Tuesday, October 1, 2024 ANNOTATED AGENDA Page 1
ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, October 1, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702
TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 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 – 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/1611781735. 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: 161 178 1735 . 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 o fficer 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 reason able 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, October 1, 2024 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 6:09 p.m.
Present: Kesarwani, Taplin, Tregub, Hahn, Wengraf, Lunaparra, Humbert, Arreguin
Absent: Bartlett
Councilmember Bartlett present at 6:13 p.m.
Report from Closed Session
City Council met in closed session on September 30, 2024, pursuant to Government Code Section 54956.9(d)(2) to:
1) Provide direction to outside counsel and approve 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: ADJ19391581 and ADJ15774154.
2) Provide direction to outside counsel and approve a stipulated settlement of permanent disability with an Award of lifetime future medical care, as to a workers’ compensation matter WCAB Case Numbers: ADJ11251943, ADJ14359848 and ADJ19087904.
3) Provide direction to outside counsel and approve 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: ADJ15258918 and ADJ15259424.
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 the Indigenous People’s Day Pow-Wow and Indian Market, October 12, 2024 City Manager Comments: None
Public Comment by Employee Unions: 1 speaker.
Tuesday, October 1, 2024 ANNOTATED AGENDA Page 3
Public Comment on Non-Agenda Matters: 11 speakers.
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 16 speakers.
Action: M/S/C (Arreguin/Hahn) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
1. Unrepresented Employee Manual Amendments for Measure KK Compliance From: City Attorney
Recommendation: Adopt a Resolution authorizing the amendment of the Unrepresented Employee Manual to conform to Section 113 of the City Charter (Measure KK).
Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 71,519–N.S.
2. Grant Application: Regional Measure 3: 2025 Safe Routes to Transit and Bay Trail Program for the Bay Trail Extension
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the Metropolitan Transportation Commission (MTC) Regional Measure 3: 2025 Safe Routes to Transit and Bay Trail Program (SR2TBT) for the fourth phase of the Berkeley Bay Trail Extension Project for up to $4 Million; accept the grants if awarded, and execute any resulting agreements and amendments.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,520–N.S.
3. Grant Contract: Housing and Urban Development (HUD) for the African American Holistic Resources Center Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to accept the U.S. Department of Housing and Urban Development (HUD) grant for the African American Holistic Resources Center Project in the amount of $1,000,000, execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the pre-construction work and appropriation of funding for related expenses, subject to securing the grants.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,521–N.S.
Consent Calendar
Tuesday, October 1, 2024 ANNOTATED AGENDA Page 4
4. Amending the Berkeley Hazardous Materials and Waste Management Code From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 15.12, Berkeley Hazardous Materials and Waste Management.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopt first reading of Ordinance No. 7,936–N.S. Second reading scheduled for October 15, 2024
5. Grant Applications: Regional Measure 3: Safe Routes to Transit and Bay Trail Program
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to submit grant applications to the Metropolitan Transportation Commission (MTC) Regional Measure 3: 2025 Safe Routes to Transit and Bay Trail Program (SR2TBT) for the following projects: Southwest Berkeley Bike Boulevards for up to $4 million; Adeline Street Quick-Build for up to $1.05 million; accept the grants if awarded, and execute any resulting agreements and amendments.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,522–N.S. (Bike Boulevards) and Resolution No. 71,523–N.S. (Quick-Build).
Council Consent Items
6. Budget Referral and Technical Support for La Peña Cultural Center From: Councilmember Hahn (Author), Councilmember Humbert (Author), Councilmember Bartlett (Author)
Recommendation:
1. Direct the City Manager to work with La Peña Cultural Center to offer support during a post-pandemic time of temporary 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 La Peña Cultural Center with any potential outside resources and funding.
2. Refer to the November Budget Process a one-time emergency grant of $150,000 to La Peña Cultural Center, pending an evaluation of the organization’s current financial situation and plans for long term recovery by the City’s Economic Development and Civic Arts team.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Approved recommendation as revised in Supplemental Communications Packet #1 to add Councilmember Lunaparra as a co-sponsor.
