsor)
Recommendation: Send a letter to Assemblymember Alex Lee (D-San Jose) in support of AB 362 (Land value taxation study).

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

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Council Consent Items
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22. Referral to the June 2023 Budget Process to Increase Capacity for Berkeley Community Media
From: Councilmember Harrison (Author), Councilmember Bartlett (Co- Sponsor)
Recommendation: Refer $54,000 to the June, 2023 budget Process to increase personnel funding for Berkeley Community Media (BCM), advancing two current part time employees to full time.

Financial Implications: $54,000
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

23. Referral to the June 2023 Budget Process for Funding Harold Way Placemaking Project Schematic Design
From: Councilmember Harrison (Author)
Recommendation: Refer $100,000 to the June 2023 Budget Process to fund Harold Way Placemaking Project Schematic Design.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

24. Referral to the June 2023 Budget Process as a sole source procurement contract for Two Full-Time Social Workers for Social Justice Collaborative From: Councilmember Harrison (Author)
Recommendation: Refer $147,000 to the June 2023 Budget Process as a sole source procurement contract for annual staffing costs associated with funding two social workers to provide low-income immigrants, asylum seekers, unaccompanied children, young dreamers, and displaced families with direct legal services and legal representation.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

25. Referral $100,000 to the June, 2023 Budget Process to Design a Comprehensive Berkeley Police Early Intervention and Risk Management System
From: Councilmember Harrison (Author), Councilmember Bartlett (Co- Sponsor)
Recommendation: Refer $100,000 to the June, 2023 Budget Process to enter into a contract to design and assist with implementing a comprehensive Berkeley Police Department Early Intervention and Risk Management System to provide necessary data and help in implementing fair and impartial policing policies and public safety reimagining.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

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26. Referring $579,000 to the June 2023 Budget Process for Staffing Costs Associated with Acquisition of and Prevention of Displacement from Multi- Family Housing
From: Councilmember Harrison (Author)
Recommendation: Refer $579,000 to the June 2023 Budget Process for annual City staffing costs and for allied non-profits to implement and administer programs associated with acquisition and prevention of displacement from multi-family housing including the Small Sites Program, investments related to the Empty Homes Tax, and administrative implementation of the proposed Berkeley Community and Tenant and Opportunity to Purchase Act (COPA/TOPA).

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

27. Relinquishment of Council Office Budget Funds to Grant Downtown Berkeley Association (DBA) $500 for 2274 Shattuck Avenue Mural Project serving a Municipal Public Purpose.

From: Councilmember Harrison (Author), Councilmember Bartlett (Co- Sponsor)
Recommendation: Adopt a resolution approving the expenditure to grant Downtown Berkeley Association (DBA) $500 for the 2274 Shattuck Avenue Mural Project serving a Municipal Public Purpose, with funds relinquished to the City’s general fund for this purpose from Councilmember Harrison’s discretionary Council Office Budget Fund.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

28. Resolution in Support of AB 641: Automobile dismantlers: catalytic converters From: Councilmember Harrison (Author)
Recommendation: Adopt resolution in support of AB 641, Automobile dismantlers:
catalytic converters, amending Section 220 of the Vehicle Code to revise and expand the definition of “automobile dismantler” to include individuals illegally in possession of two or more catalytic converters.

Financial Implications: Staff time
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

29. Proclaiming May as Jewish American Heritage Month
From: Councilmember Hahn (Author), Councilmember Wengraf (Co-Sponsor) Recommendation: Adopt a resolution proclaiming May as Jewish American Heritage Month.

Financial Implications: None
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

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30. Kala Art Institute 2023 Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor) Recommendation: Adopt a resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $250 from Councilmember Hahn and $500 from Councilmember Taplin, to the Kala Art Institute, a 501(c)(3) non-profit organization, to support Art Kala 2023, 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 budgets of Councilmembers Hahn and Taplin, and from any other Councilmembers who would like to contribute.

Financial Implications: Councilmembers' Discretionary Funds - $500 Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

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31. Budget Referral: Funds to Study Berkeley’s Affordable and Social Housing Needs and Programmatic and Funding Opportunities
From: Councilmember Hahn (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Taplin (Co-Sponsor)
Recommendation: Refer $250,000 to the June 2023 budget process to study and report to Council on: 1. The need for Affordable Housing in Berkeley to: a. Rehouse Berkeley’s unhoused residents. b. Meet the housing needs of very low-, low- and moderate-income Berkeley residents, from less than 30% to 120% of Area Median Income (AMI). c. Significantly increase cooperative, land trust, and other Social Housing, including innovative social housing models that provide significant moderate-income housing opportunities. d. Meet the needs of low-income artists, seniors, individuals with disabilities, and other populations with unique needs. e.

Potentially increase Affordable Housing, up to 100%, at North Berkeley and Ashby Bart Stations. f. Meet the City’s Housing Element Affordable Housing production requirements of 5,270 units from 30%-120% AMI in a timely manner, prior to the end of the current RHNA cycle in 2031. 2. Existing and potential new programs to increase homeownership for low-income and first-time homebuyers. 3.

Needs/programs to accelerate the City’s Small Sites Program. 4. Existing and upcoming funds available at the local, County, Regional, State, and Federal levels to support Berkeley in meeting its Affordable and Social Housing needs and requirements. 5. Berkeley-specific funds required to meet Affordable and Social Housing needs and to produce Berkeley’s RHNA-required Affordable Housing, including funds to build capacity at Land Trusts and other organizations to deliver Cooperative and Social Housing. 6. Existing sources and amounts of Funding available to meet Berkeley’s Affordable and Social Housing needs and requirements.

7. Potential Bonds or other measures to secure necessary Affordable and Social Housing funds including a potential measure or measures on the November 2024 ballot, based on the success of 2018 Measure O. 8. Added costs of delaying the preservation and construction of Affordable Housing, including potential increased costs for land, financing, and construction, and the yearly/per-individual cost of providing services to Berkeley’s unhoused residents. 9. Consequences of failure to meet RHNA Affordable Housing allocations in a timely manner. 10. Potential re- authorization of Measure P in November of 2024 as a permanent measure, to extend additional funding available to support rehousing the homeless. 11. Any other information related to Affordable and Social Housing in Berkeley to help inform residents and the City Council of the need for additional Affordable Housing and Affordable Housing programs and funds, and funds to rehouse the homeless.

Study to be delivered to the City Council no later than December 1, 2023 and to include a plan for Berkeley to meet its Affordable and Social Housing needs and requirements and recommendations for additional funds, programs, and other measures to meet needs over the next decade.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

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32. Budget Referral: $30,000 for Yield Signs at Two Unmarked Intersections From: Councilmember Wengraf (Author)
Recommendation: In support of the City’s Pedestrian Plan with a vision that, “Berkeley is a model walkable city where traveling on foot or with an assistive device is safe, comfortable, and convenient for people of all races, ethnicities, incomes, ages, and abilities,” refer to the Fiscal Year 2024 Budget Process an allocation of $30,000 to install “YIELD” signs at two unmarked intersections at Shasta and Queens and Quail and Queens.

Financial Implications: $30,000
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

33. Budget Referral: $150,000 for Handrails, Lights and Signage for City Pedestrian Path Network
From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor), Councilmember Humbert (Co-Sponsor), Councilmember Taplin (Co-Sponsor) Recommendation: In support of the City’s goals as stated in the “General Plan,” “Local Hazard Mitigation Plan,” “Pedestrian Plan,” and “Community Wildfire Protection Plan”, refer to the Fiscal Year 2024 Budget Process an allocation of $150,000 for the installation of lighting, handrails and signage on paths deemed most critical for safe evacuation throughout Berkeley.

Financial Implications: $150,000
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

34. Approval of the Public Bank East Bay Viability Study (Reviewed by the Budget & Finance Committee)
From: Councilmember Robinson (Author), Mayor Arreguin (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor) Recommendation: Refer to the Budget & Finance Policy Subcommittee to review and discuss the Public Bank East Bay Viability Study and consider the following recommendations for the full Council: (1) Adopt a resolution formally adopting the viability study; (2) Adopt a resolution of intention to form the Public Bank East Bay alongside Oakland & Richmond; (3) Refer to the City Manager to coordinate with the Friends of the Public Bank of the East Bay and the staff of the cities of Oakland and Richmond on the development of a business plan for the Public Bank of the East Bay, or designate the appropriate staff to do so; (4) Refer to the City Manager to engage an independent consultant with expertise in banking operations and financing to advise city staff as they coordinate with the Friends of the Public Bank East Bay and participating jurisdictions in the production of a business plan for a public bank
Policy Committee Recommendation: To send the item to Council with a positive recommendation.

Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

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Council Consent Items
Tuesday, April 11, 2023 AGENDA Page 15

35. Budget Referral: Fully fund the City’s 50-50 Sidewalk Repair Program From: Councilmember Humbert (Author), Councilmember Robinson (Co- Sponsor)
Recommendation: Refer $2.2 million to the FY 24 Mid-Biennial Budget Update for the purpose of fully funding clearance of the existing backlog in Berkeley’s 50-50 Sidewalk Repair Program. Refer an additional $1 million per year (above the existing $1 million baseline funding for sidewalk repair) to future budget processes to ensure all of Berkeley’s sidewalks are kept in a state of good repair.

Financial Implications: See report
Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180 Action Calendar
The public may comment on each item listed on the agenda for action. 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 during one of the Action Calendar public comment periods on the item. Public comment will occur for each Action item (excluding public hearings, appeals, and/or quasi-judicial matters) in one of two comment periods, either 1) before the Action Calendar is discussed; or 2) when the item is taken up by the Council.

A member of the public may only speak at one of the two public comment periods for any single Action item.

The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, 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 – Scheduled Public Comment Period
During this public comment period, the Presiding Officer will open and close a comment period for each Action item on this agenda (excluding any public hearings, appeals, and/or quasi -judicial matters). The public may speak on each item. Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

Action Calendar – Old Business

36. Adopt Ordinance Adding Chapter 2.102 to the Berkeley Municipal Code to Establish a Labor Peace Policy Minimizing Labor/Management Conflict in Berkeley Marina Zone (Continued from March 21, 2023) (Item Contains Revised Material)
From: Councilmember Harrison (Author), Mayor Arreguin (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Adopt Ordinance Adding Chapter 2.102 to the Berkeley Municipal Code (BMC) to Establish a Labor Peace Policy minimizing labor/management conflict in Berkeley Marina Zone.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

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Action Calendar – New Business
Tuesday, April 11, 2023 AGENDA Page 16

37. Unfunded Liability Obligations and Unfunded Infrastructure Needs From: City Manager
Recommendation: That the City Council takes the following actions:

1. Accept the Unfunded Liability Obligations and Unfunded Infrastructure Needs report;

2. Receive a presentation on Pensions and Other-Post Employment Benefits tonight and provide staff with direction;

3. Schedule for either the April 25, 2023 City Council Meeting or at a later date to be determined a presentation and discussion on Unfunded Infrastructure Needs.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

38a. Recommendation for RV Lot and Waste Management on Streets for RVs From: Homeless Services Panel of Experts
Recommendation: The Homeless Services Panel of Experts recommends to Council that they refer to staff to expedite all efforts to identify a location for another RV lot(s) to take the place of the now closed SPARK lot at 742 Grayson and that the new lot identified require mandatory safety inspections and fire extinguishers to be provided. The Homeless Services Panel of Experts further recommends that Council refer to staff to develop a waste management plan to be implemented for RVs currently on the streets.

Financial Implications: See report
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400

38b. Companion Report to Recommendation for RV Lot and Waste Management on Streets for RVs
From: City Manager
Recommendation: Refer the Homeless Services Panel of Experts’ recommendation to identify and expedite a new safe RV parking location/program and develop a waste management plan for RVs on the streets to the Budget and Finance Policy Committee for consideration alongside all other homeless services priorities in the budget process.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000

39a. Referral of two health educator positions to the COB FY 2024 budget process From: Peace and Justice Commission
Recommendation: Refer to the budget process a request for estimated $150,000 annually, beginning in FY 2024 or as early as the AAO #2 process in spring 2023, for staffing, materials, and supplies to be able to more broadly and flexibly conduct health education, prevention, and outreach to reduce health disparities, as proposed by the Peace and Justice Commission.

Financial Implications: See report
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100

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Action Calendar – New Business
Tuesday, April 11, 2023 AGENDA Page 17
39b. Companion Report: Referral of two health educator positions to the COB FY 2024 budget process
From: City Manager
Recommendation: Refer to the Peace and Justice Commission’s request for $150,000 annually for staffing, materials, and supplies for health education and outreach to the Budget and Finance Policy Committee for further deliberation.

Financial Implications: None
Contact: Peter Radu, City Manager's Office, (510) 981-7000

Information Reports

40. Environment and Climate Commission 2023 Work Plan
From: Environment and Climate Commission
Contact: Billi Romain, Commission Secretary, (510) 981-7400

Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.

Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver commun ications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at https://berkeleyca.gov/.

Agendas and agenda reports may be accessed via the Internet at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be read at reference desks at the following locations:

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Tuesday, April 11, 2023 AGENDA Page 18
City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (510) 981-6418 (V) or (510) 981-6347 (TDD) at least three business days before the meeting date.

Attendees at public meetings are reminded that other attendees may be sensitive to various scen ts, whether natural or manufactured, in products and materials. Please help the City respect these needs.

Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on March 30, 2023.

Mark Numainville, City Clerk

Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Unhoused Attacking Community Members

1. Diana Lui, Creative Director, Asha Tea House

2. Sergeant Kevin Kleepe, Community Service Bureau, Special Response Team with City of Berkeley Police Department (2)

3. Anna Weinstein

BART Development

4. Tom Athanasiou

5. Netsy Firestein

6. Stephanie Roth

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Tuesday, April 11, 2023 AGENDA Page 19

7. Gerry Tierney

8. Greg Castillo

9. Matthew Wadlund

10. Pablo Diza-Gutierrez

11. Julie Goldobin

12. Lee Bishop

13. Andrea Horbinski

14. Teresa Clarke

Golden Bear Housing

15. Peter Radu, Manager of Neighborhood Service

16. Becca Sullivan

Aquatic Park Fish Die-Off

17. Melinda Howard-Herrarte, on behalf of Northern Alameda County Group

Gender Based Domestic Violence

18. Cameron Johnson, on behalf of Homeless Services Panel of Experts

Recycling

19. David Lerman (2)

20. Heather Kay

Fire Evacuation & Emergency Service Routes

21. Margot Smith, on behalf of Commission on Aging

CDC Maternal Mortality Rates 2021

22. Carole Marasovic

Chipper Postcard Mailer

23. David Sprague, Interim Fire Chief

Creating Quiet Zones

24. Amir Gholi

Add Domestic Violence Department Back to Berkeley Police Department

25. Mee345@ (2)

Public Comment at Council Meetings

26. Vivian Warkentin

Support Hybrid Meetings

27. Ardys D.

Garbage Rates

28. Marilyn Kwock

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Tuesday, April 11, 2023 AGENDA Page 20

29. Donna Hemmila

30. Robert Lauriston

31. Pamela Michaud

32. Eric Friedman

Fixed Video Surveillance Cameras

33. Hansel Alejandro Aguilar, Director of Police Accountability

34. Jen Louis, Interim Police Chief

Senior Centers

35. Eileen Hughes

36. Wendy Alfsen

37. Jamal Williams

Offer to Present Center Street Greenway

38. Kirstin Miller, on behalf of Ecocity Builders

Harriet Tubman Apartments

39. Moni Law

40. Christoverre Kohler

Support for Ebike Rebate & Bike Storage

41. Tom Lent and Liza Lutzker, on behalf of Walk Bike Berkeley

Regulate Pesticides

42. Maya Cohen

Ohlone Greenway at North Berkeley BART

43. Charles Siegel
Golden Gate Fields/Horses

44. Angie Bushby

45. Melissa Mangini

46. Nancy Veerhusen

47. Marisa Menedez

48. Dale A

49. Jennifer Milliken

Residential Vacancy Rates

50. Gregory Kalkanis

Keep Innovations in Berkeley Initiative

51. Wesly Jackson, on behalf of Valitor

Banning the Retail Sale of Animals

52. Laura Ide

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Tuesday, April 11, 2023 AGENDA Page 21
People’s Park Anniversary Needs Porta-Potties

53. Hali Hammer

Shattuck Avenue Building Heights

54. Larisa Cummings

Berkeley Municipal Code 7.72

55. Narelia

Fraudulent Sale of 1590 Oregon to Avoid Taxes

56. George Wolff

Tibetan National Flag Raising Ceremony

57. Jinpa Tharchin, on behalf of Tibetan Association of Northern California

Berkeley’s Mansion Tax

58. Fred Dodsworth

American For Responsible Technology

59. Vivian Warkentin

Restore and Daylight Strawberry Creek

60. Pamela Drake

Trash Pickup at Sweet Green Restaurant

61. Chris Cook

Proclamation for 100 Years of Age Berkeley Resident

62. Berkeley’s Mayor Office
Storm Situation Update for March 27 to March 28, 2023

63. Dee Williams-Ridley, City Manager

URL’s Only

64. Vivian Warkentin (4)

65. Fred Dodsworth
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

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Tuesday, April 11, 2023 AGENDA Page 22
• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/manager

CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of February 14 (regular), February 21 (special), February 27 (closed and special), February 28 (special and regular), March 13 (closed), March 14 (special and regular), March 20 (special) and March 21 (special and regular).

CONTACT PERSON
Mark Numainville, City Clerk, 981-6900
Attachments:

1. February 14, 2023 - Regular Council Meeting

2. February 21, 2023 - Special Council Meeting

3. February 27, 2023 – Special Closed Council Meeting

4. February 27, 2023 - Special Council Meeting

5. February 28, 2023 - Special Council Meeting

6. February 28, 2023 - Regular Council Meeting

7. March 13, 2023 – Special Closed Meeting

8. March 14, 2023 – Special Council Meeting

9. March 14, 2023 – Regular Council Meeting

10. March 20, 2023 – Special Council Meeting

11.March 21, 2023 - Special Council Meeting

12.March 21, 2023 -Regular City Council Meeting

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Tuesday, February 14, 2023 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, February 14, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

ATTENDANCE AND VIRTUAL PARTICIPATION
For in-person attendees, face coverings or masks that cover both the nose and the mouth are required. Physically distanced seating will be available. If you are feeling sick, please do not attend the meeting in person.

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.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://cityofberkeley-info.zoomgov.com/j/1617057994. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 705 7994. 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 meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

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.

Attachment 1

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Tuesday, February 14, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:04 p.m.

Present: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin

Absent: Bartlett
Councilmember Bartlett present at 6:08 p.m.

Ceremonial Matters:

1. Adjourned in memory of Chimey Lee, Community Activist

2. Adjourned in memory of Mel Martynn, Community Activist

3. Adjourned in memory of Richard Valle, Alameda County Supervisor, District 2

4. Adjourned in memory of Susan Felix, Arts and Affordable Housing Advocate City Manager Comments: None.

Public Comment on Non-Agenda Matters: 10 speakers.

Action: M/S/C (Arreguin/Robinson) to accept an urgency item from Councilmember Robinson pursuant to Government Code Section 54954.2(b)(2) entitled Letter to Senator Nancy Skinner and Assemblymember Phil Ting in Support of Public Transit Funding in FY 2023-24 State Budget.

Vote: All Ayes.

Action: M/S/C (Arreguin/Harrison) to accept an urgency item from Councilmember Bartlett pursuant to Government Code Section 54954.2(b)(2) entitled Black History Month Awards by the Berkeley Public Schools Fund: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds.

Vote: All Ayes.

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Consent Calendar
Tuesday, February 14, 2023 MINUTES Page 3
Public Comment on Consent Calendar and Information Items Only: 8 speakers.

Action: M/S/C (Arreguin/Hahn) to adopt the Consent Calendar in one motion except as indicated.

Vote: All Ayes.

Urgent Item: Letter to Senator Nancy Skinner and Assemblymember Phil Ting in Support of Public Transit Funding in FY 2023-24 State Budget From: Councilmember Robinson (Author), Mayor Arreguin (Co-Sponsor) Recommendation: Send a letter to Senate Budget and Fiscal Review Committee Chair Nancy Skinner and Assembly Committee on Budget Chair Phil Ting to urge them to prioritize funding in the FY 2023-24 budget to avoid the impending fiscal cliff faced by transit agencies in the wake of COVID-19.

Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Councilmember Hahn added as a co-sponsor. Approved recommendation.

Urgent Item: Black History Month Awards by the Berkeley Public Schools Fund: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Taplin (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of funds, including $3000 from the discretionary Council office budget of Vice Mayor Ben Bartlett, to the Berkeley Public School Fund for the Black History Month Awards.

