Berkeley City Council
November 7, 2023

Tuesday, November 7, 2023 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, November 7, 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:

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 UR L: https://cityofberkeley- info.zoomgov.com/j/1609523217. 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: Di al 1-669-254-5252 or 1 -833-568-8864 (Toll Free) and enter Meeting ID: 160 952 3217. 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 record ed 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. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Tuesday, November 7, 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 impor tance 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.

Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.

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 Co uncil will vote on the items remaining on the Consent Calendar in one motion.

Consent Calendar
Tuesday, November 7, 2023 AGENDA Page 3
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 spe ak again at the time the matter is taken up during the Action Calendar.

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 public 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 September 11 (special closed), September 12 (regular), September 18 (special closed), September 19 (regular), September 26 (special closed and special), October 2 (special closed), October 3 (regular) and October 10 (special closed, special and regular).

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

2. Police Accountability Board – Appointment of New Member From: City Manager
Recommendation: Adopt a Resolution appointing a new member to the Police Accountability Board nominated by Councilmember Kesarwani.

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

3. Grant-Funded Expenditure Contract with O2X Human Performance to Hire a Behavioral Health and Nutritional Health Specialist in Support of NFPA 1582 and 1583
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with O2X Human Performance to provide full-time behavioral and nutritional health services for the Berkeley Fire Department) for a two (2) year contract period that starts November 8, 2023, and ends on November 8, 2025, in an amount not to exceed $840,000 with the option to extend two (2) additional years via FEMA’s amendment process to November 8, 2027.

Financial Implications: FEMA Fund - $840,000
Contact: David Sprague, Fire, (510) 981-3473

Consent Calendar
Tuesday, November 7, 2023 AGENDA Page 4

4. Purchase Order: Water Tender from Golden State Fire Apparatus, Inc.

From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order with Golden State Fire Apparatus, Inc in an amount not to exceed $504,110 for the purchase of 3,000-gallon water tender to support the City’s efforts improve its capacity to respond to wildfire.

Financial Implications: Measure Q - $504,110
Contact: David Sprague, Fire, (510) 981-3473

5. Appointment of Interim Health Officer
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager to appoint Dr. Anju Goel, M.D., as the Interim Health Officer for the City of Berkeley.

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

6. Reallocation of Unspent FY 2023 Child Care Subsidy Funding From: City Manager
Recommendation: Adopt three resolutions authorizing the City Manager or her designee to reallocate $232,362 in unspent child care subsidy funds awarded through the FY 2020 community agency contract process and amend three existing contracts by increasing their contract limits for the period beginning July 1, 2023 and ending June 30, 2024 by $77,454 per agency, as follows: BAHIA, Inc. (from $82,143 to $159,597); Ephesian Children’s Center (from $45,507 to $122,961); and Nia House (from $39,999 to $117,453).

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

7. Northern California Land Trust – 2321 Tenth Street Housing Trust Fund Reservation
From: City Manager
Recommendation: Adopt a Resolution: 1. Reserving an additional $1,703,585 in Housing Trust Fund program funds for a development loan for Northern California Land Trust (NCLT)’s 2321-2323 Tenth Street and: a) waiving Sections I.A.1 and IV.C.1 of the Housing Trust Fund Guidelines; b) applying the Small Sites Program standards to the project’s development and operating budgets; and c) requiring partial repayment of the loan through the energy efficiency rebates NCLT pursues. 2.

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

Consent Calendar
Tuesday, November 7, 2023 AGENDA Page 5

8. Resolution of Intention to Amend the Miscellaneous CalPERS Contract Pursuant to California Government Code Section 20516 to Reduce the Additional Cost Share Contribution Made by Unrepresented Employees on Behalf of the City
From: City Manager
Recommendation: Adopt the Resolution of Intention to eliminate the additional cost share contribution made by Unrepresented Employees, who are classified as Public Employees Pension Reform Act (PEPRA) members of the California Public Employees’ Retirement System (CalPERS), on behalf of the City to CalPERS pursuant to California Government Code Section 20516.

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

9. Appointment of Tanir Ami to the Board of Library Trustees From: City Manager
Recommendation: Adopt a Resolution appointing Tanir Ami to the Board of Library Trustees (“BOLT”) for a term of four years beginning November 8, 2023.

Financial Implications: None
Contact: Tess Mayer, Library, (510) 981-6100

10. Audit Recommendation Status - Data Analysis of the City of Berkeley’s Police Response (Reviewed by the Public Safety Committee)
From: City Manager
Recommendation: See policy committee recommendation.

Policy Committee Recommendation: Send the item to Council with a positive recommendation.

Financial Implications: None
Contact: Jennifer Louis, Police, (510) 981-5900
Council Consent Items

11. United Against Hate Week 2023
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation:

1. Adopt a Resolution declaring November 12th – 18th, 2023 as United Against Hate Week.

2. Adopt a Resolution approving the D-13 expenditure in an amount not to exceed $500 per Councilmember, to support the cost associated with the Berkeley event at the UC Theatre. The total cost is $3,000.

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

Council Consent Items
Tuesday, November 7, 2023 AGENDA Page 6

12. Berkeley Holiday Fund: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Mayor Arreguin to the Berkeley Holiday Fund’s annual campaign 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: Mayor's Discretionary Fund - $500 Contact: Jesse Arreguin, Mayor, (510) 981-7100

13. Budget Referral: Supplemental Funding for Housing Retention Program From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Robinson (Co-Sponsor), Councilmember Wengraf (Co- Sponsor)
Recommendation: Refer $1,000,000 from Measure P tax receipts to the Fiscal Year 2024 AAO1 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.

Financial Implications: Measure P Fund - $1,000,000
Contact: Jesse Arreguin, Mayor, (510) 981-7100

14. Transgender Awareness Month and Day of Remembrance Resolution From: Councilmember Taplin (Author), Councilmember Kesarwani (Co- Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a resolution declaring November as Transgender Awareness Month and November 20 as Transgender Day of Remembrance in the City of Berkeley.

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

15. Budget Referral: Refer $6,000 to the November 2023 AAO #1 for Two Pilot Special Mentoring and Violence Prevention Events for Berkeley Youth From: Councilmember Harrison (Author), Councilmember Taplin (Co-Sponsor) Recommendation: Refer $6,000 to the November AAO #1 to fund two pilot special mentoring and violence prevention events for Berkeley youth as organized by the Berkeley Jr. Jackets and the Young Lives Matter Foundation.

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

Council Consent Items
Tuesday, November 7, 2023 AGENDA Page 7

16. Budget Referral: Refer $800,000 to the November 2023 AAO #1 for Matching Funds to Repair Eight Deficient Tide Tubes to Avoid Catastrophic Structural Failure and Escalating Construction Costs
From: Councilmember Harrison (Author)
Recommendation: Refer $800,000 to the November 2023 AAO #1 to repair eight deficient tide tubes to avoid catastrophic structural and transportation failure, escalating construction costs, certain climate and sea level rise impacts, and further environmental catastrophe by providing the Parks, Recreation & Waterfront Department matching funds for a Federal Highway Administration (FHWA) PROTECT or other available grants.

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

17. Resolution Supporting Efforts to Exonerate the Port Chicago 50 From: Councilmember Hahn (Author), Mayor Arreguin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Taplin (Co-Sponsor) Recommendation: Adopt a new resolution supporting local, State, and federal efforts to exonerate the Port Chicago 50; 50 Black sailors who were wrongfully convicted of mutiny during WWII in the wake of a massive, devastating explosion at the Port Chicago naval base near Concord, CA.

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

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. S peakers 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 – New Business
Tuesday, November 7, 2023 AGENDA Page 8

18. Initiative Petition – Initiative Ordinance Prohibiting Concentrated Animal Feeding Operations in the City of Berkeley
From: City Manager
Recommendation:

1. Take action on the initiative petition to:
a) Adopt the provisions of the measure without alteration. -OR-
b) Adopt a Resolution submitting the measure, without alteration, to a vote of the people at the November 5, 2024 General Municipal Election. 2) Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

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

19. Pursuant to Chapter 2.99 of the Berkeley Municipal Code Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, Unmanned Aerial Vehicles (UAV’s), the Street Level Imagery Project, and External Fixed Surveillance Video Cameras
From: City Manager
Recommendation: Pursuant to Chapter 2.99 of the Berkeley Municipal Code Adopt a Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, Unmanned Aerial Vehicles (UAV’s), the Street Level Imagery Project, and External Fixed Surveillance Video Cameras.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900, Liam Garland, Public Works, (510) 981-6300

Action Calendar – New Business
Tuesday, November 7, 2023 AGENDA Page 9

20. Recommendation on Climate, Building Electrification, and Sustainable Transportation Budget Priorities for Fiscal Year 2023 and 2024 (Reviewed by the Budget & Finance Committee)
From: Energy Commission
Recommendation: The Energy Commission recommends that the Berkeley City Council prioritize and include in the City’s budget for the Fiscal Years Ending (FYE) 2023 and 2024 several staff positions, pilot projects, investments in electric vehicles and charging infrastructure, and other measures to ensure that the City’s budget is aligned with and provides adequate and needed funding to implement the City’s adopted Climate Action Plan, Electric Mobility Roadmap, Building Emissions Saving Ordinance, 2019 ban on gas in new construction, and the Existing Buildings Electrification Strategy.

Policy Committee Recommendation: to send the item to the City Council with a qualified positive recommendation, and that the Council consider the following:

1. Planning Department’s request to continue funding the position of Green Building Program Manager.

2. Specific recommendations in the item around integrating low carbon mobility into the Street Maintenance budget.

3. For the one-time funded pilot programs and positions, assess their effectiveness and consider on-going funding.

4. Direction to staff to look at grant opportunities, in particular the Federal Inflation Reduction Act, to create charging infrastructure particularly at the Zero Waste Facility as the transfer station is being rebuilt.

Financial Implications: See report
Contact: Billi Romain, Commission Secretary, (510) 981-7400

21a. Referral of Two Health Educator Positions to the COB FY 2024 Budget Process (Reviewed by the Budget & Finance Committee)
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.

Policy Committee Recommendation: To send the commission item and companion report to the City Council with a negative recommendation, express thanks to the Peace and Justice Commission for their work, and recognize that there is a need for community- and school-based public health outreach, and that the City should consider the recommendation after the completion of the community health assessment.

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

Action Calendar – New Business
Tuesday, November 7, 2023 AGENDA Page 10
21b. Companion Report: Referral of two health educator positions to the COB FY 2024 budget process (Reviewed by the Budget & Finance Committee 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.

Policy Committee Recommendation: To send the commission item and companion report to the City Council with a negative recommendation, express thanks to the Peace and Justice Commission for their work, and recognize that there is a need for community- and school-based public health outreach, and that the City should consider the recommendation after the completion of the community health assessment.

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

Information Reports

22. Audit Recommendation Status - Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900

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 a pprove (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 tha t 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 communications 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 Departme nt located on

Tuesday, November 7, 2023 AGENDA Page 11
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:

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 scents, 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 age nda 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 October 26, 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.

North Berkeley BART Development

1. 28 similarly-worded form letter

2. Jason Knox

3. Cheryl Brewster

Tuesday, November 7, 2023 AGENDA Page 12

4. Lea Barrow

5. Alison Teal

6. Leif Brown

7. Leah Levy

8. Harald Leventhal

9. Anne Boersma

10. Tawny Reynolds

11. Rachel Bradley

12. Michael Roche

13. Toni Casal

14. Joan Hamilton

15. Charlene Woodcock

16. Carol Hirth

17. Kitt Saginor

18. Elizabeth Willson

19. D.E. Neyhart

20. David Socholitzky

21. David Rice

22. Rebecca Olmsted

23. Scott Selmanoff

24. Gary Parsons

25. North Berkeley Neighborhood Alliance

26. Meave O’Connor

27. Kathleen Tuttle

28. Miranda Ewell

29. Sara Cohn

30. Lynda Caesara

31. Kori Kody

32. Leslie Valas

33. Yuval

34. Karl Goldstein

35. Meryl Siegal

36. Gerald Morrison

37. Melanie Lawrence & John Smail

38. Laura Raboff

39. Jennifer King

40. Constance Rivemale

41. Aimee Baldwin

42. Julieta Pisani McCarthy

43. Eileen Hughes

44. Gary Dahl

45. Lois Cantor

46. Tamara Birdsall

47. David Meyer

48. David Benaroya Helfant

49. Gerry Tierney

Tuesday, November 7, 2023 AGENDA Page 13

50. T. Anne Richards

51. Cece Littlepage

52. Jay Harlow

53. Phil Allen

54. Joel Myerson

55. Theresa Gensler

56. Mary Rose

57. Leigh Lightfoot

58. Victoria Eisen (2)

59. Mark Schirmer

60. Raymond Barglow

61. David Brandon

62. Jill Bond

63. Walter Wood

64. Karen Dabrusin

65. Susie Wallenstein

66. Jason Warriner

67. The-Anh Cao

68. Doris Nassiry

69. Mary Behm-Steinberg

70. Virginia Browming

71. Walter Wood

72. Sarah Bell

73. Jeff Baker

74. Phil Allen

Crime

75. Durgesh Srivastava

76. Vivek Dua

77. Aravind & Shalini Kulkarni

78. Benjamin Stein

79. Paula Torbush

Encampments

80. John Caner, on behalf of the Downtown Berkeley Association

81. Joshua Jacobs, Homeless Services Coordinator

82. Ann Murray, on behalf of Revival Restaurant

83. Barbara Rydlander

84. Aimee Baldwin

85. Sabyl Landrum, on behalf of East Bay Community Law Center

86. Acacia Schmidt

87. Chris Schalis

88. Meryl Siegal

89. Mary Behm Steinberg

90. Vianney, on behalf of Extra Space Storage

Tuesday, November 7, 2023 AGENDA Page 14
Horses at Golden Gate Fields

91. TC Conrad (2)

92. Franziska Marks

93. Janine Baer

94. Pam Singer

95. Samantha Eachus

96. Jill Winter

97. Christopher Kroll (2)

98. Linda Berland
Miyawaki Forest

99. Rose Schweig
URL’s Only
100. Vivian Warkentin (6)
Golden Bear
101. Lamar Esquire McKinze
Chess Club
102. Sally Sommer
103. Amy
104. Jonah Gottlieb
105. Diana Bohn
106. Chess Club, Berkeley
Repave Hopkins
107. Kay Englund
108. Carol Hirth
109. Lisa Chow
110. Chris Hamilton
111. Doug Giancoli
112. Laura Fuji
113. Michael Frantz
114. Edward Opton
115. Marguerite Lee
BUSD Concerns
116. Mati Teiblum (3)
117. Claudia Eyzaguirre
118. Enikia Ford Morthel (2)
Smoke Free Multi-Unit Housing
119. Carol Denney
SEIU 1021
120. Andrea Mullarkey

Tuesday, November 7, 2023 AGENDA Page 15
121. Dee Williams-Ridley, City Manager

UC Berkeley Campus
122. Shreya Korlipara
123. Guillermo Aguilar Gonzalez

Bio Labs
124. Sandra Smith

Waterfront Specific Plan
125. Beverley Spencer
126. Gordon Stout
127. Grant Thompson
128. Caitlin Lempres Brostrom

Tenant Opportunity to Purchase Act (TOPA)
129. 13 similarly-worded form letters

Housing
130. Cecelia Mautner
131. Todd Andrew

EBMUD Repair
132. Jason Dearborn
133. Councilmember Harrison

Global Concerns
134. Janice Schroeder

Extreme Fire Weather
135. Todd Andrew (2)
136. Chief David Sprague

Heat Advisory
137. Dee Williams-Ridley, City Manager

Berkeley Community Media
138. David Flores

Pedestrians and Bicyclists
139. Leni Siegel
140. Shirley Kirsten
141. Margot Smith & George Porter

Observation of Shattuck Avenue
142. Virginia Kamp

Tuesday, November 7, 2023 AGENDA Page 16

Longfellow Construction
143. Noelle Burrill

Noise Standards
144. Anne Whyte (2)
145. Rachel Hope Crossman

Local Union 342
146. Jessica Hattich, on behalf of Business Representative, Tim Knight

Accessory Dwelling Units (ADU)
147. David Shere
148. Kathleen Frumkin
149. Cynthia Larson

Neighbor Complaints
150. Harrod Blank
151. Ileen Dunman

Dogs on Leash Signage
152. Mallory Johnson

Berkeley Theatre’s
153. Kathleen Bolton
154. Charlene M. Woodcock

51B Bus Rapid Transit
155. Liam Laubach

Resignation from the Civic Arts Commission
156. Rafael Jesus Gonzalez

Public Transit
157. Barbara Gilbert (2)

Parking
158. Joe Matera
159. Zhong Tran

Tibetan Association of Northern California Luncheon
160. Tenzin Tsering

Prime Roots Event
161. Sonia Rodrigues

Tuesday, November 7, 2023 AGENDA Page 17
Agents of Influence Pilot
162. Anahita Dalmia

Senior Resource Fair
163. Joann Sullivan

Play Café’s Showcase of New Musicals
164. Jamie Greenblatt

Strawberry Creek
165. Kathy Farley

People’s Park
166. Russell Bates

Fire Safety
167. Maris Arnold

Business Plan for Mingling Premier Entertainment, Inc
168. Eye Candy
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.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

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
November 7, 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 September 11 (special closed), September 12 (regular), September 18 (special closed), September 19 (regular), September 26 (special closed and special), October 2 (special closed), October 3 (regular) and October 10 (special closed, special and regular).

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

1. September 11, 2023 – Special Closed Council Meeting

2. September 12, 2023 – Regular Council Meeting

3. September 18, 2023 – Special Closed Council Meeting

4. September 19, 2023 – Regular Council Meeting

5. September 26, 2023 – Special Closed Council Meeting

6. September 26, 2023 – Special Council Meeting

7. October 2, 2023 – Special Closed Council Meeting

8. October 3, 2023 – Regular Council Meeting

9. October 10, 2023 – Special Closed Council Meeting

10.October 10, 2023 – Special Council Meeting

11.October 10, 2023 – Regular Council Meeting

Monday, September 11, 2023 Minutes Page 1

M I N U T E S

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
MONDAY, SEPTEMBER 11, 2023
3:00 P.M.
2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 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.

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/1613787641. 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: 161 378 7641. 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.

Monday, September 11, 2023 Minutes Page 2
Preliminary Matters
Roll Call: 3:04 p.m.

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

Absent: Kesarwani, Bartlett
Public Comment - Limited to items on this agenda only – 1 speaker CLOSED SESSION:

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

1. 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, Dawud Brewer, Employee Relations Manager, Jonathan Holtzman, Renne Public Law Group.

Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F., Berkeley Fire Fighters Association, Local 1227 I.A.F.F. / Berkeley Chief Fire Officers Association; Berkeley Police Association; SEIU 1021 Community Services and Part-time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, PEU Local 1, Unrepresented Employees Action: No reportable action taken.

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957(b):
a. Title of position to be evaluated: City Attorney
Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

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

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

Adjourned at 5:31 p.m.

Monday, September 11, 2023 Minutes Page 3
I hereby certify that the foregoing is a true and correct record of the closed session meeting held on September 11, 2023.
_______________________
Mark Numainville, City Clerk

Tuesday, September 12, 2023 Minutes Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, September 12, 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:

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/1606796328.

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: 160 679 6328.

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. 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, September 12, 2023 Page 2
Preliminary Matters
Roll Call: 6:07 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: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

1. Pledge of Allegiance to the Flag

2. Recognition of Yali’s Café, Ike’s Love and Sandwiches, and Lox Stock & Bagel for offering healthier food and beverage choices
City Manager Comments: None
Public Comment on Non-Agenda Matters: 13 speakers.

Public Comment by Employee Unions (first regular meeting of the month): None Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 13 speakers.

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

Vote: All Ayes.

1. Contract: Downtown Berkeley YMCA for Fitness Center Memberships for City Employees
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $130,176 for fitness center memberships for City employees for the period July 1, 2023 through June 30, 2024.

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

Adopted Resolution No. 71,016–N.S.

Recess Items
Tuesday, September 12, 2023 Minutes Page 3

2. Contract No. 32200058 Amendment: ACI Payments, Inc for Recreation Online Registration System Credit Card Transaction Processing Fees From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager to execute an amendment to Contract No. 32200058 with ACI Payments, Inc (ACI) increasing the contract amount by $35,000 for a total not to exceed amount of $185,000.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,017–N.S.

3. Stipend for Echo Lake Camp Staff
From: City Manager
Recommendation: Adopt a Resolution approving up to a $500/week stipend for certain Echo Lake Camp daily-rated staff working in the summer of 2023, starting July 30, 2023.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,018–N.S.

4. Contract No. 100692-4 Amendment: Serological Research Institute for DNA Testing Services
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 100692-4 and any necessary future amendments with Serological Research Institute (SERI) for the Police Department, increasing the contract amount by $1,000,000 for a total not to exceed amount of $3,000,000 while the contract expiration will remain June 30, 2025.

Financial Implications: State Proposition 172 Fund - $1,000,000 Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,019–N.S.

5. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of July 10 (special closed), July 11 (regular), July 18 (special), July 24 (special closed and special) and July 25 (special and regular).

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

Consent Calendar
Tuesday, September 12, 2023 Minutes Page 4

6. Establish 2024 City Council Meeting Schedule
From: City Manager
Recommendation: Adopt a Resolution establishing the City Council regular meeting schedule for 2024, with starting times of 6:00 p.m.

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,020–N.S.

7. Police Accountability Board – Appointment of New Member From: City Manager
Recommendation: Adopt a Resolution appointing a new member to the Police Accountability Board nominated by Councilmember Humbert.

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,021–N.S.

