Tuesday, July 23, 2024 ANNOTATED AGENDA Page 1
ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, July 23, 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/1600197323. 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: 160 019 7323. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.
To submit a written communication for the City Council’s consideration and inclusion in the public record , email [email protected].
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect . Any member of the public may attend this meeting. Questions regarding public participation may be addressed to the City Clerk Department (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.
Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.
Tuesday, July 23, 2024 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 9:22 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.
Ceremonial Matters
1. Recognition in Memory of Former Councilmember Max Anderson
2. Recognition of the 2024 Berkeley Music and Arts Summit
3. Adjourned in Memory of Sonya Massey, Victim of Police Violence Report from Closed Session
The City Council met in closed session on July 22, 2024, pursuant to Government Code Section 54956.9(d)(2), and provided direction to outside counsel and approved a Compromise and Release settlement with a release of future medical care, as to a workers’ compensation matter WCAB Case Number: ADJ10187918 and provided direction to outside counsel and 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: ADJ18579793.
The Council also authorized the City Attorney to settle the Claim of Paul Wescott for total amount of $24,930.82.
City Manager Comments:
1. Movies in the Park, Friday July 26 – How to Train Your Dragon
2. Tuolumne Family Camp Comedy Weekend
3. Olympic Day in San Pablo Park
Public Comment on Non-Agenda Matters: 10 speakers.
Tuesday, July 23, 2024 ANNOTATED AGENDA Page 3
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 14 speakers.
Action: M/S/C (Arreguin/Hahn) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
1. FY 2025 Special Tax Rate: Fund the Provision of Library Services From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,927-N.S. 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.
First Reading Vote: All Ayes
Financial Implications: See report
Contact: Tess Mayer, Library, (510) 981-6100, Henry Oyekanmi, Finance, (510) 981- 7300
Action: Adopted second reading of Ordinance No. 7,927–N.S.
2. Youth Voting in Berkeley School Board Elections; Ordinance providing for voting by persons aged 16 and 17 years old for office of School Director From: City Attorney
Recommendation: Adopt second reading of Ordinance No. 7,928-N.S. providing for youth voting by persons aged 16 and 17 years old for office of School Director pursuant to Article III, Section 5(3) of the City Charter.
First Reading Vote: Ayes – Kesarwani, Taplin, Tregub, Hahn, Lunaparra, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Bartlett, Wengraf.
Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted second reading of Ordinance No. 7,928–N.S.
3. Municipal Code Amendments for Measure KK Compliance and Updated Settlement Authority
From: City Attorney
Recommendation: Adopt first reading of an Ordinance amending Chapter 2.56 and Sections 2.36.040, 4.04.100, 4.04.110, and 7.12.020 of the Municipal Code to conform to Section 113 of the City Charter (Measure KK), and to increase the City Attorney’s authority to settle claims up to $50,000.
Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted first reading of Ordinance No. 7,929–N.S. with an amendment in Section 2.56.040. Second reading scheduled for July 30, 2024.
Consent Calendar
Tuesday, July 23, 2024 ANNOTATED AGENDA Page 4
4. Contract: Downtown Berkeley YMCA for Fitness Center Memberships for City Employees
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $161,280 for fitness center memberships for City employees for the period July 1, 2024 through June 30, 2025.
Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Adopted Resolution No. 71,449–N.S.
5. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on July 23, 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: Various Funds - $4,525,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.
6. Public Facility Improvement Program Funds for Insight Housing’s (formerly Berkeley Food and Housing Project) Dwight Way Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to: 1. Reallocate $549,785 of FY24 Measure P funds from Insight Housing’s (IH) Russel Street Residence rehabilitation project to their Dwight Way Center (DWC) rehabilitation project; and 2. Execute all resultant agreements and amendments with IH for the above-mentioned funds.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,450–N.S.
