Agenda packet, first session — Berkeley City Council, June 25, 2024 (part 1 of 10)

Tuesday, June 25, 2024 REVISED AGENDA Page 1

REVISED AGENDA
( R E M O V E D T E L E C O N F E R E N C E L O C A T I O N)

BERKELEY CITY COUNCIL MEETING
Tuesday, June 25, 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.

Live captioned broadcasts of Council Meetings are available on Cable B -TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this UR L: https://cityofberkeley- info.zoomgov.com/j/1602106200. 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:
160 210 6200. 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.

Rev - 1

Tuesday, June 25, 2024 REVISED AGENDA Page 2
Preliminary Matters
Roll Call:

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

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

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

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

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

Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.

Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

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

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Tuesday, June 25, 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.

Consent Calendar

1. FY 2025 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,912–N.S. setting the FY 2025 tax rate for funding the debt service on the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) at 0.0048%.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

2. FY 2025 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M, November 2012 Election) From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,913–N.S. setting the FY 2025 tax rate funding the debt service on the Street and Integrated Watershed Improvements General Obligation Bonds (Measure M, November 2012) at 0.0064%.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

3. FY 2025 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,914–N.S. setting the FY 2025 tax rate funding the debt service on the 2015 consolidation of Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0111%.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Rev - 3

Consent Calendar
Tuesday, June 25, 2024 REVISED AGENDA Page 4

4. FY 2025 Tax Rate: Fund the Debt Service on the Infrastructure and Facilities General Obligation Bonds (Measure T1, November 2016 Election) From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,915–N.S. setting the FY 2025 tax rate funding the debt service on the Infrastructure and Facilities Improvements General Obligation Bonds (Measure T1, November 2016) at 0.0136%.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

5. FY 2025 Tax Rate: Fund the Debt Service on the Affordable Housing General Obligation Bonds (Measure O, November 2018 Election)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,916–N.S setting the FY 2025 tax rate funding the debt service on the Affordable Housing General Obligation Bonds (Measure O, November 2018) at 0.0250%.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

6. FY 2025 Tax Rate: Business License Tax on Large Non-Profits From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,917–N.S. setting the FY 2025 tax rate for Business License Tax on large non-profits at $0.8207 (82.07 cents) per square foot of improvements.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

7. FY 2025 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping From: City Manager
Recommendation: Adopt second reading Ordinance No. 7,918–N.S setting the FY 2025 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.2210 (22.10 cents) per square foot of improvements.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Rev - 4

Consent Calendar
Tuesday, June 25, 2024 REVISED AGENDA Page 5

8. FY 2025 Tax Rate: Fund the Provision of Emergency Medical Services (Paramedic Tax)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,919–N.S. setting the FY 2025 tax rate for funding the provision of emergency medical services to Berkeley residents at $0.0468 (4.68 cents) per square foot of improvements.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

9. FY 2025 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,920–N.S. setting the FY 2025 tax rate for funding the provision of emergency services for the disabled at $0.02094 (2.094 cents) per square foot of improvements.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

10. FY 2025 Tax Rate: Fund Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,921–N.S. setting the FY 2025 tax rate for funding Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF) in the City of Berkeley at the annual tax rate of $0.1220 (12.20 cents) per square foot of improvements.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

11. Amendments to Berkeley’s Municipal Code Chapter 2.24 to Establish Whistleblower Program Authority
From: Auditor
Recommendation: Adopt second reading of ordinance No. 7,922–N.S amending City Auditor’s Office (BMC Chapter 2.24) authority and scope of work to formally establishing the City Auditor’s authority to receive and refer reports of fraud, waste, or abuse as well as investigate those reports and any reports of retaliation against whistleblowers.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750
Rev - 5

Consent Calendar
Tuesday, June 25, 2024 REVISED AGENDA Page 6

12. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of April 26, 2024 (closed), May 6, 2024 (closed), May 7, 2024 (special) (4 p.m. & 4:15 p.m.), May 7, 2024 (regular), May 10, 2024 (closed), May 13, 2024 (closed), May 14, 2024 (special), May 14, 2024 (regular), May 21, 2024 (closed), May 21, 2024 (special), May 21, 2024 (regular), May 24, 2024 (special)
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900

13. Contract: Live Free for Gun Violence Intervention and Prevention Program:

Custom Notification and Street Outreach Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Live Free USA (Contractor) to design, implement, and assess the Custom Notification and Street Outreach Services component of the City of Berkeley’s Gun Violence Intervention and Prevention Program for a two-year pilot, in an amount not to exceed $2,000,000 ($1,000,000 per fiscal year).

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

14. FY 2025 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2025 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley at the rate of $0.0629 (6.29 cents) per square foot of improvements for dwelling units and setting the rate for all other property at $0.09519 (9.519 cents) per square foot of improvements.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300; David Sprague, Fire, (510) 981- 3473

15. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 25, 2024
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Rev - 6

Consent Calendar
Tuesday, June 25, 2024 REVISED AGENDA Page 7

16. Appropriations Limit for FY 2025
From: City Manager
Recommendation: Adopt a Resolution establishing the appropriations limit at $353,538,057 for FY 2025 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

17. FY 2025 Reaffirming the Investment Policy and Designation of Investment Authority
From: City Manager
Recommendation: Adopt a Resolution reaffirming the Investment Policy (no revisions are recommended) and to confirm the delegation of investment authority to the Director of Finance to make investments for FY 2025.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

18. Agreement: City of El Cerrito Fire and Emergency Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a memorandum of understanding with the City of El Cerrito to provide year-round automatic aid in each jurisdiction for fire, technical rescue, emergency medical, and other emergency response, rescinding Resolutions No. 68,820-N.S and 66,821-N.S. and maintaining the existing mutual response area agreement until the year-round fire and emergency services agreement is ratified.

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

19. Contract: Vector Solutions for Fire Records Management Software From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a piggyback contract and any amendments with Vector Solutions using the National Purchasing Partners (NPP) contract No. PS21095 in an amount not to exceed $200,000 for Fire Department Records Management from July 1, 2024 through March 24, 2027 with one (1), three (3) year option to extend.

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

20. Purchase Order: Wildfire Defense Mesh
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a Purchase Order with Wildfire Defense Mesh from June 1, 2024 until May 31, 2027 in an amount not to exceed $400,000 with an option to extend for an additional three (3) years.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Rev - 7

Consent Calendar
Tuesday, June 25, 2024 REVISED AGENDA Page 8

21. Prioritizing City-Owned Land for Affordable Housing and Noticing of Potential Disposition of City-Owned Land
From: City Manager
Recommendation: Adopt a Resolution affirming the City’s commitment to prioritize City-owned land for affordable housing and publicly notice the potential disposition of City-owned land consistent with the Surplus Lands Act.

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

22. Approving the Revised Operating Budget for Golden Bear Homes From: City Manager
Recommendation: Adopt a Resolution approving the revised operating budget for Golden Bear Homes (1620 San Pablo Avenue), with the understanding that the increased cost of operating the Homekey project may necessitate a future reservation of approximately $550,000 in City funds, if other operating sources are not identified for the project.

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

23. Additional Development Funding Reservation for 1740 San Pablo Avenue From: City Manager
Recommendation: Adopt a Resolution:

1. Reserving an additional $4,496,669 in Housing Trust Fund (HTF) program funds for the development loan agreement for BRIDGE Housing Corporation’s (BRIDGE) affordable housing project located at 1740 San Pablo Avenue.

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

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

24. Revenue Grant Agreement: Funding Support from the State of California to Conduct Public Health Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit grant agreements to the State of California, to accept grant funding, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the Maternal, Child and Adolescent Health (MCAH) Program in the projected amount of $375,000 for FY 2025.

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

Rev - 8

Consent Calendar
Tuesday, June 25, 2024 REVISED AGENDA Page 9

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

1. Berkeley High School and Berkeley Technology Academy Health Center Programs in the projected amount of $183,918 for Fiscal Year 2025.

2. School Linked Health Services Program (Measure A Funding) in the projected amount of $200,011 for Fiscal Year 2025.

3. Tobacco Prevention Program in the projected amount of $81,329 for Fiscal Year 2025.

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

26. Memorandum of Understanding: SEIU Local 1021 Maintenance & Clerical Chapters
From: City Manager
Recommendation: Adopt a Resolution 1) approving a successor Memorandum of Understanding (hereafter referred to as “MOU”) with the Service Employees International Union Local 1021 Maintenance and Clerical Chapters (hereafter referred to as the “Union”) for a three-year term from June 27, 2024 to July 26, 2027 and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new MOU and to make non-substantive edits to the format and language of the MOU in alignment with the tentative agreement, and conforming to legal requirements; and 2) approving a new Classification and Salary table for SEIU Local 1021 Maintenance and Clerical Chapter classifications that implement the salary adjustments reflected in the new MOU and supersede prior salary resolutions.

The terms of the proposed 2024-2027 MOU are within the parameters of authority approved by Council in closed session.

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

Rev - 9

Consent Calendar
Tuesday, June 25, 2024 REVISED AGENDA Page 10

27. Unrepresented Employee Group Salaries, Longevity Differential, and Vision Insurance
From: City Manager
Recommendation: Adopt a Resolution approving salary adjustments, modification of the longevity differential, and the addition of vision insurance coverage for specified units of employees in the Unrepresented Employee Group and authorizing the City Manager to make edits to the Unrepresented Employee Manual in alignment with the Resolution, and to execute and implement the terms and conditions of employment set forth in the new Unrepresented Employee Manual.

The terms of the proposed 2024-2027 changes are within the parameters of authority approved by Council in closed session
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

28. Memorandum of Understanding: Berkeley EMS Professionals From: City Manager
Recommendation: Adopt a Resolution 1) approving a new Memorandum of Understanding (MOU) with the Berkeley EMS Professionals (IAFF Local 1227) for a three-year term from July 1, 2023 through June 30, 2026 and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new MOU; and 2) approving a new Classification and Salary table for EMS Professionals classifications that implements the salary adjustments reflected in the new MOU.

The terms of the proposed 2023-2026 MOU are consistent with those of the Berkeley Fire Fighters Association (BFFA) and within the parameters of authority approved by Council in closed session.

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

29. New Contract: Accela, Inc Software Upgrade and Maintenance From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a new Contract with Accela, Inc., for software upgrade and maintenance to their modern platform for a total not to exceed $1,324,193 from July 1, 2024 to June 30, 2027
Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

Rev - 10

Consent Calendar
Tuesday, June 25, 2024 REVISED AGENDA Page 11

30. AHEAD, Inc: Using the California Department of General Services’ (DGS) Software Licensing Program (SLP) for Software License Purchases From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase spending authority with AHEAD, Inc. (“AHEAD”) for the purchase of Varonis subscription software licenses, utilizing pricing and contracts, amendments, and extensions from the California Department of General Services (DGS) Software Licensing Program (SLP) increasing the amount by $550,890 for a total amount not- to-exceed $973,804.51 and the period beginning January 31, 2023 through September 28, 2025.

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

31. FY 2025 Special Tax Rate: Fund the Provision of Library Services From: City Manager
Recommendation: Adopt the Resolution to recommend that the Berkeley City Council set the FY 2025 tax rate for funding the provision of Library Services in the City of Berkeley at $0.2800 (28.00 cents) per square foot for dwelling units and $0.4233 (42.33 cents) per square foot for industrial, commercial, and institutional buildings.

Financial Implications: See report
Contact: Tess Mayer, Library, (510) 981-6100; Henry Oyekanmi, Finance, (510) 981- 7300

32. Grant Application: California Fire Foundation-Camps Wildfire Response Equipment
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a California Fire Foundation grant application in the amount up to $25,000; to accept the grant; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

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

33. Audit Recommendation Status - Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities (Reviewed by the Budget & Finance Committee)
From: City Manager
Recommendation: Policy Committee Recommendation: No final action taken. Item is automatically returning to the Council agenda pursuant to the time limit for items referred to policy committees.

Financial Implications: see report
Contact: Jennifer Louis, Police, (510) 981-5900

Rev - 11

Consent Calendar
Tuesday, June 25, 2024 REVISED AGENDA Page 12

34. Approving Proposed Projects Anticipated to be paid for by the State’s Road Maintenance and Rehabilitation Account Funds for FY 2024-25 From: City Manager
Recommendation: Adopt a Resolution approving a proposed list of projects that will utilize funding from the State of California’s Road Maintenance and Rehabilitation Account, and authorize the City Manager to submit the proposed list to the California Transportation Commission.

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

35. Purchase Order: WEX Fuel Card Program for Fueling of City Vehicles From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Sections 67.2 allowing the City to participate in Sourcewell contract bid procedures, and authorizing the City Manager to execute a multi-year purchase order for the WEX Fuel Card Program for fueling City vehicles in an amount not to exceed $1,500,000 through June 30th, 2029.

