Tuesday, September 10, 2024 ANNOTATED AGENDA Page 1
ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, September 10, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702
TELECONFERENCE LOCATION - 1404 LE ROY AVENUE, BERKELEY, CA 94708
TELECONFERENCE LOCATION – 17 E MONROE STREET, CHICAGO, IL 60603
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 . Live captioned broadcasts of Council Meetings are available on B -TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.
To access the meeting remotely use this UR L: https://cityofberkeley-info.zoomgov.com/j/1607838997. To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 783 8997 . To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email [email protected].
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 . Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.
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.
Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $250 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding.
The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 6:05 p.m.
Present: Taplin, Bartlett, Tregub, Hahn, Wengraf, Lunaparra, Humbert, Arreguin
Absent: Kesarwani
Councilmember Kesarwani present at 6:11 p.m.
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. Pledge of Allegiance
City Manager Comments:
The City Manager announced several community events including Movies in the Park at Grove Park on 9/13; Skate Jam at the Skate Park on 9/14; Poppin’ Thursday Roller Party at Gove Park on 9/19; Coastal Cleanup at Shorebird Park on 9/21.
Public Comment on Non-Agenda Matters: 10 speakers.
Public Comment by Employee Unions: 0 speakers.
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 7 speakers.
Action: M/S/C (Arreguin/Tregub) to adopt the Consent Calendar in one motion except as indicated.
Vote: Ayes – Kesarwani, Taplin, Tregub, Hahn, Wengraf, Lunaparra, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Bartlett.
Recess Items
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 3
1. Grant Application: Local Transportation Climate Adaptation Program (LTCAP) for the Interstate 80 Aquatic Park Lagoon Tidetube Culvert Resiliency Project From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to the state Local Transportation Climate Adaptation Program (LTCAP) for the Aquatic Park Tidetube Culvert Resiliency Project; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the projects and appropriation of funding for related expenses, subject to securing the grants.
Financial Implications: $3.2 million in grant revenue.
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,485–N.S.
2. Grant Application: U.S. DOT – Charging and Fueling Infrastructure Discretionary Grant – South Cove West Parking Lot Renovation and EV Charging Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to the U.S. DOT Charging and Fueling Infrastructure (CFI) Discretionary Grant program for the South Cove West Parking Lot Renovation and EV Charging Project.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,486–N.S.
Consent Calendar
3. Lot Line Adjustments at 1401 Carleton Street and 1423 Ward Street From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,932-N.S. authorizing the City Manager to execute lot line adjustments with 1401 Carleton Street and 1423 Ward Street to resolve main dwelling encroachments at the City’s Santa Fe Trackbed to Park Conversion Project Site.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted second reading of Ordinance No. 7,932–N.S.
Consent Calendar
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 4
4. Lease Agreement: Youth Musical Theater Company for the Live Oak Theater at 1301 Shattuck Ave
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,933-N.S. authorizing the City Manager to execute a lease agreement with Youth Musical Theater Company (YMTC) for the use and management of the City’s Live Oak Theater at 1301 Shattuck Avenue for a term of three years, anticipated to begin September 1, 2024 and ending August 31, 2027, with one five-year option.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted second reading of Ordinance No. 7,933–N.S.
5. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of July 8, 2024 (special), July 9, 2024 (special and regular), July 22, 2024 (special), July 23, 2024 (specials and regular), July 29, 2024 (special), July 30, 2024 (special and regular) August 5, 2024 (special).
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.
6. Contract: FileTrail, Inc. for Records Management Software System From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with FileTrail, Inc. for $178,653.47 for software licensing, maintenance, and related services for a records management software system, for a total contract amount not to exceed $178,653.47 and for the term from September 26, 2024 to September 26, 2029.
Financial Implications: General Fund - $178,653.47
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,487–N.S.
7. Voting Delegates – League of California Cities Annual Conference From: City Manager
Recommendation: Designate, by motion, a voting delegate and alternate for the General Assembly of the Annual League of California Cities conference to be held on Friday, October 18, 2024, in Long Beach.
Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Designated Councilmember Humbert as the City’s Voting Delegate.
Consent Calendar
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 5
8. City Council Rules of Procedure and Order Revisions (Reviewed by the Agenda & Rules Committee)
From: City Manager
Recommendation: Adopt a Resolution revising the City Council Rules of Procedure and Order to clarify and reorganize existing language, make technical corrections related to account for hybrid meetings; incorporate temporary provisions from Appendix C into the main body of the document; add revisions recommended by the Open Government Commission and approved by Council; Add new language and update existing language related to the legislative process recommended by the Agenda & Rules Committee; and rescinding any preceding amendatory resolutions.
Policy Committee Recommendation: To send the proposed amendments to the Rules of Procedure, as discussed and further amended on August 26, 2024, to the City Council with a positive recommendation.