Tuesday, October 1, 2024 ANNOTATED AGENDA Page 5
Action Calendar – New Business
7. Resolution Name a City of Berkeley Major Street in Honor of Daniel Ellsberg From: Peace and Justice Commission
Recommendation: Adopt a Resolution that the City of Berkeley Council name a Berkeley major street in honor Daniel Ellsberg to serve as an ongoing reminder of Berkeley’s commitment to peace.
Financial Implications: None
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100 Action: Moved to the Consent Calendar to refer the item to the Transportation and Infrastructure Commission for evaluation under the City’s naming policy for public facilities.
Public Comment – Items Not Listed on the Agenda – 0 speakers.
Adjournment
Action: M/S/C (Arreguin/Hahn) to adjourn the meeting.
Vote: All Ayes.
Adjourned at 7:31 p.m.
Communications
Item #6: Budget Referral and Technical Support for La Peña Cultural Center
1. Six similarly-worded form letters
URL’s
2. Russbumper (2)
UA Theater
3. 29 Similarly-worded form letters
Burrowing Owls
4. Mary Price
5. Crystal Brunzell
6. Basho
7. Anita Pereira
8. Martin Nicolaus
9. Pamela Michaud
10. Mari Metcalf
Encampment Policy Concerns
11. Pacia Sallomi
12. Suzanne P. McKee
Tuesday, October 1, 2024 ANNOTATED AGENDA Page 6
13. Susan Kaplan
14. Julia Frantz
15. Heather Mulhall
16. William
17. Becca Freed
18. Peter Ross
19. Meryl & Aimee
20. Fran Haselsteiner
21. Eric Friedman
Courtesy Notice
22. Ilan Wurman
Cal-Sailing & J-Dock
23. Gordon Stout
24. Ben Lee
25. Camille Antinori
26. Edward Schlesinger
27. Ernest Galvan
28. Kevin Williams
29. 27 Similarly-worded form letters
Rehabilitative Services
30. Lucia Hammond
Check Cashing
31. Alexander Merenkov
Chess Club Construction Concern
32. Jesse Sheehan
Middle Housing
33. Jim McGrath
Council Meeting Concerns
34. 16 Similarly worded-form letters
Keepers of the Creek
35. Mark Merritt
Public Comment Concern
36. Russbumper
Panoramic Hill
37. Janice Thomas
Tuesday, October 1, 2024 ANNOTATED AGENDA Page 7
Zoning Conerns
38. John J. Parman
TOPA
39. Julie Holland
Police Accountability Board Texting Item
40. Kandea Mosley Gandhi on behalf of the League of Women Voters of Berkeley, Albany, Emeryville
Ashby Park
41. Carol Nyhoff
Towing Concern
42. Andrea Henson
Ballot Measure Ratings
43. Mike Henn
Political Climate
44. Mercedes Deboir
Disposition of PRA Complaint
45. Stephen A. Hylas, Acting Secretary, on behalf of the Open Government Commission
Graffiti
46. Dahlia Frydman
47. Dorothea Dorenz
Loud Honking
48. Elsa Tranter
Apartment Review Concern
49. Ann Marie Davis
New Store Inquiry
50. Josh Atwood
Newsletter
51. Russbumper
Supplemental Communications and Reports 1
Item # 6: Budget Referral and Technical Support for La Peña Cultural Center
52. Supplemental agenda material submitted by Councilmember Sophie Hahn
53. Krishen Laetsch
Tuesday, October 1, 2024 ANNOTATED AGENDA Page 8
54. Lorraine Lerman
55. Paloma Salazar
56. Daisy Muralles
57. Maura McDonagh
58. Leslie Correll
59. Julie Twichell
60. Judy Helfand
61. Nine similarly-worded form letters
Supplemental Communications and Reports 2
Item #6: Budget Referral and Technical Support for La Peña Cultural Center
62. Terry McClain
63. Lezak Shallat
64. Angelica Casas Murillo
65. Ben White
66. Eric Leeson
67. Natalie Miramontes
68. Andrea Valverde
69. Jenny Miner
Supplemental Communications and Reports 3
Item #6: Budget Referral and Technical Support for La Peña Cultural Center
52. Stephanie Hooper
Miscellaneous Communications
53. Eid (3)
54. Unknown