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

36. Contract: Bay Construction Co. for the Second Street STAIR Center Site Improvements and Shelter Units Project
From: City Manager
Recommendation: Adopt a Resolution:

1. Approving plans and specifications for Second Street STAIR Center Site Improvements and Shelter Units Project, Specification No. 23-11603-C;

2. Accepting the bid of Bay Construction Co. as the lowest responsive and responsible bidder; and

3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, for an amount not to exceed $1,069,200, which includes a contingency of $97,200.

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

37. Accepting Grant Funds from the U.S. Environmental Protection Agency for West Berkeley Aquatic Park Stormwater Improvement Project From: City Manager
Recommendation: Adopt a Resolution: Authorizing the City Manager to execute a $1.5M grant agreement with the U.S. Environmental Protection Agency (EPA) to plan, design, and construct a bioretention garden for the Channing Way Micro- Watershed and the installation of two Hydrodynamic separators on the Bancroft Street culvert and Channing Way.

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

Rev - 12

Consent Calendar
Tuesday, June 25, 2024 REVISED AGENDA Page 13

38. Grant Acceptance: Alameda CTC CIP 2024 Adeline Corridor Transportation Improvements
From: City Manager
Recommendation: Adopt a Resolution accepting funds from the Alameda County Transportation Commission (CTC) for the Adeline Street Transportation Improvements Project.

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

39. Contract: B Brothers Construction, Inc. for the West Berkeley Service Center Improvements Project
From: City Manager
Recommendation: Adopt a Resolution:

1. Approving plans and specifications for West Berkeley Service Center Improvements Project, Specification No. 21-11604-C;

2. Accepting the bid of B Brothers Construction, Inc. as the lowest responsive and responsible bidder; and

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

40. Contract: Edgeworth Integration, LLC for Installation of Security Cameras at Council-Approved Intersections; and Authorizing Additional External Fixed Video Surveillance Cameras (Continued from June 14, 2024) From: City Manager
Recommendation:

1. Adopt a Resolution authorizing the City Manager to execute a contract with Edgeworth Integration, LLC for purchase and installation of External Fixed Video Surveillance Cameras at fifteen council-approved locations, for an amount not to exceed $850,000.

2. Adopt a Resolution authorizing the installation of additional External Fixed Video Surveillance Cameras under this contract scope should they be approved by City Council, included in the Surveillance Policy and funding appropriated.

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

41. Adopt a Resolution Supporting the Bay Area Housing Finance Authority’s 2024 Regional Affordable Housing Bond
From: Housing Advisory Commission
Recommendation: Adopt a Resolution supporting the Bay Area Housing Finance Authority’s (BAHFA’s) 2024 Regional Affordable Housing Bond.

Financial Implications: See report
Contact: Anna Cash, Commission Secretary, HHCS, (510) 981-5403 Rev - 13

Consent Calendar
Tuesday, June 25, 2024 REVISED AGENDA Page 14

42. Appointment of Ajay Krishnan to Mental Health Commission for the City of Berkeley
From: Mental Health Commission
Recommendation: Adopt a Resolution appointing: Ajay Krishnan as a representative of the General Public Interest Category to complete his first 3-year term beginning June 25, 2024 and ending June 24, 2027.

Financial Implications: See report
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400

43. Allocation of funds for a Nexus Study to develop a Parks Impact Fee for new developments
From: Parks, Recreation and Waterfront Commission
Recommendation: To provide for the foreseeable new park and recreation needs generated by the City’s assigned (RHNA) population growth, the Parks, Recreation and Waterfront Commission recommends that the City Council allocate $100,000 to fund a Nexus Study, in the FY24/25 Budget, as a first step toward adopting a Parks Impact Fee for new developments.

Financial Implications: See report
Contact: Roger Miller, Commission Secretary, (510) 981-6700

Council Consent Items

44. Front Row Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Mayor Arreguin to the Downtown Berkeley Association for their Front Row Festival with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.

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

45. Support for ACA 14 – The Basic Labor Standards at the University of California Act
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Bartlett (Co-Sponsor)
Recommendation: Adopt a Resolution in support of ACA 14 (Ortega) – The Basic Labor Standards at the University of California Act. Send copies of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, and Assemblymembers Buffy Wicks and Liz Ortega.

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

Rev - 14

Council Consent Items
Tuesday, June 25, 2024 REVISED AGENDA Page 15

46. Accepting grant funding of $100,000 from San Francisco Foundation and engage Planet DMA (DBA DMA INK) in consulting work associated with the Equitable Black Berkeley (EBB) Initiative and execute a new contract with Gail McGuire to support EBB community engagement
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution authorizing the City Manager to:

1. Receive $100,000 of grant funds from the San Francisco Foundation (SFF) (see Attachment #2) for project support and implementation for the Equitable Black Berkeley (EBB) Initiative;

2. Approve a PO with DMA INK (aka “DMA”) and the Mayor’s Office for services associated with supporting EBB for a total amount not to exceed $45,000; and

3. Execute a contract with the independent contractor between the Mayor’s Office and Gail McGuire to support EBB’s community engagement efforts at a weekly rate not to exceed $2,000 for twelve weeks.

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

47. Contract No. 32000196 Amendment: Szabo & Associates for Communications Consulting Services
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000196 with Szabo & Associates for communications consulting services for the Mayor’s Office, increasing the contract amount by $32,500 for a new total not to exceed $336,000, extending the contract to November 30, 2024.

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

48. Downtown Berkeley Pride on the Plaza: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds From: Councilmember Taplin (Author), Mayor Arreguin (co-sponsor), Councilmember Lunaparra (co-sponsor)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from the author and co- sponsors, to support the Downtown Berkeley “Pride on the Plaza” event.

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

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.

Rev - 15

Action Calendar
Tuesday, June 25, 2024 REVISED AGENDA Page 16
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 iss ue, 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.

49. Reserving $24.5 Million to Support the Development of Affordable Housing at the North Berkeley BART Site
From: City Manager
Recommendation: Adopt a Resolution:

1. Reserving $24.5 Million for the following affordable housing developments at the North Berkeley BART (NBB) site: a) NBB BRIDGE Phase 1 Project (BRIDGE Housing Corporation) at $10,657,975; b) NBB EBALDC Project (East Bay Asian Local Development Corporation) at $5,473,534; and c) NBB BRIDGE Insight PSH Project (BRIDGE Housing Corporation and Insight Housing) at 8,368,491.

2. Waiving Section I.A.1 of the Housing Trust Fund Guidelines for Applicant Experience for Insight Housing.

3. Authorizing the City Manager or designee to disburse up to $2M of the $24.5M reservation for predevelopment, if the development is unsuccessful in securing predevelopment funding from the Metropolitan Transportation Commission’s Priority Sites Program.

4. Authorizing the City Manager or designee to execute all original or amended documents or agreements to effectuate this action.

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

50. Approval of the North Berkeley BART Affordable Housing Compliance Plan From: City Manager
Recommendation: Adopt a Resolution:

1. Approving the North Berkeley BART Affordable Housing Compliance Plan.

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

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

Rev - 16

Tuesday, June 25, 2024 REVISED AGENDA Page 17

Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. For certain hearings, this is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to be recognized and 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.

When applicable, each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

51. Levy and Collection of Fiscal Year 2025 Street Lighting Assessments From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt Resolutions confirming the assessments for the Berkeley Street Lighting Assessment District No. 1982-1 and the Street Lighting Assessment District 2018, approving the Engineer’s Reports, and authorizing the levying and collection of assessments in Fiscal Year 2025.

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

52. Approval and Levy of 2018 Clean Stormwater Fee in FY 2025 From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution approving the proposed adjusted fees for the 2018 Clean Stormwater Fee and ordering the levy of the fees in Fiscal Year 2025.

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

53. Fiscal Years 2025 & 2026 Biennial Budget Adoption
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:

1. Adopt the Fiscal Years 2025 & 2026 (“FY25 and FY26”) Biennial Budget as contained in the City Manager’s FY25 & FY26 Proposed Biennial Budget, and as amended by subsequent Council action.

2. Authorizing the City Manager to provide applicable advances to selected community agencies receiving City funds in FY25, as reflected in Attachment 2 to the report, and as amended by subsequent Council action.

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

Rev - 17

Tuesday, June 25, 2024 REVISED AGENDA Page 18
Action Calendar

54. FY 2025 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance adopting the FY 2025 Annual Appropriations Ordinance (AAO) in the amount of $776,943,545 (gross appropriations) and $670,897,257 (net appropriations).

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

55. Borrowing of Funds and the Sale and Issuance of FY 2024-25 Tax and Revenue Anticipation Notes
From: City Manager
Recommendation: Adopt a Resolution approving the borrowing of $36,000,000 and the sale and issuance of Fiscal Year 2024-25 Tax and Revenue Anticipation Notes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

56. Adopt an Ordinance Adding Chapter 12.75 to the Berkeley Municipal Code to Establish Protections Relating to Horses Held, Owned, Used, Exhibited, or Otherwise Kept for Racing or Other Sport, Entertainment or Profit (Continued from January 16, 2024) (Reviewed by the Health, Life Enrichment, Equity, & Community Committee)
From: Councilmember Harrison (Author)
Recommendation: Adopt an Ordinance Adding Chapter 12.75 to the Berkeley Municipal Code to Establish Protections Relating to Horses Held, Owned, Used, Exhibited, or Otherwise Kept for Racing or Other Sport, Entertainment or Profit.

Policy Committee Recommendation: Send the item to Council with a qualified positive recommendation to approve the Ordinance with substantial edits and as may be necessary for legal and administrative purposes.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Rev - 18

Action Calendar
Tuesday, June 25, 2024 REVISED AGENDA Page 19

57. Accept the Risk Analysis for Long-Term Debt (Bonding Capacity) Report provided by Government Finance Officers Association (Reviewed by the Budget & Finance Committee)
From: City Manager
Recommendation: Accept the report titled ‘Risk-Based Analysis and Stress Test of Long-Term Debt Affordability’ as provided by the Government Finance Officers Association (GFOA). This report is based on their research and development of a risk-modeling tool to address issuing long-term debt related to City of Berkeley Vision 2050.

On April 26, 2022, the City Council referred this item to the City Manager and Budget & Finance Committee to return to Council with recommendations or analysis on as many of the following items as possible by October 2022, if feasible. 1) Consideration of reserves policies for operational funds other than the General Fund; 2) Potential reduction of the maximum indebtedness rate from 15% of assessed property value down to 4-8% range; 3) A new policy to not incur indebtedness when interest rates go above 5% or a different specific threshold; 4) Tools for increased transparency for taxpayers; 5) Updated report and discussion of pension and healthcare costs; 6) Refer the full Report to the Budget & Finance Committee for consideration.

Policy Committee Recommendation: No final action taken. Item is automatically returning to the Council agenda pursuant to the time limit for items referred to policy committees.

Financial Implications: None
Contact: Henry Oyekanmi, Finance, (510) 981-7300

58. Adopt an Ordinance Adding a New Chapter 12.01 to the Berkeley Municipal Code Establishing Emergency Greenhouse Gas Limits, Process for Updated Climate Action Plan, Monitoring, Evaluation, Reporting and Regional Collaboration (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee)
From: Councilmember Harrison (Author), Councilmember Bartlett (Co- Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation:

1. Adopt an ordinance adding a new Chapter 12.01 to the Berkeley Municipal Code (BMC) establishing Emergency Greenhouse Gas Limits with an effective date of [ ], 2022.

2. Refer to the FY23-24 Budget Process $[ ] consistent with implementing the requirements of Sections 12.01.040, 12.01.050, 12.01.060.

Policy Committee Recommendation: No final action taken. Item is automatically returning to the Council agenda pursuant to the time limit for items referred to policy committees.

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

Rev - 19

Action Calendar
Tuesday, June 25, 2024 REVISED AGENDA Page 20

59. Referral for Development of Request for Proposal (RFP) to Support Berkeley- Based Non-Profit Food Assistance Providers Serving Food Insecure Households (Reviewed by the Health, Life Enrichment, Equity, & Community Committee)
From: Councilmember Kesarwani (Author), Councilmember Humbert (Co- Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation: Refer to the City Manager to develop and fund a Request for Proposal (RFP) process to support Berkeley-based non-profit food assistance providers serving food insecure households. Funds are intended for (but not limited to) the following needs:

1. Expansion of capacity to serve more people experiencing food insecurity, such as one-time purchase of equipment;

2. Hiring of additional staff to serve more people; and/or

3. Other emerging needs to be determined.

4. Refer $200,000 annually in funding to the biennial FY 2024-25 to FY 2025-26 budget process to fund qualified proposals resulting from the RFP.

Policy Committee Recommendation: The item referred to City Council with a Qualified Positive recommendation with the amendment of referring the issue of food assistance to the Community Agency RFP process the next time the RFP is developed.

