Berkeley City Council
May 7, 2024

Tuesday, May 7, 2024 AGENDA Page 1
AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, May 7, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – VACANT
DISTRICT 4 – VACANT DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in- person attendance and virtual participation. If you are feeling sick, please do not attend the meeting in person.

Li
ve 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.

R
emote 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/1602251843 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: 160 225 1843 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.

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

T
his 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 public participation may be addressed to the City Clerk Department (510) 98
1-6900. The City Council may take action related to any subject listed on the Agenda.

P
ursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Tuesday, May 7, 2024 AGENDA Page 2
Preliminary Matters
Roll Call:

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

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

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

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

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

For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

Tuesday, May 7, 2024 AGENDA Page 3
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.

Recess Items

1. Contract: Health Officer Coverage
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to execute a contract with Dr. Lisa Hernandez for Health Officer services during periods when the City Health Officer is out of the office for the period April 1, 2024 through April 1, 2026 in an amount not to exceed $30,000.

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

2. Purchase Order: SHI for KnowBe4 Products and Services From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during Spring Recess for the approval and authorization to execute a purchase order in the amount of $135,189 with SHI for continued use of KnowBe4 cybersecurity content, products and tools.

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

3. Contract Amendments: As-needed Trees Services with Bay Area Tree, Hamilton Tree, Professional Tree, and West Coast Arborist From: City Manager
Recommendation: Adopt four Resolutions ratifying the action taken by the City Manager during recess authorizing the City Manager to amend contracts with Bay Area Tree Specialists (31900202), Hamilton Tree Service (31900193), Professional Tree Care (31900212), and West Coast Arborists (31900218), for as-needed tree services, increasing the amount by $500,000 each and extending the terms to May 28, 2026.

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

Recess Items
Tuesday, May 7, 2024 AGENDA Page 4

4. Contract: School Foodies for Summer Food Service Program From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess authorizing the City Manager to execute a one (1) year contract and any amendments with School Foodies to provide lunches and afternoon snacks to Berkeley youth for the City’s Summer Food Service Program for a total amount not to exceed $95,000, for the period of June 1, 2024 through May 31, 2025, with up to four (4) additional one-year extensions not to exceed $95,000 each year, contingent upon the availability of State funding, for a total contract amount not to exceed $475,000.

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

5. Construction Contract: THE DUTRA GROUP for the Docks D & E Replacement Project at the Berkeley Marina
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess: 1. Approving the plans and specifications for the Berkeley Marina Docks D & E Replacement Project (Bid Specification No. 24-11633-C); and 2.

Accepting the bid of THE DUTRA GROUP as the lowest responsive and responsible bidder on the Project; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with THE DUTRA GROUP, for the Berkeley Marina Docks D & E Replacement Project, in an amount not to exceed $8,593,200, which includes a contract amount consisting of base bid of $7,812,000 and a 10% contingency in the amount of $781,200.

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

6. Contract No. 32300187 Amendment: First Serve Productions for Additional Sport Court Repair and Resurfacing
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess, authorizing the City Manager to amend contract no. 32300187 with First Serve Productions for additional sport court repair and resurfacing at City parks by increasing the construction contract amount by $198,000 for a not-to-exceed amount of $374,669.

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

Recess Items
Tuesday, May 7, 2024 AGENDA Page 5

7. Construction Contract: THE DUTRA GROUP for the Berkeley Marina Dredging Project
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess: 1. Approving the plans and specifications for the Berkeley Marina Dredging Project (Bid Specification No. 24-11644-C); and 2. Accepting the bid of THE DUTRA GROUP as the lowest responsive and responsible bidder on the Project; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with THE DUTRA GROUP, for the Berkeley Marina Dredging Project, in an amount not to exceed $4,843,566, which includes a contract amount consisting of base bid of $4,612,920 and a 5% contingency in the amount of $230,646.

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

Consent Calendar

8. Reform the Human Welfare and Community Action Commission by amending rules regarding the Commission’s composition, number of members, filling of vacancies, election of low-income representatives, enumerated functions, and other changes
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,902-N.S. to reform the Human Welfare and Community Action Commission (HWCAC).

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

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

9. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of March 7, 2024 (closed), March 12, 2024 (special, special, regular and closed), March 18, 2024 (closed), March 19, 2024 (regular) and March 26, 2024 (closed and regular) Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900

Consent Calendar
Tuesday, May 7, 2024 AGENDA Page 6

10. Calling for a Consolidated General Municipal Election for November 5, 2024 From: City Manager
Recommendation: Adopt a Resolution: a) Calling for a General Municipal Election to be consolidated with the Presidential General Election to be held in Berkeley on November 5, 2024; b) Requesting that the Alameda County Board of Supervisors consolidate the City of Berkeley General Municipal Election with the Presidential General Election; c) Authorizing certain procedural and contractual actions; and d) Establishing policies for the filing of candidate statements of qualification.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900

11. Ballot Measure Increasing the City’s Appropriation Limit to Allow Expenditure of Tax Proceeds for Fiscal Years 2025 through 2028
From: City Manager
Recommendation:

1. Adopt a Resolution placing the attached measure to increase the City’s appropriation limit on the ballot 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: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900, Henry Oyekanmi, Finance, (510) 981-7300

12. Designate Ballot Measure Argument Authors – Initiative Ordinance Prohibiting Concentrated Animal Feeding Operations
From: City Manager
Recommendation: Designate, by motion, specific members of the City Council to file ballot measure arguments as provided for in Elections Code Section 9282, on the Initiative Ordinance Prohibiting Concentrated Animal Feeding Operations on the ballot for the November 5, 2024 General Municipal Election.

Financial Implications: No direct fiscal impacts
Contact: Mark Numainville, City Clerk, (510) 981-6900

13. Contract No. 117569-1 Amendment: Animal Fix Clinic (formerly Fix Our Ferals) for Spay and Neuter Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 117569-1 with Animal Fix Clinic (formerly Fix Our Ferals) to provide no-cost spay and neuter surgeries to eligible pet owners and shelter animals for FY 2024, increasing the contract amount by $25,000 for a new total contract amount not to exceed $127,218.

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

Consent Calendar
Tuesday, May 7, 2024 AGENDA Page 7

14. Returning Funding from University of California, Berkeley for Rodeway Inn for Winter Shelter
From: City Manager
Recommendation: Adopt a Resolution returning the unspent portion (totaling $400,140.17) of a $2,200,000 donation from the University of California, Berkeley, previously accepted by the Council on April 26, 2022 for the Rodeway Inn shelter.

Financial Implications: Approving this recommendation will result an expenditure of $400,140.17 in funding from the One-Time Grant: No Capital Expenditures Fund (Fund 336).

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

15. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on May 7, 2024
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

16. Contract: As-Needed Hazardous Fire Fuel Treatment with California Tree Solutions, Mountain Enterprises Inc., Small World Tree Co., and Bay Area Tree Specialists
From: City Manager
Recommendation: Adopt four Resolutions authorizing the City Manager or her designee to execute the following contracts and any amendments for As-Needed Hazardous Fire Fuel Treatment and removal from May 18, 2024, to May 17, 2028, for a total cumulative amount not to exceed $4,000,000.

1. California Tree Solutions in the amount of $1,000,000;

2. Mountain Enterprises Inc.in the amount of $1,000,000;

3. Small World Tree Co. in the amount of $1,000,000; and

4. Bay Area Tree Specialists in the amount of $1,000,000.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

Consent Calendar
Tuesday, May 7, 2024 AGENDA Page 8

17. Grant Application: Funding from the Federal Emergency Management Agency (FEMA) to hire additional firefighters to meet NFPA 1710 standards and recommendations from the City Gate, LLC Standards of Coverage and Community Risk Assessment
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the Federal Emergency Management Agency (FEMA) for up to $7,703,926.83 with no matching city funds to hire nine additional firefighters to help the City meet the National Fire Protection Association (NFPA) 1710 Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments and to partially accomplish one of the recommendations from the City Gate, LLC Standards of Coverage and Community Risk Assessment.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

18. Contract: Marin SB Advisor LLC for Chipper Day Program Management From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Marin SB Advisor LLC to provide program management for Berkeley Chipper Day from June 1, 2024 until May 31, 2027 in an amount not to exceed $213,000 with an option to extend for an additional three (3) years for $250,000, making initial term plus extension not to exceed $463,000.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

19. Modification and Adoption of Berkeley Fire Code Local Amendments and Incorporation of California Intervening Code Adoption Cycle Amendments Based on the 2022 California Fire Code
From: City Manager
Recommendation:

1. Adopt the first reading of an Ordinance which proposes to amend certain portions of Section 19.48.020 of the Berkeley Municipal Code (“Amendments to the California Fire Code”);

2. Adopt a Resolution setting forth findings as to local conditions applicable to the revised portions of Section 19.48.020 that require more stringent building standards than those provided by the 2022 California Fire Code (“CFC”) with intervening code adoption cycle amendments, and amending Resolution number 70,611–N.S.;

3. In compliance with state law on adopting such codes by reference, hold a public hearing following the first reading, and before the second reading, and schedule the second reading and public hearing for June 4, 2024.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

Consent Calendar
Tuesday, May 7, 2024 AGENDA Page 9

20. Contract No. 32300108 Second Amendment: Street Level Advisors, LLC for Housing Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a second amendment to Contract No. 32300108 with Street Level Advisors, LLC increasing the contract by $100,000 for consulting services in a total amount not to exceed $199,500, with a contract end date of June 30, 2025.

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

21. Contract: The Labor Compliance Managers for Labor Compliance Consultant for the HARD HATS Ordinance
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with The Labor Compliance Managers (TLCM) to develop a comprehensive program for enforcing the provisions of the HARD HATS Ordinance for the Department of Health, Housing, and Community Services (HHCS) from August 1, 2024 to July 31, 2027, in an amount not to exceed $150,000.

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

22. Contract No. 32300144 Amendment: Resource Development Associates for Specialized Care Unit Evaluation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to amend Contract No. 32300144 with Resource Development Associates (RDA) to add $15,000 for a not-to-exceed total contract amount of $250,000.

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

Consent Calendar
Tuesday, May 7, 2024 AGENDA Page 10

23. Contract No. 32200191 Amendment: Options Recovery Services for Substance Use Disorder Services Co-location
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32200191 with Options Recovery Services (Options) for Substance Use Disorder (SUD) services for a total contract limit of $500,000 for the period beginning January 1, 2022 and ending June 30, 2025, to extend their current co-located SUD services at the Berkeley Mental Health Adult Services Clinic. This amendment will add $250,000 in funding and two years to the existing contract term.

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

24. Contract: City Data Services for Streamlined Community Agency Contract Administration and Monitoring
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to enter into a contract with City Data Services (CDS) to provide continued online data management systems to the Health, Housing and Community Services Department (HHCS) from July 1, 2024 through June 30, 2028, and authorizing the City Manager or her designee to extend the contract and execute any amendments with CDS for ongoing maintenance of the community agency online applications and reporting systems for an annual service fee of $41,520 for a total contract not to exceed amount of $166,080.

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

Consent Calendar
Tuesday, May 7, 2024 AGENDA Page 11

25. Revenue Grant Agreements: Funding Support from the State of California and Alameda County to Conduct Public Health Services
From: City Manager
Recommendation: Adopt four Resolutions authorizing the City Manager or her designee to submit grant agreements to the California Department of Public Health (CDPH) and Alameda County, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following four revenue agreements:

1. HIV/AIDS Surveillance in the projected amount of $25,701 each year for Fiscal Years (FY) 2025 through 2029 for a total of $128,505 from CDPH.

2. Sexually Transmitted Infection (STI) Prevention and Collaboration in the projected amount of $13,625 each year for FY 2025 through 2026 for a total of $27,250 from CDPH.

3. Tuberculosis (TB) Prevention and Control in the projected amount of $35,197 for FY 2025 from CDPH.

4. Public Health Infrastructure Program in the projected amount of $32,080 for FY 2025 from Alameda County.

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

26. Contract No. 32300134 Amendment: Bonita House for Specialized Care Unit Provider
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to amend Contract No. 32300134 with Bonita House to add $275,000 of funding from the State of California’s Crisis Care Mobile Units (CCMU) grant for a total not-to-exceed contract amount of $4,845,500.

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

27. 2023 Fee Assessment – State of California Self-Insurance Fund (Workers’ Compensation Program)
From: City Manager
Recommendation: Adopt a Resolution authorizing payment to the State of California Department of Industrial Relations for Fiscal Year 2022-2023 for administering the Workers’ Compensation Program, in an amount not to exceed $240,397.76.

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

Consent Calendar
Tuesday, May 7, 2024 AGENDA Page 12

28. Legislative Aide Class Specifications and Salary Range From: City Manager
Recommendation: Adopt (1) first reading of an Ordinance amending Berkeley Municipal Code Section 4.04.120(A) to rename the Legislative Assistant classification as Legislative Aide; (2) a resolution authorizing amendments to all pertinent City documents to effectuate the classification name change, approving job specifications and a new salary range for the renamed classification, and approving terms negotiated with SEIU Local 1021 - CSU & PTRLA regarding advancement along the new salary range for the renamed classification.

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

29. Contract: Catalis Public Works and Citizen Engagement, LLC for New Community Relationship Management (CRM) System
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Catalis Public Works and Citizen Engagement, LLC (Catalis) for software hosting, implementation, maintenance, and related services for a new Community Relationship Management system, for an amount not to exceed $500,000 for the period commencing on June 1, 2024 through June 30, 2029.

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

30. Contract No. 32000188 Amendment: GSI Environmental Inc. for On-Call Environmental Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000188 with GSI Environmental Inc. for on-call environmental consulting services to increase the contract amount by $200,000 for a new not to exceed amount of $425,000 and extend the contract term from June 30, 2025 to June 30, 2027.

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

31. Donation from the Friends of the Rose Garden/Berkeley Partners For Parks for the Berkeley Rose Garden
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation from the Friends of the Rose Garden/Berkeley Partners For Parks in the amount of up to $10,000 to purchase roses and perform maintenance at the Berkeley Rose Garden.

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

Consent Calendar
Tuesday, May 7, 2024 AGENDA Page 13

32. Contract No. 32200098 Amendment: ERA Construction, Inc. for O & K Docks Electrical Upgrades Project
From: City Manager
Recommendation: Adopt a resolution authorizing the City Manager to execute an amendment to Contract No. 32200098 with ERA Construction, Inc. for the O & K Docks Electrical Upgrades Project, increasing the amount by $129,000 for an amended total amount not to exceed $1,467,000.

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

33a. Achieving Goals of 2018 Berkeley Age-Friendly Action Plan From: Commission on Aging
Recommendation: Refer to the City Manager steps to revisit and act on the recommendations of the Berkeley Age-Friendly Action Plan as outlined in the report, by building on what is already occurring in the community, expanding the Plan’s impact, and addressing gaps by increasing funding for personnel and other services currently being offered, as well as others identified in the Age-Friendly Plan.

The Aging Commission identified as first steps four (4) priority areas and goals for the Action Plan:

1. Housing and Economic Security: Develop a continuum of affordable, accessible housing options for older adults to age in their community regardless of their health or financial status.

2. Transportation and Mobility: Advance a network of public and private transportation (including transit, assistive devices, e-bikes and e-scooters and bicycling and walking) that equitably serves residents and connects them to services, social activities, and employment opportunities.

3. Health and Wellness: Develop a more integrated system of services and supports that is person-centered and ensures that all residents have the opportunity to engage in health promoting activities.

4. Social Participation and Civic Engagement: Enhance neighborhood cohesion and social connectedness of all Berkeley residents with community events and activities that are inclusive, affordable, and accessible.

In the short term, the Commission recommends that these plans should include a budget referral to the City Manager for consideration in the biennial budget process.

Financial Implications: See report
Contact: Darleen Bronson, Commission Secretary, (510) 981-5400

Consent Calendar
Tuesday, May 7, 2024 AGENDA Page 14
33b. Companion Report: Achieving Goals of 2018 Berkeley Age-Friendly Action Plan
From: City Manager
Recommendation: Refer to the City Manager to review and prioritize the recommendations of the City of Berkeley’s Age-Friendly Action Plan, in conjunction with the results of the Community Health Assessment that will be conducted by the Health, Housing, and Community Services Department in the 2024 calendar year. In addition, to consider the following referrals:

1. Refer to the Transportation Commission to collaborate with the Commission on Aging to assess the equitable accessibility of public transportation options for the older adult and disabled community in Berkeley

2. Refer to Housing Advisory Commission to collaborate with staff to assess the level of affordable, accessible housing options for older adults to age in the Berkeley community.

3. Refer the Commission on Aging’s request for increased funding to the Budget and Finance Policy Committees for further deliberation.

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

34. Support the Fire Department to Fund a Program Manager II Position From: Disaster and Fire Safety Commission
Recommendation: The Disaster and Fire Safety Commission (DFSC) supports the request by the Fire Department to fund a Program Manager II.

Financial Implications: See report
Contact: Keith May, Commission Secretary, (510) 981-3473

35. Use of Measure FF to Support Understory Mitigation
From: Disaster and Fire Safety Commission
Recommendation: That the Berkeley City Council pass a resolution to support the Fire Department in using Measure FF funds to conduct one-time eucalyptus understory clean-ups on select, participating private properties within the City.

Financial Implications: See report
Contact: Keith May, Commission Secretary, (510) 981-3473

Council Consent Items

36. Budget Referral: $70,000 to the FY 2025-2026 Budget Process for Supply Bank School Supply Distribution
From: Mayor Arreguin (Author)
Recommendation: Refer to the FY 2025-2026 budget process $70,000 for Supply Bank ($35k for each fiscal year) to support their services in providing essential school supplies to Berkeley families.

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

Council Consent Items
Tuesday, May 7, 2024 AGENDA Page 15

37. Budget Referral: Replenishing Business Damage Mitigation Fund From: Mayor Arreguin (Author)
Recommendation: Refer to the Fiscal Year (FY) 2025-2026 Budget Process $50,000 to replenish the business damage mitigation fund providing one-time grants to small businesses who experience property damage due to vandalism and other problematic behavior.

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

38. Budget Referral: Cesar Chavez Solar Calendar Maintenance From: Mayor Arreguin (Author)
Recommendation: Refer to the Fiscal Year (FY) 2025-2026 budget process to allocate $10,000 to the Kala Art Institute, the fiscal sponsor for the Chavez/Huerta Tribute Site, for the continued purpose of employing grounds keepers and providing the resources needed for the maintenance of the Cesar Chavez/Dolores Huerta Solar Calendar Site until May/June 2026.

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

39. Budget Referral: SafeCity Connect Downtown Berkeley Pilot Program From: Councilmember Taplin (Author)
Recommendation: Refer to the budget process $320,000 to fund a two-year public- private security camera program between SafeCity Connect (SafeCity) and the Downtown Berkeley Property-based Business Improvement District (PBID) for ten (10) locations. This public-private partnership will develop performance and compliance metrics pursuant to the City of Berkeley’s Surveillance Ordinance, report on metrics regarding criminal activity clearance rates, deterrence and reduction of criminal activity, and develop privacy and transparency protocols to govern the management and implementation of its camera program.

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

40. Waterside Workshops Emergency Recovery Grant
From: Councilmember Taplin (Author)
Recommendation: Refer to the budget process $82,000 to Waterside Workshops to support youth enrichment and climate resilience programs following revenue losses due to construction and street closures on Bolivar Drive.

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

Council Consent Items
Tuesday, May 7, 2024 AGENDA Page 16

41. Relationship Nondiscrimination Ordinance
From: Councilmember Taplin (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Humbert (Co-Sponsor)
Recommendation: Adopt first reading of an Ordinance amending the Berkeley Municipal Code to include non-discrimination protections based on family and relationship structure.

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

42. Budget Referral: Berkeley Junior Jackets Capacity-Building Grant From: Councilmember Taplin (Author)
Recommendation: Refer to the Fiscal Year 2025-2026 biennial budget process $300,000 to provide Young Lives Matter Foundation, Inc. with funding for two years of operating costs for the Berkeley Junior Jackets Football and Cheer youth sports program, and to develop longer-term sustainability and growth plans for the organization.

Direct the City Manager to evaluate organizational capacity and strategic planning supported by this funding on a rolling basis consistent with Reimagining Public Safety and Gun Violence Prevention program implementation.

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

43. Budget Referral: Vision Zero Rapid Response on Bicycle Boulevards From: Councilmember Taplin (Author), Councilmember Humbert (Co-Sponsor) Recommendation:

1. Refer to the City Manager to incorporate the City of Oakland's Neighborhood Bike Route Implementation Guide for all Bicycle Boulevards designated in the City of Berkeley's Bicycle Plan, pursuant to the City's Vision Zero Action Plan, Complete Streets Policy, and other applicable policies and plans; and to prioritize proactive and retroactive implementation of standards on Bicycle Boulevards in response to recent traffic collisions, with consideration for quick-build interventions that can be removed, modified or made permanent to advance Vision Zero Action Plan goals.

2. Refer to the Fiscal Year 2025-2026 biennial budget process $200,000 for a Pilot implementation of Neighborhood Bikeway standards and Complete Streets interventions on Heinz Avenue and the intersection with Seventh Street, and prioritizing implementation on Bicycle Boulevards on High Injury Streets and/or the Equity Priority Area, considering any and all possible interventions to eliminate the risk of severe and fatal collisions such as: centerline hardening, quick-build pedestrian safety zones, curb extensions, raised crosswalks, ADA accessibility improvements at AC Transit bus stops, and protected left-hand turns.

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

Council Consent Items
Tuesday, May 7, 2024 AGENDA Page 17

44. Celebración Cultural Sylvia Mendez (Spring Cultural Celebration) by the Sylvia Mendez School PTA: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Bartlett (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of funds, including $1,500 from the discretionary council office budget of Councilmember Ben Bartlett, to the Sylvia Mendez Elementary School PTA to host a Spring Cultural Celebration event on May 4, 2024, in the courtyard on campus. The funds will be relinquished to the City’s General Fund from the discretionary council office budget of Councilmember Ben Bartlett and the discretionary council office budgets of any other City Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

45. Budget Referral Healthy Black Families Community Engagement - Ashby BART Development and Equitable Black Berkeley
From: Councilmember Bartlett (Author)
Recommendation: Refer $60,000 each to the FY2024/25 and FY2025/26 budget process to support a Community Advisory Group to provide thought leadership around implementation of a Black Cultural Zone and Health Equity Zone. This Community Advisory Group will address the ongoing community engagement needs to ensure community input/influence in the development of the Ashby BART station, the reparative framework for the historically Black Community including the Black Equity Zone and Health Equity Zone.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

46. Budget Referral to Fund Small Sites Program to Acquire, Rehabilitate, and Protect Existing Small Scale Housing
From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor)
Recommendation: Refer to the FY 2025-26 Budget Process: An allocation of $8 Million per year (for a two-year total of $16 Million) from existing affordable housing funds to the City of Berkeley Small Sites Program to support the acquisition and rehabilitation of small-scale residential buildings and their conversion to deed- restricted permanently affordable housing. $200,000 in FY25 and $150,000 in FY26 (total of $350,000 over two years) “Capacity Building” grants to the Bay Area Community Land Trust to support expanded participation in the City’s Small Sites Program.

