Tuesday, February 11, 2025 ANNOTATED AGENDA Page 1
ANNOTATED AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, February 11, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702
ADENA ISHII, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SHOSHANA O’KEEFE DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – BRENT BLACKABY
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 URL: https://cityofberkeley-info.zoomgov.com/j/1618982548. 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: 161 898 2548 . 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 Procedur e 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 th eir 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 th at 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 $5 00 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 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, February 11, 2025 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 6:50 p.m.
Present: Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii
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 Tr ibe and to create meaningful actions that uphold the intention of this land acknowledgement.
Ceremonial Matters:
1. Adjourn in Memory of the Stabbing Victim at San Pablo Park
2. Adjourn in Memory of Elise Lusk, Traffic Violence Victim at Ada Street and Californ ia Street
3. Adjourn in Memory of Gwen McNeal, Berkeley Community Member
4. Adjourn in Memory of Michael Burawoy, Retired UC Berkeley Professor City Manager Comments: None
Public Comment on Non-Agenda Matters: 10 speakers.
Public Comment by Employee Unions: 1 speaker.
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 30 speakers.
Action: M/S/C (Tregub/Humbert) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
Consent Calendar
Tuesday, February 11, 2025 ANNOTATED AGENDA Page 3
1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of December 3, 2024 (closed, special, and regular), December 10, 2024 (special and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.
2. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on February 11, 2025
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 - $848,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.
3. Contract No. 32300108 Third Amendment: Street Level Advisors, LLC for Housing Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to execute a third amendment to Contract No. 32300108 with Street Level Advisors, LLC increasing the contract by $180,000 for consulting services in a total amount not to exceed $379,500, with a contract end date of June 30, 2026.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,659–N.S.
4. Program Manager II Classification: 5% Differential for Assignment in City Manager’s Office
From: City Manager
Recommendation: Adopt a Resolution amending the Unrepresented Employee Manual to add a 5% salary differential to Program Manager II positions assigned to the City Manager’s Office.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,660–N.S.
Consent Calendar
Tuesday, February 11, 2025 ANNOTATED AGENDA Page 4
5. Contract No. 32000223 Amendment: Gray Quarter, Inc. for Accela Professional Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000223 with Gray Quarter, Inc. (Gray Quarter) for professional services, increasing the amount by $120,000, for a total not-to-exceed amount of $419,500 through January 31, 2026
Financial Implications: U1 Admin Fund - $120,000
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,661–N.S.
Council Consent Items
6. Resolution in Support of the Commissioning of a California Feasibility Study to Implement “Golden State Energy,” a Not-for-Profit Public Utility Model From: Councilmember Tregub (Author), Councilmember Lunaparra (Author) Recommendation: Adopt a resolution in support of the allocation of state fiscal and staff resources to commission a feasibility study that compares various not-for-profit utility models prioritizing public benefits in energy generation, distribution, and transmission; the development an equitable implementation plan that establishes a statewide successor entity known as “Golden State Energy” as a successor to investor-owned utilities such as Pacific Gas and Electric; and transmittal of the Council’s support of such a resolution to Governor Gavin Newsom, Senator Jesse Arreguín (SD7) and Assemblymember Buffy Wicks (AD14).
Financial Implications: See report.
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 71,662–N.S. as revised in Supplemental Communications Packet #2 from Councilmember Tregub.
Action Calendar – New Business
Tuesday, February 11, 2025 ANNOTATED AGENDA Page 5
7. Refer to City Manager study of intersections with traffic diverters From: Councilmember Humbert (Author), Councilmember O'Keefe (Co- Sponsor), Councilmember Blackaby (Co-Sponsor)
Recommendation: Refer to the City Manager a request to have staff prioritize study of intersections that include traffic diverters but do not feature stop signs; additionally, staff are requested to review past Council referrals for adoption of National Association of City Transportation Officials (NACTO) street design standards and provide an update on the status and timeline for meeting past policy directives. Examples of intersections to be studied include but are not limited to: - Ada and California Street; - Grant Street and Berkeley Way; - Yolo and Milvia Street; - McGee and Virginia Street; - Derby and Mabel Streets; - Piedmont and Russell Street; - Hillegass and Woolsey Street; - Park and Russell Street; - Mabel and Russell Street.
Financial Implications: See report
Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180 Action: Councilmember Tregub added as a co-sponsor. Approved recommendation as revised in Supplemental Communications Packet #2 from Councilmember Humbert.
Recess 8:06 p.m. – 8:18 p.m.