8. Contract: NetFile for Online Campaign Report, Public Financing, and Form 700 Filing and Tracking
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Westcoast Online Information Systems, Inc. dba NetFile for an amount not to exceed $170,700 for the period October 1, 2023 through September 30, 2028 for online campaign report, public financing, and Form 700 filing, processing, web posting, and tracking.

Financial Implications: General Fund - $170,700
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,022–N.S.

9. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 12, 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: Varous Funds - $9,990,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

Consent Calendar
Tuesday, September 12, 2023 Minutes Page 5

10. Contract: Swifthawk LLC for Project Management & Consulting From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Swifthawk, LLC to provide project management and consulting services for the Fire Department from August 7, 2023 to August 31, 2025 in an amount not to exceed $600,000.

Financial Implications: Measure FF Fund - $600,000
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,023–N.S.

11. Contract No. 32300094 Amendment: Restoration Family Counseling Center for Counseling, Education and Support
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300094 for Counseling, Education and Support for the Fire Department (Department); with Restoration Family Counseling Center Inc. (RFCC), increasing the total contract amount from $80,000 to $308,000.

Financial Implications: Various Funds - $228,000
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,024–N.S.

12. Accept Future of Public Health Funds from the State of California From: City Manager
Recommendation: Adopt a Resolution authorizing the City manager to submit grant agreements to the State of California, to accept the grants, and to execute any resultant revenue agreements and amendments for the Future of Public Health program for an amount of $912,213 for each of the following: Fiscal Year 2024, Fiscal Year 2025, and Fiscal Year 2026.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,025–N.S.

13. Taxi Scrip Redemption Window Cash Drawer Increase
From: City Manager
Recommendation: Adopt a Resolution authorizing City Manager or her designee to increase the cash drawer amount for the weekly Taxi Scrip Redemption window from $15,000 to $20,000.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,026–N.S.

Consent Calendar
Tuesday, September 12, 2023 Minutes Page 6

14. Contract: The Housing Workshop for Social Housing Models & Market Analysis From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with The Housing Workshop to provide policy model research and market analysis to inform social housing initiatives for the Department of Health, Housing, and Community Services (HHCS) from September 13, 2023 to September 13, 2024 in an amount not to exceed $175,000.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,027–N.S.

15. Expenditure Contract: Persimmony International for Electronic Medi-Cal Administrative Activities and Targeted Case Management Documentation From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an expenditure agreement, and any amendments or extensions, with Persimmony International for ongoing system maintenance of web-based Medi- Cal Administrative Activities (MAA) time study documentation, and Targeted Case Management (TCM) documentation. The contract will be in an encumbered amount of $289,011 for the period July 1, 2023 through June 30, 2027.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,028–N.S.

16. Contract No. 31900009 Amendment: Building Opportunities for Self-Sufficiency (BOSS) for McKinley House (2111 McKinley Avenue, Berkeley, CA 94703) From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900009 with Building Opportunities for Self-Sufficiency (BOSS) through November 1, 2025, adding $287,712 for a total contract amount of $945,424, to fund Mental Health clients living at 2111 McKinley Avenue in Berkeley. This will extend the contract by two years.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,029–N.S.

17. Contract: Sensis, Inc. for Recruitment and Marketing Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Sensis, Inc. for recruitment and marketing services, in an amount not to exceed $250,000 over two years: $125,000 in the first year, with an option to renew for a second year for an additional $125,000.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,030–N.S.

Consent Calendar
Tuesday, September 12, 2023 Minutes Page 7

18. Establish Classification and Salary Range – Lactation Counselor From: City Manager
Recommendation: Adopt a Resolution establishing the unrepresented classification of Lactation Counselor with an hourly salary range of $41.1351 - $50.0000, and an annual salary range of $85,561.0080 - $104,000.00, in order to utilize grant funding to employ an International Board Certified Lactation Consultant (IBCLC) who will oversee the City’s Breastfeeding Peer Counselor Program and provide additional public health services to the City of Berkeley community.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,031–N.S.

19. Revise Classification and Salary Range – Paramedic
From: City Manager
Recommendation: Adopt a Resolution revising the classification of Paramedic to an hourly salary range of $30.00-$40.00 per hour (currently $30.00-$45.00 per hour) to offset unanticipated budgetary impacts due to overtime. This recommendation and proposed Resolution follow Council consideration of this item in Closed Session on July 24, 2023.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,032–N.S.

20. Memorandum of Understanding: Berkeley Police Association From: City Manager
Recommendation: Adopt a Resolution 1) approving a successor Memorandum of Understanding (hereafter referred to as “MOU”) with the Berkeley Police Association (hereafter referred to as the “Union”) for a three-year term from July 1, 2023 through June 30, 2026 and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new MOU and to make non- substantive edits to the format and language of the MOU in alignment with the tentative agreement, and conforming to legal requirements; and 2) approving a new Classification and Salary table for Representation Units E and F that implement the salary adjustments reflected in the new MOU and supersede Resolution No. 69,965,- N.S. The terms of the proposed 2023-2026 MOU are within the parameters of authority approved by Council in closed session. The proposals were ratified by the Union following a three-day vote that concluded on August 14, 2023.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,033–N.S. as revised in Supplemental Communications Packet #2 from the City Manager.

Consent Calendar
Tuesday, September 12, 2023 Minutes Page 8

21. Grant Applications: Bipartisan Infrastructure Law (BIL) and State Funds For Six City Infrastructure Improvement Projects
From: City Manager
Recommendation: Adopt six Resolutions authorizing the City Manager or her designee to submit grant applications to six federal (BIL) and state-funded competitive grant programs for City Infrastructure improvement projects; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the projects and appropriation of funding for related expenses, subject to securing the grants.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,034–N.S. (Berkeley Waterfront University Ave Shoreline), Resolution No. 71,035–N.S. (Interstate 80 and Aquatic Park Lagoon), Resolution No. 71,036–N.S. (West Berkeley and Aquatic Park Lagoon), Resolution No. 71,037–N.S. (Santa Fe Railroad Track to Park), Resolution No. 71,038–N.S. (Martin Luther King, Jr. Youth Services Center), and Resolution No. 71,039–N.S. (South Berkeley Senior Center).

22. Utility Easement: Bolivar Drive – East Bay Municipal Utility District From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing and directing the City Manager to convey a utility easement to the East Bay Municipal Utility District along Bolivar Drive at Aquatic Park.

Financial Implications: None
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopt first reading of Ordinance No. 7,883–N.S. as revised in Supplemental Communications Packet #2 by the City Manager. Second reading scheduled for October 3, 2023.

23. Serving inclement weather needs, RV dwellers, and other vehicle dwellers through the Encampment Mobile Mental Health Wellness Team, as is feasible, within parameters of the state-approved project plan
From: Homeless Services Panel of Experts
Recommendation: That Council refer to staff to include providing services to meet inclement weather needs of the unhoused and provide services to RV, and other vehicle, dwellers, as is feasible, within the parameters of the state-approved plan.

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

Consent Calendar
Tuesday, September 12, 2023 Minutes Page 9

24. Authorization for an Additional Homeless Services Panel of Experts meeting in October 2023
From: Homeless Services Panel of Experts
Recommendation: Adopt a Resolution authorizing one additional meeting of the Homeless Services Panel of Experts in October 2023, which would restore one general meeting given that 3 special meetings were otherwise used to address Measure P allocations.

Financial Implications: See report
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400 Action: Adopted Resolution No. 71,040–N.S.
25a. Accommodating Client Literacy and Cognitive Challenges in Community Agency Allocation Funding Process as to Homeless Providers From: Homeless Services Panel of Experts
Recommendation: That Council refer to staff to include in the community agency allocation funding RFP a question to homeless services providers as to how homeless services providers plan to accommodate clients with literacy and cognitive challenges.

Financial Implications: See report
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400 Action: See action for Item 25b.
25b. Companion Report: Accommodating Client Literacy and Cognitive Challenges in Community Agency Allocation Funding Process as to Homeless Providers From: City Manager
Recommendation: Take no action on the Homeless Services Panel of Experts’ recommendation, as staff have already included in the community agency allocation funding Request for Proposals (RFP) a question to homeless services providers as to how they plan to accommodate clients with literacy and cognitive challenges.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Approved recommendation in Item 25b.

Council Consent Items

26. Appoint Ayanna Davis to the Berkeley Housing Authority Board From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution appointing Ayanna Davis to serve on the Berkeley Housing Authority Board of Commissioners for a four-year term.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,041–N.S.

Council Consent Items
Tuesday, September 12, 2023 Minutes Page 10

27. Excused Absence for Councilmember Kate Harrison
From: Mayor Arreguin (Author)
Recommendation: Excuse Councilmember Kate Harrison from the September 19, 2023 Council meeting as a result of attending to official business of the City.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Approved recommendation.

28. Letter to State Legislators Regarding San Pablo Park Pool Project From: Councilmember Taplin (Author), Councilmember Robinson (Co- Sponsor)
Recommendation: Send a letter to the requesting state budget allocations for capital improvements at San Pablo Park including the Frances Albrier Community Center and San Pablo Park Pool.

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

Council Consent Items
Tuesday, September 12, 2023 Minutes Page 11

29. 51B BRT + University/Shattuck Corridor Mobility Improvements (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee)
From: Councilmember Taplin (Author), Councilmember Robinson (Co- Sponsor), Councilmember Humbert (Co-Sponsor)
Recommendation:

1. Refer to the City Manager commencement of a feasibility analysis and community engagement process to develop options for the implementation of Bus Rapid Transit (BRT) improvements along AC Transit’s 51B route; options are to be developed in tandem with internal city departments, including Public Works, Fire, Police Traffic Unit, and Economic Development, and interagency partners, including AC Transit, the Alameda County Transportation Commission, BART, Caltrans, UC Berkeley, and WETA; community engagement is to emphasize students, transportation advocates, transit riders, the disability rights community, the faith community, the senior community, local merchants, the business community, the arts community, and tenants; consultation with AC Transit and UC Berkeley Bear Transit on planning, scoping, and implementation is to begin as soon as possible; staff are encouraged to explore and pursue quick build improvements.

2. Refer $150,000 to the FY 2024-2025 budget process to increase the budget for the city’s ADA Transition Plan capital project to prioritize and implement ADA improvements at the city’s intersections, such as curb cuts, auditory functions of crossing signals, bulb-outs, shortening crossing distances, and other safety improvements.

3. Refer $150,000 to the FY 2025-2026 budget process for consulting costs to conduct corridor studies along University Avenue, from Seawall Drive, to Oxford Street, and along Oxford Street and Fulton Street, from Virginia Street to Durant Avenue, to identify appropriate road safety improvements that advance city-adopted safety, transportation, and climate goals and are continuous with work currently underway on the Addison Bicycle Boulevard, and explore improvements for curb management, i.e. accessible parking (blue curbs), management of curb space for third party delivery service, etc.

Policy Committee Recommendation: To forward the item to Council with a positive recommendation.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation as recommended by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee.

Council Consent Items
Tuesday, September 12, 2023 Minutes Page 12

30. Budget Referral: Refer $100,000 to the FY 23 and FY 24 AAO #1 to beautify Vacant Storefronts in Berkeley Commercial Districts
From: Councilmember Harrison (Author)
Recommendation: Refer $100,000 to the FY 23 and FY 24 AAO #1 to help fund art or district branding vinyl window graphics on vacant storefronts in Berkeley Commercial Districts to beautify our Commercial Districts. The fund would be administered by the Downtown Berkeley Association on behalf of all Commercial Districts, and would reimburse property owners for 50% of the entire cost of the project: 1. Artist fee; 2. Costs associated with non-commercial printed material that is ideally non-plastic (may be vinyl if no alternative exists); 3. Installation of non- commercial window graphics
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Approved recommendation.

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

31. Budget Referral: Miyawaki “Pocket Forest” Pilot Program to Support Carbon Sequestration, Biodiversity, Cooling, Noise Reduction, Health, and Equity From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor) Recommendation: Refer to the November 2023 Budget Process $140,000 to fund staffing, materials, and consultants for a Miyawaki Pocket Forest Pilot Project, including the planting of two pocket forests on City of Berkeley sites, preferably in areas most impacted by poor air quality, and a report to Council on opportunities and funding for a broader Citywide Miyawaki Forest program. Should November 2023 funding not be available, refer to subsequent budget processes for consideration.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Mayor Arreguin added as a co-sponsor. Approved recommendation including supplemental material in Supplemental Communications Packet #1 from Councilmember Hahn, further amended to include consideration of the Here/There site as a potential pilot site. Supplemental material removes co-sponsor.

Council Action Items
Tuesday, September 12, 2023 Minutes Page 13

32. Designating Open Space Adjacent to and in Front of Old Berkeley City Hall as a Linear City Park Pursuant to BMC 6.42
From: Councilmember Harrison (Author)
Recommendation: Adopt a resolution designating open space in front of Old City Hall as linear City park space and formally dedicate this site for permanent recreational use pursuant to BMC 6.42.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Moved to Consent Calendar. Adopted Resolution No. 71,042–N.S. with an amended resolved clause as written below and including the Council Report as Exhibit A to the resolution.

NOW THERFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Berkeley-owned open space and land adjacent to and in front of Old City Hall is designated as an official part of City park land and infrastructure. This includes the land identified in the greyed box on page 2 of the council report, attached hereto as Exhibit A, which is the area between the buildings and right of way excluding the area that is subject to a lease between the County and City of Berkeley.

Information Calendar

33. LPO NOD: 60 Panoramic Way, #LMIN2023-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

34. LPO NOD: 1960 San Antonio Avenue/645 Arlington Avenue, #LMSAP2022-0005 From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

35. LPO NOD: 803 Delaware Street, LMSAP2023-0002
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 0 speakers.

Tuesday, September 12, 2023 Minutes Page 14
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.

Councilmember Hahn absent 8:25 p.m. – 8:27 p.m.

Adjourned at 8:27 p.m.

I hereby certify that the forgoing is a true and correct record of the regular meeting held on September 12, 2023.
_________________________
Mark Numainville, City Clerk
Communications
Item #29: 51 BRT + University/Shattuck Corridor Mobility Improvements

1. Bike East Bay

2. Raul Maldonado
Berkeley Crime

3. Anthony Felli, Regional Vice President, Skates on the Bay (2)

4. Nina Lyons

5. Pamela Michaud

6. Benjamin Stein

7. Peter Radu

8. Colleen McCann

9. Mike Kim

10.Nina Lyons

11.Diana Rossi

12.Peter Horsemann

13.Linda Laskowski

14.Teresa Clarke

15.Melissa Little

16.Rebecca Thomas

17.Ryan Kidd

18.Joshua Bloom

19.Shok Saidmuradov

20.Shannon Holloway

21.Peter Hosemann
Automated License Plate Readers (ALPR)

22.Emily Benner

23.Laura Lake Gediman

24.Alex Merenkov

Tuesday, September 12, 2023 Minutes Page 15

25.Rosemarie Klems

26.Katie Johnson

27.Isaac Dietz

28.Mary S.

29.Rosa Perez
Daylight Strawberry Creek/Civic Center Park

30.Jessica Hall

31.Juliet Lamont and Phil Price

32.Diana Bohn

33.Jennifer Ware

34.Stacie Degeneffe

35.Summer Brenner
BART Transit Oriented Development and Parking

36.John Hitchen

37.Barbara Flasher

38.Michai Freeman

39.Markus Feyh

40.Chris Watters

41.Mikayla Fussman

42.Nat Kane

43.Peter Waller

44.Christine Goldin

45.Marija Hillis

46.Peggy Scott
2720 Hillegass/Willard Clubhouse

47.Julie Obbard

48.Alex Stec
Housing

49.Aimee Baldwin (3)

50.Meryl Siegal
Reforest Berkeley

51.Glenn Alex

52.Ruby Lee

53.Mike Vandeman
Shellmound

54.Sophia DeWitt, on behalf of East Bay Housing Organizations Fukushima

55.Richard Tamm

Communications
Tuesday, September 12, 2023 Minutes Page 16

56.Francine Cavaliere

57.Dawn DelMonte (2)

58.Sally Nelson

59.Bjorn Fox

60.Nori Hudson

61.Jose Arau

62.Juli Dickey

63.Jose Franklin Arau
3050 College Avenue

64.Janet Miller (2)
Help Shape the Library’s Strategic Plan

65.Aimee Reeder
Lawrence Hall Neighborhood Issues

66.Emily Starr
Berkeley’s Business Districts

67.Jack Kurzweil
Racial Injustices

68.Aimee Baldwin
Public Works Transportation Division

69.Hamid Mostowfi, Transportation and Infrastructure Commission Co-Secretary Bio Labs

70.Steve Shmanske

71.Sandina Robbins
People’s Park

72.Tobey Wiebe

73.Rod Gutierrez
Here/There Now Fence

74.Mike Kim

75.Nicole Sullivan
Berkeley Police Department Investigation

76.Diana Bohn

77.Mary Behm-Steinberg

78.Janie Schroeder (2)

79.Tobey Wiebe

80.Nathan Mizell

Communications
Tuesday, September 12, 2023 Minutes Page 17
Fire Danger

81.Susan Nunes

82.Councilmember Hahn
Cell Antennas

83.Stephanie Thomas

84.Constance Anderson

85.Phoebe Thomas Sorgen
Encampment at 8th & Harrison

86.Yesica Prado (3)

87.Peter Radu, Neighborhood Services, City Manager’s Office Appoint Police Chief Louis

88.Marvin Snow
Secondhand Smoke

89.Carol Denney

90.Rebecca Day-Rodriguez, on behalf of Health, Housing & Community Services Mortgage Relief Program

91.Carole Marasovic
Rental Inspection Program Proposal

92.Christopher La Combe
Virginia/Oxford Intersection

93.Theo Posselt
Fire Inspection Bill

94.Jane Kitchel
Youth Representation on the Environmental and Climate Commission

95.Kristen Anderson
Roots Near Sidewalk and Curb

96.Barry Horwitz
New City Manager

97.Carol Denney
Battery Recycling

98.David Lerman
Conflict of Interest/Trying to Find Children

99.Lavell Young

Communications
Tuesday, September 12, 2023 Minutes Page 18
Golden Gate Horse Racing
100. Jim Renella
Homelessness
101. Eric Friedman
102. Aimee Baldwin
Cub Scout Requirement
103. Jason Hertenstein
Ohlone Greenway
104. Howard Goldberg (2)
105. Cindi Goldberg
106. Lisa Chow
107. Mary Behm-Steinberg
108. Eric Cheng
New Apartments and Business’
109. Steven Schuyler
Star Alliance
110. Peter Bruce DuMont (2)
Oakland International Airport Public Review
111. Port of Oakland
Fire Ready Fest
112. Berkeley Fire Department (2)
#DiscoveredinBerkeley – Squishy Robots
113. Liz Redman, on behalf of the Office of Economic Development Current State of the City of Berkeley
114. Assal Sharifi
Jr. Jackets Football Support
115. Eric Friedman
Request for Action – Police Budget, Building Heights, etcetera’s 116. Dan.auten@
URL’s Only
117. Vivian Warkentin (8)
118. [email protected]
Supplemental Communications and Reports 1

Tuesday, September 12, 2023 Minutes Page 19
Item #29: 51 BRT + University/Shattuck Corridor Mobility Improvements 119. Raul Maldonado, East Bay YIMBY Lead
120. Kiaran Katyal-Tan
121. Chuck Siegel, on behalf of Walk Bike Berkeley
122. 5 similarly-worded form letters
Item #31: Budget Referral: Miyawaki “Pocket Forest” Pilot Program to Support Carbon Sequestration, Biodiversity, Cooling, Noise Reduction, Health, and Equity 123. Supplemental material, submitted by Councilmember Hahn Item #32: Designating Open Space Adjacent to and in Front of Old Berkeley City Hall as a Linear City Park Pursuant to BMC 6.42
124. Isabelle Gaston
125. Carol Hirth
Supplemental Communications and Reports 2
Item #4: Contract No. 100692-4 Amendment: Serological Research Institute for DNA Test Services
126. Elana Auerbach
Item #20: Memorandum of Understanding: Berkeley Police Association 127. Supplemental material, submitted by Human Resources Item #22: Utility Easement: Bolivar Drive – East Bay Municipal Utility District 128. Revised material, submitted by Parks, Recreation and Waterfront Item #29: 51 BRT + University/Shattuck Corridor Mobility Improvements 129. Eric Johnson
130. Mary Ann Furda
131. Tawny Reynolds
132. Phyllis Orrick
133. Mario Valadez
134. Alfred Twu
135. Lee Bishop
136. 12 similarly-worded form letters
Item #32: Designating Open Space Adjacent to and in Front of Old Berkeley City Hall as a Linear City Park Pursuant to BMC 6.42
137. Marsha Feinland
138. Paola Laverde
139. Max Ventura
140. Jean Tepperman
141. Erika Shore
142. Marian Wolfe
143. Carole Cool
144. Susana Porte
145. Summer Brenner
146. Gael Alcock

Tuesday, September 12, 2023 Minutes Page 20
147. Miranda Ewell
148. Jane White
149. Rachel Katz
150. Stephen Most
151. Laura Galligan
152. Cate Leger
153. Helga Recke
154. William Pettus
155. Sally Nelson
Supplemental Communications and Reports 3
Item #4: Contract No. 100692-4 Amendment: Serological Research Institute for DNA Test Services
156. Elana Auerbach
Item #28: Letter to State Legislators Regarding San Pablo Park Pool Project 157. Claudia Kawczynska
158. Cameron Woo
Item #29: 51 BRT + University/Shattuck Corridor Mobility Improvements 159. Melinda Howard-Herrarte, on behalf of the Sierra Club 160. Alden Mudge
161. Councilmember Humbert
162. Maulin Chokshi
163. Igor Tregub, on behalf of the Alameda County Democratic Party 164. Sean Gibson
165. 14 similarly-worded form letters
Item #30: Budget Referral: Refer $100,000 to the FY 23 and FY 24 AAO #1 to beautify Vacant Storefronts in Berkeley Commercial Districts 166. Steve Kromer
Item #31: Budget Referral: Miyawaki “Pocket Forest” Pilot Program to Support Carbon Sequestration, Biodiversity, Cooling, Noise Reduction, Health and Equity 167. Daniel Gluesenkamp, on behalf of California Institute for Biodiversity 168. Jess Login and students, Malcolm X Elementary School 169. Hazel Copithorne
170. Lola Leeman
171. Ivan Fisher
Item #32: Designating Open Space Adjacent to and in Front of Old Berkeley City Hall as a Linear City Park Pursuant to BMC 6.42
172. Virginia Warheit
173. Pamela Drake
174. Diana Bohn
175. Erin Diehm
176. Juliet Lamont and Phil Price
177. Harvey Smith

Tuesday, September 12, 2023 Minutes Page 21
178. Janet Levenson
179. Deborah Green
Miscellaneous Communications
180. Mr. Eid

Monday, September 18, 2023 MINUTES Page 1

M I N U T E S

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
MONDAY, SEPTEMBER 18, 2023
4:30 P.M.

