Agenda packet, first session — Berkeley City Council, May 14, 2024 (part 1 of 4)

Tuesday, May 14, 2024 REVISED AGENDA Page 1

REVISED AGENDA
( REVISED TELECONFERENCE LOCAT ION )

BERKELEY CITY COUNCIL MEETING
Tuesday, May 14, 2024
6:00 PM

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

TELECONFERENCE LOCATION - THE INTERCONTINENTAL - THE WHARF DC 801 WHARF STREET SW, WASHINGTON, DC 20024

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 – CECILIA LUNAPARRA 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/1617988895. 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 1-8 33-568-8864 (Toll Free) and enter Meeting ID: 161 798 8895. 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.

T
o 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 individua l, 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.

Rev - 1
Tuesday, May 14, 2024 REVISED AGENDA Page 2
Preliminary Matters
Roll Call:

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we l
ive 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.

C
eremonial 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 t
he 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 t
he 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.

Rev - 2
Tuesday, May 14, 2024 REVISED 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. Grant Application: Law Enforcement Mental Health and Wellness Act (LEMWHA) Program Grant to support contract with the Public Safety Family Counseling Group (PSFG) for Crisis Intervention and Critical Incident Stress Management Services.

From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to submit a Law Enforcement Mental Health and Wellness Act (LEMWHA) FY 24 Program grant application in the amount up to $200,000, due April 30, 2024; 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: See report
Contact: Carianna Arredondo, City Manager's Office, (510) 981-7000; Jennifer Louis, Police, (510) 981-5900

Consent Calendar

2. Repeal of Berkeley Municipal Code Chapter 12.80
From: City Attorney
Recommendation: Adopt first reading of an ordinance repealing Chapter 12.80 to the Berkeley Municipal Code (BMC), which bans natural gas infrastructure in new construction. In California Restaurant Association v. City of Berkeley, the 9th Circuit Court of Appeals found this ordinance unlawful. Repeal is required by the parties' settlement agreement and would resolve the litigation.

Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950

3. Amendment: FY 2024 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt the first reading of an Ordinance amending the FY 2024 Annual Appropriations Ordinance No. 7,892–N.S. for fiscal year 2024 based upon recommended re-appropriation of committed FY 2023 funding and other adjustments in the amount of $64,477,630 (gross) and $52,604,888 (net).

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Rev - 3
Consent Calendar
Tuesday, May 14, 2024 REVISED AGENDA Page 4

4. Grant Application: California Fire Safe Council (CFSC) Grant to establish an Alameda County Coordinator
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the California Fire Safe Council (CFSC) Grant to contract a county coordinator to serve Alameda County communities, provide resources and education on wildfire safety, promote collaboration, assist local groups with funding opportunities, and aid multi- jurisdictional planning.

Financial Implications: $200,000 (grant)
Contact: David Sprague, Fire, (510) 981-3473

5. Contract No. 32100126 Amendment: Anjanette Scott LLC for Housing Consultant Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32100126 with Anjanette Scott LLC extending and increasing the contract by $25,000 for consulting services to support the Housing Trust Fund program in a total amount not to exceed $175,000, with a contract end date of June 30, 2025.

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

6. Reinstatement of Sick Leave
From: City Manager
Recommendation: Approve a Resolution adopting new Personnel Rule 11.09 – Reinstatement of Sick Leave, which provides that (1) temporary or non-career employees who transition into career positions or at-will positions set forth in Berkeley Municipal Code Section 4.04.120(A)-(C) shall carry over their accrued sick leave banks to their new positions, and (2) consistent with California Labor Code Section 246(g)(2), unused paid sick days shall be reinstated for any employee who separates from the City but is rehired within a year, unless a longer period is specified by an applicable Memorandum of Understanding with the employee’s bargaining group.

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

Rev - 4
Consent Calendar
Tuesday, May 14, 2024 REVISED AGENDA Page 5

7. Amendment #1 to the WETA Memorandum of Understanding for the Berkeley Water Transportation Pier Ferry Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute amendment #1 to the existing Memorandum of Understanding (MOU) with the Water Emergency Transportation Authority (WETA) to accept up to $3,000,000 in WETA funding for the engineering, design and environmental phase of the new pier-ferry project at the Berkeley Marina.

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

8. Contract: COWI North America, Inc. for engineering and design of the Berkeley Water Transportation Pier Ferry Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with COWI North America, Inc (COWI) in an amount not to exceed $6,500,000 which includes $250,000 of contingency to provide engineering and design services for the Berkeley Water Transportation Pier Ferry Project (Project) for the period June 1, 2024 through June 1, 2027.