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

Information Reports

60. Voluntary Time Off Program for Fiscal Year 2025
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

61. Status Report - Berkeley’s Financial Condition (FY 2012 – FY 2021): Pension Liabilities and Infrastructure Need Attention
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

62. FY 2024 Second Quarter Investment Report: Ended December 31, 2023 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

63. FY 2024 Third Quarter Investment Report: Ended March 31, 2024 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

64. Zero Waste Commission Fiscal Year 2024-25 Work Plan From: City Manager
Contact: Terrance Davis, Public Works, (510) 981-6300

Rev - 20

Tuesday, June 25, 2024 REVISED AGENDA Page 21
Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or 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.

Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk 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 - 21

Tuesday, June 25, 2024 REVISED AGENDA Page 22

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 Thursday, June 20, 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 53. Fiscal Years 2025 & 2026 Biennial Budget Adoption

1. Parks, Recreation, and Waterfront Commission

2. Sibyl Chen

3. Courtney Pal on behalf of Dan Sawislak, Executive Director, Resources for Community Development

4. Ellen Lake

5. Daniel

6. Allison Foster

7. Maddie Emodi

8. Jane Diamond

9. Jake Teitelbaum

10. Cheryl Newbrough

11. Patrick Tool and Michelle Rostampour

12. Cheryl Brewster

13. Susan McKay
Middle East Conflict

14. Mohammed Harara

15. Sheela Jivan

16. Aylin Beyce

17. Erwan Illian (7)

18. russbumper (6)

Rev - 22

Tuesday, June 25, 2024 REVISED AGENDA Page 23
Southside Complete Streets Project

19. L.

20. Hannah

21. Tom

22. D.

23. B.S. bikedelly

24. An angry resident

25. William Kan
2274 Shattuck Ave Project

26. Charlene M. Woodcock

27. LiHui Tsai

28. Anjali Rojas

29. Lynn Sherrell
People’s Park

30. Meg Mav

31. Olivia Page

32. Aleena Karim
Hard Hats

33. Kelly Elena MacDonald on behalf of Andreas Cluver, Secretary-Treasurer of the Building & Construction Trades Council of Alameda County Cameras

34. Simone Arpaio
Animal Care Services

35. Liz Dodge
Smoking

36. Anthony John DeMaria
Speed Bump

37. Sutapa Mallik
Crossing Sign

38. Octavio
Campaign Finance Complaint

39. Tom Luce on behalf of J. George Lippman
City Manager Separation Package

40. Becca Freed
Building in South Berkeley

41. Lynn Cooper
2113-2115 Kittredge Street – Use Permit #ZP2022-0144

42. Steven Schuyler
Video Recording Planning Commission Meetings

43. Berkeley Public Eye
Rev - 23

Tuesday, June 25, 2024 REVISED AGENDA Page 24
First Congregational Church of Berkeley UCC’s 150th Anniversary

44. Rev. Molly Baskette
Police Accountability Board

45. Jose D. Murillo, Office of the Director of Police Accountability Friends of the Library Annual Membership Meeting

46. Cathy Brown
Daylight Strawberry Creek

47. Luka Henrie-Naffaa
Lorin and Gilman Parking Benefit District Formation

48. Liz Lisle and YaVette Holts
Appointment Recommendations

49. Mary-Claire Katz on behalf of Mary Behm-Steinberg, Chair, Human Welfare and Community Action Commission
Repaving on Bancroft Way

50. Adam
Op Ed- Breaking Barriers

51. Aaron
Commission Vacancies

52. Samuel J. Harvey on behalf of Kitt Saginor, Chair, Fair Campaign Practices Commission/Open Government Commission
Traffic Safety

53. Tucker Pinochi
Fulton Neighborhood Association Comments and Concerns

54. Dan Auten
Reusable Container Pilot Program

55. Sophie Horvath and Joshua Swift Rawal
Fire Prevention and Policing

56. Barbara Gilbert
Peace and Justice Commissioner

57. Brandon Head
Insurance Concerns

58. Susan Wengraf
Building Concerns

59. Mike Vandeman
Berkeley Restaurant Inspection Results

60. DL
Neighborhood Trash Concern

61. Annie Parks
Housing Concern
Rev - 24

Tuesday, June 25, 2024 REVISED AGENDA Page 25

62. Keith H Bayne(29)
Berkeley Union Bargaining

63. Angela Allan

64. Kelli Black

65. Anna Cash

66. Valerie Nguyen

67. Marc Patnode

68. E. Janney Lockman

69. Manreet Gill

70. Nico Ledwith

71. Christina Rea

72. Ammon Reagan

73. Conor Murphy

74. Joel Mandella

75. Larry Mandella

76. Jocelyn Goldsmith-De Sena

77. Julia Wiswell

78. S. Julia Po

79. Miguel Cedeno

80. Kat Wickham

81. Kayte Reagan-Randive

82. Jacob Kahn

83. Tino Ratliff

84. David Fang

85. Alice La Pierre

86. Adrian Merry

87. Jose Luis Alonso(2)

88. Michael Roshal
Tenant Opportunity to Purchase Act (TOPA)

89. Scott and Kathryn E. Hambly(2)

90. Gail Martin(2)

91. Jenny Johnston

92. Frances Weekes

93. Erin Chalmers

94. Steven Chan

95. Alison Simon
Fluoridated Water

96. Phoebe Thomas Sorgen(3)

97. Jenny Miller
Summer Swim

98. Summer Brenner
Newsletter

99. Vivian Warkentin
URL’s Only
Rev - 25

Tuesday, June 25, 2024 AGENDA Page 26
100. R ussbumper (4)

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.

Page 26 ends

Ordinance No. 7,912-N.S. Page 1 of 1
ORDINANCE NO. 7,912-N.S.

SETTING THE FY 2025 TAX RATE FOR FUNDING THE DEBT SERVICE ON THE

NEIGHBORHOOD BRANCH LIBRARY IMPROVEMENTS PROJECT GENERAL OBLIGATION BONDS (MEASURE FF, NOVEMBER 2008 ELECTION) IN THE CITY OF

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

Section 1. The FY 2025 tax rate for the debt service on the General Obligation Bonds is set at 0.0048%.

Section 2. The Tax Rate will be based on the estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2025 property tax bill.

Section 3. This Tax Rate will result in estimated total collections of $1,350,000 needed to make the March 1, 2025 and September 1, 2025 debt service payments on the outstanding General Obligation Bonds.

Section 4. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on June 4, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

Page 1 of 1 ends

Page 27 ends

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Ordinance No. 7,913-N.S. Page 1 of 1
ORDINANCE NO. 7,913-N.S.

SETTING THE FISCAL YEAR 2025 TAX RATE FOR FUNDING THE DEBT SERVICE

ON THE STREET AND WATERSHED IMPROVEMENTS GENERAL OBLIGATION BONDS (MEASURE M, NOVEMBER 2012 ELECTION) IN THE CITY OF BERKELEY BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2025 tax rate for debt service on the General Obligation Bonds is set at 0.0064%.

Section 2. The Tax Rate will be based on the estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2025 property tax bill.

Section 3. This Tax Rate will result in estimated total collections of $1,800,000 needed to make the March 1, 2025 and September 1, 2025 debt service payments on the outstanding General Obligation Bonds.

At a regular meeting of the Council of the City of Berkeley held on June 4, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

Page 1 of 1 ends

Page 29 ends

Page 30 ends

Ordinance No. 7,914-N.S. Page 1 of 1
ORDINANCE NO. 7,914-N.S.

SETTING THE FY 2025 TAX RATE FOR FUNDING THE DEBT SERVICE ON THE 2015 REFUNDING GENERAL OBLIGATION BONDS
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2025 tax rate for the debt service on the 2015 Refunding General Obligation Bonds - Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0111%.

Section 2. The Tax Rate will be based on estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2025 property tax bill.

Section 3. This Tax Rate will result in estimated total collections of $3,100,000 needed to make the March 1, 2025 and September 1, 2025 debt service payments on Refunding General Obligation Bonds.

At a regular meeting of the Council of the City of Berkeley held on June 4, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

Page 1 of 1 ends

Page 31 ends

Page 32 ends

Ordinance No. 7,915-N.S. Page 1 of 1
ORDINANCE NO. 7,915-N.S.

SETTING THE FISCAL YEAR 2025 TAX RATE FOR FUNDING THE DEBT SERVICE

ON THE INFRASTRUCTURE AND FACILITIES IMPROVEMENTS GENERAL OBLIGATION BONDS (MEASURE T1, NOVEMBER 2016 ELECTION) IN THE CITY OF

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

Section 1. The FY 2025 tax rate for debt service on the General Obligation Bonds is set at 0.0136%.

Section 2. The Tax Rate will be based on the estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2025 property tax bill.

Section 3. This Tax Rate will result in estimated total collections of $3,800,000 needed to make the March 1, 2025 and September 1, 2025 debt service payments on the proposed General Obligation Bonds.

At a regular meeting of the Council of the City of Berkeley held on June 4, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

Page 1 of 1 ends

Page 33 ends

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Ordinance No. 7,916-N.S. Page 1 of 1
ORDINANCE NO. 7,916-N.S.

SETTING THE FISCAL YEAR 2025 TAX RATE FOR FUNDING THE DEBT SERVICE

ON THE AFFORDABLE HOUSING GENERAL OBLIGATION BONDS (MEASURE O, NOVEMBER 2018 ELECTION) IN THE CITY OF BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2025 tax rate for debt service on the General Obligation Bonds is set at 0.0250%.

Section 2. The Tax Rate will be based on the estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2025 property tax bill.

Section 3. This Tax Rate will result in estimated total collections of $6,900,000 needed to make the March 1, 2025 and September 1, 2025 debt service payments on the proposed General Obligation Bonds.

At a regular meeting of the Council of the City of Berkeley held on June 4, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

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Ordinance No. 7,917-N.S. Page 1 of 1
ORDINANCE NO. 7,917- N.S.

SETTING THE FY 2025 MUNICIPAL TAX RATE FOR THE CITY OF BERKELEY FOR

BUSINESS LICENSE TAX ON LARGE NON-PROFITS
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The rate of tax for the FY 2025 business license tax on large non-profits is as follows:
$0.8207 per square foot of improvements over 120,000 square feet Section 2. This tax rate will result in estimated total collections of $597,829.

Section 3. This Ordinance shall take effect and be in full force from and after its final passage.

At a regular meeting of the Council of the City of Berkeley held on June 4, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

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Ordinance No. 7,918-N.S. Page 1 of 1
ORDINANCE NO. 7,918-N.S.

SETTING THE FISCAL YEAR 2025 SPECIAL TAX RATE TO FUND MAINTENANCE

OF PARKS, CITY TREES AND LANDSCAPING IN THE CITY OF BERKELEY BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2025 Tax Rate for the maintenance of parks, City trees and landscaping is set at $0.2210 per square foot of taxable improvements.

Section 2. The cost to the taxpayer during FY 2025 will be $265.20 for a 1,200 square foot home and $663.00 for a 3,000 square foot home.

Section 3. This Tax Rate will result in estimated total collections of $18,297,945.

Section 4. The tax imposed by this ordinance does not apply to any property owner whose total personal income, from all sources for the previous calendar year, does not exceed that level which shall constitute a very low income, as established by resolution of City Council.

Section 5. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on June 4, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

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Ordinance No. 7,919-N.S. Page 1 of 1
ORDINANCE NO. 7,919-N.S.

SETTING THE FISCAL YEAR 2025 SPECIAL TAX RATE TO FUND THE PROVISION

OF EMERGENCY MEDICAL SERVICES FOR THE CITY OF BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2025 Tax Rate for Emergency Medical Services is set at $0.0468 per square foot of taxable improvements.

Section 2. The cost to taxpayers during FY 2025 will be $56.16 for a 1,200 square foot home and $140.40 for a 3,000 square foot home.

Section 3. This tax rate will result in estimated total collections of $3,874,480.

At a regular meeting of the Council of the City of Berkeley held on June 4, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

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Ordinance No. 7,920-N.S. Page 1 of 1
ORDINANCE NO. 7,920-N.S.

SETTING THE FISCAL YEAR 2025 SPECIAL TAX RATE TO FUND EMERGENCY

SERVICES FOR THE SEVERELY DISABLED IN THE CITY OF BERKELEY BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2025 Tax Rate to fund emergency services for severely disabled persons is set at $0.02094 per square feet of improvements.

Section 2. The cost to taxpayers during FY 2025 will be $25.13 for a 1,200 square foot home and $62.82 for a 3,000 square foot home.

Section 3. This tax rate will result in estimated total collections of $1,733,706.

At a regular meeting of the Council of the City of Berkeley held on June 4, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

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Ordinance No. 7,921-N.S. Page 1 of 1
ORDINANCE NO. 7,921-N.S.

SETTING THE FISCAL YEAR 2025 SPECIAL TAX RATE TO FUND FIREFIGHTING,

EMERGENCY MEDICAL RESPONSE AND WILDFIRE PREVENTION (MEASURE FF)

IN THE CITY OF BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2025 tax rate to provide for the costs incurred for the firefighting, emergency medical response and wildfire prevention (Measure FF) is set at 0.1220 per square foot of improvements.