7. Appointment of Priscilla Villanueva to the Board of Library Trustees From: City Manager
Recommendation: Adopt a Resolution appointing Priscilla Villanueva to the Board of Library Trustees (“BOLT”) for a term of four years beginning September 4, 2024.
Financial Implications: None
Contact: Tess Mayer, Library, (510) 981-6100
Action: Adopted Resolution No. 71,451–N.S.
Consent Calendar
Tuesday, July 23, 2024 ANNOTATED AGENDA Page 5
8. License Agreement: Masaba LLC., DBA Roaming Bean Coffee Vendor at the Waterfront
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a license agreement with Roaming Bean Coffee to operate at the Berkeley Waterfront for a three-year term, ending July 31, 2027.
Financial Implications: $11,498 - Revenue
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,452–N.S.
9. Lease Agreement: Youth Musical Theater Company for the properties at 2925 and 2945 Bolivar Drive, Aquatic Park
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Youth Musical Theater Company (YMTC) for the use and management of the City’s properties at 2925 and 2945 Bolivar Drive in Aquatic Park for a term of ten years, anticipated to begin September 1, 2024 and ending August 31, 2034, with one five-year option.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted first reading of Ordinance No. 7,930–N.S. Second reading scheduled for July 30, 2024.
10. Assembly Bill 481, 2023 Annual Military Equipment Report From: City Manager
Recommendation: Adopt a Resolution approving the 2023 Annual Military Equipment Report.
Financial Implications: Staff time
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,453–N.S.
11. Contract: Alta Planning & Design for Adeline Street Transportation Improvements Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Alta Planning & Design for Preliminary Engineering and Environmental Studies for the Adeline Street Transportation Improvements Project for an amount not-to-exceed $1,256,120.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,454–N.S.
Consent Calendar
Tuesday, July 23, 2024 ANNOTATED AGENDA Page 6
12. Contract: Buhler Commercial for FY 2023 Retaining Wall and Storm Drain Improvement Project (Specification No. 23-11616-C & 23-11614-C) From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the FY 2023 Retaining Wall and Storm Drain Improvement Project; 2. Accepting the bid of Buhler Commercial 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 project completion, in accordance with the approved plans and specifications in an amount not to exceed $1,973,708.
Financial Implications: See report.
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,455–N.S.
13. Contract No. 31900102 Amendment: Nute Engineering for On-Call Civil Engineering Services for the Sanitary Sewer Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 31900102 with Nute Engineering (Nute) for On-Call Civil Engineering Services for the Sanitary Sewer Program, increasing the contract by $500,000, for a total amount not to exceed $900,000, and extending the term of the contract from June 30, 2024 to June 30, 2025.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,456–N.S.
14. Amending the 1956 Maintenance Agreement with Caltrans to include new I-80 Gilman Interchange
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to negotiate and execute an amendment to the 1956 Freeway Maintenance Agreement between the City and Caltrans to include new I- 80/Gilman Interchange facilities.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,457–N.S.
Consent Calendar
Tuesday, July 23, 2024 ANNOTATED AGENDA Page 7
15. Change Football Game Day Parking Restrictions in Residential Preferential Parking Zones
From: City Manager
Recommendation: Adopt a Resolution modifying parking restrictions in specified Residential Preferential Parking (RPP) zones on University of California, Berkeley (UC Berkeley) home football game days as follows:
1. Remove game day parking restrictions and enforcement in RPP zones G and F north of UC Berkeley campus;
2. Allow visitor parking on game days in RPP zones B and D for up to two-hours with enhanced fines (per Resolution No. 69,089-N.S., adopted September 10, 2019, enhanced fines on football game days are $225);
3. Allow parking on game days on a one-block stretch of Bancroft Way between College Avenue and Bowditch Street for up to two-hours;
4. Allow parking on game days on College Avenue between Dwight Way and Parker Street for up to two-hours with enhanced fines;
5. Allow parking on game days on Oxford Street between Hearst Avenue and Center Street.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300, Eleanor Hollander, Economic Development, (510) 981-7530
Action: Adopted Resolution No. 71,458–N.S.