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

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/1610332476. 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: 161 033 2476. 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.

Monday, September 18, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 4:40 p.m.

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

Absent: Kesarwani, Bartlett, Harrison
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 – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
a. Workers Compensation Appeals Board Case Numbers: ADJ15348795 and ADJ15456130 Action: M/S/C (Arreguin/Robinson) to authorize the City Manager to settle by Stipulated Award with future medical care, as to workers’ compensation matters WCAB Case Numbers:

ADJ15348795 and ADJ15456130.

Vote: Ayes – Taplin, Hahn, Wengraf, Robinson, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Kesarwani, Bartlett, Harrison.
b. Workers Compensation Claim #BER2200121
Action: M/S/C (Arreguin/Humbert) to authorize the City Manager to settle by Compromise and Release, or in the alternative settlement by Stipulated Award with future medical care, as to workers’ compensation matter WC Claim #: BER2200121.

Vote: Ayes – Taplin, Hahn, Wengraf, Robinson, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Kesarwani, Bartlett, Harrison.
c. Rena Fisher, Kathi Pugh, and Helen Walsh v. City of Berkeley Action: No reportable action taken.
d. Harrison v. Martinez et al. Alameda County Superior Court Case No. 22CV09169 Action: M/S/C (Arreguin/Robinson) to authorize the City Attorney to settle the case in the amount of $40,000.

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

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property Address: 921-927 Parker Street, Berkeley, California Agency Negotiators: Dee Williams- Ridley, City Manager; David Sprague, Berkeley Fire Chief; Dionne Early, Public Works Real Property
Negotiating parties: City of Berkeley and Keegan & Coppin Company Inc., on behalf of 921 Parker Street Partners, LLC
Property Owner: 921 Parker Street Partners, LLC
Under negotiation: Price and terms
Action: No reportable action taken.

Monday, September 18, 2023 MINUTES Page 3
OPEN SESSION:

City Council met in closed session on September 18, 2023, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a settlement by Stipulated Award with future medical care, as to workers’ compensation matters WCAB Case Numbers ADJ15348795 and ADJ15456130.

City Council met in closed session on September 18, 2023, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a settlement by Compromise and Release, or in the alternative settlement by Stipulated Award with future medical care, as to workers’ compensation matter WC Claim number BER2200121.

The Council convened in closed session on September 18, 2023 and approved a settlement in the matter of Harrison v. Martinez et al, Alameda County Superior Court Case No. 22CV019169, in the amount of $40,000 in exchange for a release of all claims against the City.

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

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

Adjourned at 6:47 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on September 18, 2023.
________________________
Mark Numainville, City Clerk

Tuesday, September 19, 2023 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, September 19, 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:

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/1609353651 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: 160 935 3651 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. 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, September 19, 2023 MINUTES Page 2
Preliminary Matters
Report from Closed Session
City Council met in closed session on September 18, 2023, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to:
1) Approve a settlement by Compromise and Release, or in the alternative settlement by Stipulated Award with future medical care, as to workers’ compensation matter WC Claim number BER2200121.
2) Approve a settlement by Stipulated Award with future medical care, as to workers’ compensation matters WCAB Case Numbers: ADJ15348795 and ADJ15456130. 3) Approve a settlement in the matter of Harrison v. Martinez et al, Alameda County Superior Court Case No. 22CV019169, in the amount of $40,000 in exchange for a release of all claims against the City.

Roll Call: 6:20 p.m.

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

Absent: Kesarwani, Bartlett, Harrison
Councilmember Kesarwani present at 6:22 p.m.

Councilmember Bartlett present at 6:22 p.m.

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters:

1. Recognition of California Native American Day – September 22, 2023

2. Recognition of the Public Bank of the East Bay
City Manager Comments: None
Public Comment on Non-Agenda Matters: 9 speakers.

Tuesday, September 19, 2023 MINUTES Page 3
Action: M/S/C (Areguin/Kesarwani) to accept an urgency item from the Health, Housing, and Community Services Department pursuant to Government Code Section 54954.2(b)(2) entitled Revised Resolution for a Joint Homekey Application and Urgency Ordinance to Amend Contract No. 32200202 Extending the Lease for Real Property at 1461 University.

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

Public Comment on Consent Calendar and Information Items Only: 17 speakers.

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

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

Urgency Item: Revised Resolution for a Joint Homekey Application and Urgency Ordinance to Amend Contract No. 32200202 Extending the Lease for Real Property at 1461 University
From: City Manager
Recommendation: Adopt one resolution and one urgency ordinance approving the following actions in support of a Homekey program application by:

1. 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.

2. 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.

3. Authorizing the City Manager, if Homekey funds are awarded, to execute an amendment to Contract No. 32200202 with Shree Jalasai Lodging, LP for the lease of real property located at 1461 University Avenue, Berkeley, extending the term by five months and increasing the total cost by $891,132 for a new contract not-to-exceed amount of $3,896,402 for the purposes of extending the interim non-congregate shelter program at this location.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,043–N.S. and urgency Ordinance No. 7,884–N.S.

Consent Calendar
Tuesday, September 19, 2023 MINUTES Page 4

1. Contract Amendment for Extending the Lease for the Real Property at 1461 University Avenue
From: City Manager
Recommendation: Adopt an Urgency Ordinance authorizing the City Manager to execute an amendment to Contract No. 32200202 with Shree Jalasai Lodging, LP for the real property located at 1461 University Avenue, Berkeley, extending the term for 30 months and increasing the total cost by $5,362,043, for a new contract not-to- exceed amount of $8,367,313, for the purposes of extending the interim noncongregate shelter program at this location.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted urgency Ordinance No. 7,885–N.S.

2. Execute contract with Housing Consortium of the East Bay (HCEB) to operate shelter at the Rodeway Inn
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Housing Consortium of the East Bay (HCEB) to operate an interim housing program at the Rodeway Inn (1461 University Ave.) through April 30, 2026.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 71,044–N.S.

3. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 19, 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 - $22,472,259
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

4. 2024 Tax Rate: Transportation Network Company User Tax From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the 2024 tax rate (effective January 1, 2024) for the transportation network company at the following rates: 56.162 cents on the user for each prearranged trip that originates in the City that is not part of a pooled prearranged trip and 27.424 for each pooled prearranged trip on each user who arranges each prearranged trip that originates in the City and which comprises part of the pooled prearranged trip.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopt first reading of Ordinance No. 7,886–N.S. Second reading scheduled for October 3, 2023.

Consent Calendar
Tuesday, September 19, 2023 MINUTES Page 5

5. Contract: Options Recovery Services – Encampment-based Mobile Wellness Center Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Options Recovery Services to provide Mobile Wellness services for individuals who are unhoused or living in encampments in Berkeley. The contract will be funded through California Mental Health Services Act (MHSA) Innovation (INN) funds, for a total not to exceed amount $2,802,400, through June 30, 2028.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,045–N.S.

6. Authorizing a Lease of 830 University Avenue to Lifelong Medical Care From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to enter into a lease for 830 University with Lifelong Medical Care (Lifelong).

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopt first reading of Ordinance No. 7,887–N.S. Second reading scheduled for October 3, 2023.

7. Revenue Grant: California Office of Traffic Safety (OTS) for the 2024 “Selective Traffic Enforcement Program (STEP) Grant
From: City Manager
Recommendation: Adopt a Resolution authorizing the Chief of Police to accept the "Selective Traffic Enforcement Program (STEP)" grant and enter into the resultant grant agreement and any amendments, with the California Office of Traffic Safety.

This OTS grant is for $269,000 for the period of October 1, 2023 through September 30, 2024, which is Federal Fiscal Year 2024.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,046–N.S.

8. Revenue Grant: Cannabis Tax Fund Grant Program (CTFGP) From: City Manager
Recommendation: Adopt a Resolution authorizing the Chief of Police to accept the CTFGP grant and enter into the resultant grant agreement and any amendments, with the California Highway Patrol. This grant is for $59,168 for the period of July 1, 2023 through June 30, 2024.

Financial Implications: One-time Grant Program Fund - $59,168 Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,047–N.S.

Consent Calendar
Tuesday, September 19, 2023 MINUTES Page 6

9. License Agreement – RM Ventures, LLC, d.b.a, In the Wood Grill & Bar for Nonexclusive Use of the Elmwood Parking Lot Pedestrian Paseo From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a ground license agreement with RM Ventures LLC d.b.a., In the Wood Grill and Bar (In the Wood Grill & Bar) for the nonexclusive use of a portion of the Elmwood Parking Lot Pedestrian Access Path (“Paseo”), a City-owned midblock pedestrian path connecting the City’s Elmwood Parking Lot to College Avenue in the Elmwood Neighborhood Shopping District, for an initial term of five (5) years and authorize the City Manager to execute a renewal of this license, under the same terms, after the termination of the initial term.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Item 9 removed from the agenda by the City Manager.

10. Contract No. 32200073 Amendment: Toole Design Group for Engineering Design and Construction Support Services for the Southside Complete Streets Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200073 with Toole Design Group for engineering design and construction support services for the Southside Complete Streets Project, increasing the contract by $508,602, for a total amount not to exceed $1,790,213, and extending the term of the contract from December 31, 2023 to June 30, 2025.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,048–N.S.

11. Agreement with Goldsmiths for Strawberry Creek Culvert Repair From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a Cost Sharing Agreement and Release with Steven and Cathy Goldsmith for repair of a section of Strawberry Creek Culvert. The culvert was reported to have failed on or about October 24, 2021 and the extents of the failure is alleged to include area in both City right-of-way and private property under the Goldsmiths’ home. Per the agreement, the City would expend an amount not to exceed $75,000 toward repair of the creek culvert in exchange for a release of claims relating to the October 24, 2021 culvert failure.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,049–N.S.

Consent Calendar
Tuesday, September 19, 2023 MINUTES Page 7

12. Amendment to the Agreement for Maintenance of State Highways in the City of Berkeley between the California Department of Transportation and the City of Berkeley
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to the Agreement with the California Department of Transportation (Caltrans) for maintenance of the State highways within the City of Berkeley. The amendment will address three new traffic signals: 1) a new pedestrian hybrid beacon (PHB) at San Pablo Avenue and Virginia Street 2) a new PHB at San Pablo Avenue and Hearst Street, and 3) a new rectangular rapid flashing beacon (RRFB) at Ashby Avenue and California Street.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,050–N.S.

13. Contract No. 9977C Amendment: Portable Computer Systems dba PCS Mobile for Parking Permit and Citation Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9977C with Portable Computer Systems dba PCS Mobile, increasing the contract amount by $1,650,000 for a total amount not-to- exceed of $3,700,000 and extending the contract term through June 30, 2029.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,051–N.S.

14. Contract No. 32000078 and Contract No. 32000093 Amendments DC Electric Group, Inc. for On-Call Electrical Services
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager or designee to Amend the contract, increasing the amounts as outlined below, and extending the contracts through June 30, 2026:

1. Increasing Contract No. 32000078 with DC Electric Group, Inc. for the Facilities Electrical Division for on-call electrical services in the amount of $300,000 for a total contract amount not to exceed $475,000.

2. Increasing Contract No. 32000093 with DC Electric Group, Inc. for the Transportation Division for on-call electrical services for traffic calming devices in the amount of $100,000 for a total contract amount not to exceed $600,000.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,052–N.S. (Contract No. 32000078); and Resolution No. 71,053–N.S. (Contract No. 32000093).

Consent Calendar
Tuesday, September 19, 2023 MINUTES Page 8

15. Contract: Turnstone Data Inc. for Parking Data Analytics Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a three-year contract with an option for two one-year extensions, that require no additional funding, with Turnstone Data Inc., to provide parking data analysis and visualization services in an amount not to exceed $375,000 for the period from January 1, 2024 through December 31, 2026.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,054–N.S.

Council Consent Items

16. Budget Referral: Berkeley Food Network to address increased demand From: Mayor Arreguin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Refer $200,000 to the November 2023 AAO #1 process to address the increased number of people experiencing food insecurity in Berkeley including people in danger of eviction 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: Councilmember Humbert added as a co-sponsor. Approved recommendation.

Recess 7:50 p.m. – 8:14 p.m.

Tuesday, September 19, 2023 MINUTES Page 9
Action Calendar – Public Hearings

17. Amendments to Title 23 Relating to Accessory Dwelling Units (ADUs) and Repeal of Chapter 12.99 to Conform to State Law and Respond to Guidance from the California Department of Housing and Community Development (Item contains supplemental material.) (Continued from July 25, 2023) From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt the first reading of an ordinance amending Berkeley Municipal Code (BMC) Title 23, and repealing BMC Chapter 12.99, relating to Accessory Dwelling Units and Junior Accessory Dwelling Units.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 23 speakers.

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

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

Councilmember Taplin absent 9:09 p.m. – 9:18 p.m.

Action: M/S/C (Kesarwani/Taplin) to suspend the rules and extend the meeting to 11:30 p.m.

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

Action: M/S/Failed (Kesarwani/Taplin) to adopt the first reading of an ordinance as submitted in Supplemental Communications Packet #1 by the Planning and Development Department with the following additional direction.

1. Defer adoption of the parking requirement for Hillside Overlay specified in TABLE 23.322-1: REQUIRED OFF-STREET PARKING IN RESIDENTIAL DISTRICTS and TABLE 23.322-2: REQUIRED OFF-STREET PARKING REQUIREMENTS IN COMMERCIAL DISTRICTS (EXCLUDING C-T) pending the Fire Department’s completion of an evacuation study specific to ADUs, as requested by HCD in its enforcement letter dated Oct. 17, 2022

2. Accept Policy Alternative 1. Additional prescriptive standards for New Construction ADUs within the front setback in Section 8.

3. Reject Policy Alternative 2. Converted ADUs: Maintain time limit based on when the accessory building or structure was created in Section 8.

4. Accept Policy Alternative 3. Keep Neighbor Noticing Procedures as-is except removing noticing to owner(s) of subject property in Section 8.

5. Add a 20-foot ADU height limit for units in the Hillside Overlay area.

Tuesday, September 19, 2023 MINUTES Page 10
Vote: Ayes – Kesarwani, Taplin, Bartlett, Humbert; Noes – Hahn, Wengraf, Robinson, Arreguin; Abstain – None; Absent – Harrison.

Action: M/S/Failed (Robinson/Arreguin) to adopt the first reading of an ordinance as submitted in Supplemental Communications Packet #2 by Mayor Arreguin and Councilmembers Wengraf and Hahn with the following additional direction.

1. Accept Policy Alternative 1. Additional prescriptive standards for New Construction ADUs within the front setback in Section 8.

2. Accept Policy Alternative 2. Converted ADUs: Maintain time limit based on when the accessory building or structure was created in Section 8.

3. Accept Policy Alternative 3. Keep Neighbor Noticing Procedures as-is except removing noticing to owner(s) of subject property in Section 8.

4. Add a 20-foot ADU height limit for units in the Hillside Overlay area.

5. Add a revision of the text of the third item in the first row of table 23.322-1 to read “ADU within Hillside Overlay: 1 per ADU unless satisfies the criteria in subdivision (d) of Government Code Section 65852.2.[1]” and the addition of note 1 to that same table: “For purposes of Subdivision (d)(1)(A), no parking space is required if the parcel is located within 0.5 mile walking distance of a major transit stop or a high-quality transit corridor as defined in Public Resources Code Section 21155.”
Vote: Ayes – Hahn, Wengraf, Robinson, Arreguin; Noes – Kesarwani, Taplin, Bartlett, Humbert; Abstain – None; Absent – Harrison.

Action: M/S/Carried (Arreguin/Wengraf) to continue the item to October 3, 2023.

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

Council Action Items
Tuesday, September 19, 2023 MINUTES Page 11

18. Authorizing the City Attorney to Submit an Amicus Brief in Support of the UC Regents in Make UC a Good Neighbor v. Regents of University of California From: Mayor Arreguin (Author), Councilmember Robinson (Author), Councilmember Wengraf (Co-Sponsor)
Recommendation: Adopt a Resolution Authorizing the City Attorney to submit an amicus brief in support of the University of California Regents’ in Make UC a Good Neighbor v. The Regents of University of California, currently before the California State Supreme Court on appeal.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor’s Office, (510) 981-7100 Action: Councilmember Humbert added as a co-sponsor. Moved to Consent Calendar. Adopted Resolution No. 71,055–N.S.

19. Referral to Rezone Gilman Street to Maximize Revenue Productivity Per Acre From: Councilmember Kesarwani (Author), Councilmember Taplin (Co- Sponsor), Councilmember Robinson (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation: Refer to the City Manager and Planning Commission to rezone Gilman Street—a major thoroughfare for entering and exiting the City—from San Pablo Avenue to Interstate 80 to maximize revenue-generating and job-creating uses. Specifically, the rezoning of Gilman Street should consider the following:

Potential for applying the Manufacturing, Research and Development (M-RD) zoning district currently planned for the Pacific Steel Casting site to a portion of Gilman street. The M-RD zoning district seeks to better align with development interest by:
allowing research and development, office, laboratory, and light manufacturing uses currently not permitted by the existing Manufacturing (M) zoning; and removing protections for existing manufacturing uses and constraints associated with certain development standards; and/or Consider a new zoning designation for a portion of Gilman Street west of San Pablo Avenue to I-80 that maximizes revenue productivity per acre via permitted uses and associated development standards; and Extend West Berkeley Commercial District (C-W) zoning on Gilman Street from Ninth Street further west for a certain number of blocks and enhance the flexibility of C-W development standards to increase the likelihood of redevelopment—in coordination with “Keep Innovation in Berkeley” Council referral (passed on Sept. 13, 2022) that seeks to allow research and development uses in C zones. Refer $250,000 to the FY 2024-25 budget process for consulting services to assist with the planning process and associated environmental review and economic analyses.

Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 Action: Moved to Consent Calendar. Councilmembers Wengraf and Robinson added as co-sponsors. Approved recommendation as amended in Supplemental Communications Packet #1 by Councilmember Kesarwani.

Information Reports
Tuesday, September 19, 2023 MINUTES Page 12

20. Settlement of California River Watch Notice of Intent to File Suit From: City Manager
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 0 speakers.

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

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

Adjourned at 11:17 p.m.