Section 2. The cost to taxpayers during FY 2025 will be $146.40 for a 1,200 square foot dwelling and $366.00 for a 3,000 square foot dwelling.

Section 3. This tax rate will result in estimated total collections of $10,102,578.

At a regular meeting of the Council of the City of Berkeley held on June 4, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

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Ordinance No. 7,922-N.S. Page 1 of 6
ORDINANACE NO. 7,922-N.S.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 2.24: CITY AUDITOR’S OFFICE
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Section 2.24.010 A is amended to read as follows:

2.24.010 Findings.

A. Public officials, government managers, and private citizens want and need to know not only whether government funds are handled properly and in compliance with laws and regulations, but also whether public programs are achieving the purposes for which they were authorized and funded, and whether they are doing so efficiently, effectively and equitably.

Section 2. That Berkeley Municipal Code Section 2.24.010 C is amended to read as follows:

C. An independent auditing function can provide objective information, like audits, on the operations of government programs, assist managers in carrying out their responsibilities, and help ensure full accountability to the public.

Section 3. That Berkeley Municipal Code Section 2.24.010 N is amended to read as follows:

N. It is vital to the effectiveness of audit work that it be performed by staff who collectively possess sufficient professional proficiency, qualifications and skills, which may be demonstrated by obtaining relevant certifications such as a CIA (Certified Internal Auditor), CPA (Certified Public Accountant), CFE (Certified Fraud Examiner), degrees in relevant fields such as public policy, public administration, accounting, business administration, political science or related fields, or years of auditing experience, and the City Council may wish to consider taking such competencies and certifications into account in setting the salary for the Auditor and other audit staff.

Section 4. That Berkeley Municipal Code Section 2.24.050 A is amended to read as follows:

2.24.050 Scope of audits.

A. The Auditor may conduct financial, performance, and other audits of all agencies, offices, boards, activities, and functions of the City of Berkeley to include but not be limited to the objectives of independently determining whether:

1. Activities and programs being implemented have been authorized by government charter or code, state law or applicable federal law or regulations;

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Ordinance No. 7,922-N.S. Page 2 of 6

2. Activities and programs are being conducted as prescribed by management/governing body to accomplish the objectives intended by government charter or code, state law or applicable federal law or regulations;

3. Activities or programs efficiently, effectively, and equitably serve the purpose intended by government charter, code, state law or applicable federal law or regulations;

4. Activities and programs are being conducted and funds expended in compliance with applicable laws;

5. Payers of City taxes and fees are submitting accurate information and correct amounts; revenues are being properly collected, deposited and accounted for;

6. City contractors are providing services efficiently, effectively, and equitably to the City in compliance with the terms of their contracts;

7. City resources, including funds, property and personnel, are adequately safeguarded, controlled and used in a faithful, effective and efficient manner;

8. City financial and other reports are being provided that disclose fairly and fully all information that is required by law, that is necessary to ascertain the nature and scope of programs and activities and that is necessary to establish a proper basis for evaluating City programs and activities;

9. The City has adequate operating and administrative procedures and practices, systems of accounting, internal control systems, and internal management controls;

10. There are indications of fraud, abuse or illegal acts which need further investigation.

Section 5. That Berkeley Municipal Code Section 2.24.050 C is amended to read as follows:

C. Non-audit and Similar Services, Charter mandated non-audit services:

Government Auditing Standards make a distinction between audit services and non-audit services that auditors may perform. These are generally services that auditors are typically well qualified to perform, but which often do not result in a written audit report.

Non-audit services work may be initiated by the Auditor or performed by the Auditor at the request of the City Manager and shall be performed to the extent mandated by the City Charter and consistent with the professional standards applicable to such non-audit work by auditors except where such work is expressly required by the City Charter. In order to continue to maintain independence, and in particular to avoid a situation in which auditors may in appearance or in fact be auditing their own work or making management decisions, Government Auditing Standards currently include requirements for careful consideration regarding when and how to conduct non audit services.

The Auditor shall perform any other non audit services required by the City Charter under Sections 61 and 65. The Auditor is authorized to examine or review all City payments and payrolls before issuance and no payment may be made against any City contract until that contract is registered by the Auditor; the Auditor and the City Manager are co-signers on all City checks. Responsibility for reviewing, countersigning, numbering, and registering all city agreements (contracts) as well as performing municipal accounting and non-payroll payment (accounts payable) functions have been delegated to the Finance Department; however, the Auditor may review selected items before payment is

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Ordinance No. 7,922-N.S. Page 3 of 6
approved. The Auditor also directs a Payroll Audit division, responsible for certain centralized payroll functions of the City’s decentralized payroll system. (Ord. 6910-NS § 2 (part), 2006)
Section 6. That Berkeley Municipal Code Section 2.24.050 D is added to read as follows:

D. Whistleblower Program:

The Auditor shall administer a whistleblower program for the reporting of fraud, waste, or abuse of City resources. Subject to subsection (3), the Auditor may investigate and otherwise attempt to resolve reports submitted to the whistleblower program. 1) DEFINITIONS.
a) For purposes of this section, “fraud, waste, or abuse” means any activity by a local agency or employee that is undertaken in the performance of the employee's official duties, including activities deemed to be outside the scope of their employment, that is in violation of any local, state, or federal law or regulation relating to corruption, malfeasance, bribery, theft of government property, fraudulent claims, fraud, coercion, conversion, malicious prosecution, misuse of government property, or willful omission to perform duty, is economically wasteful, or involves gross misconduct. b) “Whistleblower” is defined as an officer or employee who reports or otherwise brings to the attention of the City Auditor any information which, if true, would constitute fraud, waste, or abuse of City resources. c) “Retaliation” is any adverse employment action, including discharge, discipline, or demotion.
d) “Adverse employment action” is defined as any employment action that has a detrimental and substantial effect on the terms, conditions, or privileges of a complainant's employment or requires the complainant to work in a discriminatorily hostile or abusive work environment. A change that is merely contrary to a complainant's interests or liking is insufficient. e) “City” is defined as the City of Berkeley, its agencies, departments, boards, and commissions.
2) REPORTS. Any person may file a report for investigation with the City Auditor’s whistleblower program alleging that a City officer or employee has engaged in fraud, waste, or abuse. Any City officer or employee who has received a report of fraud, waste, or abuse of city resources shall refer the report to the City Auditor’s Office.
3) REFERRAL OF CERTAIN REPORTS. The Auditor shall refer the following reports to the appropriate government agency for review and possible investigation, including without limitation:
a) Those which another government agency is required by federal, state, or local law to adjudicate: To that agency;
b) Those which may be resolved through a grievance mechanism established by collective bargaining agreement or contract: To the official or agency designated in the agreement or contract;

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Ordinance No. 7,922-N.S. Page 4 of 6
c) Those which involve allegations of conduct which may constitute a violation of criminal law: To the District Attorney or other appropriate law enforcement agency;
d) Those which allege misconduct by a Berkeley police officer: The reporter will be provided information about how to file a complaint with the Office of the Director of Police Accountability and Berkeley Police Department; e) Those which are subject to an existing, ongoing investigation by the District Attorney or City Attorney, where the applicable official or Commission states in writing that investigation by the Auditor would substantially impede or delay its own investigation of the matter: To the investigating office; and f) Those which allege conduct that may constitute a violation of local campaign finance laws: To the Fair Campaign Practices Commission. 4) CONTRACTING OUT INVESTIGATIONS. The City Auditor has the authority to enter into contracts for investigative services when appropriate due to conflicts of interest or need for specialized expertise, as determined by the City Auditor. In such cases, the City Auditor may refer investigation work in whole or in part to a contractor under the management of the City Auditor.
5) TRACKING AND INVESTIGATING. The Auditor shall receive, track, and review reports made or referred to the whistleblower program. An investigation may include all steps that the Auditor deems appropriate, including the review of the report and any documentary or other evidence provided with it, the gathering of any other relevant documents from any City department or other source, and interviews of the complainant and other persons with relevant information. 6) FURNISHING FALSE OR MISLEADING INFORMATION; DUTY TO
COOPERATE. When making or filing a report pursuant to this Chapter or participating in an investigation conducted by the City Auditor, or an agent of the Auditor, as authorized under this Chapter, City officers and employees may not knowingly and intentionally furnish false or fraudulent evidence, documents, or information, misrepresent any material facts, or conceal any evidence, documents, or information for the purpose of misleading any officer or employees or any of their agents. In conducting investigations pursuant to this Chapter, pursuant to the Auditor’s authority under Charter Section 61, the Auditor shall have unrestricted access to employees, officials, records, and reports, and as necessary, require all branches, departments, and officials of government to produce documents, files, and other records and information. INFORMATION PROVIDED UNDER PENALTY OF PERJURY. In those instances, in which the Auditor deems it appropriate, the Auditor may require that persons making reports or providing information swear to the truth of their statements by taking an oath administered by the Auditor, or an agent of the Auditor, or through written declarations made under penalty of perjury under the laws of the State of California. 7) REFERRAL AND RECOMMENDATION BY AUDITOR. The Auditor may refer the fraud, waste, or abuse report to a City department for investigation, either before conducting an initial investigation or after doing so and may recommend that a City department take specific action based on the Auditor’s initial investigation. Within such time as the Auditor shall specify, the City department shall report to the Auditor in writing the results of the department’s investigation and any action that

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Ordinance No. 7,922-N.S. Page 5 of 6
the department has taken in response to a recommendation by the Auditor that the department take specific action.
8) RETALIATION. Any officer or employee who believes that they have been subject to an adverse employment action as a result of being a whistleblower or participating in a whistleblower investigation may file a complaint of retaliation with the City Auditor within one hundred and eighty (180) days of the alleged retaliation.

The City Auditor shall thereupon investigate the complaint. If the Office of the City Auditor is named in the complaint, the complaint shall be directed to the City Attorney for investigation. Any officer or employee who receive a complaint alleging retaliation under this chapter must keep the complaint confidential and immediately assist the complainant by referring the complainant to the City Auditor and documenting the referral in writing. Documentation must include the date and time of the referral and that the report was about retaliation. Any reports regarding retaliation are confidential and not subject to disclosure. 9) CONFIDENTIALITY.
a) Any investigative audit conducted pursuant to this section shall be kept confidential, except to issue any report of an investigation that has been substantiated, or to release any findings resulting from a completed investigation that are deemed necessary to serve the interests of the public.

In any event, the identity of the individual or individuals reporting the improper government activity, and the subject employee or employees shall be kept confidential, unless the disclosure is to a law enforcement agency that is conducting a criminal investigation.
b) Notwithstanding paragraph (a), the Auditor may provide a copy of a substantiated report that includes the identities of the subject employee or employees and other pertinent information concerning the investigation to the appropriate appointing authority for disciplinary purposes. The substantiated report, any subsequent investigatory materials or information, and the disposition of any resulting disciplinary proceedings are subject to the confidentiality provisions of applicable local, state, and federal statutes, rules, and regulations.

Section 7. That Berkeley Municipal Code Section 2.24.110 is amended to read as follows:

2.24.110 Right to retain contract auditors, investigators, consultants and experts; Cooperation with City Manager.

A. The Auditor may obtain the services of Certified Public Accountants, qualified management consultants, investigators, or other professional experts necessary to perform the Auditor’s duties within the Auditor’s budget approved by the City Council.

These expenses may be included in the Auditor’s annual budget as part of the published annual audit plan, or may be substituted in case of position vacancies if needed to complete the audit plan on schedule. An audit that is performed by contract must be conducted by persons who have no financial interests in the affairs of the governmental unit or its officers. The use of such contracts will follow the City’s normal contracting procedures.

B. The City Manager shall provide the Auditor with timely information about

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Ordinance No. 7,922-N.S. Page 6 of 6
contemplated and ongoing audits, investigations, or similar consulting engagements to be performed by other external auditors or investigators, so that all auditors may comply with Government Auditing Standards concerning the coordination of audit work, and sharing of information regarding internal control concerns, and to avoid duplication of effort and ensure effective audit coverage. The Mayor is urged to provide such information and opportunities for coordination with the public accounting firm selected for the City’s annual financial statement audits. The Auditor may assist with the selection or oversight of this audit if requested to do so.

Section 8. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on June 4, 2024, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/manager

CONSENT CALENDAR
June 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of Approve the minutes for the Council meetings of April 26, 2024 (closed), May 6, 2024 (closed), May 7, 2024 (special) (4 p.m. & 4:15 p.m.), May 7, 2024 (regular), May 10, 2024 (closed), May 13, 2024 (closed), May 14, 2024 (special), May 14, 2024 (regular), May 21, 2024 (closed), May 21, 2024 (special), May 21, 2024 (regular), May 24, 2024 (special)

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

1. April 26, 2024 – Special Closed Council Meeting

2. May 6, 2024 – Special Closed Council Meeting

3. May 7, 2024 – Special Council Meeting

4. May 7, 2024 – Special Council Meeting

5. May 7, 2024 – Regular Council Meeting

6. May 10, 2024 – Special Closed Council Meeting

7. May 13, 2024 – Special Closed Council Meeting

8. May 14, 2024 – Special Council Meeting

9. May 14, 2024 – Regular Council Meeting

10. May 21, 2024 – Special Closed Council Meeting

11. May 21, 2024 – Special Council Meeting

12. May 21, 2024 – Regular Council Meeting

13. May 24, 2024 – Special Council Meeting

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Friday, April 26, 2024 MINUTES Page 1

M I N U T E S

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

S P E C I A L M E E T I N G
FRIDAY, APRIL 26, 2024
1:30 P.M.

