Agenda packet — Berkeley City Council, April 29, 2025 (part 1 of 5)

Tuesday, April 29, 2025 AGENDA Page 1
AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, April 29, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 17900 JAMBOREE RD, IRVINE, CA 92614

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.

T
o access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1613068832. 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: 161 306 8832 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].

T
his 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.

P
ursuant 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.

G
overnment 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.

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Tuesday, April 29, 2025 AGENDA Page 2
Preliminary Matters
Roll Call:

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: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

1. Adjourn in memory of Mary Wainwright, former Berkeley Councilmember

2. Adjourn in memory of Bill Chapman, League of Women Voters

3. Adjourn in memory of David “Chicken” Nesmith, Environmental Activist City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Up to ten persons will be selected to address matters not on the Council agenda. If five or fewer persons are identified to provide non-agenda comment, each person selected will be allotted two minutes each. If more than five persons are selected to address matters not on the Council agenda, each person selected will be allotted one minute each.

In-person attendees wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to the moment that the Presiding Officer calls for public comment on non- agenda items. Remote attendees must raise their hand in the videoconference application when the Presiding Officer calls for non-agenda speakers. The first five raised hands on the videoconference application will be selected to speak and the first five cards drawn at the meeting will be selected to speak. The number of in-person and remote speakers selected may be adjusted by the Presiding Officer if fewer than five speakers from either format are identified.

The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.

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Tuesday, April 29, 2025 AGENDA Page 3
Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.

Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.

Consent Calendar

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of March 10, 2025 (closed), March 11, 2025 (special and regular), March 18, 2025 (special and regular), March 25, 2025 (special and regular).

Financial Implications: None.

Contact: Mark Numainville, City Clerk, (510) 981-6900

2. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on April 29, 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: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

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Consent Calendar
Tuesday, April 29, 2025 AGENDA Page 4

3. Contract: Public Consulting Group for Professional Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Public Consulting Group (PCG) for professional services related to the Ground Emergency Medical Transport (GEMT), Quality Assurance Fee (QAF), Intergovernmental Transfer (IGT), and Public Provider Ground Emergency Medical Transport (PP-GEMT) programs using the General Services Agency’s (GSA) contract No. 47QTCA20D004Y for an amount not to exceed $200,000 in the base term from April 1, 2025 through March 31, 2027 with two (2), two (2) year extensions to March 31, 2031 in an amount not to exceed $600,000 in total.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

4. Amend Berkeley Police Association (BPA) MOU Section 19.5 Administrative Leave for Captains (50 hours increased to 60 hours)
From: City Manager
Recommendation: Adopt a Resolution amending Memorandums of Understanding (MOUs) for Berkeley Police Association (BPA) MOU Section 19.5 Administrative Leave for Captains to increase administrative leave from 50 to 60 hours.

Financial Implications: See report
Contact: Monica Walker, Human Resources, (510) 981-6800

5. Contract No. 31900270 Amendment: Dell Marketing LP (“Dell”) From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900270 with Dell Marketing LP (“Dell”) for the purchase of hardware, software, and related services utilizing the County of Riverside Agreement 8084445, for an additional $2,786,057 for a total not to exceed value of $8,197,733 for the period commencing on November 1, 2019 and through October 31, 2027.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

6. New Contract: New Contract: Tyler Technologies, Inc. for Open Data Portal (ODP) Hosting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a new contract with Tyler Technologies, Inc., for the purposes of hosting the City’s Open Data Portal, in an amount not to exceed $171,323 for the period commencing on July 1, 2024 through June 30, 2027.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

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Consent Calendar
Tuesday, April 29, 2025 AGENDA Page 5

7. Adjustment to Police Accountability Board Stipend Cap Following AAO #1 Carryover Approval
From: Director of Police Accountability
Recommendation: Adopt a resolution temporarily increasing the stipend cap for Police Accountability Board (PAB) members to ensure the distribution of previously approved funds and provide compensation for meetings that exceeded the existing monthly cap.

Financial Implications: See report
Contact: Hansel Aguilar, Office of Director of Police Accountability, (510) 981-4950

8. Contract No. 32200208 Amendment: West Coast Code Consultants for Plan Checking Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200208 with West Coast Code Consultants (WC3) to add additional funds, increasing the contract amount by $100,000 to a new total not- to-exceed contract amount of $1,600,000
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

9. Contract No. 32200207 Amendment: Telesis for Plan Checking Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200207 with Telesis to add additional funds, increasing the contract amount by $100,000 to a new total not-to-exceed contract amount of $1,600,000.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

10. Purchase Order Amendment: Braun Northwest Inc. for Two (2) 2025 Ford F-450 North Star Engine Remount of Ambulance Bodies to New Chassis From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the purchase order with Braun Northwest, Inc. to purchase two (2) 2025 Ford F-450 North Star Ambulance chassis by increasing the purchase order spend amount by $75,000 for a total not-to-exceed spending amount of $505,000.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

11. Final Map of Tract 8717: 805 Jones Street
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 8717 for a 7-unit condominium project consisting of 6 residential units and 1 commercial unit at 805 Jones Street.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

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Consent Calendar
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12. Contract: Bay Cities Paving & Grading, Inc. for FY 2025 Street Maintenance and Rehabilitation Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the FY 2025 Street Maintenance and Rehabilitation Project, Specification No. 25-11690- C; 2. Accepting the bid of Bay Cities Paving & Grading, Inc. 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 completion of the project, in accordance with the approved plans and specifications in an amount not to exceed $12,323,848.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

13. Contract: Terocons Inc. for South Berkeley Bikeway and Bus Stop Improvements Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the South Berkeley Bikeway and Bus Stop Improvements Project, Specification No. 25- 11716-C; 2. Accepting the bid of Terocons Inc., the lowest, responsive and responsible bidder; and 3. Authorizing the City Manager to execute a contract with Terocons Inc. and any amendments, extensions, and/or change orders until completion of the Project in accordance with the approved plans and specifications, in an amount not to exceed $4,208,200, which includes a 10% contingency for unforeseen circumstances.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

14. Contracts: M&A Towing and City Towing for Towing Services From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to:

1. Execute a contract with any amendments with M&A Towing to provide towing services for a three (3) year period from May 1, 2025, to May 1, 2028 in an amount not to exceed $150,000, with an option to extend for two (2) additional one (1) year terms.

2. Execute a contract with any amendments with City Towing to provide towing services for a three (3) year period from May 1, 2025, to May 1, 2028 in an amount not to exceed $150,000, with an option to extend for two (2) additional one (1) year terms.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

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Tuesday, April 29, 2025 AGENDA Page 7
Council Consent Items

15. Budget Referral Funding Afterschool Program Expansion From: Councilmember Taplin (Author), Councilmember Bartlett (Co-Sponsor), Councilmember O'Keefe (Co-Sponsor)
Recommendation: Refer $300,000 to fund afterschool program expansion to the Fiscal Year 26 Mid-Biennial Budget Update.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

16. Budget Referral Funding F and G Dock Deck Replacement From: Councilmember Taplin (Author)
Recommendation: Refer $250,000 for F and G dock replacement funding to the Fiscal Year 26 Mid-Biennial Budget Update.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

17. Berkeley Juneteenth Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Bartlett (Author)
Recommendation: Approve the expenditure of funds, including $2500 from Councilmember Bartlett for pre-planning of the Berkeley Juneteenth Festival (organized by Berkeley Juneteenth Association, Inc. 501(c)3), with funds relinquished to the City’s General Fund for this purpose from the discretionary council office budget of Councilmember Bartlett and any other Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

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Council Consent Items
Tuesday, April 29, 2025 AGENDA Page 8

18. Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds to Bay Area Robotics Education Sustainability Alliance for the 2025 Berkeley High Robotics Team’s East Bay Regional Robotics Competition.

From: Councilmember Tregub (Author), Councilmember O'Keefe (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Mayor Ishii (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per member of the City Council from the D13 Discretionary Accounts of members of the Berkeley City Council, including $250 from Mayor Ishii and Councilmembers O’Keefe, Taplin, and Tregub, and inviting other members of the City Council to contribute, to support the Berkeley High Robotics Team (Berkelium 5419 ) in hosting the East Bay Regional FIRST Robotics Competition . Funds will be transferred to the City’s general fund and to Bay Area Robotics Education Sustainability Alliance, a fiscal agent for the 2025 Berkeley High Robotics Team’s East Bay Regional Robotics Competition to support this valuable community event.

The relinquishment of funds from the respective discretionary Council Office Budgets of such members of the Berkeley City Council who wish to contribute will support this important initiative, fostering STEM education, student leadership, and international collaboration.

Financial Implications: See report
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140

19. Resolution: Opposition to Police Brutality and Use of Force on Nonviolent Protesters (Reviewed by the Public Safety Policy Committee) From: Councilmember Harrison (Author)
Recommendation: Adopt a Resolution reaffirming the City of Berkeley’s opposition to and condemning police brutality towards nonviolent protesters and discouraging use of “less-lethal” weapons for crowd control.

Policy Committee Recommendation: To send item to City Council with a negative recommendation.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

20. Letter in Support of SB 456: Muralist Exemption
From: Councilmember O'Keefe (Author)
Recommendation: Send a letter to Senator Angelique Ashby (cc: Governor Gavin Newsom, Senator Jesse Arreguín, Assemblymember Buffy Wicks) in support of Senate Bill 456, which would exempt muralists from having to obtain a contractor’s license through the Contractors State Licensing Board (CSLB) before being commissioned for public and private art projects.

Financial Implications: None
Contact: Shoshana O'Keefe, Councilmember, District 5, (510) 981-7150

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Council Consent Items
Tuesday, April 29, 2025 AGENDA Page 9

21. Budget Referral: Deportation Defense Legal and Education Funds From: Councilmember Blackaby (Author), Councilmember Lunaparra (Co- Sponsor), Councilmember Tregub (Co-Sponsor), Mayor Ishii (Co-Sponsor) Recommendation: Refer to the Fiscal Year 2026/2027 Budget Process an allocation of $200,000 for Deportation Defense Legal and Education Funds.

Financial Implications: See report
Contact: Brent Blackaby, Councilmember, District 6, (510) 981-7160

22. Adding ADA expertise to the SAFE STREETS Citizen Oversight Committee From: Councilmember Blackaby (Author), Councilmember Tregub (Co- Sponsor)
Recommendation: Approve an amendment to the Measure FF SAFE STREETS Citizen Oversight Committee (SSCOC) Resolution and Ordinance approved for establishment at the March 18, 2025 Council Meeting, to add an additional qualifying skillset for appointment: a background in ADA compliance and the accessible infrastructure challenges that seniors and disabled community members face.

Financial Implications: None
Contact: Brent Blackaby, Councilmember, District 6, (510) 981-7160

23. Amend AB-645 (2023-2024) to add the City of Berkeley to California’s Automated Speed Enforcement Pilot
From: Councilmember Blackaby (Author), Councilmember Taplin (Co- Sponsor), Councilmember O'Keefe (Co-Sponsor), Councilmember Humbert (Co-Sponsor)
Recommendation: Adopt a Resolution to send to Assemblymember Buffy Wicks and Senator Jesse Arreguín, requesting that the Legislature amend AB-645 (Friedman) Vehicles: Speed Safety Pilot Program (2023-2024), in order to add the City of Berkeley to the pilot.

Financial Implications: None
Contact: Brent Blackaby, Councilmember, District 6, (510) 981-7160

24. Refer $25,000 to the June 2025 Mid-Biennial Budget Process to Partially Cover Street Spirit’s Operational and Programming Costs
From: Councilmember Lunaparra (Author)
Recommendation: Refer $25,000 to the June 2025 Mid-Biennial budget process to subsidize the cost of running Street Spirit’s drop-in center and vendor coordination program.

Financial Implications: See report
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170

25. Supporting State and Regional Funding for Bay Area Public Transit From: Councilmember Lunaparra (Author)
Recommendation: Adopt a resolution Supporting State and Regional Funding for Bay Area Public Transit.

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

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Council Consent Items
Tuesday, April 29, 2025 AGENDA Page 10

26. Resolution Supporting a State Budget Request for the CalFresh Fruit and Vegetable EBT Program and Endorsing AB 936 (CalFresh Fruit and Vegetable Supplemental Benefits Program)
From: Councilmember Lunaparra (Author), Councilmembers Humbert (Co- Sponsor), Councilmembers Bartlett (Co-Sponsor), Mayor Ishii (Co-Sponsor) Recommendation: Adopt a resolution supporting a State Budget Request to reinstate CalFresh Fruit and Vegetable EBT Program and endorsing AB 936.

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

27. Defer $150,000 referral for Round Park from Nov 2024 FY2025 AAO#1 From: Councilmember Humbert (Author)
Recommendation: Place a hold on or otherwise defer the FY2025 $150,000 budget referral from the November 2024 AAO#1 budget, which set aside funding for initiating a process to potentially convert the median informally known as “Round Park” (and possibly other nearby medians) to an official City park in District 8.

Financial Implications: See report
Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180

Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during the Action Calendar public comment period on the item
The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. If ten or fewer persons are interested in speaking on an individual agenda item, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield the ir time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action items may be reordered at the discretion of the Chair with the consent of Council.

The Presiding Officer may open and close an additional comment period for Action items on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters), at the start of the Action Calendar.

Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

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Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. For certain hearings, this is followed by five-minute presentations each by first the appellant and then the applicant. The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to be recognized and to determine the number of persons interested in speaking at that time.

If ten or fewer persons are interested in speaking during a public hearing, each speaker may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to e ach side to present their issue.

When applicable, each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

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Action Calendar – Public Hearings
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28. Submission of the 2025-2030 Consolidated Plan and Program Year 2025 Annual Action Plan
From: City Manager
Recommendation: Conduct a public hearing on the 2025-2030 Consolidated Plan and Program Year (PY) 2025 Annual Action Plan (AAP), including allocations of federal Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and HOME Investment Partnership Grant (HOME); and upon conclusion, adopt a Resolution authorizing the City Manager to:

1. Execute any resultant agreements and amendments for agencies receiving funding under the CDBG, ESG, or HOME Program in accordance with the proposal approved hereunder. If the federal government does not allocate sufficient funds to cover the allocations attached to this resolution in this year or subsequent years, the City may either terminate the resultant agreements with agencies without any liability occurring to the City. A record copy of said contracts and any amendments are on file in the Office of the City Clerk; and

2. Allocate 20% of the PY 2025 (FY26) CDBG funds to the Planning and Administration, up to 17.83% for public services, and the remaining to be distributed to Housing Services and Community Facility Improvements as outlined in Exhibit A with the Public Facility Improvements being a flexible line item should the HUD allocation differ than the amount currently allocated; and

3. Allocate the allowable 10% of PY 2025 (FY26) HOME funds for program administration, up to the allowable 5% for CHDO operating support, and allocate the remainder to the Housing Trust Fund; and

4. Allocate the allowable 7.5% of the PY 2025 (FY 2026) ESG to Administration, $6,676 to the HMIS system and the remaining amount to Rapid Rehousing, and shelter activities (not to exceed 60% of PY25 ESG entitlement); and

5. Carry over any ESG earlier unspent funds from PY 2024 (FY 2025) into PY 2025 (FY 2026) and allocate those funds to the Stair Navigation Center operator (currently Bay Area Community Services (BACS)) for ESG eligible activities (e.g., rapid re- housing). The BACS Stair Center has used ESG funding for shelter operations and rapid rehousing activities for the past few years and is well-equipped to meet HUD’s program and administrative requirements. These funds will be included in the First Amendment to the FY 2026 Annual Appropriations Ordinance; and

6. Finalize the 2025-2030 Consolidated Plan, including the PY 2025 Annual Action Plan, and the Regional Analysis of Impediments, including responses to public comments received until April 29, 2025 adding required U.S. Department of Housing and Urban Development (HUD) application forms and certifications, and including other HUD required information, submit it to HUD, and execute all documents necessary to receive the City’s entitlement grants under the CDBG, ESG and HOME Programs.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

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Action Calendar – Public Hearings
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29. Implement Residential Preferential Parking (RPP) Program on the 1500 Block of Virginia Street
From: City Manager
Recommendation: Conduct a public hearing and upon its conclusion, adopt a Resolution amending Resolution No. 56,508-N.S. Section 25P by adding a subsection to implement Residential Preferential Parking (RPP) on the south side of Virginia Street, between California and Eola streets (1528-1546 Virginia Street) in RPP Area N.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

30. Zoning Ordinance and General Plan Amendments Relating to Middle Housing From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion:

1. Adopt first reading of an Ordinance amending Berkeley Municipal Code Title 23 (Zoning Ordinance) and the Zoning Map, for the purposes of encouraging development of “middle housing” in areas currently zoned R-1, R-1A, R-2, R-2A and MU-R (“low-density residential districts”), with an effective date of September 1, 2025; and

2. Adopt a Resolution amending the General Plan for the same purpose.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Information Reports

31. 2025 Police Accountability Board Workplan
From: Police Accountability Board
Contact: Hansel Aguilar, Commission Secretary, (510) 981-4950

32. Restaurant Inspections Audit Report Wins National Recognition From: Auditor
Contact: Jenny Wong, Auditor, (510) 981-6750

Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90- day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

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Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.

Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street, and through the City's online records portal:
https://records.cityofberkeley.info/.

Agendas, agenda reports, and revised/supplemental material may be accessed via the online agenda for this meeting at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be accessed at reference desks at the following locations:

City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at [email protected], (510) 981-6418 (V), or (510) 981-6347 (TDD) at least three business days before the meeting date.

Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.

Captioning services are provided at the meeting, on B- TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.

Questions regarding public participation may be addressed to the City Clerk Department (510) 981- 6900 or by email at [email protected].

~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

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Tuesday, April 29, 2025 AGENDA Page 15
I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building , 2134 Martin Luther King Jr. Way, as well as on the City’s website, on April 17, 2025.

Mark Numainville, City Clerk

Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item #30: Zoning Ordinance and General Plan Amendments Relating to Middle Housing

1. Margot Smith

2. Eric James Schroeder

3. Gael Alcock

4. Gary Parsons

5. Susan Taylor

6. Curtis Manning

7. Janet Stephens

8. Laura Klein

9. Leah Kaizer

10. David Whipple

11. Vicki Sommer

12. Ondine Norman

13. Ellen Kramer

14. Eric King

15. Carol Hirth (2)

16. John Brogan

17. DP Neyhart

18. Dr. Anne Boersma

19. Lisa Bruce

20. Brandon Yung (2)

21. Dr. Amanda Le

22. Anne Weinberger

23. Cece Littlepage

24. Sabina McMurtry

25. Dawn Thomas

26. Andrea Yankowski

27. Steven Douglas

28. Lynn Sherrell

29. Victoria Kahn

30. Alison Monroe

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Tuesday, April 29, 2025 AGENDA Page 16

31. Vincent Casalaina

32. Alisa Foster

33. Rachel Bradley

Item #32: Restaurant Inspections Audit Report Wins National Recognition

34. Liz Ruhland
Berkeley Green New Deal

35. EJ Cire

2024 Annual Report

36. Jennifer Cogley

Ohlone Greenway

37. Erik Dreher

38. Alastair MacDowell

39. Wei-Bing Chen

40. Susan Springborg and Greg Martin

41. Lynn Jones

42. Greg Gurnick

43. Karen Dabrusin

Proposed Unhoused Location

44. Tim Sakhuja

45. Todd Jersey

46. Aimee & Meryl, Beautiful San Pablo

47. Terry Betts

48. Andrew Johnson

49. Karina Racz

50. Sara Jusseame

51. Calvin Collier

52. Jan Dizon and Matthew Noah

53. Patricia Erwin

54. Orion Fulton

Berkeley Advanced Biomaterials

55. Terry Albury

Moellering Field Plan

56. Charles Siegal on behalf of Walk Bike Berkeley

57. Wahid Amiri

Housing Market Practices

58. LiJia Gong, Angelo Pis-Dudot, Lee Hepner, and Leah Simon-Weisberg

Work From Home Concern

59. Pgcountymd63

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Tuesday, April 29, 2025 AGENDA Page 17
Encampments

60. Amber Richardson

61. Nigel

Project @ 3000 Shattuck Ave

62. Sallie Hanna-Rhyne and Neighbors

63. Alisha Pember

Thank You

64. John Craner

65. Martin Bourque (2)

Claim Update

66. Eid (2)

Ada/California Street

67. Shirley Kirsten (2)

68. Emily Brandt

Caltrans Ribbon Cutting Ceremony

69. Terrance Davis

Surveillance

70. Lavell Young

Government Concerns

71. Josh Atwood

Fair Housing Conference

72. Caroline Peattie

ICE Concerns

73. Alex S. Merenkov (2)

Columbus Statue in Brooklyn Borough Hall Plaza

74. Alex Judah (2)

Rides for Seniors

75. Barbara Gilbert

76. Ben Buettner

77. Vanessa Arrendondo

78. Daveed Mandell

Housing

79. S. Entwistle

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Tuesday, April 29, 2025 AGENDA Page 18
Citizen Concern

80. Inetjalopy

Green Cans

81. Karen Ball

Plans

82. Tillymaui

Fines

83. Cecelia Mautner

Ordinance No. 7,681 PRA Concern

84. Cassia Stepak

Use of Resources

85. Lavell Young

Low Density

86. Richard Boubelik

Multistory Apartments

87. David Lerman

Harrison Street

88. Magnus Flying Colors Racing

Berkeley Branch Closure

89. Erika Shore

E-Scooters

90. Robert Borghese (2)

Police Alternative

91. Moni T. Law

Mental Health Needs

92. Jenean Fear

Nevada Cares Campus

93. John Craner

Screenshots

94. Lavell Young

95. Josh Atwood

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Tuesday, April 29, 2025 AGENDA Page 19
Forwards

96. Russbumper (4)

97. Josh Atwood

98. Maxina Ventura

URL’s

99. Russbumper (13)
100. Josh Atwood
101. Lavell Young (4)
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
April 29, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of March 10, 2025 (closed), March 11, 2025 (special and regular), March 18, 2025 (special and regular), March 25, 2025 (special and regular).

CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:

1. March 10, 2025 – Special Closed City Council Meeting

2. March 11, 2025 – Special City Council Meeting

3. March 11, 2025 – Regular City Council Meeting

4. March 18, 2025 – Special City Council Meeting

5. March 18, 2025 – Regular City Council Meeting

6. March 25, 2025 – Special City Council Meeting

7. March 25, 2025 – Regular City Council Meeting

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Monday, March 10, 2025 MINUTES Page 1

B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G M I N U T E S
MONDAY, MARCH 10, 2025
4:30 P.M.
2180 MILVIA STREET, BERKELEY, CA 94702
TELECONFERENCE LOCATION - 1619 EDITH STREET, BERKELEY, CA 94703

ADENA ISHII, MAYOR
Councilmembers:

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1613989284. 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: 161 398 9284. 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 $500 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.

Attachment 1

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Monday, March 10, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 4:34 p.m.

Present: Kesarwani, Taplin, Tregub, Blackaby, Lunaparra, Ishii

Absent: Bartlett, O’Keefe, Humbert
Public Comment - Limited to items on this agenda only – 0 speakers CLOSED SESSION:

The City Council convened in closed session to meet concerning the following:

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2)
a. WCAB Matter – #BER2200052; ADJ17945960
Action: M/S/C (Tregub/Blackaby) to authorize the City Manager to settle by Compromise and Release up to $68,088.87 with a release of future medical care, as to a workers’ compensation matter #BER2200052 and WCAB Case Number ADJ17945960.

Vote: Ayes – Kesarwani, Taplin, Tregub, Blackaby, Lunaparra, Ishii; Noes – None; Abstain – None; Absent – Bartlett, O’Keefe, Humbert.
b. WCAB Matter –#BER2400023; ADJ18246762
Action: M/S/C (Blackaby/Lunaparra) to authorize the City Manager to settle by Compromise and Release up to $100,000 with a release of future medical care, or in the alternative, by 22% Stipulations with Request for Award with open future medical care, as to a workers’ compensation matter #BER2400023 and WCAB Case Number ADJ18246762.

