Tuesday, May 14, 2024 ANNOTATED AGENDA Page 1
ANNOTATED AGENDA
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. T o 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.
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.
Tuesday, May 14, 2024 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 6:42 p.m.
Present: Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Lunaparra, Humbert, Arreguin
Absent: None
Report from Closed Session
The Council convened in closed session on May 13, 2024 and approved the following legal settlements: 1) In the matter of Derrick Brown v. City of Berkeley, Alameda County Superior Court Case No. 22CV012371, in the amount of $50,000 in exchange for a release of all claims against the City; and 2) In the matter of Charles Delfin v. City of Berkeley, Alameda County Superior Court Case No. 23CV049225, in the amount of $27,500 in exchange for a release of all claims against the City.
The Council also approved the acceptance of a Government Claim of CSAA Insurance Exchange as Subrogee of Jane Hysen in the amount of $17,843.58.
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 Public Works Week and Berkeley’s Public Works Department
2. Recognition of Affordable Housing Month
City Auditor Comments:
The City Auditor provided an update on the status of audit recommendations for several active audits.
City Manager Comments: None
Public Comment on Non-Agenda Matters: 8 speakers.
Tuesday, May 14, 2024 ANNOTATED AGENDA Page 3
Action: M/S/C (Taplin/Humbert) to accept an urgency item from Councilmember Hahn pursuant to Government Code Section 54954.2(b)(2) entitled Budget Referral and Technical Support for the Aurora Theatre Company.
Vote: All Ayes.
Action: M/S/C (Lunaparra/Bartlett) to accept supplemental material from Councilmember Lunaparra on Item 26 regarding Council Referral Prioritization.
Vote: All Ayes.
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 10 speakers.
Action: M/S/C (Humbert/Lunaparra) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
Urgent Item: Budget Referral and Technical Support for the Aurora Theatre Company
From: Councilmember Hahn (Author)
Recommendation: Direct the City Manager to work actively and urgently with the Aurora Theatre Company to offer support during a time of financial crisis, with all technical and financial assistance and any and all other resources at the City’s disposal.
Further request the City Manager connect Aurora Theatre with any potential outside resources and funding.
Refer to the Fiscal Year 2025-2026 Budget Process a one-time emergency grant of up to $150,000 to the Aurora Theatre Company, pending information from staff about the availability of existing and other resources to support the organization.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Councilmember Humbert added as a co-sponsor. Approved recommendation.
Recess Items
Tuesday, May 14, 2024 ANNOTATED AGENDA Page 4
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
Action: Adopted Resolution No. 71,321–N.S.
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
Action: Adopt first reading of Ordinance No. 7,907–N.S. Second reading scheduled for June 4, 2024.
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 Action: Adopt first reading of Ordinance No. 7,908–N.S. as revised in Supplemental Communications Packet #2 by the City Manager. Second reading scheduled for June 4, 2024.
Consent Calendar
Tuesday, May 14, 2024 ANNOTATED AGENDA Page 5
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
Action: Adopted Resolution No. 71,322–N.S.
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 Action: Adopted Resolution No. 71,323–N.S.
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 Action: Adopted Resolution No. 71,324–N.S.
Consent Calendar
Tuesday, May 14, 2024 ANNOTATED AGENDA Page 6
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 Action: Adopted Resolution No. 71,325–N.S.
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 Action: Adopted Resolution No. 71,326–N.S.
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
Action: Adopted Resolution No. 71,327–N.S.
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
Action: Adopted Resolution No. 71,328–N.S.
Consent Calendar
Tuesday, May 14, 2024 ANNOTATED AGENDA Page 7
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
Action: Adopted Resolution No. 71,329–N.S.
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
Action: Adopted Resolution No. 71,330–N.S.
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
Action: Adopted Resolution No. 71,331–N.S.
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
Action: Adopted Resolution No. 71,332–N.S.
Consent Calendar
Tuesday, May 14, 2024 ANNOTATED AGENDA Page 8
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
Action: Adopted Resolution No. 71,333–N.S.
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
Action: Adopted Resolution No. 71,334–N.S.
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
Action: Adopted Resolution No. 71,335–N.S.
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
Action: Adopt first reading of Ordinance No. 7,909–N.S. Second reading scheduled for June 4, 2024.
Council Consent Items
Tuesday, May 14, 2024 ANNOTATED AGENDA Page 9
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
Action: Adopted Resolution No. 71,336–N.S.
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
Action: Councilmember Humbert added as a co-sponsor. Adopted Resolution No. 71,337–N.S.
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
Action: Adopted Resolution No. 71,338–N.S.
Council Consent Items
Tuesday, May 14, 2024 ANNOTATED AGENDA Page 10
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
Action: Approved recommendation.
