Annotated agenda, first session — Berkeley City Council, July 9, 2024

Tuesday, July 9, 2024 ANNOTATED AGENDA Page 1

ANNOTATED AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, July 9, 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 – IGOR TREGUB 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/1611898773. 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: 161 189 8773. If you w ish 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 ar e 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 beh avior 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 le gislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Tuesday, July 9, 2024 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 6:28 p.m.

Present: Kesarwani, Taplin, Bartlett, Tregub, 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.

Report from Closed Session
The City Council met in closed session on July 8, 2024, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel as follows:

1) Approved a stipulated settlement of permanent disability with an Award of lifetime future medical care, or in the alternative, by Compromise and Release with a release of future medical care, as to a workers’ compensation matter WCAB Case Number:
#ADJ17732423.

2) Approved a stipulated settlement of permanent disability with an Award of lifetime future medical care, or in the alternative, by Compromise and Release with a release of future medical care, as to a workers’ compensation matter WCAB Case Numbers:
#ADJ15348795 and #ADJ15456130.

3) Approved a stipulated settlement of permanent disability with an Award of lifetime future medical care, or in the alternative, by Compromise and Release with a release of future medical care, as to a workers’ compensation matter Claim Numbers:
#BER2200107, #BER1900100, #BER1700164 and #BER2200007.

Ceremonial Matters

1. Adjourned in Memory of Former Councilmember Max Anderson

2. Adjourned in Memory of Yuan Cong, Buddhist Priest

3. Adjourned in Memory of Narsai David, Local Activist

Tuesday, July 9, 2024 ANNOTATED AGENDA Page 3
City Manager Comments:

The Interim City Manager noted several upcoming events including Derby Day at the West Campus Pool (7/12), Movie Night at Strawberry Creek Park (7/12), Music at Ohlone Park (7/13), and the Echo Lake Teen Backpack Trip.

Public Comment by Employee Unions: 3 speakers.

Public Comment on Non-Agenda Matters: 10 speakers.

Action: M/S/C (Lunaparra/Taplin) to accept an urgency item from Councilmember Lunaparra pursuant to Government Code Section 54954.2(b)(2) entitled Rights Against the Criminalization of Unhoused Individuals Due to Their Status. Item added to the Action Calendar.

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

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 22 speakers.

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

Vote: All Ayes.

Recess 8:13 p.m. – 8:32 p.m.

Consent Calendar

1. Zoning Ordinance Amendments to Berkeley Municipal Code Chapter 23.326 Demolition and Dwelling Unit Controls
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,924-N.S. regarding amendments to Berkeley Municipal Code Chapter 23.326 Demolition and Dwelling Unit Control Ordinance.

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

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,924–N.S.

Consent Calendar

Tuesday, July 9, 2024 ANNOTATED AGENDA Page 4

2. FY 2025 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,925-N.S. 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.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300; David Sprague, Fire, (510) 981- 3473
Action: Adopted second reading of Ordinance No. 7,925–N.S.

3. FY 2025 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,926-N.S. adopting the FY 2025 Annual Appropriations Ordinance (AAO) in the amount of $793,319,711 (gross appropriations) and $686,125,119 (net appropriations).

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Adopted second reading of Ordinance No. 7,926–N.S.

4. Police Accountability Board – Appointment of New Member From: City Manager
Recommendation: Adopt a Resolution appointing a new member to the Police Accountability Board nominated by Councilmember Taplin.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,436–N.S.

5. Policies and Timelines for Filing Ballot Measure Arguments From: City Manager
Recommendation: Adopt a Resolution establishing policies and timelines for filing ballot measure arguments in the November 5, 2024 General Municipal Election.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,437–N.S.

Consent Calendar

Tuesday, July 9, 2024 ANNOTATED AGENDA Page 5

6. Grant Application: Bureau of Justice Assistance Body-Worn Camera Policy and Implementation Program to Support Law Enforcement Agencies From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the federal Bureau of Justice Assistance (BJA) in an amount not to exceed $300,000 for the Body-Worn Camera Policy and Implementation Program.

Financial Implications: See report
Contact: Carianna Arredondo, City Manager's Office, (510) 981-7000, Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,438–N.S.

7. Contract: Gallup, Inc for Employee Engagement and Development From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee(s) to enter into a contract and any amendments with Gallup, Inc for reporting, coaching and learning tools and resources that focus on employee strengths-based development as a sole source. The contract will be effective August 1, 2024 and end on September 30, 2026 in an amount not to exceed $150,000. The contract may be extended for up to four additional years at a cost not to exceed an additional $75,000 per year.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,439–N.S. as revised in Supplemental Communications Packet #1 by the City Manager.

8. Purchase Agreement with Pierce Manufacturing, Inc. and Contract No. 078804- 1 (8068) Amendment: Banc of America Public Capital Corp. for Master Equipment Lease/Purchase Agreement for Three Fire Engines and Two Aerial Fire Trucks
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to purchase three Pierce Enforcer 1500 GPM Type 1 Fire Engines and two Pierce Enforcer Tractor Drawn Aerials by executing: 1. Purchase Agreement with Pierce Manufacturing, Inc. in an amount not to exceed $7,353,115, providing for California sales tax of $751,206 and pre-pay discount of $951,353; and 2. Increase the Master Equipment Lease/Purchase Agreement with Banc of America Public Capital Corp. by $9,492,845 (prior to sales tax, equipment only) yielding an amended total NTE amount of $26,693,305 on Contract No. 078804-1 (8068) with financing pursuant to the amendment to be paid over 7 years at an annual interest rate of 4.1438% and a first payment commencing no later than April 9, 2025.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,440–N.S.

