Tuesday, July 11, 2023 ANNOTATED AGENDA Page 1
ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, July 11, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702
TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708
TELECONFERENCE LOCATION - 18315 RAY’S ROAD, CABIN 5, PHILO, CA 95466
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.
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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]
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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. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.
Tuesday, July 11, 2023 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 6:17 p.m.
Present: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin
Absent: Bartlett
Councilmember Bartlett present at 6:21 p.m.
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.
Report from Closed Session
The City Council met in closed session on July 10, 2023, pursuant to Government Code Sections 54956.9(a) and 54956.9(d)(1) and approved a settlement in the matter of Smith v. City of Berkeley, Alameda County Superior Court Case No. 22CV012424, in the amount of $240,000 in exchange for a release of all claims against the City.
Ceremonial Matters:
1. Adjourned in memory of Alan Goldfarb, former Berkeley City Councilmember City Manager Comments: None
Public Comment on Non-Agenda Matters: 9 speakers.
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 49 speakers.
Action: M/S/C (Arreguin/Hahn) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
Consent Calendar
Tuesday, July 11, 2023 ANNOTATED AGENDA Page 3
1. FY 2024 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
From: City Manager, City Manager
Recommendation: Adopt second reading of Ordinance No. 7,877-N.S. setting the FY 2024 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley at the rate of $0.06062 (6.062 cents) per square foot of improvements for dwelling units and setting the rate for all other property at $0.09173 (9.173 cents) per square foot of improvements.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, David Sprague, Fire, (510) 981- 3473
Action: Adopted second reading of Ordinance No. 7,877–N.S.
2. FY 2024 Special Tax Rate: Fund the Provision of Library Services From: City Manager, City Manager
Recommendation: Adopt second reading of Ordinance No. 7,878-N.S. setting the FY 2024 tax rate for funding the provision of Library Services in the City of Berkeley at $0.2698 (26.98 cents) per square foot for dwelling units and $0.4080 (40.80 cents) per square foot for industrial, commercial, and institutional buildings.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Tess Mayer, Library, (510) 981- 6100
Action: Adopted second reading of Ordinance No. 7,878–N.S.
3. FY 2024 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,879-N.S. adopting the FY 2024 Annual Appropriations Ordinance (AAO) in the amount of $728,631,293 (gross appropriations) and $621,229,929 (net appropriations).
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Adopted second reading of Ordinance No. 7,879–N.S.
Consent Calendar
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4. Adopting a temporary exemption from the collection of taxes under BMC Chapter 9.04.136(D): Tax Rate for Non-Medical and Medical Cannabis Businesses
From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Humbert (Co- Sponsor)
Recommendation: Adopt second reading of Ordinance No. 7,880-N.S. adopting a temporary exemption (per 9.04.136(D)) on the collection of the taxes for all non- medical and medical cannabis businesses, retroactive to January 2023 and ending July 2025; Waive any late penalties that may have accrued since January 2023; any and all tax payments already made to the City for Q1 2023 will apply as a credit against a future tax or fee payment to the City.
First Reding Vote: All Ayes.
Financial Implications: Loss of tax revenue
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Adopted second reading of Ordinance No. 7,880–N.S.
5. Encampment Resolution Funding Grant Award
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to receive a $4,931,058 Encampment Resolution Funding Round 2 grant award from the State of California, and to enter into contract and all necessary amendments with the State of California resulting from this funding.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,940–N.S.
6. Urgency Ordinance for Leasing the Real Property at 1619 University Avenue From: City Manager
Recommendation: Adopt an Urgency Ordinance to enter into a lease for the real property located at 1619 University Avenue, Berkeley for a term of 60 months.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted urgency Ordinance No. 7,881–N.S.
7. Contract: Insight Housing (formerly Berkeley Food and Housing Project) to operate interim housing at the Super 8
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and all necessary amendments with Berkeley Food and Housing Project to operate an interim housing program at the Super 8 Motel (1619 University Ave.) in an amount not to exceed $7,295,635 for the period of August 1, 2023 to July 31, 2028
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,941–N.S.