Vote: Ayes – Kesarwani, Taplin, Tregub, Blackaby, Lunaparra, Ishii; Noes – None; Abstain – None; Absent – Bartlett, O’Keefe, Humbert.
c. WCAB Matter –#BER2300048; ADJ10746024
Action: M/S/C (Tregub/Taplin) to authorize the City Manager to settle by Compromise and Release up to $76,110 with a release of future medical care, or in the alternative, by 34% Stipulations with Request for Award with open future medical care, as to a workers’ compensation matter #BER2300048 and a WCAB Case Number ADJ10746024.

Vote: Ayes – Kesarwani, Taplin, Tregub, Blackaby, Lunaparra, Ishii; Noes – None; Abstain – None; Absent – Bartlett, O’Keefe, Humbert.
d. WCAB Matter –# BER2100079
Action: M/S/C (Blackaby/Lunaparra) to authorize the City Manager to settle by Stipulations at 51% = $80.982.50 with Request for Award with open future medical care, as to a workers’ compensation matter #BER2100079.

Vote: Ayes – Kesarwani, Taplin, Tregub, Blackaby, Lunaparra, Ishii; Noes – None; Abstain – None; Absent – Bartlett, O’Keefe, Humbert.

2. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Paul Buddenhagen, City Manager, David White, Deputy City Manager, Sharon Friedrichsen, Budget Manager, Monica Walker, Interim Human Resources Director, Chaka Young, Employee Relations Manager
Action: No reportable action taken.

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Monday, March 10, 2025 MINUTES Page 3

3. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(D)(1):
a. Selamawit Tezare v. City of Berkeley, Alameda Superior Court, Case No. 23CV030502 Action: M/S/C (Tregub/Lunaparra) to approve the settlement in the amount of $287,500.

Vote: Ayes – Kesarwani, Taplin, Tregub, Blackaby, Lunaparra, Ishii; Noes – None; Abstain – None; Absent – Bartlett, O’Keefe, Humbert.

OPEN SESSION:

The City Council met in closed session on March 10, 2025, Pursuant to Government Code Section 54956.9(d)(2) and provided directions to outside counsel and approved the following:
 A settlement by Compromise and Release with a release of future medical care, as to a workers’ compensation matter #BER2200052 and a WCAB Case Number ADJ17945960.  A settlement by Compromise and Release with a release of future medical care, or in the alternative, by Stipulations with Request for Award with open future medical care, as to a workers’ compensation matter #BER2400023 and a WCAB Case Number ADJ18246762.  A settlement by Compromise and Release with a release of future medical care, or in the alternative, by Stipulations with Request for Award with open future medical care, as to a workers’ compensation matter #BER2300048 and a WCAB Case Number ADJ10746024.  A settlement by Stipulations with Request for Award with open future medical care, as to a workers’ compensation matter #BER2100079.

Council provided direction to the City Attorney pursuant to Government Code Section 54956.9(D)(1) to settle the following lawsuit in an amount not to exceed $287,500 (Tezare v. City of Berkeley, Alameda Superior Court, Case No. 23CV030502).

Adjournment
Action: M/S/C (Tregub/Blackaby) to adjourn the meeting.

Vote: Ayes – Kesarwani, Taplin, Tregub, Blackaby, Lunaparra, Ishii; Noes – None; Abstain – None; Absent – Bartlett, O’Keefe, Humbert.

Adjourned at 5:21 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on March 10, 2025.
________________________
Mark Numainville, City Clerk

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Internal
Tuesday, March 11, 2025 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Tuesday, March 11, 2025
5:00 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/1618265658 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: 161 826 5658 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 $500 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.

Attachment 2Page 5 of 57

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Internal
Tuesday, March 11, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 5:07 p.m.

Present: Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii

Absent: Bartlett
Councilmember Bartlett present at 5:09 p.m.

Councilmember Humbert participated remotely under the Just Cause exception in the Brown Act as amended by AB 2449.

Action Calendar – New Business

1. 2025 City Council Referral Prioritization Process Using Re-Weighted Range Voting (RRV)
From: City Manager
Recommendation:

1. Review the City Council raw scores for all outstanding City Council referrals;

2. Approve the removal of referrals that have been nominated for removal by the Council; and

3. Direct the City Manager to run the ranking algorithm and return to Council with a final ranked list of referrals for adoption.

Financial Implications: No direct fiscal impacts
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: 11 speakers. M/S/C (Tregub/O’Keefe) to:

1. Approve the removal of referrals that have been nominated for removal by the Council as revised to retain the following referrals as part of the Referral Prioritization Process:
 Adding BMC Chapter 13.107, Helping Achieve Responsible Development with Healthcare and Apprenticeship Training Standards (HARD HATS) Ordinance (ID# DMND0004099);
 Budget Referral: No Right on Red Signs (ID# DMND0004059);  Prioritizing Pedestrians at Intersections (ID# DMND0002584);  Berkeley Food Utility and Access Resilience Measure (FARM) (ID# DMND0004109);
 Adopt Berkeley Municipal Code Chapter 13.89: Community/Tenant Opportunity to Purchase Act (ID# DMND0004197); and
 Planning Commission Referral for a Pilot Density Bonus Program for the Telegraph Avenue Commercial District to Generate Revenue to House the Homeless and Extremely Low-Income Individuals (ID# DMND0004188).

2. Direct the City Manager to run the ranking algorithm and return to Council with a final ranked list of referrals for adoption.

Vote: All Ayes.

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Internal
Tuesday, March 11, 2025 MINUTES Page 3
Adjournment
Action: M/S/C (Taplin/Bartlett) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 6:10 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on March 11, 2025.
________________________
Mark Numainville, City Clerk
Communications
Item #1: 2025 City Council Referral Prioritization Process Using Re-Weighted Range Voting (RRV)

1. Anna Cheyette

2. Alfred Twu

3. Ross Bernet

4. Mike Wilson

5. Julia Moss

6. Grayson Savoie

7. Sunny

8. Sarah Bell
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1: 2025 City Council Referral Prioritization Process Using Re-Weighted Range Voting (RRV)

9. Cameron Woo

10.Debbie Potter

11.Liz Ozol
Supplemental Communications and Reports 3
Item #1: 2025 City Council Referral Prioritization Process Using Re-Weighted Range Voting (RRV)

12.Presentation submitted by the City Clerk Department

13.Lydia Lopez

14.Aja Fasah

15.Tahirah Dean

16.Regina Mouton

17.Arianne Senten

18.Wilhelmenia Wilson on behalf of Health Black Families, Inc.

19.Rahel Smith

20.Toni Mandara

21.Chris Schildt

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Internal
Tuesday, March 11, 2025 MINUTES Page 4

22.Michael Trujillo on behalf of the East Bay Community Law Center

23.Tracy Parent

24.Jonathan Bachrach

25.Aimee Baldwin

26.Kim Anno

27.Mirah Moriarty and Rodrigo Esteva

28.Rachel Katz

29.Amir Massih

30.Lanny F. DeVuono

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Internal
Tuesday, March 11, 2025 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, March 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.

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 $500 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.

Attachment 3

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Internal
Tuesday, March 11, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 6:38 p.m.

Present: Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii

Absent: None
Councilmember Humbert participated the meeting remotely under the just cause exception in the Brown Act.

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Report from Closed Session:

The City Council met in closed session on March 10, 2025, Pursuant to Government Code Section 54956.9(d)(2) and provided directions to outside Worker’s Compensation counsel and approved a settlement by Compromise and Release with a release of future medical care, as to a workers’ compensation matter #BER2200052 and a WCAB Case Number ADJ17945960.

The Council also gave direction to outside Worker’s Compensation counsel and approved a settlement by Compromise and Release with a release of future medical care, or in the alternative, by Stipulations with Request for Award with open future medical care, as to a workers’ compensation matter #BER2400023 and a WCAB Case Number ADJ18246762.

Similarly, the Council gave direction and approved a settlement by Compromise and Release with a release of future medical care, or in the alternative, by Stipulations with Request for Award with open future medical care, as to a workers’ compensation matter #BER2300048 and a WCAB Case Number ADJ10746024.

The Council also provided directions and approved a settlement by Stipulations with Request for Award with open future medical care, as to a workers’ compensation matter #BER2100079.

In addition, the Council provided direction to the City Attorney pursuant to Government Code Section 54956.9(D)(1) to settle the following lawsuit in an amount not to exceed $287,500 (Tezare v. City of Berkeley, Alameda Superior Court, Case No. 23CV030502).

The City Council met in closed session on January 23, 2024, pursuant to Government Code Sections 54956.9(a) and 54956.9(d)(1), and directed the City Attorney to settle with Service

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Internal
Tuesday, March 11, 2025 MINUTES Page 3
Employees International Union Local 1021, CSU/PTRLA for back pay of the remaining unpaid value of the 3% CalPERS cost sharing reduction retroactive to July 29, 2021, plus 10% simple interest.

The City Council met in closed session on December 3, 2024, pursuant to Government Code Sections 54956.9(a) and 54956.9(d)(2), and directed the City Attorney to settle with Public Employees Union Local 1 for back pay of the remaining unpaid value of the 3% CalPERS cost sharing reduction from August 8, 2021 to April 16, 2022, plus 10% simple interest.

Ceremonial Matters:

1. Recognition of American Red Cross Month, March 2025

2. Adjourned in Memory of Polly Armstrong, former District 8 City Councilmember

3. Adjourned in Memory of Mel Vapour, Berkeley Resident City Manager Comments: None
Public Comment on Non-Agenda Matters: 10 speakers.

Public Comment by Employee Unions: 1 speaker.

Action: M/S/C (Blackaby/Tregub) to accept supplemental materials from the City Manager on Item 6 to clarify that there is just a single attachment to the item.

Vote: All Ayes.

Action: M/S/C (Tregub/Kesarwani) to accept an urgency item from Councilmember Tregub pursuant to Government Code Section 54954.2(b)(2) entitled Urgency Resolution:

Condemning the recent incident, along with all acts of Islamophobia in Berkeley, and reaffirming unwavering support for the Muslim community in Berkeley and beyond.

Vote: All Ayes.

Urgent Item: Urgency Resolution: Condemning the recent incident, along with all acts of Islamophobia in Berkeley, and reaffirming unwavering support for the Muslim community in Berkeley and beyond
From: Councilmember Tregub (Author), Councilmember Taplin (Co- Author) and Councilmember Lunaparra (Co- Author)
Recommendation: Adopt an Urgency Resolution condemning the recent incident, along with all acts of Islamophobia in Berkeley, and reaffirming unwavering support for the Muslim community in Berkeley and beyond.

Financial Implications: None.

Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 71,675–N.S.

Public Comment on Consent Calendar and Information Items Only: 30 speakers.

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

Vote: All Ayes.

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Consent Calendar
Tuesday, March 11, 2025 MINUTES Page 4

1. Inclusionary Housing Ordinance In-Lieu Fee; Amending Berkeley Municipal Code Chapter 23.328
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,954-N.S. amending Berkeley Municipal Code (BMC) Chapter 23.328 (F) to remove the exemption for projects with 5,000 square feet or less of RUFA.

First Reading Vote: All Ayes
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted second reading of Ordinance No. 7,954–N.S.

2. Zoning Ordinance Amendments to Title 23 of the Berkeley Municipal Code for Consistency with State Law Related to Electric Vehicle Charging and Technical Edits
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,955-N.S. amending the following sections of the Zoning Ordinance to align the Berkeley Municipal Code (BMC) with state law related to electric vehicle charging, as well as additional non- substantive edits and corrections:
-23.106.020 Lot Coverage
-23.106.080 Building Separation
-23.202.020 Allowed Land Uses (Residential Districts)
-23.204.020 Allowed Land Uses (Commercial Districts)
-23.204.090 C-NS North Shattuck Commercial District
-23.204.100 C-SA South Area Commercial District
-23.204.130 C-DMU Downtown Mixed-Use District
-23.204.140 C-W West Berkeley Commercial District
-23.204.150 C-AC Adeline Corridor Commercial District
-23.206.020 Allowed Land Uses and Permit Requirements (Manufacturing Districts) -23.206.040 Use-Specific Regulations (Manufacturing Districts) -23.206.050 Protected Uses (Manufacturing)
-23.302.070 Use-Specific Regulations (Supplemental Use Regulations) -23.306.010 Purpose (Accessory Dwelling Units)
-23.306.030 Development Standards (Accessory Dwelling Units) -23.306.040 Permit Procedures (Accessory Dwelling Units) -23.310.020 General Requirements Excluding Incidental Beer and Wine -23.310.030 Alcohol Beverage Standards When Incidental to Food Service -23.322.030 Required Parking Spaces
-23.322.080 Parking Layout and Design
-23.334.030 Transportation Demand Management Program Requirements -23.502.020 Defined Terms (Glossary)
First Reading Vote: All Ayes
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,955–N.S.

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Consent Calendar
Tuesday, March 11, 2025 MINUTES Page 5

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

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,676–N.S.

4. 2025 Updated Commissioners’ and Board Members’ Manual From: City Manager
Recommendation: Adopt a Resolution approving the 2025 Commissioners’ and Board Members’ Manual, with administrative and procedural amendments including new and reorganized commissions, ADA and teleconferencing policy changes, and gender-neutral language; and rescinding Resolution No. 69,063-N.S.

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 71,677–N.S.

5. Contract: Edgeworth Integration LLC to Purchase and Provide Installation of New Security System Server at Berkeley Animal Care Services From: City Manager
Recommendation: Following a positive recommendation from the Police Accountability Board at their February 5, 2025 regular meeting, adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Edgeworth Integration LLC for the purchase and installation of a new security camera system server (cameras already exist) to replace an obsolete server at Berkeley Animal Care Services (BACS) for March 12, 2025, to March 11, 2026, which establishes a contract in an amount not to exceed $57,908.08.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 71,678–N.S.

6. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on March 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: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation as clarified in the materials submitted at the meeting from the City Manager to state that there is just a single attachment to the item.

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Consent Calendar
Tuesday, March 11, 2025 MINUTES Page 6

7. Annual Purchase Orders for L.N. Curtis and Sons: Fire Department From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute annual purchase orders and any amendments with L.N. Curtis and Sons for the purchases of: turnouts, and personal protective equipment (PPE) such as wildland coats and pants, gloves, helmets, hearing and eye protection, and fire boots; Firefighting tools and equipment such as firehose, fire extinguishers, foam, ladders, pumps, and related tools and equipment; and the purchase order for FY2026 shall not exceed $330,000, with an annual increase no more than 5% each year through March 27, 2028. A 20% contingency is added to cover costs arising from unforeseen incidents or operations for a total amount not to exceed (NTE) $1,040,324.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 71,679–N.S.

8. Contract No. 32400177 Amendment: Health Officer Coverage Contract – Dr.

Lisa B. Hernandez
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or his designee to amend Contract No. 32400177 with Dr. Lisa B. Hernandez to increase by $60,000 for a total not to exceed amount (NTE) of $180,000.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,680–N.S.

9. Joint Homekey+ Application for MLK House at 2942-44 Martin Luther King, Jr.

Way
From: City Manager
Recommendation: Adopt two Resolutions approving the following actions in support of a Homekey+ program funding allocation by:

1. Authorizing the City Manager or designee to prepare and submit a joint application with Insight Housing to the State of California Housing and Community Development (HCD) Department’s Homekey+ program for the MLK House project, which will provide permanent supportive housing for veterans.

2. Authorizing the City Manager or designee to take all necessary actions for the City’s participation in HCD’s Homekey+ program, including entering into HCD’s Standard Agreement and any amendments.

3. Authorizing the City Manager or designee to execute all original or amended documents or agreements necessary to effectuate these actions.

Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,681–N.S. (Approval to Submit Joint Application); and Resolution No. 71,682–N.S. (Authorizing Joint Application and Participation).

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Consent Calendar
Tuesday, March 11, 2025 MINUTES Page 7

10. Authorize Integration of BUSD Preferences with the City of Berkeley’s Housing Preference Policy for BUSD Workforce Housing Project (1701 San Pablo) From: City Manager
Recommendation: Adopt a Resolution authorizing the Berkeley Unified School District (BUSD) Workforce Housing project (1701 San Pablo / SAHA / Abode) to apply both a set of housing preferences (“BUSD Preferences”) (Exhibit A) developed by its Governance Committee and the City of Berkeley’s Housing Preference Policy (“City Preferences”), integrated, with the following clarifications:
 Lottery results within BUSD preference tiers each will be re-sorted by applicant’s total number of City preference points.
 Lottery results for Non-BUSD employees would also be re-sorted by applicant’s total number of City preference points.
 The persons experiencing homelessness preference would be applied within the BUSD preference framework.
 Layering of City preferences onto BUSD preferences will be conditional on implementation feasibility, as determined by the City Manager.  Prior to finalizing the Tenant Selection and Marketing Plan, the project team would need to submit a Fair Housing Analysis to the City.

Financial Implications: None
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 71,683–N.S.

11. Salary Adjustments – Deputy Director of Public Works (Unrepresented) and Deputy Director of Health, Housing, and Community Services (Unrepresented) From: City Manager
Recommendation: Adopt a Resolution increasing the top step of the Deputy Director of Public Works classification to $110.9807 per hour and of the Deputy Director of Health, Housing, and Community Services to $107.0460 per hour to rectify compaction with salaries of classifications they supervise.

Financial Implications: See report
Contact: Monica Walker, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,684–N.S.

12. Berkeley Fire Fighters Association – Side Letters Pertaining to Probationary Periods, Pre-Promotional Academies, and Vacation Slots
From: City Manager
Recommendation: Adopt a Resolution approving three side letters with Berkeley Fire Fighters Association to (1) amend Section 33 of the union’s Memorandum of Understanding (MOU) with the City to modify the Firefighter probationary period to 18 months; (2) amend Section 34.3.2 of the MOU to allow employees on 40-hour- week schedules to attend pre-promotional academies if placed on Outside the City status; and (3) amend Sections 19.4 and 19.5 of the MOU to create a new structure for vacation slots.

Financial Implications: None.

Contact: Monica Walker, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,685–N.S.

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Consent Calendar
Tuesday, March 11, 2025 MINUTES Page 8

13. Berkeley Chief Fire Officers Association Side Letter – Battalion Coverage From: City Manager
Recommendation: Adopt a Resolution approving a side letter with Berkeley Chief Fire Officers Association adding Section 2.1.14 (Battalion Coverage) to the City’s Memorandum of Understanding with the union.

Financial Implications: See report
Contact: Monica Walker, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,686–N.S.

Council Consent Items

14. A Referral to the City Manager to make a recommendation for further Council action: Transfer Tax Exemption for 100% Affordable Housing Projects (Reviewed by the Land Use, Housing & Economic Development Policy Committee) From: Councilmember Tregub (Author), Councilmember Bartlett (Co-Sponsor) and Councilmember O’Keefe (Co-Sponsor)
Recommendation: Adopt a referral to the City Manager to study the fiscal impacts and feasibility of a transfer tax exemption for 100% affordable housing projects owned and operated by non-profit entities or community land trusts, including but not limited to: the rehabilitation of existing projects; acquisition, rehabilitation, and conversion of market-rate housing complexes into deed-restricted affordable housing; and land donated for the purpose of constructing deed-restricted affordable housing and make a recommendation for further Council action.

Policy Committee Recommendation: Forward item to Council with a Qualified Positive Recommendation that the Council: 1) Clarify that the rehabilitation of the restricted properties, would be included as part of the 100% affordable [housing projects]. 2) Bolster the rationale section of the report with greater detail and analysis.

Financial Implications: See report
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Approved recommendation as recommended by the Land Use, Housing & Economic Development Policy Committee.

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Council Consent Items
Tuesday, March 11, 2025 MINUTES Page 9

15. Referral to 4 x 4 Committee: Removing On-Site Manager Exemption Loophole for Certain Multi-Family Properties that are Adjacent and/or Share the Same Common Area
From: Councilmembers Igor Tregub (Author) and Terry Taplin (Co-Sponsor) Recommendation: Refer to the 4 x 4 Committee of the Berkeley City Council and Rent Stabilization Board a proposal related to the removal of an on-site manager exemption loophole, which is currently used by certain Berkeley properties to circumvent California Code Regulation, Title 25, Paragraph 42, for certain multi- family properties that are adjacent and/or share the same common area. If the recommended regulation is enacted, it is the intent of the referral to apply it to subject properties in a prospective manner that ensures that the rights of sitting tenants continue to be fully protected (i.e., a fully occupied property will not be required to rent to an on-site manager until at least one unit becomes vacant in accordance to all applicable state and local laws governing good cause eviction protections). The referral further requests that the 4 x 4 Committee discuss and provide recommendations as to:
 Any parameters that may limit the scope of this referral, including but not limited to situations in which one or more of the subject properties are owned by limited liability corporations (LLCs) and/or owners that own multiple other properties in Berkeley, California and/or beyond, with a total number of units or properties under ownership to be determined;
 Any exemptions to the on-site manager requirement for certain circumstances, such as for hardship of the property owner and/or LLC and/or other circumstances in which the interest of justice may supersede the public interest of this requirement;
 The enforcement mechanism and enforcing jurisdiction (i.e., City of Berkeley or Berkeley Rent Stabilization Board, with compensation by the City of Berkeley) that the City of Berkeley should employ in furtherance of the recommended regulation; and
 Any other provisions pertinent to the efficient, just, and fair administration of the recommended regulation.

Financial Implications: See report
Contact: Igor Tregub, Councilmember, District 4, (510) 981-7140 Action: Item removed from the agenda by Councilmember Tregub.

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Council Consent Items
Tuesday, March 11, 2025 MINUTES Page 10

16. First Year Free - Fill Empty Storefronts Act (Reviewed by the Land Use, Housing & Economic Development Policy Committee)
From: Councilmember Hahn (Author)
Recommendation: Refer to the City Manager to (1) create and implement a First Year Free Program for Berkeley, modeled after San Francisco’s successful program, for an initial period of 5 years and (2) study and report back to Council on other strategies to attract new businesses and fill empty storefronts.

Policy Committee Recommendation: Forward item to Council with a negative recommendation to take no action. The committee will revisit this issue at a later date with the intention of further developing the goals of the item.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Approved recommendation of the Land Use, Housing & Economic Development Policy Committee to take no action.

Recess 8:22 p.m. – 8:34 p.m.

Action Calendar – Public Hearings

17. Appeal of Special Assessment Tax Lien – 1806 Walnut St From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution rejecting the property owners’ appeal, and allowing the special assessment lien for 1806 Walnut Street (APN 057-2049-004) to be recorded with the County of Alameda as written and approved by the City Manager.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 4 speakers.

M/S/C (Tregub/Taplin) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Tregub/Taplin) to adopt Resolution No. 71,687–N.S. as revised in Supplemental Communications Packet #1 from the City Manager to reject the appeal and record the correct the lien amount of $6,230.00.

Vote: All Ayes.

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Action Calendar – New Business
Tuesday, March 11, 2025 MINUTES Page 11

18. Adopt an Ordinance to Prohibit the Sale or Use of Algorithmic Devices to Set Rents or Manage Occupancy Levels for Residential Dwelling Units (Reviewed by the Land Use, Housing & Economic Development Policy Committee) From: Housing Advisory Commission
Recommendation: Adopt an ordinance amending the Municipal Code adding section 13.63 to prohibit the sale or use of algorithmic devices to set rents or manage occupancy levels for residential dwelling units.

Policy Committee Recommendation: Forward item to Council with a Qualified Positive Recommendation to Council with a request to forward to the 4x4 Committee to review the effectiveness of the implementation.

Financial Implications: See report
Contact: Mike Uberti, Commission Secretary, (510) 981-7400 Action: 13 speakers. M/S/C (Lunaparra/Tregub) to adopt first reading of Ordinance No. 7,956–N.S. as written in Supplemental Communications Packet #2 by Councilmember Lunaparra and further amended on the dais to clarify definitions and applicability. Second reading scheduled for March 25, 2025.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Ishii; Noes – Humbert; Abstain – None; Absent – None.