16. Lease for Office Space for the Office of the Director of Police Accountability (ODPA) at 1900 Addison Street
From: Director of Police Accountability
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a ten-year lease agreement with The Shamszad Family Living Trust for the property located at 1900 Addison Street, Suites 300 and 350, with a lease term beginning on September 1, 2024.
Financial Implications: See report
Contact: Hansel Aguilar, Police Accountability Board, (510) 981-4950 Action: Adopted first reading of Ordinance No. 7,931–N.S. Second reading scheduled for July 30, 2024.
Action Calendar – Public Hearings
Tuesday, July 23, 2024 ANNOTATED AGENDA Page 8
17. Substantial Amendments to the PY2018, PY2019, PY2020, and PY2021 Annual Action Plans to Reallocate Community Development Block Grant (CDBG) Funding to the City’s Public Facility Improvement Program From: City Manager
Recommendation: Conduct a public hearing on:
1. Substantial amendments to the federal Program Years (PY) 2018, 2019, 2020, and 2021 Annual Action Plans (AAP), which propose a total reallocation of $478,500 of Community Development Block Grant (CDBG) funds from the Senior Disabled (Home) Loan Rehabilitation Program (SDLRP) to the Public Facility Improvement Program;
2. Allocating $450,000 of the reallocated funds to Insight Housing’s (IH) existing public facility rehabilitation project at 2140 Dwight Way, and
3. Allocating $52,775 to Larkin Street Youth Services’ (LSYS) existing public facility rehabilitation project at 3404 King St ($28,500 from above reallocated funds and $24,275 from available PY 2024 funds).
Upon conclusion of the hearing, adopt a Resolution authorizing the City Manager or her designee to:
a. Approve the CDBG public facility funding allocations for two public facility improvement projects, $450,000 for IH and $52,775 for LSYS; b. Submit the Substantial Amendments to the PY 2018, 2019, 2020, and 2021 Annual Action Plans to the U.S. Department of Housing and Urban Development (HUD); and
c. Execute all resultant agreements and amendments with IH and LSYS and for the above-mentioned funds.
Financial Implications: See report.
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400
Public Testimony: The Mayor opened the public hearing. 3 speakers.
M/S/C (Arreguin/Taplin) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Tregub/Arreguin) to adopt Resolution No. 71,459–N.S.
Vote: All Ayes.
Action: M/S/C (Arreguin/Tregub) to suspend the rules and extend the meeting to 11:15 p.m.
Vote: All Ayes.
Action: M/S/C (Arreguin/Bartlett) to suspend the rules and extend the meeting to 11:25 p.m.
Vote: Ayes – Kesarwani, Bartlett, Tregub, Hahn, Lunaparra, Humbert, Arreguin; Noes – Taplin; Abstain – Wengraf.
Council Action Items
Tuesday, July 23, 2024 ANNOTATED AGENDA Page 9
18. Adopt a Resolution Approving Peaceful and Lawful Use of the Dwight Triangle as Public Open Space
From: Councilmember Lunaparra (Author)
Recommendation: Adopt a Resolution Approving Peaceful and Lawful Use of the Dwight Triangle at the intersection of Dwight Way and Telegraph Avenue as Public Open Space Pursuant to BMC chapter 6.42.
Financial Implications: None
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170 Action: 15 speakers. M/S/Failed (Lunaparra/Tregub) to adopt the resolution amended to include additional stakeholder engagement.
Vote: Ayes – Bartlett, Tregub, Lunaparra; Noes – Kesarwani, Taplin, Wengraf; Abstain – Hahn, Humbert, Arreguin.
Information Reports
19. LPO NOD: 8 Greenwood Common, #LMSAP2024-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Removed from the agenda by the City Manager.
20. Alameda County Transportation Commission Rail Safety Enhancement Program – Phase A
From: City Manager
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Removed from the agenda by the City Manager.