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

Council Consent Items
Tuesday, May 7, 2024 AGENDA Page 18

47. Budget Referral to Continue Market Match Program for Low-Income Berkeley Residents in the Event of Statewide Program Cuts
From: Councilmember Hahn (Author), Councilmember Humbert (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Refer to the FY2025-26 Budget Process up to $360,000 (up to $180,000 per year) to safeguard the Market Match program for two fiscal years, supporting over 10,000 low-income Berkeley residents in accessing fresh local produce from Berkeley Farmers’ Markets.

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

48. Co-Sponsorship and Budget Referral for the Solano Avenue Stroll From: Councilmember Hahn (Author), Councilmember Wengraf (Co-Sponsor) Recommendation:

1. Adopt a Resolution for the City of Berkeley to Co-Sponsor the Solano Avenue Association’s September 2024 and September 2025 Solano Avenue Stroll events and to provide in-kind services previously provided at no cost to the Solano Stroll, including but not limited to police, fire, zero waste, and public works, at no cost to the September 2024 and 2025 Solano Stroll events.

2. Refer $10,000 per year to the FY 2025-2026 Budget Process ($20,000 total) to support the September 2024 and 2025 Solano Stroll events.

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

Council Consent Items
Tuesday, May 7, 2024 AGENDA Page 19

49. CARE Program for Berkeley Fire
From: Councilmember Hahn (Author), Mayor Arreguin (Co-Sponsor) Recommendation: Refer to the FY2025/2026 Budget Process funding for programs that offer care and support for our firefighters and emergency medical service workers (First Responders), the equipment they rely on, and the homes and workplaces we provide for them.

1. For a two-year Pilot Project to Screen for Cancer: $40,000 annually for two years to fund on-going age and risk-based full body cancer scans for First Responders that are subjected to carcinogens during the normal course of their work.

2. To add an FTE to the Fire Department for an In-House Fire Mechanic to service Fire Apparatus on-site and better meet the complex, unique, and time-sensitive needs of the Fire Department, and to save firefighters and the City time and money on outsourced maintenance service: $203,107 for one FTE, ongoing and inclusive of benefits, for a Lead Fire Mechanic. $350,000 in one-time funds to purchase the necessary tools and equipment.

3. For a Fire Reserve Program, offering internships with training to motivated High School graduates and/or college students who may enter the Fire Service after completion of the program, and to support recruitment: $120,000 per year, ongoing, to cover salaries for 6 interns, training, supervision, and equipment.

4. For one-time “FFE” (Furniture, Fixtures, and Equipment) upgrades to all Fire Stations, including but not limited to new appliances, enhancements to prevent cancer (decontamination dryers, carcinogen-reducing soaps/detergents, etc.), lighting, furniture, and other amenities to improve living, health, and working conditions: $140,000 to provide $20,000 for each of the City’s seven Fire Stations in one fiscal year. Alternatively, $70,000 in FY 2025 and in FY 2026, providing $10,000 per year for each Fire Station over two years, for a two-year total of $140,000.

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

50. Resolution in Support of the Campaign for a Safe and Healthy California From: Councilmember Hahn (Author), Councilmember Wengraf (Co-Sponsor) Recommendation: Send a resolution to Governor Gavin Newsom and the Campaign for a Safe and Healthy California, endorsing the campaign to “Keep the Law” and uphold Senate Bill 1137, which prohibits new oil and gas wells within 3,200 feet of homes, schools, nursing homes, and hospitals, and requires companies to adopt health, safety, and environmental standards.

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

Council Consent Items
Tuesday, May 7, 2024 AGENDA Page 20

51. Budget Referral for Development of Voluntary Design Guidelines From: Councilmember Hahn (Author), Councilmember Wengraf (Co-Sponsor) Recommendation: Refer to the City Manager to develop and return to the City Council for review and adoption a set of Voluntary Design Guidelines for the City of Berkeley. Refer $200,000 to the FY2025/2026 budget process to engage a consultant to assist with this process.

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

52. Budget Referral: City of Berkeley Annual Holocaust Remembrance Day From: Councilmember Wengraf (Author), Councilmember Humbert (Co- Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Hahn (Co- Sponsor)
Recommendation: Refer to the Fiscal Year 2025/2026 budget process a request for $7,000 annually to fund the City of Berkeley’s Annual Holocaust Remembrance Day Program.

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

53. Budget Referral: Crossing Guard for Cragmont School From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Refer to the Fiscal Year 2025/2026 Budget Process an annual allocation of $22,000 to fund a Crossing Guard for Cragmont Elementary School at the intersection of Regal Rd. and Spruce Street.

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

54. Budget Referral: Equipment for Hybrid Commission Meetings From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Refer to the Fiscal Year 2025/2026 Budget Process an allocation of $110,000 for infrastructure costs to conduct hybrid city commission meetings.

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

55. Budget Referral: $70,000 to Evaluate Pedestrian Safety and Implement Solutions on Euclid Avenue between Eunice Street and Bay View Place From: Councilmember Wengraf (Author), Councilmember Taplin (Co-sponsor), Councilmember Hahn (Co-sponsor)
Recommendation: Refer to the Fiscal Year 2025-2026 Budget Process an allocation of $70,000 to Evaluate Pedestrian Safety and Implement solutions on the short stretch of Euclid Ave between Eunice Ave and Bay View Place, including the crossings at Eunice and between Codornices Park and the Jane Hammond Field and the Berkeley Rose Garden and west side of Euclid.

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

Council Consent Items
Tuesday, May 7, 2024 AGENDA Page 21

56. Budget Referral: Civic Center Plan Phase III – Advancing Pre-Design & Construction Activities for Berkeley’s Maudelle Shirek and Veterans Buildings From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Refer to the Fiscal Year 2025/2026 Budget Process an allocation of $300,000 for the Civic Center Plan Phase III.

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

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 hea rings, appeals, and/or quasi-judicial matters) in one of two comment periods, either 1) before the Action Calendar is discussed; or 2) when the item is taken up by the Council.

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

The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action items may be reordered at the discretion of the Chair with the consent of Council.

Action Calendar – Scheduled Public Comment Period
During this public comment period, the Presiding Officer will open and close a comment period for each Action item on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters). The public may speak on each item. Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

Tuesday, May 7, 2024 AGENDA Page 22
Action Calendar – New Business

57. Re-Adoption of the Berkeley Building Codes, including Local Amendments to the 2022 California Building Standards Code
From: City Manager
Recommendation:

1. Adopt first reading of an Ordinance repealing and reenacting the Berkeley Building, Residential, Electrical, Mechanical, Plumbing, Energy, and Green Building Standards Codes in BMC Chapters 19.28, 19.29, 19.30, 19.32, 19.34, 19.36 and

19.37, and adopting related procedural and stricter provisions; and

2. Adopt a Resolution setting forth findings of local conditions that justify more stringent regulations than those provided by the 2022 California Building Standards Code Supplements, and rescinding Resolution No. 70,585-N.S.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Council Action Items

58. Council Referral - Proposed Changes to Public Comment (Reviewed by Agenda & Rules Committee)
From: Agenda & Rules Committee
Recommendation: Refer to the City Manager to review and implement recommendations by the Open Government Commission to improve public access, transparency, meeting procedures and public comment at City Council and commission meetings.

Direct the City Manager to return back to Council with amendments to the City Council Rules of Procedure and Order to implement these recommendations.

Policy Committee Recommendation: Send to the City Council with a Qualified Positive Recommendation on the Open Government Commission’s proposal “Proposed Changes to Public Comment” with the amendments/comments outlined in the report.

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

Information Reports

59. Environment and Climate Commission 2024 Work Plan
From: Environment and Climate Commission
Contact: Sarah Moore, Commission Secretary, (510) 981-7400

Public Comment – Items Not Listed on the Agenda
Adjournment

Tuesday, May 7, 2024 AGENDA Page 23
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90- day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

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

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

Com
munications 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 Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at

https://berkeleyca.gov/.

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

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.

Tuesday, May 7, 2024 AGENDA Page 24
Captioning services are provided at the meeting, on B- TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building , 2134 Martin Luther King Jr. Way, as well as on the City’s website, on April 26, 2024.

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.

Item #35: Use of Measure FF to Support Understory Mitigation

1. Berkeley Fire Safe Council
Item #50: Resolution in Support of the Campaign for a Safe and Healthy California

2. Jean Tepperman
Item #41: Relationship Nondiscrimination Ordinance

3. Nikhil Vashee
Parking Space Rent

4. Kevin Kunze

Street Paving

5. Dan Auten

6. Thomas8429854@

7. Julia Torrano

Holocaust

8. Dorothea Dorenz (2)

9. Councilmember Wengraf

10. Denah Bookstein

11. Mollie Mindel

12. William and Stefanie Guynn

13. JM Lerman

Climate Resilience

14. Kosmont Companies

Tuesday, May 7, 2024 AGENDA Page 25
Zero Waste

15. Chrise de Tournay (2)

2136 San Pablo as a Public Park or Open Space

16. Parks, Recreation and Waterfront Commission

Communities for Democracy

17. Jason Rissman

Traffic Calming

18. Valerie Blair McDermott

19. Tina de Benedictis
Police Accountability Board (PAB) Commendations

20. Director of PAB

Demolition and Dwelling Unit Controls

21. Lynn Fraley

22. Sabin Ray

Tax Dollars

23. Walter Wood

Pedestrian Safety

24. Anne Whyte

Measure Y1

25. Berkeley’s Youth Commission

Cal Campus Safety

26. ABC7 News

Willard Park

27. Theresa Fleury

28. Lynn Bradley

Pro-Housing Designation

29. David Kellogg

Share Berkeley

30. Steven Berger

31. Councilmember Hahn

Gilman Business District

32. Jerry Coe, on behalf of Coe Studios

Tuesday, May 7, 2024 AGENDA Page 26
Oxford Elementary School

33. Aimee Baldwin

34. Robbi Montoya

City Budget

35. Erin Liao

Business License Tax

36. Cynthia Kellogg

Bus Only Lanes

37. Ryan Lau, on behalf Alameda-Contra Costa Transit District

Bike Lanes

38. Liban Mohamed-Schwoebel

People’s Park

39. Phoebe Thomas Sorgen

40. Owen Martin Zuidema

41. Russell Bates

Cellular Coverage

42. Eric Friedman

Old Berkeley History

43. Commonwealth Club (2)

Art Grants

44. Commotion West Berkeley

Hot Tub – ZAB Appeal: ZP#2023-0081

45. Richard Spohn

Public Safety

46. Karina Racz

Living Jazz’s 40
th Anniversary

47. Lyz Luke

Aquatic Park Bathroom

48. Rocky Leplin

Heckling

49. Joanne Donsky

50. Itamar Landau

Tuesday, May 7, 2024 AGENDA Page 27
Chris Kindness Award

51. Alan Ross, on behalf of the Haas School of Business

Berkeley Public Schools

52. John Parman

Durant Food Court

53. Alex Merenkow

Bullies

54. Kathryn Levine

55. Advocate Four (2)

Veo Scooters

56. Sean

57. Monica DiLullo, on behalf of Veo

58. Steph Lauren, on behalf of Veo

Ceding Time

59. Phoebe Thomas Sorgen

Chess Club

60. Jesse Sheehan (2)

BART Housing

61. David Lerman

Casa Zimbabwe

62. Loren Martha Thatcher

Southside Complete Streets

63. Tom

64. Lin C.

Dwight Triangle

65. Enrique Marisol

Biolab Watch

66. Tina Stevens

Homelessness

67. Justin Lee

68. Julie Nachtwey

Berkeley Art Center Invitation

69. Berkeley Art Center

Tuesday, May 7, 2024 AGENDA Page 28

Aurora Theater Company

70. Josh Costello, on behalf of the Aurora Theater Company

71. Vincent Casalanina

Peace and Justice Commission

72. Caralee

73. Lisa Jervis

74. Amber

75. Eric Lee

76. Rocky Chau

77. Daniel Weisfield

78. Jo-Ellen Pozner Zeitlin

79. Jennifer Coffey

80. Flipside (2)

81. Ilene Lee

82. Denise Resnikoff

83. Sarah Lefton

84. Linda Wulf

85. Stanley Wulf

86. Shoshana Katz

87. Jeremy Smith

88. Susane DeWitt

89. Barbara Schick

90. Deena Aranoff

91. Kathia Gonzalez Castro

92. Jewish Coalition of Berkeley (2)

93. Zeev Neumeier

94. 16 similarly-worded form letters (Request)

95. 109 similarly-worded form letters (Disrespectful)

Hindu Civilization

96. Rudransh Narayan Tripathi (2)

Pedesterian Activated Signal

97. Eric Friedman

Activism

98. Judy Massarano

City Council

99. Aaron Katler
100. Sari Hale-Alper
101. Susanne DeWitt

Tuesday, May 7, 2024 AGENDA Page 29
Rebuttal
102. Tony Benado

A Safe Place
103. Carolyn Russell

Radio Antenna Permit
104. Mathison Ott

Hero Pay
105. AFSCME Local One, SEIU 1021 and CSU/PTRLA

Work Permits Immigrants
106. Yahel Flores
iFlip Gymnastics
107. Leesa Berahovich

Campaign Spending
108. Irene Rice

District 7
109. Shirley Kirsten
110. Fran Haselsteiner
111. John Parman
112. sheehanceo@
113. Russell Bates

Parking Enforcement
114. Jesse McCaffrey

Tree Pruning
115. J. Hawkridge

Electrification Fair
116. Mark Gilligan

Middle East Conflict
117. Christina Harb
118. Alexander McDonald
119. Sky
120. Ciara KB
121. Ory Sandel
122. Jon Jackson
123. Susanne DeWitt
124. Sheela Jivan (5)
125. Ilene Lee

Tuesday, May 7, 2024 AGENDA Page 30
126. Rachel Gita Schiff
127. Summer Brenner
128. Hillary Kilmnik
129. Phoebe Thomas
130. Zipporah Collins
131. Benjamin Burch
132. Madeeha Khan
133. Medina Marwa Danish
134. Rohan Sabnis
135. Sana Khan
136. Susanne DeWitt
137. Jewish Coalition of Berkeley
138. Paul Sas
139. Marvin Engel
140. Rick Kleine
141. Barry Fike
142. Jessica Pearlman
143. Andrea Cassidy
144. Absinthia Vermut
145. Leah Rothman
146. Ralph
147. Mike Sabes
148. Candace Hyde-Wang
149. Paul Revere
150. Patricia McCarthy
151. Jocelyn
152. Jordan Perry
153. Arissa De La Cerda
154. Joanne Donsky
155. Sheela Jivan
156. Yossi Fendel
157. Barbara Gilbert
158. Sabine Herrmann
159. Anne Alcott
160. Mara Weiss
161. Roshanak Gonzalez
162. Dorothea Dorenz (2)
163. Tina
164. Anysa Gray
165. Blue Ryon
166. Fatima Rahmani Ahmad
167. Aaron Katler
168. Majeed Thaika
169. Joanne Donsky
170. Gina Speckman
171. Sari Hale-Alper

Tuesday, May 7, 2024 AGENDA Page 31
172. Thomas Costa
173. Ashwaq Asfour
174. Aaron Katler
175. Melissa Tomlinson
176. Sandra Smith
177. Russell Bates (26)
178. 25 similarly-worded from letters (My name is)

URL’s Only
179. Linda Franklin
180. Russell Bates

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: https://berkeleyca.gov/

RECESS ITEM

CONSENT CALENDAR
May 7, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Tanya Bustamante, Interim Deputy Director, Health, Housing, and Community Services
Subject: Contract: Health Officer Coverage

RECOMMENDATION
Adopt a Resolution ratifying the action taken by the City Manager during recess to execute a contract with Dr. Lisa Hernandez for Health Officer services during periods when the City Health Officer is out of the office for the period April 1, 2024 through April 1, 2026 in an amount not to exceed $30,000.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS The City will have a gap in Health Officer coverage when the Health Officer is out of the office and unavailable.

FISCAL IMPACTS OF RECOMMENDATION
Costs for Health Officer coverage will be paid for by the Future of Public Health grant (Fund 302). Payment will be $50 per hour/$1,200 per day. Total costs are not to exceed $30,000.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley receives funding from the California Department of Public Health through the Future of Public Health grant. The funding requires each local health jurisdiction to have Health Officer on-call coverage at all times. The City of Berkeley currently has no plan for coverage when the City Health Officer is out of the office.

BACKGROUND
Most public health jurisdictions have on-call Health Officer coverage to address urgent communicable disease and other public health issues. Additionally, this coverage is required by the Future of Public Health grant. Dr. Hernandez served as Health Officer for the City of Berkeley for five years, until July 2023. The City Council is asked to approve Health Officer coverage, as Council also approves appointment of an Interim or Permanent Health Officer.

Contract for Health Officer Coverage CONSENT CALENDAR
Dr. Lisa Hernandez May 7, 2024

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
Health Officer coverage is required by the Future of Public Health grant, and may be needed if urgent public health issues arise.

ALTERNATIVE ACTIONS CONSIDERED
The City could continue to have periodic gaps in Health Officer coverage when the Health Officer is unavailable.

CONTACT PERSON
Anju Goel, MD, MPH, Interim Health Officer, HHCS, 510-981-5292 Attachments:
1: Resolution

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

CONTRACT: DR. LISA HERNANDEZ FOR HEALTH OFFICER SERVICES DURING

PERIODS WHEN THE CITY HEALTH OFFICER IS OUT OF OFFICE
WHEREAS, most public health jurisdictions have on-call Health Officer coverage to address urgent communicable disease and other public health issues; and WHEREAS, the City of Berkeley receives funding from the California Department of Public Health through the Future of Public Health grant, which requires each local health jurisdiction to have Health Officer coverage at all times; and WHEREAS, Dr. Hernandez served as the Health Officer for the City of Berkeley for five years, and is willing to provide coverage for the City of Berkeley again; and NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley to adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with Dr. Lisa Hernandez from April 1, 2024 to April 1, 2026 in an amount not to exceed $30,000.00

Public
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/

RECESS ITEM

CONSENT CALENDAR
May 7, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: Purchase Order: SHI for KnowBe4 Products and Services

RECOMMENDATION
Adopt a Resolution ratifying the action taken by the City Manager during Spring Recess for the approval and authorization to execute a purchase order in the amount of $135,189 with SHI for continued use of KnowBe4 cybersecurity content, products and tools.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS The City’s Cybersecurity program relies on security awareness training content provided by KnowBe4 and the current 3-year term has reached conclusion. Failure to renew will result in a break in service of the City’s Cybersecurity program.

FISCAL IMPACTS OF RECOMMENDATION
This product is funded through the IT Cost Allocation (680) fund in the amount of $135,189.

CURRENT SITUATION AND ITS EFFECTS
The current 3-year term for KnowBe4 has reached conclusion, and we would like to continue using their services for the next three (3) years through 2/27/2027. The vendor we have used, Axidome, is no longer in business and we were able to identify an alternative existing reseller partner, SHI.

BACKGROUND
The City’s Cybersecurity program relies on security awareness training that is vital for educating employees about cybersecurity threats, empowering them to recognize and respond effectively to such risks, ensuring compliance with security best practices, and defending against theft, sabotage, and other insider threats.

KnowBe4 is the service provider the City has been using for at least the previous three (3) years and is integral to the City’s ongoing Cybersecurity and Awareness program.

Public
KnowBe4 Goods and Services with SHI CONSENT CALENDAR
May 7, 2024

The current 3-year term has reached conclusion, and we would like to continue using their services for the next 3 years through 2/27/2027.

The Cybersecurity program is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities and create a resilient, safe, connected, and prepared city.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
KnowBe4 is a content and tool provider providing services and tools that are solely delivered electronically, thereby eliminating any associated greenhouse gas emissions related to travel.

RATIONALE FOR RECOMMENDATION
KnowBe4 is the service provider the City has been using for at least the previous three (3) years and is integral to the City’s ongoing Cybersecurity and Awareness program.

The current 3-year term has reached conclusion, and to avoid a break in service to the City’s Cybersecurity and Awareness program, we would like to continue using their services for the next 3 years through 2/27/2027.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered not using KnowBe4 products but by not utilizing them, we would need to produce our own training content which would be both time and cost prohibitive.

While there may be alternative products on the market, KnowBe4 is well integrated with our existing infrastructure and implementing another vendor product would cause a break in our Cybersecurity and Awareness program, increasing the risk of a potential security breach of the City.

CONTACT PERSON
Kevin Fong, Director, Information Technology, 510-981-6541 Attachments:

1. Resolution

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

PURCHASE ORDER: PROCUREMENT OF KNOWBE4 PRODUCTS AND SERVICES

THROUGH SHI
WHEREAS, the City’s Cybersecurity and Awareness program relies on security awareness training that is vital for educating employees about cybersecurity threats, empowering them to recognize and respond effectively to such risks, ensuring compliance with security best practices, and defending against theft, sabotage, and other insider threats; and
WHEREAS, the City’s Cybersecurity and Awareness program relies on security awareness training content provided by a service provider; and WHEREAS, KnowBe4 is the service provider the City has been using for at least the previous three (3) years and is integral to the City’s ongoing Cybersecurity and Awareness program; and
WHEREAS, the current 3-year term for KnowBe4 has reached conclusion, and we would like to continue using their services for the next three (3) years through 2/27/2027; and WHEREAS, the vendor we have used, Axidome, is no longer in business but we are able to identify an alternative existing reseller partner, SHI; and WHEREAS, failure to renew will result in a break in service of the City’s Cybersecurity and Awareness program.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager to approve and authorize the execution of a purchase order with SHI in the amount of $135,189 for continued use of KnowBe4 cybersecurity content, products and tools.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 • Tel: 510.981.6700 • TDD: 510.981.6903 • Fax: 510.981.6710 E-mail: [email protected] Website : http://www.CityofBerkeley.info/Manager

RECESS ITEM

CONSENT CALENDAR
May 7, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Contract Amendments: As-needed Trees Services with Bay Area Tree, Hamilton Tree, Professional Tree, and West Coast Arborist

RECOMMENDATION
Adopt four Resolutions ratifying the action taken by the City Manager during recess authorizing the City Manager to amend contracts with Bay Area Tree Specialists (31900202), Hamilton Tree Service (31900193), Professional Tree Care (31900212), and West Coast Arborists (31900218), for as-needed tree services, increasing the amount by $500,000 each and extending the terms to May 28, 2026.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS The City’s ability to handle tree-related emergencies will be reduced until these as-needed tree service contracts can be renewed.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this contract amendment of $500,000 each for a total of $2,000,000 is available in the Fiscal Year (FY) 2025 and (FY) 2026 budget in the Parks Tax Fund (138-52-542- 566-0000-000-461-612990) and the Fire Fuel Abatement Fund (011-52-542-566-1001-000- 461-612990). The addition of $500,000 to each of the four contracts will increase the not- to-exceed total contract amount for each contract as follows: Bay Area Tree Specialists (NTE $1,550,000); Hamilton (NTE $1,250,000); Professional Tree (NTE $950,000); and West Coast Arborist (NTE $1,450,000).