Consent Calendar
Tuesday, July 11, 2023 ANNOTATED AGENDA Page 5
8. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on July 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: Various Funds - $482,500
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.
9. Contract: Strategic Economics and Street Level Advisors for Affordable Housing Requirements Economic Feasibility Analysis
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with Strategic Economics as a Contractor and Street Level Advisors as a subcontractor, to conduct an Economic Feasibility Analysis of the Affordable Housing Requirements for the Department of Health, Housing, and Community Services (HHCS) from July 15, 2023 to July 15, 2024 in an amount not to exceed $150,000.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,942–N.S.
10. Contract No. 32300134 Amendment: Bonita House for Specialized Care Unit Provider
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to amend Contract No. 32300134 with Bonita House to add $68,000 of Mental Health Services Act (MHSA) funding for the Specialized Care Unit for a not- to-exceed total of $4,568,000.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,943–N.S.
11. Contract No. 321001100 Amendment: JotForm, Inc. for a HIPAA Compliant Platform to Support Clinical Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32100110 and any subsequent amendments or extensions with the JotForm, Inc. by adding $53,424, bringing the contract total to an amount not to exceed $109,218 and extending the end date through May 12, 2026.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,944–N.S.
Consent Calendar
Tuesday, July 11, 2023 ANNOTATED AGENDA Page 6
12. California Department of Housing and Community Development (HCD) Prohousing Designation Program Application
From: City Manager
Recommendation: Adopt a Resolution authorizing the City of Berkeley’s application to and participation in the California Department of Housing and Community Development (HCD) Prohousing Designation Program.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,945–N.S.
13. Contract No. 32000226 Amendment: MidAmerica Administrative & Retirement Solutions, Third Party Administrator for SRIP I Disability, and Health Reimbursement Accounts for Retiree Health Premium Assistance Plan Reimbursements, and Police Employees Retiree Income Plan From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment to Contract No. 32000226 with MidAmerica Administrative & Retirement Solutions for administration of the SRIP I Disability, Retiree Health Premium Assistance Plan (RHPAP) Health Reimbursement Account (HRA), and Police Employees Retiree Income Plans (PERIP) for the period covering January 1, 2021 through December 31, 2025, for a total cost not to exceed $233,736.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,946–N.S.
14. Contract No. 32300158 Amendment: AppleOne Employment Services for Temporary Staffing Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300158 with AppleOne Employment Services for temporary staffing services, to cover the period February 1, 2023 to June 30, 2025, for a total cost not to exceed $750,000.
Financial Implications: Various Funds - $750,000
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,947–N.S.
Consent Calendar
Tuesday, July 11, 2023 ANNOTATED AGENDA Page 7
15. Revisions to the Unrepresented Employee Manual
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute changes to the Unrepresented Employee Manual that (1) effectuates merit raises for employees on salary ranges on their anniversary date in their current classification; (2) aligns vacation accrual, longevity pay rates, vacation sell-back policies, and a certification differential for the Fire Chief, the Police Chief, and their deputies with the corresponding provisions of the Memoranda of Understanding with the Berkeley Fire Fighters Association and the Berkeley Police Association; and (3) includes Accounting Office Specialists III among the classifications that qualify for the City Manager Department Differential.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,948–N.S.
16. Supplemental Military Leave Compensation Policy
From: City Manager
Recommendation: Adopt a Resolution extending Resolution No. 63,646-N.S. to offer the City’s supplemental military leave compensation benefit retroactively from June 1, 2019 to June 30, 2025 to provide additional wages to supplement an employee’s military pay and allowances for a period not to exceed two (2) years that must be taken within 36 months of the leave request for employees called up to involuntary active military service. To receive the retroactive payment the employee must have been employed with the City of Berkeley at the time of active duty and remained employed with the City of Berkeley at the time of payment.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,949–N.S.
17. Accepting grant funds from the Alameda County Transportation Commission for the Berkeley Pier Water Transportation / Ferry Project From: City Manager
Recommendation: Adopt a Resolution accepting the Alameda County Transportation Commission grant allocation for the Berkeley Pier Water Transportation/ Ferry Project in the amount of $5,138,685, confirming the City’s commitment to the Alameda County Transportation Commission grant requirements, and authorizing the City Manager to execute the associated grant agreement and amendments.