Consent Calendar
Tuesday, July 9, 2024 ANNOTATED AGENDA Page 6

9. Community Emergency Response Team (CERT) Civilian Instructor – Establish Job Class Specifications and Salary Range
From: City Manager
Recommendation: Adopt a Resolution establishing the unrepresented job class specifications of – and salary range for – Community Emergency Response Team (CERT) Civilian Instructor, with an hourly range of $31.5568 to $38.7241.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,441–N.S.

10. Contract No. 32000224 Amendment: GovInvest, Inc. for Labor Costing Software and Analysis Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000224 with GovInvest, Inc. for labor costing software and analysis services to cover the period May 23, 2023 to June 30, 2026 for a total cost not to exceed $375,000.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,442–N.S.

11. Contract: Rincon Consultants, Inc. for Environmental Support Services for 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 Rincon Consultants, Inc (Rincon) in an amount not to exceed $3,080,000 which includes $280,000 of contingency to provide environmental support services for the Berkeley Water Transportation Pier Ferry Project (Project) for the period July 15, 2024 through June 1, 2027.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,443–N.S.

12. Contract: Bay Cities Paving & Grading, Inc. for Street Rehabilitation FY 2024 Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Street Rehabilitation FY 2024 Project, Specification No. 24-11624-C; and 2.

Accepting the bid of the lowest responsive and responsible bidder, Bay Cities Paving & Grading, Inc. 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 in an amount not to exceed $12,361,800.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,444–N.S.

Consent Calendar
Tuesday, July 9, 2024 ANNOTATED AGENDA Page 7

13. Community Health Commission Comments on Dark Skies Ordinance From: Community Health Commission
Recommendation: For the City Council to (a) refer to the Planning Commission, the Public Health Comments on the Dark Skies Ordinance which was previously referred to the Planning Commission; (b) refer to the City Manager, a request to ask the Department of Public Works to implement a moratorium on installation of street lighting and building lighting for use at night exceeding 3,000 Kelvin.

Financial Implications: See report
Contact: Kellie Knox, Commission Secretary, (510) 981-5400 Action: Recommendation not approved.

Vote: Ayes – Bartlett, Tregub; Noes – Kesarwani, Taplin, Wengraf, Humbert, Arreguin; Abstain – Hahn, Lunaparra.

Council Consent Items

14. Relinquishment of Council Office Budget Funds to the General Fund and Grant of Such Funds to the Port Chicago Alliance; and Official Co-Sponsorship of Port Chicago Weekend 2024
From: Councilmember Hahn (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Mayor Arreguin (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 Port Chicago Alliance – a 501(c)(3) non-profit organization – to support Port Chicago Weekend 2024, raising awareness of the legacy of the Port Chicago 50, with funds relinquished to the City’s general fund for this purpose from discretionary Council Office Budgets of Councilmember Hahn and any other Councilmembers who would like to contribute, and register the City of Berkeley’s official Co-Sponsorship of Port Chicago Weekend 2024.

Financial Implications: Councilmember's Discretionary Funds - $500 Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Adopted Resolution No. 71,445–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Humbert - $250; Councilmember Wengraf - $250; Councilmember Tregub - $250; Councilmember Lunaparra - $250; Councilmember Bartlett - $250; Councilmember Taplin - $500.

Consent Calendar
Tuesday, July 9, 2024 ANNOTATED AGENDA Page 8

15. Amend Item to Remove the Dwight Way/Telegraph Avenue Intersection from the List of Intersections Being Considered for Additional Surveillance Technology
From: Councilmember Lunaparra (Author)
Recommendation: Amend Council action that was passed at the January 30, 2024 Council meeting to remove the Dwight Way/Telegraph Avenue intersection from the list of intersections being considered for additional surveillance technology.

Financial Implications: None
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170 Action: Approved recommendation.

Action Calendar

16. Referral Response: Gap Analysis of Berkeley’s Homelessness System of Care From: City Manager
Recommendation: Receive and file a report and presentation from staff, responding to the City Council’s July 13, 2021 referral to the City Manager to analyze current homelessness expenditures and programs and to explore recalibrating and prioritizing investments to align with the 1-2-4 All Home Regional Action Plan framework.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: 11 speakers. Presentation made and report received.

17. ***Removed from the Agenda by the City Attorney*** Youth Voting in Berkeley School Board Elections; Ordinance Providing for Voting By Persons Aged 16 and 17 Years Old for Office of School Director; Resolution Providing for Youth Voting in November 2024 School Board Elections
From: City Attorney
Contact: Farimah Brown, City Attorney, (510) 981-6950

Action Calendar – New Business
Tuesday, July 9, 2024 ANNOTATED AGENDA Page 9

18. Initiative Petition – Initiative Ordinance Establishing Direct Rental Payments and Amending the Rent Stabilization Ordinance
From: City Manager
Recommendation:

1. Take action on the initiative petition to:
a. Adopt the provisions of the measure without alteration. -OR-
b. Adopt a Resolution submitting the measure, without alteration, to a vote of the people at the November 5, 2024 General Municipal Election.