Information Reports

19. FY 2025 First Quarter Investment Report: Ended September 30, 2024 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 0 speakers.

Adjournment
Action: M/S/C (Taplin/Lunaparra) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 9:57 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on March 11, 2025.
________________________
Mark Numainville, City Clerk
Communications
Item #18: Adopt an Ordinance to Prohibit the Sale or Use of Algorithmic Devices to Set Rents or Manage Occupancy Levels for Residential Dwelling Units

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Tuesday, March 11, 2025 MINUTES Page 12
(Reviewed by the Land Use, Housing & Economic Development Policy Committee)

1. Krista C. Gulbransen
Civic Center Park

2. Elana Naftalin-Kelman

3. Yael Galinson

4. Ashley E. McClure

5. David Tepper

6. Lisa Lum (2)

7. Robin Kibby

8. Erik Dreher

9. Daniel Jurnove

10.Ben Buettner

11.Micky Duxbury

12.Catarina Negrin

13.Stacey Zolt Hara

14.Patrick Golier

15.David Kerr

16.Whitney Moss

17.Peggy Scott (2)

18.Lisa Mazur Librizzi

19.Elisabeth Hruska
Encampments

20.Aileen Paterson

21.Russbumper

22.Josh Atwood

23.Aimee Baldwin
Peace and Justice Commission Resolution

24.Haiganoush Preisler

25.Joseph Mutti

26.Jennifer Fechner

27.Tim O’Brien

28.Dorothea Dorenz

29.Chris Taaffe

30.Erika Andersen

31.Alexander Cruzado

32.Sam Long

33.Michael Cassidy

34.12 Similarly worded form letters
Safety Concerns

35.Cecelia Mautner

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Tuesday, March 11, 2025 MINUTES Page 13
Mailbox

36.Elsa Tranter
Public Safety Community Meeting

37.Jack Kurzweil

38.Enrique Marisol

39.Igor Tregub
Sanctuary Protocol

40.Director of Security
Plans

41.Tillymaui
Library Printing Services

42.Alex S. Merenkov

43.Bill Kolb
Daylighting Law

44.Shirley Kirsten (3)

45.Mieka Strawhorn

46.Wahid Amiri

47.Sandra Sanchez
Proposed Public Restroom

48.Aimee Baldwin

49.Wahid Amiri

50.Analisa Madron
Cesar Chavez Park

51.Maggie Dilley

52.Amy Thomson

53.Katherine Westine

54.Randall Gee

55.The Froedin-Morgensen Family

56.Antonio Guzman

57.Wini Williams

58.Lucy Thrupp

59.Save CC (2)

60.Frances Shaw

61.Cameron Woo
Round Park

62.Joseph Lee (3)

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Tuesday, March 11, 2025 MINUTES Page 14
Housing Concern

63.Bing Fantasy Football (6)
Bay Wheels Station

64.Alex S. Merenkov

65.Sandra Sanchez
Speed Bumps

66.Lolita Brewster
BOTTLEBIN Smart Bin

67.Tammy E. Apple
2x2 Meeting

68.Rebecca Levenson (2)

69.Jennie Hicks and Ian Wulfson

70.Sasha Courtade
Publicize Effects

71.Kellie Stoddart
Civil Action Petition

72.Ian A. Leipper
Bicycle Plan

73.James McGrath

74.Laura Fujii

75.Octavio Raygoza
Gold Award Project

76.Ona Weiss
Business Safety

77.David Lerman
Literacy Project

78.Pat Kennedy
Up Zoning

79.Deborah Barer
Berkeley Public Eye

80.Bernard Marszalek
PG&E Gas Lines

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Tuesday, March 11, 2025 MINUTES Page 15

81.David Lerman
Unit Inspections

82.Alex Merenkov

83.Manreet Gill
Golden Gate Fields

84.Roger Hooks
Intersection Safety Concern

85.Asa Bradman
Certificates

86.Justin Wong
Middle East Conflict

87.Alexander Cruzado
Red Cross Month

88.Teresa Deloach Reed
Traffic Concern

89.Shirley Kirsten (2)
URL’s

90.Julie Elis

91.Flip Side

92.Nancy Fox
Forwards

93.Eid

94.Josh Atwood (2)
Mail to the Mayor

95.Eid
BESO Amendments

96.Hannah Wenrich (9)

97.Isabella Almeida (9)
Apartment Values

98.Barbara Gilbert
Healthy Foods

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Tuesday, March 11, 2025 MINUTES Page 16

99.Roberto Terrones on behalf of the Sugar-Sweetened Beverage Product Panel of Experts (SSBPPE)
100. Kenneth Hecht
GOP Budget Cuts Concern
101. Kellie Stoddart
Commission Vacancies
102. Samuel J. Harvey on behalf of the Fair Campaign Practices Commission/Open Government Commission
Screenshots
103. Josh Atwood
Chess Club
104. Jesse Sheehan
2138 Kittredge St.
105. Carol A. Bagshawe
Supplemental Communications and Reports 1
Urgent Item: Urgency Resolution: Condemning the recent incident, along with all acts of Islamophobia in Berkeley, and reaffirming unwavering support for the Muslim community in Berkeley and beyond
104. Urgency item submitted by Councilmember Tregub, Councilmember Taplin and Councilmember Lunaparra
Item #2: Zoning Ordinance Amendments to Title 23 of the Berkeley Municipal Code for Consistency with State Law Related to Electric Vehicle Charging and Technical Edits
105. James M. Lloyd, on behalf of the California Housing Defense Fund (“CalHDF”) Item #14: A Referral to the City Manager to make a recommendation for further Council action: Transfer Tax Exemption for 100% Affordable Housing Projects (Reviewed by the Land Use, Housing & Economic Development Policy Committee) 106. Tess Fruge
Item 17: Appeal of Special Assessment Tax Lien – 1806 Walnut St 107. Revised agenda material submitted by Jordan Klein, Planning & Development Director
Supplemental Communications and Reports 2
Urgent Item: Urgency Resolution: Condemning the recent incident, along with all acts of Islamophobia in Berkeley, and reaffirming unwavering support for the Muslim community in Berkeley and beyond.
108. Dorothea Dorenz

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Tuesday, March 11, 2025 MINUTES Page 17
109. Berkeley Network for Palestine
Item #14: A Referral to the City Manager to make a recommendation for further Council action: Transfer Tax Exemption for 100% Affordable Housing Projects 110. Courtney Pal on behalf of Resources for Community Development Item #15: Referral to 4 x 4 Committee: Removing On-Site Manager Exemption Loophole for Certain Multi-Family Properties that are Adjacent and/or Share the Same Common Area
111. Dan Lieberman
Item #18: Adopt an Ordinance to Prohibit the Sale or Use of Algorithmic Devices to Set Rents or Manage Occupancy Levels for Residential Dwelling Units (Reviewed by the Land Use, Housing & Economic Development Policy Committee) 112. Revised material, submitted by Councilmember Lunaparra 113. Hannah Holloway on behalf of TechEquity
114. David Shere
Supplemental Communications and Reports 3
Item #3: Police Accountability Board – Appointment of New Member 115. Jose D. Murrillo on behalf of the Office of the Director of the Police Accountability
Item #6: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on March 11, 2025
116. Supplemental agenda material submitted by the City Manager’s Office Item #14: A Referral to the City Manager to make a recommendation for further Council action: Transfer Tax Exemption for 100% Affordable Housing Projects (Reviewed by the Land Use, Housing & Economic Development Policy Committee) 117. Lillian
118. Amie Fishman on behalf of the Non-Profit Housing Association of Northern California
119. Sophia DeWitt on behalf of East Bay Housing Organizations 120. Karen Nemsick
121. Susan Friedland
Item #17: Appeal of Special Assessment Tax Lien – 1806 Walnut St 122. Presentation submitted by the Planning & Development Department 123. Jonathan Hicks
Item #18: Adopt an Ordinance to Prohibit the Sale or Use of Algorithmic Devices to Set Rents or Manage Occupancy Levels for Residential Dwelling Units (Reviewed by the Land Use, Housing & Economic Development Policy Committee)
124. Presentation submitted by the Housing Advisory Commission

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Tuesday, March 18, 2025 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Tuesday, March 18, 2025
4:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 181 WELLINGTON STREET W, TORONTO, ON M5V 0A1, CANADA
TELECONFERENCE LOCATION - 2928 LINDEN AVENUE, BERKELEY, CA 94705

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/1609781710. 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: 160 978 1710 . 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 $500 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.

Attachment 4

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Tuesday, March 18, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 4:07 p.m.

Present: Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii

Absent: Kesarwani, Bartlett
Councilmember Kesarwani present at 4:20 p.m.

Councilmember Bartlett present at 5:28 p.m.

Worksession

1. 2024 Berkeley Police Department Annual Report
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
Action: 2 speakers. Presentation made and discussion held.

Adjournment
Action: M/S/C (Taplin/Kesarwani) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 6:01 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on March 18, 2025.
________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #1: 2024 Berkeley Police Department Annual Report

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Tuesday, March 18, 2025 MINUTES Page 3

1. Presentation submitted by the Police Department

2. Report submitted by the Police Department

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Tuesday, March 18, 2025 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, March 18, 2025
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 181 WELLINGTON STREET W, TORONTO, ON M5V 0A1, CANADA
TELECONFERENCE LOCATION - 2928 LINDEN AVENUE, BERKELEY, CA 94705

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.

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 $500 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.

Attachment 5

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Tuesday, March 18, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 6:19 p.m.

Present: Kesarwani, Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii

Absent: Bartlett
Councilmember Bartlett present at 6:30 p.m.

Councilmember Bartlett participated the meeting remotely under the just cause exception in the Brown Act.

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. Adjourned in Memory of Sarah Reynoso, Former City Employee City Manager Comments: None
Public Comment on Non-Agenda Matters: 6 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 4 speakers.

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

Vote: All Ayes.

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Consent Calendar
Tuesday, March 18, 2025 MINUTES Page 3

1. Contract No. 31900122-1 Amendment: Rolling Orange, Inc. for Website Maintenance and Support
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900122-1 with Rolling Orange, Inc. for additional website maintenance and support for an amount not-to-exceed $120,000 and a total contract value not-to-exceed $794,300 from March 1, 2019 to June 30, 2027.

Financial Implications: IT Cost Allocation Fund - $120,000 Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,688–N.S.

2. Contract: Pride Industries for Citywide Custodial Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a three-year contract and any amendments with Pride Industries to provide Citywide Custodial Services at various City facilities and locations, twenty-one (21) in total, from April 1, 2025, to March 31, 2028, for a total not to exceed of $5,500,000, with an option of two (2) one-year extensions for a maximum term of five (5) years.

Financial Implications: Various Funds - $5,500,000
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,689–N.S.

3. Contract: SubTerra Construction, Inc. for Adeline St, Shattuck Ave., Oxford St., Fulton St., University Ave., Kala Bagai Way, and Woolsey St.; Sewer Rehabilitation Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Sanitary Sewer Project, located on Adeline St., Shattuck Ave., Oxford St., Fulton St., University Ave., Kala Bagai Way, and Woolsey St.; 2. Accepting the bid of the lowest responsive and responsible bidder, SubTerra Construction, Inc.; 3. Authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $8,962,808, which includes a 10% contingency of $814,800; and 4. Authorizing the City Manager to execute reimbursement contracts with the University of California ($210,000), Addison Labs Foundation (a 501.c.3 organization, $120,000), and Core Spaces ($120,000).

Financial Implications: Sanitary Sewer Fund - $8,962,808 Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,690–N.S.

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Consent Calendar
Tuesday, March 18, 2025 MINUTES Page 4

4. Contract No. 32400141 Amendment: Mercury Associates, Inc. for Fleet Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400141 with Mercury Associates, Inc. to complete a right sizing study and provide fleet consulting services. This amendment increases the contract amount by $100,000, for a new total amount not to exceed of $225,000 for the current contract period of December 1, 2023, through December 30, 2026.

Financial Implications: Various Funds - $100,000
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,691–N.S.

5. Contract: APB General Engineering for Urgent Sewer Repair FY2025 Project From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Urgent Sewer Repair FY2025 Project; 2. Accepting the bid of the lowest responsive and responsible bidder, APB General Engineering; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $470,910, which includes a 10% contingency of $42,810.

Financial Implications: Sanitary Sewer Fund - $470,910
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,692–N.S.

6. Fiscal Year 2026 Street Lighting Assessments – Initiating Proceedings From: City Manager
Recommendation: Adopt two Resolutions describing proposed improvements to be used to determine the annual assessments levied for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District No. 2018, and ordering the preparation of Engineer’s Reports.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,693–N.S. (District No. 1982-1), and Resolution No. 71,694–N.S. (District No. 2018).

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Consent Calendar
Tuesday, March 18, 2025 MINUTES Page 5

7. Establishing a Measure FF SAFE STREETS Citizen Oversight Committee From: City Manager
Recommendation: Adopt a Resolution: 1. Establishing a SAFE STREETS Citizen Oversight Committee (SSCOC) to review expenditures and progress reports from the City Manager and City Auditor to ensure compliance with the intent of Measure FF, passed by voters on November 5, 2024, evaluating the impacts and outcomes of tax expenditures on stated goals and prepare public reports on the Committee’s findings; and 2. Authorizing the City Manager to further implement Section 7.11.040 of City Ordinance 7,952-N.S, to ensure compliance with all requirements.

Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,695–N.S.

Council Consent Items

8. California Triathlon Club: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Lunaparra (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Lunaparra’s discretionary fund and funds from any other Councilmembers who would like to contribute to the California Triathlon Club (Cal Tri) for the Fall 2025 Bearathlon Triathlon event with funds relinquished to the City’s general fund for this purpose.

Financial Implications: Councilmember's Discretionary Fund - $500 Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170 Action: Adopted Resolution No. 71,696–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Humbert - $250; Councilmember Tregub - $100; Councilmember Taplin - $500; Councilmember Blackaby - $250; Councilmember Bartlett - $250; Councilmember Kesarwani - $100; Councilmember O’Keefe - $100; Mayor Ishii - $500.

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Action Calendar – Public Hearings
Tuesday, March 18, 2025 MINUTES Page 6

9. 2024 Local Hazard Mitigation Plan (LHMP)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution adopting the 2024 Local Hazard Mitigation Plan (LHMP) and amending the General Plan to incorporate the 2024 LHMP.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Public Testimony: The Mayor opened the public hearing. 0 speakers.

M/S/C (Taplin/Tregub) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Taplin/Tregub) to adopt Resolution No. 71,697–N.S. adopting the 2024 Local Hazard Mitigation Plan (LHMP) and amending the General Plan to incorporate the 2024 LHMP.

Vote: All Ayes.

Recess 7:33 p.m. – 7:45 p.m.

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Action Calander – New Business
Tuesday, March 18, 2025 MINUTES Page 7

10. Formation of a Sex Trafficking Task Force to Address Current Sex Trafficking in Berkeley (Reviewed by Health, Life Enrichment, Equity & Community Policy Committee)
From: Commission on the Status of Women
Recommendation:

To recommend to Council to refer to the City Manager to form a sex trafficking task force. The Task Force’s objective shall be two-fold: to develop recommendations of sex trafficking prevention strategies to be implemented including through social media and to provide recommendations for supports for women and girls seeking to exit sex trafficking.

That the Task Force be comprised as follows: 2 members of the Commission on the Status of Women (1 of whom will be a UC Berkeley student); 1-2 members of the Berkeley Police Department formerly or currently working on this issue in Berkeley as determined by the Berkeley Police Department; 2 members of the 2x2 Committee (1 of whom shall be a Councilmember and 1 of whom shall be a School Board member); 1 member of the City of Berkeley Youth Commission who is a Berkeley High School student; 1 person with knowledge and expertise in sex trafficking, prevention and resources, that person unidentified with a Berkeley City-funded agency so as to avoid any potential conflict of interest in the recommendations; 1 woman with a history of having been sex-trafficked (a stipend is recommended for that member of the Task Force); and 1 person with expertise in workplace development and related economic resources.

Policy Committee Recommendation: No final action taken. Item is automatically returning to Council agenda pursuant to the time limit for items referred to policy committees.

Financial Implications: See report
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100 Action: Moved to Consent Calendar. Referred the item back to the Commission on the Status of Women to develop a subcommittee to identify recommendations for sex trafficking prevention strategies and supports for women and girls seeking to exit sex trafficking.

Vote: Ayes – Kesarwani, Taplin, Bartlett, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – Tregub.

11. Revised External Fixed Surveillance Camera Locations and Vendor Transition From: City Manager
Recommendation: We recommend Council approve a Resolution authorizing the City Manager to begin the Surveillance Technology Ordinance (STO) process with a proposal to transition the External Fixed Video Surveillance Camera program from Edgeworth Integration, LLC to Flock Safety. This proposal also reallocates camera placements away from corridors already served by the ALPR system and positions them in areas with high pedestrian traffic. The change addresses installation challenges such as PGE power limitations and Caltrans right-of-way delays and strengthens the City's ability to respond to and investigate crime. We recommend that the resolution authorize the City Manager to execute all necessary actions to implement this transition in compliance with applicable ordinances and policies. We

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Action Calander – New Business
Tuesday, March 18, 2025 MINUTES Page 8
also recommend that Council provide authorization as required by the STO to the City Manager to seek available grant funding for surveillance cameras.

The proposed camera placements result from a detailed review of key factors. We identified locations where monitoring would capture individuals entering or exiting areas of heavy pedestrian traffic. Analysis of crime trends and retail theft data revealed zones that would benefit most from surveillance. Local feedback from business districts and community meetings also indicated specific areas of concern.

These considerations have led us to propose camera sites adjacent to key intersections: - Center / MLK; - College / Ashby; - Milvia / Alston; - 9th / Gilman; - Center / Shattuck; - Solano / Colusa; - University / Shattuck; - 4th / Hearst; - Cedar / Shattuck; - Adeline / Fairview; - Durant / Telegraph; - Shattuck / Ashby; - 4th / Virginia; - 62rd / King; - University / MLK; - College / Alcatraz.

In the case that additional funding becomes available and/or Council wishes to authorize more locations, we propose additional camera sites adjacent to these intersections: Ashby / Domingo, Ashby / San Pablo, Ashby / 6th and University / San Pablo.

This revision responds to two main issues. First, camera placements along Ashby and San Pablo will encounter delays due to Caltrans right-of-way challenges and Edgeworth cameras have electricity requirements that cannot be accommodated within our flat-rate contracts for traffic signals with PGE, and installing a dedicated meter would be prohibitively expensive. These challenges render the installation of Edgeworth cameras unfeasible. Second, the widespread deployment of ALPRs now covers vehicle movements, which makes the previously approved locations redundant. The new approach concentrates on high-foot-traffic areas that promise improved evidence collection during incidents.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: M/S/Failed (Lunaparra/Tregub) to:

1. Adopt a Resolution with the addition from the City Manager to cite Berkeley Municipal Code Chapter 2.99 in the first resolved clause, removal of the intersection of Telegraph Avenue & Durant Avenue from the list of proposed camera sites, and addition of the following resolved clause:

BE IT FURTHER RESOLVED THAT Flock Safety will be directed to not share information, data, or other assets from the External Fixed Video Surveillance Camera program with any personnel or agencies outside of the City of Berkeley, including in response to an administrative subpoena or other request from another government agency, unless compliance is required by court order, or other appropriate directive.

Violation of this provision shall be considered grounds for termination of the contract.

Flock Safety will inform the City of Berkeley immediately upon receiving any legal or other orders from other jurisdictions.

2. Refer to the City Manager to consider as part of the contracting process the language proposed by Councilmember Barlett related to liquidated damages, and data ownership, storage, and access.

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Action Calander – New Business
Tuesday, March 18, 2025 MINUTES Page 9
Vote: Ayes – Bartlett, Tregub; Noes – Kesarwani, Taplin; O’Keefe, Blackaby, Humbert, Ishii; Abstain – Lunaparra.

Action: 30 speakers. M/S/Carried (Humbert/Blackaby) to adopt Resolution No. 71,698–N.S. with the addition from the City Manager to cite Berkeley Municipal Code Chapter 2.99 in the first resolved clause, and addition of the following resolved clause:

Violation of this provision shall be considered grounds for termination of the contract.

Flock Safety will inform the City of Berkeley immediately upon receiving any legal or other orders from other jurisdictions.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Humbert, Ishii; Noes – Lunaparra; Abstain – None.

Public Comment – Items Not Listed on the Agenda - 2 speakers.

Adjournment
Action: M/S/C (Blackaby/Taplin) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 10:05 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on March 18, 2025.
________________________
Mark Numainville, City Clerk
Communications
Bicycle Plan

1. Marc Hedlund, with Libby Lee-Egan

2. Marla Wilson
Construction on Webster

3. Joshua Sopher

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Tuesday, March 18, 2025 MINUTES Page 10
Downtown Safety Concern

4. John Craner

5. Simone Arpaio (2)

6. Javier F. Suazo

7. Eduardo D (2)
Berkeley Marina

8. Gordon Meyer
Police Accountability Newsletter

9. Hansel Alejandro Aguilar
Hopkins/McGee

10.Shirley Kirsten (3)
Battery Recycling

11.Martin Bourque (2)

12.David Lerman (2)
Community Vigil

13.Berkeley Network for Palestine (2)

14.Summer Brenner
TBS Today

15.Elsa Tranter
Berkeley Waterfront Park User Concern

16.Kirsten Mahoney
Encampments

17.Steven Donaldson

18.Joann Driscoll
UC Berkeley

19.John Craner
Housing Concern

20.Bingo Fantasy Football (3)
Public Comment Concerns

21.Jack Kurzweil

22.Summer Brenner
Aquatics Program Concerns

23.Florence Reinisch

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Tuesday, March 18, 2025 MINUTES Page 11
Tree Cutting

24.Edward Brent (2)
2138 Kittredge St.

25.Sharon Gong
Proclamation Request

26.Walton Li
Use of Taxpayer Money

27.Martha Stackawicz
Street Lighting

28.David Lerman
Affordable Housing

29.Moni T. Law
Insight Housing

30.Del and Kathy Totten
Civic Center Park

31.Jill Korte

32.John Rice

33.Jason McGatlin

34.Holly Scheider

35.Peggy Scott

36.Michael O’Heaney

37.Maria Schell Hassid

38.Cara Delacroix

39.Enrique Marisol
01Peace and Justice Commission Resolution

40.Rev. Niels Teunis and Rev. Angela Jernigan

41.Angela Isaacs

42.Dan Weinberg
Blind Intersection @ Hopkins CT and Hopkins Ave

43.Wahid Amiri
Chess Club

44.Jesse Sheehan (2)
URL’s

45.Russbumper

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Tuesday, March 18, 2025 MINUTES Page 12
Middle East Conflict

46.Russbumper
Supplemental Communications and Reports 1
Item #11: Revised External Fixed Surveillance Camera Locations and Vendor Transition

47.Victoria Cole on behalf of SafeBears (2)
Supplemental Communications and Reports 2
Item #11: Revised External Fixed Surveillance Camera Locations and Vendor Transition

48.Sherry Perez

49.Markus Feyh

50.Enrique Marisol

51.Lisa Teague

52.Sheridan Eggers

53.Sarah Freedman

54.Mark Rhoades

55.Beth Roessner

56.David Shiver

57.Suzan Steinberg

58.38 Similarly worded form letters
Supplemental Communications and Reports 3
Item #11: Revised External Fixed Surveillance Camera Locations and Vendor Transition

59.Tom Parrish

60.Gary E.

61.Sylvia

62.Truce Hansen

63.Nigel

64.Laksh Lakireddy

65.Fern Wildtruth

66.Jovi Vidal

67.Tobey Wiebe

68.Anthony Iacono

69.Janice Schroeder

70.Lily Simonson

71.Saanvi Arora

72.Frankie Cunningham

73.Caitlin Chan

74.Sulakshana

75.Tracy Rosenberg on behalf of Oakland Privacy

76.Simone Arpaio

77.Alberto Malvestio

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Tuesday, March 18, 2025 MINUTES Page 13

78.Gregory Kalkanis

79.Amy Murray

80.Marc Steyer

81.30 Similarly worded form letters to support

82.60 Similarly worded form letter to oppose

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Internal
Tuesday, March 25, 2025 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Tuesday, March 25, 2025
4:00 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/1611397649. 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: 161 139 7649 . 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 $500 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.