CURRENT SITUATION AND ITS EFFECTS
The City currently has contracts with four tree service providers (Bay Area Tree Specialists, Hamilton Tree, Professional Tree, and West Coast Arborists) to perform various as-needed tree services, primarily consisting of tree and stump removals, tree pruning, and emergency response to storm damage throughout the city on the public right of way, street medians, pathways, and in public parks. To date, staff has identified trees that need to be removed and pruned to reduce fire fuel and improve public safety.

RECESS ITEM
Contract Amendments for As-needed Tree Services w/ Bay Area Tree, CONSENT CALENDAR Hamilton, Professional, and West Coast Arborist May 7, 2024

All four contract expire on May 28, 2024 and therefore need to be extended in order to complete this anticipated work.

BACKGROUND
In April 2019, the City issued a Request for Proposal (RFP) for tree services work on an as- needed basis. The City determined that four tree service contractors the criteria described in the RFP and issued contracts to the following: Bay Area Tree Specialists, Hamilton Tree, Professional Tree Care, and West Coast Arborists.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The maintenance of the urban forest and the prevention of destructive urban fires are essential in meeting the City’s Climate Action Goals over the long term.

RATIONALE FOR RECOMMENDATION
Staff has identified trees to be removed and pruned at various parks, on City paths, and along the public right of way which will reduce the fire fuel load and improve public safety.

The City does not have the in-house labor or equipment resources to complete these jobs in an efficient manner.

Alternative Actions Considered
None

CONTACT PERSON
Bruce Pratt, Parks Superintendent, 981-6632
Thomas Dodge, Senior Forestry Supervisor, 981-6689
Attachments:
1: Four Resolutions

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

CONTRACT NO. 31900202 AMENDMENT: BAY AREA TREE SPECIALISTS FOR

AS-NEEDED TREE SERVICES
WHEREAS, in April 2019, a Request for Qualifications (RFQ) was issued seeking firms to provide tree services on an as-needed basis; and
WHEREAS, on May 28, 2019, the City determined that Bay Area Tree Specialists met the criteria described in the RFQ and executed contract no. 31900202; and WHEREAS, on April 14, 2020, the not-to-exceed amount of the contract increased from $300,000 to $500,000 by Resolution No. 68,972-N.S.; and WHEREAS, on September 14, 2021, the not-to-exceed amount of the contract increased from $500,000 to $800,000 by Resolution No. 70,024-N.S. and extend the term to May 28, 2023; and
WHEREAS, on March 10, 2023, the City Manager extended the term to May 28, 2024; and WHEREAS, on June 6, 2023, the not-to-exceed amount of the contract increased from $800,000 to $1,050,000 by Resolution No. 70,874-N.S.; and WHEREAS, to-date, staff has identified trees to be removed and pruned to reduce the fire fuel load and other trees to be pruned to improve the health and safety of the urban forest; and
WHEREAS, funding for this contract amendment of $500,000 is available in the Fiscal Year (FY) 2025 and (FY) 2026 budget from the Parks Tax Fund (138) and the Fire Fuel Abatement Fund (011).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager to execute an amendment to Contract No. 31900193 with Bay Area Tree Specialists for as-needed tree services, increasing the amount by $500,000 for a not-to-exceed total contract amount $1,550,000 and extend the term to end on May 28, 2026. A record signature copy of said contract amendment to be on file in the Office of the City Clerk.

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

CONTRACT NO. 31900193 AMENDMENT: HAMILTON TREE FOR

AS-NEEDED TREE SERVICES
WHEREAS, in April 2019, a Request for Qualifications (RFQ) was issued seeking firms to provide tree services on an as-needed basis; and
WHEREAS, on May 28, 2019, the City determined that Hamilton Tree met the criteria described in the RFQ and executed contract no. 31900193; and WHEREAS, on July 12, 2022, the not-to-exceed amount of the contract increased from $200,000 to $500,000 by Resolution No. 70,448-N.S.; and WHEREAS, on March 10, 2023, the City Manager extended the term to May 28, 2024; and WHEREAS, on June 6, 2023, the not-to-exceed amount of the contract increased from $500,000 to $750,000 by Resolution No. 70,875-N.S.; and WHEREAS, to-date, staff has identified trees to be removed and pruned to reduce the fire fuel load and other trees to be pruned to improve the health and safety of the urban forest; and
WHEREAS, funding for this contract amendment of $500,000 is available in the Fiscal Year (FY) 2024 and (FY) 2025 budget from the Parks Tax Fund (138) and the Fire Fuel Abatement Fund (011).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager to execute an amendment to Contract No. 31900193 with Hamilton Tree for as-needed tree services, increasing the amount by $500,000 for a not-to-exceed total contract amount $1,250,000 and extend the term to end on May 28, 2026. A record signature copy of said contract amendment to be on file in the Office of the City Clerk.

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

CONTRACT NO. 31900212 AMENDMENT: PROFESSIONAL TREE FOR

AS-NEEDED TREE SERVICES
WHEREAS, in April 2019, a Request for Qualifications (RFQ) was issued seeking firms to provide tree services on an as-needed basis; and
WHEREAS, on May 28, 2019, the City determined that Professional Tree met the criteria described in the RFQ and executed contract no. 31900212; and WHEREAS, on March 10, 2023, the City Manager extended the term to May 28, 2024; and WHEREAS, on June 6, 2023, the not-to-exceed amount of the contract increased from $200,000 to $450,000 by Resolution No. 70,876-N.S.; and WHEREAS, to-date, staff has identified trees to be removed and pruned to reduce the fire fuel load and other trees to be pruned to improve the health and safety of the urban forest; and
WHEREAS, funding for this contract amendment of $500,000 is available in the Fiscal Year (FY) 2025 and (FY) 2026 budget from the Parks Tax Fund (138) and the Fire Fuel Abatement Fund (011).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager to execute an amendment to Contract No. 31900212 with Professional Tree for as-needed tree services, increasing the amount by $500,000 for a not-to-exceed total contract amount $950,000 and extend the term to end on May 28, 2026. A record signature copy of said contract amendment to be on file in the Office of the City Clerk.

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

CONTRACT NO. 31900218 AMENDMENT: WEST COAST ARBORISTS, INC FOR

AS-NEEDED TREE SERVICES
WHEREAS, in April 2019, a Request for Qualifications (RFQ) was issued seeking firms to provide tree services on an as-needed basis; and
WHEREAS, on May 28, 2019, the City determined that West Coast Arborists met the criteria described in the RFQ and executed contract no. 31900218; and WHEREAS, on September 14, 2021, the not-to-exceed amount of the contract increased from $200,000 to $500,000 by Resolution No. 70,025-N.S and extend the term to end on May 28, 2023; and
WHEREAS, on July 12, 2022, the not-to-exceed amount of the contract increased from $500,000 to $700,000 by Resolution No. 70,449-N.S.; and WHEREAS, on March 10, 2023, the City Manager extended the term to May 28, 2024; and WHEREAS, on June 6, 2023, the not-to-exceed amount of the contract increased from $700,000 to $950,000 by Resolution No. 70,877-N.S.; and WHEREAS, to-date, staff has identified trees to be removed and pruned to reduce the fire fuel load and other trees to be pruned to improve the health and safety of the urban forest; and
WHEREAS, funding for this contract amendment of $500,000 is available in the Fiscal Year (FY) 2024 and (FY) 2025 budget from the Parks Tax Fund (138) and the Fire Fuel Abatement Fund (011).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager to execute an amendment to Contract No. 31900218 with West Coast Arborist for as-needed tree services, increasing the amount by $500,000 for a not-to-exceed total contract amount $1,450,000 and extend the term to end on May 28, 2026. A record signature copy of said contract amendment to be on file in the Office of the City Clerk.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 • Tel: 510.981.6700 • TDD: 510.981.6903 • Fax: 510.981.6710 E-mail: [email protected] Website : http://www.CityofBerkeley.info/Manager

RECESS ITEM

CONSENT CALENDAR
May 7, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Contract: School Foodies for Summer Food Service Program

RECOMMENDATION
Adopt a Resolution ratifying the action taken by the City Manager during recess authorizing the City Manager to execute a one (1) year contract and any amendments with School Foodies to provide lunches and afternoon snacks to Berkeley youth for the City’s Summer Food Service Program for a total amount not to exceed $95,000, for the period of June 1, 2024 through May 31, 2025, with up to four (4) additional one-year extensions not to exceed $95,000 each year, contingent upon the availability of State funding, for a total contract amount not to exceed $475,000.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS The City must submit the annual Summer Food Service Program application for reimbursement to the State of California no later than May 10, 2024. Awarding a contract for this essential program as soon as possible in March 2024 will allow enough time for the City to execute a new contract with School Foodies in time to meet the State application deadline.

FISCAL IMPACTS OF RECOMMENDATION
Funds for the Summer Food Service Program (SFSP) are provided via a grant from the California Department of Education (CDE). The City will purchase food from School Foodies, using budgeted funds from Youth Lunch Fund (account code 319-52-543-570- 1004-000-461-644110-). The City will then request reimbursement from the CDE, and deposit revenues into Youth Lunch revenue code 319-52-543-570-1004-000-000-431810-.

The amount of actual expenditures will vary from year to year depending on number of youth enrolled in the summer lunch program. First year funding is available in the FY24 budget; and future years will be budgeted at the same level.

CURRENT SITUATION AND ITS EFFECTS
The City’s annual Summer Food Service Program begins on June 10, 2024 and will provide approximately 400 free lunches and snacks per day to low-income youth for a nine-week period. A contract to provide these services must be in place in order for the City to submit

RECESS ITEM
Contract: School Foodies for Summer Food Service Program CONSENT CALENDAR May 7, 2024

its annual application for reimbursement to the California Department of Education Nutrition Services Division Summer Food Service Program, which is due no later than May 10th.

The City released a Request for Proposal (RFP) (Specification No. 24-11637-C) on January 25, 2024 and one (1) proposal was submitted on February 29, 2024. Staff determined that the proposal from Upton Inc. DBA School Foodies fully met the criteria contained in the RFP, and the meal rates charged by School Foodies are in compliance with the California Department of Education 2024 Reimbursement Rate. Staff recommends that Council authorize a contract with School Foodies to provide these services.

BACKGROUND
For the past 45 years, the City of Berkeley has sponsored the Summer Food Service Program, administered for the past 20 years by the California Department of Education Nutrition Services Division. The Parks Recreation & Waterfront Department expects to contract in FY 2024 – FY 2025 for approximately 400 lunches and snacks per day during a 10-week summer program. The CDE reimburses the City for the cost of administering the program and preparing and delivering lunches and snacks through a Permanent Agreement with the City of Berkeley authorized by City Council on April 22, 2008 (Resolution No. 64,027-N.S.).

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
School Foodies, Inc. is a local food services provider in Hayward, CA that complies with the City’s Food Nutrition policy (Resolution No. 61,272-N.S., September 25, 2001) that strives to achieve the following goals: ensure that the food served in City programs shall, within the fiscal resources available; be nutritious, fresh, and reflective of Berkeley's cultural diversity; be from regionally grown or processed sources to the maximum extent possible; be organic (as defined by the United States Department of Agriculture (USDA) National Organic Program regulations) to the maximum extent possible; and not come from sources that utilize excessive antibiotics, bovine growth hormones, irradiation, or transgenic modification of organisms until such time as the practice is proven to enhance the local food system1

RATIONALE FOR RECOMMENDATION
The City of Berkeley Parks Recreation and Waterfront Department does not have facilities to prepare snacks and meals that would comply with the United States Department of Agriculture guidelines. School Foodies received the highest score based on the selection criteria per the RFP, they received excellent references, their food was packaged correctly, and their cost was reasonable. School Foodies will provide prepared lunch and snacks that follow the CDE nutritional requirements, and therefore staff recommend approval of a contract for the Summer Food Service Program.

Alternative Actions Considered
None

CONTACT PERSON
Scott Ferris, Director, Parks, Recreation & Waterfront Department, 981-6700 Stephanie Chu, Recreation & Youth Services Manager, 981-6707

RECESS ITEM
Contract: School Foodies for Summer Food Service Program CONSENT CALENDAR May 7, 2024

Ginsi Bryant, Recreation Program Supervisor, 981-6678
Justin Pitcher, Recreation Program Supervisor, 981-5123 Attachments:
1: Resolution

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

CONTRACT: SCHOOL FOODIES FOR SUMMER FOOD SERVICE PROGRAM WHEREAS, the City of Berkeley has sponsored the Summer Food Service Program for the past forty-five years; and
WHEREAS, the State of California Department of Education Nutrition Services Division Summer Food Service Program reimburses the City for the cost of preparing and delivering lunches and snacks for the summer lunch program through a Permanent Agreement with the City of Berkeley authorized by City Council on April 22, 2008 (Resolution No. 64,027-N.S.); and
WHEREAS, a contract with a vendor to provide these services must be in place in order for the City to submit its annual application for reimbursement to the California Department of Education Nutrition Services Division Summer Food Service Program in the Spring and; and
WHEREAS, a Request for Proposal (Specification No. 24-11637-C) was released on January 25, 2024 and one (1) proposal was submitted on February 29, 2024; and WHEREAS, the proposal from School Foodies was determined to best meet the criteria contained in the RFP; and
WHEREAS, the meal rates submitted by School Foodies are in compliance with the California Department of Education 2024 Reimbursement Rate; and WHEREAS, FY24 funds are available in the Youth Lunch Fund (fund 319), and future years will be budgeted at the same level.

NOW THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager during recess to execute a one-year contract and any amendments with Upton Inc. DBA School Foodies to provide lunches and afternoon snacks to Berkeley youth for the City’s Summer Food Service Program for a total amount not to exceed $90,000, for the period of June 1, 2024 through May 31, 2025, with options to execute up to four (4) additional one-year extensions not to exceed $95,000 each year, contingent upon the availability of State funding, for a total contract amount not to exceed $475,000. A record signature copy of said contract and any amendments to 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

RECESS ITEM

CONSENT CALENDAR
May 7, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Department of Parks, Recreation, and Waterfront Subject: Construction Contract: THE DUTRA GROUP for the Docks D & E Replacement Project at the Berkeley Marina

RECOMMENDATION
Adopt a Resolution ratifying the action taken by the City Manager during recess:

1. Approving the plans and specifications for the Berkeley Marina Docks D & E Replacement Project (Bid Specification No. 24-11633-C); and

2. Accepting the bid of THE DUTRA GROUP as the lowest responsive and responsible bidder on the Project; and

3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with THE DUTRA GROUP, for the Berkeley Marina Docks D & E Replacement Project, in an amount not to exceed $8,593,200, which includes a contract amount consisting of base bid of $7,812,000 and a 10% contingency in the amount of $781,200.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS The Docks D &E Replacement Project is partially funded by FY2022 State Budget Allocation and administered by State Coastal Conservancy (SCC) which requires that the construction be completed by November, 2025. The project has a very long lead time for the procurement of specialized material and equipment for the Docks D & E Replacement Project. Awarding this construction contract as soon as possible will significantly increase the City’s ability to complete the work by the funding deadline of November 2025.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available in FY 2024 CIP Fund (Fund 501) and FY 2024 CIP-Internal Loan.

Funding will be recommended for appropriation in FY 2024 through the second amendment to the appropriations ordinance in the State Coastal Conservancy Grant (Fund 606).

RECESS ITEM
Construction contract: The Dutra Group for Berkeley Marina Docks D & E CONSENT CALENDAR Replacement Project May 7, 2024

No other funding is required, and no other projects will be delayed due to this expenditure.

THE DUTRA GROUP CONSTRUCTION (lowest bid) .............................$7,812,000 10% Contingency $781,200
Total construction cost $8,593,200
FY2024 State Coastal Conservancy Grant ........................................................... $4,305,346 FY2024 CIP-General Fund…………………………………………… …… $36,454
FY2024 CIP Internal Loan………………………………………… $4,251,400
Total construction cost $8,593,200

CURRENT SITUATION AND ITS EFFECTS
Berkeley Marina Docks D & E Replacement Project is a Strategic Plan Priority Project, advancing our goal of providing provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

The Berkeley Marina Docks D & E Replacement Project was duly advertised for competitive bids on January 31, 2024, and bids were opened on March 14, 2024. Four (4) bids were received ranging from a low base bid of $7,812,000 to a high base bid of $8,765,000, as detailed in Attachment 2: Bid Abstract. The Dutra Group of San Rafael, CA was the lowest responsive and responsible bidder with a base bid of $7,812,000.

References for The Dutra Group proved satisfactory. Therefore, Staff recommends the contract be awarded to The Dutra Group.

The Living Wage Ordinance does not apply to this project since Public Works construction contracts are, pursuant to City policy, subject to State prevailing wage laws. Contractor will submit a Certification of Compliance with the Equal Benefits Ordinance. The Community Workforce Agreement applies to this project because the estimated value of the project exceeds $500,000. As a result, the successful bidder and all subcontractors will be required to sign an agreement to be bound by the terms of the Agreement. Construction is expected to begin in August, 2024 and be completed by November, 2025.

BACKGROUND
The Berkeley Marina is one of the largest marinas in the East Bay. It is a highly valued community resource offering recreational opportunities and open space amenities for both local residents and visitors throughout the Bay Area. It contains a range of facilities: a hotel, restaurants, marina-related offices, 1,000 boat slips, the Berkeley Pier, and the trails and open space at Cesar Chavez Park and McLaughlin Eastshore State Park.

RECESS ITEM
Construction contract: The Dutra Group for Berkeley Marina Docks D & E CONSENT CALENDAR Replacement Project May 7, 2024

The floating dock system at Docks D and E was constructed in the early 1970s and is well past the original expected useful life of 15 years. About 40 to 50 percent of the slips have degraded to the point of being unusable. Despite on-going maintenance efforts, the docks continue to present safety hazards due to broken and rotted deck planking, many areas on the docks have torqued due to water intrusion into the dock floats, most of the old-chemical treated timber piles are rotted or collapsed at the water line, and the electrical service is largely the original construction that has failed a number of times.

Age-related deterioration was exacerbated by a 2009 storm event that caused significant damage to the end slips. In addition to structural problems, the original design of both docks does not meet current ADA accessibility standards, and does not support the current trend for longer recreational vessels.

This project will replace the entire floating dock system with an improved system that consists of: ADA slips and gangway, longer lasting concrete docks, chemically-inert concrete piles, code compliant utilities such as electrical, potable water and fire suppression systems, along with landside improvements as such a new security gate structure and shoreline slope protection.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The construction contract includes requirements to comply with the City’s Environmentally Preferable Purchasing Policy. The work will also comply with the conditions contained in the Bay Conservation Development Commission (BCDC) Permit, US Army Corps of Engineers Permit, and San Francisco Bay Regional Water Quality Control Board Permit.

RATIONALE FOR RECOMMENDATION
This project is part of the City’s ongoing effort to update and maintain the deteriorated infrastructure at the Berkeley Marina. The project will help the City advance Strategic Plan Long-term goal number 1 to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, Parks Recreation & Waterfront, 981-6700 Nelson Lam, Supervising Civil Engineer, PRW, 981-6395
Attachments:
1: Resolution
2: Bid Abstract Summary

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

CONSTRUCTION CONTRACT: THE DUTRA GROUP FOR THE BERKELEY MARINA

DOCKS D & E REPLACEMENT PROJECT
WHEREAS, the existing floating dock system at Docks D & E at the Berkeley Marina was originally constructed in the 1960s and has well past the original expected useful life of 15 years, it is in need of replacement; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake this project; and
WHEREAS, an invitation for bids was duly advertised on January 31, 2024, bids were opened on March 14, 2024, and the City received four (4) bids; and WHEREAS, the bid from THE DUTRA GROUP was the lowest responsive, responsible bid of $7,812,000, and references for THE DUTRA GROUP were provided and checked out satisfactorily; and
WHEREAS, funding is available in FY 2024 CIP Fund (Fund 501) and FY 2024 CIP- Internal Loan. Funding will be recommended for appropriation in FY 2024 through the second amendment to the appropriations ordinance in the State Coastal Conservancy Grant (Fund 606).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager to approve the Plans and Specification No. 24-11633-C for the Berkeley Marina Docks D & E Replacement Project; and to execute a contract and any amendments, extensions, or change orders until completion of the project in accordance with the approved plans and specifications with THE DUTRA GROUP for the Berkeley Marina Docks D & E Replacement Project in an amount not to exceed $8,593,200, which includes a contract amount consisting of base bid plus allowance of $7,812,000 and a 10% contingency in the amount of $781,200 for unforeseen circumstances. A record signature copy of the agreement and any amendments to be on file in the Office of the City Clerk.

May 7, 2024

Attachment 2 - Bid Abstract

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7010 E-Mail: [email protected] Website: http://www.ci.berkeley.ca.us

RECESS ITEM

CONSENT CALENDAR
May 7, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Contract No. 32300187 Amending: First Serve Productions for Additional Sport Court Repair and Resurfacing

RECOMMENDATION
Adopt a Resolution ratifying the action taken by the City Manager during recess, authorizing the City Manager to amend Contract No. 32300187 with First Serve Productions for additional sport court repair and resurfacing at City parks by increasing the construction contract amount by $198,000 for a not-to-exceed amount of $374,669.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS While funding for this contract amendment is currently available in the FY2024 Parks Tax budget, there is insufficient time to complete the work in this fiscal year if the contract amendment authorizing additional expenditure is not approved in a timely manner.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the construction contract amendment in the amount of $198,000 is available in FY 2024 Parks Tax budget code 138-52-545-000-0000-000-461-624110.