Financial Implications: Grant Revenue - $5,138,685
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,950–N.S.
Consent Calendar
Tuesday, July 11, 2023 ANNOTATED AGENDA Page 8
18. Contract No. 32000188 Amendment: GSI Environmental Inc. for On-Call Environmental Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000188 with GSI Environmental Inc. for on-call environmental consulting services to increase the contract amount by $75,000 for a new not to exceed amount of $225,000 and extend the contract term from December 20, 2023 to June 30, 2025.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,951–N.S.
19. Contract No. 32300022 Amendment: Public Safety Family Counseling Group Inc. for Additional Critical Incident Stress Management (CISM), Education and Counseling Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300022 with Public Safety Family Counseling Group Inc. to provide additional CISM Peer Support Team support, education and counselling services, for a total amount not to exceed $150,000 for a total contract amount not to exceed $200,000, and extending the term through June 30, 2026.
Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 70,952–N.S.
20. Conduct a Study on the City’s History of Discriminatory Actions in Housing Policies/Programs
From: Housing Advisory Commission
Recommendation: Conduct a study that is comprehensive of the following actions: - Document the city of Berkeley’s past discriminatory actions in housing policies and programs that adversely impacted the Black community and its ability to remain and grow in the city, build inter-generational wealth, and fully realize the benefits of homeownership; -Inform future housing policy and program development and implementation to address these historic discriminatory practices; and -Provide data and information about historic discriminatory housing policies and programs in support of the city’s on-going reparations work. -Select community organization(s) as partners in the study to ensure a comprehensive community engagement process that documents lived experiences and local history so that lessons learned from those experiences can inform future housing policies and programs.
Financial Implications: See report
Contact: Mike Uberti, Commission Secretary, (510) 981-7400 Action: Approved recommendation and referred to the budget process (Annual Appropriations Ordinance No. 1) to identify funding for the cost of the study.
Council Consent Items
Tuesday, July 11, 2023 ANNOTATED AGENDA Page 9
21. Berkeley Housing Authority Board of Commissioners Re-Appointments From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution re-appointing Alexandria Thomas-Rodriguez, Max Levine and Ali Kashani to the Berkeley Housing Authority Board of Commissioners.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,953–N.S.
22. Support Rooftop Solar and Battery Storage for Multifamily Housing and Schools
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution in support of viable Virtual Net Energy Metering (VNEM) and Net Energy Metering Aggregation (NEM-A) tariffs. Submit a copy of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, Assemblymember Buffy Wicks, and members of the California Public Utilities Commission Board (CPUC).
Financial Implications: Staff time
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Councilmember Harrison added as a co-sponsor. Adopted Resolution No. 70,954–N.S.
23. Relinquishment of Council Office Budget Funds for Chavez/Huerta Tribute Site From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of up to $5,000 from Mayor Arreguín, and any other Councilmembers, to the Kala Art Institute, the fiscal sponsor for the Chavez/Huerta Tribute Site, with funds relinquished from the City’s General Fund for the purpose of hiring of grounds keepers and providing the resources needed for the maintenance of the Chavez/Huerta Tribute Site, from the discretionary Council Office Budgets of Mayor Arreguín and any other Councilmembers who would like to contribute.
Financial Implications: $5,000 – Mayor’s Discretionary Fund Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,955–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Mayor Arreguin - $5,000; Councilmember Wengraf - $250; Councilmember Humbert - $250; Councilmember Bartlett - $250; Councilmember Robinson - $150; Councilmember Taplin - $250; Councilmember Hahn - $200; Councilmember Kesarwani - $100.
Council Consent Items
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24. Excused Absence for Vice Mayor Ben Bartlett
From: Mayor Arreguin (Author)
Recommendation: Excuse Vice Mayor Ben Bartlett from the June 6, 2023 Council meeting as a result of an illness of a close family member who needed immediate care.
Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Approved recommendation.