I hereby certify that the forgoing is a true and correct record of the regular meeting held on September 19, 2023.
_________________________
Mark Numainville, City Clerk
Communications
Berkeley’s Crime

1. Robin Kibby

2. Shok Saidmuradov
Police Matters

3. David Freeling

4. Alex Merenkov

5. Carol Denney
Hotel Sales

6. Sabina McMurtry
Visit Berkeley

7. Visit Berkeley
Red Curb

8. Sherleen Brown

9. Amy Campos
Hiring Bonus’

10.Minda Berbeco

Tuesday, September 19, 2023 MINUTES Page 13
Cannabis Policy

11.Getting It Right from the Start
Second Hand Smoke

12.Carol Denny
Willard Park

13.Vincent Casalaina

14.Mary Oram
Homelessness

15.Sharon Sangco, on behalf of Windsor Management (2)

16.Peter Radu, Neighborhood Services

17.Aimee Baldwin
School Expansion

18.Leila Moncharsh
Ohlone Greenway

19.Rachel Edelson
Seismic Prep

20.John Parman
UN Association Venue

21.Dirk Neyhart
New Construction

22.Dan Auten
Gus Newport

23.Boona Cheema
Black Rep

24.Tanya Dennis, Post Newspaper Reporter
Waterfront Specific Plan

25.Claudia Kawczynska, Chair of Parks, Recreation and Waterfront Commission Supplemental Communications and Reports 1
Item #12: Amendment to the Agreement for Maintenance of State Highways in the City of Berkeley between the California Department of Transportation and the City of Berkeley

26.Phyllis Orrick (2)

27.Marc Hedlund
Item #16: Budget Referral: Berkeley Food Network to Address Increase Demand

Tuesday, September 19, 2023 MINUTES Page 14

28.Bob Flasher

29.Bob Whalen

30.Dona Boatright
Item #17: Amendments to Title 23 Relating to Accessory Dwelling Units (ADUs) and Repeal of Chapter 12.99 to Conform to State Law and Respond to Guidance from the California Department of Housing and Community Development

31.Revised material, submitted by Planning and Development Item #19: Referral to Rezone Gilman Street to Maximize Revenue Productivity Per Acre

32.Revised material, submitted by Councilmember Kesarwani Supplemental Communications and Reports 2
Urgent Item: Revised Resolution for a Joint Homekey Application and Urgency Ordinance to Amend Contract No 32200202 Extending the Lease for Real Property at 1461 University

33.Urgency item, submitted by Health, Housing and Community Services

34.Eric Friedman
Item #17: Amendments to Title 23 Relating to Accessory Dwelling Units (ADUs) and Repeal of Chapter 12.99 to Conform to State Law and Respond to Guidance from the California Department of Housing and Community Development

35.Supplemental material, submitted by Councilmember Kesarwani

36.Supplemental material, submitted by Councilmember Wengraf, Councilmember Hahn and Mayor Arreguin

37.Richard Thomason

38.Catherine Huchting

39.Janice Schroeder

40.Tony Corman

41.Virginia Warheit

42.Vicki Sommer

43.Irene Rosenthal
Supplemental Communications and Reports 3
Item #17: Amendments to Title 23 Relating to Accessory Dwelling Units (ADUs) and Repeal of Chapter 12.99 to Conform to State Law and Respond to Guidance from the California Department of Housing and Community Development

44.Presentation, submitted by Planning and Development Department

45.Presentation, submitted by the Fire Department

46.George Porter

47.Rosemary Hardy

48.Carol Hirth

49.Lovell Jarvis

50.Robin Kibby

Tuesday, September 19, 2023 MINUTES Page 15

51.Liinda Twilling and Basil Boutris

52.Meryl Siegal

53.Gregory Murphy

54.Sybil Hatch

55.Henry DeNero

56.Jan Knecht

57.Donna DeDiemar

58.Ellen Goldblatt

59.Michel Thouati

60.Jenny Wenk

61.Jonathan Khuner

62.Barbara Davis

63.Jon Moses Schickman

64.Bonnie Cediel

65.Nancy Rader

66.Steven Segal

67.Lisa and Tim Goodman

68.John Parman

69.Joann Sullivan

70.Megan Finaly

71.Christopher Kroll

72.David Brandon

73.Chrise de Tournay Birkhahn

74.Susan Nunes Fadley

75.Kathleen Giustino

76.Marjorie Lasky

77.Jonathan Khuner

78.Phyllis Orrick

79.Alexander Benn

80.Michael Katz

81.Judith Schelly

82.Bruce Smith

83.Paul Jacobs

84.Councillmember Hahn

85.Bruce and Bette Flushman

86.Peggy Radel

87.Aviv Nitsan

88.Bryce Nesbitt

89.Peggy Radel

90.Colby Olds

91.Julie Lamont and Phil Price

92.Candace Hyde-Wang

93.Kevin Casey

94.Tom Edwards

95.Becky Price

96.Thomas Plagge

Tuesday, September 19, 2023 MINUTES Page 16

97.Ian Meyers

98.Mary Lee Noonan

99.David Sherertz
100. Kelly Hammargren
101. John Parman
102. Debra Guckenheimer
103. Fan and Jim Albritton
104. Mary Stevens and Norbert Jeske
105. Joan Lester
106. Patrick Sheahan
107. Nick Eckenwiler
108. Jessica Abbe
109. Catherine Lazio
110. Virginia Warheit
111. Todd Andrew
112. S. Entwistle
113. Ellen Barth
114. Diane Kanegae
115. Candace Hyde-Wang
116. Becca Freed
117. Jeffrey Heller
118. Amelia Fernholz
119. Lori Perlstadt
120. Bianca Walser
121. Eric
122. Barbara Gilbert
123. Eric Snow
124. Lisa Goodman
125. Robert Clear
126. Dorothea Dorenz
127. Theo Posselt
128. 58 similarly-worded form letters
129. 288 similarly-worded form letters
Item#19: Referral to Rezone Gilman Street to Maximize Revenue Productivity Per Acre
130. Donna DeDiemar
Communications
131. Berkeley Launches Specialized Care Unit (SCU)
132. Debbie Notkin of Public Bank

Tuesday, September 26, 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
TUESDAY, SEPTEMBER 26, 2023
5:00 P.M.

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 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.

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/1614522259. 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: 161 452 2259. 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.

Tuesday, September 26, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 5:06 p.m.

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

Absent: Bartlett
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 – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(3):
a. Claim of D.L. Falk Construction Inc.

The document constituting the threat of litigation under Government Code section 54956.9, subdivision (e)(3), is attached for public inspection.

Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

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

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

Adjourned at 5:37 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting of the City Council held on September 26, 2023. _______________________
Mark Numainville, City Clerk

Tuesday, September 26, 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, September 26, 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:

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/1611020299 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: 161 102 0299 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. 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, September 26, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:10 p.m.

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

Absent: None
Action Calendar – Public Hearings

1. ZAB Appeal: 705 Euclid Avenue, Use Permit #ZP2022-0104 From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution to modify and approve the project approved by the Zoning Adjustments Board (ZAB) for Use Permit (# ZP2022-0104) to construct a new three-story, 4,528 square foot single family dwelling with two parking spaces and associated retaining walls located in the setbacks, on a 6,024 square foot vacant lot, and dismiss the appeal. The original project has been revised, as described in Response 1 of this report, to reduce the maximum building height by approximately two feet (from 41- feet, 11-inches to 39-feet, 5-inches).

Financial Implications: See report.

Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 3 speakers.

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

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

Councilmember Bartlett absent 7:01 p.m. – 7:08 p.m.

Action: M/S/C (Robinson/Humbert) to adopt Resolution No. 71,056–N.S. to modify and approve the revised project approved by the Zoning Adjustments Board (ZAB) for Use Permit (# ZP2022-0104) to construct a new three-story, 4,528 square foot single family dwelling with two parking spaces and associated retaining walls located in the setbacks, on a 6,024 square foot vacant lot, and dismiss the appeal. The original project has been revised, as described in Response 1 of this report, to reduce the maximum building height by approximately two feet (from 41-feet, 11- inches to 39-feet, 5-inches).

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

Tuesday, September 26, 2023 MINUTES Page 3

2. ZAB Appeal: 1598 University Avenue, Use Permit #ZP2022-0099 From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the decision of the Zoning Adjustments Board to approve Use Permit ZP#2022-0099, to demolish a non-residential structure and construct a 127,492 square foot, eight-story (89 feet-2 inches) mixed-use residential building containing 207 dwelling units (21 Very Low-Income) and a 5,943 square foot commercial space, with 39 automobile parking spaces and 92 bicycle parking spaces, utilizing State Density Bonus Law, subject to revised conditions of approval.

Financial Implications: See report.

Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 12 speakers.

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

Vote: All Ayes.

Action: M/S/C (Harrison/Taplin) to adopt Resolution No. 71,057–N.S. affirming the decision of the Zoning Adjustments Board to approve Use Permit ZP#2022-0099, to demolish a non-residential structure and construct a 127,492 square foot, eight-story (89 feet-2 inches) mixed-use residential building containing 207 dwelling units (21 Very Low-Income) and a 5,943 square foot commercial space, with 39 automobile parking spaces and 92 bicycle parking spaces, utilizing State Density Bonus Law, subject to revised conditions of approval with the revised/added conditions of approval below.
 COA #65 Transportation – Utility Box. The applicant shall relocate the utility box structures located at the intersection of University Avenue and California Street with direction and approval from the City and utility providers.  COA #66 Transportation-Loading Zone. Loading zone areas shall be located on California Street, adjacent to the southern portion of the parcel, with placement and length of loading zone subject to city traffic engineering approval.
 COA #70 Landscape Maintenance. All landscaping per the attached approved drawings dated May 3, 2023 shall be maintained in perpetuity with the project.

Vote: All Ayes.

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

Vote: All Ayes.

Tuesday, September 26, 2023 MINUTES Page 4
Adjourned at 9:06 p.m.

I hereby certify that the forgoing is a true and correct record of the special meeting held on September 26, 2023.
_________________________
Mark Numainville, City Clerk
Communications
Item #1: ZAB Appeal: 705 Euclid Avenue, Use Permit #ZP2022-0104

1. Shona Armstrong, on behalf of Harper & Armstrong, LLP Item #2: ZAB Appeal: 1598 University Avenue, Use Permit #ZP2022-0099

2. Nancy Richerson

3. Elizabeth Sharada Kowal
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #2: ZAB Appeal: 1598 University Avenue, Use Permit #ZP2022-0099

4. David Ushijima

5. Toni Mester

6. Maha Parameswaran

7. Bentley Drake

8. Larry Mandella
Supplemental Communications and Reports 3
Item #1: ZAB Appeal: 705 Euclid Avenue, Use Permit #ZP2022-0104

9. Presentation, submitted by Planning and Development

10.Anonymous voice messages
Item #2: ZAB Appeal: 1598 University Avenue, Use Permit #ZP2022-0099

11.Presentation, submitted by Planning and Development

12.Elizabeth Kowal (2)

13.Isaiah Stackhouse, on behalf of Trachtenberg Architects

14.Anonymous
Miscellaneous Communications

15.Zoom Meetings – Todd Andrew

16.Doomsday Asteroid – Mr. Eid

Monday, October 2, 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, OCTOBER 2, 2023
3:00 P.M.

REDWOOD ROOM – 2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708 TELECONFERENCE LOCATION - 1619 EDITH STREET, BERKELEY, CA 94703

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.

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/1602668772. 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: 160 266 8772. 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.

Monday, October 2, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 3:06 p.m.

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

Absent: Kesarwani, Bartlett
Public Comment - Limited to items on this agenda only – 1 speaker CLOSED SESSION:

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

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957(b):
a. Title of position to be evaluated: City Attorney
Action: No reportable action taken.

2. 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, Dawud Brewer, Employee Relations Manager, Jonathan Holtzman, Renne Public Law Group

Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F., Berkeley Fire Fighters Association, Local 1227 I.A.F.F. / Berkeley Chief Fire Officers Association; Berkeley Police Association; SEIU 1021 Community Services and Part-time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, Public Employee Union Local 1, Unrepresented Employees Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

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

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

Adjourned at 5:27 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on October 2, 2023.
________________________
Mark Numainville, City Clerk

Tuesday, October 3, 2023 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, October 3, 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:

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/1600539994 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: 160 053 9994. 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. 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, October 3, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:11 p.m.

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

Absent: Taplin, Bartlett
Councilmember Taplin present at 6:22 p.m.

Councilmember Bartlett present at 6:27 p.m.

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters:

1. Recognition of Dysautonomia Awareness Month

2. Recognition of Indigenous Peoples Day, October 9, 2023

3. Adjourned in Memory of Christopher Adams, Former City Commissioner

4. Adjourned in Memory of Maura Ghizzoni, Berkeley Resident City Auditor Comments:

The City Auditor condemned the recent incidents of hate speech at public meetings and thanked the Council for their response to the incidents.

City Manager Comments: None
Public Comment on Non-Agenda Matters: 20 speakers.

Recess 7:26 p.m. – 7:49 p.m.

Public Comment by Employee Unions: 1 speaker.

Tuesday, October 3, 2023 MINUTES Page 3
Action: M/S/C (Arreguin/Humbert) to accept an urgency item from Councilmember Wengraf pursuant to Government Code Section 54954.2(b)(2) entitled Resolution Re- Affirming City of Berkeley’s Condemnation of Anti-Semitism and Other Expressions of Hate Speech.

Vote: All Ayes.

Public Comment on Consent Calendar and Information Items Only: 12 speakers.

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

Vote: All Ayes.

Consent Calendar
Urgent Item: Resolution Re-Affirming City of Berkeley’s Condemnation of Anti- Semitism and Other Expressions of Hate Speech
From: Councilmember Wengraf (Author), Mayor Arreguin (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Adopt a Resolution Re-Affirming the City of Berkeley’s Condemnation of Anti-Semitism and all forms of Hate Speech.

Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Adopted Resolution No. 71,058–N.S.

1. Utility Easement: Bolivar Drive – East Bay Municipal Utility District From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,883–N.S. authorizing and directing the City Manager to convey a utility easement to the East Bay Municipal Utility District along Bolivar Drive at Aquatic Park.

First Reading Vote: Vote: All Ayes.

Financial Implications: None
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted second reading of Ordinance No. 7,883–N.S.

Consent Calendar
Tuesday, October 3, 2023 MINUTES Page 4

2. 2024 Tax Rate: Transportation Network Company User Tax From: City Manager
Recommendation: Adopt a second reading of an Ordinance No. 7,886–N.S. setting the 2024 tax rate (effective January 1, 2024) for the transportation network company at the following rates: 56.162 cents on the user for each prearranged trip that originates in the City that is not part of a pooled prearranged trip and 27.424 for each pooled prearranged trip on each user who arranges each prearranged trip that originates in the City and which comprises part of the pooled prearranged trip.

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

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted second reading of Ordinance No. 7,886–N.S.

3. Authorizing a Lease of 830 University Avenue to Lifelong Medical Care From: City Manager
Recommendation: Adopt a second reading of an Ordinance No. 7,887–N.S authorizing the City Manager to enter into a lease for 830 University with Lifelong Medical Care (Lifelong).

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

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted second reading of Ordinance No. 7,887–N.S.

4. Police Accountability Board – Appointment of New Member From: City Manager
Recommendation: Adopt a Resolution appointing a new member to the Police Accountability Board nominated by Councilmember Robinson.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,059–N.S.

5. Revenue Contract with City of Emeryville for Animal Care Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a revenue contract and all necessary amendments with the City of Emeryville for a term of 33 months (Oct 6, 2023 – June 30, 2026) at a total amount not to exceed $235,548.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 71,060–N.S.

Consent Calendar
Tuesday, October 3, 2023 MINUTES Page 5

6. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 3, 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: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

7. Contract No. 9791 Amendment: Environmental Systems Research Institute, Inc. (ESRI) for Enterprise Graphical Information Systems (GIS) Software License Maintenance and Support
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9791 with Environmental Systems Research Institute, Inc. (Esri) for Enterprise GIS software license maintenance and support, increasing the amount by $279,750 for a not- to-exceed total of $900,750 for the period of July 1, 2023 through June 30, 2026.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,061–N.S.

8. Contract No. 114382-1 Amendment: M.C. Dean for UPS Maintenance From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 114382-1 with M.C. Dean, Inc. for Uninterrupted Power Supply (UPS) maintenance, increasing the amount by $115,016 for a total not to exceed $261,922 from July 1, 2014 to June 30, 2026.

Financial Implications: IT Cost Allocations Fund - $115,016.

Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,062–N.S.

Action Calendar – Public Hearings
Tuesday, October 3, 2023 MINUTES Page 6

9. Ambulance Transport Fee Increase
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution adjusting the Ambulance User Fee to match Alameda County’s approved ambulance user fee schedule made effective July 1, 2023, for the Cities of Alameda, Albany, Berkeley, and Piedmont. The increase would be included as an updated addendum to the Ambulance Provider Agreement, and rescinding Resolution 70,726–N.S.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Public Testimony: The Mayor opened the public hearing. 0 speakers.

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to adopt Resolution No. 71,063–N.S.

Vote: All Ayes.

10. Amendments to Title 23 Relating to Accessory Dwelling Units (ADUs) and Repeal of Chapter 12.99 to Conform to State Law and Respond to Guidance from the California Department of Housing and Community Development (Continued from September 19, 2023) (Item contains revised and supplemental material)
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt the first reading of an ordinance amending Berkeley Municipal Code (BMC) Title 23, and repealing BMC Chapter 12.99, relating to Accessory Dwelling Units and Junior Accessory Dwelling Units.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: M/S/C (Arreguin/Kesarwani) to re-open the public hearing. 11 public speakers.

Vote: All Ayes.

Action: M/S/C (Arreguin/Taplin) to suspend the rules and extend the meeting to 11:15 p.m.

Vote: All Ayes.

Action: M/S/Carried (Wengraf/Hahn) on the severed portion of the substitute motion to accept Policy Alternative #1 regarding the front setback as proposed by Councilmember Wengraf in the Supplemental materials submitted for the October 3 meeting.

Vote: All Ayes.

Action Calendar – Public Hearings
Tuesday, October 3, 2023 MINUTES Page 7
Action: M/S/Failed (Wengraf/Hahn) on the severed portion of the substitute motion to accept Policy Alternative #2 regarding the time restrictions for conversions.

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

Action: M/S/Carried (Wengraf/Hahn) on the severed portion of the substitute motion to accept Policy Alternative #3 regarding neighbor noticing.

Vote: All Ayes.

Action: M/S/Failed (Wengraf/Hahn) to:
1) Adopt the Ordinance as proposed by the Planning and Development Department in Supplemental Communications Packet #2 for the October 3, 2023 meeting. 2) Adopt Policy Alternatives 1 and 3
3) Keep the height requirements as proposed by staff (not adopting 20-foot uniform height standard citywide).
4) Refer to the City Manager to consider changes to development standards with specific consideration for setbacks, height, and building separation, for accessory buildings and structures to promote fire safety citywide. 5) Request for an annual report on ADUs, JADUs, the rents of those units, and the utilization of those units in order to count ADUs for RHNA goals.

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

Action: M/S/Carried (Kesarwani/Humbert) on the severed portion of the main motion to include the 20-foot uniform height limit citywide.

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

Action: M/S/C (Kesarwani/Humbert) on the severed portion of the main motion to accept Policy Alternative #1 regarding the front setback as proposed by Councilmember Wengraf in the Supplemental materials submitted for the October 3 meeting.

Vote: All Ayes.

Action: M/S/C (Kesarwani/Humbert) on the severed portion of the main motion to reject Policy Alternative #2 regarding the time restrictions for conversions.

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

Action: M/S/C (Kesarwani/Humbert) on the severed portion of the main motion to accept Policy Alternative #3 regarding neighbor noticing.

Vote: All Ayes.

Action Calendar – Public Hearings
Tuesday, October 3, 2023 MINUTES Page 8
Action: M/S/C (Kesarwani/Humbert) on the severed portion of the main motion to use the definition of public transit in Government Code Section 65852.2(j)(11).

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

Action: M/S/C (Kesarwani/Humbert) on the severed portion of the main motion to refer to the City Manager to conduct a resident survey or to use publicly available data on ADU rent levels to anticipate affordability, as described in the HCD ADU Handbook on pg. 26, contingent on available funding.

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

Action: M/S/C (Kesarwani/Humbert) on the severed portion of the main motion to refer to the City Manager to consider changes to development standards with specific consideration for setbacks, height, and building separation, for accessory buildings and structures to promote fire safety citywide.

Vote: All Ayes.

Action: M/S/C (Kesarwani/Humbert) on the severed portion of the main motion to refer to the City Manager to return to Council when the evacuation study is completed.

Vote: All Ayes.

Action: M/S/C (Kesarwani/Humbert) to:
1) Adopt first reading of Ordinance No. 7,888–N.S. as proposed by the Planning and Development Department in Supplemental Communications Packet #2 for the October 3, 2023 meeting. Second reading scheduled for November 7, 2023. 2) Modify the language in the ordinance on transit to use the definition of public transit in subdivision (j)(11) of Government Code Section 65852.2. 3) Accept Policy Alternative 1 as proposed by Councilmember Wengraf in the Supplemental materials submitted for the October 3 meeting. 4) Reject Policy Alternative 2 (3-year restriction on conversion of AB to ADU). 5) Accept Policy Alternative 3 (neighborhood notice).
6) Adopt a 20-foot uniform height Citywide as recommended in the Supplemental materials from Councilmember Kesarwani submitted for the October 3 meeting. 7) Refer to the City Manager to return to Council with the results of the evacuation study specific to ADUs for the Hillside Overlay District for the purpose of considering any modifications to the ADU Ordinance.
8) Refer to the City Manager to conduct a resident survey or to use publicly available data on ADU rent levels to anticipate affordability, as described in the HCD ADU Handbook on pg. 26, contingent on available funding.
9) Refer to the City Manager to consider changes to development standards with specific consideration for setbacks, height, and building separation, for accessory buildings and structures to promote fire safety citywide.

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

Tuesday, October 3, 2023 MINUTES Page 9
Action Calendar – Old Business

11. Status Report - Berkeley’s Financial Condition (FY 2012 – FY 2021): Pension Liabilities and Infrastructure Need Attention (Continued from June 27, 2023) From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Moved to Consent Calendar. Held over to October 10, 2023 meeting.

Information Reports

12. Sanctuary City Contracting Compliance Report for FY 2023 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Received and filed.

13. Update on the Implementation of Fair and Impartial Policing Task Force Recommendations
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 0 speakers.

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

Vote: All Ayes.

Adjourned at 11:05 p.m.