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Item 8 continued to September 24, 2024.
9. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 10, 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 - $5,960,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.
10. Mental Health Services Act Fiscal Year 2025 Annual Update From: City Manager
Recommendation: Adopt a Resolution approving the Mental Health Services Act (MHSA) Fiscal Year 2025 Annual Update, which identifies uses of funds for mental health programming, and forwarding the Annual Update to appropriate State officials.
Financial Implications: See report.
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,488–N.S.
Consent Calendar
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 6
11. 2024 Local Housing Trust Fund Application
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept funds from the State of California's Local Housing Trust Fund program, in an amount not to exceed $5,000,000, and to apply such funds to the City's existing funding reservations for two projects at the North Berkeley BART (NBB) site: NBB East Bay Asian Local Development Corporation (EBALDC) Project and NBB BRIDGE Insight Permanent Supportive Housing (PSH) Project via the City's Housing Trust Fund program.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,489–N.S.
12. Contract No. 32300112 Amendment: Harold Dichoso for COVID-19 Outreach and Education
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to amend Contract No. 32300112 with Harold Dichoso, to extend the contract end date through June 30, 2025 and increase the not-to-exceed amount (NTE) by $63,928 utilizing one-time grant funds. The amendment will increase the NTE amount from $144,950 to $208,878.
Financial Implications: One-Time Fund - $63,928
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,490–N.S.
13. Contract No. 32200135 Second Amendment: Multicultural Institute for COVID- 19 Outreach and Education
From: City Manager
Recommendation: Adopt a Resolution amending Contract No. 32200135 with Multicultural Institute, to extend the contract end date through June 30, 2025, and increase the not-to-exceed amount (NTE) by $45,136 utilizing one-time grant funds.
The amendment will increase the NTE amount from $186,000 to $231,136.
Financial Implications: One-Time Fund - $45,136
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Moved to Action Calendar. M/S/C (Tregub/Lunaparra) to adopt Resolution No. 71,491–N.S.
Vote: Ayes – Kesarwani, Taplin, Tregub, Hahn, Wengraf, Lunaparra, Humbert; Noes – None; Abstain – None; Absent – Bartlett, Arreguin (Recused).
Consent Calendar
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14. Contract No. 32500020 Amendment: ACAPMO for Technology PMO Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32500020 with company ACAPMO for Technology Program/Project Management Office (PMO) services, to allow for additional services and support for a total not to exceed $249,999 from August 1, 2024 to December 31, 2025.
Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,492–N.S.
15. Contract No. 31900187 (Fund$ 10734) Amendment: ISP.NET (formerly LV.NET) for Secondary Internet for Redundancy and Load Balancing From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 31900187 (Fund$ 10734) with ISP.NET (formerly LV.NET) for redundant secondary internet services, increasing the contract amount by $84,000 for a total not-to-exceed amount of $362,000 from October 3, 2017 to June 30, 2026.
Financial Implications: Communications Services Fund - $84,000 Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,493–N.S.
16. Contract No. 32100185 Amendment: Digital Hands for Cybersecurity Event Monitoring and Security Information and Event Management (SIEM) From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32100185 with Digital Hands, for Cybersecurity Event Monitoring and Security Information and Event Management (SIEM), increasing the contract by $1,037,372 for an increased total not to exceed amount of $2,033,489, from May 14, 2021 to June 30, 2027.
Financial Implications: IT Cost Allocation Fund - $1,037,372 Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,494–N.S.
17. Contract No. 114159-1 Amendment: Tyler Technologies, Inc. for Computer Aided Dispatch (CAD) Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 114159-1 with Tyler Technologies, Inc. for an extension of the maintenance and support of Computer Aided Dispatch (CAD) software, increasing the amount by $645,173 for a total contract value not-to-exceed $2,934,123, and extending the term of the contract through June 30, 2026.
Financial Implications: General Fund - $645,173
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,495–N.S.
Consent Calendar
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18. Contract: With Roundstone Solutions Inc., an implementer of Nutanix Hyperconverged Technologies: Using State of California Department of General Services (DGS) Leveraged Procurement Agreement (LPA) for hardware, software, and services related to the Server Infrastructure Upgrade and Azure Disaster Recovery
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Contract with Roundstone Solutions Inc., an implementer of Nutanix Hyperconverged Technologies, for the purchase of server hardware, software, and related services for a server infrastructure upgrade and disaster recovery enhancements, utilizing pricing established by the State of California Department of General Services (DGS) Leveraged Procurement Agreement (LPA), for a total amount not to exceed of $1,395,000 for the term August 1, 2024 through July 31, 2027.
Financial Implications: IT Cost Allocation Fund - $1,395,000 Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,496–N.S.
