City Council Regular Meeting eAgenda December 10, 2024

REVISED AGENDA

(ADDED CONTINUED ITEMS FROM DECEMBER 3, 2024)

BERKELEY CITY COUNCIL MEETING

Tuesday, December 10, 2024
6:00 P.M.

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

Jesse Arreguin, Mayor

Councilmembers:

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/1601063395.  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: 160 106 3395. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email council@berkeleyca.gov.

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting, however, if you are feeling sick, please do not attend the meeting in person.  The City Council may take action related to any subject listed on the Agenda.

Pursuant to the City Council Rules of Procedure and State Law, the presiding officer may remove, or cause the removal of, an individual for disrupting the meeting. Prior to removing an individual, the presiding officer shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. The presiding officer may then remove the individual if they do not promptly cease their disruptive behavior. “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, a failure to comply with reasonable and lawful regulations adopted by a legislative body, or engaging in behavior that constitutes use of force or a true threat of force.

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $250 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $250 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding. The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

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. Swearing in of newly elected and re-elected officials

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.

-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.

Emergency Item: Lights of Tomorrow nonprofit MX (Malcolm X Elementary School) Bike Giveaway on December 18, 2024 - Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Ben Bartlett (Author) 
Recommendation: Adopt a Resolution approving the expenditure of funds, including $500 from the discretionary Council Office Budget of Councilmember Ben Bartlett, to Lights of Tomorrow to fund operational resources for MX (Malcolm X Elementary School) Bike giveaway event on Wednesday, December 18, 2024. The funds will be relinquished to the City's General Fund from the Discretionary Council Office Budget of Councilmember Ben Bartlett and the Discretionary Council Office Budgets of any other Councilmembers who would like to contribute.
Financial Implications: See report.
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

Consent Calendar – Continued Business

A.-Lease Agreement – The Framer’s Workshop LLC, at 2435 and 2439 Channing Way in Telegraph-Channing Mall and Garage (Continued from December 3, 2024)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,942-N.S. authorizing the City Manager to execute a lease agreement with Framer’s Workshop LLC, a limited liability corporation to use and occupy 2435 and 2439 Channing Way inside the Telegraph-Channing Mall and Garage for a ten (10) year lease term with the option to extend for two additional five (5) year terms. The initial lease term is anticipated to begin February 1, 2025. 
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

B.-Lease Amendment: We Wield The Hammer at 2440 Durant Avenue in the Telegraph-Channing Mall and Garage (Continued from December 3, 2024)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,943-N.S. authorizing the City Manager to execute a Lease Amendment with We Wield The Hammer, a 501c3 organization, to use and occupy 2440 Durant Avenue for a five (5) year lease term with option to extend for one additional five (5) year term. This Lease Amendment modifies the Lease Commencement Date, Rent Commencement Date and increases months of rent abatement from six (6) to nine (9) months. 
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

C.-Lease Amendment: Dorothy Day House dba Dorothy’s Closet at 2425a Channing Way in the Telegraph-Channing Mall and Garage (Continued from December 3, 2024)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,944-N.S. authorizing the City Manager to execute a Lease Amendment with Dorothy Day House, a 501c3 organization, d.b.a Dorothy’s Closet to use and occupy 2425a Channing Way for a five (5) year lease term with option to extend for one additional five (5) year term. This Lease Amendment proposes a rental rate reduction $2.26 per square foot per month with an annual 3% increase to $1.95 per square foot with no annual increase. 
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

D.-Zoning Ordinance Amendments: Keep Innovation in Berkeley; Amending BMC Title 23 (Continued from December 3, 2024)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,945-N.S. amending Berkeley Municipal Code Title 23 to encourage Research and Development (R&D) uses in Berkeley. 
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Consent Calendar

1.-Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of November 8, 2024 (closed), November 12, 2024 (regular), November 15, 2024 (closed), November 18, 2024 (special), November 19, 2024 (closed and regular). 
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900