Attachment 6Page 42 of 57

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Internal
Tuesday, March 25, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 4:09 p.m.

Present: Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii

Absent: Kesarwani, Bartlett
Councilmember Bartlett present at 4:14 p.m.

Councilmember Kesarwani present at 4:16 p.m.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 0 speakers.

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

Vote: Ayes – Taplin, Tregub, O’Keefe, Blackaby, Lunaparra, Humbert, Ishii; Noes – None; Abstain – None; Absent – Kesarwani, Bartlett.

Consent Calendar

1. Amend Memorandums of Understanding for Represented Employee Groups to Include Cesar Chavez Day as a Paid City Holiday
From: City Manager
Recommendation: Adopt a Resolution amending Memorandums of Understanding (MOUs) for represented employee groups to include Cesar Chavez Day as a paid city holiday, to be observed on the last Monday of March beginning in 2025.

Financial Implications: See report
Contact: Monica Walker, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 71,699–N.S.

Action Calendar – New Business

2. Pavement Management & Infrastructure Planning Presentation From: City Manager
Contact: Terrance Davis, Public Works, (510) 981-6300
Action: 9 speakers. Presentation made and discussion held.

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Internal
Action Calendar – New Business
Tuesday, March 25, 2025 MINUTES Page 3

3. 2025 City Council Referral Prioritization Results Using Re-Weighted Range Voting (RRV)
From: City Manager
Recommendation: Review the completed Re-Weighted Range Voting (RRV) rankings for all outstanding City Council referrals and adopt a Resolution approving the list of prioritized referrals to city staff.

Financial Implications: No direct fiscal impacts
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: 1 speaker. M/S/C (Taplin/Tregub) to adopt Resolution No. 71,700–N.S. approving the list of prioritized referrals to city staff.

Vote: All Ayes.

Adjournment
Action: M/S/C (Tregub/Humbert) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 6:29 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on March 25, 2025.
________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #2: Pavement Management & Infrastructure Planning Presentation

1. Presentation submitted by the Public Works Department Item #3: 2025 City Council Referral Prioritization Results Using Re-Weighted Range Voting (RRV)

2. Presentation submitted by the City Clerk Department

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Internal
Tuesday, March 25, 2025 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, March 25, 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.

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 $500 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.

Attachment 7

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Internal
Tuesday, March 25, 2025 MINUTES Page 2
Preliminary Matters
Roll Call: 6:49 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 Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters:

1. Recognition of National Library Week 2025

2. Adjourned in Memory of Marty Schiffenbauer, Rent Control Pioneer and Community Activist City Manager Comments:

The City Manager noted that for Item 12 Notice of Decision, the designation has been appealed and will be scheduled for a future Council meeting.

Public Comment on Non-Agenda Matters: 10 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 3 speakers.

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

Vote: All Ayes.

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Internal
Consent Calendar
Tuesday, March 25, 2025 MINUTES Page 3

1. Proposed Amendments to the Building Emissions Saving Ordinance (BESO); Amending Berkeley Municipal Code Chapter 19.81 (Item contains revised material)
From: City Manager
Recommendation: Adopt a new first reading of Ordinance No. 7,953-N.S. amending 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: Adopted first reading of Ordinance No. 7,953–N.S. Second reading scheduled for April 15, 2025.

2. Adopt an Ordinance to Prohibit the Sale or Use of Pricing Algorithms to Set Rents or Manage Occupancy Levels for Residential Dwelling Units; Adding Berkeley Municipal Code Chapter 13.63
From: Housing Advisory Commission
Recommendation: Adopt second reading of Ordinance No. 7,956-N.S. amending the Municipal Code adding Chapter 13.63 to prohibit the sale or use of pricing algorithms to set rents or manage occupancy levels for residential dwelling units.

First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Tregub, O’Keefe, Blackaby, Lunaparra, Ishii; Noes – Humbert; Abstain – None; Absent – None.

Financial Implications: See report
Contact: Mike Uberti, Commission Secretary, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,956–N.S. with the minor clarifying addition published in Supplemental Communications Packet #2 to use the term “coordinated pricing algorithm” throughout the ordinance.

3. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of February 3 (closed), February 11, 2025 (special and regular), February 25, 2025 (special and regular).

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.

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Consent Calendar
Tuesday, March 25, 2025 MINUTES Page 4

4. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on March 25, 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 - $6,575,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

5. Contract No. 32000118 Amendment: NEXGEN Asset and Work Order Management Software Maintenance
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000118 with NEXGEN Asset Management to provide additional funding for software maintenance and professional services, increasing the amount by $1,123,457, for a total not-to-exceed amount of $2,830,366 through June 30, 2029.

Financial Implications: Various Funds - $1,123,457
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 71,701–N.S.

6. Contracts: On-Call Landscape Architectural Services for Capital Improvement Projects
From: City Manager
Recommendation: Adopt five Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for on-call landscape architectural services for capital improvement projects, for contract periods of May 1, 2025 through April 30, 2028:

1. Carducci & Associates, Inc., for an amount not to exceed $450,000.

2. Moore Iacofano Goltsman, Incorporated (MIG, Inc.), for an amount not to exceed $450,000.

3. PGAdesign, Inc., for an amount not to exceed $450,000.

4. Royston Hanamoto Alley & Abey (RHAA), for an amount not to exceed $450,000.

5. RRM Design Group, for an amount not to exceed $450,000.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,702–N.S. (Carducci), Resolution No. 71,703– N.S. (MIG), Resolution No. 71,704–N.S. (PGAdesign), Resolution No. 71,705–N.S. (RHAA), and Resolution No. 71,706–N.S. (RRM).

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Consent Calendar
Tuesday, March 25, 2025 MINUTES Page 5

7. Adopt a Mitigated Negative Declaration for the Tom Bates Regional Sports Complex Restroom and Community Space Project
From: City Manager
Recommendation: Adopt a Resolution adopting the Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Plan (MMRP) for the Tom Bates Regional Sports Complex Restroom and Community Space Project.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 71,707–N.S.

Action Calendar – Public Hearing

8. Establishment of M-RD Zoning District, Associated General Plan and West Berkeley Plan Amendments, and Environmental Impact Report From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:

1. Adopt the first reading of an Ordinance amending Title 23 of the Berkeley Municipal Code (BMC) and the Zoning Map to establish the Manufacturing, Research & Development (M-RD) zoning district to encourage redevelopment of the former Pacific Steel Casting (PSC) site.

2. Adopt a Resolution:
a. Approving and adopting West Berkeley Plan and General Plan amendments to be consistent with the associated Ordinance amendments; and b. Certifying the Environmental Impact Report (EIR) (SCH#2022120549) and adopt related California Environmental Quality Act (CEQA) findings, a statement of overriding considerations, mitigation measures, and a mitigation monitoring and reporting program.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 2 speakers.

M/S/C (Humbert/Kesarwani) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Kesarwani/Taplin) to:

1. Adopt first reading of Ordinance No. 7,957–N.S. amending Title 23 of the Berkeley Municipal Code and the Zoning Map to establish the Manufacturing, Research & Development (M-RD) zoning district to encourage redevelopment of the former Pacific Steel Casting (PSC) site. Second reading scheduled for April 15, 2025.

2. Adopt Resolution No. 71,708–N.S. approving and adopting West Berkeley Plan and General Plan amendments to be consistent with the associated Ordinance amendments; and certifying the Environmental Impact Report (EIR) (SCH#2022120549) and adopt related California Environmental Quality Act (CEQA) findings, a statement of overriding considerations, mitigation measures, and a mitigation monitoring and reporting program.

Vote: All Ayes.

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Internal
Action Calendar – Public Hearings
Tuesday, March 25, 2025 MINUTES Page 6
Recess 8:07 p.m. – 8:18 p.m.

9. ZAB Appeal: 3000 Shattuck Avenue, Use Permit #ZP2022-0046 From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve a Use Permit to demolish a gas station, and construct a 10-story (114 feet) mixed-use building utilizing a State Density Bonus request, with 166 dwellings, including 17 Very Low-Income units, and 1,000 square-feet of commercial space, and dismiss the appeals.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 17 speakers.

M/S/C (Taplin/Humbert) to close the public hearing.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Blackaby, Humbert, Ishii; Noes – None; Abstain – None; Absent – None; Recused – Tregub (Considered and voted on the Use Permit as a member of the Zoning Adjustments Board), O’Keefe (Considered and voted on the Use Permit as a member of the Zoning Adjustments Board), Lunaparra (Considered and voted on the Use Permit as a member of the Zoning Adjustments Board).

Action: M/S/Failed (Kesarwani/Taplin) to adopt a resolution affirming the Zoning Adjustments Board (ZAB) decision to approve a Use Permit to demolish a gas station, and construct a 10-story (114 feet) mixed-use building utilizing a State Density Bonus request, with 166 dwellings, including 17 Very Low-Income units, and 1,000 square-feet of commercial space, and dismiss the appeals.

Vote: Ayes – Kesarwani, Blackaby, Humbert, Ishii; Noes – Taplin, Bartlett; Abstain – None; Absent – None; Recused – Tregub (Considered and voted on the Use Permit as a member of the Zoning Adjustments Board), O’Keefe (Considered and voted on the Use Permit as a member of the Zoning Adjustments Board), Lunaparra (Considered and voted on the Use Permit as a member of the Zoning Adjustments Board).

The ZAB decision stands unless the Council takes up the appeal again within 30 days, under BMC 23.410.040.I.

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Internal
Action Calendar – New Business
Tuesday, March 25, 2025 MINUTES Page 7
10a. Allocation of $2,294,774 Million Over 2 Years, FY 2026 and FY 2027, to Reduce Consumption and Health Impacts of Sugar-Sweetened Beverages (SSBs) From: Sugar Sweetened Beverage Product Panel of Experts Recommendation: Adopt a Resolution allocating $2,294,774 from the General Fund in Fiscal Year 2026 (July 1, 2025 through June 30, 2026) and Fiscal Year 2027 (July 1, 2026 through June 30, 2027) that shall be invested in a grant program administered and coordinated by the Department of Health, Housing, and Community Services’ (HHCS) Public Health Division (HHCS/PHD) consistent with the Sugar-Sweetened Beverage Product Panel of Experts (SSBPPE) Commission’s goals to reduce the consumption of sugar sweetened beverages (SSB) in Berkeley and to address the health effects of SSB consumption. The total of $2,294,774 million will be distributed in two installments of $1,147,387 for FY2026 and $1,147,387 for FY2027. In each of these years, the funds will be distributed as follows:
a. Direct the City Manager to award up to 42.5% of the allocated funds to Berkeley Unified School District (BUSD) through a grant to implement and enhance the BUSD cooking and gardening programs which aid in reducing the consumption of sugar- sweetened beverages (SSBs) amongst students. The BUSD funding process is separate from the RFP process for community-based organizations and shall be guided by the SSBPPE Commission’s Criteria for the BUSD Funding Proposal. b. Direct the City Manager to award at least 42.5% of the allocated funds through an RFP process managed by HHCS/PHD for grants to community- based organizations consistent with the SSBPPE Commission’s goals to reduce the consumption of SSBs and to address the effects of SSB consumption. The RFP process for community- based organizations is separate from the BUSD funding process and shall be guided by the SSBPPE Commission’s Selection Criteria for Community Agency Grants. c. Direct the City Manager to utilize up to 15% of the allocated funds to support HHCS/PHD to coordinate and monitor the grant process, coordinate the overall program evaluation, and produce an annual report that disseminates process and outcome data from the epidemiologist resulting from the SSBPPE Commission funding program as well as pay certain City of Berkeley Finance Department costs related to the sugary drink tax.

Financial Implications: See report
Contact: Roberto Terrones, Commission Secretary, (510) 981-5400 Action: See action for Item 10b.

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Internal
Action Calendar – New Business
Tuesday, March 25, 2025 MINUTES Page 8
10b. Companion Report: Allocation of $2,294,774 Million Over Two Years, FY2026 and FY2027, to Reduce Consumption and Health Impacts of Sugar-Sweetened Beverages (SSBs)
From: City Manager
Recommendation: Adopt a Resolution allocating $2,294,774 from the General Fund total for Fiscal Year 2026 (July 1, 2025, through June 30, 2026) and Fiscal Year 2027 (July 1, 2026, through June 30, 2027) to be invested in a grant program administered and coordinated by the Department of Health, Housing, and Community Services’ (HHCS) Public Health Division (HHCS/PHD). This program will align with the Sugar-Sweetened Beverage Product Panel of Experts (SSBPPE) Commission’s goals to reduce sugar-sweetened beverage (SSB) consumption in Berkeley and address the health effects of SSB consumption. The total amount will be distributed in two installments of $1,147,387 annually for FY2026 and FY2027, as follows:

A. Award up to $905,292 of the allocated amount to the Berkeley Unified School District (BUSD) for the period of July 1, 2025, to June 30, 2027, through a grant proposal process. These funds will support the reduction of SSB consumption through the implementation and enhancement of BUSD cooking and gardening programs. The BUSD funding process will be separate from the general community- based organization funding process and guided by the SSBPPE Commission’s Criteria for BUSD Funding (Attachment 2 to the report).

B. Award up to $905,292 of the allocated amount for the period of July 1, 2025, to June 30, 2027, through an Request for Proposal (RFP) process managed by HHCS/PHD. These grants will be awarded to community-based organizations (CBOs) and will align with the SSBPPE Commission’s goals to reduce SSB consumption and address the effects of SSB consumption. The RFP process to determine CBO funding will be separate from the BUSD funding process and guided by the SSBPPE Commission’s Criteria for Community Agency Grants (Attachment 3 to the report).

C. For the period of July 1, 2025, to June 30, 2027, allocate $128,990 to the Finance Department for staffing costs and Muni-Services fees, and $355,200 to HHCS/PHD for staffing, operating, service delivery and consulting costs. HHCS/PHD will coordinate and monitor the grant process, manage awarded contracts, and provide activities aligned with the sugary beverage tax goals including providing education, outreach, and technical assistance to support local vendors as they work to comply with the Healthy Checkout ordinance and monitoring Berkeley funded hydration stations, and HHCS will provide an annual presentation to the SSBPPE Commission focused on process and outcome data and updates on Finance Department fees related to the sugary drink tax, to inform the Commission’s annual report.

D. Carry over any sugary drink tax revenue received in excess of $2,294,774 during FY2026 and FY2027 to be awarded for related services in FY2027–FY2029.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Scott Gilman, Health, Housing, and Community Services, (510) 981-5400
Action: Moved to Consent Calendar. Adopted Resolution No. 71,709–N.S.

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Internal
Information Reports
Tuesday, March 25, 2025 MINUTES Page 9

11. FY 2025 Mid-Year Budget Update Report
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000, Henry Oyekanmi, Finance, (510) 981-7300
Action: Received and filed.

12. Landmarks Preservation Ordinance Notice of Decision (LPO NOD):
2138 Kittredge Street/#LMIN2024-0006
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

13. Landmarks Preservation Ordinance Notice of Decision (LPO NOD):
3332 Adeline Street/#LMSAP2025-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 3 speakers.

Adjournment
Action: M/S/C (Taplin/Humbert) to adjourn the meeting.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Blackaby, Humbert, Ishii; Noes – None; Abstain – None; Absent –Tregub, O’Keefe, Lunaparra.

Adjourned at 9:57 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on March 25, 2025.
________________________
Mark Numainville, City Clerk
Communications
Item #1: Proposed Amendments to the Building Emissions Saving Ordinance (BESO); Amending Berkeley Municipal Code Chapter 19.81 (Item contains revised material)

1. David Lerman (2)

2. Isabella Almeida (9)
Item #9: ZAB Appeal: 3000 Shattuck Avenue, Use Permit #ZP2022-0046

3. Alisha Pember

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Internal
Tuesday, March 25, 2025 MINUTES Page 10

4. Larisa Cummings (2)

5. Lorrie LeLe on behalf of East Bay Residents for Responsible Development Waterfront

6. Andrew Sullivan

7. Kirk van Moon

8. Ross Stevenson

9. Noah Sudarsky

10.Kirsten Mahoney

11.Madeleine King
Fire Zone Concerns

12.Warren & Lorna Byrne (2)

13.Deirdre Duhan

14.Evan and Erika Mills

15.Bruce H. Feingold

16.Joan Wilson
Encampments

17.Steven Donaldson

18.Steve Smith

19.Steve Martinot

20.Nigel F.

Shattuck Security System

21.Isabel Thompson
Cash in Stores

22.Max Aue
Red Cross

23.Sheryl Drinkwater
Cesar Chavez Park

24.Stefani Berger
Adult Education Week

25.Brigitte Luna
Downtown Building

26.John Rice
Housing Safety Concern

27.David Lerman

28.Constance Rivemale
Bicycles and Pedestrians

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Internal
Tuesday, March 25, 2025 MINUTES Page 11

29.Lucas Miller

30.Rachel Doughty

31.Sheila Newberry

32.Beatriz Motta

33.John J. Parman

34.Lee Bishop

35.Lucas Cantor
Status of Grievance

36.Hector91 Phuentes

37.Kawal Ulanday
Towing Services

38.Andrew Paul Gutierrez
Civic Center Park

39.Libby Hruska

40.Councilmember Taplin
Relocation of People’s Park

41.Richard
ICE Concerns

42.Marla Wilson
Plans

43.Tillymaui
Forwards

44.Russbumper

45.Josh Atwood
Middle East Conflict

46.Cynthia Papermaster

47.Russbumper
UC Berkeley

48.Andrey Vinogradsky
Daylighting Concern

49.Shirley Kirsten

50.Sandra Sanchez (2)
Parking Concern

51.Rolf Bell

52.Fred Botha

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Internal
Tuesday, March 25, 2025 MINUTES Page 12

53.Shirley Kirsten
Chess Club

54.Jesse Sheehan
URL’s

55.Josh Atwood

56.Russbumper (3)
Supplemental Communications and Reports 1
Item #9: ZAB Appeal: 3000 Shattuck Avenue, Use Permit #ZP2022-0046

57.Supplemental material, submitted by Planning & Development Department

58.Lynn Cooper
Supplemental Communications and Reports 2
Item #2: Adopt an Ordinance to Prohibit the Sale or Use of Pricing Algorithms to Set Rents or Manage Occupancy Levels for Residential Dwelling Units; Adding Berkeley Municipal Code Chapter 13.63

59.Revised agenda material submitted by Councilmember Lunaparra, Councilmember Tregub, and Councilmember Blackaby
Item #9: ZAB Appeal: 3000 Shattuck Avenue, Use Permit #ZP2022-0046

60.Dave Fogarty

61.Janis Chang

62.Allison Riemer on behalf of Amy Chang

63.Larissa Cummings

64.Reed Dillingham

65.Paul Dillingham
Supplemental Communications and Reports 3
Ceremonial Matters

66. Presentation submitted by the Berkeley Public Library Item #8: Establishment of M-RD Zoning District, Associated General Plan and West Berkeley Plan Amendments, and Environmental Impact Report

67.Presentation submitted by the Planning and Development Department

68.Ashley James on behalf of Allan Moore

69.Christy Shirilla on behalf of Biocom California

70.Chip Harley

71.Todd Jersey

72.Darren

73.Beth Roessner

74.Jonathan Bachrach

75.Julie McCray
Item #9: ZAB Appeal: 3000 Shattuck Avenue, Use Permit #ZP2022-0046

76.Presentation submitted by the Planning and Development Department

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Internal
Tuesday, March 25, 2025 MINUTES Page 13

77.Daniel Peven on behalf of Yolanda Huang

78.Yolanda Huang

79.Gregory Kalkanis

80.Alisha Pember on behalf of Appellant East Bay Residents for Responsible Development

81.Todd Darling and Linda Jensen Darling

82.Penny Dedel
Item #10a: Allocation of $2,294,774 Million Over 2 Years, FY 2026 and FY 2027, to Reduce Consumption and Health Impacts of Sugar-Sweetened Beverages (SSBs)

83.Martin Borque (2)

84.Bernard Marszalek
Item #10b: Companion Report: Allocation of $2,294,774 Million Over Two Years, FY2026 and FY2027, to Reduce Consumption and Health Impacts of Sugar- Sweetened Beverages (SSBs)

85.Holly Scheider (2)
Miscellaneous

86.Unknown

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
April 29, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on April 29, 2025

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.

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $1,850,000 PROJECT  Fund  Source  Amount
Installation of Above Ground Storage Tank
and Removal of Underground Storage Tanks 601 Zero Waste $850,000 On-Call Waterfront
Engineering, Environmental, Permitting and
Construction Support Services
606
608
501
Mar – Coastal Conservancy
Marina Operations/Maint
Capital Improvements
$1,000,000
Total:      $1,850,000

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000.  As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services.  If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

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Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council April 29, 2025 Approval on April 29, 2025

BACKGROUND
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S., amending the City Manager’s purchasing authority for services

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Finance Department reviews all formal bid and proposal solicitations to ensure that they include provisions for compliance with the City’s environmental policies.  For each contract that is subject to City Council authorization, staff will address environmental sustainability considerations in the associated staff report to City Council.

RATIONALE FOR RECOMMENDATION
Need for the goods and/or services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Roopreet Walia-Soorma, Senior Buyer, Finance, 510-981-7311 Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on April 29, 2025
a. Installation of Above Ground Storage Tank and Removal of Underground Storage Tanks
b. On-Call Waterfront Engineering, Environmental, Permitting and Construction Support Services
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

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NEXT 30 DAYS
DATE SUBMITTED: April 29, 2025
Attachment 1

SPECIFICATION
NO.

DESCRIPTION OF

GOODS /

SERVICES BEING

PURCHASED
APPROX. RELEASE
DATE
APPROX. BID

OPENING DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. / DIVISION CONTACT NAME &
PHONE
25-11730-C Installation of Above
Ground Storage
Tank and Removal
of Underground
Storage Tanks
4/30/2025 5/1/2025 Permitting, Site
Mobilization/Demobilization,
Remove 2 underground storage
tanks, associated piping, and two
pump stations, Excavate
Impacted Soil, Site Restoration,
Perform environmental soil,
sidewall(s) and bottom of tank
sampling and analytical testing
and
perform groundwater sampling if
encountered and analytical
testing to laboratory, installation
of new aboveground fuel tank and
corresponding dispenser,
Draft and Final UST Removal
Report and obtain City of
Berkeley closure approval
$850,000.00 601-54-623-677-0000-
000-471-663110
Public Works / Operations / Zero
Waste
Robert Hernandez
981-6644
Priya Chopra
981-6338
Joy Brown
981-6629
Dept Total $850,000
25-11731-C On-Call Waterfront
Engineering,
Environmental,
Permitting and
Construction
Support Services
4/30/2025 5/1/2025 On-call services for the provision
of environmental documentation,
regulatory permitting, engineering
and construction support services
for various capital improvements
at the Berkeley Waterfront.
$1,000,000.00 On-Call contract-funding
will be available per
fiscal year from various
funding sources.

State Coastal
Conservancy Grant
606-52-545-000-0000-
000-472-612310-
Marina Fund
608-52-545-000-0000-
000-472-612310-
CIP Fund
501-5-545-000-0000-000-
461-612310-
PRW/Capital Nelson Lam
981-6395
Dept Total $1,000,000
TOTAL $1,850,000
1 of 2

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
April 29, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Contract: Public Consulting Group for Professional Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to enter into a contract with Public Consulting Group (PCG) for professional services related to the Ground Emergency Medical Transport (GEMT), Quality Assurance Fee (QAF), Intergovernmental Transfer (IGT), and Public Provider Ground Emergency Medical Transport (PP-GEMT) programs using the General Services Agency’s (GSA) contract No. 47QTCA20D004Y for an amount not to exceed $300,000 for the base contract period from May 1, 2025 through April 30, 2027 with one (1), two (2) year extension not to exceed $300,000 from May 1, 2027 through April 31, 2029 in an amount not to exceed $600,000 in total.