CURRENT SITUATION AND ITS EFFECTS
The City has a current construction contract with First Serve Productions for sport court asphalt repairs and resurfacing at City parks to improve public safety in the amount of $176,669 (Contract No. 32300187). Staff has identified additional sport court resurfacing work at City parks that will improve public safety. First Serve Productions has agreed to keep the same unit prices for this work. These prices were the lowest obtained through a competitive construction bid process. Amending the contract provides the City with a cost-effective way to perform this additional work at City parks in a timely manner.

RECESS ITEM
Contract Amendment – First Serve Productions - CONSENT CALENDAR Additional Sport Court Repairs and Resurfacing May 7, 2024 2 BACKGROUND
In March 2023, the City issued an Invitation For Bid (IFB) for construction work for sports courts repairs and resurfacing for PRW (Spec. No. 23-11589). Among the bids received, the City identified First Serve Productions as the lowest responsive and responsible bidder and executed a construction contract on June 1, 2023.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE CHANGE
The construction work under this contract amendment involves the repair and resurfacing of existing sports courts and pathways and will not have a negative impact on the environment or on climate change.

RATIONALE FOR RECOMMENDATION
First Serve Productions is currently under contract to perform sports court resurfacing to improve public safety, and the City does not have the in-house labor or equipment resources to perform this additional work at City parks.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Scott Ferris, Director, Parks, Recreation & Waterfront Department, 510-981-6700 Bruce Pratt, Parks Superintendent, 510-981-6700

ATTACHMENTS

1. Resolution

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

CONTRACT NO. 32300187 AMENDMENT: FIRST SERVE PRODUCTIONS FOR

ADDITIONAL ASPHALT REPAIRS AND RESURFACING AT CITY PARKS WHEREAS, in March 2023, the City issued an Invitation For Bid (IFB) for construction work for sports courts repairs and resurfacing for PRW (Spec. No. 23-11589). Among the bids received, the City identified First Serve Productions as the lowest responsive and responsible bidder and executed a construction contract on June 1, 2023; WHEREAS, staff has identified additional court resurfacing and repair work at City parks to improve public safety. First Serve Productions has agreed to keep the same unit prices for this work. These prices were the lowest obtained through a competitive bid process; and
WHEREAS, funding for the construction contract amendment in the amount of $198,000 is available in FY 2024 Parks Tax budget code 138-52-545-000-0000-000-461-624110.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager to execute an amendment to Contract No. 32300187 with First Serve Productions for additional asphalt repairs and resurfacing at City parks by increasing the construction contract amount by $198,000 for a not-to-exceed amount of $374,669.

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

RECESS ITEM

CONSENT CALENDAR
May 7, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Department of Parks, Recreation, and Waterfront Subject: Construction Contract: THE DUTRA GROUP for the Berkeley Marina Dredging Project

RECOMMENDATION
Adopt a Resolution ratifying the action taken by the City Manager during recess:

1. Approving the plans and specifications for the Berkeley Marina Dredging Project (Bid Specification No. 24-11644-C); and

2. Accepting the bid of THE DUTRA GROUP as the lowest responsive and responsible bidder on the Project; and

3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with THE DUTRA GROUP, for the Berkeley Marina Dredging Project, in an amount not to exceed $4,843,566, which includes a contract amount consisting of base bid of $4,612,920 and a 5% contingency in the amount of $230,646.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS The Berkeley Marina Dredging Project is funded by an FY2022 State Budget Allocation and administered by State Coastal Conservancy (SCC) which requires that the construction be completed by November, 2025. The current project schedule involves work in the waters of the San Francisco Bay, which has a very tight work window each year as per regulatory agency requirements (August through November). Awarding this construction contract as soon as possible will significantly increase the City’s ability to complete the work by the funding deadline of November 2025.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available from the FY 2024 CIP-Internal Loan. Funding will be recommended for appropriation in FY 2024 through the second amendment to the appropriations ordinance in the State Coastal Conservancy Grant (Fund 606). No other funding is required, and no other projects will be delayed due to this expenditure.

RECESS ITEM
Construction Contract - The Dutra Group for Berkeley Marina Dredging CONSENT CALENDAR May 7, 2024

THE DUTRA GROUP CONSTRUCTION (lowest bid) .............................$4,612,920 5% Contingency $230,646
Total construction cost $4,843,566
FY2024 CIP Internal Loan ............................................................................................. $380,646 FY2024 State Coastal Conservancy Grant………………………………. $4,462,920 Total construction cost $4,843,566

CURRENT SITUATION AND ITS EFFECTS
The Berkeley Marina Dredging Project (Project) is a Strategic Plan Priority Project, advancing our goal of providing state-of-the-art, well-maintained infrastructure, amenities, and facilities.

The City conducted a competitive Invitation For Bid (IFB) process in January, 2024, and bid the opening was on March 7, 2024. One (1) bid was received from The Dutra Group of San Rafael, CA with a base bid of $ 4,612,920 (see Attachment 2: Bid Abstract).

The City has determined that The Dutra Group meets the California public construction code definition of lowest responsible and responsible bidder. References for The Dutra Group proved satisfactory. Staff therefore recommends the contract be awarded to The Dutra Group.

The Living Wage Ordinance does not apply to this project since Public Works construction contracts are, pursuant to City policy, subject to State prevailing wage laws. Contractor will submit a Certification of Compliance with the Equal Benefits Ordinance. The Community Workforce Agreement applies to this project because the estimated value of the project exceeds $500,000. As a result, the successful bidder and all subcontractors will be required to sign an agreement to be bound by the terms of the Agreement. Construction is expected to begin in August, 2024 and be completed by December, 2024.

BACKGROUND
The Berkeley Marina is one of the largest marinas in the East Bay. It is a highly valued community resource offering recreational opportunities and open space amenities for both local residents and visitors throughout the Bay Area. It contains a range of facilities: a hotel, restaurants, marina-related offices, 1,000 boat slips, the Berkeley Pier, and the trails and open space at Cesar Chavez Park and the state’s McLaughlin Eastshore State Park.

Due to the accumulation of sediment over time, the north and central entrances at the Marina Harbor Basin have become too shallow for most vessels to access. The south entrance has become the only ingress and egress to support the City’s over 1,000 boat slips at Harbor Basin. With the last maintenance dredging at the south entrance

RECESS ITEM
Construction Contract - The Dutra Group for Berkeley Marina Dredging CONSENT CALENDAR May 7, 2024

approximately 35 years ago, the south entrance is now becoming a navigational challenge during low tides for larger boats.

The Marina Dredging Project will safe and unimpeded access to all vessels at the Berkeley Marina by restoring and enhancing the depths of the Marina ingress and egress routes. The Project will perform maintenance dredging at the entrances at the existing two breakwaters, at the main fairway, and at Docks C, D, E, H, I, & O. These areas will be dredged to design depths ranging between -8.0 ft to -10.0 ft at Mean Low Low Water (MLLW). Over 62% of the dredged material will be placed at beneficial reuse sites for wetland restoration projects in the SF Bay Delta Estuary region. The remaining dredged material is to be disposed at the state and federally-authorized Alcatraz site, or San Francisco Deep Ocean site west of the Farallon Islands to comply with requirements set by the regulatory agencies.

The original yacht harbor was created in 1937 as a federal Works Progress Administration (WPA) project. The current main harbor in its current form dates to the late 1960’s when the City enhanced the yacht harbor with additional dredging, filled in the upland areas around the harbor borders, and leased out the newly-fill upland parcels to commercial entities (restaurants, hotel, boat repair yard, etc.) to help repay the construction loans from the California Department of Boating and Waterways.

Over the past 35 years, three episodes of maintenance dredging were performed:
1) Emergency dredging was performed in the south entrance area after the 1989 Loma Prieta Earthquake to allow for emergency FEMA ferry service. 2) In 2009, maintenance dredging was performed during the replacement of Docks F and G and Docks H and I.
3) In 2010, maintenance dredging occurred during the Dock B & C replacement project.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The construction contract includes requirements to comply with the City’s Environmentally Preferable Purchasing Policy. The work will also comply with the conditions contained in the Bay Conservation Development Commission (BCDC) Permit, US Army Corps of Engineers Permit including consultation with NOAA’s Nation Marine Fisheries Service, and San Francisco Bay Regional Water Quality Control Board Permit.

RATIONALE FOR RECOMMENDATION
This project is part of the City’s ongoing effort to update and maintain the deteriorated infrastructure at the Berkeley Marina. The project will help the City advance Strategic Plan Long-term goal number 1 to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

RECESS ITEM
Construction Contract - The Dutra Group for Berkeley Marina Dredging CONSENT CALENDAR May 7, 2024

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, Parks Recreation & Waterfront, 981-6700 Nelson Lam, Supervising Civil Engineer, PRW, 981-6395
Attachments:
1: Resolution
2: Bid Abstract Summary

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

CONSTRUCTION CONTRACT: THE DUTRA GROUP FOR THE BERKELEY MARINA

DREDGING PROJECT
WHEREAS, boating access at the Berkeley Marina Harbor Basin has been impeded due to sediment accumulation on the sea floor at the entry points, fairways and under the docks over time. Maintenance dredging is required to restore the original design depths needed to provide safe and unimpeded access.

WHEREAS, the City has neither the labor nor the equipment necessary to undertake this project; and
WHEREAS, the City conducted a competitive Invitation For Bid (IFB) process in January, 2024, and bid the opening was on March 7, 2024. One (1) bid was received from The Dutra Group of San Rafael, CA with a base bid of $ 4,612,920 per the Bid Abstract). The City has determined that The Dutra Group meets the California public construction code definition of lowest responsible and responsible bidder. References for The Dutra Group proved satisfactory; and
WHEREAS, funding is available from the FY 2024 CIP-Internal Loan. Funding will be recommended for appropriation in FY 2024 through the second amendment to the appropriations ordinance in the State Coastal Conservancy Grant (Fund 606).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager to: approve the Plans and Specification No. 24-11644-C for the Berkeley Marina Dredging Project; execute a contract and any amendments, extensions, or change orders until completion of the project in accordance with the approved plans and specifications with THE DUTRA GROUP for the Berkeley Marina Docks D & E Replacement Project in an amount not to exceed $4,843,566, which includes a contract amount consisting of base bid of $4,612,920 and a 5% contingency in the amount of $380,646 for unforeseen circumstances. A record signature copy of the agreement and any amendments to be on file in the Office of the City Clerk.

Attachment 2 - Bid Abstract

Ordinance No. 7,902-N.S. Page 1 of 4
ORDINANCE NO. 7,902-N.S.

REPEALING AND REENACTING CHAPTER 3.78 OF THE BERKELEY MUNICIPAL

CODE ESTABLISHING THE HUMAN WELFARE AND COMMUNITY ACTION

COMMISSION
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Chapter 3.78 of the Berkeley Municipal Code is repealed and reenacted to read as follows:

Chapter 3.78

HUMAN WELFARE AND COMMUNITY ACTION COMMISSION
Sections:

3.78.010 Creation of the Human Welfare and Community Action Commission

3.78.020 Membership

3.78.030Term of office

3.78.040 Vacancy and removal

3.78.050 Temporary vacancies

3.78.060 Officers, meetings and procedures

3.78.070 Social welfare defined

3.78.080 Functions of the commission

3.78.090 Elections for low-income representatives

3.78.100 Bylaws of the Human Welfare and Community Action Commission Section 3.78.010 Creation of the Human Welfare and Community Action Commission.

The Human Welfare and Community Action Commission is hereby created.

Section 3.78.020 Membership
A. The commission shall consist of nine members. This commission is not subject to BMC Sections 2.04.030–2.04.130, the Fair Representation Ordinance, due to the Community Action Agency membership regulations in state and federal law.

B. Three of the members shall be appointed by the Berkeley City Council by majority vote.

C. Three of the members shall be low-income representatives, subject to the eligibility requirements of this paragraph, and elected to the commission using one of the methods in Section 3.78.090:
i. An individual who is at or below the federal poverty line, and who resides within the City of Berkeley; or
ii. An individual from a group(s) or organization(s) composed primarily of low-income persons and representing the interest of the low-income population in the City of Berkeley, whose membership duly select a representative chosen in accordance with a democratic selection procedure.

D. Three of the members shall be members or officials of business, industry, labor, religious, welfare, education, or major groups and interests in the community, as required by California Government Code Sections 12736(e), 12750(a)(2), and 12751 (and its

Ordinance No. 7,902-N.S. Page 2 of 4
successors), the language of which is incorporated herein by reference. These members should be identified and nominated for Council approval by the existing commissioners.

E. For the purpose of members appointed pursuant to paragraph C and D, the community service block grant (CSBG) target area is within the boundary of the City of Berkeley.

Section 3.78.030 Term of office.

The term of office of each elected member, other than specifically provided herein, shall be four years from the date of the elections; no person shall serve for more than two full elected terms, or eight years.

The term of office of each appointed member shall be as provided in B.M.C. Section

3.02.040.

Section 3.78.040 Vacancy and removal of elected members Elected members of the commission are subject to the same membership and attendance requirements as appointed members except as otherwise provided in this chapter.

A. A vacancy shall exist when an elected board member moves and establishes residence outside of their election district or otherwise no longer meets the eligibility requirements of Section 3.78.020.C.

B. Vacancies in any elected commission position shall be filled by a new election pursuant to Section 3.78.090.

Section 3.78.050 Temporary vacancies
An elected member of the commission may take a temporary leave of absence of up to three months in duration by notifying the City Clerk and the commission secretary in writing in advance of the absence, during which time a temporary vacancy shall exist. During the period of such temporary vacancy in an elected position, a temporary appointment shall be made by the remaining low-income representatives subject to the eligibility requirements of Section

3.78.020.C.

Section 3.78.060 Officers, meetings and procedures
A. The commission shall elect one of its members chairperson and one of its members vice-chairperson.

B. The commission shall establish a regular place and time for meeting. All meetings shall be noticed as required by law and shall be scheduled in a way to allow for maximum input from the public. The frequency of meetings shall be as determined by City Council resolution. The scheduling of special meetings in addition to those established by City Council resolution, except special meetings that take the place of cancelled regular meetings, shall be subject to approval by the City Council. A request for a special meeting shall include the reason for the proposed meeting and should be expedited on the City Council’s agenda, or in the alternative, placed before the Agenda Committee for approval.

C. A majority of the members appointed to the commission shall constitute a quorum and the affirmative vote of a majority of the members appointed is required to take any action.

D. All subcommittees of this commission should fairly reflect the composition of the commission.

Ordinance No. 7,902-N.S. Page 3 of 4
Section 3.78.070 Social welfare defined
"Social Welfare" as used in this chapter, means that endeavor which is concerned with community-wide and group interests rather than with needs of individual residents and embraces such areas, among others, special needs of the family, children, youth and the aged, and the way in which people live and work together.

Section 3.78.080 Functions of the commission
The functions of the commission shall be as follows:

A. The commission shall function as the Board of the Community Action Agency as set forth in California Government Code Sections 12750 - 12763 and its successors, the terms of which are incorporated herein by reference;
B. Review and accept the Community Action Plan and the accompanying Community Needs Assessment as outlined in the Community Service Block Grant Organizational Standards and create a citizen awareness of these needs;
C. Fulfill all duties and meet all requirements as detailed in the annual Community Service Block Grant Organizational Standards report;
D. Identify social welfare needs of the Berkeley community and create awareness of these needs among residents;
E. Identify social welfare standards made available by other social welfare agencies and provide the public information with reference to such services; F. Encourage the development of programs designed to improve the social welfare of the Berkeley community;
G. Render advice and assistance to other City boards and commissions, to City departments and to private agencies on matters of social welfare; H. Advise the City Council on all matters affecting the social welfare of the community and its citizens;
I. Perform such other functions and duties as may be directed by the City Council or prescribed or authorized by any ordinance of the City;
J. In prescribing the above duties and functions of the commission, it is not the intent of the Council to duplicate or overlap the functions, duties or responsibilities heretofore or hereafter assigned to any other City board or commission or to a City department. As to such functions or responsibilities above set forth which are partially or wholly the responsibilities of another board or commission or of a department of the City, the commission will render assistance and advice to such board, commission or department as may be requested.

Section 3.78.090 Elections for low-income representatives Low-income representatives shall be chosen in accordance with democratic selection procedures adequate to assure that they represent the low-income persons in the geographic service area of the City of Berkeley. Among the selection procedures which may be employed, as determined by the commission secretary, either separately or in combination, are the following: (a) nominations and elections, whether within the neighborhoods, community, or service area as a whole; (b) selection at a meeting or conference of low-income persons such that the date, time, and place of such a meeting or conference have been adequately publicized; (c) selection of a small area basis (such as a neighborhood) of representatives who in turn select members for the commission; (d) the commission may recognize a group(s) or organization(s) composed primarily of low-income persons and representing the interest of the low-income population, whose membership may select one or more representatives to the commission. Persons at or

Ordinance No. 7,902-N.S. Page 4 of 4
below the federal poverty line shall be permitted to vote in the selection processes. The commission may request a waiver for the federal poverty line eligibility in order to establish residency or other relevant criteria as a basis for eligibility, which will be provided to and reviewed by the commission secretary for CSBG compliance Section 3.78.100 Bylaws of the Human Welfare and Community Action Commission is hereby created.

The commission shall prepare and maintain bylaws for the community action agency.

These bylaws and amendments thereto shall be consistent with City, state and federal policies governing community action agencies.

Section 2. Posting
Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on March 26, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Hahn, Humbert, Taplin, Wengraf, and Arreguin.

Noes: Kesarwani.

Absent: None.

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
May 7, 2024
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 March 7, 2024 (closed), March 12, 2024 (special, special, regular and closed), March 18, 2024 (closed), March 19, 2024 (regular) and March 26, 2024 (closed and regular)

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

1. March 7, 2024 – Special Closed Council Meeting

2. March 12, 2024 – Special Council Meeting

3. March 12, 2024 – Special Council Meeting

4. March 12, 2024 – Regular Council Meeting

5. March 12, 2024 – Special Closed Council Meeting

6. March 18, 2024 – Special Closed Council Meeting

7. March 19, 2024 – Regular Council Meeting

8. March 26, 2024 – Special Closed Council Meeting

9. March 26, 2024 – Regular Council Meeting

Thursday, March 7, 2024 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
THURSDAY, MARCH 7, 2024
3:00 P.M.

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

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – VACANT
DISTRICT 4 – VACANT DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation.

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/1607929123. 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:
160 792 9123. 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.

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 public participation may be addressed to the City Clerk Department (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Attachment 1

Thursday, March 7, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 3:08 p.m.

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

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

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

1. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a) and 54956.9(d)(1)
a. Ruegg & Ellsworth v. City of Berkeley, Alameda County Superior Court, Case No.

RG18930003
Action: M/S/C (Hahn/Taplin) to provide the City Attorney settlement authority in the matter of Ruegg & Ellsworth v. City of Berkeley (Alameda County Superior Court, Case No.

RG18930003). Specifically, the Council authorized the City Attorney to settle a claim for attorney fees for $1,446,915.60, in exchange for a release of claims for attorney's fees and costs up to and including February 5, 2024. The City Council also authorized the City Attorney to settle and obtain a release of all remaining claims in exchange for acquisition of 1900 Fourth Street using city funds of up to $1.5 million..

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

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, Jonathan Holtzman, Labor Negotiator, Dania Torres-Wong, Labor Negotiator, Burke Dunphy, Labor Negotiator
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.

Thursday, March 7, 2024 MINUTES Page 3
OPEN SESSION:

On February 5, 2024 and March 7, 2024 the City Council met in closed session to provide the City Attorney settlement authority in the matter of Ruegg & Ellsworth v. City of Berkeley (Alameda County Superior Court, Case No. RG18930003). Specifically, the Council authorized the City Attorney to settle a claim for attorney fees for $1,446,915.60, in exchange for a release of claims for attorney's fees and costs up to and including February 5, 2024. The City Council also authorized the City Attorney to settle and obtain a release of all remaining claims in exchange for acquisition of 1900 Fourth Street using city funds of up to $1.5 million. On March 8, 2024 the case settled in mediation and the City Attorney executed a Memorandum of Settlement memorializing the terms of the settlement. On March 12, 2024, the parties agreed to a further Settlement and Release that supersedes the March 8, 2024 Settlement and sets forth the agreement in greater detail.

Adjournment
Adjourned at 5:40 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on March 7, 2024.
__________________________
Mark Numainville, City Clerk

Tuesday, March 12, 2024 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, March 12, 2024
3:30 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 – VACANT
DISTRICT 4 – VACANT DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. 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/1602817302.

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: 160 281 7302. 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.

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 public participation may be addressed to the City Clerk Department (510) 981-6900.

The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Attachment 2

Tuesday, March 12, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 3:38 p.m.

Present: Taplin, Hahn, Wengraf, Humbert, Arreguin

Absent: Kesarwani, Bartlett
Councilmember Bartlett present at 3:39 p.m.

Councilmember Kesarwani present at 4:03 p.m.

Report from Closed Session: On February 5, 2024 and March 7, 2024 the City Council met in closed session to provide the City Attorney settlement authority in the matter of Ruegg & Ellsworth v. City of Berkeley (Alameda County Superior Court, Case No. RG18930003). Specifically, the Council authorized the City Attorney to settle a claim for attorney fees for $1,446,915.60, in exchange for a release of claims for attorney's fees and costs up to and including February 5, 2024. The City Council also authorized the City Attorney to settle and obtain a release of all remaining claims in exchange for acquisition of 1900 Fourth Street using city funds of up to $1.5 million. On March 8, 2024 the case settled in mediation and the City Attorney executed a Memorandum of Settlement memorializing the terms of the settlement. On March 12, 2024, the parties agreed to a further Settlement and Release that supersedes the March 8, 2024 Settlement and sets forth the agreement in greater detail.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 9 speakers.

1. Acquisition of Real Property Located at 1900 Fourth Street From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City to acquire the portion of the West Berkeley Shellmound located at 1900 Fourth Street and also authorizing the City to transfer that property to the Sogorea Te Land Trust, thereby returning the land to the Ohlone people.

Financial Implications: See report
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: M/S/C (Hahn/Arreguin) to adopt first reading of Ordinance No. 7,899–N.S. authorizing the City to acquire the portion of the West Berkeley Shellmound located at 1900 Fourth Street and also authorizing the City to transfer that property to the Sogorea Te Land Trust, thereby returning the land to the Ohlone people. Second reading scheduled for March 19, 2024.