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

9. Accepting a Donation from Friends of Fountain Walk for Installation of Benches and Repairs to Balustrades of Fountain Walk
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept a donation of $16,800 from the Friends of Fountain Walk (Friends) for repairs to the historic balustrades and railings along Fountain Walk from Marin Circle to Del Norte Street and Sutter Street.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

10. Accepting a Donation from Residents of The Uplands for Resurfacing From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation from the residents of 255 thru 305 The Uplands in the amount of $50,000 to resurface the City owned parcel that performs as a public street for these residents.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

Rev - 5
Consent Calendar
Tuesday, May 14, 2024 REVISED AGENDA Page 6

11. Bike Share Electric-Assist Bicycle Expansion Agreement From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an agreement with Lyft Bikes and Scooters, LLC, subject to the terms of the Franchise Agreement, for the addition of 221 docked electric-assist bicycles and 11 infill bike share stations in Berkeley as part of the Bay Area Bike Share Program.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

12. Contract No. 32300096 Amendment: SCS Engineers for Landfill Post-Closure Maintenance and Monitoring Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300096 with SCS Engineers for maintenance, monitoring, and compliance services related to the closed landfill, increasing the contract amount by $1,530,000 for a total not to exceed amount of $2,244,022.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

13. Contract No. 32300080 Amendment: On-Call Civil Engineering Services, CSW Stuber-Stroeh Engineering Group, Inc.

From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300080 with CSW Stuber-Stroeh Engineering Group, Inc. for on-call civil engineering services, increasing the contract amount by $750,000 for a total not to exceed the amount of $1,500,000 and extending the term of the contract from December 31, 2025, to June 30, 2027.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

14. Contract (Specification No. 23-11556-C): Koios Engineering, Inc. for MRP Trash Capture FY 2023 Project
From: City Manager
Recommendation: Adopt a Resolution: -Approving plans and specifications for the MRP Trash Capture FY 2023 Project, Specification No. 23-11556-C; -Accepting the bid of the lowest, responsive and responsible bidder, Koios Engineering, Inc.; and -Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project, in accordance with the approved plans and specifications in an amount not to exceed $460,350.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

Rev - 6
Consent Calendar
Tuesday, May 14, 2024 REVISED AGENDA Page 7

15. Final Map of Tract 8639: 3000 San Pablo Avenue
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 8639 for a 79-unit condominium project consisting of 78 residential units and 1 commercial unit at 3000 San Pablo Avenue.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

16. Increase Purchase Order No. 22203563 for Nicholas K Corp dba the Ford Store San Leandro
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase FY 2022 purchase order number 22203563 to Nicholas K Corp dba the Ford Store San Leandro by $20,000 for a new not to exceed amount of $155,000 to account for the increased cost of new model year vehicles.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

17. Purchase Order: SWARCO McCain, Inc. for Traffic Signal Controllers From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a multi-year purchase order with SWARCO McCain, Inc, a sole source vendor, for traffic controllers, software, and other related parts in an amount not to exceed $500,000 for the next three fiscal years until June 30, 2026.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

18. Revised Fees for Public Use of City-Owned Electric Vehicle Charging Ports; Amending Berkeley Municipal Code Section 6.24.137
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Section 6.24.137, Designation of and Restrictions for Electric Vehicle Parking Spaces, to: -Establish a schedule of rates for electric vehicle charging stations, and -Authorize the City Manager or her Designee to adjust the rates in accordance with the California Public Utility Commission’s electricity rate increases.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

Rev - 7
Council Consent Items
Tuesday, May 14, 2024 REVISED AGENDA Page 8

19. Support SB 1060
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation: Adopt a Resolution in support of SB 1060 (Becker), which requires insurance companies to consider wildfire risk management in insurance underwriting. Send a copy of the Resolution to Governor Gavin Newsom, State Senators Josh Becker and Nancy Skinner, and Assemblymember Buffy Wicks.

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

20. Support SB 1144 – Shutting Down the Market for Stolen Goods From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation: Adopt a Resolution in support of SB 1144 (Skinner), which will make it more difficult to sell stolen goods on online marketplaces. Send a copy of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, and Assemblymember Buffy Wicks.

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

21. City Council Committee and Regional Body Appointments From: Mayor Jesse Arreguín (Author)
Recommendation: Adopt a Resolution approving appointments to City Council Policy Committees, Partnership Committees and Regional Bodies.