19. Contract No. 32000223 Amendment: Gray Quarter, Inc. for Accela Professional Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000223 with Gray Quarter, Inc. for professional services, increasing the amount by $50,000, for a total not-to-exceed amount of $299,500 through July 31, 2025.
Financial Implications: IT Cost Allocation - $50,000
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,497–N.S.
20. Dell Computers, Inc.: Contract # 319002070-Using County of Riverside Amendment No. 1 to the Licensing Solution Provider Agreement with Dell Marketing L.P. for Computer Hardware and Software Purchases From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase spending authority with Dell Computers, Inc. for the purchase of computer and server hardware, software, and related services, utilizing pricing and contracts, amendments, and extensions from the County of Riverside Amendment No. 1 to the Licensing Solution Provider for the period beginning November 1, 2019 through October 31, 2025 for an additional amount of $1,704,438 in Fiscal Year 2025 with a total Not-To-Exceed (NTE) contract amount of $5,411,676.
Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,498–N.S.
Consent Calendar
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 9
21. Contract No. 099471-1 Amendment: Integrated Business Consultants of GA to Extend Term, Maintenance & Support for the PacSoft Marina Management System
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 099471-1 with Integrated Business Consultants of GA (“Reseller”) for: (1) additional software maintenance and (2) twenty (20) additional support hours, in an amount not to exceed $16,906.61 for a new not to exceed contract amount of $100,359.61, and extending the contract term through June 30, 2027.
Financial Implications: Marina Operations Fund - $16,906.61 Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,499–N.S.
22. Contract No. 32400029 Amendment: Baldoni Construction Services, Inc. for Echo Lake Camp Accessibility Upgrades
From: City Manager
Recommendation: Adopt a Resolution increasing the amount for Contract No. 32400029 with Baldoni Construction Service, Inc. for the Echo Lake Camp Accessibility Upgrades Project by $120,000 for a total not to exceed amount of $556,954.
Financial Implications: General Fund - $120,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,500–N.S.
23. Donation: Memorial Bench at the Berkeley Waterfront Pathway in memory of Ying Xiang Liu
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Waterfront Pathway in memory of Ying Xiang Liu.
Financial Implications: $3,400 (donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,501–N.S.
24. Donation: Memorial Bench at the Berkeley Waterfront in memory of Obaidulla Khan
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Waterfront in memory of Obaidulla Khan.
Financial Implications: $3,400 (donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,502–N.S.
Consent Calendar
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 10
25. Mills Act Contract – 1401 Le Roy Avenue
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Michael Greenwald and Ronna Bach for the City Landmark property at 1401 Le Roy Avenue.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Moved to Action Calendar. M/S/C (Arreguin/Hahn) to adopt Resolution No. 71,503–N.S.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, Hahn, Lunaparra, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Wengraf (Recused).
26. Mills Act Contract – 60 Panoramic Way
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Jordan Kanarek and Gabrielle Goldstein for the City Structure of Merit property at 60 Panoramic Way.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 71,504–N.S.
27. Mills Act Contract – 7 Greenwood Common
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Mills Act contract with Anne and Michael Ray for the City Landmark property at 7 Greenwood Common.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Moved to Action Calendar. M/S/C (Arreguin/Hahn) to adopt Resolution No. 71,505–N.S.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, Hahn, Lunaparra, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Wengraf (Recused).
28. Donation: Fusako Castro Estate to the Berkeley Police Department From: City Manager
Recommendation: Adopt a Resolution accepting a donation in the amount of $1,125.42 from the Fusako Castro Estate to the Berkeley Police Department.
Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,506–N.S.
Consent Calendar
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 11
29. Contract: All-Star Talent for Recruiting, Advertising, and Marketing Strategy for the Berkeley Police and Fire Departments
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with All-Star Talent for public safety recruiting and retention services from June 1, 2024 through May 30, 2028 and a not to exceed $1,313,482 with an option to extend for two additional two-year periods.
Financial Implications: Various Funds - $1,313,482
Contact: Jennifer Louis, Police, (510) 981-5900, David Sprague, Fire, (510) 981- 3473
Action: Adopted Resolution No. 71,507–N.S.
Vote: Ayes – Kesarwani, Taplin, Tregub, Hahn, Wengraf, Humbert, Arreguin; Noes – None; Abstain – Lunaparra; Absent – Bartlett.
30. Revenue Grant: California Office of Traffic Safety (OTS) for the 2025 “Selective Traffic Enforcement Program (STEP) Grant
From: City Manager
Recommendation: Adopt a Resolution authorizing the Chief of Police to accept the "Selective Traffic Enforcement Program (STEP)" grant and enter into the resultant grant agreement and any amendments, with the California Office of Traffic Safety.
This OTS grant is for $255,000 for the period of October 1, 2024 through September 30, 2025, which is Federal Fiscal Year 2025.
Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 71,508–N.S.
31a. Recommendation Regarding Panoramic Hill Secondary Evacuation (Reviewed by the Public Safety Committee)
From: Disaster and Fire Safety Commission
Recommendation: Adopt a Resolution approving the development of a plan that includes a feasibility study and identification of funding sources for the construction of an emergency secondary egress road on Panoramic Hill. Such a plan could include discussions between the City of Berkeley, the City of Oakland, UC Berkeley, East Bay Regional Parks District and Alameda County and should also provide for continued contact with the Disaster and Fire Safety Commission (DFSC) as well as other related Berkeley Commissions as the Council determines.
Policy Committee Recommendation: To send the Commission item and the City Manager Companion Report to Council, and giving a positive recommendation to the City Manager Companion Report for City Council to adopt a Resolution directing the Fire Department to reach out to other impacted landowners to determine interest in pursuing, and coordinate costs sharing to conduct a feasibility study to identify a safe secondary evacuation and access route for the access impaired Panoramic neighborhood.
Financial Implications: See report
Contact: Keith May, Commission Secretary, (510) 981-3473 Action: Adopted Resolution No. 71,509–N.S.
Consent Calendar
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 12
31b. Companion Report: Recommendation Regarding Panoramic Hill Secondary Evacuation (Reviewed by the Public Safety Committee)
From: City Manager
Recommendation: Adopt a Resolution directing the Fire Department to reach out to other impacted landowners to determine interest in pursuing, and coordinate costs sharing to conduct a feasibility study to identify a safe secondary evacuation and access route for the access impaired Panoramic neighborhood. The results of the study should then be shared with the Public Safety Policy Committee.
Policy Committee Recommendation: To send the Commission item and the City Manager Companion Report to Council, and giving a positive recommendation to the City Manager Companion Report for City Council to adopt a Resolution directing the Fire Department to reach out to other impacted landowners to determine interest in pursuing, and coordinate costs sharing to conduct a feasibility study to identify a safe secondary evacuation and access route for the access impaired Panoramic neighborhood.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,510–N.S.
32. Request for One Additional Meeting in 2024 due to Special Meeting to Address Insight Housing Allocation
From: Homeless Services Panel of Experts
Recommendation: That Council recommend to refer to the City Manager that one additional meeting be granted to the Homeless Services Panel of Experts (HSPE) in 2024.
Financial Implications: See report
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400 Action: Approved recommendation.
33. Official Naming of the Concrete Planter at the Southeast Corner of Adeline St and Alcatraz Ave as the “Ms. Richie and Friends of Adeline Native Garden” From: Parks, Recreation and Waterfront Commission
Recommendation: Adopt a Resolution officially naming the concrete planter at the southeast corner of Adeline St and Alcatraz Ave as the “Ms. Richie and Friends of Adeline Native Garden”.
Financial Implications: None
Contact: Roger Miller, Commission Secretary, (510) 981-6700 Action: Adopted Resolution No. 71,511–N.S.
Council Consent Items
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34. Amending BMC 7.52.060 to include “Wildfire Hardening” in the Real Property Transfer Tax Exceptions
From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt the first reading of an Ordinance to amend Berkeley Municipal Code 7.52.060, Real Property Transfer Tax Exceptions, by adding Sub- section L, Wildfire Hardening, below Sub-section K, Seismic Upgrades.
Financial Implications: To be determined
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Adopt first reading of Ordinance No. 7,934–N.S. as revised in Supplemental Communications Packet #2 by Vice-Mayor Wengraf. Second reading scheduled for September 24, 2024.
35. AC Transit Draft Final Plan
From: Councilmember Wengraf (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Send a letter to AC Transit urging them to reconsider the frequency of service for bus lines 65 and 67 including restoration of weekend service.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Councilmember Humbert added as a co-sponsor. Approved recommendation.
Action Calendar – Public Hearings
36. Ambulance Transport Fee Increase
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution adjusting the Ambulance User Fee to match Alameda County’s approved ambulance user fee schedule made effective July 1, 2024, for the Cities of Alameda, Albany, Berkeley, and Piedmont and to adjust the First Responder Fee. The increase would be included as an updated addendum to the Ambulance Provider Agreement, and rescinding Resolution 71,063–N.S.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Public Testimony: The Mayor opened the public hearing. 2 speakers.
M/S/C (Arreguin/Tregub) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Arreguin/Taplin) to adopt Resolution No. 71,512–N.S.
Vote: All Ayes.
Recess 7:19 p.m. – 7:34 p.m.