FISCAL IMPACTS OF RECOMMENDATION
PCG’s compensation for contracted services are based on PCG’s GSA Authorized Federal Supply Schedule Price List. In most cases, PCG is compensated once the City receives reimbursement from the California Department of Health Care Services (DHCS). The total contract with the extension, shall not exceed $600,000. Funds will be available through the General Fund.

CURRENT SITUATION AND ITS EFFECTS
California Department of Health Care Services (DHCS), in collaboration with Sacramento Metro Fire District, transitioned out of the GEMT Quality Assurance Fee (QAF) and the GEMT Certified Public Expenditure (CPE) programs. The new program, Public Provider Ground Emergency Medical Transport Intergovernmental Transfer Program (PP-GEMT IGT) went into effect on January 1, 2023 and significantly changed how supplemental payments were calculated. While the new program was being designed, the GEMT Certified Public Expenditure (CPE) program was put on hold in FY 2019 and cost reports were not being accepted by the DHCS. In order for the City to participate in the new PP-GEMT IGT program, the City is required to close out all reporting obligations that were put on hold beginning in FY 2019.

Since the GEMT program is no longer on hold, the Fire Department can receive supplemental payments from previous years. The Department must submit GEMT

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Contract: Public Consulting Group CONSENT CALENDAR
April 29, 2025

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reports for fiscal years 2019, 2020, 2021, 2022, and 2023. As the PP-GEMT IGT program evolves, additional work may be required from PCG to analyze City data or prepare documents related to these programs. If the PP-GEMT IGT program fails to launch, DHCS may revert back to the legacy program (GEMT-CPE) and PCG’s services will be needed to assist with preparation of the required reports.

BACKGROUND
The Department provides city-wide first responder medical and transport services.

When services are provided to a Medi-Cal recipient, allowable costs that are in excess of other Medi-Cal revenue received by the City qualify for supplemental payments through these programs.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There is no environmental effect as a result of this Resolution.

RATIONALE FOR RECOMMENDATION
PCG’s expertise, methodology, and approach to the report preparation is expected to yield an increase in supplemental payments compared to previous years.

ALTERNATIVE ACTIONS CONSIDERED
Staff would be required to painstakingly prepare and submit the five (5) cost-basis reports and any future reports and risk lower reimbursements to the City and a higher potential for a DHCS audit and subsequent repayment.

CONTACT PERSON
David Sprague, Fire Chief, (510) 981-3473
Attachments:
1: Resolution

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RESOLUTION NO. ##,###-N.S.

CONTRACT: PUBLIC CONSULTING GROUP
WHEREAS, the Fire Department provides city-wide first responder medical and transport services. When services are provided to a Medi-Cal recipient, allowable costs that are in excess of other Medi-Cal revenue received by the City qualify for supplemental payments through these programs; and
WHEREAS, the California Department of Health Care Services (DHCS), in collaboration with Sacramento Metro Fire District, transitioned out of the GEMT Quality Assurance Fee (QAF) and the GEMT Certified Public Expenditure (CPE) programs, and WHEREAS, the new program, Public Provider Ground Emergency Medical Transport Intergovernmental Transfer Program (PP-GEMT IGT) became effective January 1, 2023 and significantly changed how supplemental payments were calculated, and WHEREAS, while the new program was being designed, the GEMT Certified Public Expenditure (CPE) program was put on hold in FY 2019 and cost reports were not being accepted by the DHCS, and
WHEREAS, in order for the City to participate in the new PP-GEMT IGT program, the City is required to close out all reporting obligations that were put on hold beginning in FY 2019, and
WHEREAS, the GEMT program is no longer on hold and to receive supplemental payments from previous years, the Fire Department must submit GEMT reports for fiscal years 2019, 2020, 2021, 2022, and 2023, and
WHEREAS, as the PP-GEMT IGT program evolves, additional work may be required from PCG to analyze City data or prepare documents related to these programs. If the PP- GEMT IGT program fails to launch, DHCS may revert back to the legacy program (GEMT- CPE), PCG’s services will be needed to assist with preparation of required reports.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager enter into a contract with Public Consulting Group (PCG) for professional services related to the Ground Emergency Medical Transport (GEMT), Quality Assurance Fee (QAF), Intergovernmental Transfer (IGT), and Public Provider Ground Emergency Medical Transport (PP-GEMT) programs using the General Services Agency’s (GSA) contract No. 47QTCA20D004Y for an amount not to exceed $300,000 for the base contract period from May 1, 2025 through April 30, 2027 with one (1), two (2) year extension not to exceed $300,000 from May 1, 2027 through April 31, 2029 in an amount not to exceed $600,000 in total.

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Internal

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OFFICE OF THE CITY MANAGER

CONSENT CALENDAR
April 29, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Monica Walker, Interim Director of Human Resources Subject: Amend Berkeley Police Association (BPA) MOU Section 19.5 Administrative Leave for Captains (50 hours increased to 60 hours)

RECOMMENDATION
Adopt a Resolution amending Memorandums of Understanding (MOUs) for Berkeley Police Association (BPA) MOU Section 19.5 Administrative Leave for Captains to increase administrative leave from 50 to 60 hours.

FISCAL IMPACTS OF RECOMMENDATION
The fiscal impact for four Captains is approximately $4,422.00 annually.

CURRENT SITUATION AND ITS EFFECTS
In the most recent round of labor negotiations with Local One, the City increased the amount of administrative leave from 50 hours to 60 hours. This increase triggered a meet and confer requirement outlined in BPA MOU Section 19.5.3 which states, “During the term of this Agreement, in the event of another represented management level City employees group receive an increase to Administrative Leave resulting in greater than fifty (50) hours of Administrative Leave per year, the parties agree to meet and confer regarding comparable benefits for Police Captains.”

BACKGROUND
BPA represents Police Officers, Police Sergeants, Police Lieutenants, and Police Captains. Of these, Police Captain is the only classification designated as FLSA exempt, meaning employees in this classification do not earn overtime. In lieu of earning overtime, Police Captains have been credited with 50 hours of Administrative Leave each January.

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Internal
Amend Berkeley Police Association (BPA) MOU Section 19.5 Administrative Leave for Captains (50 hours increased to 60 hours)

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There is no environmental impact.

RATIONALE FOR RECOMMENDATION
Amending the BPA MOU to increase the amount of administrative leave from 50 hours to 60 hours annually fulfills the City’s meet and confer requirement that was triggered by the increase of similar hours granted to Local One and awards comparable benefits for Police Captains.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Monica Walker, Interim Director of Human Resources, (510) 981-6818.

ATTACHMENTS

1. Resolution: Amend Berkeley Police Association (BPA) MOU Section 19.5 Administrative Leave for Captains (50 hours increased to 60 hours) a. Exhibit A: Side Letter Agreement Between City of Berkeley and Berkeley Police Association, Revise MOU Section 19.5 Administrative Leave for Captains (50 hours increased to 60 hours)

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Internal
Amend Berkeley Police Association (BPA) MOU Section 19.5 Administrative Leave for Captains (50 hours increased to 60 hours)
Consent Calendar
April 29, 2025
RESOLUTION NO. ##,###-N.S.

AMEND BERKELEY POLICE ASSOCIATION (BPA) MOU
SECTION 19.5 ADMINISTRATIVE LEAVE FOR CAPTAINS
WHEREAS, the Berkeley Police Association (BPA) Memorandum of Understanding (MOU) Section

19.5 Administrative Leave for Captains currently credits Police Captains with fifty (50) hours of Administrative Leave in lieu of overtime; and
WHEREAS, the Berkeley Police Association (BPA) Memorandum of Understanding (MOU) Section

19.5.3 states, “During the term of this Agreement, in the event of another represented management level City employees group receive an increase to Administrative Leave resulting in greater than fifty (50) hours of Administrative Leave per year, the parties agree to meet and confer regarding comparable benefits for Police Captains;” and WHEREAS, in the most recent round of labor negotiations with Local One, the City increased the amount of administrative leave from 50 hours to 60 hours, which triggered a meet and confer requirement outlined in BPA MOU Section 19.5.3; and
WHEREAS, during the meet and confer process, the City and BPA tentatively agreed to increase the administrative leave for Police Captains from 50 hours to 60 hours.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Berkeley Police Association (BPA) MOU Section 19.5 Administrative Leave for Captains will be amended to increase administrative leave for Police Captains from 50 hours to 60 hours, credited every January 1 thereafter during the term of the agreement, with the balance of 10 hours for 2025 effective the first full pay period following Council authorization.

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Internal
Amend Berkeley Police Association (BPA) MOU Section 19.5 Administrative Leave for Captains (50 hours increased to 60 hours)
Exhibit A: Side Letter Agreement – Revise MOU Section 19.5 Administrative Leave for Captains (50 hours increased to 60 hours)

SIDE LETTER AGREEMENT

BETWEEN THE CITY OF BERKELEY AND

BERKELEY POLICE ASSOCIATION

The parties to this Side Letter Agreement are the City of Berkeley (the “City”) and Berkeley Police Association (the “BPA”).

The City and BPA have met and conferred and reached agreement on this Side Letter Agreement, which pertains to the Memorandum of Understanding regarding Administration Leave. In December of 2024, Local 1 and the City concluded their labor negotiations, allowing Local 1 to increase the Administrative Leave allotment from fifty (50) to sixty (60) hours.

After a review of the current language in the BPA MOU and the conclusion of the meet and confer, the Union and the City tentatively agreed that the Administrative Leave should be increased to sixty (60) hours. This Side Letter aims to clarify the language regarding Administrative Leave.

The parties hereby agree that:

19.5 Administrative Leave for Captains

19.5.1 Effective the first full pay period after City Council authorization and every January 1 each year thereafter, Captains shall be credited with sixty (60) hours of Administrative Leave. Such leave shall be in lieu of overtime earned by individuals in the ranks of Lieutenant and below. After successful completion of six (6) months of initial employment, employees are able to use Administrative Leave.

Administrative Leave which is not utilized during any calendar year will be credited to the individual's vacation balance at the end of the calendar year. All rules governing vacation balances and when vacation can be scheduled in Section 22 shall apply to Administrative Leave.

WHEREFORE, the parties by and through their authorized agents and representatives agree to the terms of this Side Letter Agreement subject to adoption or ratification of this Agreement by the City Council of the City of Berkeley.

FOR BPA FOR THE CITY OF BERKELEY
By __________________________ By __________________________

Date __________________________ Date __________________________

APPROVED AS TO FORM
______________________
City Attorney
______________________
Date

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Internal
Office of the City Manager

CONSENT CALENDAR
April 29, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Kevin Fong, Information Technology Director Subject: Contract No. 31900270 Amendment: Dell Marketing LP (“Dell”)

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900270 with Dell Marketing LP (“Dell”) for the purchase of hardware, software, and related services utilizing the County of Riverside Agreement 8084445, for an additional $2,786,057 for a total not to exceed value of $8,197,733 for the period commencing on November 1, 2019 and through October 31, 2027.

FISCAL IMPACTS OF RECOMMENDATION
Council authority is requested to allow for continued hardware and software purchases from Dell under County of Riverside Agreement 8084445, a competitively bid cooperative purchasing agreement, to support citywide enterprise computing equipment (PC’s, laptops, servers, storage, network equipment, software, etc.). Funding is available through a combination of the Department of Information Technology’s Fiscal Year (FY) 2026 IT Cost Allocation Fund and various City Departments on an as-procured basis, as City Departments fund their cost for procured equipment.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley participates in a competitively bid cooperative pricing agreement negotiated by the County of Riverside (Agreement No. 8084445) with Dell to obtain hardware, software, and related services. This agreement provides the City of Berkeley with standardized hardware and software at competitive prices and facilitates a consistent infrastructure and computing experience, as well as efficient troubleshooting and quick turnaround times for equipment replacement.

This agreement aligns with the City’s strategic priority to provide “state-of-the-art, well- maintained infrastructure, amenities, and facilities”.

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Internal

BACKGROUND
Formally, the City utilized a cooperative purchasing agreement known as WSCA, a cooperative purchasing arm of NASPO (a conglomeration of purchasing directors from fifteen western states formed to leverage their combined purchasing power to achieve competitive pricing discounts and streamline the acquisition of quality products and services from industry-leading vendors). The WSCA NASPO cooperative agreement terminated effective July 31, 2023 and no extension is available.

As a result, the City changed its cooperative agreement to use the County of Riverside Agreement. This competitively bid, cooperative agreement is used by multiple cities and counties in the State of California, including the State itself. Leveraging this cooperative agreement provides the City the best pricing vs. all competitive bids and cost models.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The technology equipment purchased from Dell is energy efficient and meets the standards required by law. The purchase and subsequent disposal of equipment is done responsibly using e-waste vendors and community non-profit agencies that provide technology equipment back into local communities to address the digital divide.

Additionally, keeping the City’s inventory routinely updated allows the City to purchase the most energy efficient hardware to meet the City’s goal of reducing energy consumption and maintaining an environmentally sound information technology infrastructure.

RATIONALE FOR RECOMMENDATION
Using competitively bid, cooperative purchasing agreements allows the City to gain greater efficiencies and economies of scale. The County of Riverside Agreement 8084445 is used by multiple cities and counties in the State of California and including the State itself.

Dell continues to provide excellent hardware and software to support the City’s enterprise computing needs, including network infrastructure, servers, and desktop computers. Dell also continues to provide exemplary customer service and response times that contributes to overall employee productivity and addresses the cybersecurity requirements of the City.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered issuing a specific bid for the City of Berkeley’s computer hardware and software requirements, but at this time, doing so would not yield better pricing than that which is currently established through the County of Riverside Agreement 8084445.

CONTACT PERSON
Kevin Fong, Director, Information Technology Department 510-981-6541 Attachments:
1: Resolution

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Internal
RESOLUTION NO. ##,###-N.S.

DELL MARKETING LP (“DELL”): USING COUNTY OF RIVERSIDE AGREEMENT 8084445 FOR HARDWARE AND SOFTWARE PURCHASES
WHEREAS, the City of Berkeley relies upon a technically sound and efficient computer network; and
WHEREAS, by purchasing from competitively bid, cooperative purchasing agreements such as County of Riverside to Agreement 8084445, the City of Berkeley is able to take advantage of pre-negotiated prices, economies of scale, and increased efficiencies; and WHEREAS, hardware and software for various City-wide enterprise and infrastructure projects is purchased from Dell, and maximizes the value of the City’s investment by adopting a citywide standard for equipment, such as PC’s, laptops and servers; and WHEREAS, Dell continues to offer the best overall value, reliable hardware, and excellent customer service since 1994; and
WHEREAS, enterprise funding is provided by Department of Information Technology’s Fiscal Year (FY) 2026 IT Cost Allocation Fund and various city department funds on an as-procured basis, as city departments fund their cost for procured equipment; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to increase the spending authority for purchase orders for computer hardware, software, and related services from Dell utilizing pricing from the County of Riverside Agreement 8084445 by an additional amount of $2,786,057 for a total not to exceed value of $8,197,733 for the period commencing on November 1, 2019 and through October 31, 2027.

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Public
Office of the City Manager

CONSENT CALENDAR
April 29, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Kevin Fong, Director, Information Technology Subject: New Contract: Tyler Technologies, Inc. for Open Data Portal (ODP) Hosting Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a new contract with Tyler Technologies, Inc., for the purposes of hosting the City’s Open Data Portal, in an amount not to exceed $171,323 for the period commencing on July 1, 2024 through June 30, 2027.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the hosting services for $171,323 is available in the Fiscal Year (FY) 2025- 2027 IT Cost Allocation Budget as itemized below, and funding for future years is subject to Council’s approval of future budgets and Annual Appropriation Ordinances.

FY 2025: Fund 680 Software Maintenance$54,345 (IT Cost Allocation, Software Renewal/Maintenance) FY 2026: Fund 680 Software Maintenance$57,062 (IT Cost Allocation, Software Renewal/Maintenance) FY 2027: Fund 680 Software Maintenance$59,916 (IT Cost Allocation, Software Renewal/Maintenance) $171,323 Total FY 2025-2027 Software Maintenance

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley’s Open Data Portal (https://data.cityofberkeley.info) is a web-based presence established to serve as a single point of access for Open Data (non-confidential, public data provided in searchable formats for unrestricted use to increase transparency and civic engagement). The portal is loaded with datasets directly from city systems and ready for download in numerous formats. The portal also provides a set of basic tools to create charts, graphs, maps and other visualizations so visitors who do not want to download the data can explore it in place.

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Public
New Contract: Tyler Technologies, Inc. For ODP CONSENT CALENDAR April 29, 2025
The Department of Information Technology (IT) manages the City of Berkeley’s Open Data Portal. Staff throughout the City, in coordination with IT and the City Manager’s Office, upload city business data to the portal for public consumption. City information is now easily accessible without requiring a Public Information Act request. The information that was regularly requested is now online on the City of Berkeley Open Data Portal, freeing staff to do other tasks.

The Open Data Portal aligns with Berkeley’s strategic goal to “Be a customer-focused organization that provides excellent, timely, easily-accessible service and information to the community”.

BACKGROUND
In August 2013, staff began researching and testing open data platforms to determine which would most efficiently support a pilot program for the City of Berkeley in Fiscal Year 2015, given existing citywide fiscal and staff constraints. This included Open Data Portal research, design, and documentation by interns of the Presidio Graduate School (
http://www.presidio.edu/).

In November 2013, Council issued a referral requesting the creation of an Open Data Policy, citing the Federal Memorandum for Transparency and Open Government.

In June 2014, the Department of Information Technology executed a contract with Socrata, Inc. (http://www.socrata.com/) to provide an Open Data platform and cloud hosting. At the time, Socrata, Inc. was the only company whose primary focus was providing open source data services to the public sector in the United States. Also in June 2014, the Department of Information Technology partnered with UC Berkeley’s School of Information (http://www.ischool.berkeley.edu/) to identify and onboard a volunteer intern Team Lead.

In November 2014, Staff provided an update to Council in City Council Information Report #45. In December 2014, the Open Data Portal pilot project went live after more than 1,500 hours of combined staff, intern, and student volunteer work. The core objective of the pilot program was to collect metrics around ODP performance, community use, and feedback from both community members and staff. During this pilot program, the City prioritized publishing datasets that community members frequently requested via Public Records Act requests, resulting in 24/7 access to this data, improved service to our community, and improved government transparency.

In 2018, Tyler Technologies, Inc. purchased the Socrata platform. Under Tyler Technologies, Socrata has kept its name and branding. In 2019, staff assigned the contract from Socrata, Inc. to Tyler Technologies, Inc. In 2025, a new contract was created with Tyler Technologies, Inc., for the purposes of hosting the City’s Open Data Portal, assuming the same terms and conditions as the previous contract it superceded.

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Public
New Contract: Tyler Technologies, Inc. For ODP CONSENT CALENDAR April 29, 2025
Since 2015, the City added about 77 datasets and 20 map layers on various City functions and operations, including crime incidents, 311 service requests, salaries, parcels and energy use.

ENVIRONMENTAL SUSTAINABILITY
By publishing the most frequently requested dataset requests, community members can now access this information at home and electronically, thereby decreasing contributions to global warming emissions and waste, respectively. This supports the Digital Strategic Plan goal of providing more online services and the goal of reducing greenhouse gas emissions of the City’s Climate Action Plan.

RATIONALE FOR RECOMMENDATION
Tyler Technologies, Inc. offers the Socrata platform as a user friendly and cost-effective solution for sharing the city’s business data across departments and with the public. This contract will enable the Department of Information Technology to continue to offer this valuable tool for an additional three years.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered not renewing licenses for the Socrata platform, but doing so would yield operation inefficiencies that would affect the quality of service delivered to City staff and the community.

CONTACT PERSON
Kevin Fong, Director, Information Technology, 510-981-6525 Attachments:
1: Resolution

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Public
New Contract: Tyler Technologies, Inc. For ODP CONSENT CALENDAR April 29, 2025
RESOLUTION NO. ##,###-N.S.

NEW CONTRACT: TYLER TECHNOLOGIES, INC. FOR OPEN DATA PORTAL (ODP)

HOSTING SERVICES
WHEREAS, the City of Berkeley’s Open Data Portal provides community members with access to data that is non-confidential and public provided in searchable formats for unrestricted use; and
WHEREAS, in August 2013, staff researched and tested multiple open data platforms and in November 2013, Council issued a referral requesting the creation of an Open Data Portal; and
WHEREAS, in June 2014, the Department of Information Technology executed a contract with Socrata, Inc. to provide professional and hosting services for an Open Data Portal; and in November 2014, Staff provided an update to Council with Information Report #45; and in December 2014, the Open Data Portal went live; and WHEREAS, more City information is now easily accessible without requiring a Public Information Act request; and
WHEREAS, government transparency is improved because the portal provides members of the public with the same access to raw data that governments have; and WHEREAS, in 2018, Tyler Technologies, Inc. purchased the Socrata platform and, in 2019, staff assigned the contract from Socrata, Inc. to Tyler Technologies, Inc. and in 2025 executed a new contract with Tyler Technologies, Inc. that supercedes the Socrata contract, but assumes the same terms and conditions; and WHEREAS, funding for the additional hosting services for $171,323 is available in the Fiscal Year (FY) 2025-2027 IT Cost Allocation Budget, and funding for future years is subject to Council’s approval of the proposed citywide Fiscal Year FY 2025-2027 Budget and Annual Appropriation Ordinances.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a new contract with Tyler Technologies, Inc., for the purposes of hosting the City’s Open Data Portal, for a contract amount not to exceed $171,323 for the period July 1, 2024 through June 30, 2027.

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Public
1900 Addison Street, 3rd Floor, Berkeley, CA 94704 ● Tel: (510) 981-4950 E-Mail: [email protected] Website: https://berkeleyca.gov/dpa

CONSENT CALENDAR
APRIL 29, 2025
To: Honorable Mayor Ishii and Members of the City Council From: Office of the Director of Police Accountability (ODPA) Submitted by: Hansel A. Aguilar, Director of Police Accountability (DPA) Subject: Adjustment to Police Accountability Board Stipend Cap Following AAO #1 Carryover Approval

RECOMMENDATION
Adopt a resolution temporarily increasing the stipend cap for Police Accountability Board (PAB) members to ensure the distribution of previously approved funds and provide compensation for meetings that exceeded the existing monthly cap.

SUMMARY
PAB members currently receive stipends of $110 per meeting, up to four meetings per month, as established by Resolution No. 69,739-N.S., adopted on March 9, 2021. On November 19, 2024, the City Council allocated $12,000 in FY 2024 carryover funds for “PAB Committee + Training Stipends Adjustments” as part of the Annual Appropriations Ordinance #1 (AAO#1). 1 These funds were intended to compensate PAB members for their expanded workload in 2024, including increased participation in subcommittees and training sessions. A temporary adjustment to the stipend cap is necessary to equitably distribute these funds in accordance with the Berkeley City Charter. While the ODPA secured additional stipend funding in the amount of $12,000 through AAO#1, implementation of a stipend increase requires City Council action via resolution, per Berkeley City Charter Section 125(11)(b).2

CURRENT SITUATION AND ITS EFFECTS
Berkeley City Charter Section 125(11)(b) authorizes the City Council to adjust Board member stipends no more than once per fiscal year, and not in excess of the Bay Area cost-of-living increase as measured by official U.S. economic reports. Berkeley City Charter Section(11)(b) states:

Adjustments to Board member stipends shall occur no more than once in a fiscal year and in no event shall an increase in Board 1 November 19, 2024 City Council Annotated Agenda: https://berkeleyca.gov/sites/default/files/city- council-meetings/2024-11-19%20Annotated%20Agenda%20-%20Council_0.pdf 2 Berkeley City Charter Section(11)(b): https://berkeley.municipal.codes/Charter/125(11)(b)

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Public
Adjustment to Police Accountability Board Stipend Cap Following AAO #1 CONSENT CALENDAR Carryover Approval APRIL 29, 2025

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member stipends exceed the change in the cost of living for the San Francisco Bay Area…
The City Clerk clarified in a March 7, 2025 correspondence that any increase in the stipend cap requires Council action through a submitted report and resolution:

To set the new rates, the ODPA can submit an item to Council showing the authority and calculations for the new amounts. The increase should be adopted in a Council Resolution that you include with the report.

