Annotated agenda, first session — Berkeley City Council, May 21, 2024

Tuesday, May 21, 2024 ANNOTATED AGENDA Page 1

ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, May 21, 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 – 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.

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Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this UR L:
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info.zoomgov.com/j/1604289924. 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 160 428 9924. 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]
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This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect. Any member of the public may attend this meeting. Questions regarding 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 21, 2024 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 6:48 p.m.

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

Absent: Taplin
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 me eting 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 by Employee Unions: 3 speakers (SEIU 1021 CSU/PTRLA, Local 1, BFFA 1227)
Public Comment on Non-Agenda Matters: 10 speakers.

Consent Calendar
Action: M/S/C (Arreguin/Wengraf) to add an urgent item from Mayor Arreguin to the Consent Calendar to grant an excused absence for Councilmember Taplin.

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

Action: M/S/C (Bartlett/Hahn) to add an urgent item from Councilmember Bartlett to the Consent Calendar regarding graduation sashes.

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

Action: M/S/C (Hahn/Lunaparra) to add an urgent item from Councilmember Hahn to the Consent Calendar regarding Berkeley Faith & Justice Coalition.

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

Consent Calendar
Tuesday, May 21, 2024 ANNOTATED AGENDA Page 3
Public Comment on Consent Calendar and Information Items Only: 15 speakers.

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

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

Urgent Item: Excused Absence for Councilmember Terry Taplin Recommendation: Excuse Councilmember Terry Taplin from the May 21, 2024 Council meeting as a result illness.

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

Urgent Item: Berkeley Public Schools Fund: Funding for Graduation Sashes for Berkeley International High School (BIHS) and the African American Studies Department Graduation Ceremonies - Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Bartlett
Recommendation: Adopt a Resolution approving the expenditure of funds, including $1,000 from the discretionary Council Office Budget of Councilmember Ben Bartlett, to the Berkeley Public Schools Fund to procure “Graduation Sashes” for BIHS and the African American Studies Department Graduation Ceremonies. 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 Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Adopted Resolution No. 71,341–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Hahn - $250; Councilmember Lunaparra - $200; Vice-Mayor Wengraf - $250.

Urgent Item: Budget Referral for the Berkeley Faith & Justice Coalition – Grassroots Leader Support Project
From: Councilmember Hahn
Recommendation: Refer to the FY 2025-2026 Budget Process up to $25,000 per FY (total of $50,000) to fund Phases 1 and 2 of the Berkeley Faith and Justice Coalition’s Grassroots Leader Support Project to establish ongoing support for grassroots leaders providing critical mentorship, development and support opportunities for African American and other potentially at-risk youth and young adults.

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

Consent Calendar
Tuesday, May 21, 2024 ANNOTATED AGENDA Page 4

1. Amending Berkeley Municipal Code Section 4.04.120(A) to rename the Legislative Assistant classification as Legislative Aide From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,904-N.S. amending Berkeley Municipal Code Section 4.04.120(A) to rename the Legislative Assistant classification as Legislative Aide.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted second reading of Ordinance No. 7,904–N.S.

2. Adding Chapter 13.22 to the Berkeley Municipal Code to prohibit discrimination on the basis of family or relationship structure From: Councilmember Taplin (Author), Councilmember Cecilia Lunaparra (Co- Sponsor)
Recommendation: Adopt second reading of Ordinance No. 7,905-N.S. adding Chapter 13.22 to the Berkeley Municipal Code to prohibit discrimination on the basis of family or relationship structure.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Vice-Mayor Wengraf and Councilmember Humbert noted as original co- sponsors on the item. Adopted second reading of Ordinance No. 7,905–N.S.

3. Notice of Appropriations Limit for Fiscal Year 2025
From: City Manager
Recommendation: Adopt a Resolution providing notice that: 1) Council will adopt an appropriations limit for Fiscal Year 2025 at its meeting of June 25, 2024; and 2) the amount of the limit and the background material used in its calculation will be available for public review in the City Clerk’s Office on or before June 10, 2024.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 71,342–N.S.

4. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on May 21, 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 - $325,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

Consent Calendar
Tuesday, May 21, 2024 ANNOTATED AGENDA Page 5

5. Contract: Social Policy Research Associates for YouthWorks Program Assessment
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments or extensions with Social Policy Research Associates for consulting services to conduct a comprehensive youth development needs assessment in an amount not to exceed $250,000 for the period June 1, 2024 through June 30, 2025.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,343–N.S.