Vote: All Ayes.

Tuesday, March 12, 2024 MINUTES Page 3
Adjournment
Action: M/S/C (Arreguin/Wengraf) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 4:24 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on March 12, 2024.
__________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #1: Acquisition of Real Property Located at 1900 Fourth Street

1. Lucy Gill, on behalf of University of California at Berkeley

2. David Kellogg

3. Lucas Woodward

4. Richard Schwartz

Tuesday, March 12, 2024 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, March 12, 2024
4:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – VACANT
DISTRICT 4 – VACANT DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. 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/1602817302.

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: 160 281 7302. 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.

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 public participation may be addressed to the City Clerk Department (510) 981-6900.

The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Attachment 3

Tuesday, March 12, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 4:36 p.m.

Present: Kesarwani, Hahn, Wengraf, Humbert, Arreguin

Absent: Taplin, Bartlett
Councilmember Taplin present at 4:40 p.m.

Councilmember Bartlett present at 4:43 p.m.

Worksession

1. 2023 Berkeley Police Department Annual Report
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
Action: 6 speakers. Presentation made and discussion held.

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

Vote: All Ayes.

Adjourned at 6:26 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on March 12, 2024.
__________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1: 2023 Berkeley Police Department Annual Report

1. Charles Clarke
Supplemental Communications and Reports 3
Item #1: 2023 Berkeley Police Department Annual Report

2. Presentation, submitted by the Berkeley Police Department

Tuesday, March 12, 2024 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, March 12, 2024
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 – VACANT
DISTRICT 4 – VACANT DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. 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/1602817302. 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:
160 281 7302 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.

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 public participation may be addressed to the City Clerk Department (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Attachment 4

Tuesday, March 12, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 6:27 p.m.

Present: Kesarwani, Taplin, Bartlett, Hahn, Wengraf, 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. Recognition of the American Red Cross’ 143rd Anniversary City Manager Comments:

The City Manager provided an update on the progress of the Homeless Response Team.

City Auditor Comments:

The City Auditor provided an update on the employee retention audit.

Public Comment by Employee Unions: 1 speaker
Public Comment on Non-Agenda Matters: 17 speakers.

Action: M/S/C (Arreguin/Bartlett) to accept an urgency item from the City Manager pursuant to Government Code Section 54954.2(b)(2) entitled Revised Resolution for a Joint Homekey Application for University Homes.

Vote: All Ayes.

Consent Calendar
Action: M/S/C (Arreguin/Hahn) to suspend the rules and allow for a 30-minute period for public comment with one-minute per speaker.

Vote: All Ayes.

Consent Calendar
Tuesday, March 12, 2024 MINUTES Page 3
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.

Urgent Item: Revised Resolution for a Joint Homekey Application for University Homes
From: City Manager
Recommendation: Adopt a revised Resolution approving the following actions in support of the University Homes Homekey project by: 1. Authorizing the City Manager or her designee to prepare and submit a joint application together with Housing Consortium of the East Bay (HCEB) and Memar Properties, Inc. (Memar) for the State of California Housing and Community Development (HCD) Department’s Homekey program for the University Homes 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.

Financial Implications: See report
Contact: Margot Ernst, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,228–N.S.

1. Zoning Amendments for Berkeley Business; Amending Berkeley Municipal Code Title 23
From: City Manager
Recommendation: Adopt a second reading of Ordinance No. 7,898–N.S. amending Title 23 of the Berkeley Municipal Code to streamline and clarifying the permitting process for small businesses in commercial districts (“C-Prefixed”), select manufacturing (“M-Prefixed”) districts, and the Residential BART Mixed Use (R- BMU) and Residential Southside Mixed Use (R-SMU) zoning districts.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,898–N.S.

2. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on March 12, 2024
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 - $3,676,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

Consent Calendar
Tuesday, March 12, 2024 MINUTES Page 4

3. Grant Application: California Affordable Housing and Sustainable Communities Infrastructure in connection with the proposed North Berkeley BART (NBB) BRIDGE Phase 1 Project.

From: City Manager
Recommendation: Adopt a Resolution:

1. Authorizing the City Manager to negotiate, enter into, and cause the City to perform its obligation under an agreement (including amendments) with BRIDGE Housing Corporation and/or their affiliates relating to grant applications to the California Affordable Housing and Sustainable Communities (AHSC) program for project-related transportation and infrastructure improvements for the North Berkeley BART (NBB) BRIDGE Phase 1 affordable housing project at the North Berkeley BART Station Area, for a total AHSC award amount of up to $50 million.

2. Authorizing the City Manager to accept up to $5.8 million in state AHSC funds and complete selected transportation improvements if awarded.

Financial Implications: See report
Contact: Amy Davidson, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,229–N.S.

4. Application for Prohousing Incentive Program Funds
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept funds from the State of California's Prohousing Incentive Program, in an amount not to exceed $1,250,000.

Financial Implications: See report
Contact: Amy Davidson, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,230–N.S.

5. Amendment to Contract No. 8392 with Innovative Claim Solutions (ICS) for Workers' Compensation Claims Administration
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8392 with Innovative Claims Solutions (ICS) for third- party administration of workers’ compensation claims through June 30, 2025 for a total contract amount not to exceed $9,202,243.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,231–N.S.

Consent Calendar
Tuesday, March 12, 2024 MINUTES Page 5

6. Contract Amendment: WBCP, Inc. Recruitment Agency
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400083 with WBCP, Inc. for recruitment services to cover the period of October 2, 2023 through June 30, 2026, for a total cost not to exceed $350,000.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,232–N.S.

7. Salary Adjustments: Electrical Supervisor and Communications Supervisor From: City Manager
Recommendation: Adopt a Resolution adjusting the salary range for Electrical Supervisor and Communications Supervisor to consist of three steps ranging from $62.8856 per hour to $66.6047 per hour, effective March 12, 2024.

Financial Implications: See report.

Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,233–N.S.

8. Align Training and Certification Differentials for Deputy Police Chief and Police Chief with Differentials for Berkeley Police Association Members From: City Manager
Recommendation: Adopt a Resolution aligning the training and certification differentials for Deputy Police Chief and Police Chief – specifically, for Crisis Intervention Training, the KIND Policing Differential, and POST certificates – with those of Berkeley Police Association members; specify that for Deputy Police Chief and Police Chief the POST certificates must be at the Management level; provide retiree medical benefits that BPA members and the Police Chief receive to the Deputy Police Chief as well.

Financial Implications: See report.

Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,234–N.S.

9. Grant Application: Firehouse Subs Foundation for Polaris all-terrain vehicle (ATV) for Berkeley Echo Lake Camp
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a Firehouse Subsgrant application in the amount up to $50,000; to accept the grant; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: Grant - $50,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,235–N.S.

Consent Calendar
Tuesday, March 12, 2024 MINUTES Page 6

10. Lease Agreement: Dorothy Day House d.b.a Dorothy’s Closet at 2425a Channing Avenue in the Telegraph-Channing Mall and Garage From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Dorothy Day House, a 501c3 nonprofit organization doing business as Dorothy’s Closet to use and occupy 2425a Channing Avenue inside the Telegraph-Channing Mall and Garage for a five (5) year lease term with an option to extend for one additional five (5) year term. The initial lease term is anticipated to begin retroactively on May 1, 2023.

Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300
Action: Adopt first reading of Ordinance No. 7,900–N.S. Second reading scheduled for March 26, 2024.

11. Filling Vacancies Among the Elected Representatives of the Poor From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution confirming the appointments of Catherine Huchting (District 3); and, Maria Sol (District 1) as elected representatives of the poor on the Human Welfare and Community Action Commission (HWCAC), having been voted at the HWCAC January 8, 2024 meeting, and that their terms expire November 28, 2024.

Financial Implications: See report
Contact: Mary-Claire Katz, Commission Secretary, (510) 981-5400 Action: Adopted Resolution No. 71,236–N.S. amended to make the appointments effective on the adoption of the HWCAC reorganization ordinance scheduled for March 26, 2024.

Council Consent Items

12. Budget Referral: Publicly Accessible Permanent Bathroom at James Kenney Park
From: Councilmember Kesarwani (Author), Councilmember Wengraf (Co- Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Humbert (Co- Sponsor)
Recommendation: Refer $160,000 to the June FY 2024-25 budget process to renovate an existing bathroom at the James Kenney Community Center to make it ADA compliant and permanently accessible to members of the general public who visit the park.

Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 Action: Approved recommendation.

Council Consent Items
Tuesday, March 12, 2024 MINUTES Page 7

13. Vision 2050 Community Engagement Expansion
From: Councilmember Taplin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Authorize the City Manager to expand the scope of the Vision 2050 Complete Streets Parcel Tax Community Engagement and Program Plan in the FY 2024 Budget to consider additional revenue sources: (1) potential ballot referenda for an increase to Berkeley’s Parks Tax and/or (2) renewing the Measure P Real Property Transfer Tax beyond 2028; and refer to the City Attorney for analysis of using the Community Engagement and Program Plan funds for community survey purposes.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved the recommendation as written below and amended to include other clarifying edits in the report.

Authorize the City Manager to expand the scope of the Vision 2050 Complete Streets Parcel Tax Community Engagement and Program Plan in the FY 2024 Budget to consider additional revenue sources: (1) potential ballot measures for an increase to Berkeley’s Parks Tax and/or (2) renewing the Measure P Real Property Transfer Tax beyond 2028.

In the Recommendation section: changes the word “referenda” to “measures” to accurately state the type of ballot mechanism to be used.

Current Situation and its Effects, 2nd paragraph: delete the last sentence.

Rationale for Recommendation, 2nd paragraph amended as follows:

Using funds allocated for community engagement in order to gauge public opinion on this topic andto explore additional discrete revenue sources would be a worthwhile investment in building community consensus.

Rationale for Recommendation, 4th paragraph amended as follows:

The Measure P Real Property Transfer Tax increase is set to expire at the end of the 2028 calendar year. As of Fiscal Year 2024, the Measure P Program Fund is facing a structural deficit as costs outpace declining revenues. In order to maintain broad community consensus on this revenue source for possible renewal Evaluating continued revenue sources after the ten-year period for the special tax elapses, articulating a common vision for expenditures from special tax funds will likely remain essential for avoiding structural conflicts between operating budgets, including personnel costs, and capital budgets for key projects.

Council Consent Items
Tuesday, March 12, 2024 MINUTES Page 8

14. Creating SHARE BERKELEY - A Berkeley Public Library Share Hub for Access, Resilience, and Equity
From: Councilmember Hahn (Author)
Recommendation: 1. Request that the Library Director work with Library Staff to develop a visionary plan to expand the Berkeley Public Library’s Tool Lending Library into a comprehensive, full-service SHARE hub for the City of Berkeley, providing a one-stop center for community members to:
a. Borrow from an expanded portfolio of Library-based tools, supplies, equipment and other durable/reusable items;
b. Access comprehensive, up-to-date information and referrals about community- based opportunities for borrowing, renting, or obtaining free tools, supplies, equipment, bikes/vehicles, locations, and similar resources; and c. Receive need-based financial assistance to support access to community-based share/rental resources. 2. Consider categories of items that might be appropriate for an expanded Berkeley Public Library (BPL) in-house Lending Library, and which categories would be best accessed through other community share/rental resources such as REI, AAA, bike and party rental services, and other organizations serving Berkeley. 3. Consider expanding BPL’s in-house Lending Library beyond the current portfolio of carpentry, gardening, kitchen, and other traditional tools to potentially include categories such as toys and games; event furniture and supplies; sports and recreation-related equipment; irons, floor polishing machines, and other household tools; and other durable items typically used on a limited basis by members of the community. 4. Create a plan to establish, maintain, and administer a comprehensive, one-stop reference/resource service for all share/rental/free opportunities available to Berkeley residents, including but not limited to ensuring access to a searchable database of resources and offering assistance and advice to individuals seeking information on share/rental/free opportunities. Consider a partnership with existing platforms and applications such as the Buy Nothing Project to foster connections between neighbors and support the goals of the circular economy. 5. For items to be shared/rented through outside lending or rental services, explore possibilities for SHARE BERKELEY to offer and/or administer City-based or other vouchers/subsidies for low-income residents to access borrowed/rented items from non-Library vendors at reduced or no cost. 6. Consider and propose storage, maintenance, repair, customer service, and other operational and space needs for an expanded in-house Lending Library and to house and administer the Share Hub resource center. 7. Consider start-up and ongoing costs for the expanded in-house Lending Collection and to establish and administer the Share Hub resource center, including but not limited to costs for equipment, materials, software/technology, staffing, and facilities. 8. In the course of researching categories of items to potentially add to the Library’s in-house Lending Collections and in considering other elements of the Share Hub concept, conduct robust outreach to individuals and groups of diverse backgrounds, ages, and abilities to ensure services, offerings, and facilities equitably represent and serve all members of the community.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Approved recommendation amended to state that all of the proposed

Council Consent Items
Tuesday, March 12, 2024 MINUTES Page 9
recommendations constitute requests for consideration and are not direction or referrals to the Library or the Library Director.

15. Opposition to AT&T Applications: Relief of “Carrier of Last Resort” and Eligible Telecommunications Carrier Designation
From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution and send a letter to the CPUC expressing strong opposition to AT&T’s proposal to discontinue being the default landline phone provider, and its proposal to relinquish its eligible telecommunications carrier (ETC) designation. Urge the CPUC to reject AT&T’s application to end traditional landline service in all areas until reliable broadband cellular coverage is available.

Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Adopted Resolution No. 71,237–N.S. as revised in Supplemental Communications Packet #2 by Councilmember Wengraf to add Councilmember Humbert as a co-sponsor and amend the fourth Whereas clause in the resolution to read:

WHEREAS, If the CPUC grants AT&T relief from being the “Carrier of Last Resort” (COLR) and therefore AT&T stops providing copper-based landline service, large numbers of residents living in Berkeley where cellular service is non-existent or unreliable and internet is also not completely reliable, will be deprived of a dependable means of communication; and
Information Reports

16. Staff Shortages: City Services Constrained by Staff Retention Challenges and Delayed Hiring Audit Status Report
From: City Manager
Contact: Anne Cardwell, City Manager's Office, (510) 981-7000 Action: Received and filed.

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

Vote: All Ayes.

Adjourned at 8:02 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on March 12, 2024.

Tuesday, March 12, 2024 MINUTES Page 10
__________________________
Mark Numainville, City Clerk
Communications
Middle Housing

1. Mike Dunham

2. Ross Bernet

3. Antoine Grondin

4. Nicolas McMullan

5. Gabe Mitnick

6. Andrew Meyer

7. Patrick Yoon

8. Michael Webster

9. Jacob Steinhardt

10.Hilary Near
Hate Incidents

11.Liberty Schubert

12.Itamar Landau

13.Councilmember Taplin
Nova Concert Survivor

14.Adam Naftalin-Kelman
Crime

15.Todd Andrew
Woolsey-Fulton Bicycle Project

16.Marc Hedlund

17.Jennifer Natali

18.David Hoffman (2)
Pedestrian and Bicycle Safety

19.Roger Hallsten

20.Riti Dhesi

21.Rachel Bradley (2)

22.Meredith Isaksen

23.Sierra Club Northern Alameda County
Hazardous Road Conditions

24.Ronald Nevels (2)

25.Jim Lutz (2)
Automated License Plate Readers

Tuesday, March 12, 2024 MINUTES Page 11

26.Diana Andreeva
Council Meeting Decorum

27.Andrea Cassidy
Aquatic Park

28.Cameron Bochman
Berkeley Unified School District (BUSD)

29.Dorothea Dorenz

30.BUSD Superintendent
Bay Wheels Bike Share

31.Alexander Merenkov
Reproductive Letter

32.Commission on the Status of Women
Homelessness

33.Jonny Ruel Holder
Home Insurance

34.Diane Wolf
SB 330

35.Virginia Warheit
Demolition Ordinance

36.Charlene Woodcock

37.Gary McDole

38.20 similarly-worded form letters
North Berkeley BART Housing Project

39.Stefan Lasiewski
City of Berkeley Referrals

40.James McGrath
Climate and Environment Commission

41.Anna Kathawala
Climate Goals and Autos

42.Barbara Gilbert
People’s Park

43.Sky Ocean

Tuesday, March 12, 2024 MINUTES Page 12
Gaza & Israel

44.Hillary Kilimnik (2)

45.Jocelyn Goldsmith-De Sena

46.Margaret Fouda

47.Michael Fullerton

48.00.caveat-taxing@

49.Lian Mar

50.Karen Ung

51.Michelle Wong

52.Evelyn Zhai

53.Jon Jackson
URL’s Only

54.Vivian Warkentin

55.Todd Jersey
Supplemental Communications and Reports 1
Item #15: Opposition to AT&T Applications: Relief of “Carrier of Last Resort” and Eligible Telecommunications Carrier Designation

56.Ann Bedenk and Russell Babcock

57.Zohra Kalinkowitz

58.Carol Curtis
Supplemental Communications and Reports 2
Item #1: Zoning Amendments for Berkeley Business; Amending Berkeley Municipal Code Title 23

59.Police Accountability Board
Item #15: Opposition to AT&T Applications: Relief of “Carrier of Last Resort” and Eligible Telecommunications Carrier Designation

60.Revised material, submitted by Councilmember Wengraf Urgency Item: Revised Resolution for a Joint Homekey Application for University Homes

61.Urgency item, submitted by Health, Housing and Community Services Supplemental Communications and Reports 3
Item #4: Application for Prohousing Incentive Program Funds

62.David Kellogg
Item #14: Creating SHARE BERKELEY – A Berkeley Public Library Share Hub for Access, Resilience, and Equity

63.Gail Tennant

64.Martha Staskawicz

65.Colleen Busch

66.Radha Seshagiri

67.David Socholitzky

Tuesday, March 12, 2024 MINUTES Page 13

68.Sandra Niemann

69.Susan Halpern

70.Carol Hirth

71.Peggy Harris

72.Antonia Frankhujzen

73.Betsy Bigelow-Teller

74.Brian Harris

75.Janis Pearson

76.Marilyn Sagna

77.Maureen Wesolowski

78.Patricia St. John

79.Steve Taylor

80.Steve Meyers

81.Esther Brass

82.Christina Birch

83.Carol Curtis

84.Georgia Maslowski

85.Nicole Laddish

86.Kristina Sepetys

87.Helga Recke

88.Peter Metcalf

89.Karen Weil
Item #15: Opposition to AT&T Applications: Relief of “Carrier of Last Resort” and Eligible Telecommunications Carrier Designation

90.Anne and Senta Pugh

91.Mary Behm-Steinberg

92.Stephanie Thomas

93.Phoebe Anne Thomas Sorgren

94.cricketchatter@
Miscellaneous Communications

95.Ronald Regan & Eid and American Middle Class – Mr. Eid

96.Council Chambers Decorum – Susanne DeWitt

Tuesday, March 12, 2024 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, MARCH 12, 2024
8:00 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 – VACANT
DISTRICT 4 – VACANT DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation.

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/1602592619. 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:
160 259 2619. 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.

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 public participation may be addressed to the City Clerk Department (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Attachment 5

Tuesday, March 12, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 8:25 p.m.

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

Absent: None
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. PUBLIC EMPLOYEE APPOINTMENTS PURSUANT TO GOVERNMENT CODE SECTION 54957(b):
a. Title of position to be filled: Director of Public Works Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

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

Vote: All Ayes.

Adjourned at 9:39 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on March 12, 2024.
________________________
Mark Numainville, City Clerk

Monday, March 18, 2024 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
MONDAY, MARCH 18, 2024
3:00 P.M.

REDWOOD ROOM – 2180 MILVIA STREET, BERKELEY, CA 94704
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 – VACANT
DISTRICT 4 – VACANT DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation.

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/1612602699. 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:
161 260 2699. 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.

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 public participation may be addressed to the City Clerk Department (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Attachment 6

Monday, March 18, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 3:06 p.m.

Present: Kesarwani, Taplin, Hahn, Wengraf, Humbert

Absent: Bartlett, Arreguin
Councilmember Bartlett present at 3:11 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 LEGAL COUNSEL—ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2):
a. Workers’ Compensation Matter ADJ Number: ADJ15654682 Action: M/S/C (Hahn/Humbert) to authorize the City Manager to settle by Stipulations with Request for Award, as to the workers’ compensation matter ADJ Number: ADJ15654682.

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

2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a) and 54956.9(d)(1)
a. GTE Mobilnet of California Limited Partnership v. City of Berkeley; United States District Court, Northern District of California; Case No. 4:20-cv-05460-DMR Action: Removed from the agenda. No discussion or action. b. Jay v. City of Berkeley; Alameda County Superior Court Case No. 22CV018197 Action: (Wengraf/Hahn) to authorize a settlement in the matter of Jay v. City of Berkeley et al., Alameda County Superior Court Case No. 22CV018197, in the amount of $45,000 in exchange for a release of all claims against the City.

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

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property Address: Live Oak Theater, 1301 Shattuck Ave, Berkeley, CA 94709 Agency Negotiators: LaTanya Bellow, City Manager’s Office; Scott Ferris, Director of Parks, Recreation & Waterfront
Negotiating Parties: City of Berkeley and Youth Musical Theater Company (YMTC) Property Owner: City of Berkeley
Under Negotiation: Price and Terms
Action: No reportable action taken.

Monday, March 18, 2024 MINUTES Page 3

4. 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, Jonathan Holtzman, Labor Negotiator, Dania Torres-Wong, Labor Negotiator, Burke Dunphy, Labor Negotiator
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:

The City Council met in closed session on March 18, 2024, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a settlement by Stipulations with Request for Award, as to the workers’ compensation matter ADJ Number: ADJ15654682.

The Council convened in closed session on March 18, 2024 and approved a settlement in the matter of Jay v. City of Berkeley et al., Alameda County Superior Court Case No. 22CV018197, in the amount of $45,000 in exchange for a release of all claims against the City.

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

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

Adjourned at 4:24 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on March 18, 2024
_______________________
Mark Numainville, City Clerk

Tuesday, March 19, 2024 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, March 19, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - ROSARITO BEACH HOTEL, BLVD. BENITO JUÁREZ 31, ZONA CENTRO, 22700 PLAYAS DE ROSARITO, B.C., MEXICO

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 – VACANT
DISTRICT 4 – VACANT DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. 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/1618484137. 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: 161 848 4137. 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.