Council Action Items
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 14
37. Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods and Related First Reading of Ordinance Amending Chapter 14.48 of the Berkeley Municipal Code
From: Councilmember Kesarwani (Author), Councilmember Wengraf (Co- Sponsor)
Recommendation: Adopt a resolution affirming that the City of Berkeley will continue to offer interim housing (i.e., a shelter offer, with a preference for non-congregate options) when closing encampments, in accordance with the City’s existing “Housing First” approach and best practices guidance from the federal government. In order to account for nuanced health and safety situations, the resolution allows for six specific exceptions to this practice, based on City staff experience.
Offering shelter and housing to homeless individuals is considered a best practice, according to the United States Interagency Council on Addressing Homelessness. It will continue to be the City’s practice to make shelter offers whenever practicable and to invest in more shelter options. However, in the event that the City cannot make a shelter offer, then the City Manager is nonetheless authorized to enforce, including the use of citation and arrest, only under the following circumstances:
-The Fire Department has determined that an encampment poses a fire hazard or emergency condition as referenced in the Berkeley Fire Code, Berkeley Municipal Code (BMC) Chapter 19.48; or
-The Environmental Health Division of the Health, Housing and Community Services Department has determined that the encampment poses an imminent health hazard as defined in BMC section 11.36.030; or
-The City has determined that a situation constitutes a public nuisance as defined in the BMC and is subject to an abatement pursuant to the BMC; or -The encampment is located on a City street median, in the roadway, or otherwise in dangerous proximity to traffic pursuant to BMC section 14.32.040; or -The encampment is located in an area where the City has authorized work (such as for construction, major or minor encroachments, etc.) pursuant to BMC section
13.36.045; or
-The encampment interferes with or impedes city or utility companies’ construction or maintenance activities in the public right-of-way, street lighting installation or repair, street tree maintenance, or utilities maintenance or repair.
The City Manager is authorized to take enforcement actions to deter re-encampment (after clearing an encampment involving any of the six instances enumerated above) through such means as hardscaping; signage that references state Penal Code Section 647(e) ; or citation and arrest, even if a shelter offer cannot be made.
Adopt revisions to BMC Chapter 14.48 (Ordinance No. 7632) on miscellaneous use of streets and sidewalks to delete portions of 14.48.020, 14.48.120A and 14.48.120B in order to give the City Manager authority to make conforming changes to Administrative Regulation 10.2 to effectuate the above-stated encampment policy.
Administrative Regulation 10.2 Regulating Temporary Non-Commercial Objects on Sidewalks and In Parklets Pursuant to BMC 14.48.120 is to be revised by the City Manager to enable enforcement of temporary non-commercial objects of less than nine-square-feet within less than 24 hours in a designated public area marked with
Council Action Items
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 15
signage to deter re-encampment.
Financial Implications: None
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110
Recess 9:35 p.m. – 9:56 p.m.
Action: M/S/C (Arreguin/Hahn) to suspend the rules and extend the council meeting to 11:30 p.m.
Vote: All Ayes.
Action: M/S/Failed (Hahn/Bartlett) to:
1) Direct the City Manager to enforce the current policy for temporary non- commercial items, as written, at the two West Berkeley encampments and any other severely and consistently impacted locations;
2) Adopt first reading of the ordinance proposed in the agenda item; and 3) Refer to the City Manager the concepts in this item, the comments received from homeless services providers, and the comments of the Council; and request that the City Manager return to Council with a carefully nuanced item, with the effective policy that articulates our affirmative commitments to shelter services and long- term housing; and that provides a clear and more limited set of circumstances, where we might enforce our rules against large and persistent accumulations of materials.
Vote: Ayes – Bartlett, Tregub, Hahn; Noes – Kesarwani, Taplin, Wengraf, Lunaparra, Humbert, Arreguin.
Action: 85 speakers. M/S/Carried (Kesarwani/Humbert) to:
1) Adopt Resolution No. 71,513–N.S. with the Resolved clauses amended to read:
NOW THEREFORE, BE IT RESOLVED that the City of Berkeley will continue to offer interim housing (generally a shelter offer, with a preference for non-congregate options) when closing encampments, whenever practicable, in accordance with the City’s existing “Housing First” approach and best practices guidance from the federal government;
BE IT FURTHER RESOLVED, in the event that the City Manager determines that cannot make a shelter offer is not practicable, then the City Manager is nonetheless authorized to enforce state and local laws, including the use of citation and arrest, only to address under the following specific circumstances:
● The Fire Department has determined that an encampment poses a fire hazard or emergency condition as referenced in the Berkeley Fire Code, BMC Chapter
19.48; or
● The Environmental Health Division of the Health, Housing and Community Services Department has determined that the encampment poses an imminent health hazard as defined in BMC section 11.36.030; or
● The City has determined that a situation constitutes a public nuisance as defined in the BMC and is subject to an abatement pursuant to the BMC; or
Council Action Items
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 16
● The encampment is located on a City street median, in the roadway, or otherwise in dangerous proximity to traffic pursuant to BMC section 14.32.040; or ● The encampment is located in an area where the City has authorized work (such as for construction, major or minor encroachments, etc.) pursuant to BMC section
13.36.045; or
● The encampment interferes with or impedes city or utility companies’ construction or maintenance activities in the public right-of-way, street lighting installation or repair, street tree maintenance, or utilities maintenance or repair.