The funds will be relinquished to the City’s General Fund from the discretionary council office budget of Councilmember Ben Bartlett and the discretionary council office budgets of any other Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Adopted Resolution No. 70,688–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Hahn - $200; Councilmember Wengraf - $250; Councilmember Robinson - $200; Councilmember Kesarwani - $100; Councilmember Humbert - $200; Mayor Arreguin - $250; Councilmember Taplin - $1,000, Councilmember Harrison - $200.

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Consent Calendar
Tuesday, February 14, 2023 MINUTES Page 4

1. Parking/Towing Fines & Fees Reform (Reviewed by the Health, Life Enrichment, Equity & Community Committee)
From: Councilmember Robinson (Author), Councilmember Harrison (Co- Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Hahn (Co- Sponsor)
Recommendation: Adopt second reading of Ordinance No. 7,854-N.S. amending BMC 14.72.080 to allow individuals who are eligible for Residential Preferential Parking (RPP) permits and also for parking citation Indigent Payment Plans to purchase Residential Parking Permits even if they have outstanding parking tickets older than 21 days.

First Reading Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin; Noes – None; Abstain – Kesarwani; Absent – None.

Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Adopted second reading of Ordinance No. 7,854–N.S.

Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin; Noes – None; Abstain – Kesarwani; Absent – None.

2. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on February 14, 2023
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 - $2,124,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

3. Contract: Public Consulting Group for Professional Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Public Consulting Group (PCG) for professional services related to the Ground Emergency Medical Transport (GEMT), Quality Assurance Fee (QAF), Intergovernmental Transfer (IGT), and Public Provider Ground Emergency Medical Transport (PP-GEMT) programs using the General Services Agency’s (GSA) contract No. 47QTCA20D004Y for an amount not to exceed $200,000 in the base term from March 1, 2023 through January 22, 2025 and not to exceed $300,000 in total with one two (2) year extension to January 22, 2027 if the GSA contract is extended.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,689–N.S.

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Consent Calendar
Tuesday, February 14, 2023 MINUTES Page 5

4. Contract: Forster & Kroeger Landscape Maintenance for Chipping Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, with Forster & Kroeger Landscape Maintenance to provide Chipping Services for two years from May 1, 2023 until April 30, 2025 in the amount not to exceed $700,000.

Financial Implications: Various Funds - $700,000
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,690–N.S.

5. Revenue Contract: 2023 Community Services Block Grant From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to accept the Community Services Block Grant (CSBG) Contract Number 23F-4001 in the amount of $293,705 to provide services for low-income people for the period January 1, 2023 to May 31, 2024.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,691–N.S. and accepted revised material in Supplemental Communications Packet #2 from the Health, Housing, and Community Services Department.

6. Inclement Weather Shelter Program Funding Request and Contract No. 31900284 Amendment- Dorothy Day House (DDH) to Operate an Inclement Weather Shelter
From: City Manager
Recommendation: Adopt a Resolution allocating an additional $292,185 from Measure P to the Inclement Weather Shelter Program for a total allocation of $412,185, and authorizing the City Manager or her designee to execute an amendment to Contract No. 31900284 with Dorothy Day House (DDH) to add $190,260 to operate an inclement weather shelter for up to 127 nights from December 3, 2022 through April 15, 2023 for a total contract amount not to exceed $4,211,173.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,692–N.S.

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Consent Calendar
Tuesday, February 14, 2023 MINUTES Page 6

7. Contract: Resources for Community Development for Martin Luther King Jr.

House – Mental Health Services Act Operating Support
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Resources for Community Development (RCD) for Martin Luther King Jr. (MLK) House in the amount of $107,890, to support hiring additional on-site staff to monitor the 12-room, transitional Single-Room Occupancy housing development.

Financial Implications: Mental Health Services Act Fund - $107,890 Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,693–N.S.

8. Mills Act Contract – 2523 Piedmont Avenue
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Wilson Wong and Christian Kwan for the City Structure of Merit property at 2523 Piedmont Avenue.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 70,694–N.S.

9. Mills Act Contract – 2119 Marin Avenue
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Anne and Michael Ray for the City Landmark property at 2119 Marin Avenue.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 70,695–N.S.

10. Authorize a Funding Agreement with AC Transit to Supplement the Quick-Build Durant Transit Lane Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to negotiate and enter into a funding agreement between the City of Berkeley and AC Transit providing $648,000 in additional City funding to supplement the Quick-Build Durant Transit Lane Project.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,696–N.S. as revised in the revised material in Supplemental Communications Packet #1 from the Public Works Department.

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Council Consent Items
Tuesday, February 14, 2023 MINUTES Page 7

11. Berkeley Rotary Endowment: 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 $250 per Councilmember including $250 from Mayor Arreguin, to the Berkeley Rotary Endowment, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,697–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Mayor Arreguin - $250; Councilmember Hahn - $200; Councilmember Wengraf - $250; Councilmember Bartlett - $250; Councilmember Robinson - $200; Councilmember Taplin - $250; Councilmember Harrison - $250; Councilmember Kesarwani - $100; Councilmember Humbert - $200.

12. Referral: Southside Impact Fee Nexus Study
From: Councilmember Robinson (Author), Councilmember Bartlett (Co- Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Humbert (Co-Sponsor)
Recommendation:

1. Refer to the City Manager to establish a development impact fee for projects within the Southside Plan boundary for the purpose of funding Southside public realm improvements. Staff should complete all necessary actions, including preparation of a Nexus Study pursuant to the Mitigation Fee Act.

2. Refer $250,000 to the FY 2023 budget process for a consultant to be engaged over a two-year process, starting in 2024, to assist with the vision, capital list, nexus study, fee schedule, and other requirements.

Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Approved recommendation.

Recess 8:33 p.m. – 8:43 p.m.

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Action Calendar – Public Hearings
Tuesday, February 14, 2023 MINUTES Page 8
13a. Citywide Affordable Housing Requirements
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:

1. Adopt first reading of an Ordinance amending the Berkeley Municipal Code Chapter 23.328, updating the citywide Affordable Housing Requirements in the Zoning Ordinance, 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), and updating references to BMC Chapter 23.328 throughout the Berkeley Municipal Code, 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 Chapter 23.328 upon the effective date of contemporaneously adopted amendments to BMC Section 23.328, and rescind Resolution No. 70,668-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 Chapter 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 13b. Citywide Affordable Housing Requirements
From: Councilmember Harrison (Author)
Recommendation:

1. Amend Ordinance No. 7,853–N.S. to: a. replace exemption for fewer than five units with less than 3,000 square feet of Gross Floor Area as defined in BMC

23.106.030.

2. Rescind and replace Resolution No. 70,668–N.S. to: a. remove the in-lieu fee discount applied to projects of 12,000 or fewer residential square feet and include an analysis in the upcoming feasibility study of whether and at what size (based on residential square footage) projects should receive a discount in the level of affordable housing mitigation fees. Apply the standard $45 per square foot fee on projects of between 3,000 and 12,000 residential square feet; and b. utilize square footage instead of unit numbers in studying likely impacts on smaller projects.

Expedite the completion of the next feasibility study of the application of in-lieu fees on smaller projects of 3,000 square feet or less (equivalent to four to five units) to determine the level at which in-lieu fees for smaller projects are financially feasible.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Public Testimony: The Mayor opened the public hearing. 21 speakers.

M/S/C (Arreguin/Hahn) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Kesarwani/Humbert) to adopt the City Manager’s recommendation in Item 13a to:

1. Adopt first reading of Ordinance No. 7,853-N.S. as revised for Section

23.328.050.F.2 to read as follows:

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Action Calendar – Public Hearings
Tuesday, February 14, 2023 MINUTES Page 9
A Housing Development Project with 5,000 square feet or less of Residential Unit Floor Area, unless it is part of a larger Housing Development Project. This exemption shall expire on April 1, 2025 or at such time as the City Council modifies or repeals this exemption, whichever date is sooner.

Second reading scheduled for February 28, 2023.

2. Adopt Resolution No. 70,698–N.S. with a modified sliding scale for fees to be consistent with the language in Section 23.328.050.F.2 of the Ordinance.

3. The City Council will consider the adoption of a new sliding scale for fees following completion of the feasibility study, by April 2025 or sooner if feasible.

Vote: Ayes – Kesarwani, Taplin, Hahn, Wengraf, Robinson, Humbert, Arreguin; Noes – Harrison; Abstain – Bartlett; Absent – None.

Information Reports

14. Referral Response: Home Share Program
From: City Manager
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Received and filed.

15. LPO NOD: 1767-1771 Alcatraz Avenue/#LMSAP2022-0010
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - None.

Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 10:17 p.m.

I hereby certify that the foregoing is a true and correct record of the regular session meeting held on February 14, 2023.
___________________________
Rose Thomsen, Deputy City Clerk
Communications
Hopkins Corridor Plan

1. Michael Marletta

2. Constance Milligan

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Tuesday, February 14, 2023 MINUTES Page 10

3. Ceara Brencic

4. Linda Franklin

5. Gabriele Weitzel

6. Warren Pottebaum

7. Miriam Kasin

8. Carol Hirth

9. Melissa Short

10.David Johnson

11.Richard Boubelik

12.Karen Olson

13.Diana Bohn

14.Phoebe Sorgen

15.Susan Griffin

16.Jane Stillwater

17.Stefano

18.Rocky Offner

19.Tony Corman

20.Sigurd Wilbanks

21.Ken Stein

22.Anne Boersma

23.Kirsten Rose

24.Gabi Klausner

25.Kori Kody

26.Richard Hiersch

27.Oded Hilu

28.Chris McKee

29.John Rice

30.Deb Trillia

31.Mary Staats

32.Carol Hirth

33.Maris Arnold

34.Mike Lubby

35.Malu Paradise

36.Lorna Byrne

37.Karen Dabrusin

38.Meredith Stout

39.David Shere

40.Lisa Bruce

41.Kenny Yip (2)

42.Simon Hochberg

43.Joel Myerson

44.Stephen Wood (2)

45.Grace Munakata

46.Todd Andrew (2)

47.Lisa Oglesby

48.Soleil Taylor

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49.Carol Hirth

50.Matthew Dimond

51.Richard Neese

52.Marcello Barbero

53.Michael Tompkins

54.Carol Lesh

55.Lenore Dolin

56.Carol Hirth

57.Laurence LePaule

58.Patrick Gordis

59.Lois Yuen

60.Todd Andrews

61.Sandra Smith

62.Kelly Haberer

63.steidtmann@

64.Gabriela Kipnis

65.Patricia Kipnis

66.Laura Fujii

67.Barbara

68.Clifford Fred

69.Rachel Gold

70.Leslie Roussan

71.Wahid Bhimji

72.Jonah Busch

73.Amrando Chenyek

74.Tobey Wiebe

75.Sally Nelson

76.Nathan McPhail

77.Juli Dickey

78.Richard Tamm

79.Jack Kurzeil

80.Charles Siegel

81.Todd Andrew

82.Friends of Hopkins Street

83.Kenny Yip

84.Len Kamp

85.Stephen Wood

86.Charles Steidtmann

87.Janice Murota

88.Marguerite Lee

89.Nimrod Pitsker Elias

90.Andrea Traber

91.Dawn Howard

92.Stephanie Mackley

93.Stuart Hellman

94.Howard Goldberg

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Tuesday, February 14, 2023 MINUTES Page 12

95.Cindi Goldberg

96.Carolyn Weil

97.Zipporah Collins

98.Jeanne Marguerite Brenna

99.Lee Bishop
100. Bianca Walser
101. Suzi Krebs
102. Summer Brenner
103. Ross Bernet
104. Robin Harley
105. Matthew Lewis
106. David Mendelsohn
107. Thomas Buckey
108. Diana Bohn
109. Gael Alcock
110. Joanne Cooke
111. Christopher Ardalan
112. Peggy Judge
113. Phyllis Orrick (3)
114. Tom Lent
115. Peggy Scott
116. Susan McKearnan
117. Toby Pohl
118. Kathy Kemp
119. Jenn Bejaka
Crime in Berkeley
120. Tiffiny Fyans
121. Carla and Dolph Rempp
122. Rachel De La Montanya
Homelessness
123. David Freeling
124. Lynn Bradley
Equitable Housing
125. Elisa Mikiten
126. Diana Bohn (2)
127. Sara Sebahar
Youth Seat on Environmental and Climate Commission
128. Laura Galligan
129. Matthew Lovell
130. Franziska Raedeker
131. Helen Marcus
132. Ibmason

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Berkeley Police Matters
133. Jennifer Louis, Interim Chief of Police
Grocery Stores Destruction
134. David Lerman
UA Theater on Shattuck
135. Constance Rivemale
136. Francie Maguire
137. Anne Herrick
African Americans Civil Rights
138. Wade Nobles
Budget Matters
139. Eric Friedman
Reimagining Berkeley
140. Diana Bohn
Measure P
141. Eric Friedman
Telegraph Redesign
142. Mike Wilson
Berkeley’s Missing Restaurant Reports
143. David Lerman
Urgent Care
144. Fred Tabsharani
Mental Health First Aid Certification
145. Elana Auerbach
Climate Change – Rising Sea Levels
146. Fred Dodsworth
Public Bank of the East Bay
147. Bhima Sheridan
Pathway STAIR Center
148. Friends of the Adeline
Bike Lane Study – Dwight and Bonar
149. Farid Javandel, on behalf of the Transportation Division

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150. Laurel and Ben Kuchinsky
Proclamation Request for the Kiwanis
151. Jeffrey Egeberg, on behalf of the Kiwanis Club of Berkeley San Pablo Avenue Improvement Plan
152. Laura Riggs
City of Berkeley Pension Liabilities
153. Barbara Gilbert
Pedestrian Safety
154. Brooke Elmgren
Youth Drug Use/Mental Health
155. Barbara Gilbert
North Berkeley BART Plans
156. Kenmotsu Junko
Solar Panel Adoption
157. Peter Schultze-Allen
Commissioners Conflict of Interest
158. Laura Fujii
RV’s Parked Around West Berkeley Area
159. Regina Kenney
Sexual Assault at the Hope Center
160. Eric Friedman
Residential Parking Permits
161. Lanay Thomas
Here/There Encampment
162. Stephanie Thomas
163. Debbie Perkins
164. Judy ann Alberti
165. Margaret Hurlbert
166. Toby Blome
167. Nora Ultreya
168. Diana Bohn (2)
Support West Berkeley Seniors and Youth in Budget
169. Carol Perez

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Tuesday, February 14, 2023 MINUTES Page 15
SEIU 1021 Legislative Aides
170. Julio Corral, on behalf of SEIU 1021
URL’s Only
171. Vivian Warkentin (2)
Supplemental Communications and Reports 1
Item #10: Authorize a Funding Agreement with AC Transit to Supplement the Quick Build Durant Transit Lane Project
172. Revised material, submitted by Public Works
Item #13b: Citywide Affordable Housing Requirement
173. Supplemental material, submitted by Councilmember Taplin 174. Revised material, submitted by Councilmember Harrison Supplemental Communications and Reports 2
Item #5: Revenue Contract: 2023 Community Services Block Grant 175. Revised material, submitted by Health, Housing and Community Services Item #13a: Citywide Affordable Housing Requirement
176. Berkeley Neighborhood Council
Item #13b: Citywide Affordable Housing Requirement
177. Sheila Jordan
178. Bruce Bagnell
179. Patrick Kehoe (2)
180. Liz Ozol
181. Rosie Cohan
182. Summer Brenner
183. Eric Johnson
184. Teresa Clarke
185. Melanie Lawrence and John Small
186. Ned Resnikoff
187. Lee Bishop
188. Verna Winters
189. Gregory Lemieux
190. Virginia Warheit
191. Sally Nelson
192. Selene Ballonoff
193. Elana Auerbach (2)
194. Michael Brown
195. Renee Smith
196. Robin Rattan
197. Jonathan Lowe
198. Bill Bogert (2)
199. Erika Shore
200. Judy MacLean (2)

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Tuesday, February 14, 2023 MINUTES Page 16
201. Gregory Kalkanis
202. Judy Grether
203. Ms. Fowles
204. Sylvia
205. Lisa Bullwinkel
206. Alan Thomsen
207. Diana Bohn (2)
208. Vanessa Warheit
209. Anne McClintock (2)
210. Elania Nanopoulos (2)
Item #14: Referral Response: Home Share Program
211. Cary Sweeney
212. Luke Barnesmoore
213. Tracy Powell
Supplemental Communications and Reports 3
Item #13a: Citywide Affordable Housing Requirement
214. Presentation, submitted by Planning and Development Item #13b: Citywide Affordable Housing Requirement
215. Cora Johnson-Grau
216. Kim Pham
217. Jane Fink (2)
218. Charlene Woodcock
219. Moni Law (2)
220. Oren Cheyette
221. Preston Mui
222. Brian MacDonald
Urgent Items
Letter to Senator Nancy Skinner and Assemblymember Phil Ting in Support of Public Transit Funding in FY 2023-24 State Budget
223. Submitted by Councilmember Robinson
Black History Month Awards by the Berkeley Public Schools Fund:

Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
224. Submitted by Councilmember Bartlett
Miscellaneous
225. Eids Message to Mayor, Council and City

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Tuesday, February 21, 2023 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Tuesday, February 21, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

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.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://cityofberkeley-info.zoomgov.com/j/1618510002. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 851 0002. 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 meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

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.

Attachment 2

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Tuesday, February 21, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:05 p.m.

Present: Kesarwani, Hahn, Wengraf, Robinson, Humbert, Arreguin

Absent: Taplin, Bartlett, Harrison
Councilmember Taplin present at 6:18 p.m.

Councilmember Bartlett present at 6:20 p.m.

Worksession

1. COVID-19 Response 2022 Summary Report
From: City Manager
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: 6 speakers. Presentation made and discussion held.

2. Referral Response: Affordable Housing Preference Policy for Rental Housing Created Through the Below Market Rate and Housing Trust Fund Programs From: City Manager
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: 13 speakers. Presentation made and discussion held.

Recess 8:14 p.m. – 8:24 p.m.

Adjournment
Action: M/S/C (Arreguin/Wengraf) to adjourn the meeting.

Vote: Ayes - Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Robinson, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Harrison.

Adjourned at 9:49 p.m.

I hereby certify that the foregoing is a true and correct record of the special session meeting held on February 21, 2023.
___________________________
Rose Thomsen, Deputy City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None

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Tuesday, February 21, 2023 MINUTES Page 3
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #1: COVID-19 Response 2022 Summary Report

1. Presentation, submitted by Health, Housing, and Community Services Item #2: Referral Response: Affordable Housing Preference Policy for Rental Housing Created Through the Below Market Rate and Housing Trust Fund Programs

2. Presentation, submitted by Health, Housing, and Community Services

3. Presentation, submitted by Healthy Black Families

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Monday, February 27, 2023 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
MONDAY, FEBRUARY 27, 2023
4:30 P.M.

JESSE ARREGUIN, MAYOR
Councilmembers:

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.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://cityofberkeley-info.zoomgov.com/j/1616821086. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous.

To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free); enter Meeting ID: 161 682 1086. 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].

Attachment 3

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Monday, February 27, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 4:36 p.m.

Present: Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin

Absent: Kesarwani
Public Comment - Limited to items on this agenda only: 0 speakers CLOSED SESSION:

The City Council will convene in closed session to meet concerning the following:

1. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a) and 54956.9(d)(1)
a. Cantin v. City of Berkeley, Alameda County Superior Court Case No. 22CV009896 Action: M/S/C (Wengraf/Hahn) to discuss the matter of Cantin v. City of Berkeley, Alameda County Superior Court Case No. 22CV009896, and approved a settlement of that matter in the amount of $250,000 in exchange for a release of all claims against the City.

Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Kesarwani b. Government Claim of Gregory H. McCormick
Action: M/S/C (Arreguin/Harrison) to approved payment the claim of Gregory H.

McCormick in the amount of $23,160 in satisfaction of his claim against the City and conditioned upon execution of a release.

Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Kesarwani

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property address: 1619 University Avenue, Berkeley, California Agency Negotiators: Dee Williams-Ridley, City Manager; LaTanya Bellow, Deputy City Manager; Anne Cardwell, Deputy City Manager; Peter Radu, Assistant to the City Manager; Lisa Warhuus, Director of Health, Housing & Community Services
Negotiating parties: City of Berkeley; Campus Motel, LLC Property owner: Campus Motel, LLC
Under negotiation: Price and terms
Action: No reportable action taken.