2.-Contract: CVL Economics for a Study of the Economic Impact of the Arts in Berkeley
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with CVL Economics for an amount not to exceed $119,300 for analysis of pandemic cultural arts recovery investments and the economic impact of the arts in Berkeley for a term of two years. 
Financial Implications: American Rescue Act Fund - $119,300
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

3.-Contract: Kala Art Institute for Framed Artwork Purchase Plan for City Buildings
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Kala Art Institute for an amount not to exceed $50,000 to implement a framed artwork purchase plan for two city administration buildings located at 1947 Center Street and 2180 Milvia Street. The artworks are to be hung in public areas of civic buildings and will become part of the City’s Civic Art Collection. 
Financial Implications: Cultural Trust Fund - $50,000.
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

4.-Contract: Masako Miki Public Artwork Commission for Aquatic Park Pathway Wall
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with artist Masako Miki for an amount not to exceed $87,000 for a public art commission of a ceramic tile mural on the 42’-long curved wall located along the San Francisco Bay Trail west of the intersection of Addison Street and Bolivar Drive in Aquatic Park. 
Financial Implications: Cultural Trust Fund - $87,000
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

5.-Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on December 10, 2024
Revised agenda material (Supp 1)
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

6.-Establish Classification and Salary – Senior Paralegal
From: City Manager
Recommendation: Adopt a Resolution establishing the job class specification and salary of Senior Paralegal with an hourly salary range of $47.4636 to $57.6923, and an annual range of $98,724.30 to $120,000.00. 
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

7.-Revise Job Class Specifications – Communications Specialist
From: City Manager
Recommendation: Adopt a Resolution (1) revising the Communications Specialist job class specifications to allow Charter departments and offices to utilize the classification and (2) providing a 5% differential to Communication Specialists assigned to the City Manager’s Office. 
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

8.-Personnel Rule 9.03 Revision: Promotion Through a Non-Competitive Process
From: City Manager
Recommendation: Adopt a Resolution amending Section 9.03 of the City’s Personnel Rules and Regulations, “Promotion Through a Non-Competitive Personnel Action,” to add classifications including Deputy City Attorney I, II, III, and IV; Police Officer Recruit and Police Officer; Public Safety Dispatcher I and Public Safety Dispatcher II; Hazardous Materials Specialist I and Hazardous Materials Specialist II; and Housing Inspector I (Certified) and Housing Inspector II (Certified). 
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

9.-Contract No. 32400151 Amendment: SDR Consulting for Classification and Compensation Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400151 with SDR Consulting for classification and compensation services to cover the period of February 26, 2023 through June 30, 2026, for a total cost not to exceed $150,000. 
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

10.-Accept Grant Funds from the U.S. Department of Energy’s Zero Codes Award and contract with City and County of San Francisco to develop, implement, and enforce Building Performance Standards
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to accept the U.S. Department of Energy’s Assistance for adoption of the “Latest and Zero Building Energy Codes” in the amount of $5,729,943, and negotiate and execute a contract and any amendments, extensions, or change orders with City and County of San Francisco, to develop Building Performance Standards, for the duration of January 1, 2025 through December 31, 2033. 
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

11.-Contract No. 112219-1 Amendment: Siemens Industry, Inc. for Fire and Life Safety Systems Maintenance
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 112219-1 with Siemens Industry, Inc. for Fire and Life Safety Systems Maintenance, increasing the current contract amount of $100,000 for a total not to exceed amount of $700,000 and extending the contract term through December 31, 2025. 
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

12.-Contract: Terocons Inc. for Sacramento Street Pedestrian Safety Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Sacramento Street Pedestrian Safety Project (“Project”), Specification No. 24-11643-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 $973,638, which includes a 15% contingency for unforeseen circumstances. 
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

13.-Contract No. 32000078 Amendment: DC Electric Group, Inc for On-Call Electrical Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000078 between the City and DC Electric Group, Inc. for supplemental On-Call electrical services to support the Public Works Electrical Unit, increasing the current contract spending authority by $250,000 for a new total not to exceed amount of $725,000. 
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