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 public participation may be addressed to the City Clerk Department (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Attachment 7

Tuesday, March 19, 2024 MINUTES Page 2
Preliminary Matters
Report from Closed Session:

The Council convened in closed session on March 18, 2024 and approved a settlement in the matter of Jay v. City of Berkeley et al., Alameda County Superior Court Case No. 22CV018197, in the amount of $45,000 in exchange for a release of all claims against the City.

The City Council met in closed session on March 18, 2024 and provided direction to outside counsel and approved a settlement by Stipulations with Request for Award, as to the workers’ compensation matter ADJ Number: ADJ15654682.

Roll Call: 6:07 p.m.

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

Absent: Bartlett
Councilmember Bartlett at 6:13 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: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

1. Adjourned in Memory of Heather Reimer, Berkeley Resident

2. Recognition of the Rematriation of the Shellmound by Corrina Gould

3. Recognition of Mt. Zion Missionary Baptist Church’s 78 th Anniversary

4. Recognition of Elsa Tranter, Berkeley Activist and Environmentalist

5. Presentation: AC Transit Update on the Durant Quick Build Project City Manager Comments: None

Tuesday, March 19, 2024 MINUTES Page 3
City Auditor Comments:

The City Auditor provided updates on the Audit Status Reports in Item 10 and Item 13 under the Information Reports.

Public Comment on Non-Agenda Matters: 20 speakers.

Recess 7:17 p.m. – 7:31 p.m.

Consent Calendar
Action: M/S/C (Arreguin/Wengraf) to suspend the rules and allow for a 30-minute public comment period on the Consent Calendar with one-minute per speaker.

Vote: All Ayes.

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

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

Vote: All Ayes.

A. Acquisition of Real Property Located at 1900 Fourth Street (Continued from March 12, 2024)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,899–N.S. authorizing the City to acquire the portion of the West Berkeley Shellmound located at 1900 Fourth Street and also authorizing the City to transfer that property to the Sogorea Te Land Trust, thereby returning the land to the Ohlone people.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted second reading of Ordinance No. 7,899–N.S.

Consent Calendar

1. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on March 19, 2024
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: General Fund - $120,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

Consent Calendar
Tuesday, March 19, 2024 MINUTES Page 4

2. Contract No. 32200150 Amendment: Range Maintenance Services LLC for Indoor Range Cleaning
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32200150 with Range Maintenance Services LLC to perform indoor range cleaning services from $45,000 to an amount not to exceed $150,000 extending from January 8, 2024 to December 1, 2028.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,238–N.S.

3. Contract No. 108090-1 Amendment: IPS Group, Inc. for Parking Management System, Parking Meter Maintenance, and Conversion to Pay-by-Plate Pay Stations
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 108090-1 with IPS Group, Inc. to: -Extend the contract from June 30, 2024 through June 30, 2026 for IPS Group, Inc. to continue servicing parking meters and providing replacement parts; - Provide 225 new multi-space pay-by-plate stations to replace the existing multi-space pay-and-display stations in the City; and - Increase the contract amount by $3,865,300 for a total contract amount of $12,790,172.

Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,239–N.S.

4. Contract No. 115731-1 Amendment: SKIDATA, Inc. (formerly Sentry Control Systems) for Extending Parking Access and Revenue Control System Maintenance Services and Warranties
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 115731-1 (Contract No. 10661B in FUND$) with SKIDATA, Inc. (formerly Sentry Control Systems) to provide critical maintenance services and warranties for parking access and revenue control system equipment nearing the end of its useful life in the City’s three parking garages -- Center Street, Oxford and Telegraph Channing -- extending the term by two years to June 30, 2026 and increasing the contract amount by $919,815 for a total not-to-exceed of $2,915,355.

Financial Implications: See report.

Contact: Andrew Murray, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,240–N.S.

Consent Calendar
Tuesday, March 19, 2024 MINUTES Page 5

5. Grant Application: GFO-23-606 - Charging Infrastructure for Government Fleets From: City Manager
Recommendation: Adopt a Resolution: Authorizing the City Manager or their designee to submit a Grant application in response to the California Energy Commission’s solicitation GFO 23-606 Charging Infrastructure for Government Fleets Grant Program for City electric vehicle (EV) charging infrastructure projects; Authorizing the City Manager to sign a Letter of Commitment for the local matching funds; and Referring the required local match, 30% of the total project cost, to the FY 2025-2026 Budget process for consideration of the City’s General Fund (Fund 011).

Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,241–N.S.

6. ***Item Removed by the City Manager*** Purchase Order Extension Authorizations for Critical Vendors of Equipment Maintenance Parts and Services for Multiple Departments
From: City Manager
Contact: Andrew Murray, Public Works, (510) 981-6300

7. Purchase Order: Owen Equipment Sales for One Combination Storm Sewer Cleaner
From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City to participate in Sourcewell (formerly NJPA) Contract #101221-VTR and authorizing the City Manager to execute a purchase order for one (1) Combination Storm Sewer Cleaner with Owen Equipment Sales in an amount not to exceed $665,000.

Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,242–N.S.

8. East Bay Hills Wildfire Prevention Coordinating Group Representative Selection
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution to appoint Vice Mayor Susan Wengraf as the City of Berkeley’s Representative Member to the East Bay Hills Wildfire Prevention Coordinating Group, and Councilmember Mark Humbert as the Alternate.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,243–N.S.

Action Calendar – New Business
Tuesday, March 19, 2024 MINUTES Page 6

9. Adoption of a Master License Agreement Template for the Non-Exclusive Installation of Small Cell Telecommunications Facilities on City Owned and Maintained Streetlight Poles in the Public Right-of-Way From: City Manager
Recommendation: Adopt a Resolution approving a Master License Agreement template for the non-exclusive installation of small cell telecommunication facilities (equipment) by private telecommunication companies on City owned and maintained streetlight poles in the public right-of-way.

Financial Implications: See report.

Contact: Andrew Murray, Public Works, (510) 981-6300
Action: 24 speakers. M/S/C (Hahn/Humbert) to adopt Resolution No. 71,244–N.S. approving a Master License Agreement template for the non-exclusive installation of small cell telecommunication facilities (equipment) by private telecommunication companies on City owned and maintained streetlight poles in the public right-of-way.

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

Information Reports

10. Audit Status Report Response: Code Enforcement Resources Significantly Constrained and Improvements Needed in Case Management and Oversight From: City Manager
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Received and filed.

11. LPO NOD: 2144 Shattuck Avenue/#LMSAP2023-0007
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

12. LPO NOD: 2274 Shattuck Avenue, #LMIN2023-0003
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

13. Audit Status Reports: Fleet Replacement Fund Short Millions & Rocky Road:

Berkeley Streets At Risk and Significantly Underfunded
From: City Manager
Contact: Andrew Murray, Public Works, (510) 981-6300
Action: Received and filed.

Tuesday, March 19, 2024 MINUTES Page 7
Adjournment
Action: M/S/C (Wengraf/Hahn) to suspend the rules and adjourn the meeting.

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

Adjourned at 9:00 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on March 19, 2024.
__________________________
Mark Numainville, City Clerk
Communications
Traffic Safety

1. Jeannette MacMillan

2. Ana Vasudeo

3. Arun Dixit

4. Cara Pine
Train Noise

5. David Lerman (2)

6. Lino Ancheta, on behalf of City of Berkey’s Environmental Health Berkeley Landfill at Cesar Chavez Park

7. Claudia Kawczynska
Support for Adding Prohibiting Discrimination of the Basis of Family or Relationship Structure to BMC Code 13.22

8. The Woodhull Freedom Foundation
Bike Plans

9. Walk Bike Berkeley
Restoring Old City Hall and Veterans Buildings

10.Berkeley Architectural Heritage Association
Berkeley Measure H

11.Barbara Gilbert
Alta Bates Hospital

12.Dorothea Dorenz

13.Lisa Chow

Tuesday, March 19, 2024 MINUTES Page 8
Surveillance Cameras

14.Police Accountability Board
North Berkeley BART Bonds

15.David Lerman
SB 330 and Downtown Theaters

16.Virginia Warheit
People’s Park

17.Moni Law (2)
Affordable and Middle Housing

18.Kaden Nguyen

19.Owen Thompson-Lastad
Hate Crimes

20.Atalea Jacob (2)
Fire Alarm Issue at 2510 Bancroft Street

21.Marlo De La Mora
URL’s Only

22.Vivian Warkentin
Gaza and Israel

23.Christina Harb

24.Kaizen8forever@

25.James Mcfadden

26.Hannah Schlacter

27.Autumn Goldstein

28.Barbara Erickson
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Ceremonial Matters

29.Presentation, AC Transit Update on the Durant Quick Build Project Item #A: Acquisition of Real Property Located at 1900 Fourth Street

30.Alex Sharenko

31.Jessica Abbe

Tuesday, March 19, 2024 MINUTES Page 9
Item #9: Adoption of a Master License Agreement Template for the Non-Exclusive Installation of Small Cell Telecommunications Facilities on City Owned and Maintained Streetlight Poles in the Public Right-of-Way

32.Janice Schroeder (2)

33.Clifford Fred

34.Greenfire Law PC

35.Connie Anderson

36.Carol Hirth

37.Wanda Warkentin
Supplemental Communications and Reports 3
Item #A: Acquisition of Real Property Located at 1900 Fourth Street

38.Diana Bohn

39.Elana Auerbach

40.Lucy Gill, on behalf of the University of California at Berkeley

41.Rev. Niels Teunis

42.KGO-TV

43.Mayor’s Office

44.Berkeley Community Safety Coalition, Latinxs Unidos de Berkeley, Office of the External Affairs Vice President of CAL, Indigenous People’s Day and The Network of Spiritual Progressives
Item #9: Adoption of a Master License Agreement Template for the Non-Exclusive Installation of Small Cell Telecommunications Facilities on City Owned and Maintained Streetlight Poles in the Public Right-of-Way

45.Glen Kohler

46.Dawn DelMonte

47.Jane Stillwater

48.Cat Zavis

49.Elana Auerbach

50.Meaveen O’Connor

51.Kelly Hammargren

52.Sara Sunstein

53.Phoebe Thomas Sorgen

54.Jason Winnett

55.Jose Franklin Arau

56.Gar Smith

57.Cynthia Rahav

58.Wade Skeels

59.Sofia Pavlova

60.Cate Leger

61.Maxina Ventura

62.Thomas Luce

63.Anne Herrick
Item #12: LPO NOD: 2274 Shattuck Avenue, #LMIN2023-003

64.John Haracz

Tuesday, March 19, 2024 MINUTES Page 10
Miscellaneous Communications

65.Daily Planet 2010, submitted by Mr. Eid

66.Restrooms in Right-of-Way – Channing & Telegraph Avenue, submitted by Greg Dabel

Tuesday, March 26, 2024 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
TUESDAY, MARCH 26, 2024
4:00 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 – VACANT
DISTRICT 4 – VACANT DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation.

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/1613042201. 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:
161 304 2201. 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.

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 public participation may be addressed to the City Clerk Department (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Attachment 8

Tuesday, March 26, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 4:30 p.m.

Present: Taplin, Bartlett, Hahn, Wengraf, Arreguin

Absent: Kesarwani, Humbert
Councilmember Kesarwani present at 5:28 p.m.

Councilmember Humbert present at 5:29 p.m.

Councilmember Humbert participated in the meeting remotely pursuant to the Brown Act, as amended by AB 2449.

Public Comment - Limited to items on this agenda only – 3 speakers CLOSED SESSION:

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

1. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(A) AND 54956.9(D)(1):
a. Fisher et al. v. City of Berkeley, United States District Court, Northern District of California; Case No. 3:23-cv-04280-TSH
Action: No reportable action taken.

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2):
a. Significant exposure to litigation pursuant to Section 54956.9(d)(2) arising from paint installation at the intersection of Allston Way and Martin Luther King, Jr. Way: one potential case.

Action: No reportable action taken.

3. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Dee Williams-Ridley, City Manager, Anne Cardwell, Deputy City Manager, LaTanya Bellow, Deputy City Manager, Aram Kouyoumdjian, Human Resources Director, Jonathan Holtzman, Labor Negotiator, Dania Torres-Wong, Labor Negotiator, Burke Dunphy, Labor Negotiator
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.

Tuesday, March 26, 2024 MINUTES Page 3
Adjournment
Action: M/S/C (Arreguin/Hahn) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 6:48 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on March 26, 2024.
___________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #2a: Conference with Legal Counsel – Anticipated Litigation Pursuant To Government Code Section 54956.9(d)(2)

1. Leah Amzel

2. Barbara McVeigh

3. Leah Greenblat

4. Dianna Dar

5. Shrlee Lichtman

6. Miriam Ferris

7. Dorothea Dorenz

8. Ilana Pearlman (2)

9. Udi Shamay

10.Rachel Schiff

11.Leah Greenblat

12.Hillary Kilimnik

13.Andrew Murray, Interim Public Works Director (6)

14.Terry Fletcher

15.Jon Jackson

16.Glen Hauer

17.Pathma Venasithamby

18.Beverly Crawford

Tuesday, March 26, 2024 MINUTES Page 4

19.Susan Harman

20.David Spero

21.Marge Sussman

22.Helen Finkelstein

23.Kathryn Orsini

24.Sheila Jordan

25.Mary Ann Meany

26.Cielo Rios

27.Tom Luce

28.Seth Morrison

29.Vanessa Marrero

30.Jim Haber

31.Jerome Geffner

32.Marla Kamiya

33.Daphne Muse

34.The Wellstone Democratic Renewal Club

35.Kitty Kelly Epstein

36.Jack Kurzweil

37.Laurie Earp

38.MJ Baumann

39.Carol Sanders

40.Talia Glass

41.Gen Katz

42.Nicholas Glass

43.Tobey Wiebe

44.Laurie Earp

45.Katherine Falk

46.Lea Zalinskis

47.Martha Larsen

48.Candice Schott

49.Larry Hendel

Tuesday, March 26, 2024 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, March 26, 2024
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 – VACANT
DISTRICT 4 – VACANT DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. 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/1618014669. 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: 161 801 4669. 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.

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 public participation may be addressed to the City Clerk Department (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Attachment 9

Tuesday, March 26, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 7:06 p.m.

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

Absent: None
Councilmember Humbert participated in the meeting remotely pursuant to the Brown Act, as amended by AB 2449.

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

Recess 7:42 p.m. – 7:51 p.m.

Consent Calendar
Action: M/S/C (Arreguin/Wengraf) to accept three urgency items to the Consent Calendar pursuant to Government Code Section 54954.2(b)(2). 1) From Councilmember Hahn entitled Kala Art Institute 2024 Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds. 2) From Councilmember Wengraf entitled Support of AB 2346 (Lee). 3) From Mayor Arreguin entitled Berkeley City College’s 50th Anniversary Gala:

Relinquishment of Council Office Budget Fund to General Fund and Grant of Such Funds
Vote: All Ayes.

The Mayor issued a warning regarding the City Council Rules of Procedure and the need for the attendees to cease disruptive actions like yelling and chanting and adhere to the adopted rules of decorum to allow for the orderly conduct of business.

Recess 8:22 p.m. – 8:36 p.m.

Consent Calendar
Tuesday, March 26, 2024 MINUTES Page 3
Public Comment on Consent Calendar and Information Items Only: 17 speakers.

Action: M/S/C (Arreguin/Hahn) to suspend the rules and allow for a 30-minute public comment period on the Consent Calendar with one-minute per speaker.

Vote: All Ayes.

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

Vote: All Ayes.

Urgent Item: Berkeley City College’s 50th Anniversary Gala: Relinquishment of Council Office Budget Fund to General Fund and Grant of Such Funds From: Mayor Arreguin (Author)
Recommendation: Adopt a resolution approving the expenditure of an amount not to exceed $500.00 per council member, including $500.00 from Mayor Arreguín, to Berkeley City College with funds relinquished to the City’s general fund for this purpose from the discretionary council office budget of Mayor Arreguín and any other council members who would like to contribute.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,245–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Hahn - $300; Councilmember Humbert - $100; Councilmember Taplin - $300.

Urgent Item: Kala Art Institute 2024 Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor) Recommendation: Adopt a resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Hahn and $500 from Councilmember Taplin, to the Kala Art Institute, a 501(c)(3) non-profit organization, to support Art Kala 2024, an exhibition, auction, and benefit to support Kala’s artistic, cultural, and educational programs, with funds relinquished to the City’s general fund for this purpose from the discretionary Council office budgets of Councilmembers Hahn and Taplin, and from any other Councilmembers who would like to contribute.

Financial Implications: Councilmembers’ Discretionary Funds - $500 Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Adopted Resolution No. 71,246–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Mayor Arreguin - $100; Councilmember Humbert - $100; Councilmember Wengraf - $250.

Consent Calendar
Tuesday, March 26, 2024 MINUTES Page 4
Urgent Item: Support of AB 2346 (Lee)
From: Councilmember Wengraf (Author)
Recommendation: Send a letter to the California Legislature through their online portal, in support of AB 2346 (Lee), with copies to [email protected] and [email protected].

Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Approved recommendation.

1. Lease Agreement: Dorothy Day House d.b.a Dorothy’s Closet at 2425a Channing Avenue in the Telegraph-Channing Mall and Garage From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,900-N.S. authorizing the City Manager to execute a lease agreement with Dorothy Day House, a 501c3 nonprofit organization doing business as Dorothy’s Closet to use and occupy 2425a Channing Avenue inside the Telegraph-Channing Mall and Garage for a five (5) year lease term with an option to extend for one additional five (5) year term. The initial lease term is anticipated to begin retroactively on May 1, 2023.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300
Action: Adopted second reading of Ordinance No. 7,900–N.S.

2. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of February 5, 2024 (closed), February 13, 2024 (regular), February 20 (closed), February 27, 2024 (special and regular) and February 29, 2024 (special).

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

Consent Calendar
Tuesday, March 26, 2024 MINUTES Page 5

3. Contract No. 32200202 Amendment: 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, for the purposes of extending the interim noncongregate shelter program at this location to accommodate a longer-than-anticipated Homekey sales process. The proposed contract amendment will extend the term on a month-to-month basis for no longer than 6 months and increase the total cost by up to $975,756, with actual costs pro- rated based on the length of the lease, for a new contract not-to-exceed amount of $4,872,158.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Urgency Ordinance No. 7,901–N.S.

4. Contract: 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 September 30, 2024.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 71,247–N.S.

5. Contract No. 31900162 Amendment: Pride Industries Contract for Janitorial Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the City’s contract with Pride Industries (Contract No. 31900162) through June 30, 2025, and to approve additional appropriations related for performance of this contract.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 71,248–N.S.

6. Contract No. 32000060 Amendment: Toshiba for Multi-function Devices From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the City’s contract with Toshiba (contract #32000060) through September 15, 2025, and to approve additional appropriations related for performance of this contract.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 71,249–N.S.

Consent Calendar
Tuesday, March 26, 2024 MINUTES Page 6

7. Contract No. 32400009 Amendment: Stella Courier for Satellite Mail Services/Mail Room Coverage
From: City Manager
Recommendation: Adopt a Resolution approving an additional $50,000 to Contract 32400009 with Stella Courier, and authorizing the City Manager to amend the contract accordingly.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 71,250–N.S.

8. Contract: Marina Landscape for Wildfire Safe Model Garden Construction at Firehouse #4
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to award a contract and execute any amendments, extensions, or change orders with Marina Landscape in an amount not-to-exceed $275,000 over a two-year period, to provide landscaping, irrigation installation, grading, and the removal of previous vegetation around Berkeley Firehouse #4.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,251–N.S.

9. Contract No. 32400033 Amendment: Strategic Economics for Affordable Housing Requirements Economic Feasibility Analysis
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract no. 32400033 with Strategic Economics, increasing the contract amount by $50,000 for contract services in a total amount not to exceed $200,000, with a contract end date of January 15, 2025.

Financial Implications: See report.

Contact: Margot Ernst, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,252–N.S.

10. Contract No. 31900225 Amendment: LifeLong Medical Care to fund No Place Like Home (NPLH) supportive services at Maudelle Miller Shirek From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900225 with LifeLong Medical Care (LLMC) to add $15,300 to provide No Place Like Home (NPLH) tenancy sustaining services at Maudelle Miller Shirek for a total contract amount not to exceed $2,873,947.

Financial Implications: See report
Contact: Margot Ernst, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,253–N.S.

Consent Calendar
Tuesday, March 26, 2024 MINUTES Page 7

11. Contract Amendment: The Labor Compliance Managers for Labor Standards Enforcement Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to the Contract with The Labor Compliance Managers increasing the contract by $50,000 for consulting services for a total amount not to exceed $100,000.

Financial Implications: See report
Contact: Margot Ernst, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,254–N.S.

12. Contract for Health Officer Coverage
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract with Dr. Gail Newel for Health Officer services during periods when the City Health Officer is out of the office for the period May 1, 2024 through May 1, 2025 in an amount not to exceed $30,000.

Financial Implications: See report
Contact: Tanya Bustamante, Health, Housing, and Community Services, (510) 981- 5400
Action: Adopted Resolution No. 71,255–N.S.

13. Appointment of Director of Public Works
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Terrance Davis as the Director of Public Works to be effective April 15, 2024 at an annual salary of $260,000.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,256–N.S.

14. Memorandum of Understanding: Berkeley Chief Fire Officers Association From: City Manager
Recommendation: Adopt a Resolution 1) approving a successor Memorandum of Understanding (MOU) with the Berkeley Chief Fire Officers Association (BCFOA) 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 BCFOA classifications (Representation Unit A) that implements the salary adjustments reflected in the new MOU and supersedes prior salary resolutions.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,257–N.S. including supplemental material in Supplemental Communications Packet from the City Manager.

Consent Calendar
Tuesday, March 26, 2024 MINUTES Page 8

15. Contract No. 32400015 Amendment: California Consulting for on-call grant writing services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400015 with California Consulting, Inc. for on-call grant writing services to increase the contract amount by $303,000 for a new not-to- exceed amount of $350,000 and extend the contract term to June 30, 2026.

Financial Implications: Various Funds - $350,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,258–N.S.

16. Fiscal Year 2025 Street Lighting Assessments – Initiating Proceedings From: City Manager
Recommendation: Adopt two Resolutions describing proposed improvements to be used to determine the annual assessments levied for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District No. 2018, and ordering the preparation of Engineer’s Reports.

Financial Implications: See report.

Contact: Andrew Murray, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,259–N.S. (District No. 1982-1), and Resolution No. 71,260–N.S. (District No. 2018).