REDWOOD ROOM – 2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION – 1619 EDITH STREET, BERKELEY, CA 94703

JESSE ARREGUIN, MAYOR
Councilmembers:

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

If you are feeling sick, please do not attend the meeting in person.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1617102870. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID:
161 710 2870. 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.

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Friday, April 26, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 1:34 p.m.

Present: Kesarwani, Taplin, Hahn, Humbert, Arreguin

Absent: Bartlett, Wengraf
Councilmember Bartlett present at 1:46 p.m.

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

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

1. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Dee Williams-Ridley, City Manager, Anne Cardwell, Deputy City Manager, LaTanya Bellow, Deputy City Manager, Aram Kouyoumdjian, Human Resources Director, Jonathan Holtzman, Labor Negotiator, Dania Torres-Wong, Labor Negotiator, Burke Dunphy, Labor Negotiator
Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F., Berkeley Fire Fighters Association, Local 1227 I.A.F.F. / Berkeley Chief Fire Officers Association; Berkeley Police Association; SEIU 1021 Community Services and Part-time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, Public Employee Union Local 1, Unrepresented Employees Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

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

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

Adjourned at 3:04 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on April 26, 2024.
________________________
Mark Numainville, City Clerk

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Monday, May 6, 2024 MINUTES Page 1

M I N U T E S

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

S P E C I A L M E E T I N G
MONDAY, MAY 6, 2024
3:00 P.M.

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

JESSE ARREGUIN, MAYOR
Councilmembers:

If you are feeling sick, please do not attend the meeting in person.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1615209195. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID:
161 520 9195. 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.

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Monday, May 6, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 3:13 p.m.

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

Absent: None
Action: M/S/C (Arreguin/Wengraf) to allow for Councilmember Bartlett to participate in the meeting remotely pursuant to AB 2449 under the family emergency exception.

Vote: All Ayes.

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

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

1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION pursuant to Government Code Sections 54957(b)(1) and 54954.5(e)
Position to be Reviewed: City Manager
Action: M/S/C (Wengraf/Arreguin) to approve the separation agreement with the City Manager.

Vote: All Ayes.

OPEN SESSION:

I provide this report out regarding action taken by Council in connection with Agenda Item Number 1 per Government Code sections 54957 subsection (b)(1) and 54957.1 subsection (a)(5) concerning employee performance evaluation of the City Manager.

The Council is grateful for Dee Williams-Ridley’s expectational service to the City of Berkeley. Under her leadership, she has overseen the transformation of our city organization, focusing on technology innovation, improved customer service, and innovative policies and programs. She has also led our City through some of its most challenging times, including the COVID-19 pandemic. She has led with great skill, compassion, and vision. With this context in mind, I now share Council’s decision to accept the City Manager’s resignation from employment, in exchange for her signing of a separation agreement. The Council voted to approve the proposed separation agreement by a vote of 8 in favor, 0 dissenting, and 0 abstaining or not present. Among other terms, the City Manager will remain a City employee until July 10, 2024 to support the City with this leadership transition and she will waive and release potential claims against the City. In exchange, the City Manager shall receive a severance equivalent to 12 months’ salary in the amount of $401,722.10, continuing health insurance up to 12 months following separation from employment, and a $200,000 reduction of the principal of a home loan extended to Ms. Williams-Ridley by the City at the outset of her employment, among other material terms. The remaining terms of the separation and release are included in the Agreement which will be available no later than close of business on May 7, 2024.

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Monday, July 10, 2023 AGENDA Page 3
Adjournment
Action: M/S/C (Arreguin/Taplin) to adjourn the meeting
Vote: All Ayes.

Adjourned at 4:08 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on May 6, 2024.
________________________
Mark Numainville, City Clerk

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Tuesday, May 7, 2024 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, May 7, 2024
4:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – 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.

To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1- 669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 225 1843. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

To 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.

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Tuesday, May 7, 2024 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 4:07 p.m.

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

Absent: Bartlett
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 0 speakers.

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

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

Consent Calendar

1. Confirming the Results of the April 16, 2024, Special Municipal Election From: City Manager
Recommendation: Adopt a Resolution confirming the results of the April 16, 2024 Special Municipal Election for City Council District 7.

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,277–N.S.

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

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

Adjourned at 4:14 p.m.

Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None

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Tuesday, May 7, 2024 ANNOTATED AGENDA Page 3
Supplemental Communications and Reports 3
 None

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Tuesday, May 7, 2024 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, May 7, 2024
4:15 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – 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.

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.

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Tuesday, May 7, 2024 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 4:15 p.m.

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

Absent: Kesarwani, Bartlett
Councilmember Kesarwani present at 4:19 p.m.

Councilmember Bartlett present at 4:24 p.m.

Action Calendar – Public Hearings

1. Submission of the PY 2024 (FY 2025) Annual Action Plan Containing Allocations of Federal Funds to Community Agencies and Recommendations of Other Local and State Funding to Community Agencies for FY 2025 - 2028 From: City Manager
Recommendation: Conduct a public hearing on the federal Program Year (PY) 2024, City Fiscal Year (FY) 2025, Annual Action Plan (AAP) for federal Housing and Urban Development Department (HUD) funds, including the allocation of federal funding for community agencies, and upon conclusion, adopt a Resolution:

1. Approving proposed funding allocations under the PY 2024 Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), Home Investment Partnerships Program (HOME), and HOME American Rescue Plan Program (ARP); and

2. Authorizing the City Manager or her designee to execute resultant agreements and amendments with community agencies for the above-mentioned funds; and

3. Allocating 10% of the PY24 HOME funds for HOME program administration, up to 5% to support Community Housing Development Organization (CHDO) operations, and the remaining (approximately 85%) of the PY 2024 HOME funds to the Housing Trust Fund; and

4. Allocating 20% of the PY 2024 CDBG funds to Planning and Administration, up to

17.83% for public services, and the remaining to be distributed to Housing Services and Public Facility Improvements as outlined in Exhibit A with the Public Facility Improvements being a flexible line item should the HUD allocation, program income, or earlier unused funds, be more or less than estimated; and

5. Allocating the allowable 7.5% of the PY 2024 ESG to Administration, $6,676 to the Homeless Management Information System (HMIS) system, up to the allowable 60% to emergency shelter/street outreach, and the remaining amount to Rapid Rehousing as outlined in Exhibit A; and

6. Authorizing staff to finalize the PY 2024 Annual Action Plan for submission to the U.S. Department of Housing and Urban Development, including the planned expenditures of HUD funds, required HUD application forms and certifications, and all other HUD-required information; and

7. Authorizing the City Manager or her designee to execute and submit all documents necessary to receive the City’s entitlement grants under the CDBG, ESG, and HOME Programs; and

8. Authorizing Health, Housing, and Community Services (HHCS) staff to work with

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Action Calendar – Public Hearings

Tuesday, May 7, 2024 ANNOTATED AGENDA Page 3
the Alameda County to allocate Berkeley’s Homeless Housing Assistance and Prevention (HHAP) funds.

Financial Implications: See report
Contact: Tanya Bustamante, Health, Housing, and Community Services, (510) 981- 5400
Public Testimony: The Mayor opened the public hearing. 28 speakers.

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

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

Action: M/S/C (Arreguin/Hahn) to adopt Resolution No. 71,278–N.S.

Vote: All Ayes.

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

Vote: All Ayes.

Adjourned at 6:11 p.m.

Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #1: Submission of the PY 2024 (FY 2025) Annual Action Plan Containing Allocations of Federal Funds to Community Agencies and Recommendations of Other Local and State Funding to Community Agencies for FY 2025 – 2028

1. Presentation, submitted by Health, Housing and Community Services

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Tuesday, May 7, 2024 MINUTES Page 1

MINUTES

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

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – 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/1602251843 To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 225 1843 If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.

To 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.

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Tuesday, May 7, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 6:40 p.m.

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

Absent: None
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters:

1. Swearing In of Newly Elected District 7 Councilmember Cecilia Lunaparra

2. Adjourned in Memory of Delaine Eastin, State Elected Official

3. Adjourned in Memory of Will Travis, Bay Conservation & Development Commission City Manager Comments:

1. Update on the Implementation of the BINDEX for equitable contracting Recess 7:24 p.m. – 7:33 p.m.

Public Comment by Employee Unions: 2 speakers.

Recess 7:53 p.m. – 8:00 p.m.

Public Comment on Non-Agenda Matters: 10 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 40 speakers.

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

Vote: All Ayes.

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Recess Items
Tuesday, May 7, 2024 MINUTES Page 3

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

Financial Implications: See report
Contact: Tanya Bustamante, Health, Housing, and Community Services, (510) 981- 5400
Action: Adopted Resolution No. 71,279–N.S.

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

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,280–N.S.

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

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,281–N.S. (Bay Area Tree), Resolution No. 71,282–N.S. (Hamilton Tree), Resolution No. 71,283–N.S. (Professional Tree), Resolution No. 71,284–N.S. (West Coast).

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Recess Items
Tuesday, May 7, 2024 MINUTES Page 4

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

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,285–N.S.

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

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

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,286–N.S.

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

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,287–N.S.

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Recess Items
Tuesday, May 7, 2024 MINUTES Page 5

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

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,288–N.S.

Consent Calendar

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

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

Financial Implications: See report
Contact: Margot Ernst, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted second reading of Ordinance No. 7,902–N.S.

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

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

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Consent Calendar
Tuesday, May 7, 2024 MINUTES Page 6

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

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,289–N.S.

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

1. Adopt a Resolution placing the attached measure to increase the City’s appropriation limit on the ballot at the November 5, 2024 General Municipal Election.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900, Henry Oyekanmi, Finance, (510) 981-7300
Action: 1. Adopted Resolution No. 71,290–N.S. 2. Designated Mayor Arreguin, and Councilmembers Hahn, Bartlett, and Humbert to file arguments.

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

Financial Implications: No direct fiscal impacts
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: No designated argument filers selected.

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Consent Calendar
Tuesday, May 7, 2024 MINUTES Page 7

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

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 71,291–N.S.

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

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

Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 71,292–N.S.

15. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on May 7, 2024
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

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Consent Calendar
Tuesday, May 7, 2024 MINUTES Page 8

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

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

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

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

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

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,293–N.S. (California Tree), Resolution No. 71,294–N.S. (Mountain Enterprises), Resolution No. 71,295–N.S. (Small World Tree), Resolution No. 71,296–N.S. (Bay Area Tree).

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

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,297–N.S.

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

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,298–N.S.

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Consent Calendar
Tuesday, May 7, 2024 MINUTES Page 9

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

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

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

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

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: 1. Adopted first reading of Ordinance No. 7,903–N.S. amended as follows:

First, to be consistent with the change from “fire area” to “area”, YYY. Section 4912.3.1 General [Additional subsection], the word “Fire” should be deleted from Wildland-Urban Interface Fire Area on line 2 of the section and DDDD. Section 4912.6 Tracer Bullets, Tracer Charges, Rockets and Model Aircraft [Additional subsection], the word “Fire” should be deleted from Wildland-Urban Interface Fire Area on line 6 of the section
Second, Table 4902.1 has a sentence immediately after the table which reads “Fire Zone One is declared as a Very-High Fire Hazard Severity Zone and Wildland-Urban Interface area.” It should read, “Fire Zone Two is declared as a Very-High Fire Hazard Severity Zone and Wildland-Urban Interface area.” Second reading scheduled for a public hearing on June 4, 2024.

2. Adopted Resolution No. 71,299–N.S.

3. Approved recommendation.

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

Financial Implications: See report
Contact: Tanya Bustamante, Health, Housing, and Community Services, (510) 981- 5400
Action: Adopted Resolution No. 71,300–N.S.

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Consent Calendar
Tuesday, May 7, 2024 MINUTES Page 10

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

Financial Implications: See report
Contact: Tanya Bustamante, Health, Housing, and Community Services, (510) 981- 5400
Action: Adopted Resolution No. 71,301–N.S.

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

Financial Implications: See report
Contact: Tanya Bustamante, Health, Housing, and Community Services, (510) 981- 5400
Action: Adopted Resolution No. 71,302–N.S.

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

Financial Implications: See report
Contact: Tanya Bustamante, Health, Housing, and Community Services, (510) 981- 5400
Action: Adopted Resolution No. 71,303–N.S.

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

Financial Implications: See report
Contact: Tanya Bustamante, Health, Housing, and Community Services, (510) 981- 5400
Action: Adopted Resolution No. 71,304–N.S.