This step is necessary even though the Council approved the associated funding via the AAO#1 carryover process.

BACKGROUND
The current stipend structure was set in Resolution No. 64,831-N.S, which established a per-meeting stipend of $100 and authorized CPI-based annual increases.3 This structure applies to the Police Accountability Board and a small number of other bodies.

The Board’s 2024 Workplan included oversight responsibilities and initiatives requiring time-intensive engagement beyond regular meetings, including:
 Implementation of an Early Intervention System (EIS)
 Finalization of the PAB’s and ODPA’s Regulations for Handling Investigations and Complaints4
 Extensive review of operational manuals and policies, including updates to the BPD’s Vehicle Pursuit Policy, Body-Worn Camera Policy, and other key policies.

To reflect the sustained increase in workload experienced during FY 2024, the ODPA successfully secured $12,000 in carryover funds under AAO#1 to support increased stipend costs. These funds, combined with existing budget authority, will enable the City to equitably compensate Board members once a new resolution is adopted. 3 March 9, 2021 Referral Response: Commission Low-Income Stipend Reform:
https://berkeleyca.gov/sites/default/files/documents/2021-03- 09%20Item%2003%20Referral%20Response%20Commission%20Low-Income.pdf 4 Berkeley Charter Section 125(18)(a) requires that the Director of Police Accountability and Board adopt regulations for handling complaints filed with the Director of Police Accountability by any member of the public alleging misconduct by sworn employees of the Police Department and undertake investigations of complaints as they deem warranted. The regulations shall include the following: (1) What constitutes a complaint; and (2) A provision for voluntary mediation of complaints in lieu of an investigation.

Since the implementation of Measure II, the PAB and ODPA have been handling complaints through the Interim Regulations for Handling Complaints Against Sworn Officers of the Police Department Approved by the City Council October 5, 2021.

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Adjustment to Police Accountability Board Stipend Cap Following AAO #1 CONSENT CALENDAR Carryover Approval APRIL 29, 2025

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ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental sustainability or climate impacts associated with this item.

POSSIBLE FUTURE ACTION
The ODPA will submit a Council item including a resolution authorizing a temporary increase in the monthly PAB stipend cap for FY 2026 should carryover funds be available.

In parallel, ODPA will conduct an internal assessment of member workload and meeting demands to determine whether future workplans require a permanent stipend cap adjustment. If such a determination is made, ODPA will return to Council with a recommendation supported by a budget adjustment and appropriate legislative action in the subsequent budget review process.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
Approving this cap adjustment has no fiscal impact, as the carryover funds were already approved for this purpose by the Council during the AAO process at its November 19, 2024, Regular Meeting.

CONTACT PERSON
Hansel A. Aguilar, Director of Police Accountability
Phone: (510) 981-4950
Email: [email protected]
Attachments:

1. Resolution AUTHORIZING A TEMPORARY ADJUSTMENT TO THE POLICE ACCOUNTABILITY BOARD STIPEND CAP FOR FISCAL YEAR 2025
PURSUANT TO BERKELEY CITY CHARTER SECTION 125(11)(b)

2. 2024 PAB Stipend History

3. FY24 Carryover Approval – AAO#1 Excerpt

4. 2025 Police Accountability Board Workplan

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1900 Addison Street, 3rd Floor, Berkeley, CA 94704 ● Tel: (510) 981-4950 E-Mail: [email protected] Website: https://berkeleyca.gov/dpa RESOLUTION NO. ##,###–N.S.

AUTHORIZING A TEMPORARY ADJUSTMENT TO THE POLICE
ACCOUNTABILITY BOARD STIPEND CAP FOR FISCAL YEAR 2025 PURSUANT TO BERKELEY CITY CHARTER SECTION 125(11)(b)
WHEREAS, Berkeley City Charter Article XVIII, Section 125(11)(b) authorizes the City Council to adjust the stipends paid to Police Accountability Board (PAB) members no more than once in a fiscal year and not in excess of the annual change in the cost of living for the San Francisco Bay Area, as measured by official United States economic reports; and WHEREAS, Resolution No. 69,739–N.S., adopted on March 9, 2021, established a stipend of $100 per meeting for PAB members, not to exceed four meetings per month, with future adjustments tied to the Consumer Price Index (CPI); and WHEREAS, on November 19, 2024, the City Council approved Resolution 7,940 N.S. which authorized $12,000 in carryover funding through the FY 2024 Annual Appropriations Ordinance #1 (AAO#1) to fund additional compensation for increased participation by PAB members in subcommittee meetings and training during Fiscal Year 2025; and WHEREAS, the Board’s 2024 Workplan included oversight responsibilities and initiatives that required time-intensive engagement beyond regular meetings, including the implementation of an Early Intervention System (EIS), the finalization of the PAB’s and ODPA’s Regulations for Handling Investigations and Complaints, and an extensive review of operational manuals and policies, such as updates to the BPD’s Vehicle Pursuit Policy, Body-Worn Camera Policy, and other key policies.

WHEREAS, the Office of the Director of Police Accountability confirms that sufficient appropriations are available in the FY 2025 budget to support this temporary stipend cap adjustment.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley temporarily increases the monthly stipend cap for eligible Police Accountability Board members to $600 for Fiscal Year 2025 only. This amount covers regular, special, and subcommittee meetings.

Additionally, stipends will be retroactively adjusted for work completed during Fiscal Year 2025 if the previous $300 monthly cap was exceeded.

BE IT FURTHER RESOLVED that this stipend cap adjustment shall expire automatically at the close of Fiscal Year 2025 on June 30, 2025, unless otherwise extended or modified by further Council action.

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Process for Adjusting Police Accountability Board Stipend CONSENT CALENDAR Cap Following AAO#1 Carryover Approval April 29, 2025

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BE IT FURTHER RESOLVED that the Office of the Director of Police Accountability may assess the ongoing workload and obligations of the Police Accountability Board as outlined in current and future workplans to determine whether a permanent adjustment to the stipend cap is warranted, and if so, shall return to Council with a proposal supported by a budget adjustment and legal authority.

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FY 2024 Unencumbered Carryover and FY 2025 Adjustments (AAO#1) Attachment 2 Fund # Fund Name Department
Recommended
Carryover
Recommended
Adjustment Description/Project name
Budget Mod
#
Updated?
(Y or N) To Budget Code
Mandated
by Law
Authorized by
Council
City Manager
Request Comments/Justification
011 General Fund
Office of the Director of
Police Accountability 20,000 New Office Furniture (1X Expense) 011-14-000-000-0000-000-412-various- X Need to obtain quote based on approved office location space. 011 General Fund
Office of the Director of
Police Accountability 20,000 New Office IT Reconfiguration (1X) 011-14-000-000-0000-000-412-various- X Carryover funding to pay for ODPA's IT reconfiguration for their new office 011 General Fund
Office of the Director of
Police Accountability 20,000 New Office A/V and misc. cost 011-14-000-000-0000-000-412-various- X Tenant Improvement cost (AV) 011 General Fund
Office of the Director of
Police Accountability 32,076
Stand-alone Website + social media
program launch 011-14-000-000-0000-000-412-various- X Stakeholder engagement- 125(14)(m) 011 General Fund
Office of the Director of
Police Accountability 58,118
VIRTRA-Virtual training simulator (1X
Expense) 011-14-000-000-0000-000-412-various- X Training and maintaining confidentiality- 125(14)(m) 011 General Fund
Office of the Director of
Police Accountability 12,000
PAB Committee + Training Stipends
Adjustments 011-14-000-000-0000-000-412-various- X Board Member Stipends 125(11)(a) 011 General Fund
Office of the Director of
Police Accountability 25,071 Outreach (Promotional materials) 011-14-000-000-0000-000-412-various- X Stakeholder engagement- 125(14)(m) 011 General Fund
Office of the Director of
Police Accountability 24,250
Outreach (Community Engagement
Meetings) 011-14-000-000-0000-000-412-various- X Stakeholder engagement- 125(14)(m) 011 General Fund
Office of the Director of
Police Accountability 25,000 Public Safety Pulse Survey 011-14-000-000-0000-000-412-various- X Stakeholder engagement- 125(14)(m) Office of the Director of
Police Accountability
Total 236,516 -

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1 Table of Contents
Mission Statement ................................................................................................................................................2 Guiding Authorities ..............................................................................................................................................2 Recurring Mandates..............................................................................................................................................2 Charter Powers and Duties ...............................................................................................................................2 Requirements Under the Berkeley Municipal Code .........................................................................................3 PAB Objectives for 2025......................................................................................................................................4 2025 PAB Meeting Calendar................................................................................................................................5

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2 Mission Statement
“The purpose of the Police Accountability Board is to promote public trust through independent, objective, civilian oversight of the Berkeley Police Department, provide community participation in setting and reviewing Police Department policies, practices, and procedures, and to provide a means for prompt, impartial and fair investigation of complaints brought by members of the public against sworn employees of the Berkeley Police Department” (Berkeley City Charter Section 125(1)).

Guiding Authorities
The Police Accountability Board’s (PAB) work plan is guided by Berkeley City Charter Section 1251, ordinances enacted by City Council 2, the City of Berkeley’s Commissioner’s Manual 3, and the PAB’s adopted standing rules. These authorities define the PAB’s responsibilities, establish its procedural framework, and ensure alignment with city policies to promote effective civilian oversight of law enforcement.

Recurring Mandates
The Police Accountability Board has annual mandatory responsibilities outlined in the City Charter and the Berkeley Municipal Code.

Charter Powers and Duties
The mandatory provisions for the PAB in the City Charter deal with the composition and procedures of the PAB. Many of the provisions deal with the requirements of individual board members such as the training requirement or term limits. The active actions the PAB, as a whole, is required to take in the City Charter are:
 approve the annual report from the DPA as outlined in the Charter (Berkeley City Charter Section 125(16)(c));
 reviewing and making recommendations on newly adopted policies submitted by the Chief of Police (Berkeley City Charter Section 125(17)(a));
1 Berkeley City Charter Section 125: https://berkeley.municipal.codes/Charter/125 2 Currently, Berkeley Municipal Code 2.99 and 2.100 assign the PAB with additional reviews not listed in the charter: https://berkeley.municipal.codes/
3 City of Berkeley’s Commissioner’s Manual: https://berkeleyca.gov/sites/default/files/2022-03/Commissioners- Manual.pdf

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3  adopt regulations for handling complaints filed with the DPA (Berkeley City Charter Section 125(18));
 consult with the City Manager for the hiring of a new Chief of Police during a vacancy (Berkeley City Charter Section 125(22));
 receiving information on any agreed contracts adopted by the City Council related to the PAB’s work (Berkeley City Charter Section 125(25));
 creating a regular commendation program for sworn employees of the BPD (Berkeley City Charter Section 125
(26)); and
 conducting a review of its internal processes every two years (Berkeley City Charter Section 125(28)).

The City Charter also puts mandatory limits of the PAB’s power. The PAB is unable to limit the City Council, Chief of Police, or City Manager’s authority derived from other provisions of the City Charter to act on policing matters. The PAB does not have the authority to supplant the authority of the City Manager or Chief of Police.

Requirements Under the Berkeley Municipal Code
According to Chapter 2.99 of the Berkeley Municipal Code, the PAB plays a role in reviewing the city's use of surveillance technology by:
 Reviewing Surveillance Use Policy: The City Manager must present a Surveillance Use Policy and report for each new surveillance technology to the PAB before it goes to the City Council for approval. (Section 2.99.030(2))
 Providing Recommendations: The PAB can then vote to recommend approval of the policy, object to it, suggest modifications, or take no action. However, their decision is not binding, and the City Council can still proceed with adopting the policy. (Section

2.99.030(2))
The Berkeley Municipal Code Chapter 2.100, titled "Police Equipment and Community Safety Ordinance," establishes the PAB’s role in regulating the acquisition and use of "Controlled Equipment" by the police department. Here's how the PAB is involved:

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4  Review and Recommendation: Before the City Council approves the acquisition or use of any Controlled Equipment, the Police Department must submit a Controlled Equipment Impact Report and a Controlled Equipment Use Policy to the PAB for review and recommendation. (Section 2.100.040(A))
 Specific Requirements: The PAB is tasked with reviewing the proposed equipment and policy based on specific criteria, including:
o Potential impact on the community, particularly on protected groups. (Section

2.100.050(A)(2)(a))
o Whether alternative equipment or de-escalation tactics could achieve the same goal. (
Section 2.100.050(A)(2)(b))
o Consistency with the City's values and community policing principles. (Section

2.100.050(A)(2)(c))
 Recommendation Outcome: The PAB then issues a written recommendation to the City Council, which can be approval, disapproval, or suggestions for modification. However, the City Council has the final say on whether to approve the acquisition or use of the Controlled Equipment. (Section 2.100.040(A))
PAB Objectives for 2025
On February 1, 2025, the PAB held a strategic planning session at the Office of the Director of Police Accountability (ODPA). During the retreat, the Board reviewed its key strategic goals and priorities, identifying the following objectives for 2025:

No. Objectives Charter Section
1 Achieve full PAB staffing and enhance community participation through strengthened stakeholder engagement.
125(5)(a)
2 Oversee the effective implementation of the Early Intervention System (EIS).
125(17)(a)
3 Finalize an updated operations manual that aligns with the PAB’s operational needs.
125(3)(a)(6)
4 Catalog and prioritize pending policy reviews before the PAB. 125(17)(a) 5 Expand the PAB’s academic network to strengthen research capabilities and overall work product.
125(3)(a)(1)
6 Complete the review of the PAB's regulations for investigating personnel complaints.
125(18)(a)

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5 2025 PAB Meeting Calendar

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
April 29, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Contract No. 32200208 Amendment: West Coast Code Consultants for Plan Checking Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200208 with West Coast Code Consultants (WC3) to add additional funds, increasing the contract amount by $100,000 to a new total not-to-exceed contract amount of $1,600,000.

FISCAL IMPACTS OF RECOMMENDATION
The full costs for outside plan checking services are covered by plan check fees paid by applicants. The consultants are used on an as-needed basis, which varies based on the availability of in-house resources, as well as on the level and complexity of construction projects. The consultants invoice the City by project, based on work completed. All contract expenditures are fully covered from fees paid by project applicants.

Funding for the proposed amendment to this contract is available in the FY 2025 budget from the Permit Service Center Fund in account number 621-53-585-634-0000-000- 472-612990-. No other funding is required.

CURRENT SITUATION AND ITS EFFECTS
The Building and Safety Division has issued a Request for Proposals (RFP) for a new set of plan check consultants. Staff expect this RFP process to be completed, and new contracts recommended to Council for approval, by June 2025.

Until new contracts are in place, staff propose increasing the amount of the existing contract with WC3. This will enable WC3 to continue providing plan check services for the City upon request and at project applicant expense. The services provided allow the Building and Safety Division to maintain a turnaround time for plan review that meets the City’s performance objectives and the needs of the community. Consultants can be used flexibly when volume is higher than staff can handle, and to maintain necessary services in the face of unforeseeable staff shortages. Consultants also provide special expertise when needed, such as reviews for large and complex projects such as high-

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Amend Contract with West Coast Code Consultants for Plan Check Services CONSENT CALENDAR April 29, 2025

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rise buildings, the soft-story program, advanced or alternate building systems such as heavy timber projects and other customized construction.

BACKGROUND
On May 16, 2022, following an RFP procurement process and contract authorization by Council, the City Manager entered into a contract with WC3 to provide plan check services for a contract period of three years in amount not to exceed $1,500,000 (Resolution No. 70,231-N.S.).

On March 12, 2025, the Planning Department issued a Request for Proposals (Spec No. 25-11713-C) for plan checking services.

On March 17, 2025, the City extended the existing contract with WC3 for a period of six months, for a new termination date of September 30, 2025.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
Without this expert help, plan review time would be increased substantially, particularly on large and complex projects, and special expertise would have to be contracted on a case-by-case basis, causing extensive delays.

The City is satisfied with the services provided by WC3 to date under this contract, and the proposed amendment will provide the consultant with additional capacity to provide the services needed while the Planning Department reviews proposals in response to the issued RFP and completes the contract process.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Jordan Klein, Director, Planning and Development Department, 510-981-7534 David Lopez, Manager, Building & Safety Division, 510-981-7441 Attachments:
1: Resolution

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RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 32200208 AMENDMENT: WEST COAST CODE CONSULTANTS

FOR PLAN CHECK SERVICES
WHEREAS, the Planning Department issued a Request for Proposals on October 5, 2021 (Spec No. 22-11467-C) for plan checking services; and
WHEREAS, based on written proposals received, staff selected West Coast Code Consultants (WC3) to provide such services; and
WHEREAS, on May 16, 2022 the City Council adopted Resolution 70,231-N.S., authorizing the City manager to enter a contract in an amount not-to-exceed $1,500,000 with WC3 to provide such services; and
WHEREAS, the City extended the contract for a period of six months, for a new termination date of September 30, 2025; and
WHEREAS, expected City needs for external plan check services will require work from WC3 which exceeds its current contract not-to-exceed amount; and WHEREAS, additional funding in the amount of $100,000 is currently available in the Permit Service Center Fund (621) for this work.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32200207 with WC3 to provide plan check services for an additional amount of $100,000, to a new total contract not-to-exceed amount of $1,600,000, for the period extending through September 30, 2025.

BE IT FURTHER RESOLVED, that a record signature copy of said contract and any amendments will be on file in the Office of the City Clerk.

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200207 with Telesis to add additional funds, increasing the contract amount by $100,000 to a new total not-to-exceed contract amount of $1,600,000.

Until new contracts are in place, staff propose increasing the amount of the existing contract with Telesis. This will enable Telesis to continue providing plan check services for the City upon request and at project applicant expense. The services provided allow the Building and Safety Division to maintain a turnaround time for plan review that meets the City’s performance objectives and the needs of the community. Consultants can be used flexibly when volume is higher than staff can handle, and to maintain necessary services in the face of unforeseeable staff shortages. Consultants also provide special expertise when needed, such as reviews for large and complex projects such as high-rise buildings, the soft-story program, advanced or alternate building systems such as heavy timber projects and other customized construction.

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Amend Contract with Telesis for Plan Check Services CONSENT CALENDAR April 29, 2025

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BACKGROUND
On May 16, 2022, following an RFP procurement process and contract authorization by Council, the City Manager entered into a contract with Telesis to provide plan check services for a contract period of three years in amount not to exceed $1,500,000 (Resolution No. 70,230-N.S.).

On March 12, 2025, the Planning Department issued a Request for Proposals (Spec No. 25-11713-C) for plan checking services.

On March 17, 2025, the City extended the existing contract with Telesis for a period of six months, for a new termination date of September 30, 2025.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.

The City is satisfied with the services provided by Telesis to date under this contract, and the proposed amendment will provide the consultant with additional capacity to provide the services needed while the Planning Department reviews proposals in response to the issued RFP and completes the contract process.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Jordan Klein, Director, Planning and Development Department, 510-981-7534 David Lopez, Manager, Building & Safety Division, 510-981-7441 Attachments:
1: Resolution

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RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 32200207 AMENDMENT: TELESIS FOR PLAN CHECK SERVICES WHEREAS, the Planning Department issued a Request for Proposals on October 5, 2021 (Spec No. 22-11467-C) for plan checking services; and
WHEREAS, based on written proposals received, staff selected Telesis to provide such services; and
WHEREAS, on May 16, 2022 the City Council adopted Resolution 70,230-N.S., authorizing the City manager to enter a contract in an amount not-to-exceed $1,500,000 with Telesis to provide such services; and
WHEREAS, the City extended the contract for a period of six months, for a new termination date of September 30, 2025; and
WHEREAS, expected City needs for external plan check services will require work from Telesis which exceeds its current contract not-to-exceed amount; and WHEREAS, additional funding in the amount of $100,000 is currently available in the Permit Service Center Fund (621) for this work.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32200207 with Telesis to provide plan check services for an additional amount of $100,000, to a new total contract not-to-exceed amount of $1,600,000, for the period extending through September 30, 2025.

BE IT FURTHER RESOLVED, that a record signature copy of said contract and any amendments will be on file in the Office of the City Clerk.

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
April 29, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Purchase Order Amendment: Braun Northwest Inc. for Two (2) 2025 Ford F- 450 North Star Engine Remount of Ambulance Bodies to New Chassis

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend the purchase order with Braun Northwest, Inc. to purchase two (2) 2025 Ford F-450 North Star Ambulance chassis by increasing the purchase order amount by $75,000 for a total not-to-exceed amount of $505,000.

FISCAL IMPACTS OF RECOMMENDATION
The purchase of two (2) 2025 Ford F-450 North Star ambulance chassis will not exceed $505,000.00. The increase in the not-to-exceed amount is needed as the previous authorization did not include sales tax. The funding necessary for this purchase is available in the approved FY 2025 Budget, Equipment Replacement Fund 671.

Total
Current Purchase Order Amount $430,000
Proposed Amendment Increase $75,000
Total Not-To-Exceed Amount $505,000

CURRENT SITUATION AND ITS EFFECTS
This order will replace the chassis of two ambulances (Equipment ID 19001 and 19003) that are nearing the end of their useful service life. Both vehicles were put in service in 2020 and are planned for replacement in July 2026. The average time to remount and upfit an ambulance is 12 or more months which is why the purchase is being requested at this time. One ambulance chassis was ordered with previous Council authorization on December 10, 2024, through Resolution No. 71,623-N.S.

The existing ambulance bodies are customized for optimal Fire Department use and are in good condition. These bodies will be remounted on new chassis to extend the

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Purchase Agreement Amendment with Braun Northwest, Inc. CONSENT CALENDAR For Two (2) 2025 North Star Engine Remounts April 29, 2025

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useful life of the vehicles. The practice of remounting ambulance bodies on new chassis rather than purchasing new ambulances is an effective cost saving measure as it will save over $100,000. This amendment is necessary as additional funding is needed to cover the sales tax for these purchases.

Both of the existing chassis will be repurposed and equipped with emergency response capabilities so that they can be used in the event of a Fire Department emergency event.

These vehicles are used 24/7 by the City’s Emergency Medical Services (EMS) Division in the course of their job duties.

This purchase agreement will support the City’s Strategic Plan Goal of creating a resilient, safe, connected, and prepared City.

BACKGROUND
If a purchase request exceeds $100,000.00, the Department of Finance, General Services Division may solicit bids or leverage an existing contract that was competitively bid by another entity to purchase similar goods or services.

The City has been a no-cost member of the Houston-Galveston Area Council (HGACBuy), a Cooperative Purchasing Program that has offered inter-local purchasing since 2008. HGACBuy provides procurement services that make the government procurement process more efficient by establishing competitively priced contracts for goods and services made available to local governments nationwide.

All products and services offered through HGACBuy have been subjected to a public competitive bid process. On June 9, 2023, HGACBuy released a Request for Proposal No. AM 10-23 for Ambulances, EMS and Other Special Service Vehicles. The solicitation was nationally advertised for forty-eight days (48). On August 10, 2023, twenty-three (23) proposals were submitted and reviewed. On October 1, 2023, Houston-Galveston Area Council selected Braun Northwest, Inc. as the best responsive and responsible proposers to meet the specifications, thusly awarding Contract No. AM10-23.

HGACBuy charges an order processing charge for each sale successfully completed through their contract. For this purchase, a flat fee of $4,000.00 will be paid directly to HGACBuy by Braun Northwest, Inc.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
For fleet purchases, Public Works staff researches the feasibility and availability of fully electric vehicles and hybrid-electric powertrains to support the City’s transition off fossil fuels. Staff research found that there are no viable electric or hybrid electric ambulance chassis for consideration. The Fire Department would like to transition its fleet of front- line EMS vehicles to electric vehicles. This is likely to not be financially feasible until all

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Purchase Agreement Amendment with Braun Northwest, Inc. CONSENT CALENDAR For Two (2) 2025 North Star Engine Remounts April 29, 2025

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firehouses are remodeled/rebuilt to include the appropriate infrastructure and/or the price of electric ambulance vehicles decrease or additional revenue is identified.