I hereby certify that the forgoing is a true and correct record of the regular meeting held on October 3, 2023.
_________________________
Mark Numainville, City Clerk
Communications
Garbage Rates

1. Melanie Lawrence and John Smail
2274 Shattuck

2. Melanie Lawrence
Tool Lending Library

Tuesday, October 3, 2023 MINUTES Page 10

3. David Lerman
Ohlone Park

4. Walter Wood
Police Matters

5. Janice Schroeder
Berkeley Marina

6. Peter Kuhn
Berkeley Commissioners

7. Cameron Woo
BART

8. Jack Kurzweil

9. Melinda Howard-Herrarte, on behalf of the Sierra Club Staff Shortages

10.Eric Friedman
Lights and Paving

11.Kathleen Davis
BioTech Labs

12.Ryian Adam Matthews
Senior Citizen

13.Sharon Turnoy
Marina Dock Replacement

14.Camille Antinori
United Artist Theater

15.Allen Michaan
Gasoline Leaf Blowers

16.Nina Sprecher
Berkeley Diversity

17.Sacha
Longfellow School

18.Anthony Vidal

19.Mara Greenaway

Tuesday, October 3, 2023 MINUTES Page 11

20.Liz Linden

21.James Angus
Ohlone Greenway

22.Mary Behm-Steinberg
Hopkins Corridor

23.Robion Kirby
McGee Avenue and Allston Way

24.Cheng Zhang
Landlords

25.Diana Bohn
Waterfront Specific Plan

26.Jim McGrath
Youth Peace

27.Youth Peace Program
Fight Inequity

28.Sylvia Mendez
Berkeley Flag

29.Aditya Prathap
URL’s Only

30.Vivian Warkentin
Supplemental Communications and Reports 1
Item #10: Amendments to Title 23 Relating to Accessory Dwelling Units (ADUs) and Repeal of Chapter 12.99 to Conform to State Law and Respond to Guidance from the California Department of Housing and Community Development

31.Revised material, submitted by Planning and Development

32.Jamie Candelaria, on behalf of the Department of Housing and Community Development

33.Marvin Snow

34.Valerie Knepper

35.E. Louise

36.Joan Andersson

37.Bruce Feingold
Supplemental Communications and Reports 2

Tuesday, October 3, 2023 MINUTES Page 12
Item #10: Amendments to Title 23 Relating to Accessory Dwelling Units (ADUs) and Repeal of Chapter 12.99 to Conform to State Law and Respond to Guidance from the California Department of Housing and Community Development

38.Revised material, submitted by Planning and Development

39.Supplemental material, submitted by Councilmember Harrison

40.Supplemental material, submitted by Councilmember Wengraf

41.Supplemental material, submitted by Councilmember Kesarwani

42.Bret Peterson

43.Claire Broome

44.Ranjit Bharvirkar

45.Ryan O’Connell

46.Kelly Hammargren

47.George Porter

48.Robert Sonderegger

49.Christine Rosen

50.Shirley Dean
Urgent Item: Adopt a Resolution Re-Affirming the City of Berkeley’s Condemnation of Anti-Semitism and all forms of Hate Speech

51.Urgent item, submitted by Councilmember Wengraf
Supplemental Communications and Reports 3
Item #10: Amendments to Title 23 Relating to Accessory Dwelling Units (ADUs) and Repeal of Chapter 12.99 to Conform to State Law and Respond to Guidance from the California Department of Housing and Community Development

52.California Housing Defense Fund

53.Virginia Browning

54.Alden Mudge

55.Ryan O’Connell

56.Richard Thomason

57.Alex Benn

58.David Mendelsohn

59.Phyllis Orrick

60.Lisa and Tim Goodman

61.Jan Knecht

62.Debra Sanderson (2)

63.Kelly Hammargren

64.Mary Stevens

65.George Porter

66.Zela Claiborne

67.J. Eric Barko

68.Steven Segal

69.Jonathan Bailey

70.Todd Andrew

71.Bryce Nesbitt

72.Todd Jersey

Tuesday, October 3, 2023 MINUTES Page 13
Miscellaneous Communications

73.Berkeley Specialized Unit (SCU)

74.Indigenous People’s Day

75.Monstrous Housing Crises - Anonymous

Tuesday, October 10, 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
TUESDAY, OCTOBER 10, 2023
3:00 P.M.

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 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.

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/1606556704. 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: 160 655 6704. 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.

Tuesday, October 10, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 3:11 p.m.

Present: Hahn, Wengraf, Robinson, Humbert, Arreguin

Absent: Kesarwani, Taplin, Bartlett, Harrison
Councilmember Kesarwani present 3:15 p.m.

Councilmember Taplin present 3:29 p.m.

Councilmember Bartlett present at 3:38 p.m.

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 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, Dawud Brewer, Employee Relations Manager, Jonathan Holtzman, Renne Public Law Group

Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F., Berkeley Fire Fighters Association, Local 1227 I.A.F.F. / Berkeley Chief Fire Officers Association; Berkeley Police Association; SEIU 1021 Community Services and Part-time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, Public Employee Union Local 1, Unrepresented Employees Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

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

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

Adjourned at 4:19 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on October 10, 2023.
________________________
Mark Numainville, City Clerk

Tuesday, October 10, 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, October 10, 2023
4:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 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/1611670896.

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: 161 167 0896.

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. 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, October 10, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 4:42 p.m.

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

Absent: None
Worksession

1. City Council Legislative Systems Redesign
From: Agenda & Rules Committee
Contact: Jesse Arreguin, Mayor, (510) 981-7100, Sophie Hahn, Councilmember, District 5, (510) 981-7150, Susan Wengraf, Councilmember, District 6, (510) 981- 7160
Action: 3 speakers. Presentation made and discussion held. New and existing materials referred to the Agenda & Rules Committee for further consideration.

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

Vote: All Ayes.

Adjourned at 6:31 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on October 10, 2023.
________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1: City Council Legislative Systems Redesign

1. Supplemental material, submitted by Councilmember Harrison, Robinson and Taplin

2. David Couch

3. Summer Brenner

4. Lori Kossowsky

5. Janice Schroeder

6. Bernard Marszalek

7. Beverly Crawford

Tuesday, October 10, 2023 MINUTES Page 3

8. Carol Hirth

9. Melanie Lawrence and John Smail

10.David Bacon

11.Eric Friedman

12.Lisa Bruce

13.Elana Auerbach
Supplemental Communications and Reports 3
Item #1: City Council Legislative Systems Redesign

14.Presentation, submitted by Councilmember Hahn

15.Meryl Siegal

16.Gary McDole

17.Sally Nelson

18.Tse-Sung Wu

Tuesday, October 10, 2023 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, October 10, 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:

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/1611670896. 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: 161 167 0896. 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. 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, October 10, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:32 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 Lloyd A. Edwards II, Berkeley Native and Civic Leader

2. Adjourned in Memory of all persons who have died through acts of terrorism City Manager Comments:

The City Manager presented an update on the Homeless Response Team.

Public Comment on Non-Agenda Matters: 11 speakers.

Action: M/S/C (Arreguin/Harrison) to accept an urgency item from Councilmember Robinson pursuant to Government Code Section 54954.2(b)(2) entitled Opening the Dwight Triangle.

Vote: All Ayes.

Public Comment on Consent Calendar and Information Items Only: 11 speakers.

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

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

Councilmember Harrison absent 7:42 p.m. – 8:01 p.m.

Councilmember Bartlett absent 7:43 p.m. – 8:01 p.m.

Consent Calendar
Tuesday, October 10, 2023 MINUTES Page 3
Urgent Item: Opening the Dwight Triangle
From: Councilmember Robinson (Author), Councilmember Humbert (Co-Sponsor) Recommendation:

Refer to the City Manager to open the fence-enclosed space in the Dwight Triangle, at the intersection of Telegraph Avenue and Dwight Way, for public use and recreation.

Additionally, refer to the City Manager to install permanent chess tables and benches and to consider any landscaping improvements deemed necessary by staff.

Refer $25,000 to the November AAO #1 budget process for improvements to the Dwight Triangle, including but not limited to permanent chess tables, benches, landscaping improvements, traffic calming, and signage associated with opening the Dwight Triangle for public use and recreation. City staff should consider if existing funds are able to be utilized to allow the space to be improved sooner.

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

Consent Calendar – Continued Business
A. Amendments to Title 23 Relating to Accessory Dwelling Units (ADUs) and Repeal of Chapter 12.99 to Conform to State Law and Respond to Guidance from the California Department of Housing and Community Development (Continued from October 3, 2023)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,888-N.S. amending Berkeley Municipal Code (BMC) Title 23, and repealing BMC Chapter 12.99, relating to Accessory Dwelling Units and Junior Accessory Dwelling Units.

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

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,888–N.S.

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

Consent Calendar

1. ***Item Removed by the City Manager*** City Council Rules of Procedure and Order Revisions
From: City Manager
Contact: Mark Numainville, City Clerk, (510) 981-6900

Consent Calendar
Tuesday, October 10, 2023 MINUTES Page 4

2. Write-Off of a Delinquent Revolving Loan Fund (RLF) Balance of $25,000 Owed by Kidventurez, Inc.

From: City Manager
Recommendation: Adopt a Resolution authorizing the write-off of the outstanding loan balance of $25,000 owed by Kidventurez Inc. to the City’s federally-funded Revolving Loan Fund (RLF) in accordance with the RLF Administrative Plan.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 71,064–N.S.

3. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 10, 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: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

4. Revenue Contracts: Aging Services Programs, Fiscal Years 2024 - 2026 From: City Manager
Recommendation: Adopt five Resolutions authorizing the City Manager or her designee to execute any resultant revenue agreements and amendments with Alameda County to provide congregate and home-delivered meals, family caregiver support, senior center activities and information and assistance services to seniors for the following programs for Fiscal Year 2024 thru Fiscal Year 2026 (FY2024- FY2026):
a. Congregate Meals in an amount not to exceed $213,000; b. Home Delivered Meals in an amount not to exceed $440,000; c. Family Caregiver Support Program in an amount not to exceed $126,500; d. Senior Center Activities in an amount not to exceed $136,000; and e. Information and Assistance Services in an amount not to exceed $460,000.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,065–N.S. (Congregate Meals), Resolution No. 71,066–N.S. (Home Delivered), Resolution No. 71,067–N.S. (Family Caregiver), Resolution No. 71,068–N.S. (Senior Center), Resolution No. 71,069–N.S. (Information and Assistance).

Consent Calendar
Tuesday, October 10, 2023 MINUTES Page 5

5. Develop and maintain Homelessness Prevention reporting module in City Data Services for Streamlined Community Agency Contract Administration and Monitoring
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32100038 with City Data Services (CDS) to allocate $10,760 to develop and maintain a Homelessness Prevention module in the online data management system utilized by the Department of Health, Housing and Community Services (HHCS) for a total contract not to exceed amount of $139,400.

Financial Implications: General Fund - $10,760
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,070–N.S.

6. Establish Classification and Salary Range – Graphic Designer From: City Manager
Recommendation: Adopt a Resolution establishing the unrepresented classification and salary range of Graphic Designer as outlined, with an hourly range of $39.5233 - $48.5000 and an annual salary range of $82,208.4870 - $100,880.0000.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,071–N.S.

7. Contract: EdgeSoft for Data Automation Services and Support for Toxics Management Division
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments which align with the City of Fremont’s existing contract and any amendments with EdgeSoft Inc., to provide data automation services and support for the Toxics Management Division from December 1, 2023 until November 31, 2028 in an amount not to exceed $128,375.

Financial Implications: CUPA Fund - $128,375
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 71,072–N.S.

Consent Calendar
Tuesday, October 10, 2023 MINUTES Page 6

8. Contract: Flock Safety to Provide ALPR Cameras Services Pursuant to Resolution No. 71,013-N.S.

From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Flock Safety to provide Automated License Plate Reader (ALPR) cameras services for the Berkeley Police Department (BPD), in an amount of $344,500 for a total contract amount not to exceed $425,000, and extending the term for a period of time of two years from the date of implementation.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,073–N.S.

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

9. Contract No. 32300191 Amendment: Pacific Site Management: Landscaping Services for Public Works and Health, Housing, and Community Services Department
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300191 with Pacific Site Management to increase the spending authority by $150,000 for a total not to exceed $260,000.

Financial Implications: See Report.

Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,074–N.S.

10. Contract No. 108037-1 Amendment: MSR Mechanical, LLC for on-call heating, ventilation and air conditioning services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an Amendment to Contract No. 108037-1, with MSR Mechanical LLC: to increase the contract amount by $350,000 for a total contract amount not to exceed $480,000; and to extend the contract term through June 30, 2025.

Financial Implications: Various Funds - $350,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,075–N.S.

Consent Calendar
Tuesday, October 10, 2023 MINUTES Page 7

11. Grant Application: Safe Routes to BART Grant Program for the Ohlone Greenway Modernization and Safety Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to: Submit a grant application to Bay Area Rapid Transit (BART) to receive up to $3 million from the Safe Routes to BART (SR2B) Grant Program to help close the funding gap for construction of safety-related improvements to the Ohlone Greenway shared-use pathway as part of the Ohlone Greenway Modernization and Safety Project; Accept the grants awarded; and Execute any resultant agreements and amendments.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,076–N.S.

12. Purchase Order: Western Truck Center for Four Front Loaders From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City to participate in Sourcewell contract bid procedures, and authorizing the City Manager to execute a purchase of four (4) Front Loaders with Western Truck Center in an amount not to exceed $2,050,000.

Financial Implications: Equipment Replacement Fund - $2,050,000 Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,077–N.S.

13. Renewal of the Elmwood Avenue BID for Calendar Year 2024 From: Elmwood Advisory Board
Recommendation: Adopt a Resolution approving the Elmwood Business Improvement District Advisory Board’s (hereafter “Elmwood BID Advisory Board” or “the Advisory Board”) recommendation that Council: 1) approve the 2023 Annual Report and preliminary budget for proposed improvements in the District for calendar year 2024; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2024 and 3) direct the City Clerk to schedule a public hearing on the renewal and expansion of the assessment area for November 14, 2023.

Financial Implications: See report
Contact: Kieron Slaughter, Commission Secretary, (510) 981-7530 Action: Adopted Resolution No. 71,078–N.S.

Consent Calendar
Tuesday, October 10, 2023 MINUTES Page 8

14. Renewal of the Solano Avenue BID for Calendar Year 2024 From: Solano Avenue BID Advisory Board
Recommendation: Adopt a Resolution approving the Solano Avenue Business Improvement District Advisory Board’s (hereafter “Solano BID Advisory Board” or “the Advisory Board”) recommendation that Council: 1) approve the 2023 Annual Report and preliminary budget on proposed improvements in the District for calendar year 2024; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2024; and 3) direct the City Clerk to schedule a public hearing on the renewal of the assessment for November 14, 2023.

Financial Implications: See report
Contact: Vincent McCoy, Commission Secretary, (510) 981-7530 Action: Adopted Resolution No. 71,079–N.S.

Recess 8:01 p.m. – 8:21 p.m.

Action Calendar – Continued Business
B. Status Report - Berkeley’s Financial Condition (FY 2012 – FY 2021): Pension Liabilities and Infrastructure Need Attention (Continued from October 3, 2023) From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: 3 speakers.

Information Reports

15. Fiscal Year 2024 Civic Arts Grant Awards
From: City Manager
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 2 speakers.

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

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

Councilmember Wengraf absent 8:58 p.m. – 9:00 p.m.

Adjourned at 9:00 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on October 10, 2023.

Tuesday, October 10, 2023 MINUTES Page 9
________________________
Mark Numainville, City Clerk
Communications
Fire Lessons

1. Barbara Gilbert

2. Susan Nunes

3. Kelly Hammargren
Parking Enforcement

4. Jesse McCaffrey
Camping in Parks

5. David Lerman
Waterfront Specific Plan

6. Robert Ofsevit
Southside Complete Streets

7. Dan Auten
Hazardous Waste Drop-off

8. David Lerman
Ohlone Path

9. Carol Denney
Bio Labs

10.Anne Herrick (2)

11.Biolab Watch
Cannabis Assessment

12.Ryan Whitacre
Golden Gate Fields

13.Judd Goodman
Crime

14.Melissa Jones

15.Nina Lyons
Event Signage

16.Isabella

Tuesday, October 10, 2023 MINUTES Page 10
Paving Funding

17.Eric Friedman
Signs Creating Blight

18.Justine Tenzeldam
Cycling and Pedestrian Upgrades

19.Heather Ball
Parking Ticket Error

20.Constance Hale
Electric Micromobility Permit

21.Todd Andrew
Trash Bills

22.Paul Worthman
Berkeley Today Event Invite

23.Beth Roessner, on behalf of Berkeley Chamber
URL’s Only

24.Vivian Warkentin
Supplemental Communications and Reports 1
Item #8: Contract: Flock Safety to Provide ALPR Cameras Services Pursuant to Resolution No. 71,013-N.S.

25.Jean Paul Bourdier
Supplemental Communications and Reports 2
Item #A: Amendments to Title 23 Relating to Accessory Dwelling Units (ADUs) and Repeal of Chapter 12.99 to Conform to State Law and Respond to Guidance from the California Department of Housing and Community Development

26.Todd Jersey

27.Theo Posselt

28.Kathleen Frumkin
Consent Calendar
Item #8: Contract: Flock Safety to Provide ALPR Cameras Services Pursuant to Resolution No. 71,013-N.S.

Tuesday, October 10, 2023 MINUTES Page 11

29.Sandy Lee

30.Sabina Ghimire

31.Sagar Jethani

32.Sarika Shinde

33.Jill Travis

34.Roberto Reynoso

35.Karen Skinner

36.Melissa Jones
Urgent Items
Relinquishment of Council Office Budget Funds to the General Fund and Grant of Such Funds to promote Chess on Telegraph Avenue

37.Urgent item, submitted by Councilmember Robinson
Opening the Dwight Triangle

38.Urgent item, submitted by Councilmember Robinson
Supplemental Communications and Reports 3
City Manager Comments

39.Presentation, Homeless Team Update
Item #A: Amendments to Title 23 Relating to Accessory Dwelling Units (ADUs) and Repeal of Chapter 12.99 to Conform to State Law and Respond to Guidance from the California Department of Housing and Community Development

40.George Lakoff
Item #8: Contract: Flock Safety to Provide ALPR Cameras Services Pursuant to Resolution No. 71,013-N.S.

41.Susan Dally

42.Talne

43.Lori Zavela

44.Jeannie Cecka

45.Grace Pokorny

46.Saralynn Ness

47.Ingrid Safranek
Item B: Status Report – Berkeley’s Financial Condition (FY 2012-FY 2021):

Pension Liabilities and Infrastructure Need Attention

48.Presentation, submitted by the Budget Office

49.Jenny Wong, City Auditor
Urgent Items
Opening the Dwight Triangle

50.Greg Hoff

51.Anawin Juntanamalaga

Tuesday, October 10, 2023 MINUTES Page 12

52.Doris Moskowitz, on behalf of Moe’s Books

53.Marc Weinstein, on behalf of Amoeba Music
Miscellaneous Communications

54.Messages from Mr. Eid

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
November 7, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Police Accountability Board – Appointment of New Member

RECOMMENDATION
Adopt a Resolution appointing a new member to the Police Accountability Board nominated by Councilmember Kesarwani.

FISCAL IMPACTS OF RECOMMENDATION
All commissioners are eligible to receive a stipend of $100 per meeting.

CURRENT SITUATION AND ITS EFFECTS
In June of 2021 the Mayor and Members of the City Council nominated and appointed the initial nine members of the PAB and also appointed one alternate commissioner.

There are currently two seats on the PAB that are vacant. The alternate seat is also vacant.

Councilmember Kesarwani has nominated Alexander Mozes to serve on the Police Accountability Board. Mr. Mozes meets the eligibility criteria in the City Charter and may be appointed by a majority vote of the Council.

Commissioner Nominated By
vacant Mayor Arreguin
vacant Councilmember Kesarwani
Regina Harris Councilmember Taplin
John Moore Councilmember Bartlett
Kitty Calavita Councilmember Harrison
Leah Wilson Councilmember Hahn
Juliet Leftwich Councilmember Wengraf
Joshua Cayetano Councilmember Robinson
Brent Blackaby Councilmember Humbert
vacant Alternate

Police Accountability Board – Appointment of Members CONSENT CALENDAR November 7, 2023

The City Charter provides for the appointment of members to the Police Accountability Board. Article XVIII, Section 125, Part 6 states, “The Mayor and each City Councilmember shall nominate one candidate from an applicant pool at a meeting of the City Council and that each individual nominee must be approved by a majority vote of the City Council.”
Members of the Police Accountability Board must:
 Be a resident of the City;
 Be at least 18 years of age
 Not be an employee, officer, or contractor with the City, a current sworn police officer from any agency, or a current employee, official, or representative of an employee association representing sworn police officers; and
 Be fair minded and objective with a demonstrated commitment to community service.

The City Charter indicates that desirable qualities of a Board member are familiarity with human resources, law, police procedures, police oversight, or involvement in civil rights or community organizations and that the City Council shall endeavor to establish a Board that is broadly inclusive and reflective of race, ethnicity, age, gender identity, sexual orientation, economic status, neighborhoods, and various communities of interest in the City.

BACKGROUND
Measure II was adopted on November 3, 2020 by the voters of Berkeley to establish an Office of the Director of Police Accountability and create a new Police Accountability Board (hereafter “Board”), both of which are independent of the City Manager. The members of the Board are approved by vote of the full Council.

All applicants are reviewed and their eligibility is verified by city staff against the requirements of the Charter.

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 appointment is provided for by the City Charter and pursuant to the nomination submitted by Councilmember Robinson.

ALTERNATIVE ACTIONS CONSIDERED
None.

Police Accountability Board – Appointment of Members CONSENT CALENDAR November 7, 2023

CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:
1: Resolution

RESOLUTION NO. -N.S.

APPOINTMENT OF ALEXANDER MOZES TO THE POLICE ACCOUNTABILITY BOARD
WHEREAS, Measure II was adopted on November 3, 2020 by the voters of Berkeley to create a new Police Accountability Board; and
WHEREAS, Article XVIII, Section 125, Part 6 provides for the Council’s appointment of board members; and
WHEREAS, the Councilmember Kesarwani submitted a nominee for appointment by the full council; and
NOW THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that the following applicant is hereby appointed to the Police Accountability Board:

Nominee Nominated By
Alexander Mozes Councilmember Kesarwani

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: https://berkeleyca.gov/

CONSENT CALENDAR
November 7, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Director, Fire Chief
Subject: Grant-Funded Expenditure Contract: O2X Human Performance to Hire a Behavioral Health and Nutritional Health Specialist in Support of NFPA 1582 and 1583

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with O2X Human Performance to provide full-time behavioral and nutritional health services for the Berkeley Fire Department) for a two (2) year contract period that starts November 8, 2023, and ends on November 8, 2025, in an amount not to exceed $840,000 with the option to extend two (2) additional years via FEMA’s amendment process to November 8, 2027.

FISCAL IMPACTS OF RECOMMENDATION
The City was awarded Assistance to Firefighters Grant (AFG) funds on August 7, 2023.

The total grant award is $840,000: Federal portion is $763,636.36 and the Non-Federal portion, or cost share is $76,363.64. The designated budget code for this grant is FEMA fund 340-72-742-836-0000-000-000-431110-/FUND$ Revenue Code: 618-6404-331- 1238.