25. Berkeley Humane: Bark (& Meow) Around the Block: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds From: Councilmember Taplin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Humbert (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of council office budget funds, including $500 from Councilmember Taplin, to support the Bark (& Meow) Around the Block adoption event hosted by Berkeley Humane, with funds relinquished to the City’s general fund.
Financial Implications: $500 – Councilmember’s Discretionary Fund Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmember Bartlett added as a co-sponsor. Adopted Resolution No. 70,956–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Wengraf - $250; Councilmember Humbert - $250; Councilmember Bartlett - $200; Councilmember Robinson - $150; Councilmember Hahn - $250; Councilmember Harrison - $250.
26. Berkeley High School All Class Reunion: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds From: Councilmember Taplin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of council office budget funds, including $500 from Councilmember Taplin, to support the Berkeley High School All Class Reunion Committee (BHS ACRC) by way of its fiscal sponsor, the Berkeley Public Schools Fund, with funds relinquished to the City’s general fund.
Financial Implications: $500 – Councilmember’s Discretionary Fund Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Adopted Resolution No. 70,957–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Robinson - $150; Councilmember Hahn - $500.
Council Consent Items
Tuesday, July 11, 2023 ANNOTATED AGENDA Page 11
27. Resolution for unionized employees of REI
From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Harrison (Co-Sponsor) Councilmember Kesarwani (Co- Sponsor)
Recommendation: Adopt a Resolution of Support for the unionized employees of Recreational Equipment, Inc. (REI) in Berkeley, California that instructs REI to live up to its values, by ceasing to withhold the 2022 “Summit Pay”, and bargain in good faith.
Financial Implications: None
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Adopted Resolution No. 70,958–N.S.
28. Relinquishment of Council Office Budget Funds and Co-Sponsorship of the César Chávez Dolores Huerta Tribute Site Curriculum Project From: Councilmember Harrison (Author), Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a resolution approving an expenditure of D13 funds and cosponsorship of the César Chávez/Dolores Huerta Tribute Site Curriculum Project, with $250 relinquished to the City’s general fund for this purpose each from Mayor Arreguín’s and Councilmember Harrison’s discretionary Council Office Budget Funds, and from any other Councilmembers who would like to contribute.
Financial Implications: $250 – Councilmembers’ Discretionary Fund Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 70,959–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Mayor Arreguin - $250; Councilmember Harrison - $250; Councilmember Wengraf - $250; Councilmember Bartlett - $200; Councilmember Robinson - $150; Councilmember Taplin - $250; Councilmember Hahn - $200; Councilmember Kesarwani - $100.
29. Resolution Opposing Tokyo Electric Power Company and the Government of Japan’s Planned Discharge of Wastewater from Fukushima Daiichi Nuclear Power Plant into the Pacific Ocean
From: Councilmember Harrison (Author)
Recommendation: Adopt a Resolution opposing Tokyo Electric Power Company (TEPCO) and the government of Japan’s plan to discharge wastewater from Fukushima Daiichi Nuclear Power Plant into the Pacific Ocean and send copies of this resolution to Secretary Blinken, Senator Dianne Feinstein, Senator Alex Padilla, and Representative Barbara Lee.
Financial Implications: Staff time
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: No action taken.
Vote: Ayes – Taplin, Bartlett, Harrison, Hahn; Noes – None; Abstain – Kesarwani, Wengraf, Robinson, Humbert; Arreguin; Absent – None.
Recess 8:54 p.m. – 9:09 p.m.