RATIONALE FOR RECOMMENDATION
The vehicles are in service now and the chassis are past their useful life. These vehicle bodies are in good condition and can be remounted on new chassis. A purchase order is needed to purchase new chassis and transfer the current ambulance bodies.

Ambulances in good working condition are essential to respond, provide treatment and transport members of our community that experience medical emergencies. The existing chassis will be repurposed as utility units, equipped with emergency response capabilities and considered new to fleet emergency service vehicles.

ALTERNATIVE ACTIONS CONSIDERED
The purchase of new ambulances is cost prohibitive. The alternative would be full vehicle replacement and there is insufficient funding in the Equipment Replacement Fund 671 to accommodate that option.

CONTACT PERSON
Joy Brown, Operations Manager, (510) 981-6629
Don Colbert, Sr. Equipment Maintenance Supervisor, (510) 981-6467 David Sprague, Fire Chief (510) 981-3473
Attachment:
1: Resolution

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RESOLUTION NO. ##,###-N.S.

PURCHASE ORDER AMENDMENT WITH BRAUN NORTHWEST, INC FOR TWO (2) 2025 FORD F-450 NORTH STAR ENGINE REMOUNTS OF AMBULANCE BODIES

TO NEW CHASSIS
WHEREAS, on December 10, 2024, by Resolution No. 71,623-N.S. the City Council authorized a Purchase Order with Braun Northwest Inc. in an amount not-to-exceed $430,000 for Two (2) 2025 Ford F-450 North Star Engine remounts of ambulance bodies to new chassis; and
WHEREAS, this purchase will replace engine chassis that are nearing the end of their useful service life as front line, initial response vehicles. Ambulances in good repair are needed by the City of Berkeley Fire Department to provide ambulatory services; and WHEREAS, the City has been a no-cost member of the Houston-Galveston Area Council (HGACBuy), a Cooperative Purchasing Program that has offered inter-local purchasing since 2008: and
WHEREAS, on June 9, 2023, HGACBuy released a Request for Proposal No. AM 10-23 for Ambulances, EMS and Other Special Service Vehicles. The solicitation was nationally advertised for forty-eight days (48). On August 10, 2023, twenty-three (23) proposals were submitted and reviewed. On October 1, 2023, HGACBuy selected Braun Northwest, Inc. as the best responsive and responsible proposers to meet the specifications, thusly awarding Contract No. AM10-23; and WHEREAS, the current purchase order amount not-to-exceed is insufficient to pay the sales tax which was not included in the previous purchase order cost and the City has need of Braun Northwest Inc. chassis remount of ambulance bodies; and WHEREAS, additional funding in the amount of $75,000.00 will be available in the FY 2025 baseline budget in the Equipment Replacement Fund (671).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or his designee is hereby authorized to amend the purchase order with Braun Northwest Inc. for two (2) ambulance engine remounts to new chassis in the amount not-to-exceed $505,000.00

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CONSENT CALENDAR
April 29, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director of Public Works
Subject: Final Map of Tract 8717: 805 Jones Street

RECOMMENDATION
Adopt a Resolution approving the final map of Tract Map 8717 for a 7-unit condominium project consisting of 6 residential units and 1 commercial unit at 805 Jones Street.

FISCAL IMPACTS OF RECOMMENDATION
There is no cost to the City. The applicant paid the appropriate fees with the submission of their tract map application.

CURRENT SITUATION AND ITS EFFECTS
The Planning Commission approved tentative Tract Map 8717 for a 7-unit condominium project consisting of 6 residential units and 1 commercial unit at 805 Jones Street on December 4, 2024, and that map is valid for 24 months from the approval date. Prior to the sale of any condominium units, state law and City Ordinances require the owner to submit a final map to City Council for approval. The Public Works Department and the Planning and Development Department review final tract maps to determine whether they are in substantial compliance with previously approved tentative maps.

The owner duly submitted a final map for this project within the required 24-month timeframe and is now seeking Council approval.

BACKGROUND
On December 4, 2024, the Planning Commission voted to approve the application of Matthew Wadlund (owner of the 805 Jones Street property) for a 7-unit condominium project as described above.

Section 21.20.100 of the Berkeley Municipal Code requires City Council approval of all final map subdivisions. In addition, pursuant to Section 66474.1 of Division 2 of the Government Code, a legislative body must approve such a final map if it finds it to be in substantial compliance with the approved tentative map.

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Final Map of Tract 8717: 805 Jones Street CONSENT CALENDAR April 29, 2025

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All conditions of approval have been completed to the satisfaction of the Public Works Department and the Planning and Development Department. Staff have examined the final map and determined it to be in substantial compliance with the approved tentative map.

The final map is meant to provide a record of the underlying property survey and does not constitute approval of a proposed or existing structure upon the property. Separate action is required for this approval, which has been obtained by virtue of use permits and building permits.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This project complies with the California Green Building Standards Code (CALGreen).

CALGreen is California’s green building code to improve public health, safety, and general welfare through enhanced design and construction of buildings utilizing concepts which promote a positive environmental impact and sustainable construction practices.

RATIONALE FOR RECOMMENDATION
Pursuant to Section 66474.1 of Division 2 of the Government Code, the City Council must approve the final map if it finds it to be in substantial compliance with the approved tentative map. Staff has reviewed the map and finds it to be in substantial compliance with the tentative map.

ALTERNATIVE ACTIONS CONSIDERED
No other alternative course of action is recommended.

CONTACT PERSON
Ronald A. Nevels, Manager of Engineering, Engineering Division (510) 981-6439 Vincent Chen, Supervising Civil Engineer, Engineering Division (510) 981-6409 Attachment:
1: Resolution
Exhibit A: Tract Map 8717

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RESOLUTION NO. ##,###-N.S.

FINAL MAP OF TRACT 8717: 805 JONES STREET
WHEREAS, the Zoning Adjustments Board approved Use Permit No. ZP2022-0162 on October 26, 2023 to construct three, two-story duplexes for a total of 6 residential units and a second-story addition to the existing commercial building; and WHEREAS, the Berkeley Planning Commission has determined that the tentative map of Tract 8717 conforms to the requirements of the City’s subdivision Ordinance, and the California Subdivision Map Act, and approved the tentative map of Tract 8717 on December 4, 2024; and
WHEREAS, the Public Works Department and the Planning and Development Department have certified that the final map of Tract 8717 substantially conforms to the conditionally approved tentative map, as required by the California Subdivision Map Act.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the final map of Tract 8717 for a 7-unit condominium project consisting of 6 residential units and 1 commercial unit at 805 Jones Street, is hereby approved.

Exhibits
A: Tract Map 8717

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PRELIMINARY

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
April 29, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Department of Public Works Subject: Contract: Bay Cities Paving & Grading, Inc. for FY 2025 Street Maintenance and Rehabilitation Project

RECOMMENDATION
Adopt a Resolution:

1. Approving plans and specifications for the FY 2025 Street Maintenance and Rehabilitation Project, Specification No. 25-11690-C;

2. Accepting the bid of Bay Cities Paving & Grading, Inc. 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 completion of the project, in accordance with the approved plans and specifications in an amount not to exceed $12,323,848.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available as listed below. No other funding is required, and no other projects will be delayed due to this expenditure. This project is funded through the existing Five-Year Paving Plan, as adopted by Council in 2023. Revenue from the 2024 voter approved Sustainable and Accountable Funding for Equitable Street Transformation, Revitalization, Enhancements, and Essential Traffic Safety (SAFE STREETS) Initiative Parcel Tax (Measure FF) will not be available until December of 2025.

Low bid by Bay Cities Paving & Grading, Inc. $11,203,498.17 10% Contingency $1,120,350
Total construction cost $12,323,848
FY 2025 Street Capital Improvement Program Funding
State Transportation Tax (127) .................................................................$444,303 Road Maintenance & Rehabilitation Account/SB1 (127) .......................$1,700,000 Measure B Local Streets & Roads (130) .................................................$127,608 Measure F Vehicle Registration Fee (133) ...............................................$155,000 Measure BB Sales Tax (134).................................................................$2,980,000 Capital Improvement Fund (501) ...........................................................$4,791,937 Zero Waste Fund (601)..........................................................................$1,000,000 Clean Storm Fund (616) ........................................................................$1,125,000 Total construction funding $12,323,848

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Contract: Bay Cities Paving & Grading, Inc. for CONSENT CALENDAR FY 2025 Street Maintenance and Rehabilitation Project April 29, 2025

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CURRENT SITUATION AND ITS EFFECTS
The FY 2025 Street Maintenance and Rehabilitation Project (Specification No. 25-11690-C) was released for bids on February 13, 2025, and bids were opened on March 13, 2025. Two non-local bids were received, from a low of $11,203,498.17 to a high of $12,978,378.75 (see Attachment 3, Abstract of Bids).

The low bidder was Bay Cities Paving & Grading, Inc., with a bid of $11,203,498.17, which is below the Engineer’s estimate of $13.2 million. Staff has verified that Bay Cities Paving & Grading, Inc. is the lowest, responsive and responsible bidder. This project includes a 10% contingency, which brings the total contract amount up to the requested $12,323,848. Staff recommends that a contract for this project be awarded to Bay Cities Paving & Grading, Inc.

The FY 2025 Street Maintenance and Rehabilitation Project is a Strategic Plan Priority Project, advancing our goal of providing state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
Several streets throughout Berkeley are scheduled for rehabilitation as part of the City’s Five- year Street Rehabilitation Plan (Five-Year Plan). The City maintains a rolling Five-Year Plan for resurfacing and repaving City streets. Staff develops the plan using a Pavement Management System supported by the Metropolitan Transportation Commission (MTC). The Five-Year Plan was updated for Fiscal Years 2024 through 2028 by Resolution 71,120-N.S. adopted by Council on November 28, 2023. The Five-Year Plan aims to complete 46.73 miles of street rehabilitation with nearly $90 million in funding over five years. Funding sources primarily include the State Transportation Tax, Road Repair and Accountability Act, and Measure BB. Additionally, a new annual allocation of $1 million from the Zero Waste Fund for FY 2024 to FY 2026, increasing to $2 million for FY 2027 and FY 2028, is intended to offset the impact of Zero Waste collection vehicles on the City’s pavement.

The Street Rehabilitation and Repair Policy created by Resolution 55,384-N.S. and most recently updated by 70,204-N.S. to include Equity Zone considerations, contains the essential criteria for developing the plan and consists of the following:
 To the extent financially practical, implementing the paving plan shall advance California Assembly Bill 413 (AB 413) and City plans, e.g., the Complete Streets Policy, Vision Zero Policy and Action Plan, Pedestrian Plan, and Bicycle Plan.  Rehabilitation of contiguous sections of roadway rather than one block at a time shall be preferred when feasible.
 Strive to maintain all roads within the primary transportation network (arterials, collectors, bus routes, existing and proposed low-stress bikeway network, and equity zone) at a target Pavement Conditions Index (PCI) of 70.  The benefits of good infrastructure shall be distributed equitably throughout the entire community regardless of the income, political influence, or demographic characteristics of the residents of each area. The newly established Equity Zone shall be prioritized to meet an average PCI of 70 sooner than the remainder of the City.  Coordinating sewer, water, electrical, telecom, undergrounding, and other activities.

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Contract: Bay Cities Paving & Grading, Inc. for CONSENT CALENDAR FY 2025 Street Maintenance and Rehabilitation Project April 29, 2025

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This contract is for the paving of approximately 10 miles of City streets. It consists of rehabilitation and surface sealing of selected streets, as shown in Attachment 2: Location Map & List of Streets (taken from the City’s Five-Year Plan adopted by Council in November 2023).

In addition to street pavement, the project incorporates other improvements to selected streets in compliance with California Assembly Bill 413 (AB 413), the Berkeley Complete Streets Policy (Resolution No. 65,978-N.S.), the Americans with Disabilities Act (ADA), and stormwater best management practices. Improvements implemented under AB 413 will include installation of red curbs on the approach side of the intersection. Among the improvements included in Complete Streets are the Bicycle Plan and Pedestrian Master Plan recommendations for installing a traffic circle at Harmon/Baker and Bancroft/California.

Additional infrastructure repairs are also included in this project. All non-paving related costs represent approximately 10-15% of the construction costs.

The project plans and specifications underwent planning coordination with outside utility companies, preliminary cost estimates, field investigations, surveys, and extensive design before being released for bid.

The plans and specifications are on file in the Public Works Department. In accordance with the California Environmental Quality Act (CEQA) requirements, this project has been determined to be categorically exempt because it consists of maintenance of existing streets and does not expand their use beyond existing conditions.

The Living Wage Ordinance does not apply to this project since Public Works construction contracts are, pursuant to City policy, subject to State prevailing wage laws. Bay Cities Paving & Grading, Inc. has submitted a Certification of Compliance with the Equal Benefits Ordinance. The Community Workforce Agreement applies to this project because its value exceeds $500,000. As a result, the contractor and all subcontractors will be required to sign an agreement to be bound by the terms of the Agreement.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Green infrastructure improvements include maintenance and repair to the existing permeable paver roadway on Allston Way, which will improve runoff filtration. Additionally, the project includes the use of micro surfacing treatment, which lessens carbon footprint associated with pavement maintenance by enhancing the longevity of road surfaces, thereby decreasing the frequency of future repairs and the associated emissions from construction activities.

RATIONALE FOR RECOMMENDATION
This street repair project is part of the City’s annual program to rehabilitate deteriorated streets. The work requires contracted services, as the City does not possess the in-house labor or equipment resources necessary to complete it.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered for this pavement rehabilitation project. The City could choose not to proceed with it. However, the street pavement would then continue to deteriorate, drainage improvements would not be made, and Complete Streets, Vision Zero and bicycle and pedestrian elements would not be installed, affecting the community's and others' use of the streets.

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Contract: Bay Cities Paving & Grading, Inc. for CONSENT CALENDAR FY 2025 Street Maintenance and Rehabilitation Project April 29, 2025

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CONTACT PERSON
Wahid Amiri, Deputy Public Works Director, Public Works, (510) 981-6396 Ronald A. Nevels, Manager of Engineering, Public Works (510) 981-6439 Terrence Salonga, Associate Civil Engineer, Public Works (510) 981-6447 Attachments:
1: Resolution
2: Location Map & List of Streets for Project
3: Abstract of Bids

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RESOLUTION NO. ##,###-N.S.

CONTRACT: BAY CITIES PAVING & GRADING, INC. FOR
FY2025 STREET MAINTENANCE AND REHABILITATION PROJECT
WHEREAS, The FY 2025 Street Maintenance and Rehabilitation Project is part of the City’s ongoing Street Capital Improvement Program to rehabilitate deteriorated streets located throughout the City; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake this FY 2025 Street Maintenance and Rehabilitation Project; and WHEREAS, an invitation for bids was duly advertised, and Bay Cities Paving & Grading, Inc. was the lowest responsive and responsible bidder; and WHEREAS, funding is available in the FY 2025 budget in the Street Capital Improvement Program State Transportation Tax (Fund 127), Road Maintenance & Rehabilitation Account (127-SB1), Measure B Sales Tax (Fund 130), Measure F Vehicle Registration Fee (Fund 133), Measure BB Sales Tax (Fund 134), Capital Improvement Fund (Fund 501), Zero Waste Fund (Fund 601), and Clean Storm Fund (Fund 616).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Plans and Specification No. 25-11690-C for the FY 2025 Street Maintenance and Rehabilitation Project are approved.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions, or change orders until completion of the project in accordance with the approved plans and specifications with Bay Cities Paving & Grading, Inc. for the FY 2025 Street Maintenance and Rehabilitation Project, in an amount not to exceed $12,323,848, which includes a 10% contingency for unforeseen circumstances. A record signature copy of said agreement and any amendments will be on file in the Office of the City Clerk.

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FY 2025 Street Maintenance & Rehabilitation Project
Attachment No. 2: Location Map & List of Streets

Street From To

RUSSELL ST SAN PABLO AVE PARK ST

PARK ST RUSSELL ST WARD ST

WALLACE ST RUSSELL ST WARD ST

MATHEWS ST RUSSELL ST WARD ST

OREGON ST SAN PABLO AVE MABEL ST

CALIFORNIA ST ASHBY AVE OREGON ST

OREGON ST CALIFORNIA ST M L KING JR WAY

HARMON ST IDAHO ST SACRAMENTO ST

SACRAMENTO ST SOUTH CITY LIMIT UNIVERSITY AVE

BANCROFT WAY SAN PABLO AVE M L KING JR WAY

HASTE ST SHATTUCK AVE PIEDMONT AVE

ALLSTON WAY MILVIA ST SHATTUCK AVE

EUCLID AVE HEARST AVE BAYVIEW PLACE

ARLINGTON AVE THE CIRCLE NORTH CITY LIMIT

MENDOCINO AVE THE CIRCLE ARLINGTON AVE

KEELER AVE POPPY LN MARIN AVE

WILDCAT CANYON RD GRIZZLY PEAK BLVD THE SPIRAL

WOODMONT AVE ROSEMONT AVE SUNSET LN

THE UPLANDS EXTENSION THE UPLANDS CUL-DE-SAC

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Internal
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
April 29, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Contract: Terocons Inc. for South Berkeley Bikeway and Bus Stop Improvements Project

RECOMMENDATION
Adopt a Resolution:

1. Approving plans and specifications for the South Berkeley Bikeway and Bus Stop Improvements Project, Specification No. 25-11716-C;

2. Accepting the bid of Terocons Inc. the lowest, responsive and responsible bidder; and

3. Authorizing the City Manager to execute a contract with Terocons Inc. and any amendments, extensions, and/or change orders until completion of the Project in accordance with the approved plans and specifications, in an amount not to exceed $4,208,200, which includes a 10% contingency for unforeseen circumstances.

SUMMARY
In 2019 the City partnered with Resources for Community Development (RCD), the developer of the Maudelle Miller Shirek Community affordable housing residences at 2925 Adeline Street, to design and construct pedestrian, bicycle, and transit improvements as a condition of receiving grant funding from the State of California Affordable Housing and Sustainable Communities (AHSC) program for both RCD’s and the City’s work.

The City and RCD entered into an agreement, which defined the City’s work that was formalized as the Woolsey-Fulton Bicycle Boulevard (WFBB) project and the Shattuck- MLK Bus Stops (SMBS) project. The City’s work and receipt of final grant reimbursement funds must be complete by July 30, 2026, or the City will be liable for the grant costs and risk loss of grant funding for RCD’s and the City’s work. The work of these projects must be performed in an expedited manner to meet this deadline. If the City requests and is granted a schedule extension, it may impact the City’s ability to obtain similar grant funding in the future.

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Internal
Contract: Terocons Inc. for CONSENT CALENDAR
South Berkeley Bikeway and Bus Stop Improvements Project April 29, 2025

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The WFBB project fills a key gap in the existing Citywide bicycle network by connecting the Southside neighborhood to the Ashby BART station. The WFBB Project also includes crossing improvements at key intersections, among other pedestrian and bicycle safety improvements. The SMBS Project makes transit improvements at the intersections of Martin Luther King Jr Way & Prince Street, Shattuck Avenue & Woolsey Street, and Shattuck Avenue & Ashby Avenue. The WFBB and SMBS projects were merged into a single construction contract titled South Berkeley Bikeway and Bus Stop Improvements Project (Project) to enable City staff to more efficiently administer and oversee the design and construction process, while also streamlining the grant reimbursement process.

The City’s design team developed conceptual designs, conducted public outreach, reviewed and evaluated public feedback, and finalized the design by preparing plans and specifications. The Project construction was advertised via an open competitive bid process beginning on March 6, 2025. Bids were opened on April 3, 2025 and Terocons Inc. was found to be the lowest bidder, with a bid of $3,825,633, which is within the Project budget. To keep the Project on schedule, the City should enter into a construction contract and begin construction in summer 2025.

FISCAL IMPACTS OF RECOMMENDATION
The construction budget for the South Berkeley Bikeway and Bus Stop Improvements Project is $4,208,200, including contingency. The construction contract for this Project consists of two individual design projects – the Woolsey-Fulton Bicycle Boulevard (WFBB) project and the Shattuck-MLK Bus Stops (SMBS) project. These projects are funded in part by a California Affordable Housing and Sustainable Communities (AHSC) infrastructure pass-through grant via the Maudelle Miller Shirek Community at 2925 Adeline Street being developed by Resources for Community Development (RCD).

Through this grant agreement the City will be reimbursed for $2,612,543 worth of expenditures, of which $2,338,543 will be used during the construction phase. Funds are available in the FY 2025 and planned FY 2026 budgets in the funding sources indicated on the following page.

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Internal
Contract: Terocons Inc. for CONSENT CALENDAR
South Berkeley Bikeway and Bus Stop Improvements Project April 29, 2025

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Project AHSC Capital
Grant (Fund
306)
Alameda
County
Measure BB –
Bicycle and
Pedestrian
(Fund 135)
Alameda
County
Measure B –
Streets &
Roads (Fund
130)
Alameda
County
Measure BB –
Streets and
Roads (Fund
134)
Woolsey-Fulton
Bicycle
Boulevard
$1,790,129 $33,538 $140,865 $1,418,668
Shattuck-MLK
Bus Stops
$548,414 - - $276,586
Low bid by Terocons Inc. $3,825,633
10% Contingency $382,567
Total Not-to-Exceed Construction Cost $4,208,200

CURRENT SITUATION AND ITS EFFECTS
On April 3, 2025, five bids were opened for the Project, with bids ranging from $3,825,633.00 to $4,897,372.30. The determination of the lowest responsive and responsible bidder was based on the total bid price, as described in the bid documents.

The lowest bidder is Terocons Inc. with a bid of $3,825,633. Staff have identified funding to cover the total bid price of the low bidder, plus a 10 percent contingency, as indicated above. Staff have verified that Terocons Inc.is the lowest responsive and responsible bidder.

The Living Wage Ordinance does not apply to this Project as Department of Public Works construction contracts are, pursuant to City policy, subject to State prevailing wage laws. Terocons Inc. has submitted a Certification of Compliance with the Equal Benefits Ordinance. The Community Workforce Agreement applies to this project because the estimated construction cost exceeds $500,000. As a result, the successful bidder and all subcontractors will be required to sign an agreement to be bound by the terms of the Community Workforce Agreement.

The South Berkeley Bikeway and Bus Stops Project is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND

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Internal
Contract: Terocons Inc. for CONSENT CALENDAR
South Berkeley Bikeway and Bus Stop Improvements Project April 29, 2025

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Project Origins and Grant Funding
The Maudelle Miller Shirek Community at 2925 Adeline Street (originally listed as 2001 Ashby Avenue) is being constructed on the northeast corner of the intersection of Ashby Avenue & Adeline Street, developed by the nonprofit RCD. The AHSC grant funding for this community development project, which will provide 87 affordable rental homes, specifies Sustainable Transportation Infrastructure (STI) and Transit-Related Amenities (TRA) work to be performed by the City and BART. The City’s STI and TRA obligations are the WFBB and SMBS projects, respectively.

RCD and City staff identified development of bike boulevards on Woolsey Street and Fulton Street as proposed in the City’s Bicycle Plan, which would expand the Citywide bike network from the Ashby BART Station to the Southside neighborhood and connect to the existing Russell Street bike boulevard, the new two-way Class IV bikeway (cycletrack) on Fulton Street north of Dwight Way, and planned bike boulevards on Derby Street and Prince Street. This became the City’s WFBB project, which comprises the City’s STI obligations under the AHSC grant funding agreement.

The SMBS project is intended to improve transit reliability and safety for transit riders per the City’s Transit-First Policy. The proposed bus stop improvements complement the STI work of the WFBB project by providing multi-modal benefits in the form of improved access to transit, increased transit reliability, and bus stop amenities. The SMBS Project comprises the City’s TRA obligations under the AHSC grant funding agreement.