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

Rev - 8
Council Consent Items
Tuesday, May 14, 2024 REVISED AGENDA Page 9

22. Elections Code 9212 Report on Street Paving Initiatives From: Mayor Jesse Arreguín (Author)
Recommendation: Refer to the City Manager to prepare a report on the fiscal, infrastructure, and other impacts of the two circulating citizen initiative street paving measures (“SAFE STREETS” and “Fix the Streets and Sidewalks”). Council requests the report include: Estimated revenue to the City, broken down by the allocations as stated within each measure, in both current year and year of expenditure dollars, based on standard inflation and square footage growth expectations; Estimated impact on pavement conditions index (PCI) from each measure, with modeling prepared by the City’s paving consultant, assuming the City maintains current street repair funding levels. If modeling is not available or not feasible, provide best estimates based on previous scenario modeling; Estimated potential impact on implementation of the Vision Zero Action Plan and related safety plans (Pedestrian Plan, Bicycle Plan, Safe Routes to Schools) from each measure; A summary of the staff time and City activities required in each measure; An estimate of any additional staff costs generated by each measure that is not funded by the measure; Estimated funding levels for the sidewalk repair program from each measure, discuss any alterations to the sidewalk repair program contained in each measure, and discuss any impacts to other City funding as a result; and any other information of interest to the City or the public, as determined by the City Manager. This report is being requested by the Council pursuant to California Elections Code Section 9212.

Financial Implications: Staff time
Contact: Jesse Arreguin, Mayor, (510) 981-7100

23. Budget Referral: BYA Counseling Center and Summer Jam Day Camp From: Councilmember Taplin (Author)
Recommendation: Refer to the Fiscal Year (FY) 25-26 budget process $110,000 for the Berkeley Youth Alternatives (BYA) Counseling Center and Summer Jam Day Camp.

Financial Implications: General Fund - $110,000
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

24. Relinquishment of Council Office Budget Funds to the General Fund and Grant of Such Funds for the Berkeley Symphony’s Spring Benefit From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor), Councilmember Wengraf (Co-Sponsor), Councilmember Humbert (Co-Sponsor) Recommendation: Adopt a resolution approving the expenditure of an amount not to exceed $500 per Councilmember – including $500 from Councilmember Hahn – to the Berkeley Symphony, a 501(c)(3) non-profit organization, to support its upcoming Spring Benefit, with funds relinquished to the City’s general fund for this purpose from the discretionary Council office budgets of Councilmember Sophie Hahn, and from any other Councilmember who would like to contribute.

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

Rev - 9
Council Consent Items
Tuesday, May 14, 2024 REVISED AGENDA Page 10

25. Staff direction and budget referral for Practical Interventions to Clear and Keep Using Parking Spaces (PICKUPS)
From: Councilmember Humbert (Author), Councilmember Taplin (Co-Sponsor), Councilmember Lunaparra (Co-Sponsor), Councilmember Hahn, (Co-Sponsor) Recommendation: Refer to City Manager the potential creation of evening/nighttime 10- and/or 15 minute parking/loading zones along portions of one or both sides of the roadway for the following blocks: -Shattuck Avenue between Berkeley Way and Addison Streets; -Durant Avenue between Dana and Bowditch Streets; -University Avenue between Milvia Street and Shattuck Avenue; -Telegraph Avenue between Blake Street and Bancroft Way; -Other potential areas as may be recommended by staff.

Refer to the FY 2025-2026 budget process the following preliminary allocations for implementation and enforcement: -$50,000 for revised signage and curb striping. - $75,000 for targeted nighttime enforcement operations.

Refer to the City Manager evaluation of the feasibility of increased fines for double parking/obstructing travel lanes and have staff return to Council with a report on maximum and recommended potential fine amounts.

Financial Implications: See report
Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180

Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during one of the Action Calendar public comment periods on the item. Public comment will occur for each Action item (excluding public hearings, appeals, and/or quasi-judicial matters) in one of two comment periods, either 1) before the Action Calendar is discussed; or 2) when the item is taken up by the Council.

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

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

Rev - 10
Action Calendar – New Business
Tuesday, May 14, 2024 REVISED AGENDA Page 11

26. 2024 City Council Referral Prioritization Process Using Re-Weighted Range Voting (RRV)
From: City Manager
Recommendation:

1. Review the completed Re-Weighted Range Voting (RRV) rankings for all outstanding City Council referrals;

2. Approve the removal of referrals that have been marked as rescinded by the sponsoring Councilmember or District; and

3. Adopt a Resolution approving the list of prioritized referrals to city staff.

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

27. Reimagining Public Safety Update
From: City Manager
Recommendation:

Review and discuss the provided status report from the City Manager with the goal of demonstrating transparency and facilitating informed council discussion towards the advancement of the Reimagining Public Safety initiative in Berkeley.