Action Calendar – Public Hearings
Tuesday, July 11, 2023 ANNOTATED AGENDA Page 12
30. Zoning Ordinance Amendments to Title 23 of the Berkeley Municipal Code to Conform to State Law, and Make Non-Substantive Technical Edits From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt the first reading of an Ordinance amending the following sections of the Zoning Ordinance to match State law relating to special needs housing (including supportive and transitional housing, emergency shelter, navigation center), employment housing, and family day care, and to make technical edits, corrections and other non- substantive amendments:
-23.202.020 Allowed Land Uses (Residential Districts)
-23.202.110 R-4 Multi-Family Residential District
-23.204.020 Allowed Land Uses (Commercial Districts)
-23.204.040 Use Specific Regulations (Commercial Districts) -23.204.060 C-U University Commercial District
-23.206.020 Allowed Land Uses and Permit Requirements (Manufacturing Districts) -23.206.040 Use Specific Regulations (Manufacturing Districts) -23.206.050 Protected Industrial Uses
-23.206.080 MU-LI Mixed Use-Light Industrial District (Land Use Regulations) -23.302.070 Use-Specific Regulations (Supplemental Use Regulations) -23.304.030 Setbacks
-23.304.040 Building Separation in Residential Districts -23.308.020 Applicability and Nonconformities (Emergency Shelters) -23.308.030 Standards for Emergency Shelters
-23.324 Nonconforming Uses, Structures, and Buildings
-23.324.010 Chapter Purpose
-23.324.050 Nonconforming Structures and Buildings
-23.502.020 Glossary
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/Taplin) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Arreguin/Robinson) to adopt first reading of Ordinance No. 7,882– N.S. Second reading scheduled for July 25, 2023.
Vote: All Ayes.
Action Calendar – New Business
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31. Staff Shortages: City Services Constrained by Staff Retention Challenges and Delayed Hiring
From: Auditor
Recommendation: We recommend City Council request that the City Manager report back by January 2024, and every six months thereafter, regarding the status of our audit recommendations until reported fully implemented. Some of our recommendations include: establish retention goals and conduct an analysis of staff needed for city operations and services; consider staff capacity around new legislation; take steps to improve employee satisfaction; identify opportunities for efficiency in the hiring process, and modernize its recruiting process; expand the telework policy to align with best practices; and regularly collect data on employee satisfaction and on diversity, equity, inclusion, and accessibility.
Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: 14 speakers. Supplemental material in Supplemental Communications Packet #2 from the City Auditor deemed received. M/S/C (Arreguin/Harrison) to approve the item.
Vote: All Ayes.
Action: M/S/Failed (Arreguin/Hahn) to suspend the rules and extend the meeting to 11:30 p.m.
Vote: Ayes – Bartlett, Harrison, Hahn, Robinson, Arreguin; Noes – Kesarwani, Taplin, Wengraf, Humbert; Abstain – None; Absent – None.
Action: M/S/Carried (Arreguin/Harrison) to suspend the rules and extend the meeting to 11:15 p.m.
Vote: All Ayes.
Action: M/S/Carried (Humbert/Arreguin) to suspend the rules and extend the meeting to 11:30 p.m.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Wengraf, Robinson, Humbert, Arreguin; Noes – None; Abstain – Harrison, Hahn; Absent – None.
32. Referral Response: Affordable Housing Preference Policy for Rental Housing Created Through the Below Market Rate and Housing Trust Fund Programs From: City Manager
Recommendation: Adopt a Resolution to create an Affordable Housing Preference Policy applicable to new residential housing units created via the Below Market-Rate (BMR) and the Housing Trust Fund (HTF) programs consistent with Fair Housing law and government funder approvals, and direct the City Manager to adopt guidelines to administer the Housing Preference Policy.
Financial Implications: See report.
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Moved to the Consent Calendar. Adopted Resolution No. 70,960–N.S.
Action Calendar – New Business
Tuesday, July 11, 2023 ANNOTATED AGENDA Page 14
33. Adoption - Civic Center Phase II - Design Concept
From: City Manager
Recommendation: Adopt a Resolution approving Berkeley’s Civic Center Design Concept Plan, and declaring Council’s intention to support the preferred design concept and necessary future studies and projects articulated in the plan.
Financial Implications: See report.
Contact: Liam Garland, Public Works, (510) 981-6300
Action: M/S/C (Arreguin/Wengraf) to refer Item 33, including the revised material in Supplemental Communications Packet #1 from City Manager’s Office, to the Agenda & Rules Committee for scheduling.
Vote: All Ayes.