CURRENT SITUATION AND ITS EFFECTS
The Department applied for and was awarded a FEMA Assistance to Firefighters Grant (AFG) in support of the Department’s current Wellness and Fitness Program, specifically addressing the Nutrition and Behavioral Health as outlined in NFPA 1582/1583. The term of the grant is 24 months, but the term may be extended following approval from FEMA.

Excellence in emergency response requires more than just physical strength and technical expertise. It demands mental resilience, sharp decision-making skills, and a holistic approach to overall well-being.

Mental Performance Coaching involves training to develop mental skills such as focus, confidence, resilience, and managing emotions. These skills can help responders at all levels perform better under pressure, overcome obstacles, and manage stress and anxiety.

[Grant-Funded Expenditure Contract-O2X Human Performance, LLC] CONSENT CALENDAR November 7, 2023

Nutrition coaching will focus on how individual responder’s metabolism goals, nutritional intervention aimed at correcting a serious health problem, moderating or eliminating alcohol consumption, and moderating fluctuations in glucose and insulin levels.

BACKGROUND
The Contractor, O2X Human Performance is currently providing wellness and fitness services for both the Police and Fire Departments procured via Specification No. 20- 11380-C. Because this grant award specifically funds new programs directly associated with the current scope of O2X’s work, but were not specifically detailed in the original RFP, these new services will be covered in a separate expenditure contract.

First responders experience higher rates of chronic medical and psychological injuries and illnesses than the general population. These issues are often directly correlated to shift work, traumatic experiences and stress, and exposure to carcinogens (Daniels, 2013) (Sritharan, 2017).

Over the past decades, more funding, along with increased media exposure on these topics, has made admissions that there are direct correlations between mental health conditions and public safety work more acceptable. Establishing and maintaining a complete annual physical and wellness program is critical in reducing lost time, befalling mental illness, abusing substances and preventing or detecting long-term chronic health conditions including diabetes, cancer and heart disease within the first responder population.

Wellness programs have reduced healthcare and workers compensation costs associated with injuries and illness. Additionally, responders that are healthy (medically and psychiatrically) are more resilient, make better decisions and are more likely to be at work. O2X Human Performance will provide services vital in continuing the Department’s Wellness Program by adding onsite behavioral and nutritional health services. Both of these services increase job performance, support healthy lifestyles and increase the resilience of our emergency responders.

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

RATIONALE FOR RECOMMENDATION
The City conducted a competitive bid process in 2020 (Specification No. 20-113380-C) and O2X Human Performance successfully met the bid requirements and ranked highest among all bidders. They are also performing similar services for other agencies such as the City of West Palm Beach, Norfolk Fire-Rescue, Loudoun County Fire and Building Homes for Heroes.

The grant award will allow an enhancement to the current services O2X Human Performance provides. By affording a long-term relationship with a vendor that is committed to providing high quality physical and mental wellness programming that has

[Grant-Funded Expenditure Contract-O2X Human Performance, LLC] CONSENT CALENDAR November 7, 2023

been proven to prevent acute and chronic conditions that may otherwise go unidentified by internal peer-based programs.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSONS
David Sprague, Fire Chief, (510) 981-3473
Attachments:

1. Resolution

2. FEMA Award Letter, EMW-2022-FG-00868

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

GRANT-FUNDED EXPENDITURE CONTRACT: O2X HUMAN PERFORMANCE, LLC

FOR ADDITIONAL BEHAVIORAL AND NUTRITIONAL HEALTH SERVICES IN SUPPORT OF NFPA 1582/1583
WHEREAS, O2X Human Performance LLC was selected by the City via the RFP process in 2021 (Specification No. 20-11380-C), and their wellness and fitness services were contracted on March 3, 2022 (Contract No. 32200157), and they currently provide said services for both the Fire and Police Departments; and
WHEREAS, on August 8, 2023, FEMA awarded the City $840,000 ($763,636.36 in Federal funds and $76,363.64 in Non-Federal funds). The Fire Department would like to enhance their current wellness and fitness goals by contracting additional related services offered by O2X Human Performance; and
WHEREAS, first responders have a higher rate of chronic medical and psychological injury and illnesses that have been directly correlated to shift work, traumatic experiences and stress, and exposure to carcinogens; and
WHEREAS, shift work has been associated with higher rates of certain types of cancer, type II diabetes, heart disease, stroke, metabolic disorders, sleep disorders, increased risk for reproductive issues, such as irregular menstrual cycles, miscarriage, and preterm birth, chronic stress and depression; and
WHEREAS, PTSD and depression rates among firefighters and police officers have been found to be as much as 5 times higher than the rates within the civilian population, which causes these first responders to commit suicide at a considerably higher rate (firefighters:
18/100,000; general population 13/100,000); and
WHEREAS, first responders that are healthy (medically and psychiatrically) are more resilient, make better decisions and are more likely to be at work; and WHEREAS, wellness programs have been proven to reduce healthcare and workers compensation costs associated with injuries and illness.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a grant-funded contract and any amendments with 02X Human Performance, LLC (Contractor) to provide behavioral and nutritional health services for the Berkeley Fire Department) for a two (2) year contract period that starts November 8, 2023, and ends on November 8, 2025, in an amount not to exceed $840,000 with the option to extend two (2) additional years via FEMA’s amendment process to November 8, 2027.

Award Letter
U.S. Department of Homeland Security
Washington, D.C. 20472
Effective date: 08/07/2023
Cynthia McClellan

CITY OF BERKELEY
2180 MILVIA STREET 3RD FLOOR
BERKELEY, CA 94704
EMW-2022-FG-00868
Dear Cynthia McClellan,
Congratulations on behalf of the Department of Homeland Security. Your application submitted for the Fiscal Year (FY) 2022 Assistance to Firefighters Grant (AFG) Grant funding opportunity has been approved in the amount of $763,636.36 in Federal funding. As a condition of this grant, you are required to contribute non-Federal funds equal to or greater than 10.0% of the Federal funds awarded, or $76,363.64 for a total approved budget of $840,000.00. Please see the FY 2022 AFG Notice of Funding Opportunity for information on how to meet this cost share requirement.

Before you request and receive any of the Federal funds awarded to you, you must establish acceptance of the award through the FEMA Grants Outcomes (FEMA GO) system. By accepting this award, you acknowledge that the terms of the following documents are incorporated into the terms of your award:

Summary Award Memo - included in this document
Agreement Articles - included in this document
Obligating Document - included in this document
2022 AFG Notice of Funding Opportunity (NOFO) - incorporated by reference Please make sure you read, understand, and maintain a copy of these documents in your official file for this award.

Sincerely,

PAMELA WILLIAMS
Assistant Administrator, Grant Programs

Summary Award Memo
Program: Fiscal Year 2022 Assistance to Firefighters Grant Recipient: CITY OF BERKELEY
UEI-EFT: KC7DYLV9EF25
DUNS number: 076529924
Award number: EMW-2022-FG-00868
Summary description of award
The purpose of the Assistance to Firefighters Grant program is to protect the health and safety of the public and firefighting personnel against fire and fire-related hazards. After careful consideration, FEMA has determined that the recipient's project or projects submitted as part of the recipient's application and detailed in the project narrative as well as the request details section of the application - including budget information - was consistent with the Assistance to Firefighters Grant Program's purpose and was worthy of award.

Except as otherwise approved as noted in this award, the information you provided in your application for Fiscal Year (FY) 2022 Assistance to Firefighters Grants funding is incorporated into the terms and conditions of this award. This includes any documents submitted as part of the application.

Amount awarded table
The amount of the award is detailed in the attached Obligating Document for Award.

The following are the budgeted estimates for object classes for this award (including Federal share plus your cost share, if applicable):

Approved scope of work
After review of your application, FEMA has approved the below scope of work. Justifications are provided for any differences between the scope of work in the original application and the approved scope of work under this award. You must submit scope or budget revision requests for FEMA's prior approval, via an amendment request, as appropriate per 2 C.F.R. § 200.308 and the FY2022 AFG NOFO.

Approved request details:

Wellness and fitness programs
Object Class Total
Personnel $0.00
Fringe benefits $0.00
Travel $0.00
Equipment $0.00
Supplies $0.00
Contractual $840,000.00
Construction $0.00
Other $0.00
Indirect charges $0.00
Federal $763,636.36
Non-federal $76,363.64
Total $840,000.00
Program Income $0.00

Behavioral Health NFPA 1500 or equivalent

DESCRIPTION
The Berkeley Fire Department (BFD) is implementing a holistic NFPA 1582/1583 compliant employee Wellness, Fitness and Human Performance Program and is requesting $840,000 in grant funds for full-time behavioral health counseling and full-time nutritional counseling for the 24-month grant period. These services will be procured through a contract(s).

QUANTITY UNIT PRICE TOTAL
2 $420,000.00 $840,000.00

BUDGET CLASS
Contractual

CHANGE FROM APPLICATION
Item from Additional funding to Behavioral Health NFPA 1500 or equivalent

JUSTIFICATION
The award reflects an update in line-item from Additional Funding to Behavioral Health.

Agreement Articles
Program: Fiscal Year 2022 Assistance to Firefighters Grant Recipient: CITY OF BERKELEY
UEI-EFT: KC7DYLV9EF25
DUNS number: 076529924
Award number: EMW-2022-FG-00868
Table of contents

Article
1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
Article
2 General Acknowledgements and Assurances
Article
3 Acknowledgement of Federal Funding from DHS
Article
4 Activities Conducted Abroad
Article
5 Age Discrimination Act of 1975
Article
6 Americans with Disabilities Act of 1990
Article
7 Best Practices for Collection and Use of Personally Identifiable Information Article
8 Civil Rights Act of 1964 – Title VI
Article
9 Civil Rights Act of 1968
Article
10 Copyright
Article
11 Debarment and Suspension
Article
12 Drug-Free Workplace Regulations
Article
13 Duplication of Benefits
Article
14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX Article
15 E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety
Article
16 Energy Policy and Conservation Act
Article
17 False Claims Act and Program Fraud Civil Remedies
Article
18 Federal Debt Status
Article
19 Federal Leadership on Reducing Text Messaging while Driving Article
20 Fly America Act of 1974
Article
21 Hotel and Motel Fire Safety Act of 1990
Article
22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Article
23 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Article
24 Lobbying Prohibitions
Article
25 National Environmental Policy Act

Article
26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations Article
27 Non-Supplanting Requirement
Article
28 Notice of Funding Opportunity Requirements
Article
29 Patents and Intellectual Property Rights
Article
30 Procurement of Recovered Materials
Article
31 Rehabilitation Act of 1973
Article
32 Reporting of Matters Related to Recipient Integrity and Performance Article
33 Reporting Subawards and Executive Compensation
Article
34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Article
35 SAFECOM
Article
36 Terrorist Financing
Article
37 Trafficking Victims Protection Act of 2000 (TVPA)
Article
38 Universal Identifier and System of Award Management
Article
39 USA PATRIOT Act of 2001
Article
40 Use of DHS Seal, Logo and Flags
Article
41 Whistleblower Protection Act
Article
42 Environmental Planning and Historic Preservation (EHP) Review Article
43 Applicability of DHS Standard Terms and Conditions to Tribes Article
44 Acceptance of Post Award Changes
Article
45 Disposition of Equipment Acquired Under the Federal Award Article
46 Prior Approval for Modification of Approved Budget
Article
47 Indirect Cost Rate
Article
48 Award Performance Goals

Article 1 Assurances, Administrative Requirements, Cost Principles, Representations and Certifications
I. DHS financial assistance recipients must complete either the Office of Management and Budget (OMB) Standard Form 424B Assurances – Non- Construction Programs, or OMB Standard Form 424D Assurances – Construction Programs, as applicable. Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance office (DHS FAO) may require applicants to certify additional assurances. Applicants are required to fill out the assurances as instructed by the awarding agency. II.

DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards located at Title 2, Code of Federal Regulations (C.F.R.) Part 200 and adopted by DHS at 2 C.F.R.Part 3002. III.

By accepting this agreement, recipients, and their executives, as defined in 2 C.F.R. § 170.315, certify that their policies are in accordance with OMB’s guidance located at 2 C.F.R. Part 200, all applicable federal laws, and relevant Executive guidance.

Article 2 General Acknowledgements and Assurances
All recipients, subrecipients, successors, transferees, and assignees must acknowledge and agree to comply with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and staff. I.

Recipients must cooperate with any DHS compliance reviews or compliance investigations conducted by DHS. II. Recipients must give DHS access to examine and copy records, accounts, and other documents and sources of information related to the federal financial assistance award and permit access to facilities or personnel. III. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. IV. Recipients must comply with all other special reporting, data collection, and evaluation requirements, as prescribed by law, or detailed in program guidance. V. Recipients (as defined in 2 C.F.R. Part 200 and including recipients acting as pass-through entities) of federal financial assistance from DHS or one of its awarding component agencies must complete the DHS Civil Rights Evaluation Tool within thirty (30) days of receipt of the Notice of Award for the first award under which this term applies. Recipients of multiple awards of DHS financial assistance should only submit one completed tool for their organization, not per award. After the initial submission, recipients are required to complete the tool once every two (2) years if they have an active award, not every time an award is made.

Recipients should submit the completed tool, including supporting materials, to [email protected]. This tool clarifies the civil rights obligations and related reporting requirements contained in the DHS Standard Terms and Conditions. Subrecipients are not required to complete and submit this tool to DHS. The evaluation tool can be found at https://www.dhs.gov/publication/dhs- civil-rights-evaluation-tool. DHS Civil Rights Evaluation Tool | Homeland Security. The DHS Office for Civil Rights and Civil Liberties will consider, in its discretion, granting an extension if the recipient identifies steps and a timeline for completing the tool. Recipients should request extensions by emailing the request to [email protected] prior to expiration of the 30-day deadline.

Article 3 Acknowledgement of Federal Funding from DHS
Recipients must acknowledge their use of federal funding when issuing statements, press releases, requests for proposal, bid invitations, and other documents describing projects or programs funded in whole or in part with federal funds.

Article 4 Activities Conducted Abroad
Recipients must ensure that project activities performed outside the United States are coordinated as necessary with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.

Article 5 Age Discrimination Act of 1975
Recipients must comply with the requirements of the Age Discrimination Act of 1975, Public Law 94-135 (1975) (codified as amended at Title 42, U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving federal financial assistance.

Article 6 Americans with Disabilities Act of 1990
Recipients must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, Pub. L. 101-336 (1990) (codified as amended at 42 U.S.C. §§ 12101– 12213), which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities.

Article 7 Best Practices for Collection and Use of Personally Identifiable Information
Recipients who collect personally identifiable information (PII) are required to have a publicly available privacy policy that describes standards on the usage and maintenance of the PII they collect. DHS defines PII as any information that permits the identity of an individual to be directly or indirectly inferred, including any information that is linked or linkable to that individual. Recipients may also find the DHS Privacy Impact Assessments: Privacy Guidance and Privacy Template as useful resources respectively.

Article 8 Civil Rights Act of 1964 – Title VI
Recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (codified as amended at 42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance. DHS implementing regulations for the Act are found at 6 C.F.R. Part 21 and 44 C.F.R. Part 7.

Article 9 Civil Rights Act of 1968
Recipients must comply with Title VIII of the Civil Rights Act of 1968, Pub. L. 90-284, as amended through Pub. L. 113-4, which prohibits recipients from discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (see 42 U.S.C. § 3601 et seq.), as implemented by the U.S. Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)—be designed and constructed with certain accessible features. (See 24 C.F.R. Part 100, Subpart D.)

Article 10 Copyright
Recipients must affix the applicable copyright notices of 17 U.S.C. §§ 401 or 402 and an acknowledgement of U.S. Government sponsorship (including the award number) to any work first produced under federal financial assistance awards.

Article 11 Debarment and Suspension
Recipients are subject to the non-procurement debarment and suspension regulations implementing Executive Orders (E.O.) 12549 and 12689, which are at 2 C.F.R. Part 180 as adopted by DHS at 2 C.F.R. Part 3002. These regulations restrict federal financial assistance awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities.

Article 12 Drug-Free Workplace Regulations
Recipients must comply with drug-free workplace requirements in Subpart B (or Subpart C, if the recipient is an individual) of 2 C.F.R. Part 3001, which adopts the Government-wide implementation (2 C.F.R. Part 182) of Sec. 5152- 5158 of the Drug-Free Workplace Act of 1988 (41 U.S.C. §§ 8101-8106).

Article 13 Duplication of Benefits
Any cost allocable to a particular federal financial assistance award provided for in 2 C.F.R. Part 200, Subpart E may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons. However, these prohibitions would not preclude recipients from shifting costs that are allowable under two or more awards in accordance with existing federal statutes, regulations, or the federal financial assistance award terms and conditions may not be charged to other federal financial assistance awards to overcome fund deficiencies; to avoid restrictions imposed by federal statutes, regulations, or federal financial assistance award terms and conditions; or for other reasons.

Article 14 Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX
Recipients must comply with the requirements of Title IX of the Education Amendments of 1972, Pub. L. 92-318 (1972) (codified as amended at 20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and 44 C.F.R. Part 19.

Article 15 E.O. 14074 – Advancing Effective, Accountable Policing and Criminal Justice Practices to Enhance Public Trust and Public Safety Recipient State, Tribal, local, or territorial law enforcement agencies must comply with the requirements of section 12(c) of E.O. 14074. Recipient State, Tribal, local, or territorial law enforcement agencies are also encouraged to adopt and enforce policies consistent with E.O. 14074 to support safe and effective policing.

Article 16 Energy Policy and Conservation Act
Recipients must comply with the requirements of the Energy Policy and Conservation Act, Pub. L. 94- 163 (1975) (codified as amended at 42 U.S.C. § 6201 et seq.), which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act.

Article 17 False Claims Act and Program Fraud Civil Remedies Recipients must comply with the requirements of the False Claims Act, 31 U.S.C. §§3729- 3733, which prohibit the submission of false or fraudulent claims for payment to the Federal Government. (See 31 U.S.C. §§ 3801-3812, which details the administrative remedies for false claims and statements made.)
Article 18 Federal Debt Status
All recipients are required to be non-delinquent in their repayment of any federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. (See OMB Circular A- 129.)
Article 19 Federal Leadership on Reducing Text Messaging while Driving Recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in E.O. 13513, including conducting initiatives described in Section 3(a) of the Order when on official government business or when performing any work for or on behalf of the Federal Government.

Article 20 Fly America Act of 1974
Recipients must comply with Preference for U.S. Flag Air Carriers (air carriers holding certificates under 49 U.S.C.) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974, 49 U.S.C. § 40118, and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942.

Article 21 Hotel and Motel Fire Safety Act of 1990
Recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with the fire prevention and control guidelines of Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. § 2225a
Article 22 John S. McCain National Defense Authorization Act of Fiscal Year 2019 Recipients, subrecipients, and their contractors and subcontractors are subject to the prohibitions described in section 889 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232 (2018) and 2 C.F.R. §§ 200.216, 200.327, 200.471, and Appendix II to 2 C.F.R. Part 200. Beginning August 13, 2020, the statute – as it applies to DHS recipients, subrecipients, and their contractors and subcontractors – prohibits obligating or expending federal award funds on certain telecommunications and video surveillance products and contracting with certain entities for national security reasons
Article 23 Limited English Proficiency (Civil Rights Act of 1964, Title VI) Recipients must comply with Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.) prohibition against discrimination on the basis of national origin, which requires that recipients of federal financial assistance take reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. For additional assistance and information regarding language access obligations, please refer to the DHS Recipient Guidance: https://www.dhs.gov/guidance- published-help- department- supported-organizations-provide-meaningful-access-people- limited and additional resources on http://www.lep.gov.

Article 24 Lobbying Prohibitions
Recipients must comply with 31 U.S.C. § 1352, which provides that none of the funds provided under a federal financial assistance award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with any federal action related to a federal award or contract, including any extension, continuation, renewal, amendment, or modification.

Article 25 National Environmental Policy Act
Recipients must comply with the requirements of the National Environmental Policy Act of 1969, (NEPA) Pub. L. 91-190 (1970) (codified as amended at 42 U.S.C. § 4321 et seq. and the Council on Environmental Quality (CEQ) Regulations for Implementing the Procedural Provisions of NEPA, which require recipients to use all practicable means within their authority, and consistent with other essential considerations of national policy, to create and maintain conditions under which people and nature can exist in productive harmony and fulfill the social, economic, and other needs of present and future generations of Americans

Article 26 Nondiscrimination in Matters Pertaining to Faith-Based Organizations It is DHS policy to ensure the equal treatment of faith-based organizations in social service programs administered or supported by DHS or its component agencies, enabling those organizations to participate in providing important social services to beneficiaries. Recipients must comply with the equal treatment policies and requirements contained in 6 C.F.R. Part 19 and other applicable statues, regulations, and guidance governing the participations of faith- based organizations in individual DHS programs.

Article 27 Non-Supplanting Requirement
Recipients receiving federal financial assistance awards made under programs that prohibit supplanting by law must ensure that federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non- federal sources.

Article 28 Notice of Funding Opportunity Requirements
All the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity (NOFO) for this program are incorporated here by reference in the award terms and conditions. All recipients must comply with any such requirements set forth in the program NOFO.

Article 29 Patents and Intellectual Property Rights
Recipients are subject to the Bayh-Dole Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

Article 30 Procurement of Recovered Materials
States, political subdivisions of states, and their contractors must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. 89-272 (1965), (codified as amended by the Resource Conservation and Recovery Act, 42 U.S.C. § 6962.) The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition.

Article 31 Rehabilitation Act of 1973
Recipients must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, Pub. L. 93-112 (1973), (codified as amended at 29 U.S.C. § 794,) which provides that no otherwise qualified handicapped individuals in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance.