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Monday, February 27, 2023 MINUTES Page 3

3. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6

Negotiators: Dee Williams-Ridley, City Manager, Anne Cardwell, Deputy City Manager, LaTanya Bellow, Deputy City Manager, Aram Kouyoumdjian, Human Resources Director.

Employee Organizations: Berkeley Fire Fighters Association Local 1227 Action: No reportable action taken.

Councilmember Harrison absent at 5:54 p.m.

OPEN SESSION:

The City Council met in closed session to discuss the matter of Cantin v. City of Berkeley, Alameda County Superior Court Case No. 22CV009896, and approved a settlement of that matter in the amount of $250,000 in exchange for a release of all claims against the City.

The City Council also met in closed session discuss the Government Claim of Gregory H. McCormick, and approved payment of that claim in the amount of $23,160 in satisfaction of his claim against the City and conditioned upon execution of a release.

Adjournment
Action: M/S/C (Arreguin/Wengraf) to adjourn the meeting.

Vote: Ayes – Taplin, Bartlett, Hahn, Wengraf, Robinson, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Kesarwani, Harrison
Adjourned at 5:55 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on February 27, 2023.
___________________________
Sarah Bunting, Assistant City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None

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Monday, February 27, 2023 MINUTES Page 4
Supplemental Communications and Reports 3
 None

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Monday, February 27, 2023 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Monday, February 27, 2023
6:30 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

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://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://cityofberkeley-info.zoomgov.com/j/1600096551. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free); enter Meeting ID: 160 009 6551. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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.

Attachment 4

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Monday, February 27, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:33 p.m.

Present: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Arreguin

Absent: Bartlett, Humbert
Councilmember Bartlett present at 6:36 p.m.

Councilmember Humbert present at 6:39 p.m.

Action Calendar
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" function 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

1. Resolution Extending the Covered Period of the COVID-19 Emergency Response Ordinance (Chapter 13.110)
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution extending the Covered Period of the COVID- 19 Emergency Response Ordinance for 60-days beyond the eventual expiration of the Local Emergency.

Financial Implications: To be determined
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: 40 speakers. M/S/C (Arreguin/Robinson) to adopt Resolution No 70,699- N.S. extending the Covered Period of the COVID-19 Emergency Response Ordinance for 60-days beyond the eventual expiration of the Local Emergency.

Vote: All Ayes.

Recess: 8:17 p.m. – 8:27 p.m.

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Action Calendar – New Business

Monday, February 27, 2023 MINUTES Page 3

2. Amendments to COVID-19 Emergency Response Ordinance, BMC Chapter

13.110
From: Mayor Arreguin (Author)
Recommendation: Adopt the first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 13.110, the COVID-19 Emergency Response Ordinance to suspend the application of the ordinance to commercial property, permit lawful owner move-in evictions, and establish a Transition Period during which time specified evictions would be prohibited.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Recess 10:09 p.m. – 10:15 p.m.

Action: 25 speakers. M/S/C (Arreguin/Harrison) to adopt first reading of Ordinance No. 7,855-N.S. as amended in Supplemental Communications Packet #2 by Mayor Arreguin and Councilmember Harrison and further amended in 13.110.030.B. regarding the definition of the Transition Period. Second reading scheduled for March 14, 2023.

Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Robinson, Arreguin; Noes – Wengraf; Abstain – Kesarwani, Humbert.

Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 10:19 p.m.

I hereby certify that the foregoing is a true and correct record of the special session meeting held on February 27, 2023.
___________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1: Resolution Extending the Covered Period of the COVID-19 Emergency Response Ordinance (Chapter 13.110)

1. Pamela Webster

2. Erin Chalmers

3. Bhima Sheridan

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Monday, February 27, 2023 MINUTES Page 4

4. Carol Curtis

5. Marion Hunt

6. Robert Bahme

7. Berkeley Property Owners Association

8. Louie Escober

9. Dan Lieberman
Item #2: Amendments to COVID-19 Emergency Response Ordinance, BMC Chapter

13.110

10.Revised material, submitted by Mayor Arreguin
Supplemental Communications and Reports 3
Item #1: Resolution Extending the Covered Period of the COVID-19 Emergency Response Ordinance (Chapter 13.110)

11.Leor Beary

12.Barbara Jameson-Bellow

13.Sukhdeep Kapoor

14.Natasha Kapoor-Acuna

15.Diana Bohn

16.Renee Bott

17.Huan Liu

18.Virginia Hollins-Davidson

19.Chris Baker

20.Stan Momtchev

21.Paul Tuleja

22.Dan Dolan

23.Chris Moore

24.Christina Redse

25.Dorian Stull

26.Sarah Davis

27.Stefano DeZerega

28.Zachary Greenwood

29.Jenny Johnston

30.Andrew Jeffries

31.Noemi Ruelas

32.Jeannie Sides

33.Paul Mileck

34.Sandra Clement

35.Torsten Galley

36.Kenny & Sharon Yu

37.Susan Payne

38.Vicki Fall

39.Olga Louchakova-Schwartz

40.Gail Martin

41.Alan Curtis

42.Alison Simon

43.Samm Hickey

44.Jonathan Wishnev

45.Elan Ben-Oni

46.Summer Brenner

47.Yoo Park

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Monday, February 27, 2023 MINUTES Page 5

48.Karen Williams Null & Daniel Null

49.Aaron Reuter

50.Kathleen Crandall

51.Shira Cion

52.Anne Mileck

53.Roger Hallsten

54.Will Flynn

55.Shua Chai

56.Vanessa Babot

57.Christine Schwartz

58.Ronald Edwards

59.Evan and Erika Mills

60.Lisa Reutter

61.Robert Flores

62.Julie Truong

63.Dave Ahlberg, on behalf of Regent House

64.Abdul Mahrat

65.Chris Toll

66.Marion Hunt

67.Daisy

68.Cynthia, on behalf of Jones Berkeley

69.Shua Chai

70.Aman Kataria

71.Debbie Woods

72.Sasha Futran

73.Celia Karian

74.Lorraine Osmundson

75.Igor Tregub

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Tuesday, February 28, 2023 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Tuesday, February 28, 2023
4:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

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.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://cityofberkeley-info.zoomgov.com/j/1610465939. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 046 5939. 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 meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

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.

Attachment 5

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Tuesday, February 28, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 4:04 p.m.

Present: Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Robinson, Humbert

Absent: Harrison, Arreguin
Councilmember Harrison arrived at 4:07 p.m.

Mayor Arreguin arrived at 4:56 p.m.

Action Calendar – New Business

1. Five Year Zero Waste Rate Schedule
From: City Manager
Recommendation: Provide input on proposed Five Year Zero Waste Rate Schedule.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: 7 speakers. Presentation made and discussion held.

Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.

Vote:

Adjourned at 6:12 p.m.

I hereby certify that the foregoing is a true and correct record of the special session meeting held on February 28, 2023.
___________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1: Five Year Zero Waste Rate Schedule

1. Rachel Doughty

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Tuesday, February 28, 2023 MINUTES Page 3
Supplemental Communications and Reports 3
Item #1: Five Year Zero Waste Rate Schedule

2. Steven Sherman, Vice-Chair Zero Waste Commission

3. Presentation, submitted by the Zero Waste Division

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Tuesday, February 28, 2023 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, February 28, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

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.

Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

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.

Attachment 6

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Tuesday, February 28, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:27 p.m.

Present: Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin

Absent: None
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. Adjourned in Memory of Beatrice Barrigher, South Berkeley resident and community leader

2. Adjourned in Memory of David Lance Goines, Local Artist

3. Adjourned in Memory of Pat DeVito, Co-Founder of Berkeley Path Wanderers City Manager Comments: None
Public Comment on Non-Agenda Matters: 10 speakers.

Action: M/S/C (Arreguin/Robinson) to accept an urgency item for the Consent Calendar from Mayor Arreguin pursuant to Government Code Section 54954.2(b)(2) titled Increase Funding to Housing Retention Program Contract.

Vote: All Ayes.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 15 speakers.

Action: M/S/C (Arreguin/Harrison) to adopt the Consent Calendar in one motion except as indicated.

Vote: All Ayes.

Urgent Item: Increase Funding to Housing Retention Program Contract From: Mayor Arreguin (Author)

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Consent Calendar
Tuesday, February 28, 2023 MINUTES Page 3
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to: 1. Allocate an additional $300,000 to the Housing Retention Program from General Fund salary savings or U1 HRP funds; and 2. Amend the current contract with the Eviction Defense Center (EDC) (No. 32100023) by $300,000 for rent debt or other expenses that would enable applicants to retain housing.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Councilmembers Hahn, Harrison, and Wengraf added as co-sponsors. Adopted Resolution No. 70,700–N.S.

1. Citywide Affordable Housing Requirements
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,853-N.S. amending the Berkeley Municipal Code Chapter 23.328, updating the citywide Affordable Housing Requirements in the Zoning Ordinance, 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), and updating references to BMC Chapter 23.328 throughout the Berkeley Municipal Code, to become effective on April 1, 2023.

First Reading Vote: Ayes – Kesarwani, Taplin, Hahn, Wengraf, Robinson, Humbert, Arreguin; Noes – Harrison; Abstain – Bartlett; Absent – None.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400, Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted second reading of Ordinance No. 7,853–N.S.

Vote: Ayes – Kesarwani, Taplin, Hahn, Wengraf, Robinson, Humbert, Arreguin; Noes – Harrison; Abstain – Bartlett; Absent – None.

2. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of January 10 (special), January 17 (regular), January 18 (special), January 30 (closed) and January 31 (special and regular).

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.

3. Donation to the Animal Shelter from the Stephen and Mary Birch Foundation From: City Manager
Recommendation: Adopt a Resolution accepting a donation from the estate of Stephen and Mary Birch in the sum of $5,000.

Financial Implications: Donation - $5,000
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,701–N.S.

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Consent Calendar
Tuesday, February 28, 2023 MINUTES Page 4

4. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on February 28, 2023
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 - $2,220,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

5. Contract: Street Level Advisors and Strategic Economics for Housing Preference Policy Fair Housing Analysis Consultant
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Street Level Advisors (Contractor), with Strategic Economics as a subcontractor, to provide Fair Housing Analysis services for a Housing Preference Policy for the Department of Health, Housing and Community Services (HHCS) from April 1, 2023 to April 1, 2024 in an amount not to exceed $60,055.

Financial Implications: General Fund - $60,055
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,702–N.S.

6. Increase Wage Ranges of Seasonal Camp Staff Classifications From: City Manager
Recommendation: Adopt a Resolution approving wage increases for certain Unrepresented Camp Classification rates in Unit X1, effective March 1, 2023, and amending Resolution No. 69,998-N.S.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,703–N.S.

7. Final Map of Tract 8573: 2628 Shattuck Avenue
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 8573 for an 81-unit condominium project consisting of 78 residential units and 3 commercial units at 2628 Shattuck Avenue.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,704–N.S.

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Consent Calendar
Tuesday, February 28, 2023 MINUTES Page 5

8. Final Map of Tract 8626: 2023-2025 Kala Bagai Way
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 8626 for a 49-unit condominium project consisting of 48 residential units and one commercial unit at 2023-2025 Kala Bagai Way.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,705–N.S.

9. Final Map of Tract 8490: 739 Channing Way
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 8490 for a 15-unit condominium project consisting of 10 residential units, 4 live/work units, and one commercial unit and to merge 2 existing parcels at 739 Channing Way.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,706–N.S.

10. Bauman Lease Termination and Settlement of Balance Due From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a lease termination agreement with Bauman Wellness (“Bauman”) for its tenancy at 1007 University Ave., including a bill of sale transferring all of Bauman’s assets remaining in the leased premises to City ownership, and a mutual waiver of claims.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300, Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,707–N.S.

11. Support for AB-309: Social Housing
From: Councilmember Taplin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Send a letter in support of Assembly Bill 309 to the state legislature.

Financial Implications: Staff time
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmembers Robinson and Humbert added as co-sponsors. Approved recommendation.

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Council Consent Items
Tuesday, February 28, 2023 MINUTES Page 6

12. Resolution Condemning a Pattern of Attacks Targeting Black Political and Community Leaders
From: Councilmember Taplin (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor), Mayor Arreguin (Co-Sponsor) Recommendation: Adopt a Resolution Condemning a Pattern of Attacks Targeting Black Political and Community Leaders
Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Adopted Resolution No. 70,708–N.S.

13. Resolution in Support of HR 8040: the People Over the Pentagon Act From: Councilmember Harrison (Author)
Recommendation: Adopt resolution and send letters of support for reintroduction and passage of HR 8040: the People Over the Pentagon Act to California’s congressional delegation accompanied by provisions for a just transition for workers in militarized industries. HR 8040 calls for reducing the bloated military budget by $100 billion.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 70,709–N.S.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – Humbert.

14. Referral: Creation of an Intersection Daylighting Policy From: Councilmember Robinson (Author), Councilmember Humbert (Co- Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co- Sponsor)
Recommendation: Refer to the City Manager to develop a comprehensive intersection daylighting policy and make recommendations about the implementation of a citywide intersection daylighting program. Staff should consider criteria for identifying priority areas for daylighting such as high-injury streets, streets and intersections with especially high pedestrian traffic, commercial districts, and streets near schools and colleges. Staff should seek input and feedback on the development of such a policy and program from the Transportation & Infrastructure Commission, and other relevant commissions.

Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Approved recommendation as revised in Supplemental Communications Packet #2 by Councilmember Robinson.

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Council Consent Items
Tuesday, February 28, 2023 MINUTES Page 7
Action Calendar – Public Hearings

15. ZAB Appeal: 1262 Francisco Street, Administrative Use Permit #ZP2021-0006 From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve Administrative Use Permit ZP#2021-0006, to modify Administrative Use Permit ZP#2020-0122, to add 40 square feet on the first floor and a balcony on the second floor of an existing single-family dwelling unit.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 3 speakers.

M/S/C (Arreguin/Hahn) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Hahn/Harrison) to adopt Resolution No. 70,710–N.S. affirming the decision of the Zoning Adjustments Board to approve Administrative Use Permit ZP#2021-0006, to modify Administrative Use Permit ZP#2020-0122, to add 40 square feet on the first floor and a balcony on the second floor of an existing single- family dwelling unit.

Vote: All Ayes.

Recess 8:08 p.m. – 8:23 p.m.

16. The City of Berkeley Employer of Choice Initiative
From: City Manager
Recommendation: Adopt a resolution to support and endorse the City Manager’s workplan to implement the City of Berkeley’s Employer of Choice initiative. The workplan provides actionable recommendations by Municipal Resource Group (MRG), an independent consultant firm specializing in providing cities, counties, and government agencies with professional strategic services.

Consistent with MRG’s 90-day Action Plan recommendations, the City Manager is currently requesting authorization to 1) hire two Associate HR Analysts and one Assistant HR Analyst, 2) contract with a branding and marketing agency in an amount not to exceed $250,000 to help attract, outreach and recruit talent for the City workforce in support of the Human Resources Department; and 3) enhance communications and social media content planning and strategy including support for department communications in a combined amount not to exceed $200,000.

Financial Implications: See report
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000 Action: 6 speakers. M/S/C (Arreguin/Hahn) to adopt Resolution No. 70,711–N.S.

Vote: All Ayes.

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Action Calendar – New Business
Tuesday, February 28, 2023 MINUTES Page 8

17. Resolution Terminating the Proclamation of Local Emergency Issued Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19); and Discussion and Possible Action on the City’s Eviction Moratorium
From: City Manager
Recommendation: Adopt a Resolution terminating the proclamation of local emergency issued due to the spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19); and discuss and take possible action regarding the City’s eviction moratorium.

Financial Implications: See report
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000 Action: 7 speakers. M/S/C (Arreguin/Hahn) to take no action on Item 17 and direct the City Manager to bring an item to the Council to extend the local emergency prior to the expiration of the current declaration. Refer the City Manager to evaluate economic recovery considerations for potential future action.

Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Robinson, Arreguin; Noes – Kesarwani, Humbert; Abstain – Wengraf.
18a. Adding a Youth Member to the Environment and Climate Commission (Reviewed by the Agenda & Rules Committee)
From: Youth Commission
Recommendation: That Council adds a seat on the Environment and Climate Commission for a person under 18 years of age; and that Student Director on the Berkeley Unified School Board nominates the new youth commissioner and that the full board confirms the appointment.

Policy Committee Recommendation: To send the items from the Youth Commission, Environment and Climate Commission, and Councilmember Harrison to the City Council with a qualified positive recommendation that the item proposed by Councilmember Harrison be adopted as revised to state that the full City Council will appoint the members to the two youth seats on the Environment and Climate Commission, and that the Berkeley Unified School District Board of Directors will provide recommendations to the City Council on candidates for the youth seats.

Financial Implications: None
Contact: Ginsi Bryant, Commission Secretary, (510) 981-6700 Action: See action for Item 18c.

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Action Calendar – New Business
Tuesday, February 28, 2023 MINUTES Page 9
18b. Support for Youth Appointee to Environment and Climate Commission (Reviewed by the Agenda & Rules Committee)
From: Environment and Climate Commission
Recommendation: Refer to the City Manager to evaluate the feasibility of, and subsequently prepare draft legal language to enable, a tenth voting Environment & Climate Commission (ECC) member, representing youth, nominated by a suitable body or individual and confirmed by a suitable board of elected officials. If feasible, the ECC recommends that a youth representative be nominated by the BUSD Student Director and confirmed by the full BUSD Board of Directors, in alignment with the recommendation passed by the Youth Commission.

Financial Implications: See report
Contact: Billi Romain, Commission Secretary, (510) 981-7400 Action: See action for Item 18c.
18c. Adopt an Ordinance Amending Berkeley Municipal Code Chapter 3.82 Modifying Membership and Appointment Procedures for the Environment and Climate Commission (Reviewed by the Agenda & Rules Committee) From: Councilmember Harrison (Author)
Recommendation: Adopt an Ordinance Amending Berkeley Municipal Code Chapter 3.82 Modifying Membership and Appointment Procedures for the Environment and Climate Commission.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Moved to Consent Calendar to adopt the recommendation from the policy committee. Adopted first reading of Ordinance No. 7,856-N.S. Second reading scheduled for March 14, 2023.

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Council Action Items
Tuesday, February 28, 2023 MINUTES Page 10
Council Action Items

19. Reforms to Public Comment Procedures at meetings of the Berkeley City Council (Reviewed by the Agenda & Rules Committee)
From: Councilmember Droste (Author)
Recommendation: Adopt a Resolution revising the City Council Rules of Procedure and Order: Section IV. Conduct of the Meeting and Appendix C Temporary Rules for The Conduct of City Council Meetings Through Video Conference During The Covid- 19 Emergency to: 1. Consolidate non-agenda public comment, public comment on the Consent Calendar, and public comment on Action Items into a single public comment period toward the start of the Council meeting (consistent with the Berkeley Unified School District’s public comment procedure), and continue to provide for additional time for public comment at the end of meetings; 2. Adopt reasonable limits on the overall number of public speakers (consistent with rulings from the Second District Court of Appeal) with a mechanism for the City Council to extend public comment; and 3. Rescind Resolution No. 70,091– N.S.

Policy Committee Recommendation: To send the item to the City Council with a negative recommendation that no action be taken on the item.

Financial Implications: See report
Contact: Lori Droste, Councilmember, District 8, (510) 981-7180 Action: M/S/C (Arreguin/Robinson) to continue Item 19, including the Supplemental Materials from Councilmember Robinson, to March 14, 2023 and agendize the item as the first item on the Action Calendar.

Vote: All Ayes.

Information Reports

20. FY 2023 First Quarter Investment Report: Ended September 30, 2022 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Received and filed.

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 10:53 p.m.