Council Action Items
34. Dedicated Public Comment Time for City of Berkeley Unions From: Councilmember Hahn (Author), Mayor Arreguin (Co-Sponsor) Recommendation: Adopt a Resolution (Attachment 3 + Exhibits A and B to the report) revising the City Council Rules of Procedure and Order: Section IV. Conduct of the Meeting to:
1. Create a period of public comment reserved for officially designated representatives of City of Berkeley employee unions, immediately following the existing initial ten-minute period of public comment on non-agenda items.
2. Rescind Resolution No. 70,725–N.S.
Financial Implications: None
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: 7 speakers. The material in Supplemental Communications Packet #2 from Councilmember Humbert was withdrawn by the author. M/S/C (Arreguin/Harrison) to adopt Resolution No. 70,961–N.S.
Vote: All Ayes.
Council Action Items
Tuesday, July 11, 2023 ANNOTATED AGENDA Page 15
35. De-Prioritizing the enforcement of laws imposing criminal penalties for Entheogenic/Psychedelic plants and fungi for personal use (Reviewed by the Health, Life Enrichment, Equity, & Community Committee) From: Health, Life Enrichment, Equity & Community Committee Recommendation: Approve the Resolution presented and passed with a qualified positive recommendation at the June 12, 2023 meeting of the Health, Life Enrichment, Equity & Community Committee (Attachment 1), in lieu of the Resolutions provided in the originally referred item and by the Community Health Commission.
Policy Committee Recommendation: to send the item to Council with a qualified positive recommendation to approve the Resolution in the form and as amended by the committee. There is no “mark-up” of the CHC resolution because what the Committee decided to pass is a full rewrite.
Financial Implications: None
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150, Ben Bartlett, Councilmember, District 3, (510) 981-7130, Mark Humbert, Councilmember, District 8, (510) 981-7180
Action: Moved to the Consent Calendar. Adopted Resolution No. 70,962–N.S. as recommended by the Health, Life Enrichment, Equity & Community Committee and revised in Supplemental Communications Packet #1 from Councilmember Hahn.
Information Reports
36. Annual Report on Landmarks Preservation Commission (LPC) Actions From: Landmarks Preservation Commission
Contact: Fatema Crane, Commission Secretary, (510) 981-7400 Action: Received and filed.
37. City Auditor Fiscal Year 2024 Audit Plan
From: Auditor
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Received and filed.
Public Comment – Items Not Listed on the Agenda - 5 speakers.
Adjournment
Adjourned at 11:30 p.m.
Communications
Item #18: Staff Shortages: City Services Constrained by Staff Retention Challenges and Delayed Hiring
1. Steven Lipson
2. Councilmember Hahn
Tuesday, July 11, 2023 ANNOTATED AGENDA Page 16
Item #29: Adoption - Civic Center Phase II - Design Concept
3. Jennifer Lovvron, Civic Arts Commission Secretary
4. Jack Kurzweil
5. Diana Bohn
6. Stephen Most
7. Juliet Lamont and Phil Price
8. Tom and Jane Kelly
9. Rachel Katz
10. Steven Finacom
11. Erin Biehm
Hopkins Corridor – Repave and/or Bike Lanes
12. Kester Allen
13. Janet Stromberg
14. David Brandon
15. Kathleen Haberer
16. Kevin Jones
17. David Socholitzky
18. Ernesto
19. Kori Kody
20. Jose Arau
21. Marguerite Lee
22. Trarie Kottkamp
23. Lily Liang
24. Verna Winters
25. Constance Anderson
26. Jeffrey Kaplan
27. Susan Taylor
28. Matthew Skinner
29. Theresa Malki
30. David Coolidge
31. Shirley Kirsten
32. Amber Crowley
33. Barbara Gilbert
34. Meryl Siegal