Previous Council Items
Resolution 69, 252-N.S. was adopted on January 21, 2020 which authorized the City to enter into an agreement with RCD to receive AHSC grant funding for the WFBB and SMBS Projects. On January 29, 2020 the City executed Revenue Contract No. 42000065 for infrastructure improvements related to the Maudelle Miller Shirek Community development. This contract commits the City to providing the WFBB and SMBS enhancements and stipulates that if these STI and TRA enhancements are not delivered by the City in a timely manner, the affordable housing developer, RCD, may not receive full grant reimbursement for the $15,797,796 of AHSC grant funding designated for construction of the Maudelle Miller Shirek Community development regardless of RCD’s performance of its obligations.

Stakeholder Engagement
City staff have been actively engaging with the community and key stakeholders per the Public Works Department’s Public Participation Policy, which included the following:
 Project websites were established in early January 2024, which detailed the project scope, funding, and schedule.
 The initial conceptual design drawings were posted on the project websites on January 17, 2024 for public review and comment. The comment period ended on February 14, 2024.

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Internal
Contract: Terocons Inc. for CONSENT CALENDAR
South Berkeley Bikeway and Bus Stop Improvements Project April 29, 2025

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 On January 31, 2024 the design team, consisting of City staff from the Public Works Department and its design consultants for the projects, hosted a public information meeting in which over 2,000 nearby addresses were notified and invited to discuss and provide comments on the conceptual designs.  On February 15, 2024 City staff presented the conceptual design to the Berkeley Transportation and Infrastructure Commission (TIC), which voted in support of the conceptual design.

Throughout the design process the design team reviewed comments from residents and businesses, City staff reviewers, and external stakeholders including AC Transit, BART, and utility companies. All comments were evaluated in the context of project goals, grant funding obligations, Citywide goals and policies, engineering design practice, management of the public right-of-way, safety, and cost. Detailed design documents were prepared in accordance with these factors. Staff believes the Project design documents best achieve these objectives.

Key Project Elements
The WFBB and SMBS projects are closely linked as they share the same funding source and construction schedule, and are in close proximity. For this reason, the two projects were designed and bid together as the South Berkeley Bikeway and Bus Stop Improvements Project. This was done to enable City staff to more efficiently administer and oversee the construction contract and to streamline the grant reimbursement process, especially since the work of both packages is funded by one AHSC grant under a single set of schedule deadlines.

The South Berkeley Bikeway and Bus Stop Improvements Project includes the following elements:
 A Class III bikeway with Bicycle Boulevard pavement markings and signage on Woolsey Street from Adeline Street to Wheeler Street, Wheeler Street from Woolsey Street to Prince Street, Prince Street from Wheeler Street to Fulton Street, and Fulton Street from Prince Street to Dwight Way;  Pedestrian hybrid beacons (PHBs) at Martin Luther King Jr. Way & Prince Street and Shattuck Avenue & Russell Street;
 Rectangular rapid flashing beacons (RRFBs) at Adeline Street & Woolsey Street, Adeline Street & Russell Street, and Shattuck Avenue & Woolsey Street;  Median upgrades for increased pedestrian safety at Martin Luther King Jr. Way & Prince Street and Adeline Street & Woolsey Street;
 Curb extensions at Martin Luther King Jr. Way & Prince Street, Adeline Street & Woolsey Street, Shattuck Avenue & Woolsey Street, and Shattuck Avenue & Russell Street;
 New traffic circle at Wheeler Street & Prince Street;  Two speed tables on Fulton Street near Oregon Street;  Upgraded lighting at Shattuck Avenue & Woolsey Street;

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Internal
Contract: Terocons Inc. for CONSENT CALENDAR
South Berkeley Bikeway and Bus Stop Improvements Project April 29, 2025

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 Intersection improvements at major intersections including accessible curb ramps and new pavement and markings; and
 Upgrades of six bus stops at Martin Luther King Jr Way & Prince Street, Shattuck Avenue & Woolsey Street, and Shattuck Avenue & Ashby Avenue including relocation of bus stops from nearside to farside and installation of bus stop amenities where feasible.

Project Schedule
The City’s contractual agreement with RCD stipulates that the City must be reimbursed for all grant-funded expenditures by July 30, 2026. The City’s default would jeopardize AHSC funding for the Maudelle Miller Shirek Community. If an extension is granted by the State it may impact the City’s ability to apply for similar grants in the future.

Therefore, the City will need to prioritize completion of this Project or it may expose the City to liability.

Project construction is estimated to have a 9-month duration, which is scheduled to begin in summer 2025 after a construction contract is executed, and conclude in early 2026. Because the Project closeout and grant reimbursement process typically takes several months, the City estimates that construction activities should be complete by early 2026 to meet the grant reimbursement deadline. The Project construction includes the purchase of items that typically have relatively long manufacturing times, including traffic signal poles and equipment and bus stop shelters, which can take approximately ½ year to procure. For this reason, it is imperative that Council issue a resolution covering the items in this report during its April 29, 2025 meeting.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The purpose of the AHSC program is to reduce greenhouse gas emissions in California, and both the WFBB and SMBS projects will help accomplish that goal. Increasing cycling and walking in the City would help the City achieve the Berkeley Climate Action Plan greenhouse gas emission reduction targets of 80% below year 2000 levels by 2050.

The Climate Action Plan states that, in order to meet these targets, “Transportation modes such as public transit, walking and bicycling must become the primary means of fulfilling our mobility needs.”

RATIONALE FOR RECOMMENDATION
Approving the plans and specifications, accepting the bid of Terocons Inc. as the lowest responsive and responsible bidder, and authorizing the City Manager to execute a contract with Terocons Inc., all for the South Berkeley Bikeway and Bus Stop Improvements Project, will help keep the Project on schedule in accordance with the grant funding agreement.

ALTERNATIVE ACTIONS CONSIDERED

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Internal
Contract: Terocons Inc. for CONSENT CALENDAR
South Berkeley Bikeway and Bus Stop Improvements Project April 29, 2025

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If City Council chose not to take the proposed actions at this time and instead defer the item to a future Council agenda, such an action would increase (a) the risk of the City defaulting on its obligations to deliver this Project by the grant funding deadline and (b) the City’s liability for a potential loss of grant funding for the Maudelle Miller Shirek Community affordable housing development if the Project is not completed on time.

CONTACT PERSON
Wahid Amiri, Deputy Director, Public Works, 510-981-6396 Kenneth Jung, Supervising Civil Engineer, Public Works, 510-981-7028 Jesse Peoples, Associate Civil Engineer, Public Works, 510-981-6449 Attachments:
1: Resolution
2: Site Map
3: Abstract of Bids

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Internal
RESOLUTION NO. ##,###-N.S.

CONTRACT: TEROCONS INC. FOR SOUTH BERKELEY BIKEWAY AND BUS STOP

IMPROVEMENTS PROJECT
WHEREAS, the South Berkeley Bikeway and Bus Stop Improvements Project (Specification No. 25-11716-C) consists of two projects:
 Woolsey-Fulton Bicycle Boulevard project and
 Shattuck-MLK Bus Stops project; and
WHEREAS, the Project fills several gaps in the existing Citywide bicycle network by connecting Ashby BART Station to the existing Russell Street bike boulevard, the new two-way Class IV bikeway (cycletrack) on Fulton Street north of Dwight Way, and planned bike boulevards on Derby Street and Prince Street; and WHEREAS, the Project also makes modifications to six bus stops at the Martin Luther King Jr Way & Prince Street, Shattuck Avenue & Woolsey Street, and Shattuck Avenue & Ashby Avenue intersections to improve access to transit and increase reliability; and WHEREAS, the City has received $2,612,543 in grant funding for these transportation improvements from the State of California Affordable Housing and Sustainable Communities program through a contractual agreement with Resources for Community Development, the developer of the Maudelle Miller Shirek Community affordable housing development at 2925 Adeline Street; and
WHEREAS, the contractual agreement stipulates that the City must complete these transportation improvements and receive final grant reimbursement by July 30, 2026 or it may be liable for the loss of grant funding for the City’s work and the grant funding for the Maudelle Miller Shirek Community housing; and
WHEREAS, with the support of an engineering and design consultant team, City staff developed a conceptual design; obtained public input on and analyzed conceptual design options; balanced comments and concerns from the public with project goals; and completed the final design documents in the form of plans and specifications; and WHEREAS, on March 6, 2025, the City released an Invitation for Bids (Specification No. 25-11716-C) for the work of the South Berkeley Bikeway and Bus Stop Improvements Project; and
WHEREAS, bids were opened on April 3, 2025 and TEROCONS INC. was found to be the lowest responsive and responsible bidder; and
WHEREAS, funds are available in the FY 2025 and planned FY 2026 budgets in the State Capital Grants (Fund 306), Alameda County Measure BB Local Streets & Roads

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Internal
April 29, 2025

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(Fund 134), Alameda County Measure BB Bicycle and Pedestrian (Fund 135), and Alameda County Measure B Bicycle and Pedestrian (Fund 131) funds; and WHEREAS, no other funding is required, and no other project from the Public Works Department will be delayed due to this expenditure.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the plans and specifications for the South Berkeley Bikeway and Bus Stop Improvements Project (Specification No. 25-11716-C) are approved.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley accepts the bid of TEROCONS INC. as the lowest responsive and responsible bidder.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions, and/or change orders until completion of the South Berkeley Bikeway and Bus Stop Improvements Project in accordance with the approved plans and specifications with TEROCONS INC., in an amount not to exceed $4,208,200, which includes a 10 percent contingency for unforeseen circumstances. A record signature copy of said agreement and any amendments will be on file in the Office of the City Clerk.

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Woolsey–Fulton Bike Boulevard and
Shattuck–MLK Bus Stops Projects
Lorem
ASHBY
BART
M
artin Lu
ther
King Junior
W
ay
Haste Street
Dwight Way
Blake Street
Parker Street
Derby Street
Ward Street
Stuart Street
Oregon Street
Russell Street
MLK Jr Way
Carleton Street
Carleton Street
Fulton StreetWheeler St

Durant Avenue
Shattuck AvenueMilvia Street
Fulton Street
Shattuck Avenue
Ashby Ave
Prince St Prince Street
Woolsey Street Woolsey St.

Fairview Street
Emerson StreetAshby Avenue
Ellsworth Street
Channing Way
Adeline Street
LEGEND
Existing Traﬃc Circle
Existing RRFB
Existing Diverter
Existing Citywide
Bike Network Street
Proposed Citywide Bike Network
Street (By Others)
Traﬃc Circle
Bike Boulevard
Rectangular Rapid Flashing Beacon
(RRFB)
Pedestrian Hybrid Beacon (PHB) or
RRFB
Median Improvements
Bus Stop Relocations
Map Revised 2/9/24
Map Revised 6/4/24

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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: https://berkeleyca.gov/

CONSENT CALENDAR
April 29, 2025
To: Honorable Mayor and Members of the City Council
From: Paul Buddenhagen, City Manager
Submitted by: Terrance Davis, Director, Public Works
Subject: Contracts: M&A Towing and City Towing for Towing Services

RECOMMENDATION
Adopt two Resolutions authorizing the City Manager to:

FISCAL IMPACTS OF RECOMMENDATION
The FY25-26 Adopted Budget includes funding for fleet vehicle management, which will be used to cover the cost of towing services for City vehicles within the Public Works Department Equipment Maintenance Division (General Fund 672) budget. Additionally, funding will be appropriated for the next three fiscal years (FY 2026 to FY 2029) in the Equipment Maintenance Fund during the annual budget process.

CURRENT SITUATION AND ITS EFFECTS
The City conducted Request for Proposals Specification No. 24-11648, with proposals due no later than February 20, 2025. The City received three proposals in response.

The selection committee, composed of subject matter experts from the Public Works Equipment Maintenance and Operations Divisions, evaluated the proposals.

The evaluation criteria used to rate the proposals were as follows: Project Approach (30%), Expertise and References (15%), Costs (25%), and Ability to Perform Services Listed in the Scope of Services (30%). M&A Towing and City Towing were selected as the highest-scoring vendors.

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Contracts: M&A Towing and City Towing for Towing Services CONSENT CALENDAR April 29, 2025

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This contract will support the City’s fleet and is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
M&A Towing and City Towing responded to the Request for Proposal and were selected after submitting the highest-scoring bids. The selected vendors have the adequate staff and equipment necessary to service the City. The new towing services will ensure clear guidelines and standardized pricing for towing services, which is a significant expense for the Public Works Department.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No identified environmental sustainability or climate impacts.

RATIONALE FOR RECOMMENDATION
The new towing services contracts will address the City’s needs, along with stabilized costs and fees. The new contracts will clearly address the guidelines and prices for as- needed towing. The selected tow service providers will be utilized as needed to ensure the City has adequate resources available for unforeseen emergencies.

ALTERNATIVE ACTIONS CONSIDERED
None. The City does not have the resources to tow City vehicles.

CONTACT PERSON
Joy Brown, Operations Manager, (510) 981-6629
Don Colbert, Sr. Equipment Maintenance Supervisor, (510) 981-6467 Sara Rubio, Associate Management Analyst, (510) 981-5372 Attachments:
1: Resolution
2: Resolution

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RESOLUTION NO. ##,###-N.S.

CONTRACT: M&A TOWING FOR TOWING SERVICES
WHEREAS, the City conducted RFP Solicitation No. 24-11648-C with proposals due no later than February 20, 2025; and
WHEREAS, the City received three proposals and a selection committee composed of subject matter experts from the Public Works Equipment Maintenance Division, and the Public Works Operations Division, met to evaluate the proposals, and WHEREAS, M&A Towing and City Towing were selected as the highest scoring vendors.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments with M&A Towing to provide towing services for three (3) years from May 1 2025 to May 1, 2028 for an amount not to exceed $150,000 with the option to extend for two (2) additional one-year terms. Rates adjusted annually in accordance with the Consumer Price Index.

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RESOLUTION NO. ##,###-N.S.

CONTRACT: CITY TOWING FOR TOWING SERVICES
WHEREAS, the City conducted RFP Solicitation No. 24-11648-C with proposals due no later than February 20, 2025; and
WHEREAS, the City received three proposals and a selection committee composed of subject matter experts from Public Works Equipment Maintenance Division, and the Public Works Operations Division, met to evaluate the proposals, and WHEREAS, M&A Towing and City Towing were selected as the highest scoring vendors.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments with City Towing to provide towing services for three (3) years from May 1, 2025 to May 1, 2028 for an amount not to exceed $150,000 with the option to extend for two (2) additional one-year terms. Rates adjusted annually in accordance with the Consumer Price Index.

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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7120 ● E-Mail: [email protected]

CONSENT CALENDAR
April 29, 2025
To: Honorable Mayor and Members of the City Council
From: Councilmember Terry Taplin (Author) Councilmember Shoshana O’Keefe (Co- Sponsor), Councilmember Bartlett (Co-Sponsor)
Subject: Budget Referral Funding Afterschool Program Expansion

RECOMMENDATION
Refer $300,000 to fund afterschool program expansion to the Fiscal Year 26 Mid- Biennial Budget Update.

FINANCIAL IMPLICATIONS
$300,000 and staff time.

CURRENT SITUATION AND ITS EFFECTS
Community members have reached out to the Berkeley Unified School District (BUSD) and the 2x2 Committee about insufficient aftercare. With the demand exceeding supply, students and families are subject to competitive enrollment and waitlists. In August, our office was informed by school board directors that there were 25 staff vacancies and hundreds of students on waitlists. With no guaranteed universal childcare, limited subsidized options, and a lack of adequate after school care, low- and middle-income families struggle to meet their childcare needs. This can cause immense and undue stress, put needed jobs at risk, and force desperate families to turn to substandard childcare arrangements. No family in Berkeley should have to sacrifice security for lack of high quality, affordable childcare.

BACKGROUND
The City of Berkeley provides quality elementary afterschool programs at multiple locations that currently serve 245 BUSD youth. The programs are subsidized by the General Fund and offer 50% and 100% scholarships to those who need them. The programs are staffed by full- and part-time employees in the Parks, Recreation, and Waterfront Department’s Recreation Division.

The city’s current afterschool program is at the following sites:

Live Oak Community Center (60)
James Kenney Community Center (75, includes Therapeutic Recreation Program) Frances Albrier Community Center (65)
Willard Clubhouse (45)

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The current cost per pupil is just under $3,000 per school year. With the new Willard Clubhouse, the planned MLK Jr. Youth Services Center expansion, and an additional $300,000, the city can serve an additional 100 elementary age youth.

Live Oak Community Center (80)
James Kenney Community Center (85, includes Therapeutic Recreation Program) Frances Albrier Community Center (75)
Willard Clubhouse (65)
MLK Jr. Youth Services Center (40)
Additionally, the city would need to come up with a plan to expand its transportation program in order to ensure students can get from their school to the program site.

Attached is a press release from Zum, a student transportation provider, who announced in August that they deployed an all-electric fleet of school buses in Oakland Unified School District (OUSD), making it the first major school district in the U.S. to transition to a 100% electrified school bus system.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
N/A.

CONTACT PERSON
Councilmember Terry Taplin, District 2, 510-981-7120.

Attachments:
1 - Press Release: Zum Deploys Nation’s First 100% Electric School Bus Fleet in Oakland, California for the 2024-2025 School Year

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Press Release
Share:

Zum Deploys Nation’s First 100%
Electric School Bus Fleet in Oakland,
We're hiring bus drivers and attendants for St Louis, MO and Millard, NE. Apply now! 3/5/25, 2:51 PM Zum Deploys Nation’s First 100% Electric School Bus Fleet in Oakland, California for the 2024-2025 School Year - Zum https://www.ridezum.com/press-release/nations-first-all-electric-school-bus-fleet-oakland-ca/ 1/7

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California for the 2024-2025 School
Y ear
By: Zum Community Team | August 27 , 2024
Historic achievement in Oakland Unified School District will improve children’s health and return energy to the grid
Oakland, Calif., August 27 , 2024 – Zūm, the leader in modern student transportation, today announced that it has deployed an all-electric fleet of school buses in Oakland Unified School District (OUSD), making it the first major school district in the U.S. to transition to a 100% electrified school bus system. This first-in-the-nation EV fleet is also equipped with groundbreaking vehicle-to-grid (V2G) technology, enabling the buses to return energy to the grid at scale when not in use.

Zum is deploying a fleet of 74 electric school buses in Oakland, each with its own bidirectional charger, managed via an AI-enabled Virtual Power Plant (VPP). The all-EV fleet will decarbonize student transportation while sending 2.1 gigawatt hours of energy back to the grid annually.
“Today marks an exciting milestone in student transportation,” said Ritu Narayan, Founder and CEO of Zum. “By converting Oakland Unified’s school bus fleet to 100% electric, we are showing that sustainability solutions are here – and can positively impact an entire community. Electric school buses with V2G capability create cleaner transportation and send untapped energy from bus batteries back to the grid. It’s a win- win for children, families, schools and drivers.”

Student transportation is the largest mass transit system in the nation, moving 27 million students twice daily. Today, over 90% of the nation’s 500,000 school buses run on carbon-based fuels, releasing over 8.4 million tons of greenhouse gases annually, 3/5/25, 2:51 PM Zum Deploys Nation’s First 100% Electric School Bus Fleet in Oakland, California for the 2024-2025 School Year - Zum https://www.ridezum.com/press-release/nations-first-all-electric-school-bus-fleet-oakland-ca/ 2/7

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exposing students and communities to harmful fumes every day. Oakland’s EV fleet will help remove 25,000 metric tons of greenhouse gases from the environment, which will have a major impact on the community.
“OUSD is proud to lead the way with safe and sustainable transportation for our students,” said Superintendent Dr. Kyla Johnson-Trammell of Oakland Unified School District. “This is a landmark achievement, especially in Oakland, where families are disproportionately impacted by exposure to air pollution and high rates of asthma and other respiratory ailments. Zum’s electric school buses provide our students quieter, cleaner rides to and from school, giving them a better chance at success in the classroom, while ensuring the District is doing its part to cut down on air pollution to the benefit of all Oakland residents.”
Zum’s utility partner, Pacific Gas and Electric Company, worked closely with Zum to complete the site, which involved extensive infrastructure upgrades and other equipment to power 74 bi-directional EV chargers. PG&E was able to provide 2.7 megawatts of load to Zum’s Oakland EV-ready facility in record time, allowing this project to be deployed one year ahead of schedule.

“Converting to electric transportation reduces the leading cause of emissions and has the potential to offer a flexible power supply that benefits all customers. Our partnership with Zum and Oakland Unified on its fully electric school bus fleet is a blueprint for schools across California and the nation to better serve our students, local communities and, ultimately, our planet,” said PG&E Corporation CEO Patti Poppe.

Other partners that have been critical to the electrification of the OUSD fleet include the Environmental Protection Agency’s (EPA) Clean School Bus program, California Air Resources Board (CARB), Heavy Vehicle Incentive Program (HVIP) vouchers, Bay Area Air Quality Management District (BAAQMD) and Clean Mobility Options (CMO) programs.
“With funding to Zum of over $35 million for California school districts, EPA is proud to be advancing the rollout of electric school buses here in Oakland and across our state, 3/5/25, 2:51 PM Zum Deploys Nation’s First 100% Electric School Bus Fleet in Oakland, California for the 2024-2025 School Year - Zum https://www.ridezum.com/press-release/nations-first-all-electric-school-bus-fleet-oakland-ca/ 3/7

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helping create a future where our children can breathe cleaner air,” said EPA Pacific Southwest Deputy Regional Administrator Cheree Peterson. “I’ve seen firsthand the advantages of these electric buses, with the absence of noxious diesel emissions benefiting students, school staff, and neighboring communities. Thanks to the unprecedented federal investments in this technology, more zero-emissions school buses will be on the road in Oakland.”
Zum has set a goal of electrifying 10,000 bidirectional school buses which will create the potential to supply 300 gigawatt hours of energy to local power grids annually. Plans are already underway for Zum to deploy 100% electric fleets across the country in the coming years.

About Zūm
Zum is a modern transportation solution transforming school transportation, the largest mass transit system in the U.S. Today, the company provides turnkey modern transportation solutions to school districts in California, Colorado, Connecticut, Illinois, Maryland, Massachusetts, Missouri, Nebraska, Pennsylvania, Tennessee, Texas, Washington, Utah, and Virginia, and is expanding rapidly nationwide. Recognized globally for its innovative transportation and energy as a service platform, Zum has been featured among Fast Company’s World Changing Ideas, CNBC Disruptor 50, CNBC Changemakers, World Economic Forum and Financial Times’ Fastest Growing Companies. Learn more about Zum at
www.ridezum.com.

CONTACT:

Jenny Mayfield, Vice President of Communications – [email protected]

3/5/25, 2:51 PM Zum Deploys Nation’s First 100% Electric School Bus Fleet in Oakland, California for the 2024-2025 School Year - Zum https://www.ridezum.com/press-release/nations-first-all-electric-school-bus-fleet-oakland-ca/ 4/7

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Previous
Safety, Reliability and Sustainability Among Parents’ Top Concerns Going Into 2024- 25 School Y ear, Zum Survey Finds
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Zum CEO and Founder Ritu Narayan Named One of 2024’s Most Influential Women in Bay Area Business
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3/5/25, 2:51 PM Zum Deploys Nation’s First 100% Electric School Bus Fleet in Oakland, California for the 2024-2025 School Year - Zum https://www.ridezum.com/press-release/nations-first-all-electric-school-bus-fleet-oakland-ca/ 5/7

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Parent FAQs
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3/5/25, 2:51 PM Zum Deploys Nation’s First 100% Electric School Bus Fleet in Oakland, California for the 2024-2025 School Year - Zum https://www.ridezum.com/press-release/nations-first-all-electric-school-bus-fleet-oakland-ca/ 6/7

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Berkeley City CouncilApril 29, 2025

Berkeley City Council
April 29, 2025