6. Contract No: 32300104 Amendment: The Village of Love for Telegraph Neighborhood Sacred Rest Drop-In Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee, to execute an amendment to Contract No. 32300104 with The Village of Love to add $250,000, for a total contract amount not to exceed $750,000, for services and operations at the Telegraph Neighborhood Sacred Rest Drop-In Center, and extend the contract term through May 31, 2025.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,344–N.S.

7. Contract No. 6252 Amendment: Extending the Term and Assigning the Lease for Ocean View Gardens at 819 Hearst Avenue
From: City Manager
Recommendation: Adopt an Urgency Ordinance authorizing the City Manager to execute a second amendment to Contract No. 6252 for the real property located at 819 Hearst Avenue (alternative address at 813 Delaware Street), Berkeley, for the purposes of assigning the ground lease from the current owner, Ocean View LLC, to Orbach Affordable Housing Solutions (OAHS) Ocean View LP, and extending the ground lease term to June 30, 2089.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Urgency Ordinance No. 7,910–N.S.

Consent Calendar
Tuesday, May 21, 2024 ANNOTATED AGENDA Page 6

8. Grant Application: The Surrendered and Abandoned Vessel Exchange (SAVE) grant program of the California Division of Boating & Waterways From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to 1) apply for and accept a grant in the amount of $76,000 from the California Division of Boating & Waterways (“DBW”) Surrendered and Abandoned Vessel Exchange (SAVE) grant program for the removal and disposal of anticipated abandoned vessels located at the Berkeley Marina; 2) execute any amendments; and 3) authorize a local match contribution of $7,600, subject to securing the grant.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,345–N.S.

9. Leave of Absence Requests: Environment & Climate Youth Commissioners From: City Manager
Recommendation: Approve Leaves of Absence for Environment & Climate Youth Commissioners Mabel Athanasiou and Shanza Syed for the Commission meeting dates June 26, 2024 and July 24, 2024.

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

10. Contract: Online Solutions, LLC (DBA Citizenserve) for Housing Inspection and Code Enforcement Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Online Solutions, LLC (DBA Citizenserve) for software licensing, implementation, maintenance and related services for housing inspection and code enforcement software, for an amount not to exceed $622,215, from June 17, 2024 through June 16, 2029.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 71,346–N.S.

11. Contract: Raimi + Associates for Professional Planning Services for the North Shattuck, College and Solano Avenue Corridors Zoning Update From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Raimi + Associates to perform professional planning services for the North Shattuck, College, and Solano Avenues Corridors Zoning Update, in an amount not to exceed $600,000, for the period of June 6, 2024 to Dec 31, 2026.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 71,347–N.S.

Consent Calendar
Tuesday, May 21, 2024 ANNOTATED AGENDA Page 7

12. Contract No. 32300103 Amendment: Bay Area PL Services of On-call Phlebotomy and Sexual Assault Exams
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32300103 and any necessary future amendments with Bay Area PL Services for the Berkeley Police Department, increasing the contract amount by $150,000 for a total not to exceed amount of $200,000 with the contract end date extended to December 31, 2028.

Financial Implications: State Citizens Option for Public Safety Fund - $150,000 Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,348–N.S.

13. Declaration of Intent – Fiscal Year 2025 Street Lighting Assessments From: City Manager
Recommendation: Adopt two Resolutions granting the City Manager the authority to: Approve the Engineer's Reports; Set a public hearing to be held before the Council of the City of Berkeley at its June 25, 2024, meeting; and Authorize the City Clerk to publish a Notice of the Public Hearing for Fiscal Year 2025 Levy of Assessments for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District 2018.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,349–N.S. (District No. 1982-1), and Resolution No. 71,350–N.S. (District 2018).

Council Consent Items

14. Develop a pilot program for 5-10 Seriously Mentally Ill (SMI) persons who have required frequent interventions
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Direct the City Manager to develop a pilot program for 5-10 Seriously Mentally Ill (SMI) persons who have required frequent interventions; aim is to improve their well-being and prevent or dramatically reduce calls for service; the pilot would implement a “friendship or care team” for each as described below to build trust, support, address loneliness; teams would be staffed with existing contracted outreach providers; teams would keep a brief daily log of their experience and calls for service would be tracked; pilot to be evaluated and report back to Council quarterly to determine efficacy.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Councilmember Humbert added as a co-sponsor. Approved recommendation.

Council Consent Items

Tuesday, May 21, 2024 ANNOTATED AGENDA Page 8

15. Amendment to Commissioner Leave of Absence Process
From: Mayor Arreguin (Author)
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 3.02 to allow the Mayor to approve a Leave of Absence for a Commissioner appointed by the Council as a whole.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopt first reading of Ordinance No. 7,911–N.S. Second reading scheduled for June 4, 2024.