35. Jennifer Winch
36. Jeanne Allan
37. Barbara Englis
38. Peggy Radel
39. Marguerite Tompkins
40. Sheridan Pauker
41. Michael Frantz
42. Rachel Bradley
43. Isabelle Gaston
44. Jan Woo
45. Dahlia Armon
46. Jean Weininger
Tuesday, July 11, 2023 ANNOTATED AGENDA Page 17
47. Renate Crocker
48. Paul Elmore
49. Jacqueline Wilson
50. Susan DeMersseman
51. Justin Kao
52. Dan Alpert
53. Katherine de Runtz
54. Catherine Ryan
55. Steven and Judy Lipson
56. Ernie Mansfield
57. Kay Englund
58. Helen Toy
59. Eric
60. Melanie O’Hare
61. Ilyse Gordis
62. Constance Rivemale
63. Janice Murota
64. Rachel Hope Crossman
65. Stephen Wood
66. Ann Campbell
67. Janice Hamer
68. Jeanne Friedman
69. Zara Ortiz
70. Gar Smith
71. Joan Garvin
72. Richard Tamm
73. Grace Munakata
74. George and Wendy Draper
75. Friends of Hopkins Street
76. John Hitchen
77. Jessica Livingston
78. Timothy Ross
79. Kim Markison
80. Fiona Baker
81. Margret Leventhal
82. Pamela Zelnik
83. Shirley Kirsten
84. Bruce Chamberlain
85. Soleil Taylor
86. Jonah Gollub
87. Shirley Kirsten
88. AJ Romano
89. Bill Hackman
90. Cindi And Howard Goldberg
Fire Department Consultant Report
Tuesday, July 11, 2023 ANNOTATED AGENDA Page 18
91. Michael Wilson (2)
92. Liza Lutzker, on behalf of Walk Bike Berkeley
93. Stephen Dalton
Natural Gas Ban
94. John Caner, on behalf of the Downtown Berkeley Association
Horse Deaths
95. Nancy Veerhusenb
96. Christopher Kroll
97. Acacia Schmidt
98. TC Conrad
Celebrating Susan Felix
99. Toby Furash
Unhoused Toileting Letter
100. Friends of Five Creeks
Fully Fund African American Holistic Resource Center
101. Boona Cheema
Kudo’s for the Fire Department
102. L.J. Cranmer
Rent Board Billing Errors
103. Morris
Healthy 4 Change Health Conference
104. Ayanna Davis, on behalf of Healthy Black Families
“Read Banned Books”
105. Todd Andrew
106. Aimee Reeder, on behalf of the Berkeley Public Library
1740 San Pablo Multifamily Housing Program
107. Rachel Durney, NorCal Development, BRIDGE
Overhead Utility Wires
108. Maria Riddle
Automated License Plate Readers
109. Elana Auerbach
110. Diana Bohn
Surveillance Cameras
Tuesday, July 11, 2023 ANNOTATED AGENDA Page 19
111. Toni Mester
City Dysfunction
112. Bob Flasher
St. Paul AME Church and Ephesian Church of God Applying for Funding 113. Norma Thompson, on behalf for Community Housing Development Corporation
Help Business’ Get Off the Ground
114. Geoff Lomax
Fireworks in South Berkeley
115. Pamela Michaud (3)
116. Mike Kim
My Tenant’s Rights Stolen by City of Berkeley
117. Deborah Black
Transphobia in Berkeley and Albany
118. Kirstyn Russell and Melissa Neal
Asking for Help from the Mayor and Council
119. Benjamin Stein
URL’s Only
120. Vivian Warkentin (3)
Supplemental Communications and Reports 1
Item #4: Adopting a temporary exemption from the collection of taxes under BMC Chapter 9.04.136(D): Tax Rate for Non-Medical and Medical Cannabis Businesses 121. Fran Haselsteiner
122. John Rice
Item #29: Resolution Opposing Tokyo Electric Power Company and the Government of Japan’s Planned Discharge of Wastewater from Fukushima Daiichi Nuclear Power Plant into the Pacific Ocean
123. Phoebe Anne Sorgen
124. Mico Malecki
Item #33: Adoption – Civic Center Phase II – Design Concept 125. Revised material, submitted by the Office of Economic Development 126. Mike Vanderman
127. Charlene Woodcock
128. Sally Hughes
129. Diana Bohn
Tuesday, July 11, 2023 ANNOTATED AGENDA Page 20
Item #35: De-Prioritizing the enforcement of laws imposing criminal penalties for Entheogenic/Psychedelic plants and fungi for personal use 130. Supplemental material, submitted by Councilmember Hahn Supplemental Communications and Reports 2