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

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

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

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

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

Financial Implications: See report
Contact: Tanya Bustamante, Health, Housing, and Community Services, (510) 981- 5400
Action: Adopted Resolution No. 71,305–N.S. (HIV/AIDS Surveillance), Resolution No. 71,306–N.S. (STI Prevention), Resolution No. 71,307–N.S. (TB Prevention), Resolution No. 71,308–N.S. (Public Health Infrastructure).

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

Financial Implications: See report
Contact: Tanya Bustamante, Health, Housing, and Community Services, (510) 981- 5400
Action: Adopted Resolution No. 71,309–N.S.

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

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,310–N.S.

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

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: 1. Adopted first reading of Ordinance No. 7,904–N.S. Second reading scheduled for May 21, 2024. 2. Adopted Resolution No. 71,311–N.S.

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

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,312–N.S.

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

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,313–N.S.

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

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,314–N.S.

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

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,315–N.S.

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

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

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

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

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

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

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

Financial Implications: See report
Contact: Darleen Bronson, Commission Secretary, (510) 981-5400 Action: See action for Item 33b.

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

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

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

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

Financial Implications: See report
Contact: Tanya Bustamante, Health, Housing, and Community Services, (510) 981- 5400
Action: Approved recommendation in Item 33b.

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

Financial Implications: See report
Contact: Keith May, Commission Secretary, (510) 981-3473 Action: Approved recommendation amended to include: In line with the City Manager’s recommendation to refer this item to the budget process, refer to the Fiscal Year (FY) 2024-25 Budget Process $265,000 to fund a Program Manager II position within the Fire Department to support street trauma prevention, as described below.

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

Financial Implications: See report
Contact: Keith May, Commission Secretary, (510) 981-3473 Action: Adopted Resolution No. 71,316–N.S.

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

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

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

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

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

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

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

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

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

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

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

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

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmember Lunaparra added as a co-sponsor. Adopted first reading of Ordinance No. 7,905–N.S. amended to renumber subsection 13.22.040(A) and removing existing provision 13.22.040(A)(4) regarding Educational Institutions.

Second reading scheduled for May 21, 2024.

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

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

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmembers Lunaparra and Bartlett added as co-sponsors. Approved recommendation.

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

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

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

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmembers Lunaparra and Kesarwani added as co-sponsors.

Approved recommendation.

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

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Adopted Resolution No. 71,317–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Lunaparra - $100; Councilmember Humbert - $100; Councilmember Taplin - $200; Councilmember Hahn - $500; Vice-Mayor Wengraf - $150.

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

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

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

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

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

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

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

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

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

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

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: 1. Adopted Resolution No. 71,318–N.S. 2. Approved recommendation.

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

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

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

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

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

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

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

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

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Adopted Resolution No. 71,319–N.S.

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

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

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

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

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

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

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

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

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

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

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

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

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Tuesday, May 7, 2024 MINUTES Page 23

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

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

19.37, and adopting related procedural and stricter provisions; and

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

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: 2 speakers. M/S/C (Hahn/Arreguin) to:

1. Adopt first reading of Ordinance No. 7,906–N.S. except those provisions related to NOX. Second reading scheduled for June 4, 2024.

2. Adopt Resolution No. 71,320–N.S. except the provisions related to NOX.

3. Refer the NOX provisions to the Health, Life Enrichment, Equity & Community for review and a recommendation to Council.

Vote: All Ayes.

Council Action Items

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

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

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

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: 6 speakers. M/S/C (Arreguin/Taplin) to approve the item as recommended by the Agenda & Rules Committee.

Vote: All Ayes.

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

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

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

Vote: All Ayes.

Adjourned at 10:49 p.m.

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

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

2. Jean Tepperman
Item #41: Relationship Nondiscrimination Ordinance

3. Nikhil Vashee
Parking Space Rent

4. Kevin Kunze
Street Paving

5. Dan Auten

6. Thomas8429854@

7. Julia Torrano
Holocaust

8. Dorothea Dorenz (2)

9. Councilmember Wengraf

10.Denah Bookstein

11.Mollie Mindel

12.William and Stefanie Guynn

13.JM Lerman
Climate Resilience

14.Kosmont Companies
Zero Waste

15.Chrise de Tournay (2)

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Communications
Tuesday, May 7, 2024 MINUTES Page 25
2136 San Pablo as a Public Park or Open Space

16.Parks, Recreation and Waterfront Commission
Communities for Democracy

17.Jason Rissman
Traffic Calming

18.Valerie Blair McDermott

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

20.Director of PAB
Demolition and Dwelling Unit Controls

21.Lynn Fraley

22.Sabin Ray
Tax Dollars

23.Walter Wood
Pedestrian Safety

24.Anne Whyte
Measure Y1

25.Berkeley’s Youth Commission
Cal Campus Safety

26.ABC7 News
Willard Park

27.Theresa Fleury

28.Lynn Bradley
Pro-Housing Designation

29.David Kellogg
Share Berkeley

30.Steven Berger

31.Councilmember Hahn
Gilman Business District

32.Jerry Coe, on behalf of Coe Studios
Oxford Elementary School

33.Aimee Baldwin

34.Robbi Montoya

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Communications
Tuesday, May 7, 2024 MINUTES Page 26
City Budget

35.Erin Liao
Business License Tax

36.Cynthia Kellogg
Bus Only Lanes

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

38.Liban Mohamed-Schwoebel
People’s Park

39.Phoebe Thomas Sorgen

40.Owen Martin Zuidema

41.Russell Bates
Cellular Coverage

42.Eric Friedman
Old Berkeley History

43.Commonwealth Club (2)
Art Grants

44.Commotion West Berkeley
Hot Tub – ZAB Appeal: ZP#2023-0081

45.Richard Spohn
Public Safety

46.Karina Racz
Living Jazz’s 40th Anniversary

47.Lyz Luke
Aquatic Park Bathroom

48.Rocky Leplin
Heckling

49.Joanne Donsky

50.Itamar Landau
Chris Kindness Award

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

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Communications
Tuesday, May 7, 2024 MINUTES Page 27
Berkeley Public Schools

52.John Parman
Durant Food Court

53.Alex Merenkow
Bullies

54.Kathryn Levine

55.Advocate Four (2)
Veo Scooters

56.Sean

57.Monica DiLullo, on behalf of Veo

58.Steph Lauren, on behalf of Veo
Ceding Time

59.Phoebe Thomas Sorgen
Chess Club

60.Jesse Sheehan (2)
BART Housing

61.David Lerman
Casa Zimbabwe

62.Loren Martha Thatcher
Southside Complete Streets

63.Tom

64.Lin C.

Dwight Triangle

65.Enrique Marisol
Biolab Watch

66.Tina Stevens
Homelessness

67.Justin Lee

68.Julie Nachtwey
Berkeley Art Center Invitation

69.Berkeley Art Center
Aurora Theater Company

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

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Communications
Tuesday, May 7, 2024 MINUTES Page 28

71.Vincent Casalanina
Peace and Justice Commission

72.Caralee

73.Lisa Jervis

74.Amber

75.Eric Lee

76.Rocky Chau

77.Daniel Weisfield

78.Jo-Ellen Pozner Zeitlin

79.Jennifer Coffey

80.Flipside (2)

81.Ilene Lee

82.Denise Resnikoff

83.Sarah Lefton

84.Linda Wulf

85.Stanley Wulf

86.Shoshana Katz

87.Jeremy Smith

88.Susane DeWitt

89.Barbara Schick

90.Deena Aranoff

91.Kathia Gonzalez Castro

92.Jewish Coalition of Berkeley (2)

93.Zeev Neumeier

94.16 similarly-worded form letters (Request)

95.109 similarly-worded form letters (Disrespectful)
Hindu Civilization

96.Rudransh Narayan Tripathi (2)
Pedesterian Activated Signal

97.Eric Friedman
Activism

98.Judy Massarano
City Council

99.Aaron Katler
100. Sari Hale-Alper
101. Susanne DeWitt
Rebuttal
102. Tony Benado

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Communications
Tuesday, May 7, 2024 MINUTES Page 29
A Safe Place
103. Carolyn Russell
Radio Antenna Permit
104. Mathison Ott
Hero Pay
105. AFSCME Local One, SEIU 1021 and CSU/PTRLA
Work Permits Immigrants
106. Yahel Flores
iFlip Gymnastics
107. Leesa Berahovich
Campaign Spending
108. Irene Rice
District 7
109. Shirley Kirsten
110. Fran Haselsteiner
111. John Parman
112. sheehanceo@
113. Russell Bates
Parking Enforcement
114. Jesse McCaffrey
Tree Pruning
115. J. Hawkridge
Electrification Fair
116. Mark Gilligan
Middle East Conflict
117. Christina Harb
118. Alexander McDonald
119. Sky
120. Ciara KB
121. Ory Sandel
122. Jon Jackson
123. Susanne DeWitt
124. Sheela Jivan (5)
125. Ilene Lee
126. Rachel Gita Schiff
127. Summer Brenner

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

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Communications
Tuesday, May 7, 2024 MINUTES Page 31
174. Aaron Katler
175. Melissa Tomlinson
176. Sandra Smith
177. Russell Bates (26)
178. 25 similarly-worded from letters (My name is)
URL’s Only
179. Linda Franklin
180. Russell Bates
Supplemental Communications and Reports 1
Item #34: Support the Fire Department to Fund a Program Manager II Position 181. Revised material, submitted by Councilmember Kesarwani Item #40: Waterside Workshops Emergency Recovery Grant
182. Rebecca Grove, on behalf of the Waterside Workshops Item #41: Relationship Nondiscrimination Ordinance
183. Molly Baskette, on behalf of First Congregational Church of Berkeley Item #42: Budget Referral: Berkeley Junior Jackets Capacity-Building Grant 184. Eric Friedman
Item #57: Re-Adoption of the Berkeley Building Codes, including Local Amendments to the 2022 California Building Standards Code
185. Jay Smith
Supplemental Communications and Reports 2
Item #34: Support the Fire Department to Fund a Program Manager II Position 186. John Beaulaurier
187. Noelani Fixler
Item #40: Waterside Workshops Emergency Recovery Grant
188. Danny McNaughton
189. Heike Abeck
Item #41: Relationship Nondiscrimination Ordinance
190. Dave Doleshal
Item #43: Budget Referral: Vision Zero Rapid Response on Bicycle Boulevards 191. Rain Gabriel Rachelle
192. Cathy Pienaar
193. Andres Douzoglou

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Communications
Tuesday, May 7, 2024 MINUTES Page 32
Item #57: Re-Adoption of the Berkeley Building Codes, including Local Amendments to the 2022 California Building Standards Code
194. Bryce Nesbitt
195. Supplemental material, submitted by Councilmember Hahn Item #58: Council Referral – Proposed Changes to Public Comment 196. David Shere
Supplemental Communications and Reports 3
Item #34: Support the Fire Department to Fund a Program Manager II Position 197. Walk Bike Berkeley
198. East Bay, YIMBY
199. Taj Herzer-Baptiste
Item #39: Budget Referral: SafeCity Connect Downtown Berkeley Pilot Program 200. ACLU, Northern California
Item #40: Waterside Workshops Emergency Recovery Grant
201. Rebecca Grove, Executive Director Waterside Workshops 202. Tobe O’Neal
203. Juliana Harrison
204. Camie Bontaites
205. Jordan Ester
206. Lauren Sauer
207. Hannah Otto
208. Joan Beltran-Franey
209. Ramess Rogers
210. Marc Greenberg
Item #42: Budget Referral: Berkeley Junior Jackets Capacity-Building Grant 211. Julia Cato
212. Janice Schroeder
213. M.E. Lawrence
214. Esther Brass-Chorin
215. Angela Jernigan
216. 46 similarly-worded form letters
Item #43: Budget Referral: Vision Zero Rapid Response on Bicycle Boulevards 217. Riley Wise
218. Dan Leaverton
Item #46: Budget Referral to Fund Small Sites Program to Acquire, Rehabilitate, and Protect Existing Small-Scale Housing
219. Tracy Parent, Bay Area Community Land Trust

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Communications
Tuesday, May 7, 2024 MINUTES Page 33
Item #47: Budget Referral to Continue Market Match Program for Low-Income Berkeley Residents in the Event of Statewide Program Cuts 220. Martin Bourque, on behalf of the Ecology Center
221. Nelson Nelson
222. Rodri J
223. Nick Vassallo
Item #53: Budget Referral: Crossing Guard for Cragmont School 224. Brent Blackaby
Item #57: Re-Adoption of the Berkeley Building Codes, including Local Amendments to the 2022 California Building Standards Code
225. Presentation, submitted by Planning and Development 226. Linda Hutchins-Knowles
227. Wendy Chou
228. Bryce Nesbit
Miscellaneous Communications
229. Mr. Eid
230. Andrea Cassidy

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Friday, May 10, 2024 MINUTES Page 1

M I N U T E S

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

S P E C I A L M E E T I N G
FRIDAY, MAY 10, 2024
2:00 P.M.
2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION – 1404 LE ROY AVE, BERKELEY, CA 94708 TELECONFERENCE LOCATION – 1619 EDITH STREET, BERKELEY, CA 94703

JESSE ARREGUIN, MAYOR
Councilmembers:

If you are feeling sick, please do not attend the meeting in person.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1603182705. 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:
160 318 2705. 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.