16. Budget Referral: Restarting 4th of July Celebration From: Mayor Arreguin (Author)
Recommendation: Refer up to $630,000 to the Fiscal Year 2025-2026 Budget Process to be reserved in the City’s General Fund to be used to restart 4th of July Celebrations in 2025.

Financial Implications: General Fund - $630,000
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Councilmember Hahn added as a co-sponsor. Approved recommendation.

17. Relinquishment of Council Office Budget Funds to the Berkeley Rotary Endowment and Co-Sponsorship of 2024 Taste of Downtown Berkeley Event From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation: Adopt two resolutions to authorize the co-sponsorship and expenditure of $500 from Mayor Arreguin’s discretionary office budget to the Berkeley Rotary Endowment to support the second annual Taste of Downtown Berkeley event.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 71,351–N.S. (Co-Sponsorship), and Resolution No. 71,352–N.S. (Relinquishment of Funds) revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Humbert - $200; Councilmember Lunaparra - $100; Vice-Mayor Wengraf - $250; Councilmember – Hahn - $250; Councilmember Bartlett - $250.

18. Budget Referral: Berkeley Youth Alternatives Part-Time Garden Assistant From: Mayor Arreguin (Author)
Recommendation: Refer $31,250 to the Fiscal Year 2025-2026 Budget process for Berkeley Youth Alternatives to hire a part-time Garden Assistant.

Financial Implications: General Fund - $31,250
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Approved recommendation.

Council Consent Items

Tuesday, May 21, 2024 ANNOTATED AGENDA Page 9

19. Berkeley Juneteenth Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Bartlett (Author)
Recommendation: Adopt a Resolution approving the expenditure of funds, including $500 from Councilmember Bartlett for pre-planning of the Berkeley Juneteenth Festival (organized by Berkeley Juneteenth Association, Inc. 501(c)3), with funds relinquished to the City’s General Fund for this purpose from the discretionary council office budget of Councilmember Bartlett and any other Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Councilmember Hahn added as a co-sponsor. Adopted Resolution No. 71,353–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Hahn - $500; Councilmember Humbert - $200; Councilmember Lunaparra - $200; Vice-Mayor Wengraf - $200; Councilmember Kesarwani - $100; Mayor Arreguin - $500.

20. Speed Bump Installation on Russell St at King Street (South Berkeley) From: Councilmember Bartlett (Author)
Recommendation: Refer to the City Manager to analyze the potential for the installation of a speed bump on Russell St. at King St. (South Berkeley), to improve the public space to increase safety for pedestrians, cyclists, and people living with disabilities, while also meeting the needs of public transit and emergency vehicles.

The analysis should prioritize speed bump installation that reduces injuries and accidents in the street and creates many benefits for our community. It should also consider other items listed by members of the community.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Mayor Arreguin and Councilmember Humbert added as co-sponsors.

Approved recommendation.

Action Calendar – Public Hearings

21. Fiscal Years 2025 and 2026 Proposed Budget and Proposed Budget Public Hearing #1
From: City Manager
Recommendation: Accept the Fiscal Years 2025 and 2026 Proposed Biennial Budget for review and consideration by the City Council and final adoption on June 25, 2024 and conduct Public Hearing #1 on the Fiscal Years 2025 and 2026 Proposed Budget.

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

Public Testimony: The Mayor opened the public hearing. 30 speakers.

Action: Presentation made and discussion held.

Action Calendar – Public Hearings
Tuesday, May 21, 2024 ANNOTATED AGENDA Page 10

22. Rescinding and Adopting the Environmental Health Division Fee Schedule From: City Manager
Recommendation: Conduct a Public Hearing and, upon conclusion, adopt a Resolution rescinding Resolution 69,891-N.S. which established the current Environmental Health fee schedule and adopting a new fee schedule. The new fee schedule keeps all existing fees at the same level and adds four (4) new fees as follows: 1) Compact Mobile Food Operations (CMFO); 2) Short-term / Guest Vendor Operations; 3) Host Facility Operations; 4) Temporary Food Facility (e.g., food booth) Late Applications. These recommended updates to the Environmental Health fee schedule reflect recent changes in State law, allowing the City to come into regulatory compliance with State law and offer more economic opportunities for smaller independent businesses. The new fees will be effective July 1, 2024 until subsequently modified.

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

Public Testimony: The Mayor opened the public hearing. 1 speaker.

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