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 Action: Councilmembers Bartlett and Lunaparra added as co-sponsors. Approved recommendation as revised in Supplemental Communications Packet #2 by Councilmember Taplin to remove BYA (BYA was previously referred to the budget process).
Council Consent Items
Tuesday, May 14, 2024 ANNOTATED AGENDA Page 11
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 Action: Adopted Resolution No. 71,339–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Vice-Mayor Wengraf - $500; Councilmember Bartlett - $250; Councilmember Taplin - $500; Councilmember Kesarwani - $100; Councilmember Humbert - $250; Councilmember Lunaparra - $200.
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: Approved recommendation amended to change “10- and/or 15 minute” to “20 minute.”
Action Calendar – New Business
Tuesday, May 14, 2024 ANNOTATED AGENDA Page 12
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
Action: 3 speakers. M/S/C (Kesarwani/Hahn) to:
1. Remove Referral #55 from the list.
2. Combine Items 50 (Plant-Based Food) and 57 (Good food Purchasing) and remove them from the list since there are programs already underway.
3. Combine Items 16 and 17 regarding housing for artists and add to the recommendation to refer consideration of any and all potential programs and services on this topic to the City Manager.
3. Refer to the City Manager to conduct an RRV process in early 2025 in time for the mid-cycle budget.
4. Adopt Resolution No. 71,340–N.S. approving the list of prioritized referrals to city staff.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Humbert, Arreguin; Noes – Lunaparra.
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 Action: 5 speakers. Presentation made and discussion held.
Council Action Items
Tuesday, May 14, 2024 ANNOTATED AGENDA Page 13
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 Action: Moved to Consent Calendar. Councilmember Lunaparra added as a co- sponsor. Approved recommendation.
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 Action: Received and filed.
30. Audit Follow-up Status Update
From: Auditor
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Received and filed.
Public Comment – Items Not Listed on the Agenda - 2 speakers.
Adjournment
Action: M/S/C (Wengraf/Taplin) to adjourn the meeting.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Lunaparra, Humbert; Noes – None; Abstain – None; Absent – Arreguin.
Adjourned at 10:21 p.m.
Communications
Item #19: Support SB 1060
1. Barbara Gilbert
2. Kelly Hammargren
Bikers on Tilden Running Path
3. Anne Marie
Tuesday, May 14, 2024 ANNOTATED AGENDA Page 14
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
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
Tuesday, May 14, 2024 ANNOTATED AGENDA Page 15
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)
Supplemental Communications and Reports 1
• None
Supplemental Communications and Reports 2
Item #3: Amendment: FY 2024 Annual Appropriations Ordinance
31. Revised material, submitted by the City Manager’s Office.
Item #8: Contract: COWI North America, Inc. for engineering and design of the Berkeley Water Transportation Pier Ferry Project
32. James McGrath
Item #22: Elections Code 9212 Report on Street Paving Initiatives
33. James McGrath
Item #23: Budget Referral: BYA Counseling Center and Summer Jam
34. Revised material, submitted by Councilmember Taplin Item #27: Reimagining Public Safety Update
35. Wendy Alfsen
Item #28: Increasing Entry Level Homeownership Opportunities: Implemental of AB 1033 to Allow Accessory Dwelling Units (ADU’s) To Be Sold Separately
36. Amanda Le
37. Jordan Burns
38. Pablo Diaz-Gutierrez
39. David Mendelsohn
40. Alfred Twu
Supplemental Communications and Reports 3
Item #22: Elections Code 9212 Report on Street Paving Initiatives
41. Peggy Mulligan
Item #26: 2024 City Council Referral Prioritization Process Using Re-Weighted Range Voting (RRV)
42. Supplemental material, submitted by Councilmember Lunaparra
43. Presentation, submitted by the Clerk’s Office
Tuesday, May 14, 2024 ANNOTATED AGENDA Page 16
Item #27: Reimagining Public Safety Update
44. Presentation, submitted by the City Manager’s Office
Item #28: Increasing Entry Level Homeownership Opportunities: Implemental of AB 1033 to Allow Accessory Dwelling Units (ADU’s) To Be Sold Separately
45. Sarah Bell
46. Lee Bishop
47. Jonathan Singh
48. Shauna Rabinowitz
49. Jack Kurzweil
50. Claudia Kawczynska
51. Teresa Clarke
52. Cameron Woo
Urgent Item: Budget Referral and Technical Support for the Aurora Theatre Company
53. Urgent item, submitted by Councilmember Hahn
Miscellaneous Communications
54. Realign Draft Plan
55. Mystery Murder In Berkeley – Mr. Eid