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Friday, May 10, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 2:14 p.m.

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

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

1. Designating City’s Labor Negotiators Under Gov. Code Section 54957.6: Appoint Labor Negotiator for Negotiation of Employment Agreements with Interim City Manager and City Manager Candidates.

Recommendation: Authorize Mayor Arreguin to negotiate employment agreements, including terms regarding compensation, and any amendments with the selected candidate for the City’s Interim City Manager and the City’s next City Manager.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: M/S/C (Arreguin/Wengraf) to designate Mayor Arreguin and the Council’s negotiator for employment agreements, including terms regarding compensation, and any amendments with the selected candidate for the City’s Interim City Manager and the City’s next City Manager.

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

CLOSED SESSION:

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

2. PUBLIC EMPLOYEE APPOINTMENTS PURSUANT TO GOVERNMENT CODE SECTION 54957(b):
a. Title of position to be filled: City Manager
Action: No reportable action taken.

OPEN SESSION:

No reportable action taken in closed session.

Adjournment
Adjourned at 3:05 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on May 10, 2024.
_________________________
Mark Numainville, City Clerk

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Monday, May 13, 2024 MINUTES Page 1

M I N U T E S

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

S P E C I A L M E E T I N G
MONDAY, MAY 13, 2024
3:00 P.M.

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

JESSE ARREGUIN, MAYOR
Councilmembers:

If you are feeling sick, please do not attend the meeting in person.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1607423450. 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:
160 742 3450. 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.

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Monday, May 13, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 3:07 p.m.

Present: Hahn, Wengraf, Lunaparra, Humbert, Arreguin

Absent: Kesarwani, Taplin, Bartlett
Councilmember Taplin present at 3:10 p.m.

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

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

1. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a) and 54956.9(d)(1)
a. Brown v. City of Berkeley, et al., Alameda County Superior Court Case No. 22CV012371 Action: M/S/C (Wengraf/Lunaparra) to approve the recommended settlement in the amount of $50,000 in exchange for a release of all claims against the City.

Vote: Ayes – Taplin, Hahn, Wengraf, Lunaparra, Humbert, Arreguin: Noes – None; Abstain – None; Absent – Kesarwani, Bartlett.
b. Charles Delfin v. City of Berkeley, Alameda County Superior Court Case No. 23VC049225 Action: M/S/C (Hahn/Humbert) to approve the recommended settlement in the amount of $27,500 in exchange for a release of all claims against the City.

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

2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a) and 54956.9(d)(2) and (e)(3) a. Government Claim of CSAA Insurance Exchange as Subrogee of Jane Hysen; Claim filed on February 27, 2023 and amended on August 29, 2023
Action: M/S/C (Hahn/Humbert) to approve the acceptance of a Government Claim of CSAA Insurance Exchange as Subrogee of Jane Hysen in the amount of $17,843.58.

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

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Monday, May 13, 2024 MINUTES Page 3

3. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Dee Williams-Ridley, City Manager, Anne Cardwell, Deputy City Manager, LaTanya Bellow, Deputy City Manager, Aram Kouyoumdjian, Human Resources Director, Jonathan Holtzman, Labor Negotiator, Dania Torres-Wong, Labor Negotiator, Burke Dunphy, Labor Negotiator
Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F., Berkeley Fire Fighters Association, Local 1227 I.A.F.F. / Berkeley Chief Fire Officers Association; Berkeley Police Association; SEIU 1021 Community Services and Part-time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, Public Employee Union Local 1, Unrepresented Employees Action: No reportable action taken.

OPEN SESSION:

The Council convened in closed session on May 13, 2024 and approved the following legal settlements:
- 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.
- 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.

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

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

Adjourned at 4:26 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on May 13, 2024.
_________________________
Mark Numainville, City Clerk

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Tuesday, May 14, 2024 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, May 14, 2024
4:30 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.

To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1- 669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 798 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.

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Tuesday, May 14, 2024 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 4:38 p.m.

Present: Taplin, Hahn, Wengraf, Humbert, Arreguin

Absent: Kesarwani, Bartlett
Councilmember Bartlett present at 4:42 p.m.

Councilmember Kesarwani present at 4:59 p.m.

Action Calendar

1. Presentation of PAB-ODPA Triennial Report [2021-2023] From: Police Accountability Board, Office of the Director of Police Accountability
Contact: Hansel Aguilar, Police Accountability Board, (510) 981-4950 Action: 4 speakers. Presentation made and discussion held.

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

Vote: All Ayes.

Adjourned at 6:21 p.m.

Communications
Item #1: Annual Report: Police Accountability Board and Office of the Director of Police Accountability

1. Office of the Director of Police Accountability
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #1: Presentation of PAB-ODPA Triennial Report (2021-2023)

2. Office of the Director of Police Accountability

3. Presentation, submitted by the Police Accountability Board

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Tuesday, May 14, 2024 MINUTES Page 1

M I N U T E S

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 1-833-568-8864 (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.

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Tuesday, May 14, 2024 MINUTES 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.

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Tuesday, May 14, 2024 MINUTES 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.

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Recess Items
Tuesday, May 14, 2024 MINUTES 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.

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Tuesday, May 14, 2024 MINUTES 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.

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Tuesday, May 14, 2024 MINUTES 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.

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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.

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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.

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Tuesday, May 14, 2024 MINUTES 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.

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Tuesday, May 14, 2024 MINUTES 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).

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Tuesday, May 14, 2024 MINUTES 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.”

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Tuesday, May 14, 2024 MINUTES 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.

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Tuesday, May 14, 2024 MINUTES 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

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Tuesday, May 14, 2024 MINUTES 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

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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

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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

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Tuesday, May 21, 2024 MINUTES Page 1

M I N U T E S

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

S P E C I A L M E E T I N G
TUESDAY, MAY 21, 2024
3:00 P.M.

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION – 1404 LE ROY AVE, BERKELEY, CA 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

If you are feeling sick, please do not attend the meeting in person.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1613587878. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID:
161 358 7878. 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.

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Tuesday, May 21, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 3:07 p.m.

Present: Hahn, Wengraf, Lunaparra, Humbert, Arreguin

Absent: Kesarwani, Taplin, Bartlett
Councilmember Bartlett present at 3:09 p.m.

Councilmember Kesarwani present at 4:17 p.m.

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

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

1. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 Public Employee Appointment
Title: Interim City Manager
City Designated Representative: Mayor Jesse Arreguín
Action: No reportable action taken.

2. CLOSED SESSION PURSUANT TO GOVERNMENT CODE SECTION 54957 Public Employee Appointment
Title: City Manager
City Designated Representative: Mayor Jesse Arreguín
Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

Adjournment
Adjourned at 4:27 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on May 21, 2024.
________________________
Mark Numainville, City Clerk

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Tuesday, May 21, 2024 MINUTES Page 3
NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6 and Government Code Section 65009(c)(1)(E), no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed and served on the City 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 Zoning Adjustments Board decision, 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.

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.

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Tuesday, May 21, 2024 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, May 21, 2024
4:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – 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.

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].

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.

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Tuesday, May 21, 2024 AGENDA Page 2
Preliminary Matters
Roll Call: 4:29 p.m.

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

Absent: Taplin, Wengraf
Vice-Mayor Wengraf present at 4:31 p.m.

Worksession

1. Residential Feasibility Analysis and In-Lieu Fee Recommendations From: City Manager
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: 12 speakers. Presentation made and discussion held.

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

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

Adjourned at 6:22 p.m.

Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #1: Residential Feasibility Analysis and In-Lieu Fee Recommendations

1. Presentation, submitted by Health, Housing and Community Services

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Friday, May 24, 2024 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Friday, May 24, 2024
10:30 AM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - DIMAN HOUSE, 41 CHARLESFIELD STREET, PROVIDENCE, RI 02912
TELECONFERENCE LOCATION - 740 S. BROADWAY, 5TH FLOOR, LOS ANGELES CA 90014
TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – 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/1601164409. 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: 160 116 4409. 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.

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Friday, May 24, 2024 MINUTES Page 2
Preliminary Matters
Roll Call: 10:41 a.m.

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

Absent: None
Action Calendar

1. Community Survey for Potential November 2024 Ballot Measures From: City Manager
Recommendation: Receive the report, which provides information on a potential Parks Tax increase and a Measure P extension and increase, and provide direction on the upcoming community survey as well as any other proposed measures.

Financial Implications: None
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700, Peter Radu, City Manager's Office, (510) 981-7000, Anne Cardwell, City Manager's Office, (510) 981-7000
Action: 6 speakers. The Council provided direction on the survey to:
 Survey for Parks Tax increases of 20% and 28%.
 Add a question about general support for a revenue measure to support local arts organizations and programs.
 Survey for a Measure P extension with two options: 1) renewing the current tax; and 2) adding tiers for higher value sales (3% at $3 million; 3.5% at $10 million).  Consult with the City Attorney’s Office to draft ballot question language for inclusion in the survey.

The Council also provided general direction to develop a ballot measure to extend the Sugar-Sweetened Beverage Tax.

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Action Calendar
Friday, May 24, 2024 MINUTES Page 3

2. Council Referral – Request for City Council to place a limited Library tax on the November 2024 ballot
From: Board of Library Trustees
Recommendation: Adopt a resolution to include on the November 2024 ballot a measure levying a new, limited tax in order to maintain current levels of Library services, building maintenance, collections and staffing. The proposed rate is 6¢ per square foot of residential building space and 9¢ of commercial building space, with annual adjustments, and exempting low-income homeowners. The recommendation is to place this measure on the ballot, using language that aligns as closely as possible with the language employed by Godbe Research in the March 2024 community survey: “To maintain Berkeley Public Library services/ facilities such as: - summer reading programs for children; - keeping qualified librarians; - quality places for children; - homework help/ tutoring; - book, material/ digital collections; - maintain library facilities; - senior/ accessible programs; and - maintain weekday and weekend hours; shall the Berkeley Public Library measure be adopted, levying 6¢ per square foot of residential building space (other rates detailed in the voter handbook), providing $5,600,000 annually, until ended by voters, with annual adjustments, and exempting very low-income homeowners?”
Financial Implications: See report
Contact: Tess Mayer, Commission Secretary, (510) 981-6100 Action: 9 speakers. M/S/C (Arreguin/Hahn) to refer to the City Attorney to work with Library staff to develop a revenue measure for the November 2024 ballot.

Vote: All Ayes.

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

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

Adjourned at 2:06 p.m.

Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #2: Council Referral – Request for City Council to place a limited library tax on the November 2024 ballot

1. Vivian Pisano

2. Judy Gonzalez-Massih

3. Tess Fruge

4. Beth Ward

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Friday, May 24, 2024 MINUTES Page 4

5. Greta Fillingim

6. Kathy Helliesen
Supplemental Communications and Reports 3
Item #1: Community Survey for Potential November 2024 Ballot Measures

7. Presentation, submitted by Parks, Recreation and Waterfront Item #2: Council Referral – Request for City Council to place a limited library tax on the November 2024 ballot

8. Presentation, submitted by the Library

9. Andrew Thompson

10.Scott Barshay
Miscellaneous Communications

11.Yes on D

12.Healthy Berkeley Impacts

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Tuesday, May 21, 2024 MINUTES Page 1

M I N U T E S

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.

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/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].

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.

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Tuesday, May 21, 2024 MINUTES 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 meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters: None
City Manager Comments: None
Public Comment 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.

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Consent Calendar
Tuesday, May 21, 2024 MINUTES 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 From: Mayor Arreguin (Author)
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 (Author)
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 (Author)
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.

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Consent Calendar
Tuesday, May 21, 2024 MINUTES 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.

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Consent Calendar
Tuesday, May 21, 2024 MINUTES 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.

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Consent Calendar
Tuesday, May 21, 2024 MINUTES 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.

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Consent Calendar
Tuesday, May 21, 2024 MINUTES 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.

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Council Consent Items
Tuesday, May 21, 2024 MINUTES 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.

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Council Consent Items
Tuesday, May 21, 2024 MINUTES 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.

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Action Calendar – Public Hearings
Tuesday, May 21, 2024 MINUTES 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.

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

Action: M/S/C (Wengraf/Humbert) to adopt Resolution No. 71,354–N.S.

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

23. Fee Increase: Senior Center Facility Rental Security Deposit From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution raising the senior center rental facility's security deposit from $350 to $500, a total increase of $150.

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.

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

Action: M/S/C (Wengraf/Arreguin) to adopt Resolution No. 71,355–N.S.