Article 32 Reporting of Matters Related to Recipient Integrity and Performance General Reporting Requirements: If the total value of any currently active grants, cooperative agreements, and procurement contracts from all federal awarding agencies exceeds $10,000,000 for any period of time during the period of performance of this federal award, then the recipients must comply with the requirements set forth in the government-wide Award Term and Condition for Recipient Integrity and Performance Matters located at 2 C.F.R.

Part 200, Appendix XII, the full text of which is incorporated here by reference in the award terms and conditions.

Article 33 Reporting Subawards and Executive Compensation Reporting of first tier subawards. Recipients are required to comply with the requirements set forth in the government-wide award term on Reporting Subawards and Executive Compensation located at 2 C.F.R. Part 170, Appendix A, the full text of which is incorporated here by reference in the award terms and conditions.

Article 34 Required Use of American Iron, Steel, Manufactured Products, and Construction Materials
Recipients must comply with the “Build America, Buy America” provisions of the Infrastructure Investment and Jobs Act and E.O. 14005. Recipients of an award of Federal financial assistance from a program for infrastructure are hereby notified that none of the funds provided under this award may be used for a project for infrastructure unless: (1) all iron and steel used in the project are produced in the United States--this means all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States; (2) all manufactured products used in the project are produced in the United States—this means the manufactured product was manufactured in the United States; and the cost of the components of the manufactured product that are mined, produced, or manufactured in the United States is greater than 55 percent of the total cost of all components of the manufactured product, unless another standard for determining the minimum amount of domestic content of the manufactured product has been established under applicable law or regulation; and (3) all construction materials are manufactured in the United States—this means that all manufacturing processes for the construction material occurred in the United States. The Buy America preference only applies to articles, materials, and supplies that are consumed in, incorporated into, or affixed to an infrastructure project. As such, it does not apply to tools, equipment, and supplies, such as temporary scaffolding, brought to the construction site and removed at or before the completion of the infrastructure project. Nor does a Buy America preference apply to equipment and furnishings, such as movable chairs, desks, and portable computer equipment, that are used at or within the finished infrastructure project but are not an integral part of the structure or permanently affixed to the infrastructure project. Waivers When necessary, recipients may apply for, and the agency may grant, a waiver from these requirements.

Information on the process for requesting a waiver from these requirements is on the website below. (a) When the federal agency has made a determination that one of the following exceptions applies, the awarding official may waive the

application of the domestic content procurement preference in any case in which the agency determines that: (1) applying the domestic content procurement preference would be inconsistent with the public interest; (2) the types of iron, steel, manufactured products, or construction materials are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or (3) the inclusion of iron, steel, manufactured products, or construction materials produced in the United States will increase the cost of the overall project by more than 25 percent. A request to waive the application of the domestic content procurement preference must be in writing.

The agency will provide instructions on the format, contents, and supporting materials required for any waiver request. Waiver requests are subject to public comment periods of no less than 15 days and must be reviewed by the Made in America Office. There may be instances where an award qualifies, in whole or in part, for an existing waiver described at “Buy America” Preference in FEMA Financial Assistance Programs for Infrastructure | FEMA.gov. The awarding Component may provide specific instructions to Recipients of awards from infrastructure programs that are subject to the “Build America, Buy America” provisions. Recipients should refer to the Notice of Funding Opportunity for further information on the Buy America preference and waiver process.

Article 35 SAFECOM
Recipients receiving federal financial assistance awards made under programs that provide emergency communication equipment and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants, including provisions on technical standards that ensure and enhance interoperable communications.

Article 36 Terrorist Financing
Recipients must comply with E.O. 13224 and U.S. laws that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. Recipients are legally responsible to ensure compliance with the Order and laws.

Article 37 Trafficking Victims Protection Act of 2000 (TVPA) Trafficking in Persons. Recipients must comply with the requirements of the government-wide financial assistance award term which implements Section 106 (g) of the Trafficking Victims Protection Act of 2000 (TVPA), codified as amended at 22 U.S.C. § 7104. The award term is located at 2 C.F.R. § 175.15, the full text of which is incorporated here by reference.

Article 38 Universal Identifier and System of Award Management Requirements for System for Award Management and Unique Entity Identifier Recipients are required to comply with the requirements set forth in the government-wide financial assistance award term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R.

Part 25, Appendix A, the full text of which is incorporated here by reference.

Article 39 USA PATRIOT Act of 2001
Recipients must comply with requirements of Section 817 of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c.

Article 40 Use of DHS Seal, Logo and Flags
Recipients must obtain permission from their DHS FAO prior to using the DHS seal(s), logos, crests or reproductions of flags or likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or reproductions of flags or likenesses of Coast Guard officials.

Article 41 Whistleblower Protection Act
Recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. § 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310.

Article 42 Environmental Planning and Historic Preservation (EHP) Review DHS/FEMA funded activities that may require an Environmental Planning and Historic Preservation (EHP) review are subject to the FEMA EHP review process. This review does not address all federal, state, and local requirements. Acceptance of federal funding requires the recipient to comply with all federal, state and local laws. DHS/FEMA is required to consider the potential impacts to natural and cultural resources of all projects funded by DHS/FEMA grant funds, through its EHP review process, as mandated by: the National Environmental Policy Act; National Historic Preservation Act of 1966, as amended; National Flood Insurance Program regulations; and any other applicable laws and executive orders. General guidance for FEMA’s EHP process is available on the DHS/FEMA Website. Specific applicant guidance on how to submit information for EHP review depends on the individual grant program and applicants should contact their grant Program Officer to be put into contact with EHP staff responsible for assisting their specific grant program. The EHP review process must be completed before funds are released to carry out the proposed project; otherwise, DHS/FEMA may not be able to fund the project due to noncompliance with EHP laws, executive orders, regulations, and policies. If ground disturbing activities occur during construction, applicant will monitor ground disturbance, and if any potential archaeological resources are discovered the applicant will immediately cease work in that area and notify the pass-through entity, if applicable, and DHS/FEMA.

Article 43 Applicability of DHS Standard Terms and Conditions to Tribes The DHS Standard Terms and Conditions are a restatement of general requirements imposed upon recipients and flow down to sub-recipients as a matter of law, regulation, or executive order. If the requirement does not apply to Indian tribes or there is a federal law or regulation exempting its application to Indian tribes, then the acceptance by Tribes of, or acquiescence to, DHS Standard Terms and Conditions does not change or alter its inapplicability to an Indian tribe. The execution of grant documents is not intended to change, alter, amend, or impose additional liability or responsibility upon the Tribe where it does not already exist.

Article 44 Acceptance of Post Award Changes
In the event FEMA determines that changes are necessary to the award document after an award has been made, including changes to period of performance or terms and conditions, recipients will be notified of the changes in writing. Once notification has been made, any subsequent request for funds will indicate recipient acceptance of the changes to the award. Please call the FEMA/ GMD Call Center at (866) 927-5646 or via e-mail to: ASK- [email protected] if you have any questions.

Article 45 Disposition of Equipment Acquired Under the Federal Award For purposes of original or replacement equipment acquired under this award by a non-state recipient or non-state sub-recipients, when that equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal awarding agency, you must request instructions from FEMA to make proper disposition of the equipment pursuant to 2 C.F.R. section 200.313. State recipients and state sub-recipients must follow the disposition requirements in accordance with state laws and procedures.

Article 46 Prior Approval for Modification of Approved Budget Before making any change to the FEMA approved budget for this award, you must request prior written approval from FEMA where required by 2 C.F.R. section 200.308. For purposes of non-construction projects, FEMA is utilizing its discretion to impose an additional restriction under 2 C.F.R. section 200.308(f) regarding the transfer of funds among direct cost categories, programs, functions, or activities. Therefore, for awards with an approved budget where the federal share is greater than the simplified acquisition threshold (currently $250,000), you may not transfer funds among direct cost categories, programs, functions, or activities without prior written approval from FEMA where the cumulative amount of such transfers exceeds or is expected to exceed ten percent (10%) of the total budget FEMA last approved. For purposes of awards that support both construction and non-construction work, FEMA is utilizing its discretion under 2 C.F.R. section 200.308(h)(5) to require the recipient to obtain prior written approval from FEMA before making any fund or budget transfers between the two types of work. You must report any deviations from your FEMA approved budget in the first Federal Financial Report (SF-425) you submit following any budget deviation, regardless of whether the budget deviation requires prior written approval.

Article 47 Indirect Cost Rate
2 C.F.R. section 200.211(b)(15) requires the terms of the award to include the indirect cost rate for the federal award. If applicable, the indirect cost rate for this award is stated in the budget documents or other materials approved by FEMA and included in the award file.

Article 48 Award Performance Goals
FEMA will measure the recipient’s performance of the grant by comparing the number of items requested in its application, the numbers acquired (ordered, paid, and received) within the period of performance. In order to measure performance, FEMA may request information throughout the period of performance. In its final performance report submitted at closeout, the recipient is required to report on the recipients compliance with the applicable industry, local, state and national standards described in the NOFO.

Obligating document

1. Agreement
No.

EMW-2022-FG-
00868

2. Amendment
No.

N/A

3. Recipient
No.
946000299

4. Type of
Action
AWARD

5. Control No.

WX01191N2023T

6. Recipient Name and
Address

CITY OF BERKELEY
2180 MILVIA ST
BERKELEY, CA 94704

7. Issuing FEMA Office and
Address
Grant Programs Directorate
500 C Street, S.W.

Washington DC, 20528-7000
1-866-927-5646

8. Payment Office and
Address
FEMA, Financial Services
Branch
500 C Street, S.W., Room
723
Washington DC, 20742

9. Name of Recipient
Project Officer
Cynthia McClellan
9a. Phone
No.
510-
9093182

10. Name of FEMA Project
Coordinator
Assistance to Firefighters Grant
Program
10a. Phone
No.
1-866-274-
0960

11. Effective Date of
This Action
08/07/2023

12. Method of
Payment

OTHER - FEMA
GO

13. Assistance
Arrangement

COST SHARING

14. Performance
Period
08/14/2023 to
08/13/2025
Budget Period
08/14/2023 to
08/13/2025

15. Description of Action a. (Indicate funding data for awards or financial changes)
Program
Name
Abbreviation
Assistance
Listings
No.

Accounting
Data(ACCS
Code)
Prior
Total
Award
Amount
Awarded
This Action
+ or (-)
Current
Total
Award
Cumulative
Non-Federal
Commitment
AFG 97.044
2023-F2-
GB01 -
P410-xxxx-
4101-D
$0.00 $763,636.36 $763,636.36 $76,363.64
Totals $0.00 $763,636.36 $763,636.36 $76,363.64
b. To describe changes other than funding data or financial changes, attach schedule and check here:

N/A

16.FOR NON-DISASTER PROGRAMS: RECIPIENT IS REQUIRED TO SIGN AND
RETURN THREE (3) COPIES OF THIS DOCUMENT TO FEMA (See Block 7 for address)
This field is not applicable for digitally signed grant agreements

17. RECIPIENT SIGNATORY OFFICIAL (Name and Title)
Cynthia McClellan
DATE
08/11/2023

18. FEMA SIGNATORY OFFICIAL (Name and Title)
PAMELA WILLIAMS, Assistant Administrator, Grant Programs DATE
08/07/2023

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
November 7, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague Chief, Fire Department
Subject: Purchase Order: Water Tender from Golden State Fire Apparatus, Inc.

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a purchase order with Golden State Fire Apparatus, Inc in an amount not to exceed $504,110.40 for the purchase of 3,000-gallon water tender to support the City’s efforts improve its capacity to respond to wildfire.

FISCAL IMPACTS OF RECOMMENDATION
The purchase price of water tender will not exceed $504,110.40. This total includes state and local sales taxes. Funding for the purchase of this piece of apparatus is available in the Department’s baseline budget in Measure Q.

CURRENT SITUATION AND ITS EFFECTS
On October 4, 2022 the Department was contacted by Golden State with the opportunity to purchase a Stock/Demo unit for a Pierce Manufacturing, Inc. STOCK Kenworth 3,000 Gallon Tender under HGAC Consortium Purchase – Contract FS12-19, Product Code FS19VE09.

BACKGROUND
The Department has identified water supply, or lack thereof, as a critical issue for any post- earthquake fire suppression activity and/or any fire suppression that needs to occur specifically in the adjacent wildland areas to the City. While these lands are not within the City’s jurisdiction, City firefighters will be some of the first on scene to support firefighters from the East Bay Regional Park District and other regional departments. It is also in the City’s best interest to deploy a large number of resources to such incidents because – in the right weather conditions – a fire ignited in this area could move quickly West in to the City proper.

For three years the Department has been trying to acquire a vehicle that is capable of storing 3,000 gallons of water that can be deployed immediately to any location within or adjacent to the City to make a quick attack on a fire. Due to Pandemic related supply chain shortages, the chassis this type of vehicle is built upon has not been available.

Purchase Order: Water Tender from Golden State Fire Apparatus, Inc. CONSENT CALENDAR January 31, 2023

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This acquisition contributes to our social responsibility to conserve natural resources and protect our ecosystem by supporting its health and wellbeing now and in the future.

RATIONALE FOR RECOMMENDATION
Acquiring a vehicle to transport a large volume of firefighting water has been a longstanding goal for the Department, a goal within the City’s Community Wildfire Protection Plan (CWPP), and helps support the following goals within the City’s Strategic Plan:
 Be a global leader in addressing climate change, advancing environmental justice, and protecting the environment
 Provide state-of-the-art, well-maintained infrastructure, amenities, and facilities  Create a resilient, safe, connected, and prepared City

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
David Sprague, Fire Chief, 510-981-3473
Attachments:
1: Resolution

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

PURCHASE ORDER: WATER TENDER FROM GOLDEN STATE FIRE APPARATUS, INC.

WHEREAS, the Department has identified water supply, or lack thereof, as a critical issue for any post-earthquake fire suppression activity and/or any fire suppression that needs to occur specifically in the adjacent wildland areas to the City, and WHEREAS, while these lands are not within the City’s jurisdiction, City firefighters will be some of the first on scene to support firefighters from the East Bay Regional Park District and other regional departments, and
WHEREAS, it is also in the City’s best interest to deploy a large number of resources to such incidents because – in the right weather conditions – a fire ignited in this area could move quickly West in to the City proper, and
WHEREAS, for three years the Department has been trying to acquire a vehicle that is capable of storing 3,000 gallons of water that can be deployed immediately to any location within or adjacent to the City to make a quick attack on a fire. Due to Pandemic related supply chain shortages, the chassis this type of vehicle is built upon has not been available, and WHEREAS, on October 4, 2022 the Department was contacted by Golden State with the opportunity to purchase a Stock/Demo unit for a Pierce Manufacturing, Inc. STOCK Kenworth 3,000 Gallon Tender under HGAC Consortium Purchase – Contract FS12-19, Product Code FS19VE09.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to execute a purchase order with Golden State Fire Apparatus, Inc in an amount not to exceed $504,110.40 for the purchase of 3,000-gallon water tender to support the City’s efforts improve its capacity to respond to wildfire.

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
November 7, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Dr. Lisa Warhuus, Director, Health, Housing, & Community Services Subject: Appointment of Interim Health Officer

RECOMMENDATION
Adopt a Resolution ratifying the action taken by the City Manager to appoint Dr. Anju Goel, M.D., as the Interim Health Officer for the City of Berkeley.

FISCAL IMPACTS OF RECOMMENDATION
A full-time, career benefited Health Officer position is budgeted for the current and subsequent fiscal years. After an interim period assessing the current needs for this position and work unit, the position will eventually be filled with a permanent appointment.

CURRENT SITUATION AND ITS EFFECTS
In accordance with state law, as a recognized local health jurisdiction the City Council must appoint a local Health Officer who has a medical degree and holds a license issued by the Medical Board of California.

Dr. Goel is a board-certified internist and public health specialist. She graduated from Stanford Medical School and has an MPH from Columbia University. Since 2004, she has worked in multiple California county health departments; addressing a wide range of public health issues. For the last 3.5 years, she has worked with the Centers for Disease Control and Prevention on the COVID-19 response; most recently on vaccine safety research studies.

BACKGROUND
Dr. Lisa Hernandez, the former Health Officer, vacated the position on July 4, 2023, becoming the Santa Cruz County Health Officer after five years of service to the City.

Because the City is required to have a Health Officer, the Alameda County Health Officer has been providing coverage for the City of Berkeley Health Officer during the search for the Interim Health Officer.

Appointment of Interim Health Officer CONSENT CALENDAR
November 7, 2023

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

RATIONALE FOR RECOMMENDATION
State Law requires City Council appoint a physician Health Officer for our local health Jurisdiction. The Department of Health, Housing, and Community Services (HHCS) identified Dr. Goel as the best qualified candidate through a competitive hiring process.

ALTERNATIVE ACTIONS CONSIDERED
None, the City is required to appoint a physician Health Officer.

CONTACT PERSON
Amy Davidson, Deputy Director, Health, Housing & Community Services Attachments:
1: Resolution

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

APPOINTMENT OF LOCAL HEALTH OFFICER
WHEREAS, City of Berkeley has performed local public health functions since 1890 and is one of three city health jurisdictions in California; and WHEREAS, local health jurisdictions must include a physician health officer; and WHEREAS, mandatory functions of a local health jurisdiction include communicable disease control, tuberculosis control, public health emergency preparedness and response, and registration of births and deaths; and
WHEREAS, these functions can only be performed under the authority of a physician health officer; and
WHEREAS, the previous health officer vacated the position effective July 4, 2023; and WHEREAS, Dr. Goel is a board-certified internist who has worked in multiple California county health departments; addressing a wide range of public health issues and has accepted the position of Interim Health Officer, beginning work on September 18, 2023.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley by the Council of the City of Berkeley that it ratifies the action taken by the City Manager to appoint Dr. Anju Goel, M.D. as the Interim Health Officer for the City of Berkeley, Department of Health, Housing & Community Services,

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
November 7, 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: Reallocation of Unspent FY 2023 Child Care Subsidy Funding

RECOMMENDATION
Adopt three Resolutions authorizing the City Manager or her designee to reallocate $232,362 in unspent child care subsidy funds awarded through the FY 2020 community agency contract process and amend three existing contracts by increasing their contract limits for the period beginning July 1, 2023 and ending June 30, 2024 by $77,454 per agency, as follows: BAHIA, Inc. (from $82,143 to $159,597); Ephesian Children’s Center (from $45,507 to $122,961); and Nia House (from $39,999 to $117,453).

FISCAL IMPACTS OF RECOMMENDATION
This recommendation is to reallocate $232,362 in Fund 011 General Funds awarded to BANANAS, Inc., through the community agency contracting process. This contract is part of the Berkeley Youth Equity Partnership’s (YEP, formerly Berkeley’s 2020 Vision) Affordable Child Care portfolio. The funds are designated for providing child care subsidies to African American/Black and Latinx families with 0-5 year old children in Berkeley. BANANAS advised the City that it is unable to fully expend its FY 2023 allocation. This fiscally neutral recommendation will maintain the overall spending level on child care subsidies by expanding existing contracts with three Berkeley child care contractors. These three contracts were approved for four years of funding by City Council on June 25, 2019, as part of the FY 2020 budget. City Council approved extending these contracts through June 30, 2024 at the FY 2020 annual funding levels on June 27, 2023, as part of the FY 2024 budget. If approved, the total not-to-exceed amount of the combined contracts would increase from $167,649 to $400,011.

CURRENT SITUATION AND ITS EFFECTS
The high cost of child care makes quality care out of reach for many Berkeley families.

For this reason, the City of Berkeley has long subsidized child care. In line with this priority, YEP’s Kindergarten Readiness strategy includes subsidizing child care to low- income African American/Black and Latinx families in Berkeley through the community agency contracts process.

Reallocation of Unspent FY 2023 Child Care Subsidy Funding CONSENT CALENDAR November 7, 2023

In June 25, 2019, Berkeley City Council adopted the FY 2020 budget, including authorizing the City Manager or designee to execute contracts for continued child care subsidies to four longstanding contractors. BANANAS, Inc., was awarded $269,835 in General Funds per year for four years to provide child care subsidies to 15 African American/Black and Latinx Berkeley children (ages 0–5) annually. BANANAS continued to provide subsidies to a core group of children through the pandemic, but has not been able to spend down the full amount of its contract. To try to increase the eligible population, YEP staff worked with BANANAS to expand the age of eligible participants (including siblings up to 8 years old for afterschool care) and provider criteria (including informal providers, such as friends, family, and neighbors). Even with the larger pool of eligible participants, BANANAS recognized that the accumulated carryover was too significant to expend in FY 2024 along with its current year allocation for child care subsidies. BANANAS recommended returning the funds to the City of Berkeley.

YEP staff worked with three other established child care providers (BAHIA, Inc., Ephesian Children’s Center, and Nia House, all of which already have contracts with the City to provide childcare services as part of YEP) to determine their interest and capacity to expand the number of African American/Black and Latinx young people they serve.

If approved, this recommendation will provide subsidized child care to an additional 13 Black and Brown children in Berkeley (increasing availability from 36 to 49 infant, toddlers and preschoolers). This arrangement will also increase the level of subsidies offered by these three providers to maintain a pool of highly subsidized slots for African American/Black and Latinx families of more limited means (consistent with the terms of BANANAS’ contract).

RATIONALE FOR RECOMMENDATION
The purpose of the BANANAS’ child care subsidy funding was to make child care more available and affordable for low-income African American/Black and Latinx families in Berkeley. Redirecting these unspent funds will help to maintain these important supports to Berkeley families. For this reason, staff turned to BAHIA, Inc., Ephesian Children’s Center, and Nia House, who have existing contracts with the City, are experienced child care providers to Black and Brown children in Berkeley, and who had the ability to take on additional students.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered issuing an RFP for the child care subsidies. However, the RFP process would have entailed further delays, placed an administrative burden on applicants, and may have resulted in the same or similar outcomes. Staff determined that ensuring the availability of slots as soon as possible to families in need was the priority.