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Tuesday, February 28, 2023 MINUTES Page 11
I hereby certify that the foregoing is a true and correct record of the regular session meeting held on February 28, 2023.
___________________________
Mark Numainville, City Clerk
Communications
Item # 18c: Adopt an Ordinance Amending Berkeley Municipal Code Chapter 3.82 Modifying Membership and Appointment Procedures for the Environment and Climate Commission

1. John Malamut
Crime in Berkeley

2. Kathy Krebs

3. Peter Rinzler

4. Melanie Lawrence

5. Barbara Gilbert
Housing Element

6. Sandra Smith

7. Diana Bohn
Drugs and Encampment at Civic Center Park

8. Anna Weinstein
Bike Lane at Dwight and Bonar

9. Laurel Hunter

10.Farid Javandel, Deputy Director of Public Works
Tenant-Centered Legislative Process

11.The Berkeley Tenants Union Steering Committee
IKE Kiosks

12.Vivian Warkentin
Proclamation for the Kiwanis Club

13.Jeffrey Egeberg, Secretary, Kiwanis Club of Berkeley Berkeley Police Department Matters

14.Berkeley Progressive Alliance (2)

15.Berkeley Police Association

16.Diana Bohn
UA Theater on Shattuck

17.Dale Sophiea

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Tuesday, February 28, 2023 MINUTES Page 12
Asphalt Plant in Berkeley

18.Meryl Siegal (2)

19.Pear Michaels
Black History Month

20.Moni Law
Support Daylight at Strawberry Creek

21.Jennifer Ware

22.Janet Byron

23.Stacie Degeneffe

24.Stefen

25.Diana Bohn

26.Kathleen Giustino

27.Miranda Ewell
City Jobs

28.Walter Wood
Earthquakes

29.Fred Dodsworth
Housing for Displaced Individuals/Families + Homelessness

30.Charisse

31.Mary Behm Steinberg

32.Carol Corradi
Hillside Fire Safety Group is no FireSafe Berkeley

33.Henry DeNero
Hopkins Corridor

34.Elizabeth Horowitz

35.Carol Hirth

36.Peggy Mendelson

37.Sandy Emerson

38.Helen Toy

39.Diane Mintz

40.Susan McAllister

41.Mary Lee Noonan

42.Lina Lamirande

43.Sandy Steinman

44.Celia Ronis

45.Laura Fujiii

46.Rebecca Mirvish

47.Anne Lai

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Tuesday, February 28, 2023 MINUTES Page 13

48.Diane Mintz

49.Terry Nicol
Berkeley BART Development

50.Peggy Mendelson

51.Jack Kurzeil (3)

52.Kelly Hammargren

53.Maris Arnold

54.Diana Bohn

55.Margaret Pritt
Berkeley’s Horrendous Street Conditions

56.Joan Finnie
Continued Toll-Free Access to City Meetings

57.Elizabeth Starr
Heavy Equipment Around San Pablo and Dwight

58.Martha Stassinos
Japanese Day of Remembrance

59.Grace Morizawa
Tibetan National Uprising Day Proclamation

60.Jinpa Tharchin, on behalf of the Tibetan Association of Northern California City of Berkeley Holidays

61.Murthy Sama
Supplemental Communications and Reports 1
Item #17: Resolution Terminating the Proclamation of Local Emergency Issued Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19); and Discussion and Possible Action on the City’s Eviction Moratorium

62.Krista Gulbransen, on behalf of Berkeley Property Owners Association Item #19: Reform to Public Comment Procedures at Meetings of the Berkeley City Council

63.Supplemental material, submitted by Councilmember Robinson Urgent Item: Increase Funding to Housing Retention Program Contract

64.Urgent item, submitted by Mayor Arreguin
Supplemental Communications and Reports 2
Item #14: Referral: Creation of an Intersection Daylighting Policy

65.Supplemental material, submitted by Councilmember Robinson

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Tuesday, February 28, 2023 MINUTES Page 14
Item #15: ZAB Appeal: 1262 Francisco Street, Administrative Use Permit #ZP2021- 0006

66.Grant Reading

67.John Vinopal

68.Jason Yow

69.Adam Love

70.Laurence Fishbein
Item #18c: Adopt an Ordinance Amending Berkeley Municipal Code Chapter 3.82 Modifying Membership and Appointment Procedures for the Environment and Climate Commission

71.Anthony Maes

72.Stevie Kaplan

73.Samuel Kaplan Pettus (2)
Item #19: Reform to Public Comment Procedures at Meetings of the Berkeley City Council

74.David Fielder

75.Judy Grether

76.Bill Hickman

77.Bernard Marszalek

78.Brian Hofer

79.Jean Tepperman

80.Vanessa Warheit

81.Martin Nicolaus

82.Richard Warren

83.Marc Janowitz

84.Christopher McKee

85.Leni Siegel

86.Janic Schroeder

87.Miranda Ewell

88.Holly Scheider

89.Tom Graly

90.Summer Brenner

91.Cindy Shamban

92.Nancy Rader

93.Nancy Schimmel

94.Jinky Gardner

95.Juli Dickey

96.Jill Korte

97.Helga Recke

98.Howard Goldberg

99.Erin Diehm
100. Kelly Hammargren
101. Virginia Warheit
102. Terry Fletcher

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Tuesday, February 28, 2023 MINUTES Page 15
103. Aimee Baldwin
104. Isabelle Gaston
105. Jane Fink
106. Cecilia Lunaparra
107. Sally Nelson
108. Phil Allen
109. Julia Cato
110. Gary Parsons
111. Eric Friedman
112. Carol Leonard
113. Vicki Sommer
Supplemental Communications and Reports 3
Item #15: ZAB Appeal: 1262 Francisco Street, Administrative Use Permit #ZP2021- 0006
114. Vika Teicher
115. Eric Price
Item #16: The City of Berkeley Employer of Choice Initiative 116. Presentation, submitted by the City Manager’s Office Item #17: Resolution Terminating the Proclamation of Local Emergency Issued Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19); and Discussion and Possible Action on the City’s Eviction Moratorium
117. Andrea Mullarkey
118. Barbara Gilbert
119. Kristie Lavelle
Item #18c: Adopt an Ordinance Amending Berkeley Municipal Code Chapter 3.82 Modifying Membership and Appointment Procedures for the Environment and Climate Commission
120. Freyja Knapp
121. Antonia Mou
122. Emma Kittredge
123. Gabriel Yetnikoff
Item #19: Reform to Public Comment Procedures at Meetings of the Berkeley City Council
124. Paul Kealoha Blake
125. Tom Lent (2)
126. Berkeley Neighborhoods Council
127. Catherine Betts
128. Melanie Lawrence
129. Linda Wood
130. Maris Arnold

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Tuesday, February 28, 2023 MINUTES Page 16
131. Sanjani Varkey
132. Sheryl Rose
133. David Mayer
134. Kitt Saginor
135. Rachel Bradley
136. Janet Levenson
137. Mariana Almeida
138. Lois Yuen
139. Stephanie Thomas
140. Eileen Adams
141. Donna DeDiemar
142. Ellen Leuenberger
143. Adam Rogers
144. Laurel and Ben Kuchinsky
145. Eric Johnson
146. Peggy Radel
147. John Robin
148. Sarah Bell
149. Bob Flasher
150. Mary Lee Noonan
151. Kenny Yip
152. Frances Feldon
153. Phoebe Thomas Sorgen
154. Bill Bogert
155. steidtmann@
156. Jonathan Wieder
157. Andrea Traber
158. Kori Kody
159. Cece Littlepage
160. Phyllis Orrick
161. Erin Diehm
162. Ana Noles
163. Myriam Misrach
164. Lynn Cooper
165. Susie Wallenstein
166. Diana Bohn
167. Diane Garcia
168. Leni Siegel
169. Carla Woodworth
170. David Brandon
171. James Mattson
172. Joel Myerson
173. Diane Ross-Leech
174. Donna Allman
175. Pamela Zelnik
176. Ellen Pasternack

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Tuesday, February 28, 2023 MINUTES Page 17
177. Trarie Kottkamp
178. Anne McClintock
179. Janet Stromberg
180. Theresa Malki
181. Dahlia Armon
182. Richard Tamm
183. Ann Campbell
184. Libby Lee-Egan
185. Jim Offel
186. Elana Auerbach
187. Laura Fujii
188. Kevin Casey
189. Dawn Howard
190. Charlene Woodcock
191. Judy Ann Alberti
192. Jeanne Schuman and William Pollock
193. Todd Darling
194. Armando Chenyek
195. DJ
196. Vivian Warkentin
197. Richard Koenig
198. Lisa Bullwinkel
199. Vince Sugrue
Miscellaneous
Not Made in the USA
200. Eid

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Monday, March 13, 2023 MINUTES Page 1

B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G M I N U T E S
MONDAY, MARCH 13, 2023
3:00 P.M.

REDWOOD ROOM – 2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION – 1404 LE ROY AVE, BERKELEY, CA 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

For in-person attendees, face coverings or masks that cover both the nose and the mouth are encouraged.

If you are feeling sick, please do not attend the meeting in person.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1612575025. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1- 833-568-8864 (Toll Free) and enter Meeting ID: 161 257 5025. 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 meeting will be recorded and all rules of procedure and decorum apply for in- person attendees and those participating by teleconference or videoconference.

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 and applicable Executive Orders as issued by the Governor that are currently in effect. 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.

Attachment 7

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Monday, March 13, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 3:03 p.m.

Present: Taplin, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin

Absent: Kesarwani, Bartlett
Councilmember Kesarwani present at 3:12 p.m.

Councilmember Bartlett present at 3:14 p.m.

Public Comment - Limited to items on this agenda only – 2 speakers CLOSED SESSION:

The City Council will convene in closed session to meet concerning the following:

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(3):
a. Significant exposure to litigation pursuant to Section 54956.9(d)(3); see letter from California Department of Housing and Community Development, attached as required by Fowler v. City of Lafayette, 46 Cal. App. 5th 360 (2020)
Action: No reportable action taken.

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
a. Mena v. Bradd, et al., Alameda County Superior Court Case No. RG21101938 Action: No reportable action taken.
b. Cohen v. City of Berkeley, Alameda County Superior Court Case No. 22CV018148 Action: M/S/C (Arreguin/Robinson) to authorize a settlement in the amount of $43,000.

Vote: All Ayes.

3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION PRUSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2):
a. WCAB Case Numbers: ADJ12170910 and ADJ11544202.

Action: M/S/C (Arreguin/Wengraf) to provide direction to outside counsel and approve a settlement by Compromise and Release, as to workers’ compensation matter WCAB Case Numbers: ADJ12170910 and ADJ11544202.

Vote: All Ayes.

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Monday, March 13, 2023 MINUTES Page 3
OPEN SESSION:

City Council met in closed session on March 13, 2023, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a settlement by Compromise and Release, as to workers’ compensation matter WCAB Case Numbers: ADJ12170910 and ADJ11544202.

City Council met in closed session on March 13, 2023, Pursuant to Government Code 54956.9(d)(1) and authorized a settlement in the amount of $43,000 in the matter of Cohen v. City of Berkeley, Alameda County Superior Court Case No. 22CV018148.

Adjournment
Action: (Arreguin/Harrison) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 4:54 p.m.

I hereby certify that the forgoing is a true and correct record of the closed session meeting held on March 13, 2023.
________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #1: Conference with Legal Counsel – Anticipated Litigations Pursuant to Government Code Section 54956.9(d)(3)

1. Kelly Hammargren

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Tuesday, March 14, 2023 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Tuesday, March 14, 2023
4:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

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 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. For in- person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

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.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1600955724. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 095 5724. 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 meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

Attachment 8

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Tuesday, March 14, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 4:03 p.m.

Present: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin

Absent: Bartlett
Councilmember Bartlett present at 4:20 p.m.

Worksession

1. Berkeley Police Department Annual Report, 2022 Year End Data Reports From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
Action: 12 speakers. Presentation made and discussion held.

Councilmember Bartlett absent 6:36 p.m. – 6:43 p.m.

Councilmember Kesarwani absent 6:38 p.m. – 6:43 p.m.

Adjournment
Action: M/S/C (Arreguin/Hahn) to adjourn the meeting.

Vote: Ayes – Taplin, Harrison, Hahn, Robinson, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Kesarwani, Bartlett, Wengraf.

Adjourned at 6:43 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on March 14, 2023.
___________________________
Rose Thomsen, Deputy City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None

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Tuesday, March 14, 2023 MINUTES Page 3
Supplemental Communications and Reports 3
Item #1: Berkeley Police Department Annual Report, 2022 Year End Data Reports

1. Presentation, submitted by the Police Department

2. George Lippman

3. Todd Andrew

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Tuesday, March 14, 2023 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, March 14, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION – 1404 LE ROY AVENUE, BERKELEY, CA 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

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.

If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 095 5724.

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 meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

Attachment 9

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Tuesday, March 14, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 7:01 p.m.

Present: Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin

Ceremonial Matters:

1. Recognition of the 60 th Anniversary of KALX, UC Berkeley’s student and community radio station

2. Recognition of Cazadero Family Camp

3. Adjourned in memory of Ben Casillas Jr., Community Member and victim of the fire at Bayer’s West Berkeley campus

4. Adjourned in memory of Victor Garlin, Berkeley Resident, Community Leader, and Professor of Economics

5. Adjourned in memory of Judy Heumann, Disability Rights Activist City Manager Comments: None
Public Comment on Non-Agenda Matters: 10 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 13 speakers.

Action: M/S/C (Arreguin/Robinson) to adopt the Consent Calendar in one motion except as indicated.

Vote: All Ayes.

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Consent Calendar
Tuesday, March 14, 2023 MINUTES Page 3

1. Amendments to COVID-19 Emergency Response Ordinance, BMC Chapter

13.110
From: Mayor Arreguin (Author), Councilmember Hahn (Author) Recommendation: Adopt second reading of Ordinance No. 7,855-N.S. amending Berkeley Municipal Code (BMC) Chapter 13.110, the COVID-19 Emergency Response Ordinance to suspend the application of the ordinance to commercial property, permit lawful owner move-in evictions, and establish a Transition Period during which time specified evictions would be prohibited.

First Reading Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Robinson, Arreguin; Noes – Wengraf; Abstain – Kesarwani, Humbert.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted first reading of Ordinance No. 7,855–N.S. as revised in the Supplemental Communications Packet #2 from Mayor Arreguin and with further revision to Section 13.110.030.A to read as follows: “Covered Period” means the period of time beginning with March 17, 2020 and concluding at the end of April 30, 2023. Second reading scheduled for March 21, 2023.

2. Adopt an Ordinance Amending Berkeley Municipal Code Chapter 3.82 Modifying Membership and Appointment Procedures for the Environment and Climate Commission
From: Councilmember Harrison (Author)
Recommendation: Adopt second reading of Ordinance No. 7,856-N.S., amending Berkeley Municipal Code Chapter 3.82 Modifying Membership and Appointment Procedures for the Environment and Climate Commission.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Adopted second reading of Ordinance No. 7,856–N.S.

3. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on March 14, 2023
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: Mental Health Services Act - $2,802,400 Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

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Consent Calendar
Tuesday, March 14, 2023 MINUTES Page 4

4. Contract: KLD Engineering, P.C. for Evacuation and Response Time Modeling From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to piggyback on the County of Santa Barbara contract and execute a contract and any amendments with KLD Engineering, P.C., for Evacuation and Response Time Modeling from April 1, 2023 through June 30, 2024 in the amount not to exceed $400,000 with an option to extend for an additional two years not to exceed an additional $100,000 if the piggyback contract is extended.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,712–N.S.

5. Contract: GoGo Technologies, Inc. for Transportation Services for Seniors and the Disabled
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, or her designee, to execute a contract and any amendments with GoGo Technologies, Inc. in the amount of $350,000 for the period of April 1, 2023 through June 30, 2026 for the provision of a 24/7 call center to arrange rides with Uber and Lyft for customers of the Aging Services Division’s Berkeley Rides for Seniors and the Disabled program.

Financial Implications: Measure BB Fund - $350,000
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,713–N.S.

6. Contract: mySidewalk, Inc. for HHCS Web-Based Population Health Data Platform
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with mySidewalk, Inc. to provide a web-based population health data platform to access, compile, and share Community Health Assessment (CHA) data, and priority issues and strategies for the Community Health Improvement Plan (CHIP) for the Department of Health, Housing and Community Services (HHCS) from March 15, 2023 to March 14, 2026, in an amount not to exceed $128,315.

Financial Implications: Various Funds - $128,315
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,714–N.S.

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Consent Calendar
Tuesday, March 14, 2023 MINUTES Page 5

7. Contract No. 32000225 Amendment: Its Personnel Consulting for Recruitment, Hiring, and Independent Workplace Investigation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000225 with Its Personnel Consulting for recruitment, hiring and independent workplace investigation services, increasing the amount by $149,000 for total amount not to exceed $349,000 and extending the term of the contract through June 30, 2024.

Financial Implications: General Fund - $149,000
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,715–N.S.

8. Contract No. 32100046 Amendment: HR Acuity, LLC for Case Management and Employee Relations Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100046 with HR Acuity, LLC for case management and employee relations software, increasing the amount by $139,000 for a total amount not to exceed $189,000, and extending the contract term to June 30, 2025.

Financial Implications: General Fund - $139,000
Contact: Aram Kouyoumdjian, Human Resources, 510-981-6800 Action: Adopted Resolution No. 70,716–N.S.

9. Purchase Orders: Glassdoor to Provide Search Engine Optimization (SEO) and Ad Work
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute purchase orders with Glassdoor to provide search engine optimization (SEO) and ad work for two years from April 1, 2023 until March 31, 2025 in an amount not to exceed $150,000.

Financial Implications: Various Funds - $150,000
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,717–N.S.

10. Purchase Orders: Indeed to Provide Search Engine Optimization (SEO) and Ad Work
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute purchase orders with Indeed to provide search engine optimization (SEO) and ad work for two years from April 1, 2023 until March 31, 2025 in an amount not to exceed $150,000.

Financial Implications: Various Funds - $150,000
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,718–N.S.

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Consent Calendar
Tuesday, March 14, 2023 MINUTES Page 6

11. Contract No. 31900187 Amendment: LV.NET (formerly Towerstream) for Secondary Internet for Redundancy and Load Balancing
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the contract with LV.NET (formerly Towerstream, Inc.) for redundant secondary internet services, increasing the contract amount by $106,000 for a total not-to-exceed amount of $278,000 from October 3, 2017 to June 30, 2024.

Financial Implications: Information Technology Communications Services Fund - $106,000
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 70,719–N.S.

Council Consent Items

12. Opposition to Initiative #1935
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Wengraf (Co-Sponsor) Recommendation: Adopt a Resolution to oppose Initiative #1935, the deceptively named “Taxpayer Protection and Government Accountability Act”.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,720–N.S.

13. Resolution to Support SB 50
From: Mayor Arreguin (Author), Councilmember Robinson (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution in support of Senate Bill 50 with amendments, introduced by Senator Steven Bradford. Send a copy of the Resolution to Governor Gavin Newsom, State Senators Nancy Skinner and Scott Weiner, and Assemblymember Buffy Wicks.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,721–N.S.

14. Support SB 252 – State Divestment from Fossil Fuels From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Wengraf (Co-Sponsor) Recommendation: Adopt a Resolution in support of SB 252 (Gonzalez), which would prohibit the Public Employees’ Retirement System (CalPERS) and the State Teachers’ Retirement System (CalSTRS) from investing in fossil fuel companies.

Send a copy of the Resolution to Assemblymember Buffy Wicks, State Senators Nancy Skinner and Lena Gonzalez, Governor Gavin Newsom, CalPERS, and CalSTRS.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,722–N.S.

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Council Consent Items
Tuesday, March 14, 2023 MINUTES Page 7

15. Budget Referral: Vision 2050 Complete Streets Parcel Tax Community Engagement and Program Plan
From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Robinson (Co-Sponsor)
Recommendation: Refer $400,000 to the June 2023 mid-year budget update to conduct community engagement, public information campaign, and program plan development for potential 2024 complete streets and climate-resilient infrastructure revenue measures.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmember Bartlett added as a co-sponsor. Approved recommendation.

16. Resolution Supporting Unionization Efforts by Urban Ore workers From: Councilmember Taplin (Author), Councilmember Robinson (Co- Sponsor)
Recommendation: Adopt a Resolution in support of workers at Urban Ore unionizing under representation by the Industrial Workers of the World (IWW) Union 670.

Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmember Bartlett added as a co-sponsor. Adopted Resolution No. 70,723–N.S.

17. Support for SB-58: Controlled Substances
From: Councilmember Taplin (Author), Councilmember Robinson (Co- Sponsor)
Recommendation: Send a letter of support for Sen. Wiener’s Senate Bill 58, which would decriminalize psilocybin, psilocyn, MDMA, DMT, ketamine, mescaline, and ibogaine; expunge criminal records for use and possession of these substances; and establish a commission to provide recommendations to the state legislature on therapeutic uses.

Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmembers Bartlett and Humbert added as co-sponsors. Approved recommendation as revised in Supplemental Communications Packet #1 from Councilmember Taplin.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Wengraf, Robinson, Humbert, Arreguin; Noes – None; Abstain – Hahn; Absent – None.

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Council Consent Items
Tuesday, March 14, 2023 MINUTES Page 8

18. Letter in Support of SB 466
From: Councilmember Robinson (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor) Recommendation: Send a letter to Senator Aisha Wahab (cc: Governor Gavin Newsom, Senator Nancy Skinner, Assemblymember Buffy Wicks) in support of SB 466, which would reform the Costa-Hawkins Rental Housing Act.

Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Approved recommendation.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – Humbert; Absent – None.

19. Resolution and Letter in Support of H.R. 852, the Investing in Safer Traffic Stops Act of 2023
From: Councilmember Robinson (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution in support of H.R. 852, the Investing in Safer Traffic Stops Act of 2023, and send a letter of support to Representative Ritchie Torres, Representative Barbara Lee, Senator Alex Padilla, and Senator Dianne Feinstein.

Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Councilmember Bartlett added as a co-sponsor. Adopted Resolution No. 70,724–N.S.

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Action Calendar – Old Business
Tuesday, March 14, 2023 MINUTES Page 9

20. Reforms to Public Comment Procedures at meetings of the Berkeley City Council (Reviewed by the Agenda & Rules Committee. Continued from February 28, 2023. Item contains supplemental materials.)
From: Councilmember Droste (Author)
Recommendation: Adopt a Resolution revising the City Council Rules of Procedure and Order: Section IV. Conduct of the Meeting and Appendix C Temporary Rules for The Conduct of City Council Meetings Through Video Conference During The Covid- 19 Emergency to: 1. Consolidate non-agenda public comment, public comment on the Consent Calendar, and public comment on Action Items into a single public comment period toward the start of the Council meeting (consistent with the Berkeley Unified School District’s public comment procedure), and continue to provide for additional time for public comment at the end of meetings; 2. Adopt reasonable limits on the overall number of public speakers (consistent with rulings from the Second District Court of Appeal) with a mechanism for the City Council to extend public comment; and 3. Rescind Resolution No. 70,091– N.S.

Policy Committee Recommendation: To send the item to the City Council with a negative recommendation that no action be taken on the item.

Financial Implications: See report
Contact: Lori Droste, Councilmember, District 8, (510) 981-7180 Action: M/S/C (Arreguin/Harrison) to suspend the rules and extend the meeting to 11:30 p.m.

Vote: All Ayes.

Action: 44 speakers. M/S/C (Hahn/Arreguin) to:

1. Adopt Resolution No. 70,725–N.S. as revised in Option 2 of the supplemental material in Supplemental Communications Packet #2 from Councilmember Robinson and further revised to provide for public comment on the Action Calendar at the onset of the Action Calendar, and as the Action Calendar items are taken up, with exceptions. The changes to the procedures are effective April 11, 2023.

2. Refer the suggestions regarding improvements to the meeting process to the Agenda & Rules Committee and the Open Government Commission for consideration.

Vote: All Ayes.

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Action Calendar – Public Hearings
Tuesday, March 14, 2023 MINUTES Page 10

21. Ambulance User Fee Increase
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution: 1) Adjusting the Ambulance User Fee Schedule to match Alameda County’s approved ambulance user fee schedule, made effective July 1, 2022, for the Cities of Alameda, Albany, Berkeley, and Piedmont; 2) Making the new Ambulance User Fee Schedule effective April 1, 2023; 3) Authorizing the City Manager to execute an amendment to Contract No. 31900182 with Alameda County for ambulance transport services to incorporate the fee increase; and 4) Rescinding Resolution No. 68,897–N.S., effective April 1, 2023.

Financial Implications: See Report
Contact: David Sprague, Fire, (510) 981-3473
Public Testimony: The Mayor opened the public hearing. 1 speaker.

M/S/C (Arreguin/Bartlett) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Arreguin/Harrison) to adopt Resolution No. 70,726–N.S.

Vote: All Ayes.

22. Amendments to Berkeley Election Reform Act Cost of Living Adjustment Provisions
From: Fair Campaign Practices Commission
Recommendation: Conduct a public hearing and, upon conclusion, adopt first reading of an ordinance amending the Berkeley Election Reform Act (BMC Chapter

2.12) to (1) clarify that cost of living adjustments for the $250 campaign contribution limit to be performed in every odd-numbered year shall be rounded to the nearest ten dollars ($10), and (2) providing that all cost of living adjustments required by BERA be performed by March instead of January of each odd-numbered year to coincide with the availability of necessary data.

Financial Implications: None
Contact: Sam Harvey, Commission Secretary, (510) 981-6950 Public Testimony: The Mayor opened the public hearing. 1 speaker.

M/S/C (Arreguin/Harrison) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to adopt first reading of Ordinance No. 7,857– N.S. Second reading scheduled for March 21, 2023.

Vote: All Ayes.

Action Calendar – Old Business

23. Climate Action Plan and Resilience Update (Continued from November 29, 2022) From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: See action for Item 24.

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Tuesday, March 14, 2023 MINUTES Page 11

24. Berkeley Economic Dashboards Update
From: City Manager
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: M/S/C (Arreguin/Wengraf) to refer Item 23 and Item 24 to the Agenda & Rules Committee for future scheduling.

Vote: All Ayes.

Council Action Items

25. Bureaucratic Effectiveness and Referral Improvement and Prioritization Effort (BE RIPE) (Reviewed by the Agenda & Rules Committee)
From: Councilmember Droste (Author)
Recommendation:

In order to ensure that the City focuses on high-priority issues, projects, and goals and affords them the resources and funding such civic efforts deserve, the City Council should consult with the City Manager’s Office to develop and adopt a suite of revisions to the City Council Rules of Procedure and Order that would implement the following provisions:

1. Beginning in 2023, Councilmembers shall submit no more than one major legislative proposal or set of amendments to any existing ordinance per year, with the Mayor permitted to submit two major proposals, for a maximum of ten major Council items per year.

2. In 2023 and all future years, Councilmembers shall be required to submit major items before an established deadline. Council shall then prioritize any new legislative items as well as any incomplete major items from the previous year using the Reweighted Range Voting (RRV) process. This will help establish clear priorities for staff time, funding, and scheduling Council work sessions and meetings. For 2023 alone, the RRV process should include outstanding/incomplete Council items from all previous years. In 2024 and thereafter, the RRV process should only incorporate outstanding/incomplete major items from the prior year. However, Councilmembers may choose to renominate an incomplete major policy item from an earlier year as their single major item.

3. During deliberations at a special worksession, Council retreat, and/or departmental budget presentations, Council and the City Manager should develop a work plan that establishes reasonable expectations about what can be accomplished by staff given the list of priorities as ranked by RRV. Council should also consult with the City Manager and department heads, particularly the City Attorney’s office, Planning Department, and Public Works Department on workload challenges (mandates outside Council priorities, etc.), impacts, reasonable staff output expectations, and potential corrective actions to ensure that mandated deadlines are met, basic services are provided, and policy proposals are effectively implemented.

4. Budget referrals and allocations from City Council must be explicitly related to a previously established or passed policy/program, planning/strategy document, and/or an external funding opportunity related to one of these. As a good government practice, councilmembers and the Mayor may not submit budget referrals which direct funds to a specific organization or event. Organizations which receive City

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Tuesday, March 14, 2023 MINUTES Page 12
funding must submit at least annually an application detailing, at a minimum: the civic goal(s)/purpose(s) for which City funds are used, the amount of City funding received for each of the preceding five years, and quantitative or qualitative accounting of the results/outcomes for the projects that made use of those City funds. Organizations receiving more than $20,000 in City funds should be required to provide quantitative data regarding the number of individuals served and other outcomes.

5. Ensuring that any exceptions to these provisions are designed to ensure flexibility in the face of an emergency, disaster, or urgent legal issue/liability and narrowly tailored to be consistent with the goals of enhanced efficiency, effectiveness, fairness, and focus.

Policy Committee Recommendation: To send the item to the City Council with a Qualified Positive Recommendation to refer the relevant concepts of the original item to the Agenda & Rules Committee for consideration under the existing committee agenda item regarding enhancements to the City’s legislative process.

Financial Implications: See report
Contact: Lori Droste, Councilmember, District 8, (510) 981-7180 Action: Moved to Consent Calendar to adopt the recommendation from the policy committee.

Public Comment – Items Not Listed on the Agenda - 3 speakers.

Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 11:03 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on March 14, 2023.
___________________________
Rose Thomsen, Deputy City Clerk
Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record.

Hopkins Corridor

1. Alex Benn

2. Phyllis Orrick

3. Khin Chin, on behalf of Disaster and Fire Safety Commission (2)

4. Andrew Graham

5. Mimi Morgan

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6. Grayson Savoie

7. Eric Taylor

8. Laila Hamidi

9. Charan Samudrala

10.Walter Wood

11.Joel Myerson (2)

12.William Stringfellow

13.Becca Schonberg

14.Carol Hirth

15.Sally Nelson

16.Diana Bohn

17.Gerry Tierney

18.Mary B

19.Katherine Silver

20.Susan Ashley

21.Sean Co

22.Friends of Hopkins Street

23.Judy Dater

24.Meg Holm

25.Will Gioia

26.Melissa Short

27.Susan DeMersseman

28.Janet Jacobson-Weiss

29.Friends of Five Creeks
BART Development at Ashby and/or North Berkeley

30.Jack Kurzweil (2)

31.Helga Recke
Stuart Street and MLK Danger Zone

32.Claire Fitzgerald

33.Ian Bronswick, Associate Civil Engineer
Ukraine Flag Raising

34.Igor Tregub
Crime in Berkeley

35.John McMonagle

36.Eric Friedman

37.Andres Talero

38.Taline Kazandjian

39.Lisa Mirkovic
Housing Element

40.Corey Smith

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Berkeley Unified School District Milvia Garage

41.Liza Lutzker
Legislative Assistants Compensation

42.Khin Chin, VP of SEIU 1021 CSU PTRLA

43.Anne Cardwell, Deputy City Manager
Dead Animals in Aquatic Park

44.Cassandra Turgman
COVID-19

45.Kelly Hammargren
Affordable Commercial Space

46.Sylvia
Public Transit Fiscal Cliff

47.Thomas Yamaguchi
Deaths at Golden Gate Fields

48.Tweed Conrad
Housing Demolition and Unfinished Business

49.Michai Freeman
Railroad Safety

50.Sarah Freedman
2190 Shattuck Avenue, View from the Campanile

51.Anne Burns
WARN Notice

52.Anne Del Rosario Birnbaum, for Chipper Cash
Infrastructure Need to Protect Codornices Creek Along Hopkins Corridor

53.Friends of Five Creeks

54.Liam Garland, Director of Public Works
Proposed Bike Lane from Bonar Street to Mabel Street along Dwight Way

55.Laurel and Ben Kuchinsky
North Berkeley Senior Center

56.Sara Paredes

57.Chris Gilmore

58.Chiara Juster
High Cost of Food for Cal Students

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59.Olga Jimenez
Day of Hate on Jews – February 25

60.Dorothea Dorenz
Elder Abuse at Harriet Tubman Terrance

61.Darinxoso Oyamasela
Alameda County Information for City Stakeholders

62.Corey Williams on behalf of the U.S. Small Business Administration E-Bike Lottery

63.Anne-Lise Francois
ADA Bypass

64.Carl Bass
Berkeley Asphalt Operations

65.Pear Michaels
Bus Rapid Transit from University to Telegraph

66.Zach Franklin

67.Bailey Schweitzer
910 Indian Rock Avenue

68.Leila Moncharsh, on behalf of The Berkeley Architectural Heritage Assoc.

PAB Recommendations – Unmanned Aerial System

69.Jen Louis, Interim Chief of Police
URLs Only

70.Vivian Warkentin (3)

71.Fred Dodsworth

72.Michai Freeman
Supplemental Communications and Reports 1
Item #17: Support for SB 58: Controlled Substances

73.Revised material, submitted by Councilmember Taplin
Item #20: Reforms to Public Comment Procedures at Meetings of the City Council

74.Berkeley Neighborhood Council (2)

75.Linda Franklin

76.Lisa Bruce

77.Diana Bohn

78.Tarek Rached

79.Natasha Robinson

80.Tony Corman

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81.Larisa Cummings

82.James Mattson

83.Mary Behm-Steinberg
Supplemental Communications and Reports 2
Item #1: Amendments to COVID-19 Emergency Response Ordinance, BMC Chapter

13.110

84.Revised material, submitted by Mayor Arreguin

85.Supplemental material, submitted by Councilmember Kesarwani Item #20: Reforms to Public Comment Procedures at Meetings of the City Council

86.Supplemental material, submitted by Councilmember Robinson

87.Shirley Dean

88.Zipporah Collins

89.Irene Rosenthal

90.Sally Nelson

91.Diana Bohn

92.Rose Monahan

93.Carol Denney

94.Leah Redwood

95.Tammy Stellanova

96.Juli Dickey

97.David Fielder

98.Peggy Radel

99.Aimee Baldwin
100. Summer Brenner
101. MaryAnn Furda
102. Anandamayi Arnold
Supplemental Communications and Reports 3
Item #1: Amendments to COVID-19 Emergency Response Ordinance, BMC Chapter

13.110
103. Isabelle Gaston
Item #14: Support SB 252 – State Divestment from Fossil Fuels 104. Peace and Justice Commission
Item #15: Budget Referral: Vision 2050 Complete Streets Parcel Tax Community Engagement and Program Plan
105. Berkeleyans for Better Planning
Item #20: Reforms to Public Comment Procedures at Meetings of the City Council 106. Jonathan Wieder
107. Hali Hammer
108. Molly Baskette
109. Kelly Hammargren
110. John Bean

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111. Michael Weber
112. Gael Alcock
113. Abderazak Mehdhkour
114. Elaine Bloom
115. Irene Rosenthal
116. Judith White
117. George Lippman
118. Igor Tregub
119. Mati Teiblum
120. Sonya Karabel
121. Barbara Gilbert
122. Derethia DuVal
123. Libby Sayre
124. Jack Kurzweil
125. Sheila Jordan
126. Alice Rosenthal
127. Isis Feral
128. Emma Martin, on behalf of The Center for Independent Living Item #25: Bureaucratic Effectiveness and Referral Improvement and Prioritization Effort (BE RIPE)
129. Nancy Schimmel
Miscellaneous Communications
130. Mr. Eid

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Monday, March 20, 2023 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Monday, March 20, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

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.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1612633953. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 263 3953. 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 meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

Attachment 10

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Monday, March 20, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:07 p.m.

Present: Taplin, Harrison, Wengraf, Robinson, Humbert, Arreguin

Absent: Kesarwani, Bartlett, Hahn
Councilmember Kesarwani present at 6:20 p.m.

Worksession

1. Update on the Waterfront Specific Plan for the City of Berkeley Public Tidelands Area
From: City Manager
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: 13 speakers. Presentation made and discussion held.

Adjournment
Action: M/S/C (Arreguin/Harrison) to adjourn the meeting.

Vote: Ayes – Kesarwani, Taplin, Harrison, Wengraf, Robinson, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Bartlett, Hahn.

Adjourned at 8:31 p.m.

I hereby certify that the foregoing is a true and correct record of the special session meeting held on March 20, 2023.
___________________________
Rose Thomsen, Deputy City Clerk
Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item #1: Update on the Waterfront Specific Plan for the City of Berkeley Public Tidelands Area

1. Claudia Kawczynska
Supplemental Communications and Reports 1
 None

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Supplemental Communications and Reports 2
Item #1: Update on the Waterfront Specific Plan for the City of Berkeley Public Tidelands Area

2. Peter Kuhn

3. James McGrath
Supplemental Communications and Reports 3
Item #1: Update on the Waterfront Specific Plan for the City of Berkeley Public Tidelands Area

4. Presentation, submitted by Parks, Recreation and Waterfront

5. Robert Ofsevit

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Tuesday, March 21, 2023 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Tuesday, March 21, 2023
4:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

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.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1604192052. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 419 2052. 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 meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

Attachment 11

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Preliminary Matters
Roll Call: 4:08 p.m.

Present: Bartlett, Wengraf, Robinson, Humbert, Arreguin

Absent: Kesarwani, Taplin, Harrison, Hahn
Councilmember Harrison present at 5:26 p.m.

Councilmember Kesarwani present at 6:07 p.m.

Worksession

1. Civic Arts Grants Program – Improved Practices & Community Impact From: City Manager
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: 8 speakers. Presentation made and discussion held.

2. Civic Center Plan Phase II – Design Concept
From: City Manager
Contact: Liam Garland, Public Works, (510) 981-6300
Action: 15 speakers. Presentation made and discussion held.

Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.

Vote: Ayes – Kesarwani, Bartlett, Harrison, Robinson, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Taplin, Hahn, Wengraf.

Councilmember Wengraf absent 5:47 p.m. – 6:36 p.m.

Adjourned at 6:36 p.m.

I hereby certify that the foregoing is a true and correct record of the special session meeting held on March 21, 2023.
___________________________
Mark Numainville, City Clerk
Communications
Item #2: Civic Center Plan Phase II – Design Concept

1. Wendy Alfsen

2. Peter Schultze-Allen

3. Todd Jersey

4. Janet Byron

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5. John Caner, Convener, Community for a Cultural Civic Center Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #2: Civic Center Plan Phase II – Design Concept

6. Gillian Irwin

7. Stefen

8. Diana Bohn

9. Rachel Katz
Supplemental Communications and Reports 3
Item #1: Civic Arts Grants Program – Improved Practices & Community Impacts

10.Presentation, submitted by the City Manager’s Office Item #2: Civic Center Plan Phase II – Design Concept

11.Presentation, submitted by the City Manager’s Office

12.Karl Wanaselja

13.Kelly Hammargren

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Tuesday, March 21, 2023 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, March 21, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

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.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://cityofberkeley- info.zoomgov.com/j/1604192052. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 419 2052. 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 meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

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.

Attachment 12

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Preliminary Matters
Roll Call: 6:37 p.m.

Present: Kesarwani, Bartlett, Harrison, Robinson, Humbert, Arreguin

Absent: Taplin, Hahn, Wengraf
Councilmember Wengraf present at 6:47 p.m.

Councilmember Taplin present at 6:51 p.m.

Ceremonial Matters:

1. Recognition of Martin Nicolas, Local Activist and Photographer

2. Recognition of Education and Sharing Day

3. Adjourned in Memory of Lillia Bartlow, Berkeley High School Student City Manager Comments: None
Public Comment on Non-Agenda Matters: 10 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 24 speakers.

Action: M/S/C (Arreguin/Wengraf) to accept an urgency item from Mayor Arreguin and Councilmember Robinson to submit a letter to the California Supreme Court in support of judicial review in Make UC a Good Neighbor v. The Regents of the University of California.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Wengraf, Robinson, Humbert, Arreguin; Noes – None; Abstain – Harrison; Absent – Hahn.

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Action: M/S/C (Arreguin/Robinson) to adopt the Consent Calendar in one motion except as indicated.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Wengraf, Robinson, Wengraf, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Hahn.

Urgency Item: Authorizing the City Attorney to Submit a Letter in Support of the UC Regents Petition for Review in Make UC a Good Neighbor v. Regents of University of California
From: Mayor Jesse Arreguin (author); Councilmember Rigel Robinson (co-author) Recommendation: Adopt a Resolution Authorizing the City Attorney to submit a letter in support of the University of California Regents’ petition for review to the California State Supreme Court in Make UC a Good Neighbor v. The Regents of University of California.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,727-N.S. with the following amendments:

Amended to move the last Whereas clause to after the third Whereas clause, and to revise the wording in the fifth and seventh Whereas clauses to read:

WHEREAS, the Court concluded that the noise impacts of the residents of a housing project must be studied and mitigated has the potential to delay or derail the construction of student housing off-campus in the city’s jurisdiction; and WHEREAS, this decision could enable parties who oppose certain student housing, affordable housing or residential or commercial development to delay projects arguing that noisy occupants are an environmental impact; and
Vote: Ayes – Kesarwani, Taplin, Bartlett, Wengraf, Robinson, Wengraf, Humbert, Arreguin; Noes – Harrison; Abstain – None; Absent – Hahn.

Consent Calendar – Continued Business
A. Amendments to COVID-19 Emergency Response Ordinance, BMC Chapter

13.110 (Continued from March 14, 2023)
From: Mayor Arreguin (Author), Councilmember Hahn (Author) Recommendation: Adopt second reading of Ordinance No. 7,855-N.S. amending Berkeley Municipal Code (BMC) Chapter 13.110, the COVID-19 Emergency Response Ordinance to suspend the application of the ordinance to commercial property, permit lawful owner move-in evictions, and establish a Transition Period during which time specified evictions would be prohibited.

First Reading Vote: All Ayes.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted second reading of Ordinance No. 7,855–N.S.