17. Purchase Order Extension Authorizations for Critical Vendors of Equipment Maintenance Parts and Services for Multiple Departments From: City Manager
Recommendation: Adopt fourteen Resolutions authorizing the City Manager to execute extensions of existing multi-year purchase orders for Equipment Maintenance Parts and Services as described below through June 30, 2025:

1. Purchase Order with Golden State Emergency Vehicle for Fire vehicle repairs increased by $500,000 to a new total Purchase Order amount not to exceed $800,437.50.

2. Purchase Order with Pape Machinery, Inc. for heavy equipment parts and repairs increased by $375,000 to a new total Purchase Order amount not to exceed $666,697.50.

3. Purchase Order with City Auto Supply for ongoing vehicle parts increased by $250,000 to a new total Purchase Order amount not to exceed $432,447.50.

4. Purchase Order with Fleetwash, Inc. for vehicle washing increased by $200,000 to a total Purchase Order amount not to exceed $372,615.

5. Purchase Order with Coast Counties Truck & Equipment Co. for heavy equipment parts increased by $225,000 to a new total Purchase Order amount not to exceed $351,730.

6. Purchase Order with Arata Equipment Company for Zero Waste vehicle parts and repairs increased by $210,000 to a new total Purchase Order amount not to exceed $320,180.

7. Purchase Order with TEC of California, Inc. for vehicle parts and accessories

Consent Calendar
Tuesday, March 26, 2024 MINUTES Page 9
increased by $200,000 to a new total Purchase Order amount not to exceed $305,000.

8. Purchase Order with Future Ford of Concord for auto/truck parts and service increased by $205,000 to a new total Purchase Order amount not to exceed $300,000.

9. Purchase Order with Acme Rigging & Supply Company, Inc. for wheel loader and heavy equipment parts increased by $200,000 to a new total Purchase Order amount not to exceed $285,995.

10. Purchase Order with Western Truck Center in an amount not to exceed $260,000.

11. Purchase Order with Southern Counties Lubricants LLC for vehicle lubricants increased by $175,000 to a new total Purchase Order amount not to exceed $238,500.

12. Purchase Order with McNeilus Truck and Manufacturing Company for Zero Waste truck parts increased by $150,000 to a new total Purchase Order amount not to exceed $200,000.

13. Purchase Order with California Covers for upholstery services increased by $60,000 to a new total Purchase Order amount not to exceed $110,881.01.

14. Purchase Order with Berry Brothers for towing services increased by $15,000 to a new total Purchase Order amount not to exceed $50,000.

Financial Implications: See report
Contact: Andrew Murray, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,261–N.S. (Golden State Emergency), Resolution No. 71,262–N.S. (Pape Machinery, Inc.), Resolution No. 71,263–N.S. (City Auto Supply), Resolution No. 71,264–N.S. (Fleetwash, Inc.), Resolution No. 71,265–N.S. (Coast Counties Truck), Resolution No. 71,266–N.S. (Arata Equipment Company), Resolution No. 71,267–N.S. (TEC of California), Resolution No. 71,268–N.S. (Future Ford of Concord), Resolution No. 71,269–N.S. (Acme Rigging & Supply), Resolution No. 71,270–N.S. (Western Truck Center), Resolution No. 71,271–N.S. (Southern Counties Lubricants), Resolution No. 71,272–N.S. (McNeilus Truck), Resolution No. 71,273–N.S. (California Covers), and Resolution No. 71,274–N.S. (Berry Brothers).

18. Filling Vacancies Among the Elected Representatives of the Poor From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution confirming the appointment of Cheryl Atkinson (District 1) as an elected representative of the poor on the Human Welfare and Community Action Commission (HWCAC), having been voted at the HWCAC February 7, 2024 meeting, and that their term expires November 28, 2024.

Financial Implications: See report
Contact: Mary-Claire Katz, Commission Secretary, (510) 981-5400 Action: Adopted Resolution No. 71,275–N.S.

Consent Calendar
Tuesday, March 26, 2024 MINUTES Page 10

19. Response to Council Referral: Long Term Care Facility Oversight From: Community Health Commission
Recommendation: Refer to the City Manager and the budget process the (1) establishment of an enhanced Ombudsperson program for oversight of Skilled Nursing Facilities and Residential Care Facilities for the Elderly, and (2) early implementation of the Centers for Medicare & Medicaid Services (CMS) proposal for minimum nursing staffing levels ahead of the three-year period proposed by CMS.

Financial Implications: See report
Contact: Kellie Knox, Commission Secretary, (510) 981-5301 Action: Approved recommendation.

Council Consent Items

20. Budget Referral: Funding to Protect Pedestrian Safety on Upper Marin Avenue From: Councilmember Hahn (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Humbert (Co-Sponsor) Recommendation: Refer to the Budget Process up to $200,000 for study and implementation of traffic control measures on upper Marin Avenue to address urgent safety needs for pedestrians.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Approved recommendation including supplemental material in Supplemental Communications Packet #2 from Councilmember Hahn.

21. Proclamation in Honor of City of Berkeley Holocaust Remembrance Day From: Councilmember Wengraf (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Taplin (Co-Sponsor) Recommendation: Adopt the Holocaust Remembrance Day Proclamation for the City of Berkeley’s 21st Annual Holocaust Remembrance Day. The program will take place virtually on Sunday, May 5th, 2024.

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

Council Consent Items
Tuesday, March 26, 2024 MINUTES Page 11

22. 2024 Virtual Holocaust Remembrance Day Program: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds From: Councilmember Wengraf (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Taplin (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Vice Mayor Wengraf, to support the City’s Annual Holocaust Remembrance Day program with funds relinquished to the City’s general fund. The relinquishment of funds from Vice Mayor Wengraf’s discretionary Council Office Budget and all other Councilmembers who would like to contribute, allows the City of Berkeley to invite the community to its 21st Annual Holocaust Remembrance Day virtual program, created by the community with City Council support. This year’s program will be held virtually on May 5th, 2024.

Register via Eventbrite to attend.

Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Adopted Resolution No. 71,276–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Mayor Arreguin - $500; Councilmember Humbert - $500; Councilmember Bartlett - $250; Councilmember Kesarwani - $100; Councilmember Taplin - $500; Councilmember Hahn - $500.

Action Calendar – Public Hearings

23. Zoning Ordinance Amendments to Berkeley Municipal Code Chapter 23.326 Demolition and Dwelling Unit Controls
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt first reading of an Ordinance regarding amendments to Berkeley Municipal Code Chapter

23.326 Demolition and Dwelling Unit Control Ordinance.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: M/S/C (Arreguin/Taplin) to refer the item to the Agenda & Rules Committee for scheduling.

Vote: All Ayes.

Action Calendar – New Business
Tuesday, March 26, 2024 MINUTES Page 12
24a. Dissolution of the Human Welfare and Community Action Commission and the Peace and Justice Commission; and, establishment of the Human Welfare, Peace and Justice Commission
From: City Manager
Recommendation: Adopt first reading of an Ordinance to:

1. Repeal Chapter 3.68, Peace and Justice Commission; and,

2. Repeal Chapter 3.78, Human Welfare and Community Action Commission; and,

3. Establish the Human Welfare, Peace and Justice Commission with Chapter 3.70 Financial Implications: See report
Contact: Margot Ernst, Health, Housing, and Community Services, (510) 981-5400 24b. Reform the Human Welfare and Community Action Commission by amending rules regarding the Commission’s composition, number of members, filling of vacancies, election of low-income representatives, enumerated functions, and other changes
From: City Manager
Recommendation: Adopt first reading of an Ordinance to reform the Human Welfare and Community Action Commission (HWCAC)
Financial Implications: See report
Contact: Margot Ernst, Health, Housing, and Community Services, (510) 981-5400 Action: 9 speakers. M/S/C (Arreguin/Hahn) to adopt first reading of Ordinance No. 7,902–N.S. in Item 24b and further, the Council rejects the proposed merger of the Peace and Justice Commission and the Human Welfare and Community Action Commission, and directs the City Manager to cease all work related to such a potential merger. Second reading scheduled for May 7, 2024.

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

Information Reports

25. Fiscal Year 2024 Mid-Year Budget Update
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Received and filed.

26. Two consecutive meetings canceled for lack of quorum From: Homeless Services Panel of Experts
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400 Action: Received and filed.

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

Vote: All Ayes.

Adjourned at 10:30 p.m.

Tuesday, March 26, 2024 MINUTES Page 13
I hereby certify that the foregoing is a true and correct record of the regular meeting held on March 26, 2024.
__________________________
Mark Numainville, City Clerk
Communications
Item #20: Budget Referral: Funding to Protect Pedestrian Safety on Upper Marin Avenue

1. Shodie Lyon
Item #23: Zoning Ordinance Amendments to Berkeley Municipal Code Chapter

23.326 Demolition and Dwelling Unit Controls

2. John Selawsky
Item #24a: Dissolution of the Human Welfare and Community Action Commission and the Peace and Justice Commission; and, establishment of the Human Welfare, Peace and Justice Commission

3. Janice Schroeder

4. Human Welfare Community Action Commission (HWCAC)
Greenhouse Gas Emissions Plan

5. Derek Young
Traffic Safety

6. Tucker Pinochi, on behalf of Ecole Bilingue de Berkeley Berkeley Unified School District Parking Lot

7. Amy
Bike Lanes

8. Alex Merenkov

9. Nadia Rojas
Scooters Parked Illegally

10.Sean McMahon (2)

11.Monica DiLullo, on behalf of Veo
Smokefree Multiunit Housing

12.Carol Denney (2)
Restrooms at Channing Way & Telegraph Avenue

13.Greg Dabel (2)

Tuesday, March 26, 2024 MINUTES Page 14
People’s Park

14.Holly Scheider
2021 Mason Tillman Report

15.Elana Auerbach
Gaza and Israel

16.Torie White

17.Karrie Keyes

18.Hannah Beth Schlacter

19.Gordon Gilmore
Supplemental Communications and Reports 1
Item #23: Zoning Ordinance Amendments to Berkeley Municipal Code Chapter

23.326 Demolition and Dwelling Unit Controls

20.Revised material, submitted by Planning and Development

21.Revised material, submitted by Councilmember Kesarwani Supplemental Communications and Reports 2
Item #14: Memorandum of Understanding: Berkeley Chief Fire Officers Association

22.Supplemental material, submitted by Human Resources
Item #20: Budget Referral: Funding to Protect Pedestrian Safety on Upper Marin Avenue

23.Supplemental material, submitted by Councilmember Hahn

24.Walk Bike Berkeley
Action Calendar – Public Hearing
Item #23: Zoning Ordinance Amendments to Berkeley Municipal Code Chapter

23.326 Demolition and Dwelling Unit Controls

25.Revised material, submitted by Councilmembers Kesarwani, Humbert and Taplin

26.Stan Momtchev

27.Joann Sullivan

28.Kevin Casey

29.Mike Dunham

30.Andrea Gordon

31.Brenda Richardson

32.Sandra Emerson

33.Chris Lee-Egan

34.Valerie Knepper

35.Alden Mudge

36.AJ Cho

37.Christopher Batson

38.Ranjit Bharvirkar

39.Tawny Reynolds

Tuesday, March 26, 2024 MINUTES Page 15

40.Lynne Tilsen

41.Connie Clausen

42.Jonas Osmond

43.Kyung Son

44.Kellen Gauthier

45.Cece Rosaia

46.Susie Wyshak

47.April Jones

48.Bobbie Giaratana

49.Eric Johnson

50.Lee Bishop

51.Cathryn Heilig

52.Todd Andrew

53.Tess Fruge

54.David Mendelsohn

55.Pablo Diaz-Gutierrez

56.Milo Trauss

57.Bryce Nesbitt

58.Theo Gordon

59.Grayson Peters
Item #24b: Reform the Human Welfare and Community Action Commission by amending rules regarding the Commission’s composition, number of members, filling of vacancies, election of low-income representatives, enumerated functions, and other changes

60.Supplemental material, submitted by Mayor Arreguin and Councilmember Hahn Urgent Item: Kala Art Institute 2024 Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds

61.Urgent item, submitted by Councilmember Hahn
Urgent Item: Letter of Support for AB 2346

62.Urgent item, submitted by Councilmember Wengraf
Supplemental Communications and Reports 3
Item #21: Proclamation in Honor of City of Berkeley Holocaust Remembrance Day

63.Barbara Schick

64.Esther Brass

65.Robin Mencher

66.Melissa Chapman

67.Tucker Pinochi

68.Susanne Kalter DeWitt

69.Yael Galinson

70.Christina Harb

71.Hillary Kilimnik

72.Brett Mendel

73.Susanne DeWitt

Tuesday, March 26, 2024 MINUTES Page 16

74.Ilana Pearlman

75.Brett Mendel
Item #23: Zoning Ordinance Amendments to Berkeley Municipal Code Chapter

23.326 Demolition and Dwelling Unit Controls

76.beccafreed@

77.Jay Sondhi

78.Janice Schroeder

79.Cindy O’Neil

80.M.E. Lawrence

81.Dianne Ayres

82.Kim Markison

83.Gregory Kalkanis

84.Lindsey Newbold

85.Andrew Fox

86.Margaret Wellons

87.Janice Murota

88.Eugene Turitz

89.Anne McClintock

90.Judy MacLean

91.Sarah Bell

92.Gary McDole

93.Michael Katz

94.Zipporah Collins

95.Max Ventura

96.Janis Ching

97.Sierra Club Nothern Alameda County Group

98.Nico Calavita

99.Sandra Smith
100. Alicia Moore
101. Joel Myerson
102. Martha Hill
103. Geoff Lomax
104. Sarah Bell, oh behalf of East Bay YIMBY
105. Ednah Friedman
106. Susan Black
107. Sophia DeWitt, on behalf of East Bay Housing Organizations 108. Naomi Janowitz
109. Bryce Nesbitt
110. Matthew Lewis
111. Negeen Mosaed
112. Abderazak Medhkour
113. Vanessa Marrero
114. Karin Werheim
115. Lisa Camasi
116. Berkeley Tenant Union
117. Zoe Spiropoulou

Tuesday, March 26, 2024 MINUTES Page 17
118. Gregory Lemieux
119. 23 similarly-worded form letters
Item #24b: Reform the Human Welfare and Community Action Commission by amending rules regarding the Commission’s composition, number of members, filling of vacancies, election of low-income representatives, enumerated functions, and other changes
120. Presentation, submitted by Health, Housing and Community Services Urgent Item: Kala Art Institute 2024 Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
121. Urgent item, submitted by Councilmember Hahn and Taplin Urgent Item: Berkeley City College’s 50th Anniversary Gala: Relinquishment of Council Office Budget Fund to General Fund and Grant of Such Funds 122. Urgent item, submitted by Mayor Arreguin
Miscellaneous Communications
123. Eid Abdallah

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
May 7, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Calling for a Consolidated General Municipal Election for November 5, 2024

RECOMMENDATION
Adopt a Resolution: a) Calling for a General Municipal Election to be consolidated with the Presidential General Election to be held in Berkeley on November 5, 2024; b) Requesting that the Alameda County Board of Supervisors consolidate the City of Berkeley General Municipal Election with the Presidential General Election; c) Authorizing certain procedural and contractual actions; and d) Establishing policies for the filing of candidate statements of qualification.

FISCAL IMPACTS OF RECOMMENDATION
No direct fiscal impacts related to the recommended action. Election services have seen a steep increase since 2018, with the City’s first million-dollar election in 2020. In general, the number of measures placed on the ballot, and the length of the measures, are the primary driving factors in the fluctuation of election costs.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley is required under the City’s Charter to conduct its general municipal elections in November of each even-numbered year. Adopting this resolution is the first official step toward holding the election.

The resolution in Attachment 1: a) calls for a General Municipal Election and requests the Alameda County Board of Supervisors accept consolidation of the City’s General Municipal Election with the Presidential General Election on November 5, 2024; b) provides authority for the City Clerk to enter into contracts necessary for election supplies and services for the general election; c) provides authority for the City Clerk to hire temporary staff as needed to assist with the conduct of this election; d) adopts certain administrative policies for the filing of candidate statements; and e) authorizes the filing of rebuttal arguments for City ballot measures pursuant to Elections Code Section 9285.

Calling for a Consolidated General Municipal Election for November 5, 2024 CONSENT CALENDAR May 7, 2024

BACKGROUND
Since 2010, voters have selected candidates for Mayor, Auditor, and City Council using Ranked-Choice Voting (RCV). In 2024 voters will continue to use RCV, thus eliminating the need for runoff elections. The use of RCV does not affect any of the actions stated in the resolution calling the election.

The City Charter, State Elections, and Government Codes require adoption of a resolution requesting consolidation, and authorizing procedural, contractual and organizational actions in connection with the General Municipal Election to be held on November 5, 2024.

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

CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:
1: Resolution Calling the November 5, 2024 General Municipal Election

RESOLUTION NO. – N.S.

CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE PRESIDENTIAL GENERAL ELECTION ON NOVEMBER 5, 2024
WHEREAS, a General Municipal Election is to be held on Tuesday, November 5, 2024, in and for the City of Berkeley; and
WHEREAS, certain actions are required in connection with said election.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the General Municipal Election to be held in the City of Berkeley on November 5, 2024, is hereby called.

BE IT FURTHER RESOLVED as follows:

1. In accordance with the provisions of Section 10002 and 10403 of the Elections Code of the State of California, the Alameda County Board of Supervisors is requested to consolidate the City of Berkeley General Municipal Election with the Presidential General Election to be held November 5, 2024 and to permit the county elections official to render services specified.

2. The Registrar of Voters of Alameda County is requested to perform services in connection with said election at the request of the City Clerk. These services include all necessary services related to signature checking for nomination petitions and signatures-in-lieu of filing fee, official ballot creation, sample ballot and voter information pamphlet preparation, vote-by-mail, vote centers, drop boxes, vote center workers, voter registration, voting machines, canvass operations, and any and all other services necessary for the conduct of the general election.

3. The City hereby requests that the Registrar of Voters conduct the election for City Council and Mayor using ranked choice voting in accordance with the executed Memorandum of Understanding between the City and the Registrar as well as Berkeley Municipal Code Section 2.14.010 et seq.

4. The Board of Supervisors of Alameda County is requested to include on the ballots and sample ballots, all qualified measures submitted by the City Council to be ratified by the qualified electors of the City of Berkeley.

5. That the City of Berkeley acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code Section 10418.

6. The City Clerk is hereby directed to cause the posting, publication, and printing of all notices or other election materials pursuant to the requirements of the Charter Attachment 1

of the City of Berkeley and the Elections and Government Codes of the State of California.

7. The City Clerk is hereby authorized to enter into any contracts necessary for election consulting services, temporary employment services, printing services, and any such other supplies and services as may be required by the statutes of the State of California and the Charter of the City of Berkeley for the conduct of the November General Municipal Election.

8. The offices to be voted upon at the General Municipal Election shall be:
a) One council member seat, District 2, term ending November 30, 2028 b) One council member seat, District 3, term ending November 30, 2028 c) One council member seat, District 5, term ending November 30, 2028 d) One council member seat, District 6, term ending November 30, 2028 e) One seat for mayor, term ending November 30, 2028
f) Two school board director seats, terms ending November 30, 2028 g) Four rent stabilization board commissioner seats, terms ending November 30, 2028;

9. The offices of mayor and council member require a 50%+1 majority in the ranked choice voting system to be elected. The offices of school board director and rent stabilization board commissioner require a plurality of the votes cast.

10.The City Council of the City of Berkeley approves and endorses the use of five (5) voting choices for candidates on the Ranked-Choice Voting ballot.

11.Candidates may file a statement of qualification pursuant to the regulations in the Elections Code, the City Charter, the Municipal Code, and the policies set forth below:
a. Candidate statements must be filed no later than the last day to file nomination papers.
b. Candidate statements must be filed at the same time as completed nomination papers are filed.
c. Statements may not be changed once they are submitted. Statements may be withdrawn until 5:00 p.m. on the next business day after the close of the nomination period.
d. Statements are confidential until the close of the nomination period. The statements are subject to public review and contest.
e. There shall be no fee charged by the City for the submission of a candidate statement of qualifications.
f. Statements must be typed or printed from a computer. If prepared on a computer, submission in electronic format, in addition to the required hard copy, is required.
g. Statements shall be submitted in plain text formatting, single paragraph, without any formatting such as underline, bold, italics, or all caps.

h. Candidate statements must be in the format provided by the City Clerk when filed.
i. Statements are limited to 200 words. The word counting guidelines in Elections Code Section 9 shall govern the counting of words. j. The candidate statement will be translated into Spanish, Chinese, Vietnamese, and Tagalog pursuant to the requirements of the Federal Voting Rights Act.
k. Signed and completed consent forms are required for each Berkeley resident referenced as an endorser (no less than 5, no more than 20) and for any person and any organization mentioned in the text of the statement as an endorser or supporter.
l. For any discrepancy between the information listed on the hard copy of a candidate statement or candidate statement form and the consent form, the signed consent form will take precedence.
m. The name and title of an endorser will be printed exactly as it is written on the consent form.
n. The total word count for all title(s) of a single endorser shall not exceed 20 words. In the case that there are more than 20 words, the title will be truncated at the 20 th word. Words will be counted in accordance with Elections Code Section 9.
o. Any mention of partisan activity or membership is prohibited in the 200- word statement.
p. Any mention of any opponent or other candidate for the same office is prohibited.
q. Candidates may submit a photograph of themselves to be printed with their statement. Hard copy and electronic photo must be submitted at the same time the candidate statement is filed in order to be included in the voter pamphlet.

12.The City of Berkeley agrees to reimburse the County of Alameda in full for the cost of election services performed.

13.Pursuant to Elections Code Section 9285 (b), the City Council hereby adopts the provisions of Elections Code Section 9285 (a) providing for the filing of rebuttal arguments for city ballot measures.

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.berkeleyca.gov

CONSENT CALENDAR
May 7, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Henry Oyekanmi, Director, Finance Department
Subject: Ballot Measure Increasing the City’s Appropriation Limit to Allow Expenditure of Tax Proceeds for Fiscal Years 2025 through 2028

RECOMMENDATION

1. Adopt a Resolution placing the attached measure to increase the City’s appropriation limit on the ballot 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.

FISCAL IMPACTS OF RECOMMENDATION
The City will be authorized to appropriate and expend proceeds of taxes and income from investments of those taxes for four additional years, from FY 2025 through FY 2028. This measure would not increase taxes or impose a new tax. It would authorize the City to continue to spend the proceeds of already-approved taxes for FY 2025 through 2028.