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

28. Increasing Entry Level Homeownership Opportunities: Implementation of AB 1033 to Allow Accessory Dwelling Units (ADUs) To Be Sold Separately From: Councilmember Kesarwani (Author); Councilmember Humbert (Co- Sponsor), Councilmember Taplin (Co-Sponsor)
Recommendation: Refer to City Manager to implement AB 1033, which would allow Accessory Dwelling Units (ADUs) to be sold separately from a primary unit. This referral would necessitate elimination of any mention of sales restrictions as they pertain to ADUs within the Berkeley Municipal Code and adoption of an ordinance allowing ADU sales separate from a primary unit(s).

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

Information Reports

29. Update: HR Response: Audit Directive(s) for Comprehensive Domestic Violence Policy to Support City Employees
From: City Manager
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

30. Audit Follow-up Status Update
From: Auditor
Contact: Jenny Wong, Auditor, (510) 981-6750

Public Comment – Items Not Listed on the Agenda
Rev - 11

Tuesday, May 14, 2024 REVISED AGENDA Page 12
Adjournment

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

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

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

C
ommunications 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.

Rev - 12

Tuesday, May 14, 2024 REVISED AGENDA Page 13
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 May 9, 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 #19: Support SB 1060

1. Barbara Gilbert

2. Kelly Hammargren

Bikers on Tilden Running Path

3. Anne Marie

50/50 Sidewalk Repair

4. Stephen Rosenbaum (2)

Cannabis Sales around Berkeley High School

5. Amanda Hickman

Vehicle Noise Activated Camera Enforcement

6. Alex Merenkov

Peace and Justice Commission

7. Andrea Valverde

8. Elizabeth Sufit

9. Joshua Spivak

10. Leo Mara

11. Beth Jacobson Wilson

12. Patricia Munro

13. 12 similarly-worded form letters

Rev - 13

Tuesday, May 14, 2024 REVISED AGENDA Page 14
Biolab Watch

14. UC Berkeley Planning

Berkeley Landfill

15. James McGrath

Aurora Theater

16. Carol Hirth

17. Virginia Morris

18. Margaret Perchert

19. Toni Casal

20. Josh Costello

Parking Tickets

21. David Lerman
A Safe Place Invitation

22. Carolyn Russell, Executive Director

Zero Waste Strategic Plan

23. Chrise de Tournay Birkhahn

Ohlone Greenway

24. Diana Bohn

District 4 Assistance

25. Luis Orozco

Chess Club

26. Jesse Sheehan

Berkeley Unified School District

27. Aaron Katler

Middle East Conflict

28. David Shere

29. Max Joyce

30. Russell Bates (2)

Rev - 14

Tuesday, May 14, 2024 REVISED AGENDA Page 15
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.

Rev - 15
Rev - 16
Tuesday, May 14, 2024 AGENDA Page 1

AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, May 14, 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:

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.

T
o submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

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.

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Tuesday, May 14, 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.

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Tuesday, May 14, 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.

Recess Items

Financial Implications: See report
Contact: Carianna Arredondo, City Manager's Office, (510) 981-7000; Jennifer Louis, Police, (510) 981-5900

Consent Calendar

Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950

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

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Consent Calendar
Tuesday, May 14, 2024 AGENDA Page 4

Financial Implications: $200,000 (grant)
Contact: David Sprague, Fire, (510) 981-3473

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

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

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Consent Calendar
Tuesday, May 14, 2024 AGENDA Page 5

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

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

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Consent Calendar
Tuesday, May 14, 2024 AGENDA Page 6

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

13. Contract No. 32300080 Amendment: On-Call Civil Engineering Services, CSW Stuber-Stroeh Engineering Group, Inc.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

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Consent Calendar
Tuesday, May 14, 2024 AGENDA Page 7

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

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Council Consent Items
Tuesday, May 14, 2024 AGENDA Page 8

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

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Council Consent Items
Tuesday, May 14, 2024 AGENDA Page 9

Financial Implications: Staff time
Contact: Jesse Arreguin, Mayor, (510) 981-7100

Financial Implications: General Fund - $110,000
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

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

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Council Consent Items
Tuesday, May 14, 2024 AGENDA Page 10

Financial Implications: See report
Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180

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.

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Action Calendar – New Business
Tuesday, May 14, 2024 AGENDA Page 11