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Consent Calendar – Continued Business
Tuesday, March 21, 2023 MINUTES Page 4
B. Amendments to Berkeley Election Reform Act Cost of Living Adjustment Provisions (Continued from March 14, 2023)
From: Fair Campaign Practices Commission
Recommendation: Adopt second reading of Ordinance No. 7,857-N.S. amending the Berkeley Election Reform Act (BMC Chapter 2.12) to (1) clarify that cost of living adjustments for the $250 campaign contribution limit to be performed in every odd- numbered year shall be rounded to the nearest ten dollars ($10), and (2) providing that all cost of living adjustments required by BERA be performed by March instead of January of each odd-numbered year to coincide with the availability of necessary data.

First Reading Vote: All Ayes.

Financial Implications: None
Contact: Sam Harvey, Commission Secretary, (510) 981-6950 Action: Adopted second reading of Ordinance No. 7,857–N.S.

Consent Calendar

1. Resolution Reviewing and Ratifying the Proclamation of Local Emergency Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19)
From: City Manager
Recommendation: Adopt a Resolution reviewing the need for continuing the local emergency due to the spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19) and ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services on March 3, 2020, initially ratified by the City Council on March 10, 2020, and subsequently reviewed and ratified by the Council on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, July 26, 2022, September 20, 2022, November 3, 2022, December 13, 2022, and January 31, 2023.

Financial Implications: To be determined.

Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,728–N.S. as revised in Supplemental Communications Packet #1 by the City Manager.

Vote: Ayes – Taplin, Bartlett, Harrison, Robinson, Arreguin; Noes – Kesarwani, Humbert; Abstain – Wengraf; Absent – Hahn.

2. Designate the Line of Succession for the Director of Emergency Services From: City Manager
Recommendation: Adopt a Resolution approving the designated line of succession to the position of Director of Emergency Services in the event of an emergency, and rescinding Resolution No. 70,406-N.S.

Financial Implications: None
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000 Action: Adopted Resolution No. 70,729–N.S.

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Consent Calendar
Tuesday, March 21, 2023 MINUTES Page 5

3. Grant Application: Funding from the Federal Emergency Management Agency (FEMA) to expand a NFPA 1582/1583 compliant employee Wellness, Fitness and Human Performance Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the Federal Emergency Management Agency (FEMA) for up to $840,000 with a 10% or $84,000 in matching city funds to expand a National Fire Protection Association (NFPA) 1582/1583 compliant employee Wellness, Fitness and Human Performance Program.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,730–N.S.

4. Contract No. 32200156 Amendment: Options Recovery Services for Community Crisis Response Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32200156 with Options Recovery Services (Options) to add $561,917.11 and extend the term of the Community Crisis Response Services to December 31, 2023 with a not to exceed amount of $1,201,917.11.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,731–N.S.

5. Contract No. 32200147 Amendment: Women’s Daytime Drop-In Center for Community Crisis Response Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32200147 with Women’s Daytime Drop-In Center (WDDC) to add $75,600 and extend the term of the Community Crisis Response Services to December 31, 2023 with a not to exceed amount of $195,600.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,732–N.S.

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Consent Calendar
Tuesday, March 21, 2023 MINUTES Page 6

6. Contract No. 32300025 Amendment: Non-Profit Intelligence Partners for Flexible Funding program services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32300025 with Non-Profit Intelligence Partners (NPI) to provide Flexible Funding program services through June 30, 2024 in an amount not to exceed $350,000. This will extend the existing contract by one year and add $300,000 in funding.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,733–N.S.

7. Revenue Agreements: California Department of Public Health Childhood Lead Poisoning Prevention and CalFresh Grants
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager or her designee to submit grant agreements to the State of California, California Department of Public Health (CDPH), to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following two revenue agreements:

1. CDPH: Childhood Lead Poisoning Prevention Program (CLPPP), in the projected total 3-year amount of $383,455 for FY 2024, FY 2025, and FY 2026.

2. CDPH: CalFresh Healthy Living Program (CalFresh), in the projected amount of $162,390 each year in FFY 2024, FFY 2025, FFY 2026, for a projected total 3-year amount of $487,170.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,734–N.S. (Lead); and Resolution No. 70,735– N.S. (CalFresh).

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Consent Calendar
Tuesday, March 21, 2023 MINUTES Page 7

8. Funding Recommendation and Joint Homekey Application for the University Inn at 1461 University
From: City Manager
Recommendation: Adopt three resolutions approving the following actions in support of a Homekey program funding allocation by:

1. Reserving up to $8,500,000 in General Funds received pursuant to Measure P for the University Inn permanent supportive housing project at 1461 University Avenue as proposed by a partnership between Memar Properties (Memar) and Housing Consortium of the East Bay (HCEB).

2. Reserving up to $1,000,000 in General Funds received pursuant to Measure P for Memar and HCEB to operate the University Inn as an emergency shelter prior to permanent housing conversion.

3. Authorizing the City Manager or her designee to prepare and submit a joint application together with Memar and HCEB for the State of California Housing and Community Development (HCD) Department’s Homekey program for the University Inn permanent supportive housing project. And, further authorizing the City Manager or her designee to include the issuance date of the Notice of Funding Availability, once available, in the resolution.

4. Authorizing the City Manager or her designee to take actions needed for the City’s participation in HCD’s Homekey program, including entering into HCD’s Standard Agreement and any amendments.

5. Authorizing the City Manager or her designee to execute all original or amended documents or agreements to effectuate these actions.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,736–N.S. (Funding Reservation) as revised in Supplemental Communications Packet #2 by the City Manager; Adopted Resolution No. 70,737–N.S. (Joint Application) with an amended Resolved clause to read:

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Council approves $8,500,000 in funding reservations from General Funds received pursuant to Measure P Allocation for the University Inn Homekey project. The project would include a preference for homeless individuals in Berkeley to the extent allowable under the coordinated entry system and all other applicable laws and regulations.

Adopted Resolution No. 70,738–N.S. (Authorizing Joint Application) with an amended Resolved clause to read:

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it approves the submission of a joint application with HCEB and Memar or their affiliate for the Homekey application for University Inn Homekey project, with a preference for homeless individuals in Berkeley to the extent allowable under the coordinated entry system and all other applicable laws and regulations.

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Consent Calendar
Tuesday, March 21, 2023 MINUTES Page 8

9. Amending the Program Year 2021 (PY2021) Annual Action Plan to Accept HOME-American Rescue Plan Funds
From: City Manager
Recommendation: Adopt a Resolution:

1. Amending the PY2021 Annual Action Plan to expend HUD’s allocation of HOME Investment Partnerships Program – American Rescue Plan (HOME-ARP) funds to the City of Berkeley, totaling $2,735,696, upon HUD’s acceptance of the City’s Allocation Plan.

2. Allocating up to the allowable 15% ($410,354) of the HOME-ARP funds for administration and planning, up to the allowable 5% ($136,785) for nonprofit capacity building, and the remaining 80% ($2,188,557) to supportive services for the qualifying populations. If the HOME-ARP award amount is modified, the same formulas will be applied for allocating funds.

3. Authorizing the City Manager or her designee to submit the approved PY2021 Annual Action Plan Substantial Amendment to HUD, and accept any resulting agreements, and amendments thereto with HUD.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,739–N.S.

10. Salary Range Adjustments: Senior Behavioral Health Clinician, Mental Health Clinical Supervisor, Mental Health Program Supervisor, Assistant Manager of Mental Health Division, and Manager of Mental Health Division From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 69,997-N.S.

Salary Resolution for Public Employees Union – Local 1 to increase the top step salary of the Senior Behavioral Health Clinician by 0.83%; Mental Health Clinical Supervisor by 4.18%; Mental Health Program Supervisor by 7.33%; Assistant Manager of Mental Health Division by 7.33%; and Manager of Mental Health Division by 1.20%, effective January 14, 2023.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,740–N.S.

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Consent Calendar
Tuesday, March 21, 2023 MINUTES Page 9

11. Salary Range Adjustments: Deputy City Manager and Employee Relations Manager Classifications
From: City Manager
Recommendation: Adopt a Resolution to amend Resolution No. 69,998-N.S.

Classification and Salary Resolution for classifications in Representation Unit Z-1 (Confidential and Executive Management Employees) to increase the top step salary of the Deputy City Manager classification from $277,840.99 to $291,733.04, and the Employee Relations Manager classification from $175,026.38 to $180,065.60 effective January 14, 2023.

This Resolution follows Council consideration of this item in Closed Session on December 12, 2022.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,741–N.S.

12. Contract: TEROCONS INC. for Aquatic Park Paddling and Rowing Club Parking Lot Improvements Project
From: City Manager
Recommendation: Adopt a Resolution:

1. Approving the plans and specifications for the Aquatic Park Paddling and Rowing Club Parking Lot Improvements Project; and

2. Accepting the bid of the lowest responsive and responsible bidder, TEROCONS INC.; and

3. 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, with TEROCONS INC., for the Aquatic Park Paddling and Rowing Club Parking Lot Improvements Project at 2851 West Bolivar Drive, Berkeley, CA 94710, in an amount not to exceed $260,312.50 which includes a contract amount of $208,250.00 and a 25% contingency in the amount of $52,062.50.

Financial Implications: Parks Tax Fund - $260,312.50
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,742–N.S.

13. Grant Funding Application for SolarAPP+ integration From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to submit a grant application in the amount of $80,000 to The California Energy Commission, to receive technical assistance to integrate the SolarAPP+ web software to the City of Berkeley Permit Service Center operations, and to accept grant funds and execute a resulting grant agreement.

Financial Implications: See report.

Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 70,743–N.S.

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Consent Calendar
Tuesday, March 21, 2023 MINUTES Page 10

14. Contract No. 32100192 Amendment: California Constructores for Sidewalk Repairs FY 2020 Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32100192 with California Constructores, increasing the contract amount by $200,000 for a total not-to-exceed amount of $2,375,900.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,744–N.S.

15. Contract: JV Lucas Paving, Inc. for Street Rehabilitation FY 2023 Project From: City Manager
Recommendation: Adopt a Resolution: 1) approving plans and specifications for the Street Rehabilitation FY 2023 Project, Specification No. 23-11558-C; and 2) accepting the bid of the lowest responsive and responsible bidder, JV Lucas Paving, Inc. and 3) 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 $10,203,711.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,745–N.S.

16. Purchase Order: Pape Machinery, Inc. for One John Deere 320P Backhoe Loader
From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City Manager to participate in Sourcewell bid procedures and authorizing the City Manager to execute a purchase order for one (1) 2023 John Deere 320P Backhoe Loader with Pape Machinery, Inc. in an amount not to exceed $215,000.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,746–N.S.

17. Purchase Order: Nicholas K Corp dba the Ford Store San Leandro for Eight Ford Interceptor Hybrid Utility Vehicles
From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City Manager to participate in Alameda County bid procedures and authorize the City Manager to execute a purchase order for eight (8) Ford Interceptor Utility Hybrid vehicles with Nicholas K Corp dba the Ford Store San Leandro in an amount not to exceed $496,454.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,747–N.S.

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Consent Calendar
Tuesday, March 21, 2023 MINUTES Page 11

18. Referral Response: Grant Program for Retaining and Improving Creative Spaces
From: Civic Arts Commission
Recommendation: Referral to the FY 2024 Budget Process an annual allocation of $300,000 for funding the Civic Arts program to administer an annual Capital Projects Grant Program for Berkeley-based nonprofit arts and cultural organizations in order to retain and sustain the vitality of Berkeley’s arts sector though real estate and capital project support.

Financial Implications: See report
Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530 Action: Approved recommendation.

Council Consent Items

19. Budget Referral: Post COVID-19 Rental Assistance/Anti-Displacement From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Robinson (Co- Sponsor)
Recommendation: Refer $2,000,000 to the FY 2024/June Budget Process to augment the Housing Retention Program, (administered by the Eviction Defense Center, EDC) as part of the City’s anti-displacement programs (launched in 2017), for the purpose of providing rental assistance to tenants due to the COVID-19 eviction moratorium expiration and rent debt due to inflation and rental increases.

The proposed funding source is FY 2023-2024 Measure P tax receipts.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Approved recommendation.

20. City Co-Sponsorship of Bioneers Conference and Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation: Adopt a resolution memorializing City of Berkeley co- sponsorship of the non-profit Bioneers Conference, to be held April 6-8, 2023 and approving the expenditure of an amount not to exceed $250 per Councilmember including $250 from Mayor Arreguin, to the Berkeley Chamber of Commerce to offset permit costs, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,748–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Mayor Arreguin - $250; Councilmember Wengraf - $250; Councilmember Robinson - $200.

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Council Consent Items
Tuesday, March 21, 2023 MINUTES Page 12

21. Budget Referral - Speed Feedback Signs for Arlington Avenue From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation: In support of the City’s Vision Zero Action Plan and Pedestrian Plan goals, refer to the Fiscal Year 2024 Budget Process an allocation of $40,000 for two Speed Feedback Signs on Arlington Avenue between The Circle and Mendocino Avenue, to encourage slower speeds on a stretch with numerous hidden and mid- block crosswalks.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Approved recommendation.

22. Pedestrian Safety Upgrades for Arlington Avenue
From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation: In support of the City’s Vision Zero Action Plan and Pedestrian Plan goals, refer to the Fiscal Year 2024 Budget Process an allocation of $35,000 for traffic control measures on Arlington Avenue from The Circle to Mendocino Avenue, to enhance pedestrian safety at hidden crosswalks and where paths cross mid-block, and refresh painted markings that narrow lanes and encourage reduced speeds.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Approved recommendation.

23. 2023 Virtual Holocaust Remembrance Day Program: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds From: Councilmember Wengraf (Author), Councilmember Hahn (Author) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 each from Councilmember Wengraf and Councilmember Hahn, to support the City’s Annual Holocaust Remembrance Day program with funds relinquished to the City’s general fund. The relinquishment of funds from Councilmember Wengraf’s and Hahn’s discretionary Council Office Budgets and all other Councilmembers who would like to contribute, allows the City of Berkeley to invite the community to the City’s 20th Annual Holocaust Remembrance Day virtual program, created by the community with City Council support. This year’s program will be held virtually on April 16th, 2023 from 2:00 – 3:00 PM. Register via Eventbrite to attend.

Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Councilmember Taplin added as a co-sponsor. Adopted Resolution No. 70,749–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Mayor Arreguin - $500; Councilmember Kesarwani - $200; Councilmember Humbert – $500; Councilmember Harrison – $250; Councilmember Bartlett – $250; Councilmember Taplin – $500; Councilmember Robinson – $200.

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Council Consent Items
Tuesday, March 21, 2023 MINUTES Page 13

24. Proclamation in Honor of City of Berkeley 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 City of Berkeley’s 20th Annual Holocaust Remembrance Day. The program will take place virtually on Sunday, April 16th from 2:00 - 3:00 PM.

Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Adopted proclamation.

25. Referral: On-Street Secure Bike Storage
From: Councilmember Robinson (Author), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Taplin (Co-Sponsor) Recommendation: Refer to the City Manager to develop and return to Council with a plan to create on-street secure bike parking in multi-family residential and commercial districts across the City in parking spots previously reserved for car storage. Take associated actions, including:

1. Determining recommended locations for installation that take into consideration factors such as equity priority neighborhoods; transit connections; bicycle network connections; areas with high percentages of tenants; access to destinations such as schools, community centers, employment centers, and businesses; and public input.

2. Developing and issuing a Request for Proposal for an operator to install and maintain on-street bike lockers, including lockers that can accommodate bikes of varying shapes and sizes.

3. Pursuing available grant opportunities to fund initial costs and ongoing maintenance.

Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Approved recommendation.

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Action Calendar – Public Hearings
Tuesday, March 21, 2023 MINUTES Page 14

26. Implement Residential Preferential Parking (RPP) Program on the 1600 Block of Fifth Street
From: City Manager
Recommendation: Conduct a public hearing and upon its conclusion, adopt a Resolution amending Resolution No. 56,508-N.S. Section 25P by adding a subsection to implement Residential Preferential Parking (RPP) on the east side of the 1600 block of Fifth Street in Area P.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Public Testimony: The Mayor opened the public hearing. 1 speaker.

M/S/C (Arreguin/Robinson) to close the public hearing.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Wengraf, Robinson, Wengraf, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Hahn.

Action: M/S/C (Arreguin/Robinson) to adopt Resolution No. 70,750–N.S. with revised materials in Supplemental Communications Packet #1 from the City Manager.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Robinson, Wengraf, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Hahn, Wengraf.

Action Calendar – New Business

27. Berkeley Transit-First Policy Implementation Plan
From: City Manager
Recommendation: 1. Adopt a Resolution approving the Berkeley Transit-First Policy Implementation Plan and authorizing the City Manager to pursue implementation of the Plan as funding and staffing permit; and

2. Appoint two members and one alternate to serve on the Inter-Agency Liaison Committee (ILC) between the City of Berkeley and AC Transit to discuss transit- related matters on a quarterly schedule.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Moved to Consent Calendar.

1. Adopted Resolution No. 70,751–N.S.

2. Appointed Councilmembers Robinson, Taplin, and Harrison to the ILC.

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Council Action Items
Tuesday, March 21, 2023 MINUTES Page 15

28. Adopt Ordinance Adding Chapter 2.102 to the Berkeley Municipal Code to Establish a Labor Peace Policy Minimizing Labor/Management Conflict in Berkeley Marina Zone
From: Councilmember Harrison (Author), Mayor Arreguin (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Adopt Ordinance Adding Chapter 2.102 to the Berkeley Municipal Code (BMC) to Establish a Labor Peace Policy minimizing labor/management conflict in Berkeley Marina Zone.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Item 28 held over to April 11, 2023.

Information Reports

29. Fiscal Year 2023 Mid-Year Budget Update
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000; Henry Oyekanmi, Finance, (510) 981-7300
Action: Received and filed.

30. LPO NOD: 1581 Le Roy Avenue/#LMSAP2022-0009
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

31. LPO NOD: 1325 Arch Street/#LMSAP2022-0013
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

32. LPO NOD: 1911 Fourth Street /#LMSAP2022-0014
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

33. 2022 Disaster and Fire Safety Commission Work Plan
From: Disaster and Fire Safety Commission
Contact: Keith May, Commission Secretary, (510) 981-3473 Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 1 speaker.

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Tuesday, March 21, 2023 MINUTES Page 16
Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Wengraf, Robinson, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Hahn.

Adjourned at 9:07 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on March 21, 2023.
___________________________
Mark Numainville, City Clerk
Communications
Hopkins Corridor

1. Jim Offel

2. Dan Leaverton

3. Wilbur Ressler

4. Anna Muessig

5. Susan Brooks

6. Bob Flasher
BART Development

7. Jack Kurzweil

8. Dan Leaverton

9. Heath Maddox

10.Carol Gross

11.Phyllis Orrick

12.Mary Dorst

13.Kok Loong Lye

14.Kim Klein
Eviction Moratorium

15.Teri Gerritz

16.Rose Hughes
Crime

17.Seema Burke

18.Kimberly Damer

19.Taline T

20.Klara Budai

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Tuesday, March 21, 2023 MINUTES Page 17
910 Indian Rock

21.Berkeley Architectural Heritage Association
Bird Safe Ordinance

22.Jan Ruchlis

23.Kelly Hammargren

24.Juliet Lamont

25.Sally Nelson
Civic Center Vision Plan

26.Wendy Alfsen

27.Lorraine and Jack Scanlin
Berkeley Asphalt Operations

28.Pear Michaels
Council Meetings – Hybrid and In-Person

29.generalmint@
Viewpoint of City Manager

30.Diana Bohn
Disabilities

31.Gregory Kalkanis
3rd Party Delivery System

32.Terri Nevins

33.Eric Wright
Golden Bear Housing Safety Assessment

34.Meryl Siegal
Harriet Tubman Apartment Issues

35.Darinxoso Oyamasela

36.Brandi Hutchinson

37.Cassandra Palanza
Homelessness/Encampments/Winter Shelter

38.Paul Eriksen

39.Moni Law

40.Paul Kealoha Blake

41.Carol Corradi

42.City Manager Dee Williams-Ridley
COVID/Masking

43.Moni Law

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Tuesday, March 21, 2023 MINUTES Page 18

44.Ms. Omowale Fowles

45.Eric Friedman

46.Isabell Gaston
In Memory of Judy Heumann

47.Michai Freeman

48.Councilmember Bartlett
Turtle Island Monument

49.John Caner, Convener for Community for a Cultural Civic Center

50.George Petty
URL’s Only

51.Vivian Warkentin (2)
Supplemental Communications and Reports 1
Item #1: Resolution Reviewing and Ratifying the Proclamation of Local Emergency Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19)

52.Revised material, submitted by the City Manager’s Office Item #26: Implement Residential Preferential Parking (RPP) Program on the 1600 Block of Fifth Street

53.Revised material, submitted by Public Works
Supplemental Communications and Reports 2
Item #8: Funding Recommendations and Joint Homekey Applications for the University Inn at 1461 University

54.Revised material, submitted by Health, Housing and Community Services Item #18: Referral Response: Grant Program for Retaining and Improving Creative Spaces

55.John-Mario Sevilla, on behalf of Luna Dance Institute Supplemental Communications and Reports 3
Item #13: Grant Funding Application for SolarAPP+ Integration

56.Igor Tregub
Item #26: Implement Residential Preferential Parking (RPP) Program on the 1600 Block of Fifth Street

57.Presentation, submitted by Public Works
Item #27: Berkeley Transit-First Policy Implementation Plan

58.Presentation, submitted by Public Works

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Tuesday, March 21, 2023 MINUTES Page 19
Urgency Item
Authorizing the City Attorney to Submit a Letter in Support of the UC Regents Petition for Review in Make UC a Good Neighbor v. Regents of University of California

59.Urgent item, submitted by Mayor Arreguin and Councilmember Robinson

60.Becky O’Malley

61.Michael Fullerton

62.Erika Shore

63.Max Ventura

64.Diana Bohn

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on April 11, 2023

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.