BE IT FURTHER RESOLVED, the City Manager is authorized to take enforcement actions to deter re-encampment (after clearing an encampment involving any of the six instances enumerated above) through such means as hardscaping; signage that references state Penal Code Section 647(e); and/or enforcement through applicable state and local laws citation and arrest, even if a shelter offer is not practicablecannot be made.
BE IT FURTHER RESOLVED, that the City Council determines that the Harrison Corridor (Harrison Street between Ninth and Seventh Streets, including Eighth Street north of Harrison) and the Second and Cedar area (Second Street between Cedar and Page, Cedar from Eastshore Highway to Fourth, and on Page and Jones Streets west of Fourth) meet all six health and safety exceptions as proscribed by the above-stated policy and should therefore be prioritized for enforcement.
2) Adopt first reading of Ordinance No. 7,935–N.S. Second reading scheduled for September 24, 2024.
3) Refer to City Manager to draft a public memo to clarify and explain the existing practices of City staff for engagement and outreach to service providers and the encampments prior to any kind of enforcement action that is contemplated in this item.
Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, Hahn, Wengraf, Humbert, Arreguin; Noes – Lunaparra.
Information Reports
38. 2024-25 Housing Advisory Commission Work Plan
From: Housing Advisory Commission
Contact: Mike Uberti, Commission Secretary, (510) 981-7400 Action: Received and filed.
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 17
Adjournment
Action: M/S/C (Arreguin/Hahn) to suspend the rules and adjourn the meeting.
Vote: All Ayes.
Adjourned at 11:19 p.m.
Communications
Item #37: Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods and Related First Reading of Ordinance Amending Chapter
14.48 of the Berkeley Municipal Code
1. Caroline Winnett
2. Tom Parrish
3. Steve Kromer
4. Peg Bogle
5. Jacques Janson
6. Dixon Brooke
7. Mary Law
8. Phil Allen
9. Chris Schalis
10. Steven S.
11. Gary Shoyama
12. Chia Zau
13. Dorothea Dorenz
14. David Rosen
15. Jim Liefer
16. Mark Rhoades
17. Mel
18. Tylee Holden
19. John Norheim
20. Susan Andres
21. Fabian Goericke
22. 48 Similarly-worded form letters
Specificity of Agenda Item Descriptions
23. Kitt Saginor, Chair, Open Government Commission
Mitigation Plan
24. Mary BehmSteinberg
25. Susan Schwartz, President, Friends of Five Creeks
Zoning Concerns
26. John J. Parman
27. Elke Glendenning
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 18
28. Clifford Fred
29. Joe Schlessinger
30. Miki Tal
31. James Cline
32. Arlene Taylor
33. Betsy Bigelow-Teller
34. Susan Nunes Fadley (2)
35. Audre Newman
36. Tyler Kennedy
37. Dean Pollycove
38. Taya Monfried
39. Dorothea Dorenz
40. Gwen Martini
41. Lisa Bruce
42. John Rice
43. Rachel Bradley
44. Laurent de Janvry
45. Kathy Dittmer
46. Mary Louise Zernicke
Traffic Concerns
47. Amantuck Cappa-Lambert
Public Funds
48. David Lerman
East Bay Kidical Mass Invitation
49. Marc Hedlund
Flag Concerns
50. Michael J. Cassidy
51. Dorothea Dorenz
Containers at 2556 Haste St.