Item #29: Resolution Opposing Tokyo Electric Power Company and the Government of Japan’s Planned Discharge of Wastewater from Fukushima Daiichi Nuclear Power Plant into the Pacific Ocean
131. Seaver Wang, on behalf of The Breakthrough Institute 132. Diane Bohn
133. Miya Sommers
Item #31: Staff Shortages: City Services Constrained by Staff Retention Challenges and Delayed Hiring
134. Supplemental material, submitted by the City Auditor Item #32: Referral Response: Affordable Housing Preference Policy for Rental Housing Created Through the Below Market Rate and Housing Trust Fund Programs 135. Carole Marasovic
Item #33: Adoption – Civic Center Phase II – Design Concept 136. Chase Hommeyer
137. Michael Weber
138. Miranda Ewell
139. Ruth Morgan
140. Summer Brenner
141. Drew Goetting, on behalf of Restoration Design Group 142. Ann Harlow
143. Stefen
144. Sylvia Soriano
145. Mary Price
146. Irene Rice
147. Fredrica Drotos
148. Dick and Mariko Eastman
149. Carolyn Shoulders
150. Tom Miller
151. Sheila Himmel
152. Bernard Marszalek
153. Sally Nelson
154. Stephen Most
155. Margot Cunningham
156. Jennifer Ware
157. Kathleen Giustino
158. Toni Mester
159. Nancy Schimmel
160. Charles Enchill
Item #34: Dedicated Public Comment Time for City of Berkeley Unions
Tuesday, July 11, 2023 ANNOTATED AGENDA Page 21
161. Supplemental material, submitted by Councilmember Humbert Item #35: De-Prioritizing the enforcement of laws imposing criminal penalties for Entheogenic/Psychedelic plants and fungi for personal use 162. Camille MacDonald
163. Fran Haselsteiner
164. Clifton Ross
165. Karen Armstead
Supplemental Communications and Reports 3
Item #7: Contract: Insight Housing (formerly Berkeley Food and Housing Project) to operate interim housing at the Super 8
166. Steve Lipson
Item #28: Relinquishment of Council Office Budget Funds and Co-Sponsorship of the Cesar Chavez Dolores Huerta Tribute Site Curriculum Project 167. Beatriz Leyva-Cutler and Santiago Casal
Item #29: Resolution Opposing Tokyo Electric Power Company and the Government of Japan’s Planned Discharge of Wastewater from Fukushima Daiichi Nuclear Power Plant into the Pacific Ocean
168. Tsukuru Fors
169. Phoebe Thomas Sorgen
170. David McGuire
171. Torrance Carroll
172. Bindu Desai
173. Eva Frye
174. Yuka Saito
175. Laura Feldman
176. Linda Roman
177. Liz Taylor
178. Jacqueline Cabasso, on behalf of Western States Legal Foundation 179. Eri Tomita
180. Heiko Hasegawa
181. Desiree McGill
Item #30: Zoning Ordinance Amendments to Title 23 of the Berkeley municipal Code to Conform to State Law, and Make Non-Substantive Technical Edits 182. Presentation, submitted by Planning and Development Item #31: Staff Shortages: City Services Constrained by Staff Retention Challenges and Delayed Hiring
183. Presentation, submitted by the Auditor
184. Presentation, submitted by the City Manager
Tuesday, July 11, 2023 ANNOTATED AGENDA Page 22
Item #32: Referral Response: Affordable Housing Preference Policy for Rental Housing Created Through the Below Market Rate and Housing Trust Fund Programs 185. Derethia DuVal
Item #33: Adoption – Civic Center Phase II – Design Concept 186. Linda Currie
187. Beth Lamont
188. Diane Ross-Leech
189. Kelly Hammargren
190. Tom Kelly
191. Kathleen Giustino
192. Erin Diehm
193. Andra Mitchell
194. Jack Kurzweil
Item #35: De-Prioritizing the enforcement of laws imposing criminal penalties for Entheogenic/Psychedelic plants and fungi for personal use 195. Isabelle Gaston
Miscellaneous Communications
196. Mr. Eid