No direct fiscal impacts related to the recommended action. Election services have seen a steep increase since 2018, with the City’s first million-dollar election in 2020. In addition, the number of measures placed on the ballot, and the length of the measures, are the primary driving factors in the fluctuation of election costs.

CURRENT SITUATION AND ITS EFFECTS
The City has adopted various taxes over the years, including special taxes to fund park maintenance, City library services, emergency medical services (EMS), emergency services for severely physically disabled persons, fire protection and emergency response and preparedness, street lighting and storm drainage infrastructure and most recently fire, emergency services and wildfire prevention and tax on transportation network company trips. It has also adopted various general taxes, such as the business license tax, the utility users tax, the sugar sweetened beverage products tax, parking and transient occupancy taxes, the real property transfer tax, and the vacancy tax on residential properties.

Ballot Measure Increasing the City’s Appropriation Limit CONSENT CALENDAR To Allow Expenditure of Tax Proceeds for Fiscal Years 2025-2028 May 7, 2024

In November 2020, voters approved the existing authorization to spend the proceeds of these taxes, expiring on June 30, 2024. Voter authorization to raise the spending limit must be renewed every four years. Accordingly, pursuant to Article XIIIB of the California Constitution, in November 2024, the voters need to authorize the City to spend the proceeds of these taxes from fiscal year 2025 through fiscal year 2028.

Additionally, according to California Elections Code 9282 (b ), measures placed on the ballot by the legislative body, or a member or members of the legislative body authorized by that body, or an individual voter who is eligible to vote on the measure, or bona fide association of citizens, or a combination of voters and associations, may file a written argument for or against any city measure.

BACKGROUND
Article XIIIB of the California Constitution, the “Gann Appropriations Limit”, limits the total annual appropriations of each local government to the prior year’s appropriation, adjusted for changes in population and the cost of living. Section 4 of Article XIIIB authorizes voters to increase this appropriations limit for a maximum period of four years at a time. Unless the voters do so, half of any amount collected in excess of the appropriation limit must be refunded to the taxpayers within the next two years.

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

RATIONALE FOR RECOMMENDATION
If voters do not authorize the City to spend the proceeds of these taxes, then the amounts that may be spent on maintaining acceptable levels of park maintenance, library services, emergency medical services, emergency services for severely physically disabled persons and fire protection and emergency response and preparedness, as well as general governmental services and infrastructure would be reduced.

ALTERNATIVE ACTIONS CONSIDERED
Not authorizing the expenditure of the funds would be fiscally imprudent.

CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Henry Oyekanmi, Finance Director, (510) 981-7300
Attachments:
1: Resolution
Exhibit A: Text of Measure

RESOLUTION NO. ##,### –N.S.

SUBMITTING TO THE BERKELEY ELECTORATE A MEASURE TO INCREASE THE

APPROPRIATION LIMIT UNDER ARTICLE XIIIB OF THE CALIFORNIA

CONSTITUTION TO ALLOW FOR EXPENDITURE OF PROCEEDS OF TAXES AND INCOME FROM THE INVESTMENT OF THOSE TAXES FOR FISCAL YEARS 2025 THROUGH 2028
WHEREAS, the Berkeley City Council has elected to submit to the voters at the November 5, 2024 General Municipal Election, a measure to increase the appropriation limit under Article XIIIB of the California Constitution to allow for expenditure of taxes previously approved by the City, for FY 2025 through FY 2028; and
WHEREAS, the Council has requested that the Alameda County Board of Supervisors consolidate the General Municipal Election with the Presidential General Election; and WHEREAS, the Council desires to submit all measures to be placed upon the ballot at said consolidated election.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Board of Supervisors of Alameda County is hereby requested to include on the ballots and sample ballots the measure enumerated above to be voted on by the voters of the qualified electors of the City of Berkeley.

BE IT FURTHER RESOLVED that full text of the measure and the City Attorney’s analysis shall be printed in the Voter Information Pamphlet mailed to all voters in the City of Berkeley.

BE IT FURTHER RESOLVED that the above enumerated measure requires a majority vote threshold for passage.

BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause the posting, publication and printing of notices, pursuant to the requirements of the Charter of the City of Berkeley, the Government Code and the Elections Code of the State of California.

BE IT FURTHER RESOLVED that the Registrar of Voters of Alameda County is requested to perform services in connection with said election at the request of the City Clerk.

BE IT FURTHER RESOLVED that the City of Berkeley agrees to reimburse the County of Alameda in full for the cost of election services performed.

BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to enter into any contracts necessary for election consulting services, temporary employment services, printing services, and any such other supplies and services as may be required by the

statutes of the State of California and the Charter of the City of Berkeley for the conduct of the November General Municipal Election.

BE IT FURTHER RESOLVED that said proposed measure shall appear and be printed upon the ballots to be used at said election as follows:

CITY OF BERKELEY BALLOT MEASURE
YESShall the City’s appropriation limit under Article XIIIB of the California Constitution be increased to allow expenditure of the proceeds of City taxes and income from the investment of those taxes for fiscal years 2025 through 2028?
Financial Implications:

This measure would not increase taxes or impose a new tax. It would authorize the City to continue to spend the proceeds of already- approved taxes for FY 2025 through 2028.

NO
BE IT FURTHER RESOLVED that the text of the measure be as shown on Exhibit A and attached hereto and made a part hereof.

Exhibits
A: Text of Measure

Exhibit A

TEXT OF MEASURE
RESOLUTION NO. ##,###-N.S.

APPROVING INCREASE IN APPROPRIATION LIMIT FOR FISCAL YEARS 2025 THROUGH 2028
WHEREAS, Article XIIIB of the California Constitution requires that the voters approve increases in the City’s appropriations limit on a four year cycle; and WHEREAS, such increases allow the City to expend funds it has already collected from previously approved ballot measures for various purposes including public safety, parks and recreation, health services, and infrastructure; and WHEREAS, such expenditures are necessary for the continued health and well-being of City residents.

NOW THEREFORE BE IT RESOLVED by the People of the City of Berkeley that the City’s appropriation limit under Article XIIIB of the California Constitution is increased to allow the expenditure of the proceeds of City taxes and income from the investment of those taxes for fiscal years 2025 through 2028.

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.berkeleyca.gov

CONSENT CALENDAR
May 7, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Designate Ballot Measure Argument Authors – Initiative Ordinance Prohibiting Concentrated Animal Feeding Operations

RECOMMENDATION
Designate, by motion, specific members of the City Council to file ballot measure arguments as provided for in Elections Code Section 9282, on the Initiative Ordinance Prohibiting Concentrated Animal Feeding Operations on the ballot for the November 5, 2024 General Municipal Election.

FISCAL IMPACTS OF RECOMMENDATION
No direct fiscal impacts related to the recommended action.

CURRENT SITUATION AND ITS EFFECTS
At the November 7, 2023 meeting, the City Council adopted Resolution No. 71,095-N.S. placing the Initiative Ordinance Prohibiting Concentrated Animal Feeding Operations on the ballot for the November 5, 2024 General Municipal Election. With respect to who can author arguments for measures placed on the ballot by petition, Elections Code Section 9282 provides the City Council may authorize the Council as a whole, or members of the Council, to submit an argument against the initiative ordinance. The Council did not authorize members of the legislative body to file ballot measure arguments at the time the measure was placed on the ballot, and may take this action at this time.

BACKGROUND
An initiative petition titled “Initiative Ordinance Prohibiting Concentrated Animal Feeding Operations in the City of Berkeley” was filed with the City Clerk on September 5, 2023.

The Alameda County Registrar of Voters verified the signatures on the petition in accordance with State Elections Code §9215, and certified the petition as being sufficient on September 25, 2023.

Pursuant to City Charter Article XIII §92, at the November 7, 2023 meeting, the City Council adopted Resolution No. 71,095-N.S. placing the Initiative Ordinance Prohibiting Concentrated Animal Feeding Operations on the ballot for the November 5, 2024 General Municipal Election. Elections Code Section 9282 provides the City Council may authorize

Designate Ballot Measure Argument Authors – Initiative Ordinance CONSENT CALENDAR Prohibiting Concentrated Animal Feeding Operations May 7, 2024

the Council as a whole, or members of the Council, to submit an argument against the initiative ordinance.

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

RATIONALE FOR RECOMMENDATION
The City Council may authorize the Council as a whole, or members of the Council, to submit an argument against an initiative ordinance, pursuant to Elections Code Section 9282.

ALTERNATIVE ACTIONS CONSIDERED
The City Council could decline to designate members of the Council to submit an argument against the initiative ordinance, thereby relinquishing the legislative body’s preference and priority under the Elections Code to file an argument.

CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:
1: Resolution No. 71,095-N.S. – Placing the Initiative Ordinance Prohibiting Concentrated Animal Feeding Operations on the ballot for the November 5, 2024 General Municipal Election

Attachment 1

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: www.cityofberkeley.info/manager

CONSENT CALENDAR
MAY 7, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams Ridley, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Contract No. 117569-1 Amendment: Animal Fix Clinic (formerly Fix Our Ferals) for Spay and Neuter Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 117569-1 with Animal Fix Clinic (formerly Fix Our Ferals) to provide no-cost spay and neuter surgeries to eligible pet owners and shelter animals for FY 2024, increasing the contract amount by $25,000 for a new total contract amount not to exceed $127,218.

FISCAL IMPACTS OF RECOMMENDATION
The “Spay Neuter Your Pet” (SNYP) grant comes from the General Fund and is a community agency allocation that is given by Animal Services each year. The SNYP program provided $23,812 to Animal Fix Clinic (formerly Fix Our Ferals) for FY 2018, $11,906 for FY 2021, $14,000 for FY 2022, $17,500 for FY 2023, $35,000 for FY 2024 for a total of $102,218. Staff proposes to award the amount of $25,000 to Animal Fix Clinic for the remaining of FY 2024, for a new total amount not to exceed $127,218. The funds are in the FY 2024 General Budget currently.

CURRENT SITUATION AND ITS EFFECTS
There are currently not enough funds in current NTE to provide the needed surgeries for the remaining FY 2024. Animal Fix Clinic has contracted with the City of Berkeley to provide no-cost spay and neuter surgeries to eligible pet owners since FY 2018. In addition, Animal Fix Clinic has been providing spay and neuter surgeries to shelter animals due to lack of a full-time veterinarian at the shelter. By providing no-cost spay and neuter surgeries, Animal Fix Clinic decreases the number of unwanted pet offspring and reduces the number of homeless animals entering the Dona Spring Animal Shelter.

BACKGROUND
Many low-income pet owners would like to access spay and neuter services for their pets but are unable to afford the cost of surgery through local veterinary clinics. Animal Fix Clinic consistently works with low-income pet owners and is able to reach out to eligible pet owners whose animals need spay and neuter surgeries. The SNYP program

Animal Services Contract with the Animal Fix Clinic Consent Calendar MAY 7, 2024
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: www.cityofberkeley.info/manager provides free spay or neuter surgeries, decreasing unwanted pet litters. In addition, Berkeley Animal Care Services does not have a full-time veterinarian, and without the assistance of Animal Fix Clinic, the wait for surgeries would lead to longer lengths of strays and higher risks of the unnecessary euthanasia of shelter animals.

RATIONALE FOR RECOMMENDATION
Animal Fix Clinic is well equipped and capable of providing the services listed in the Scope of Service. If this funding is not authorized, it would prevent dozens of animals belonging to low-income pet owners from being spayed or neutered at no cost to the owner.

ALTERNATIVE ACTIONS CONSIDERED
The alternative to providing free spay and neuter surgeries to low-income residents is to refer them to low-cost spay and neuter clinics in the surrounding area. Prices in these clinics range from $150 to more than $1,000 and waiting lists for appointments are four months which is prohibitive to many pet owners.

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

CONTACT PERSON
Michael St. Pierre, Animal Care Services Manager, (510) 981-6603 Attachment:

1. Resolution

ATTACHMENT 1
RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 117569-1 AMENDMENT: ANIMAL FIX CLINIC (FORMERLY FIX OUR

FERALS) TO PROVIDE NO-COST SPAY AND NEUTER SURGERIES TO ELIGIBLE PET OWNERS FOR FY 2024, WITH A TOTAL CONTRACT AMOUNT NOT TO EXCEED $127,218
WHEREAS, The City of Berkeley SNYP program funds no-cost spay and neuter surgeries to eligible low-income pet owners and shelter animals; and WHEREAS, The Animal Fix Clinic is able to reach eligible low-income pet owners, and to provide no-cost spay and neuter services; and
WHEREAS, The ‘Spay Neuter Your Pet’ (SNYP) grant comes from the General Fund and is a community agency allocation that is given by Animal Services each year.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute Contract No. 117569-1, and any necessary amendments, with Animal Fix Clinic for spay and neuter services for FY 2024, increasing the amount of the contract by $25,000 for a new Not-to-exceed total of $127,218.

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
May 7, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Returning Funding from University of California, Berkeley for Rodeway Inn for Winter Shelter

RECOMMENDATION
Adopt a Resolution returning the unspent portion (totaling $400,140.17) of a $2,200,000 donation from the University of California, Berkeley, previously accepted by the Council on April 26, 2022 for the Rodeway Inn shelter.

FISCAL IMPACTS OF RECOMMENDATION
Approving this recommendation will result an expenditure of $400,140.17 in funding from the One-Time Grant: No Capital Expenditures Fund (Fund 336).

CURRENT SITUATION AND ITS EFFECTS
On April 26, 2022, the Council adopted an urgency ordinance to enter into a lease for the Rodeway Inn to operate noncongregate interim housing at the Rodeway Inn.

Because that program has chiefly served the cohort of unsheltered individuals who had been residing in People’s Park, the University of California, Berkeley supported the financing of the shelter (which was primarily funded by a State Encampment Resolution Fund grant) with a $2,200,000 donation to the City, accepted by Council on April 26, 2022. That program, since its inception, has successfully served 110 people; of the 76 people who have exited the program, 38 (50%) have moved directly into permanent housing – a success rate of half of all exits.

On December 4, 2023, the State of California officially announced that it would be awarding Berkeley HomeKey funding to purchase the Rodeway Inn and convert and operate it as permanent supportive housing for people experiencing homelessness. As the shelter portion of that program is concluding, staff have identified $400,140.17 in unspent funding from the original UC Berkeley donation.

Because the intent of these donated funds was to support a specific program that is at its conclusion, staff recommend returning the unspent portion to the University.

BACKGROUND

Returning Rodeway Inn Funding to UC Berkeley for Winter Shelter CONSENT CALENDAR May 7, 2024

On December 29, 2021, City staff partnered with the University of California, Berkeley to submit an application to the State of California’s Encampment Resolution Funding grant for $4.7M to cover 1 year of operations at the Rodeway to serve the people currently living without shelter in People’s Park. On March 8, 2022, the Council authorized the acceptance of the Encampment Resolution Funding grant funds and approved a lease with the Rodeway Inn and a contract with Abode Services to operate the shelter on April 26, 2022. On May 10, 2023, Health, Housing and Community Services Department, Housing and Community Services Division staff, in partnership with MPI Homes and HCEB, submitted a proposal to the State of California’s Homekey Program to purchase the Rodeway Inn and convert and operate it as permanent supportive housing for people experiencing homelessness. On December 4, 2023, the State of California announced that it was awarding Berkeley funding via HomeKey to purchase the Rodeway for permanent supportive housing. On September 19, 2023, Council extended the lease with the Rodeway Inn for an additional 5 months (through March 2024) to allow for the purchasing of the property and its conversion to housing to be completed without displacing those currently living there.

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
These funds were donated by the University for a very specific purpose, which has been completed. Returning the unspent portion of the funding is the appropriate gesture.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Peter Radu, Assistant to the City Manager, 510 981-7045 Attachments:
1: Resolution

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

RETURNING RODEWAY INN FUNDING TO THE UNIVERSITY OF CALIFORNIA,

BERKELEY FOR OPERATING WINTER SHELTER
WHEREAS, on April 26, 2022, the City Council approved an emergency lease ordinance with the Rodeway Inn and a contract with Abode Services to operate the Rodeway Inn as interim noncongregate shelter for people experiencing unsheltered homelessness in People’s Park; and
WHEREAS, on April 26, 2022, the City Council accepted a donation from the University of California, Berkeley, in the amount of $2,200,000, which partially funded the operations of the shelter program at the Rodeway Inn; and WHEREAS, on May 10, 2023, the City, in partnership with MPI Homes and Housing Consortium of the East Bay, submitted a proposal to the State of California’s Homekey Program to purchase the Rodeway Inn and convert and operate it as permanent supportive housing for people experiencing homelessness; and WHEREAS, on September 19, 2023, the City Council extended the lease and interim shelter program for an additional 5 months through March 2024, in anticipation of being awarded HomeKey; and
WHEREAS, the State of California announced on December 4, 2023 that the City had been awarded HomeKey funding for the Rodeway; and
WHEREAS, the Rodeway Inn noncongregate shelter program is concluding now that the motel is being converted to permanent supportive housing, after successfully serving 110 people, with 76 people who have exited the program and 38 (50%) of those moving directly into permanent housing; and
WHEREAS, City staff have identified $400,140.17 in unspent funding from the original $2,200,000 donation, and recommend returning those funds to the University of California, Berkeley.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes the City Manager to return $400,140.17 to the University of California, Berkeley, originally accepted as part of a $2,200,000 a donation from UC Berkeley with the adoption of Resolution No. 70,308–N.S. on April 26, 2022.

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
May 7, 2024
To:

Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on May 7, 2024

RECOMMENDATION
Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $3,700,000

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and PROJECT Fund Source Amount
Comprehensive Permit
Management Software
Solution
621 PROF SVCS -

MISCELLANEOUS
$3,500,000
Dispatch Implementation
and Ongoing Support
164 FF-PUBSAFE $200,000
Total: $3,700,000

Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council May 7, 2024 Approval on May 7, 2024
upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

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

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

RATIONALE FOR RECOMMENDATION
Need for the goods and/or services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Darryl Sweet, General Services Manager, Finance, 510-981-7329 Attachments:
1) Comprehensive Permit Management Software Solution
2) Dispatch Implementation and Ongoing Support
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

NEXT 30 DAYS
DATE SUBMITTED: MAY 7, 2024
Attachment 1

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX. BID

OPENING DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. / DIVISION CONTACT NAME
& PHONE
24-11661-C Comprehensive
Permit Management
Software Solution
5/2/2024 6/6/2024 We are seeking proposals for a
cloud-based, comprehensive
permit management software
system designed to automate and
streamline the entire permit
application and issuance process.

The solution must offer online
application capabilities,
real-time
tracking, and robust data
management and reporting
features.
$3,500,000.00 PROF SVCS –

MISCELLANEOUS
621-53-581-000-0000-
000-472-612990-
Planning and Development
Department
Eryn Blackwelder
(510) 981-7498
DEPT. TOTAL

$ 3,500,000.00
24-11663-C Dispatch
Implementation and
Ongoing
Support
May 1, 2024 July 1, 2024 Developing implementation plan for technology and ongoing
change management and
workflow support.
$200,000.00 164-72-742-838-0000-
000-422-612990-
Fire Department
Shanalee Gallagher
312-613-1099
DEPT. TOTAL

$ 200,000.00
TOTAL $ 3,700,000.00
1 of  2

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
May 7, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Contract: As-Needed Hazardous Fire Fuel Treatment with California Tree Solutions, Mountain Enterprises Inc., Small World Tree Co., and Bay Area Tree Specialists

RECOMMENDATION
Adopt four Resolutions authorizing the City Manager or her designee to execute the following contracts and any amendments for As-Needed Hazardous Fire Fuel Treatment and removal from May 18, 2024, to May 17, 2028, for a total cumulative amount not to exceed $4,000,000.

1. California Tree Solutions in the amount of $1,000,000;

2. Mountain Enterprises Inc.in the amount of $1,000,000;

3. Small World Tree Co. in the amount of $1,000,000; and

4. Bay Area Tree Specialists in the amount of $1,000,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available in the Fire Department budget using Measure FF funds, the Hills Overlay Assessment, and grant funds.

CURRENT SITUATION AND ITS EFFECTS
On October 13, 2023, to prepare for a new contract for these services, the City conducted a Request for Quote (RFQ) competitive bidding process to solicit proposals for the removal of hazardous vegetation accumulation and to manage other vegetation in high-risk areas of City-owned parks, pathways, evacuation routes and landscaped areas (Specification No. 24-11634-C). Staff has since re-issued the RFQ on January 29, 2024 to solicit additional proposals for vendors qualified for defensible space work to complement the tree removal vendors that submitted quotes for tree care and removal.

On February 15, 2024, the City received five quotes. Staff determined that California Tree Solutions, Mountain Enterprises Inc., Small World Tree Co., and Bay Area Tree Specialists met the criteria for a significant portion of the work needed. Staff

Contract: As-Needed Hazardous Fire Fuel Treatment

recommends that new contracts with California Tree Solutions, Mountain Enterprises Inc., Small World Tree Co., and Bay Area Tree Specialists be authorized.

The as-needed hazardous vegetation management and removal services are Strategic Plan Priority Projects, advancing our goals to
 create a resilient, safe, connected, and prepared city,  champion and demonstrate social and racial equity.
 be a global leader in addressing climate change, advancing environmental justice, and protecting the environment.

BACKGROUND
In 2021, the Fire Chief prioritized a FireSafe Berkeley initiative that includes hazardous fire fuel treatment and vegetation removal in the Very High Fire Hazard Severity Zone, increased inspections and compliance, defensible space treatment assistance for residents who demonstrate financial or physical hardship, and public education on vegetation management practices. The City has since been awarded a grant for the hazardous vegetation removal along evacuation routes on and near Grizzly Peak.

These contracts assist with the objectives of removing hazardous vegetation accumulation and managing other vegetation in high-risk areas of the community and City-owned parks, pathways, and evacuation routes. The City does not have the resources to accomplish this work using in-house staff and therefore uses contracted services.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Chapter 1 of the City’s Climate Action Plan acknowledges that California will experience a rise in wildfires due to climate change. Additionally, this program preserves natural habitats by removing unwanted invasive plant species and vegetative debris that are recycled and converted into usable compost. These services contract is an essential component in the proper maintenance of the City’s landscape.

RATIONALE FOR RECOMMENDATION
The Fire and The Parks, Recreation and Waterfront Departments have evaluated the ongoing needs for hazardous vegetation mitigation and other vegetation management and determined California Tree Solutions, Mountain Enterprises Inc., Small World Tree Co., and Bay Area Tree Specialists help fulfill the requirements as set out in the RFP.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Shanalee Gallagher, Program Manager, Fire Department, 510-981-3473