Reallocation of Unspent FY 2023 Child Care Subsidy Funding CONSENT CALENDAR November 7, 2023

CONTACT PERSON
Nina Goldman, Senior Management Analyst, HHCS, 510.981.5420 Attachments:
1: Resolutions

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

REALLOCATION OF UNSPENT FY 2023
CHILD CARE SUBSIDY FUNDING TO BAHIA, INC.

WHEREAS, on June 25, 2019, City Council approved Berkeley’s FY 2020-2024 community agency contracts as part of the FY 2020 budget; and WHEREAS, the approved budget included an annual allocation of $269,835 in General Funds to BANANAS, Inc. to provide child care subsidies to African American/Black and Latinx families in Berkeley; and
WHEREAS, in FY 2023, BANANAS, Inc. had accumulated a carryover funding that BANANAS, Inc., recognized it would be unable to spend along with its FY 2024 allocation; and
WHEREAS, staff worked with three current community agency contractors with expertise in serving African American/Black and Latinx infants, toddlers, and preschoolers in Berkeley and combined capacity to absorb additional subsidized students; and WHEREAS, the cost of supporting these subsidized students would be $77,454 per agency or $232,362 total.

WHEREAS, the combined impact of reallocating these funds would expand the pool of African American/Black and Latinx children receiving Berkeley-funded subsidies from 36 to 49 and maintain a pool of higher subsidy slots for families of more limited means; and WHEREAS, funds in the amount of $77,454 is available for FY 2024 in Fund 011 General Funds.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to reallocate $77,454 in unspent FY 2023 funds to amend its contract with BAHIA, Inc., through June 30, 2024, to an amount not to exceed $159,597. A record signature copy of said contract and any amendments shall be on file in the Office of the City Clerk.

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

REALLOCATION OF UNSPENT FY 2023
CHILD CARE SUBSIDY FUNDING TO EPHESIAN CHILDREN’S CENTER WHEREAS, on June 25, 2019, City Council approved Berkeley’s FY 2020-2024 community agency contracts as part of the FY 2020 budget; and WHEREAS, the approved budget included an annual allocation of $269,835 in General Funds to BANANAS, Inc. to provide child care subsidies to African American/Black and Latinx families in Berkeley; and
WHEREAS, in FY 2023, BANANAS, Inc. had accumulated a carryover funding that BANANAS, Inc., recognized it would be unable to spend along with its FY 2024 allocation; and
WHEREAS, staff worked with three current community agency contractors with expertise in serving African American/Black and Latinx infants, toddlers, and preschoolers in Berkeley and combined capacity to absorb additional subsidized students; and WHEREAS, the cost of supporting these subsidized students would be $77,454 per agency or $232,362 total.

WHEREAS, the combined impact of reallocating these funds would expand the pool of African American/Black and Latinx children receiving Berkeley-funded subsidies from 36 to 49 and maintain a pool of higher subsidy slots for families of more limited means; and WHEREAS, funds in the amount of $77,454 is available for FY 2024 in Fund 011 General Funds.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to reallocate $77,454 in unspent FY 2023 funds to amend its contract with Ephesian Children’s Center, through June 30, 2024, to an amount not to exceed $122,961. A record signature copy of said contract and any amendments shall be on file in the Office of the City Clerk.

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

REALLOCATION OF UNSPENT FY 2023

CHILD CARE SUBSIDY FUNDING TO NIA HOUSE
WHEREAS, on June 25, 2019, City Council approved Berkeley’s FY 2020-2024 community agency contracts as part of the FY 2020 budget; and WHEREAS, the approved budget included an annual allocation of $269,835 in General Funds to BANANAS, Inc. to provide child care subsidies to African American/Black and Latinx families in Berkeley; and
WHEREAS, in FY 2023, BANANAS, Inc. had accumulated a carryover funding that BANANAS, Inc., recognized it would be unable to spend along with its FY 2024 allocation; and
WHEREAS, staff worked with three current community agency contractors with expertise in serving African American/Black and Latinx infants, toddlers, and preschoolers in Berkeley and combined capacity to absorb additional subsidized students; and WHEREAS, the cost of supporting these subsidized students would be $77,454 per agency or $232,362 total.

WHEREAS, the combined impact of reallocating these funds would expand the pool of African American/Black and Latinx children receiving Berkeley-funded subsidies from 36 to 49 and maintain a pool of higher subsidy slots for families of more limited means; and WHEREAS, funds in the amount of $77,454 is available for FY 2024 Fund 011 General Funds.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to reallocate $77,454 in unspent FY 2023 funds to amend its a contract with Nia House through June 30, 2024, to an amount not to exceed $117,453. A record signature copy of said contract and any amendments shall be on file in the Office of the City Clerk.

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
November 7, 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: Northern California Land Trust – 2321 Tenth Street Housing Trust Fund Reservation

RECOMMENDATION
Adopt a Resolution:

1. Reserving an additional $1,703,585 in Housing Trust Fund program funds for a development loan for Northern California Land Trust (NCLT)’s 2321-2323 Tenth Street and:
a) waiving Sections I.A.1 and IV.C.1 of the Housing Trust Fund Guidelines; b) applying the Small Sites Program standards to the project’s development and operating budgets; and
c) requiring partial repayment of the loan through the energy efficiency rebates NCLT pursues.

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

FISCAL IMPACTS OF RECOMMENDATION
The attached resolution would reserve an additional $1,703,585 for NCLT’s 2321 Tenth Street property. There are currently sufficient funds in the Housing Trust Fund (HTF) program to fund the request. Staff will determine the exact mix of funds from the HTF closer to the loan closing; which could include the following funds: Affordable Housing Mitigation Fee (Fund #120), Inclusionary Housing Fee (Fund #122), Condo Conversion Fee (Fund #123), and Commercial Housing Mitigation Fee (Fund #331). Funding is subject to appropriations in the HTF FY 2024 budget.

CURRENT SITUATION AND ITS EFFECTS
In July 2023, the Health, Housing, and Community Services Department (HHCS) received a funding request to support urgent rehab needs from NCLT for its Tenth Street property. 2321-2323 Tenth Street is an 8-unit occupied project that NCLT acquired in 2019. The City Regulatory Agreement restricts occupancy to households earning up to 80% area median income. Since taking ownership, NCLT’s inspections

NCLT 2321 Tenth Street Housing Trust Fund Reservations CONSENT CALENDAR November 7, 2023

revealed that the property’s rehabilitation needs are significantly more extensive than initially known. The property has deferred maintenance, and the rehabilitation work completed by the prior owner was substandard. There are structural and habitability issues that need to be addressed, and the original budget is insufficient.

NCLT requested $1,703,585 in new funding, and proposed repaying the City up to $324,225 through energy efficiency upgrade rebates after the renovation is complete.

NCLT estimates the project will be eligible for up to $324,225 in rebates, though the actual amount will be based on the final rehab scope and results of post-rehab energy efficiency testing. The balance of the loan not repaid through rebates would be repaid through the project’s ongoing residual receipts, as is standard for the City’s development loans.

NCLT originally applied for funding through the City’s 2019 HTF Request for Proposals process, and was awarded $1,620,640 to support predevelopment, acquisition, and renovation activities at this property. Like many acquisitions of occupied, unsubsidized housing, this is an anti-displacement project, and NCLT converted the property to long- term, deed-restricted affordable housing. With the proposed funding, the project’s total City subsidy would be $3,324,225.

BACKGROUND
The HTF Guidelines allow consideration of funding for at-risk projects outside of a competitive funding process. As a previously funded project with urgent health and safety needs, 2321 Tenth Street meets the definition of at-risk (HTF Guidelines V.D.1).

Renovations always have some inherent risk, as the full extent of a property’s condition is not revealed until after acquisition and construction has started. In their requests for funding, NCLT provided property reports and a detailed scope and budget. Staff reviewed the submissions to ensure that NCLT’s budget would address the major scope items identified in the inspections. The City also requires that renovation projects include a 15% construction contingency to help cover any new issues identified during the course of construction. While NCLT pursued other funding opportunities to leverage the City’s contribution, there are limited resources available to projects of this size.

NCLT does not technically meet the HTF Guidelines threshold (I.A.1) for developer experience; which requires applicants to have completed three comparable projects within the past ten years. To award funding, Council would need to approve a waiver of this section. The City will require a third-party construction inspector to review pay apps and provide monthly reports to the City on construction progress. If the City is concerned about NCLT’s construction management, staff may require NCLT to hire a third-party construction manager.

NCLT 2321 Tenth Street Housing Trust Fund Reservations CONSENT CALENDAR November 7, 2023

The recommendation also includes a condition to apply the Small Sites Program budget standards to the project, as those standards are tailored to smaller projects with limited cash flow and resources.

If the additional funding is approved, the City would be providing the majority (62%) of the project’s funding; exceeding the subsidy limit in the HTF guidelines (Section IV.C.1) which caps the City’s contribution at 40% of a project’s total development costs. The project also exceeds the Small Sites Program limits, which caps City subsidy at $375,000 per unit, or $3M for an 8-unit project. Therefore, a waiver of Section IV.C.1 is also required.

These waivers and requirements are consistent with Council’s actions related to their 2019 approvals of funding for NCLT’s project.

On September 7, 2023, the Housing Advisory Commission took the following action:

Action: M/S/C (Ortiz-Cedeño/ Rodriguez) to recommend that City Council reserve $1,703,585 in housing trust funds for NCLT’s 2321 Tenth Street property and waive Sections I.A.1 and IV.C.1 of the HTF Guidelines; apply the Small Sites Program standards to the project’s development and operating budgets; and require partial repayment of the loan through the energy efficiency rebates NCLT pursues.

Vote: Ayes: Braslaw, Fain, Mendonca, Ortiz-Cedeño, Rodriguez. Noes: None. Abstain:

None. Absent: Calavita (unexcused), Johnson (excused), Potter (excused), Simon- Weisberg (excused).

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
To the extent feasible, NCLT will incorporate energy and water efficiency upgrades that will benefit ongoing operations for NCLT and its residents and support the City’s environmental sustainability goals. NCLT will be taking advantage of programs that provide financial incentives for deep energy and emissions savings and has applied for rebates incentivizing energy efficiency upgrades and California Energy Commission’s EPIC grant.

RATIONALE FOR RECOMMENDATION
The project is considered at-risk under the HTF Guidelines (V.D.1), and approving additional funds supports the City’s goal of preserving affordable housing and funding the rehab of an occupied, affordable housing projects. Without this City funding, NCLT would not be able to address the project’s capital needs, including urgent health and safety issues.

ALTERNATIVE ACTIONS CONSIDERED
The City could opt not to provide additional funding, which would leave the property with unaddressed habitability and structural needs that NCLT does not have other funding to support.

NCLT 2321 Tenth Street Housing Trust Fund Reservations CONSENT CALENDAR November 7, 2023

CONTACT PERSONS
Asavari Devadiga, Community Development Project Coordinator, HHCS, 510-981-5426 Jenny Wyant, Senior Community Development Project Coordinator, HHCS, 510-981- 5228
Attachments:
1: Resolution

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

APPROVAL OF THE FUNDING RESERVATION FOR THE 2321-2323 TENTH

STREET PROJECT
WHEREAS, 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, City Council adopted guidelines (HTF Guidelines) as revised on January 19, 2021, and authorized the City Manager to implement the HTF program in accordance with the Guidelines; and
WHEREAS, on October 29, 2019 by Resolution No. 69,163-N.S., Council approved $50,000 in predevelopment funding for Northern California Land Trust’s (NCLT) acquisition and renovation of 2321-2323 Tenth Street; and WHEREAS, on December 10, 2019 by Resolution No. 69,231-N.S., Council approved $1,570,640 for 2321-2323 Tenth Street; applied the City’s Small Sites Program standards to the project; and waived Section III.A.1 (now, I.A.1) of the HTF Guidelines approving NCLT as an eligible developer and Section V.B.7 (now, IV.C.1) of the HTF Guidelines approving HTF funds in excess of 40% of project costs; and WHEREAS, the City’s HTF Guidelines allow funding requests to be submitted at any time for projects at imminent risk, including previously funded projects with urgent health and safety needs; and
WHEREAS, the City received a funding request on July 20, 2023 from NCLT for 2321- 2323 Tenth Street, a project that meets the HTF Guideline’s definition of at-risk; and WHEREAS, on September 7, 2023, the Housing Advisory Commission recommended Council approve NCLT’s funding request of $1,703,585 for 2321-2323 Tenth Street; and WHEREAS, the Housing Advisory Commission’s motion included recommendations to waive certain sections of the Housing Trust Fund Guidelines in order to fund NCLT’s project; and
WHEREAS, the Housing Advisory Commission’s motion included a recommendation to apply the City’s Small Sites Program Standards to 2321-2323 Tenth Street, since that program includes development and operating budget requirements designed to support the long-term viability of smaller multifamily projects with limited cash flow.

November 7, 2023

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council approves the $1,703,585 development funding reservation of HTF funds for 2321-2323 Tenth Street.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley waives the requirements of Section I.A.1 of the HTF Guidelines and approves Northern California Land Trust as an eligible developer with demonstrated capacity to complete the rehabilitation of 2321-2323 Tenth Street, though NCLT has not completed the number of projects required by the developer eligibility criteria.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley waives the requirements of Section IV.C.1 of the HTF Guidelines and approves HTF funds in excess of 40% for NCLT’s 2321-2323 Tenth Street project, due to the nature and urgency of the development and unavailability of alternative financing.

BE IT FURTHER RESOLVED that Small Sites Program operating and development budget standards will be applied to 2321-2323 Tenth Street.

BE IT FURTHER RESOLVED that funds shall be reserved for a period of no more than 24 months from the date of this Resolution, contingent on NCLT obtaining all required City approvals and securing commitments for project funding that the City Manager or her designee deems sufficient within the reservation period.

BE IT FURTHER RESOLVED that the funding reservation is conditioned upon the completion of the environmental review process, except as authorized by 24 CFR, Part 58, and that should HOME and/or CDBG funds constitute a portion of the funding for any project, a final commitment of HOME and/or CDBG funds shall occur only upon the satisfactory completion of the appropriate level of environmental review and also upon the receipt of approval of the request for release of funds and related certification from the U.S. Department of Housing and Urban Development, when applicable. The funding reservation for any of the HOME and/or CDBG funded projects is conditioned upon the City of Berkeley's determination to proceed with, modify, or cancel the project based on the results of subsequent environmental review under the National Environmental Policy Act.

BE IT FURTHER RESOLVED that the making of the loan shall be contingent on and subject to such other appropriate terms and conditions as the City Manager or her designee may establish.

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.

Human Resources

CONSENT CALENDAR
November 7, 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: Resolution of Intention to Amend the Miscellaneous CalPERS Contract Pursuant to California Government Code Section 20516 to Reduce the Additional Cost Share Contribution Made by Unrepresented Employees on Behalf of the City

RECOMMENDATION

1. Adopt the Resolution of Intention to eliminate the additional cost share contribution made by Unrepresented Employees, who are classified as Public Employees Pension Reform Act (PEPRA) members of the California Public Employees’ Retirement System (CalPERS), on behalf of the City to CalPERS pursuant to California Government Code Section 20516.

FISCAL IMPACTS OF RECOMMENDATION
Based on this action, the additional cost share contributions made on behalf of the City by Unrepresented Employees, outlined below, will be eliminated, and the City will begin making those contributions on the affected employees’ behalf:
 FY 2024-25: 2% reduction of cost share (reducing the remaining cost share to 3%), effective July 7, 2024
 FY 2025-26: 2% reduction of cost share (reducing the remaining cost share to 1%), effective July 6, 2025
 FY 2026-27: 1% reduction of cost share (reducing the cost share to 0%), effective July 5, 2026
There are approximately 75 Unrepresented Employees who are PEPRA members of CalPERS and affected by this resolution, and the total cost to approve the ramp down for Unrepresented Employees is approximately $247,957.

CalPERS Cost Share Reduction by Unrepresented Employees CONSENT CALENDAR November 7, 2023

CURRENT SITUATION AND ITS EFFECTS
Council adopted Resolution #70,156 N.S. at its December 14, 2021 meeting, authorizing the amendments to the City’s CalPERS Miscellaneous contract to reduce over the course of five fiscal years the additional cost share borne by Unrepresented Employees who are classified as PEPRA members of CalPERS. While the reductions have occurred on schedule, the City has decided to accelerate the cost share reduction pace of the remaining years (through FY 2027). As a result, Council must now pass a Resolution of Intention to approve a contract amendment between the City and the CalPERS Board of Administration. (See Cal. Gov. Code § 20516.) The contract amendment process includes the following steps:
 The City shall provide CalPERS with the Resolution and a cover letter indicating the exact percentage of change, total cost-share percentage, and to whom it’s applicable;
 CalPERS will contact the City to establish the Anticipated Schedule of Agency Actions and send the required documents;
 Over a time period specified by CalPERS, the City will:
o Adopt a Resolution of Intention (which will be satisfied by the approval of this resolution);
o The City shall approve the final reading of an ordinance or final resolution and complete certification forms.
 Once the documents are received and approved, the contract amendment becomes effective and is updated with the effective date in MyCalPERS.  CalPERS sends a fully executed contract to the City.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACT
There are no identifiable environmental effects or opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
Cost share contributions on behalf of the City have now been eliminated for all represented employees. This accelerated cost share reduction for Unrepresented Employees will ensure internal equity with those in represented classifications and assist in the recruitment and retention of Unrepresented Employees who have PEPRA status within CalPERS.

ALTERNATIVE ACTIONS CONSIDERED
Continue with the existing cost share reduction schedule, which would lead to inequity between represented and unrepresented employees.

CalPERS Cost Share Reduction by Unrepresented Employees CONSENT CALENDAR November 7, 2023

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

Attachment:

1. Resolution of Intention to Amend the Miscellaneous CalPERS Contract Pursuant to California Government Code Section 20516 to Reduce the Additional Cost Share Contribution Made by Unrepresented Employees on Behalf of the City

CalPERS Cost Share Reduction by Unrepresented Employees CONSENT CALENDAR November 7, 2023
RESOLUTION NO. XXX

RESOLUTION OF INTENTION TO AMEND THE MISCELLANEOUS CALPERS CONTRACT PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 20516

TO REDUCE THE ADDITIONAL COST SHARE CONTRIBUTION MADE BY

UNREPRESENTED EMPLOYEES ON BEHALF OF THE CITY
WHEREAS, the Unrepresented Employees group of the City of Berkeley are not covered by a Memorandum of Understanding; and
WHEREAS, CalPERS requires that the City of Berkeley adopt a resolution that specifically identifies the cost sharing information for Unrepresented Employees in order to amend the contract with CalPERS to reduce the cost share for the following employees:
 Unrepresented Employee Group who are designated as CalPERS New Members (PEPRA);
 The employees in this group are currently paying an additional five percent (5%) cost share towards the employer rate per Government Code Section 20516;
 The additional cost share shall be reduced to zero, effective the first full pay period that begins thirty (30) days after approval by CalPERS; WHEREAS, this resolution is an agreement between the City of Berkeley and its Unpresented Employees who have New Member status with CalPERS to reduce the cost share contributions pursuant to Government Code Section 20516; NOW THEREFORE, BE IT RESOLVED that the City Council approves this Resolution of Intention to amend the existing contract between the City of Berkeley and CalPERS under Government Code Section 20516 and reduce the additional cost share contribution made by Unrepresented Employees on behalf of the City to zero, effective the first full pay period which begins thirty (30) days after approval by CalPERS.

PASSED AND ADOPTED by the governing body of the City of Berkeley on this 7th day of November 2023.

By _________________________
(Signature of Official)
(Title of Official)

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7150 ● TDD: (510) 981-6903 E-Mail: [email protected]

CONSENT CALENDAR
November 7, 2023
To: Honorable Mayor and Members of the City Council
From: Tess Mayer, Director of Library Services
Submitted by: Tess Mayer, Director of Library Services
SUBJECT: Appointment of Tanir Ami to the Board of Library Trustees

RECOMMENDATION
Adopt a Resolution appointing Tanir Ami to the Board of Library Trustees (“BOLT”) for a term of four years beginning November 8, 2023.

FISCAL IMPACTS OF RECOMMENDATION
No fiscal impacts.

CURRENT SITUATION AND ITS EFFECTS
At the October 4, 2023 regular meeting of the Board of Library Trustees, Trustees voted to recommend that the City Council appoint Tanir Ami for a 4-year term on the Board.

BACKGROUND
Pursuant to Section 30 of the Charter of the City of Berkeley, “[f]ive Library Trustees shall be appointed and may be removed by a vote of five members of the Council.” BMC Section 3.04.010 further provides that “[t]he term of office of the members of the board shall be four (4) years.” In addition, it is traditional that BOLT formally recommends to the City Council a preferred candidate for appointment.

The process BOLT undertakes to identify and recommend a candidate is to broadly promote the Board vacancy to the general public, review questionnaire responses, interview all candidates at a public meeting or meetings, and vote to recommend an applicant to the City Council for appointment. The current vacancy was created when Trustee Diane Davenport’s second four-year term ended May 15, 2023. The vacancy was widely publicized and the City Clerk’s Office of the City of Berkeley received 25 applications from interested candidates by the April 17, 2023 deadline, indicating a record high level of community interest in serving our libraries as a Trustee. An ad hoc subcommittee consisting of Trustee Davenport, President Roth, and Director Mayer (serving as Secretary to the Board), was appointed at the April 19 regular BOLT meeting to review applications and select candidates to interview. Per the Board of Library Trustees Nomination Policy, the subcommittee reviewed each application based on the applicant’s submitted information, and identified nominees that met the search objectives, will be able to carry out the duties and functions of the Trustee as stated in the Bylaws, will advance the Vision and Mission of the Library, will be a resource for