14.-Contract: Stommel Inc., dba Lehr for Hybrid Police Patrol Vehicles Supplies, Equipment, and Installation Services
From: City Manager
Recommendation: Adopt a Resolution satisfying bid requirements of the City allowing the City to participate in competitively bid contracts, authorizing the City Manager to enter into contract with Stommel Inc. dba Lehr, for Hybrid Police Patrol vehicle supplies, equipment, and installation services with a contract term from December 15, 2024 to December 15, 2026 for an amount not to exceed $400,000. 
Financial Implications: Public Works Equipment Replacement - $400,000
Contact: Terrance Davis, Public Works, (510) 981-6300

15.-Purchase Order: 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 satisfying requirements of City Charter allowing the City of Berkeley (“City”) to participate in HGACBuy contract bid procedures and authorizing the City Manager to purchase two (2) 2025 Ford F-450 North Star Ambulance chassis with Braun Northwest, Inc. in an amount not to exceed $430,000. 
Financial Implications: Equipment Replacement Fund - $430,000
Contact: Terrance Davis, Public Works, (510) 981-6300

16.-Agreement Regarding Allocation of Costs for Railroad Crossing Improvements for W-SW WBLS West Owner IX, L.P., a California limited liability company and the City
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an agreement and any amendments with the W-SW WBLS West Owner IX, L.P., (“Developer”) for payment for all improvements mitigating the impact of their Development (Project) at the Bancroft Way at-grade railroad crossing. 
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

17.-Grant Applications: Metropolitan Transportation Commission Housing Incentive Pool
From: City Manager
Recommendation: Adopt two Resolutions certifying the City’s compliance with State Housing Laws and authorizing the City Manager to submit grant applications to the Metropolitan Transportation Commission (MTC) Housing Incentive Pool (HIP) for the following projects: San Pablo Avenue/Ashby Avenue Intersection Improvements Project for up to $1.9 million; Adeline Street Quick-Build for up to $1.05 million; and 7th Street/Anthony Street Complete Intersections Project for up to $2 million; accept the grants if awarded, and execute any resulting agreements and amendments. 
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

18.-Establishing a New Schedule of Fines and Late Payment Penalties for Parking Violations; and Rescinding Resolution No. 70,924-N.S.
From: City Manager
Recommendation: Adopt a Resolution updating the existing schedule of parking violations and fines to include parking violations and late payment penalties for California’s new daylighting law, Assembly Bill 413 (AB 413); and rescinding resolution No. 70,924-N.S.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

19.-City Council Committee and Regional Body Appointments
From: Mayor Arreguin
Recommendation: Adopt a Resolution approving appointments to City Council Policy Committees, Partnership Committees and Regional Bodies, to temporarily appoint Mayor Adena Ishii and Councilmembers Terry Taplin and Ben Bartlett to the Agenda & Rules Committee. 
Financial Implications: None.
Contact: Jesse Arreguin, Mayor, (510) 981-7100

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 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.

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.

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 each 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.

20.-***Item Removed by the City Manager*** Changes to Selected Recreation Facilities and Camps Program Fees
From: City Manager
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Action Calendar – Continued Business

E.-Bicycle and Pedestrian Access on the Richmond-San Rafael Bridge (Continued from December 3, 2024)

From: Councilmember Lunaparra (Author), Councilmember Humbert (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor)
Recommendation: Adopt a Resolution affirming the City of Berkeley’s support for permanent 24/7 protected bicycle and pedestrian access to the Richmond-San Rafael Bridge Trail.

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

Information Reports

21.-Fire Prevention Inspections Audit Status Report
From: City Manager
Contact: David Sprague, Fire, (510) 981-3473

22.-Restaurant Inspection Audit Status Report
From: City Manager
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

23.-Update: HR Response: Audit Directive(s) for Comprehensive Domestic Violence Policy to Support City Employees
From: City Manager
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

24.-Audit Status Reports: Fleet Replacement Fund Short Millions and Rocky Road: Berkeley Streets at Risk and Significantly Underfunded
From: City Manager
Contact: Terrance Davis, Public Works, (510) 981-6300