Action Calendar – New Business
8. 2009 Leases Audit Follow-Up: Berkeley Faces the Same Risks 16 Years Later From: Auditor
Recommendation: Our recommendations include clarifying roles and responsibilities for lease oversight, updating the lease policy, and developing a complete central list of leases and licenses. We recommend City Council request that the City Manager report back during the next follow-up period in fall 2025, and every year thereafter, regarding the status of the 8 re-opened recommendations until reported fully implemented by the Public Works Department and City Manager’s Office. They have agreed to our findings, re-opened recommendations, and guidance for implementing the recommendations. Please see our report for their complete response.
Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: 2 speakers. Presentation made and discussion held. M/S/C (Taplin/Blackaby) to approve the recommendation from the City Auditor.
Vote: All Ayes.
Action Calendar – New Business
Tuesday, February 11, 2025 ANNOTATED AGENDA Page 6
9. Proposed Amendments to the Building Emissions Saving Ordinance (BESO) From: City Manager
Recommendation: Adopt the first reading of amendments to the Building Emissions Saving Ordinance (BESO), Chapter 19.81 of the Berkeley Municipal Code, to establish a flexible resilience standard for small residential buildings containing up to four units.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: 17 speakers. M/S/C (Kesarwani/Blackaby) to: 1) adopt first reading of Ordinance No. 7,953-N.S. amended to establish the escrow deposit amount at $5,000; 2) refer the 50/50 buyer/seller split to the City Attorney for analysis; 3) refer to the City Manager to award six points for panel upgrades; and 4) request an evaluation report three years after implementation. Second reading scheduled for March 25, 2025.
Vote: All Ayes.
Report from Closed Session
The City Council met in closed session on February 3, 2025, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a settlement by Compromise and Release without a release of future medical care, as to a workers’ compensation matter #BER2200103 and a WCAB Case Number ADJ16295740.
The City Council met in closed session on February 3, 2025, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a settlement by Compromise and Release with a release of future medical care, as to a workers’ compensation matter #BER0100193 and a WCAB Case Number ADJ3710721.
Information Reports
10. FY 2024 Fourth Quarter Investment Report: Ended June 30, 2024 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Received and filed.
11. LPO NOD: 1310 University Avenue/#LMSA2024-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.
12. LPO NOD: 2500-12 San Pablo Avenue/#LMIN2024-0004
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.
Tuesday, February 11, 2025 ANNOTATED AGENDA Page 7
Public Comment – Items Not Listed on the Agenda – 10 speakers.
Adjournment
Action: M/S/C (Humbert/Bartlett) to adjourn the meeting.
Vote: Ayes – Kesarwani, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Absent – Taplin.
Adjourned at 10:46 p.m.
Communications
Item #7: Refer to City Manager study of intersections with traffic diverters From: Councilmember Humbert (Author), Councilmember O'Keefe (Co-Sponsor), Councilmember Blackaby (Co-Sponsor)
1. David Lerman (2)
2. Shirley Kirsten
3. Sandra Sanchez
4. Mike Dunham
5. Aviv Nitsan
6. Charles Siegel
7. Helga Recke
Missing Middle
8. Caephran McKenna (2)
Civic Center
9. Leah Amzel
10. Nicole Herron
11. Kathi Pugh and Josh Maddox
12. Marnie Ganotis
UA Theater
13. Carol Denney
14. Melanie Lawrence and family
15. Laura Linden
16. Arlene Oweichik
Public Restroom Plans
17. Dr. Nicola Spence and Hans Reinhardt on behalf of Alpha Design Custom Furniture
18. Aimee Baldwin and Meryl Siegal
19. Carol Denney
20. Carol Crooks
21. Dirk
Tuesday, February 11, 2025 ANNOTATED AGENDA Page 8
Planning Commission Meetings
22. Bernard Marszalek
23. Carol Denney
Protecting Berkeley
24. Elliot Peters
Fire Concerns
25. Jeffrey Heller
26. Leah and Rosenthal, Ellen Feingenbaum and Peter Schwab (2)