52. Jennifer Frehn
Wildlife Population
53. Erin Williams
Residential Parking Permit
54. John J Brogan
Police Review Commission
55. Alan Jencks
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 19
Construction Debris
56. Chess Club
New Housing Concern
57. Ken Bukowski
Delaware Streets ADU
58. Leif White and Felisa Ramirez
New Tax Proposals
59. Gregory Harper
Rent Stabilization Ordinance Revisions
60. Toni Mester
Cedar Rose Park
61. Carol Hirth
BPD’s Policy 300 Community Input Sessions
62. Office of the Director of Police Accountability (2)
Blocked Sidewalk Concern
63. Neighbors on 5th Street
Diverter Visibility
64. Alfred Twu
65. Warren J. Wells
Russell/Milvia Junction
66. Andy Verity
Small Landlords
67. Elliot Abrams
Berkeley Day Camp
68. Kendra K. Levine
Appliance Upgrades
69. Nicole Bloom & Sue Swigart
Natural Gas
70. Ghawar Camij Toschian
People’s Park
71. Gabriel Cornejo
72. Russbumper
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 20
73. Paul Kealoha Blake
School Safety Programs
74. Dorothea Dorenz
Garbage Cans at Codornices Park
75. Katherine Silver
Safety Concerns
76. Katya and Unity Stoakes
77. Dr. Bruce Brody
Reusable Air Filters
78. Christopher La Combe
Rental Regulatory Agreement
79. Alex S. Merenkov
Restaurant Inspections
80. Barbara Gilbert
81. David Lerman
82. Sabina McMurtry
CA Senate Bill 4
83. Shane Bohart
UA Theater
84. Mimi Moungovan
85. Charlene Woodcock (2)
86. Constance Rivemale
87. James Hudkins
88. Mischa Lorriane
89. T.T. Nhu
90. Diana Naparst
91. Salli Lundgren
92. Allen Michaan
93. Laura Linden
Longfellow Middle School
94. Liza Lutzker
95. Wahid Amiri
San Pablo Ave
96. Caramia Visick
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 21
Vandalism
97. Tim O’Brien
Police Accountability
98. Carol Denney (2)
Berkeley Post Office
99. Michael Martel
K Street Flats
100. Devisadaria Duchine
Chevron
101. Leslie West
Housing and Health Concern
102. Anne McClintock
Stadiums
103. Josh Atwood
Sylvia Mendez Air Quality
104. Carrie Rybczynski
105. Sara Peschel and Troy Martinez
106. Maria Carriedo (2)
TOPA
107. Jean Tepperman Tepperman
108. Tahira Dean
Veteran Blog
109. William T. Elliot
Lorin Commercial District
110. Teresa Clarke
Email Request
111. Pat Wilde
Presidential Election
112. Russbumper (2)
113. David L. Axelrod
114. Arthur Fonseca
Middle East Conflict
115. Russbumper (8)
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 22
116. Erwan Illian (12)
117. Crustyrusty
118. Nora Shourd
119. Elana Auerbach
Newsletters
120. Vivian Warkentin
121. Erwan Illian (9)
122. Josh Atwood
URL’s
123. Russbumper (37)
124. Josh Atwood
125. Erwan Illian
Supplemental Communications and Reports 1
Item #37: Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods and Related First Reading of Ordinance Amending Chapter 14.48 of the Berkeley Municipal Code
126. Colleen Yamada
127. Tylee Holden
128. 9 Similarly-worded form letters
Supplemental Communications and Reports 2
Item #31a: Recommendation Regarding Panoramic Hill Secondary Evacuation (Reviewed by the Public Safety Committee)
Item #31b: Companion Report: Recommendation Regarding Panoramic Hill Secondary Evacuation (Reviewed by the Public Safety Committee) 129. Janice Thomas
130. Michael Kelly on behalf of the Panoramic Hill Association Item #34: Amending BMC 7.52.060 to include “Wildfire Hardening” in the Real Property Transfer Tax Exceptions
131. Revised agenda material submitted by Vice Mayor Susan Wengraf Item #37: Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods and Related First Reading of Ordinance Amending Chapter 14.48 of the Berkeley Municipal Code
132. Toni Mester
133. Bobbi Fabian
134. Anne Fletcher
135. Dorothea Dorenz
136. Eric Johnson
137. Cassandra Turgman
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 23
138. Scott Robinson
139. Stephanie Baron
140. Bill Berland
141. Xy Indigo Golden
142. Daniel Clancy
143. Maricar Almeda
144. Susan Schwartz, President, Friends of Five Creeks
145. Melissa Matheney
146. Alfred Twu
147. Jared Hammond
148. Asano Fertig and James Apriletti
149. Kasara Mena
150. Josh Jacobs on behalf of the Homeless Services Panel of Experts Commission
151. Martin F Guerrero
152. Phillip Sanders
153. Aimee Baldwin
154. Aran Kaufer
155. Dominic Valerian
156. Chris Chase
157. Tim Daniels
158. Janice Schroeder