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report are $120,000.

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

PROJECT Fund Source Amount
Mini-Bulk Swimming Pool
Treatment Chemicals
011 General Fund $120,000
Total: $120,000

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Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council April 11, 2023 Approval on April 11, 2023

BACKGROUND
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S., amending the City Manager’s purchasing authority for services.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Finance Department reviews all formal bid and proposal solicitations to ensure that they include provisions for compliance with the City’s environmental policies. For each contract that is subject to City Council authorization, staff will address environmental sustainability considerations in the associated staff report to City Council.

RATIONALE FOR RECOMMENDATION
Need for the services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Darryl Sweet, General Services Manager, Finance, 510-981-7329 Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on April 11, 2023
a. Mini-Bulk Swimming Pool Treatment Chemicals
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

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NEXT 30 DAYS
DATE SUBMITTED: April 11, 2023
Attachment 1

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX.

BID

OPENING
DATE

INTENDED USE ESTIMATED
COST

BUDGET CODE TO BE

CHARGED
DEPT. /

DIVISION

CONTACT NAME &
PHONE
23-11583-C Mini-Bulk
Swimming Pool
Treatment
Chemicals
4/12/2023 5/11/2023 Purchase of mini-bulk
chlorine, muriatic acid, and
carbon dioxide
2-year contract
($60,000/year)
$120,000 King Pool: 011-52-543-
574-0000-000-461-
642990
West Campus Pool:
011-52-543-575-0000-
000-461-642990
PRW
Recreation
Justin Pitcher
981-5123
DEPT. TOTAL $120,000
TOTAL $120,000
1 of 1

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CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Contract No. 31900273 Amendment: Bay Area Community Services North County Housing Resource Center

RECOMMENDATION
Adopt a Resolution amending Contract No. 31900273 with Bay Area Community Services (BACS) North County Housing Resource Center (HRC) by increasing the not to exceed amount (NTE) by $80,000 utilizing one-time grant funds. The amendment will increase the NTE amount from $11,410,274 to $11,490,274.

FISCAL IMPACTS OF RECOMMENDATION
The amendment will add $80,000 with a total not-to-exceed amount $11,490,274. The funding for this amendment is available in the FY2023 Adopted Budget in One-Time Fund (Fund 336).

CURRENT SITUATION AND ITS EFFECTS
The Isolation and Quarantine program operated by Alameda County demobilized on February 28, 2023. Amending the contract with BACS’ North County HRC will allow BACS to utilize the flex fund to reimburse Berkeley shelters and homeless services providers for short-term hotel stays for any unhoused members or shelter residents who test positive for COVID-19 and are not able to isolate on site. This practice will aid in slowing the spread of COVID-19 in congregate living settings.

BACKGROUND
In response to the COVID-19 Pandemic, Alameda County mobilized an Isolation and Quarantine (I/Q) program providing short-term hotels stays for members of the unhoused community who test positive for COVID-19, this program demobilized on February 28, 2023.

Since March of 2020, Berkeley programs have referred 292 people to the I/Q Program.

These programs include congregate and non-congregate shelters, transitional and interim housing, street outreach, substance use and Berkeley Mental Health. In calendar year 2022, the County’s I/Q program enrolled 35 positive cases and 26 exposure cases from existing Berkeley non-congregate shelters and Transitional

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Contract Amendment for Contract Amendment for BACS’ North County HRC CONSENT CALENDAR April 11, 2023

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Housing Program. During 2022 69% of the referrals for positive cases were from shelters that do not have existing on-site isolation spaces for residents who test positive for COVID-19.

Based on the number of positive cases since July 2020, the planned increase in the census at Berkeley shelters, and existing options for isolation at shelters, we estimate the cost of providing short-term hotel stays, transportation, and food for shelter residents who test positive for COVID-19 to be $80,000.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts or sustainability opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
The additional funding identified will aid in slowing the spread of COVID-19 in congregate living settings by providing the opportunity for shelter residents or unhoused community members who test positive for COVID-19 to safely isolate.

ALTERNATIVE ACTIONS CONSIDERED
Staff did not identify other alternatives that are consistent with both the project goals and CDC’s COVID-19 guidance.

CONTACT PERSON
Katharine Sullivan, Community Services Specialist III, HHCS, 510-981-5286 Attachment:

1. Resolution

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RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 31900273 AMENDMENT: BAY AREA COMMUNITY SERVICES

NORTH COUNTY HOUSING RESOURCE CENTER
WHEREAS, on June 25, 2019, Council authorized the City Manager to enter into a contract with Bay Area Community Services (BACS) (Contract #31900273) to operate the North County Housing Resource Center (HRC).

WHEREAS, on June 30, 2020, Council authorized the City Manager to amend Contract #31900273 with BACS’ North County HRC adding $555,220 and a not to exceed amount of $7,491,720.

WHEREAS, on June 29, 2021, Council authorized the City Manager to amend Contract #31900273 with BACS’ North County HRC adding $2,268,554 and a not to exceed amount of $9,760,274.

WHEREAS, on June 28, 2022, Council authorized the City Manager to amend Contract #31900273 with BACS’ North County HRC adding $2,600,000 and a not to exceed amount of $11,490,274.

WHEREAS, $80,000.00 was allocated to increase the contract amount which will allow BACS to utilize the flex fund to reimburse Berkeley shelters for short-term hotel stays, three meals per day, and transportation to and from the hotel for residents who test positive for COVID-19 and are not able to isolate on site.

WHEREAS, BACS North County HRC has an established flex fund request process that will be used to reimburse shelters for these COVID-19 related expenses.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend contract No. 31900273 with BACS’ North County HRC adding $80,000 from One-Time Fund 336 for a total not to exceed amount of $11,490,274.

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CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Contract: JSI Research & Training Institute, Inc. for Community Health Assessment, Innovation, and Improvement Plan Consultant

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with JSI Research & Training Institute, Inc. to serve as a Community Health Assessment, Innovation, and Improvement Plan consultant for the City of Berkeley’s Health, Housing, and Community Services (HHCS) Department from May 1, 2023 to May 1, 2025 in an amount not to exceed $249,413.00.

FISCAL IMPACTS OF RECOMMENDATION
Funding in the amount of $249,413.00 for the Community Health Assessment, Innovation, and Improvement Plan consultant is available in the FY 2023 budget in the General Fund (Fund 011).

CURRENT SITUATION AND ITS EFFECTS
As a public health jurisdiction, the City’s core public health functions include assessing the health of the community’s population and identifying plans to improve it. Health, Housing, and Community Services (HHCS) issued a Request for Proposals for a Community Health Assessment, Innovation, and Improvement Plan consultant to conduct a landscape scan for partnership opportunities to reduce chronic racial disparities and improve Berkeley's public health strategy, conduct a Community Health Assessment (CHA), develop a Community Health Improvement Plan (CHIP), and design a Health Innovation and Equity District pilot program. JSI Research & Training Institute, Inc. was identified as the best-qualified vendor.

While a CHA and CHIP are critical to informing effective strategies to reduce health disparities, this project goes a step further by establishing a Health Innovation and Equity District Pilot, introduced by Councilmember Bartlett and passed by Berkeley City Council on March 27, 2018, in response to concerning health disparities documented in the City’s Health Status Report of 2018. The scope of work includes evaluating and making recommendations for a pilot program that leverages and integrates efforts between the managed care system, for-profit organizations, philanthropy, and other key

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Contract: JSI Research & Training Institute, Inc. for Community Health CONSENT CALENDAR Assessment, Innovation, and Improvement Plan Consultant April 11, 2023

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stakeholders to create enhanced and innovative new partnerships to improve health outcomes.

The City issued RFP Specification No. 23-11562-C with proposals due no later than January 12, 2023. The City received three proposals. The selection committee was comprised of the Health Officer, an Epidemiologist, a Senior Management Analyst, Community Services Specialist lll, and a senior program manager. Interviews were conducted with the two most qualified organizations before a selection was made.

HHCS’ health equity work is a Strategic Plan Priority Project, advancing our goal to champion and demonstrate social and racial equity and achieving health equity.

BACKGROUND
The State of California encourages all public health jurisdictions to complete regular Community Health Assessments and develop Community Health Improvement Plan.

These are prerequisites for public health department accreditation, which has been discussed as a state priority.

The City of Berkeley is a thriving community with considerable wealth, high levels of educational attainment, and a rich culture that all contribute to a healthy community.

However, Berkeley is not a city where all people are living long and healthy lives and achieving the highest possible level of health. In Berkeley, African American/Black and other people of color are more likely to die prematurely and experience a wide variety of adverse health conditions throughout their lives.

As reported in the 2018 City of Berkeley Health Status Report, a higher incidence of disease is linked to neighborhoods that have been historically under-resourced and overexposed to unhealthy conditions. These neighborhoods have more people living in poverty and more people of color than surrounding neighborhoods. Like other jurisdictions, these historic and ongoing health inequities have been exacerbated by the impacts of the COVID-19 pandemic. Communities of color, specifically African American/Black and Hispanic/Latinx residents, have a higher COVID-19 positivity rate, hospitalizations, and deaths compared to White residents.

Since 2018, extensive work has been done by HHCS to analyze and identify solutions to overcome the underlying issues that perpetuate these health inequities. HHCS programs serve individuals who are most impacted in Berkeley and continue to make progress toward solving health inequities that have existed and been worsened by the COVID-19 pandemic.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the action requested in this report.

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Contract: JSI Research & Training Institute, Inc. for Community Health CONSENT CALENDAR Assessment, Innovation, and Improvement Plan Consultant April 11, 2023

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RATIONALE FOR RECOMMENDATION
The City conducted a competitive bid process and JSI Research & Training Institute, Inc., successfully met the bid requirements and ranked highest among all bidders given their applicable experience working on similar projects with other jurisdictions in California.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Lisa Hernandez, MD, MPH, Public Health Officer, HHCS, (510) 981-5308 Attachment:

1. Resolution

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RESOLUTION NO. ##,###-N.S.

CONTRACT: JSI RESEARCH & TRAINING INSTITUTE, INC. FOR COMMUNITY

HEALTH ASSESSMENT, INNOVATION, AND IMPROVEMENT PLAN CONSULTANT WHEREAS, the City of Berkeley has issued an RFP to obtain a consultant to conduct a landscape scan for partnership opportunities to reduce chronic racial disparities, improve health equity, and strengthen Berkeley's public health strategy, conduct a Community Health Assessment (CHA), develop a Community Health Improvement Plan (CHIP), and design a Health Innovation and Equity District pilot program.

WHEREAS, the City conducted RFP Specification No. 23-11562-C with proposals due no later than January 12, 2023; and
WHEREAS, the City received three proposals in response to this RFP; and WHEREAS, two finalists were invited to meet with the selection committee for a more in- depth review of their proposal and describe their past work with other jurisdictions in California, resulting in the selection of JSI Research & Training Institute, Inc. as the best- qualified vendor.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley to adopt a Resolution authorizing the City Manager to execute a contract and any amendments with JSI Research & Training Institute, Inc. from May 1, 2023 to May 1, 2025 in an amount not to exceed $249,413.00.

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CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Contract: Easy Does It for Provision of Wheelchair Van Service for Seniors & the Disabled

RECOMMENDATION
Adopt a Resolution authorizing the City Manager, or her designee, to execute a contract and any amendments with Easy Does It in the amount of $175,000 for the period of July 1, 2023 through June 30, 2026 for the provision of accessible wheelchair van services to clients of the Aging Services Division’s Berkeley Rides for Seniors & the Disabled program.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the Easy Does It contract will be from Measure BB Direct Local Distribution funds distributed by the Alameda County Transportation Commission. The total amount of the contract will be $175,000. Funding is subject to appropriation in the FY2024, FY2025, and FY2026 budgets in Measure BB Fund 136.

City of Berkeley receives an annual allocation of Measure BB funds specifically for senior and disabled transportation needs.

CURRENT SITUATION AND ITS EFFECTS
Easy Does It provides accessible wheelchair van service to wheelchair customers enrolled in Berkeley Rides for Seniors & the Disabled program. The service shall include 7 day-a-week same-day and advance-scheduled curb-to-curb transportation, and when necessary, door-to-door and door through door service. Customers are transported to destinations within the City of Berkeley and within 15 miles of the jurisdictional boundaries of Berkeley, including Oakland, Richmond, Walnut Creek, San Rafael, Fremont and San Francisco.

BACKGROUND
Easy Does It has been providing lift-equipment accessible wheelchair van service to the City’s wheelchair van program customers since 2005. Easy Does It is the only local lift- equipment accessible wheelchair van service provider and provides an essential service

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Contract: Easy Does It for Provision of Wheelchair CONSENT CALENDAR Van Service for Seniors & Disabled April 11, 2023

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to the City’s wheelchair customers. For this reason, staff are recommending a contract with Easy Does It without conducting a competitive process.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Easy Does It’s wheelchair vans have the capacity for more than one wheelchair passenger, thus, passengers can potentially ride-share.

RATIONALE FOR RECOMMENDATION
Easy Does It provides an essential, demand-response transportation service to Berkeley community members who use wheelchairs, that enables and enhances independent living. In Fiscal Year 2022, Easy Does It provided almost 800 rides to Berkeley community members with wheelchairs. In the first two quarters of Fiscal Year 2023, Easy Does It provided a total of 600 van rides.

ALTERNATIVE ACTIONS CONSIDERED
If the City could not contract with Easy Does It to provide wheelchair van transportation, this would lead to a significant gap in transportation services for senior and disabled community members who use wheelchairs in Berkeley.

CONTACT PERSON
Tanya Bustamante, Aging Services Division Manager, HHCS, (510) 981-5178 Attachments:
1: Resolution

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RESOLUTION NO. ##,###-N.S.

CONTRACT: EASY DOES IT FOR PROVISION OF ACCESSIBLE WHEELCHAIR

VAN SERVICE FOR SENIORS AND THE DISABLED
WHEREAS, Berkeley Rides for Seniors and the Disabled is an Aging Services Division transportation services program funded by Measure BB by the Alameda County Transportation Commission; and
WHEREAS, Measure BB funds a wheelchair van program that provides wheelchair van vouchers exclusively to wheelchair users needing lift-equipment wheelchair accessible van service; and
WHEREAS, Easy Does It has been providing lift-equipment accessible wheelchair van service to the City of Berkeley’s wheelchair customers since 2005; and WHEREAS, funding is subject to appropriation in the FY2024, FY2025, and FY2026 budgets in the Measure BB Fund: HHAMBB2301-NonPersonn-Van Voucher-Regular and HHAMBB2301-NonPersonn-Van Voucher-High Medical Need Program.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager, or her designee, is authorized to execute an expenditure contract and any amendments or extensions thereto with Easy Does It in the amount of $175,000 for the period July 1, 2023 through June 30, 2026 for the purpose of providing lift-equipment accessible wheelchair van services to the City of Berkeley’s wheelchair customers. A record signature copy of said contract and any amendments shall be on file in the office of the City Clerk.

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CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Contract No. 32100126 Amendment: Anjanette Scott LLC for Housing Consultant Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100126 with Anjanette Scott LLC increasing the contract by $50,000 for consulting services in a total amount not to exceed $150,000, with a contract end date of June 30, 2024.

FISCAL IMPACTS OF RECOMMENDATION
The total not-to-exceed amount of this contract will be $150,000. Resources for the contract will be provided from General Fund allocated to the Department of Health, Housing and Community Services’ Housing and Community Services Division (HHCS/HCS), which is currently available in the Fiscal Year 2023 Budget.

CURRENT SITUATION AND ITS EFFECTS
The City has a contract with Anjanette Scott LLC to provide project management services for the Housing Trust Fund program. These services include reviewing and underwriting project proposals, drafting loan documents, managing projects under development, reviewing draw requests, and supporting other work of the Housing Trust Fund and Below Market Rate programs as needed.

The current contract with Anjanette Scott LLC expires on June 30, 2023; though the City Manager is authorized to extend the contract by giving written notice. Staff will request an extension of the current contract to June 30, 2024. The contract was previously extended through a Council approved extension on March 8, 2022.

The City has a robust pipeline of affordable housing developments, and the work required to support the existing projects exceeds the capacity of current housing staff.

Ms. Scott brings a high level of housing development experience and can support current needs while HCS increases its capacity.

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Housing Consultant Contract Amendment – Anjanette Scott LLC CONSENT CALENDAR April 11, 2023

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Supporting housing programs is a Strategic Plan Priority Project, advancing our goal to create affordable housing and housing support service for our most vulnerable community members.

BACKGROUND
Anjanette Scott LLC entered into the current contract with the City on February 7, 2021 to provide project management services to support the City’s affordable housing programs, particularly the Housing Trust Fund program. In response to the continued need for outside project management support, the contract was amended on August 1, 2021 to extend the contract and increase the total amount to $50,000. Due to ongoing need for staffing support, Council approved an additional extension on March 8, 2022, adding $50,000 to the contract for a new total not to exceed $100,000.

The consultant participated in construction and management meetings for multiple Housing Trust Fund projects, reviewed project draw requests, reviewed and assessed funding applications received through the City’s 2022 Homekey Request for Proposals process, drafted loan documents for Housing Trust Fund projects, trained new and existing staff in affordable housing project management, and provided general project management support on housing projects as needed. The consultant has provided critical support in a time of unprecedented housing activity, and staff request extending the contract to ensure continuous support for housing programs and projects.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental impacts related to amending the consultant contract.

RATIONALE FOR RECOMMENDATION
In recent years, the City has funded an unprecedented number of affordable housing projects thanks to new affordable housing funding sources. The amount and complexity of project work now required exceeds HHCS/HCS’ current capacity. HHCS/HCS is completing a staffing study to evaluate the staffing levels and patterns needed to support this work, and recommend extending Anjanette Scott LLC’s contract in the meantime.

ALTERNATIVE ACTIONS CONSIDERED
If the Department is unable to amend and extend the contract with Anjanette Scott LLC, staff will not be able to adequately support the affordable housing projects in the City’s pipeline.

CONTACT PERSON
Jenny Wyant, Senior Community Development Project Coordinator, HHCS, (510) 981-5228
Attachments:
1: Resolution

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RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 32100126 AMENDMENT: PERSONAL SERVICES CONTRACT

WITH ANJANETTE SCOTT LLC
WHEREAS, the City Council established a Housing Trust Fund (HTF) program to assist in the development and expansion of housing affordable to low- and moderate-income persons who either work or reside within the City of Berkeley, and authorized the City Manager to implement the HTF program; and
WHEREAS, on February 7, 2021, the Health, Housing and Community Services Department entered into a contract with Anjanette Scott LLC (contract # 32100126) to provide project management support to the City’s affordable housing programs including the HTF program and Below Market Rate program as needed; and WHEREAS, due to ongoing project management support needs, the City Manager approved an amendment to the contract on August 1, 2021, and on March 8, 2022, an additional amendment was approved by Council with Resolution 70,245-N.S for a combined total not to exceed $100,0000; and
WHEREAS, Anjanette Scott LLC continues to provide critical support to the affordable housing programs, and staff identified an ongoing need to provide coverage and support to housing developments with City funding reservations.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that City Manager is authorized to amend Contract No. 32100126 with Anjanette Scott LLC for personal services to add up to $50,000 for a total not to exceed amount of up to $150,000, and extend the contract to June 30, 2024.

BE IT FURTHER RESOLVED the City Manager, or her designee, is hereby authorized to execute all original or amended documents or agreements to effectuate this action; a signed copy of said documents, agreements and any amendments will be kept on file in the Office of City Clerk.