27. Yen Trac (2)
28. Anna Rabkin
29. Yelda Bartlett (2)
30. Jennifer Lombardi (2)
31. Samantha Johnston
32. Isabelle Gaston
33. Kris Hill
UC Berkeley Class
34. Igal Fridman
35. Mark Eckstein
Safety Concerns
36. David Lerman
37. Gina Rieger
Emergency Calls
38. Ory Sandel
Tedx Berkeley
39. Shreeya Julakanti
Community Conversations
40. Nigel
Chess Club
41. Jesse Sheehan (2)
Traffic Data
42. Margot Smith
Liability for Falling Trees
43. Jim Haydel
OLA at Berkeley Marina
44. Barbara Shayesteh
Tuesday, February 11, 2025 ANNOTATED AGENDA Page 9
Speed Tables Treatments
45. Sandra Sanchez
46. Naveen Gattu
Strawberry Creek Park – Bike Parking
47. Mariah Lauritzen
Shattuck Ave Repairs
48. Liz Horowitz
Amtrak Parking
49. Kevin Mei (2)
2nd Street Encampment
50. Yesica Prado and Gordon Gilmore
7th Annual Galo Day Festival
51. Nes Marco Morales
Fireworks
52. Anne Herrick
Letter
53. Eid
Puppies on Center Street
54. Cash Levi Caris
Restaurant Park-lets
55. Martha Stackawicz
BACs STAIRS
56. Ann Marie Davis
Sidewalk Repair
57. Emerald Canary
Encampment Sweeps
58. Russell Bates
59. Nancy Halloran
60. Ellie Matejka
61. Rebecca Salsburg-Frank
Encampment Concern
62. Manasi Panditrao
Tuesday, February 11, 2025 ANNOTATED AGENDA Page 10
Housing Choice Voucher
63. Hector91 Phuentes
Response to Request
64. Jack Kurzweil
65. Cindy Shamban
Fund Request
66. Henry DeNero
URL’s
67. Russbumper (10)
68. Josh Atwood
Forwards
69. Russbumper
Supplemental Communications and Reports 1
Item #7: Refer to City Manager study of intersections with traffic diverters From: Councilmember Humbert (Author), Councilmember O'Keefe (Co-Sponsor), Councilmember Blackaby (Co-Sponsor)
70. Arvil
71. Shirley Kirsten (4)
72. Riti Dhesi
73. Sandra Sanchez
74. David Lerman
75. Sperberstein
76. David Fielder
77. Becca Freed
78. Erik Fowle
79. Charles Siegel on behalf of Walk Bike Berkeley
Item #8: 2009 Leases Audit Follow-Up: Berkeley Faces the Same Risks 16 Years Later
80. Supplemental agenda material submitted by Jenny Wong, City Auditor Item #9: Proposed Amendments to the Building Emissions Saving Ordinance (BESO)
81. Kiran Shenoy on behalf of the Bridge Association of Realtors
82. Ted Obbard
83. Tom Graly
84. Sam Fishman
85. Michael Roberts
86. John F. Arens
Tuesday, February 11, 2025 ANNOTATED AGENDA Page 11
Supplemental Communications and Reports 2
Item #6: Resolution in Support of the Commissioning of a California Feasibility Study to Implement “Golden State Energy,” a Not-for-Profit Public Utility Model
87. Revised agenda material submitted by Councilmember Tregub and Councilmember Lunaparra
88. Chris Hamilton
89. MaryAnn Furda
90. Margo Schueler
91. Emily Ross
Item #7: Refer to City Manager study of intersections with traffic diverters
92. Supplemental agenda material submitted by Councilmember Humbert, Councilmember O’Keefe, Councilmember Blackaby, and Councilmember Tregub
93. Samantha Swor
94. Holly Scheider
95. Marjorie Alvord
96. Charles Siegel
Item #9: Proposed Amendments to the Building Emissions Saving Ordinance (BESO)
97. Revised agenda material submitted by Councilmember Kesarwani
98. Mara Plotkin
99. Simon Black
100. Csilla Kenny
101. Albert Nahman
102. Josh Gutwill
103. Candace Hyde-Wang on behalf of the LWVBAE
104. Tom Lent
105. Ariella Granett
106. Bhima Sheridan
107. Christopher Polk
108. Taree Klausner
109. Veronica Tamsitt
110. Jeannette MacMillan
111. Frances C. Moore
112. Jane Scantlebury
Supplemental Communications and Reports 3
Item #6: Resolution in Support of the Commissioning of a California Feasibility Study to Implement “Golden State Energy,” a Not-for-Profit Public Utility Model 113. Ashley McClure
114. Noel Forest
Item #9: Proposed Amendments to the Building Emissions Saving Ordinance (BESO) 115. Presentation submitted by the Office of Energy & Sustainable Development
116. Avi Shapiro
117. Bret Andrews
Tuesday, February 11, 2025 ANNOTATED AGENDA Page 12
118. Alden Mudge
119. Alison LaBonte
120. Helena K. Liber
121. Julie Obbard
122. Erin Sherman
123. Barry Fike
124. Saundra Wolfe
125. Ben Gould
Miscellaneous
126. Rincon Consultants, Inc.