21. Annual Report on Landmarks Preservation Commission (LPC) Actions From: Landmarks Preservation Commission
Contact: Fatema Crane, Commission Secretary, (510) 981-7400 Action: Received and filed.
Adjournment
Adjourned at 11:25 p.m.
Communications
Bike Lane Construction
1. D.A. (2)
2. Tom
3. Julia (2)
4. Voters
Tuesday, July 23, 2024 ANNOTATED AGENDA Page 10
Traffic Control Signage
5. David Lerman
Longfellow Middle School Relocation
6. Liz Lutzker
Berkeley Federation of Teachers
7. Matt Meyer
Ohlone Dog Park
8. Ohlone Dog Park Neighbors
Fair and Open Bargaining
9. Jamie Cooney
10. Moni Law
UC Master Leasing
11. Barbara Gilbert
Aurora Theater
12. Josh
Civic Center Park
13. Anna Weinstein
Restaurant Inspection Results
14. David Lerman
Panoramic Way
15. Lisa and Ilana Handwerker (2)
16. Nick Thurlow
Café
17. Barbara Gilbert
18. Isabelle Gaston
Diversity and Inclusion
19. Moni Law
Sidewalk Safety Concern
20. Max
Lime Scooters
21. Laarni Mathias (2)
22. Summer Brenner
Tuesday, July 23, 2024 ANNOTATED AGENDA Page 11
Water Drainage
23. Maha Parameswaran
Tesla, Harrison St.
24. John Craner, CEO, Downtown Berkeley Association
Grizzly Peak Blvd.
25. Bruce Brody
Shipping Containers at 2556 Haste St.
26. Tobias Damm-Luhr
World Skate
27. Jerry Bekkers, World Skate Facility Department Director
North Berkeley Affordable Housing
28. Kim Klein
29. Dorothea Dorenz
Crime in Berkeley
30. Nina Lyons
Arson Fires
31. Barbara Gilbert
CROP Invitations
32. Eugene Dey (6)
Middle East Conflict
33. Aaron
34. Shanna Bowie
35. Jessica Kim
36. Erwan Illian (3)
37. Russbumper (2)
Towing Concern
38. William Race
Rental Board
39. Scott
Flag Hanging from Civic Building
40. Jessica Pearlman
41. Dorothea Dorenz
URLs Only
Tuesday, July 23, 2024 ANNOTATED AGENDA Page 12
42. Russbumper (6)
43. Erwan Illian
Newsletter
44. Berkeley Art Center
45. Russbumper (2)
46. Vivian Warkentin
Supplemental Communications and Reports 1
Item #17: Substantial Amendments to the PY2018, PY2019, PY2020, and PY2021 Annual Action Plans to Reallocate Community Development Block Grant (CDBG) Funding to the City’s Public Facility Improvement Program
47. Supplemental material submitted by Health, Housing, and Community Services Supplemental Communications and Reports 2
Item #15: Change Football Game Day Parking Restrictions in Residential Preferential Parking Zones
48. Alex Knox
Item #18: Adopt a Resolution Approving Peaceful and Lawful Use of the Dwight Triangle as Public Open Space
49. Revised agenda material submitted by Councilmemeber Lunaparra
50. Alex Knox
Supplemental Communications and Reports 3
Item #10: Assembly Bill 481, 2023 Annual Military Equipment Report
51. Jose D. Murrillo on behalf of the Police Accountability Board
Item #17: Substantial Amendments to the PY2018, PY2019, PY2020, and PY2021 Annual Action Plans to Reallocate Community Development Block Grant (CDBG) Funding to the City’s Public Facility Improvement Program
52. Helen Walsh (3)
Item #18: Adopt a Resolution Approving Peaceful and Lawful Use of the Dwight Triangle as Public Open Space
53. Terri Compost
54. Sylvia
55. Laura Smiley (2)
56. Stephanie Thomas
Miscellaneous Communication
57. Eid