159. Beverly Libaire
160. Christine U’Ren
161. Scott Abbott
162. Terri Fashing
163. Rick Smith
164. Justin Remais
165. Nora Daly
166. Martha Duncan
167. James Pirie on behalf of Susan Libby
168. Brad Smith
169. David Epstein (2)
170. Douglas Smith
171. Molly Miller
172. Emily Winston
173. Rachel Bradley
174. D. Miller Wise
175. Jeff Fenigstein
176. Diana Bohn
177. Barbara Rydlander
178. Susie Medak
179. Pamela Blair
180. Dr. R. H. Fish
181. Carol Valk
182. Andrea Satir
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 24
183. Laura Katz
184. Brian Gilbane
185. Mike Bank
186. John Rice
187. Michael Lewis
188. Susan Frankel and Moshe Maler
189. Nancy Genn
190. Rachel Tobey
191. Alan Block
192. Meryl & Aimee
193. Michele Lawrence
194. Gina Reiger
195. Sandy Simon
196. Dave Kent
197. Norman Postone
198. Varun Paul
199. Thomas Herrmann
200. Peter Levitt
201. Sherry Keith
202. Jo Ann Driscoll
203. Christopher Reiss
204. Jake Teitelbaum
205. Joan Adams
206. Richard Maisel
207. Mark Mueller
208. Dorothea Dorenz
209. Sabyl Landrum
210. 22 Similarly-worded opposing form letters
211. 134 Similarly-worded supporting form letters
Supplemental Communications and Reports 3
Item #8: City Council Rules of Procedure and Order Revisions (Reviewed by the Agenda & Rules Committee)
212. Kitt Saginor
Item #37: Encampment Policy Resolution to Promote Healthy and Safe Neighborhoods and Related First Reading of Ordinance Amending Chapter 14.48 of the Berkeley Municipal Code
213. Sivan Orr
214. Mary Behm-Steinberg
215. Rina Margolin
216. Jack von Euw
217. Fred Krieger
218. Emrad Radek
219. Leigh Stewart
220. J Moore
221. Molly Rosenthal
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 25
222. Kevin Jones
223. Julie Greer
224. Sandra Smith
225. Todd Jersey
226. DeAnna Dalton
227. Eric Mason (2)
228. Nancy Rader
229. Jonathan Bachrach
230. Rev. Sophia DeWitt
231. Michael Lonergan
232. Carol Thornton
233. Gib Cattanach
234. Nathaniel Emodi
235. Lee Bishop
236. Claudia Kawczynska
237. Chip Harley
238. Joshua Greene
239. Fatima Espejo
240. Mark Merritt
241. Alan Kiviat
242. Elana Auerbach
243. Ellen Lewis
244. Alison Christiana
245. Chris Hudson
246. Katy Andrews
247. Erica Leverett
248. Jenny Wenk
249. Yesica Prado and Gordon Gilmore on behalf of the Berkeley Homeless Union
250. Ginger Ogle
251. Itamar Landau
252. Jason McGatlin
253. Perry Ko
254. Tatiana Davis
255. Mike Roche
256. Ben Buettner
257. Sam Kaplan Pettus
258. Claudia Benton
259. Juliet Leftwich
260. Susan McKay
261. Joan Wager
262. Carrie Gray
263. Maren Bell
264. Jill McIntire
265. Jorie Heilman
266. Diane Tokugawa
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 26
267. Ken Krich
268. Wende Micco and Guy Micco
269. Sylvia
270. Pam Shandrick
271. Tom Attar
272. Elizabeth Pulling
273. David Rosenthal
274. Lynda Caesara
275. Peter DiMaria
276. Lynn Bradley
277. Maria Yates
278. Linda Franklin
279. Veronica King
280. Dan White
281. Jack Kurzweil
282. Jason Gentry
283. Liz Ruhland
284. Josh Buswell-Charkow
285. Matthew Barry
286. Matt Weber
287. Criss Hartzell
288. Cameron Woo
289. Laila Hamidi
290. Becca Freed
291. Karl Knobler
292. Jaime Perkins
293. Olivia deBree
294. Richard Marcus
295. Eva Herzer
296. Rowena Carlson
297. John Niles
298. Barbara
299. Madeline Feingold
300. Laura Cornwall
301. Kristine Dixon
302. Vanessa Moraga
303. Walter Wood
304. Robert Girling
305. John M. Rea
306. Carol Sutton
307. Tony Warwick
308. Andrew Coggiola
309. CC Miksza
310. Bhima Sheridan
311. Irene Rice (2)
312. Irene Brydon
Tuesday, September 10, 2024 ANNOTATED AGENDA Page 27
313. Martin Nicolaus
314. G. Vollmer
315. Jacque Ensign
316. Francie Shaw
317. Kathy Farley
318. Stephanie Antalocy
319. Chris Hamilton
320. Meryl & Aimee
321. Rich Walkling
322. Erika Shore
323. Lucas Woodward
324. Sheryl Drinkwater
325. Kathy Ritter
326. Carol Min
327. Ellen Franzen
328. Steven Donaldson
329. Christine Hayamizu
330. Sylvia Soriano
331. Christine Mukai
332. Lauren Ankersmit
333. John Rutherford
334. Abbot Foote
335. Leonard Gilbert
336. Kate Kirkhuff
337. Judith Forrest
338. Rowyn McDonald
339. 14 Similarly worded form letters in support if amended 340. 20 Similarly worded form letters to oppose
341. 79 Similarly worded form letters in support
Miscellaneous Communications
342. Eid (4)