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

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Action Calendar – Public Hearings
Tuesday, May 21, 2024 MINUTES Page 11

24. Selected Sports Field Fee Increases
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving new fees for select sports field fees; and rescinding Resolution No. 70,869-N.S. and all amendatory resolutions.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Public Testimony: The Mayor opened the public hearing. 0 speakers.

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

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

Action: M/S/C (Arreguin/Wengraf) to adopt Resolution No. 71,356–N.S.

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

25. Changes to the Planning Department Fee Schedule
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution: 1. Approving revisions to the fee schedule for the Planning and Development Department effective July 1, 2024, to increase the hourly rate for staff time in all divisions of the department to $250 per hour, to set fees for the new Building and Safety Division permits and processes, to create a new Land Use Planning application fee and offset those costs through reductions in discretionary permit fees, to increase the annual fees of the Rental Housing Safety Program, and to update various other fee rates and make minor clarifications to the existing fee schedule; and 2. Rescinding Resolution No. 67,985-N.S.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 1 speaker.

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

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

Action: M/S/C (Arreguin/Wengraf) to adopt Resolution No. 71,357–N.S.

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

Information Reports

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

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Tuesday, May 21, 2024 MINUTES Page 12
Public Comment – Items Not Listed on the Agenda - 3 speakers.

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

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

Adjourned at 10:29 p.m.

Communications
Permits for Restaurants and Food Facilities

1. David Lerman (2)
West Campus Pool Hours

2. Summer Brenner
Farm Workers Grant

3. Mary Parks
BioLab Watch

4. Tina Stevens
Holocaust Remembrance Day

5. Shoshana Dembitz
Blockage of Bateman Street

6. Mike Vandeman
Parking Meters & Residential Parking Permits

7. Dorothea Dorenz

8. Dona Bretherick
Peace and Justice Commission

9. Noam Pitsker

10.Anna Ma

11.Linda Wulf
Homelessness

12.Katelyn Draper

13.Cecelia Mautner

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Tuesday, May 21, 2024 MINUTES Page 13
Revolution Books Frame Signs

14.Steve Rood
Cal Sailing J-Dock Berths

15.Michael Scott

16.Nancy Gillette

17.Emily Fox

18.Summer Brenner
Hearst and Oxford Dangerous Intersection

19.Helen Cademartori
4th Street Sidewalk Vendor Selling Knives

20.Cecelia Mautner (2)
Fee Increase Per Rental Unit

21.Dorothe Dorenz
Repaving on Bancroft

22.Adam Naftalin-Kelman, on behalf of Berkeley Hillel
Middle East Conflict

23.Deborah Goldeen

24.Michael Fullerton

25.Sophia Cyris

26.Russell Bates (4)
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #6: Contract No: 32300104 Amendment: The Village of Love for Telegraph Neighborhood Sacred Rest Drop-In Center

27.Alex Knox
Item #14: Develop a pilot program for 5-10 Seriously Mentally Ill (SMI) persons who have required frequent interventions

28.Loni Hancock

29.Linda Maio
Item #20: Speed Bump Installation on Russell St at King Street (South Berkeley)

30.Nathan Bigelow

31.KC Cavanagh

32.Karen Weidert

33.Amy Fire

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Tuesday, May 21, 2024 MINUTES Page 14

34.Mary Mathaisell

35.Cynthia Augsjoost

36.Sutapa Mallik

37.Nikhilesh Banerjee

38.Ajit Roy

39.Maitreyee Paul

40.Debabrata Paul

41.Ashima Roy

42.Loa Ortiz

43.Scott Gehring
Item #21: Fiscal Years 2025 and 2026 Proposed Budget and Proposed Budget Public Hearing #1

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

45.Beth Roessner, on behalf of the Berkeley Chamber of Commerce

46.Lucy Mahaffey

47.David Silverglide

48.Tom Parish

49.David Masenten

50.Nikki Esperson

51.Amy Murray

52.Lorenzo Grayson

53.Angela Jernigan (2)

54.Ann Harlow

55.Blaine Merker

56.Tom Bates and Loni Hancock

57.Julie Sinai, on behalf of LifeLong Medical Care

58.Maria Schell Hassid

59.Coffee Hut

60.Walk Bike Berkeley

61.Supplemental material, submitted by the City Manager’s Office Supplemental Communications and Reports 3
Item #14: Develop a pilot program for 5-10 Seriously Mentally Ill (SMI) persons who have required frequent interventions

62.Margot Dashiell
Item #20: Speed Bump Installation on Russell St at King Street (South Berkeley)

63.Owen Thompson-Lastad

64.Emily Becerra Sigel
Item #21: Fiscal Years 2025 and 2026 Proposed Budget and Proposed Budget Public Hearing #1

65.Presentation, submitted by the City Manager’s Office

66.Angela Jernigan

67.Igor Tregub

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Tuesday, May 21, 2024 MINUTES Page 15

68.Julia Moss

69.Anthony Iacono

70.Joe Smith

71.Benjamin Fry

72.Kendra Levine

73.Esther Brass
Budget Referral for the Berkeley Faith & Justice Coalition – Grassroots Leader Support Project

74.Submitted by Councilmember Sophie Hahn
Description: Funding to Berkeley Public Schools Fund 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

75.Submitted by Councilmember Ben Bartlett
Excused Absence for Councilmember Terry Taplin

76.Submitted by Mayor Jesse Arreguin
Miscellaneous Communications

77.Message from Eid

78.Steve Moros

79.Enclave Apartments – West Builder

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
June 25, 2024
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Carianna Arredondo, Assistant to the City Manager, City Manager’s Office Subject: Contract: Live Free USA for Gun Violence Intervention and Prevention Program: Custom Notification and Street Outreach Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Live Free USA (Contractor) to design, implement, and assess the Custom Notification and Street Outreach Services component of the City of Berkeley’s Gun Violence Intervention and Prevention Program for a two-year pilot, in an amount not to exceed $2,000,000 ($1,000,000 per fiscal year).

FISCAL IMPACTS OF RECOMMENDATION
The $2,000,000 contract will be funded through the General Fund (Fund Code: 011-21- 201-000-0000-000-412-612990). The contract term begins July 1, 2024 through July 1, 2026 ($1,000,000 per fiscal year). Initial disbursement will consist of an upfront mobility percentage cost followed by subsequent invoicing.

CURRENT SITUATION AND ITS EFFECTS
The Reimagining Public Safety initiative is a Strategic Plan Priority Project, advancing our goal to create a resilient, safe, connected, and prepared city. In alignment with this initiative, the City of Berkeley issued a Request for Proposals (RFP) to engage an organization that will execute custom notifications and street outreach for the City’s two- year pilot Gun Violence Intervention and Prevention Program. The chosen vendor will work in partnership with the City to develop, implement, and evaluate the Custom Notification and Street Outreach services component of the program, with a budget not exceeding $2,000,000 over two years ($1,000,000 per fiscal year).

The City Council approved the formal bids and solicitation request for Specification No. 24-11659-C at the March 12, 2024, City Council meeting. The RFP was then posted on the City's Bids and Solicitation site on March 20, 2024. A Bidder’s Conference took place on April 5, 2024, with responses to inquiries subsequently made available on the City’s website on April 10, 2024. The deadline for proposal submissions was April 16, 2024, resulting in two complete proposals being received. The selection committee included leaders and staff from the City Manager’s Office (CMO), Berkeley Police Department (BPD), Department of Health, Housing, and Community Services (HHCS),

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[Title of Report] CONSENT CALENDAR
June 25, 2024

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Parks, Recreation and Waterfront Department (PRW), and the Office of the Director of Police Accountability (ODPA). Additionally, community representatives from the Police Accountability Board, the Mayor’s Fair and Impartial Policing Working Group, and an appointed member from the D2 Ceasefire Ad Hoc Advisory Group participated in the review, interview, and selection process.

BACKGROUND
The dialogue surrounding public safety in the United States shifted in 2020. National events starkly highlighted that trust in law enforcement and public safety mechanisms had been deeply eroded for many, especially within marginalized communities. The tragic and unjust deaths of George Floyd, Breonna Taylor, and many others underscored the pressing need to address systemic inequities and to deeply reconsider the tenets of public safety. On June 6, 2020, over 7,000 Berkeley residents marched in the streets to call for transformative change in law enforcement. The City of Berkeley, aware of its role and responsibilities in this national context, promptly heeded this call for introspection and reform.

The following provides a chronology of the City of Berkeley’s systemic actions in its initiative to design and implement a Gun Violence Prevention and Prevention program:

On November 9, 2021, the Berkeley City Council unanimously approved a budget referral for $200,000 in consulting costs to begin developing a multi-jurisdictional Gun Violence Intervention (GVI) program, also known as “Operation Ceasefire,” in Berkeley.

On May 25, 2022, the Berkeley Police Department launched a Transparency Hub dashboard, that includes data and analysis designed to support the Ceasefire process.

BPD continues to build automated data visualization tools for violence prevention program stakeholders to track relevant statistics through the duration of the program.

On May 31, 2022, City Council approved a recommendation, submitted by Councilmember Taplin, to refer $1,000,000 to the budget process to provide full staffing for a Berkeley Ceasefire program. Upon approval, Councilmember Taplin hosted a series of Berkeley Ceasefire D2 Ad-hoc advisory sessions.

On June 28, 2022, the City Council adopted the FY 2023-2024 city budget which included key Reimagining Public Safety Tier 1 items.

On November 28, 2022, the Berkeley Police Department expanded its partnership with UC Berkeley to include a collaboration with the Goldman School of Public Policy to design a Gun Violence Prevention program evaluation plan including the definition of success metrics and independent analysis thereof.

On May 12, 2023, the Gun Violence Prevention report, that explores details of assessments and analysis on Violence Prevention Models as it relates to implementation in Berkeley, was completed.

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[Title of Report] CONSENT CALENDAR
June 25, 2024

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On August 21, 2023, the Assistant to the City Manager, serving as the Reimagining Public Safety (RPS) Project Coordinator was hired and began collaborating with the City’s Reimagining Public Safety project team to provide a comprehensive update on RPS initiatives and the City’s progress with Gun Violence Prevention program implementation.

On January 23, 2024, the City Manager and staff delivered a detailed status update on the Reimagining Public Safety initiative, outlining its progress, the leadership team driving this effort, and the advances made in key initiatives. This update also addressed the challenges and considerations that have impacted the progress of the initiative.

Additionally, a comprehensive presentation on the proposed framework for the Gun Violence Intervention and Prevention Program was presented and subsequently adopted by the City Council.

On March 12, 2024, the City Council approved the formal bids and solicitation request for Specification No. 24-11659-C at the City Council meeting.

On March 20, 2024, the RFP was posted on the City's Bids and Solicitation site.

On April 5, 2024, the City hosted a Bidders Conference, responses to inquiries were subsequently made available on the City’s website on April 10, 2024.

On April 16, 2024, the deadline for proposal submissions was April 16, 2024, resulting in two complete proposals being received.

On April 26, 2024, the Assistant to the City Manager coordinated and conducted one- hour interviews with prospective bidders and the Gun Violence Intervention and Prevention Program (GVIPP) Steering Committee.

On May 6, 2024, the GVIPP Steering Committee reviewed score sheets and selected a provider for an intent to award notification.

On May 14, 2024, the City Manager and Staff delivered a Spring 2024 Reimagining Public Safety status update which included progress made with the RFP process for Gun Violence Intervention and Prevention Program.

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

RATIONALE FOR RECOMMENDATION
The City conducted a competitive bid process for the Gun Violence Intervention and Prevention Program (GVIPP), and Live Free USA emerged as the top candidate. They

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[Title of Report] CONSENT CALENDAR
June 25, 2024

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successfully met all bid requirements and ranked highest among all bidders due to their demonstrated experience in community engagement, violence prevention, and inter- agency coordination. Live Free has provided comprehensive implementation plans, which include robust frameworks for GVI/P services tailored to the City's specific needs.

Their proposal outlines effective strategies for stakeholder collaboration, emphasizing structured partnerships with local law enforcement, community organizations, and social services to target and support at-risk populations. Live Free also proposes innovative approaches to street outreach and custom notification systems, aiming to enhance public safety through proactive community involvement and tailored intervention and prevention methods. This clear and actionable plan positions Live Free as a suitable partner for the City in addressing gun violence and enhancing public safety strategies.

ALTERNATIVE ACTIONS CONSIDERED
The City Council has the option to halt the Gun Violence Intervention and Prevention Program implementation and redirect the allocated funds to another local priority.

However, this would diverge from previous Council decisions and the expressed preferences of the community. Therefore, staff do not recommend pursuing this course of action.

CONTACT PERSON
Carianna Arredondo, Assistant to the City Manager, City Manager’s Office, 510-981- 7000
Attachments:
1: Resolution
2: Selected Pages: Request for Proposals (RFP) for Gun Violence Intervention and Prevention Program, March 2024
3: Reimagining Public Safety Update, Spring 2024

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Berkeley City CouncilJune 25, 2024

Berkeley City Council
June 25, 2024