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CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Contract No. 32000224 Amendment: GovtInvest Labor Costing, Pension & OPEB Analysis Software

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract amendment to Contract No. 32000224 with GovInvest for a labor costing, pension and OPEB (Other Post-Employment Benefits) analysis software system, increasing the amount of the contract by $150,000 to cover 3 years of subscription access to this service for a revised total contract amount not to exceed $200,000.

FISCAL IMPACTS OF RECOMMENDATION
GovInvest was first implemented via Contract No. 32000224, which was amended in December 2022 to add $41,000 to the original contract amount of $9,000 to cover incurred expenditures for licenses, training, and support services. An additional $150,000 is presently needed to cover the costs of continued subscription access to the GovInvest software for a 3-year span.

Funding for the amendment and additional years will be included in the General Fund budget code 011-34-343-000-0000-000-412-612990.

Contract No. 32000224
Original Contract Amount (March 2020) $9,000
Previous Amendment Amount (December 2022) $41,000
Proposed Increase (This Amendment) $150,000
Total New Contract Amount $200,000

CURRENT SITUATION AND ITS EFFECTS
The Human Resources Department’s Employee Relations Division is responsible for negotiating labor contracts for 7 bargaining units representing approximately 1,500 employees within the City. The GovInvest software is a sophisticated tool that provides comprehensive financial forecasting of labor, pension & OPEB costs associated with bargaining proposals.

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Contract 32100046 Amendment: HR Acuity Case Tracking System CONSENT CALENDAR April 11, 2023

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BACKGROUND
Prior to contracting with GovInvest, the City’s method of financial forecasting of labor, pension & OPEB costs involved Microsoft spreadsheets which are no longer able to meet the City’s complex business needs in this regard and invite a higher frequency of human error.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Continued use of the GovInvest software allows Human Resources to store information in an electronic database, which reduces the use of paper.

RATIONALE FOR RECOMMENDATION
GovInvest offers a sophisticated solution in managing and retaining financial forecasting of labor, pension & OPEB costs to accurately prepare the City’s financial proposals during collective bargaining while mitigating or minimizing risk. This amendment will permit the Human Resources Department to continue to use this valuable system for an additional 3 years, during which time all 7 of the City’s labor contracts will become due for negotiation of successor agreements.

ALTERNATIVE ACTIONS CONSIDERED
No alternative action considered.

CONTACT PERSON
Aram Kouyoumdjian, Director of Human Resources, (510) 981-6807.

Attachments:
1: Resolution

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RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 32000224 AMENDMENT: GOVINEST LABOR COSTING, PENSION & OPEB ANALYSIS SOFTWARE
WHEREAS, the Human Resources Department’s Employee Relations Division is currently using the GovInvest software to provide comprehensive financial forecasting of labor, pension & OPEB costs; and
WHEREAS, an additional $150,000 is needed to cover the cost of subscription access to the software through December 31, 2025; and
WHEREAS, funds are available and will be budgeted in future fiscal years in an amount not to exceed $200,000 through December 31, 2025 in budget code 011-34-343-000- 0000-000-412-612990.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32000224 with GovInvest to increase the contract amount by $150,000 for a revised total not to exceed $200,000 through December 31, 2025. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager Office of the City Manager

CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Side Letter of Agreement – Service Employees International Union, Local 1021 Community Services & Part-Time Recreation Leaders Association

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with Service Employees International Union, Local 1021 Community Services & Part-Time Recreation Leaders Association (PTRLA) to modify Section 15.6 of the Memorandum of Agreement regarding Hazardous Substance Special Assignment Pay. Effective July 7, 2022, employees who are regularly assigned to perform services in unhoused settings throughout the service area shall receive a three percent (3%) salary differential to their base pay for all actual hours worked in the field and performing duties in unhoused settings.

This Resolution follows Council consideration of this item in Closed Session on December 12, 2022.

FISCAL IMPACTS OF RECOMMENDATION
The Side Letter of Agreement will result in an expenditure of approximately $60,000 this fiscal year. The cost of the additional contribution can be absorbed in the current general fund.

CURRENT SITUATION AND ITS EFFECTS
There are five (5) classifications that perform services in active encampments: Behavioral Health Clinician I (2058), Behavioral Health Clinician II (2060/2061), Social Services Specialist (2199), Code Enforcement Officer I (3015), and Code Enforcement Officer II (3014), a total of approximately 43 combined active employees who do not receive a differential for working in unhoused settings.

BACKGROUND
On July 29, 2021, Council approved Resolution No. 69,990-N.S., authorizing the City Manager to execute a new Memorandum of Agreement (MOA) for the period June 27, 2021 through June 26, 2024 with SEIU, Local 1021 Community Services & PTRLA. The MOA specified that the City would complete a review of providing hazardous pay to this unit. The City met with representatives of the Union to discuss the results of the review and reached a tentative agreement via a Side Letter of Agreement.

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Side Letter of Agreement – SEIU Community Services & PTRLA CONSENT CALENDAR April 11, 2023

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
The recommendation compensates, through a pay differential, select job classifications for specialized work in unhoused settings, thereby ensuring fair and equitable treatment of employees who perform assignments that carry increased risk of exposure to hazardous substances.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Aram Kouyoumdjian, Director of Human Resources, 510-981-6807 Dawud Brewer, Employee Relations Manager, 510-981-6821
Attachments:
1: Resolution
Exhibit A: Side Letter of Agreement Between the City of Berkeley and Service Employees International Union Local 1021 Community Services & Part- Time Recreation Leaders Association

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RESOLUTION NO. ##,###-N.S.

SIDE LETTER OF AGREEMENT – SERVICE EMPLOYEES INTERNATIONAL UNION

COMMUNITY SERVICES & PART-TIME RECREATION LEADERS ASSOCIATION WHEREAS, on July 29, 2021, the City Council adopted Resolution No. 69,990-N.S. that authorized the City Manager to execute and implement a three-year Memorandum of Agreement with the Service Employees International Union (SEIU) Local 1021 Community Services & Part-Time Recreation Leaders Association (PTRLA) that set forth the wages, hours, and other terms and conditions of employment for employees represented by the Union; and
WHEREAS, Section 15.6, effective July 7, 2022, provides that employees who are regularly assigned to perform services in unhoused settings throughout the service area shall receive a three percent (3%) salary differential to their base pay for all actual hours worked in the field and performing duties in unhoused settings; and WHEREAS, representatives of the City and representatives of SEIU Local 1021 Community Services & PTRLA have met and conferred in good faith and have reached a tentative agreement on a Side Letter of Agreement to the Memorandum of Agreement attached hereto as Exhibit A and made a part hereof;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute and implement the Side Letter of Agreement (Exhibit A), which is attached hereto and made a part of hereof with SEIU Local 1021 Community Services & PTRLA pertaining to the specific sections set forth in the Side Letter of Agreement.

BE IT FURTHER RESOLVED that a copy of the executed Side Letter of Agreement be filed in the Office of the City Clerk.

Exhibit A: Side Letter of Agreement Between the City of Berkeley and Service Employees International Union Local 1021 Community Services & Part-Time Recreation Leaders Association

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Internal
Human Resources Dept.

December 13, 2022
Julio Corral
Labor Representative
SEIU Local 1021
100 Oak Street
Oakland, CA 94607
Re: Letter of Understanding – 15.6 Hazardous Substance Special Assignment Pay Dear Mr. Julio Corral:

This letter is to confirm the agreement reached between the City of Berkeley (the “City”) and Service Employees International Union, Local 1021 Community Services & PTRLA (the “Union”), regarding the above referenced matter.

1. Section 15.6 – Hazardous Substance Special Assignment Pay, of the current memorandum of understanding states:

Beginning no later than 90 days after adoption of the successor contract, the City agrees to conduct a job audit of the Behavioral Health Clinician I (24780), Behavioral Health Clinician II (24790), Social Services Specialist (24810), and Code Enforcement Officer I (33090), Code Enforcement Officer II (33100) classifications who perform services in active encampments through the city and the parties shall meet and confer over the results of the City’s review. The Union believes employees in these classifications who perform services in an active encampment should receive a salary differential to base pay for hours worked on assignment.

2. The parties agreed to modify Section 15.6 – Hazardous Substance Special Assignment Pay, as follows:

Employees who are regularly assigned to perform services in unhoused settings throughout the service area shall receive a three percent (3%) salary differential to their base pay for all actual hours worked in the field and performing duties in unhoused settings.

This differential shall be retroactively applied, to active employees who were employed and remained employed with the city effective the period containing July 7, 2022. Active employees who were hired after July 7, 2022, shall only receive retroactive compensation from the date they were employed. Payment for this retroactive payment shall occur within thirty (30) days of the signing the side letter agreement to add this differential.

This Agreement does not establish a precedent, nor does it interpret any employee rights under the language of the Labor Agreements, the Personnel Rules and Regulations, or any applicable policies and procedures of City departments or the City of Berkeley, except as expressly stated herein.

This Agreement memorializes and constitutes the entire understanding between the parties as to all matters referred to or included herein and supersedes and replaces all prior negotiations, proposed discussion, whether written or oral.

If this is your understanding of the agreement reached, please sign as indicated below.

Sincerely,
Dawud Brewer
Employee Relations Manager

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Internal
WHEREFORE, the parties by and through their authorized agents and representatives agree to the terms of this Side Letter Agreement.

AGREED TO FOR THE CITY: AGREED TO FOR THE UNION:
_________________________ __________________________
Dee Williams-Ridley Julio Corral
City Manager Eastbay Field Supervisor
APPROVED AS TO FORM: __________________________
Peter Masiak
________________________ East Bay Field Director
James Chang
Deputy City Attorney

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CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: Contract No. 31900122-1 Amendment: Rolling Orange, Inc. for Additional Website Maintenance and Support

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900122-1 with Rolling Orange, Inc. for additional website maintenance and support for an amount not-to-exceed $105,000 and a total contract value not-to-exceed $674,300 from March 1, 2019 to June 30, 2025.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the additional professional services is available in the Fiscal Year (FY) 2023 and 2024 IT Cost Allocation fund as outlined below. Spending in future years for this amendment is subject to Council approval of the proposed citywide budget and annual appropriation ordinances.
$52,500 FY 2023: Professional Services
Budget Code: 680-35-361-000-0000-000-472-612990-
(IT Cost Allocation, Business Applications, Professional Services) $52,500 FY 2024: Professional Services
Budget Code: 680-35-361-000-0000-000-472-612990-
(IT Cost Allocation, Business Applications, Professional Services) $105,000 FY 2023 and FY 2024: Total Professional Services

CURRENT SITUATION AND ITS EFFECTS
The City partnered with Rolling Orange to launch a new website in May 2022 (https://berkeleyca.gov). Since the launch, the Rolling Orange has worked extensively with the City to provide content management support, software bug fixes, and security patches. Rolling Orange also provides emergency support related to site availability, performance, and functionality. The City seeks additional spending authority to continue using Rolling Orange as our website support partner.

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Contract No. 31900122-1 Amendment: CONSENT CALENDAR
Rolling Orange, Inc. for Additional Website Redesign Services April 11, 2023

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The website is a Strategic Plan Priority, advancing our goal to be a customer-focused organization that provides excellent, timely, easily accessible service and information to the community.

BACKGROUND
In February 2018, the City published Request for Proposal (RFP) No. 17-1118-C seeking a website redesign and new web content management system with secure, high- performance offsite hosting.

The City received twenty-five (25) responses. A multi-departmental team evaluated the proposals and conducted two rounds of interviews and software demonstrations. Rolling Orange was selected for the project after receiving the highest scores from both the evaluation team and other stakeholders who were invited to attend the demonstrations.

In October of 2018, by resolution No. 68,651-N.S., Council approved the City Manager to enter into a contract with Rolling Orange for Website Redesign, Web Content Management System and Support.

In early 2019, Rolling Orange began work with City staff to create a new website geared towards serving the community. In May, 2022, the City launched the new website.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The improvements in website ease-of-use and availability of online services helps reduce travel associated with on-site visits to City offices. The improved functionality of the website has increased the efficiency of internal processes by reducing paper-based processes resulting in an environmentally sound and cost-effective information technology infrastructure.

Additionally, moving the website from onsite to offsite hosting has reduced the City’s server and storage computing needs as well as ongoing maintenance needed to maintain the equipment. It also provides redundancy in case of a disaster such as earthquake, etc.

RATIONALE FOR RECOMMENDATION
Rolling Orange was selected in an RFP (No. 17-1118-C) by a cross departmental team as the best provider for Website Redesign, Web Content Management System and Support. Rolling Orange has provided excellent implementation services and continues to provide the same level of ongoing technical support.

ALTERNATIVE ACTIONS CONSIDERED
Alternative actions were not considered as Rolling Orange has provided an expert level of service and the City does not recommend proceeding without support.

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Contract No. 31900122-1 Amendment: CONSENT CALENDAR
Rolling Orange, Inc. for Additional Website Redesign Services April 11, 2023

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CONTACT PERSON
Kevin Fong, Director, Information Technology, 510-981-6541 Attachments:
1: Resolution

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RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 31900122-1 AMENDMENT: ROLLING ORANGE, INC. FOR WEBSITE

REDESIGN, WEB CONTENT MANAGEMENT SYSTEM (CMS), AND SUPPORT WHEREAS, on February 27, 2018, the City issued a Request for Proposals (RFP) for a website redesign and web content management system and received twenty-five qualifying vendor responses; and
WHEREAS, the RFP evaluation committee evaluated each proposal and determined that the Rolling Orange, Inc. proposal best met the City’s operational, technological, and fiscal requirements; and
WHEREAS, on October 30, 2018, by Resolution No. 68651-N.S., Council authorized the City Manager to execute a contract with Rolling Orange for Website Redesign, Web Content Management System and Support; and
WHEREAS, the City launched the new website in May of 2022; and WHEREAS, funding for the maintenance and support is available in Fiscal Year (FY) 2023 and 2024 IT Cost Allocation Fund, and spending in future years for this amendment is subject to Council approval of the proposed citywide budget and annual appropriation ordinances.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 31900122-1 with Rolling Orange, Inc. for website redesign and web content management system, increasing the amount by $105,000 for a total contract amount not to exceed $674,300 from March 1, 2019 to June 30, 2025.

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CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Donation: Memorial Bench at the Berkeley Marina in memory of Sophia Pritzos

RECOMMENDATION
Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Marina in memory of Sophia Pritzos.

FISCAL IMPACTS OF RECOMMENDATION
The value of a single bench and memorial plaque is $3,400, which covers the purchasing and installation costs performed by the City. The cash donation will be deposited into Parks Tax Fund donation revenue budget code 138-52-542-568-0000- 000-000-481110 and will be appropriated in FY2023 as part of the Second Amendment to the FY 2023 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
The family and friends of Sophia Pritzos, former City employee at the Berkeley Marina, wish to donate a memorial bench in their memory to be placed at the Berkeley Marina with a cash donation of $3,400. Per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation. The Director has determined that the proposed donation complies with the City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the donation, subject to Council approval.

BACKGROUND
Benches are placed throughout the City in accordance with the City’s Park Bench Donation Policy approved by Council on July 22, 2008 (Resolution No. 64,148-N.S.).

The City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166- N.S.)

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Donation: Memorial Bench at the Berkeley Marina – Sophia Pritzos CONSENT CALENDAR April 11, 2023

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ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACT
The City’s vendor for benches, Dumor, Inc., makes its priority to purchase only sustainably-harvested wood derived from stringently-regulated timber source locations, including California, Oregon, Washington and British Columbia. This policy reduces solid waste volumes in landfills, helps conserve natural resources and limits the environmental effects resulting from the extraction of virgin materials. The benches therefore comply with the City’s environmentally preferable purchasing policy, specifically section 3.7 Forest Conservation.

CONTACT PERSON
Alexandra Endress, Waterfront Manager, 510-981-6737
Attachments:
1: Resolution

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RESOLUTION NO. -N.S.

DONATION: MEMORIAL BENCH AT THE BERKELEY MARINA IN MEMORY OF

SOPHIA PRITZOS
WHEREAS, on July 22, 2008, Council adopted the Park Bench Donation Policy (Resolution No. 64,148-N.S.); and
WHEREAS, the City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166-N.S.); and
WHEREAS, the family and friends of Sophia Pritzos wish to donate a memorial bench in her memory to be placed at the Berkeley Marina with a cash donation of $3,400; and WHEREAS, per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation; and WHEREAS, the Director has determined that the proposed donation complies with City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the proposed donation; and
WHEREAS, the cash donation will be deposited into Marina Fund donation revenue budget code 608-52-544-591-0000-000-000-481110 and will be appropriated in FY 2023 as part of the Second Amendment to the FY 2023 Annual Appropriations Ordinance.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Marina in memory of Sophia Pritzos is hereby accepted.

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CONSENT CALENDAR
April 11, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation and Waterfront Subject: Lease Amendment: Cazadero Performing Arts Camp (CPAC), 5385 Cazadero Hwy, Cazadero, CA 95421

RECOMMENDATION
Adopt first reading of an Ordinance authorizing the City Manager to execute an amendment to a lease agreement with Cazadero Performing Arts Camp (CPAC), at 5385 Cazadero Hwy, Cazadero, CA 95421, for City to disburse up to $400,000 to tenant to implement capital improvements to satisfy City’s obligations under the lease.

FISCAL IMPACTS OF RECOMMENDATION
The total budget required to complete capital improvements that are the City’s obligation under the lease is approximately $400,000. In December 2020, Council included Cazadero projects in the Phase 2 list, authorizing the use of Measure T1 to fund these improvements. Funding in the amount of $400,000 is available in the Measure T1 Fund (Fund 511).

CURRENT SITUATION AND ITS EFFECTS
CPAC has been operating at the City-owned property at 5385 Cazadero Hwy, Cazadero, CA for the past 60 years. On December 1, 2020, Council adopted Ordinance No. 7,737-N.S., extending their lease term for 25 years, with one 10-year option. The lease identified $1.2 million in high priority capital improvements to be implemented over the first 10 years, with responsibility shared between the City and the tenant (see Exhibit B). The estimated value of the improvements for the tenant was approximately $800,000 and $400,000 for the City.

On December 15, 2020, Council adopted the final list of projects for implementation in Phase 2 of the Measure T1 Infrastructure Bond Program. The project list includes dining hall and ADA improvements at Cazadero Camp and the budget allocated is $400,000.

This amendment provides funds for CPAC to complete the City’s required improvements. Upon City’s approval, up to $300,000 will be advanced; the remaining $100,000 will be disbursed upon project completion. The City and tenant agree that this disbursement satisfies the City’s obligations towards capital improvements under the lease.

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Lease Amendment: Cazadero Performing Arts Camp (CPAC) CONSENT CALENDAR April 11, 2023

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BACKGROUND
The property at 5385 Cazadero Hwy, Cazadero, CA was acquired by the City in 1927.

From the 1930s to the 1950s, the property was used much like Echo Lake Camp and Tuolumne Camp to offer Berkeley residents recreational and family camp opportunities.

In 1959, Bob Lutt, Berkeley High Band Director, became the operator of the Camp, and started a music camp. The City maintained the facilities until 1978, when Prop 13 cut funding for recreation programs statewide, and the budget for the Camp was significantly stripped away. From 1979 through the 80s, the City leased the property to Camps Inc. During that period, the buildings significantly deteriorated.

In 1995, Berkeley-based non-profit CPAC negotiated the current 25-year lease agreement with the City. This transferred responsibility to the tenant to maintain and improve camp structures. Today the camp serves over 1,200 young musicians each year, ages 10-18, from across the Bay Area and beyond.

The rent is $45,000/year, increased annually based on CPI. CPAC will complete capital and ADA improvements to the property estimated at approximately $800,000 for the first 10 years, and will invest at similar levels in future years. Tenant will complete tree maintenance up to $15,000/year. Tenant will also offer $10,000-$20,000 in scholarships. Revenue from this lease will be deposited into the Camps Fund, budget code 330-5995-363.30-01.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This lease amendment with Cazadero Performing Arts Camp will enable the Camp to continue providing opportunities for Berkeley residents to engage in the natural environment.

RATIONALE FOR RECOMMENDATION
City and Tenant agree that the most cost-effective and timely way to complete the Cazadero Camp improvements is for Tenant to implement those improvements subject to approval and oversight by City.

CONTACT PERSON
Scott Ferris, Director, Parks, Recreation & Waterfront, 981-6711 Christina Erickson, Deputy Director, Parks, Recreation & Waterfront, 981-6703 Attachments:
1: Ordinance
Exhibit A: Lease Amendment

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Berkeley City CouncilApril 11, 2023

Berkeley City Council
April 11, 2023