City Council Regular Meeting eAgenda December 3, 2024

REVISED AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, December 3, 2024
6:00 P.M.

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

TELECONFERENCE LOCATION - 13534 BALI WAY, MARINA DEL REY, CA 90292

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/1600367731 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: 160-036-7731 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.

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.

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.-Amending BMC Section 9.04.165 -Tax Exemption for Research & Development Grants

From: Mayor Arreguin (Author), Councilmember Humbert (Co-Sponsor), Councilmember Tregub (Co-Sponsor)
Recommendation: Adopt second reading of Ordinance No. 7,937-N.S. amending Berkeley Municipal Code Section 9.04.165 to exempt the taxation of business gross receipts relating to government and philanthropic research and development grants in the public interest.
First Reading Vote: All Ayes.
Financial Implications: See report.
Contact: Jesse Arreguin, Mayor, (510) 981-7100

2.-Ashby BART Transit Oriented Development (TOD) Legal Agreements
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,939-N.S. that:
1. Authorizing the City Manager to execute contractual agreements with San Francisco Bay Area Rapid Transit District (BART) in order to effectuate transit-oriented development in accordance with the nonbinding term sheet adopted by Council on September 16, 2024 (Resolution No. 71,514-N.S.) and executed by the City and BART on September 21, 2024; and
2. Adopting the Addendum to the Ashby and North Berkeley BART Stations Transit Oriented Development (TOD) Zoning Project EIR and the Adeline Corridor Specific Plan EIR.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

3.-Amendment: FY 2025 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,940-N.S. amending the FY 2025 Annual Appropriations Ordinance No. 7,926–N.S. for fiscal year 2025 based upon recommended re-appropriation of committed FY 2024 funding and other adjustments authorized since July 1, 2024.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

4.-Amendments to BMC Chapter 22.16, Development Agreement Procedures
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,941-N.S. amending BMC Chapter 22.16, “Development Agreement Procedures.”
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

5.-Adopt the updated Revolving Loan Fund (RLF) Administrative Plan and transfer RLF program administration to Working Solutions, a federally certified Community Development Financial Institution (CDFI).
From: City Manager
Recommendation: Adopt two Resolutions to:
1. Adopt changes to the Administrative Plan of the Berkeley Revolving Loan Fund (RLF) to allow for third party administration of the RLF.
2. Authorize the City Manager to execute a sole source contract and any amendments with Working Solutions, a federally certified Community Development Financial Institution (CDFI), to provide loan origination, servicing, and technical assistance to Berkeley’s existing and future RLF participants and fund management for a renewable ten-year term. 
Financial Implications: See report.
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

6.-Memorandum of Understanding: Public Employees Union – Local One
Supplemental Material (Supp 1)
From: City Manager
Recommendation: Adopt a Resolution 1) approving a successor Memorandum of Understanding (hereafter referred to as “MOU”) with Public Employees Union – Local One (hereafter referred to as the “Union”) for a three-year term from June 27, 2024 to July 26, 2027 and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new MOU and to make non-substantive edits to the format and language of the MOU in alignment with the tentative agreement, and conforming to legal requirements; and 2) approving a new Classification and Salary table for Public Employees Union – Local One classifications that implement the salary adjustments reflected in the new MOU and supersede prior salary resolutions.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

7.-Donation: Memorial Bench at the Cesar Chavez Park in memory of Lawrence "Lon" Mullen
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Cesar Chavez Park in memory of Lawrence "Lon" Mullen. 
Financial Implications: See report.
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

8.-Donation from the Eli Kane Fund for the Solano-Peralta Park Improvement Project
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation of up to $86,496 from the Eli Kane Fund to complete phase 3 of the Solano-Peralta Park Improvement Project, including a memorial bench/table in memory of their son, Eli Kane. 
Financial Implications: See report.
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

9.-Contract: Azul Works, Inc. for Ohlone Park Restroom and Lighting project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the Ohlone Park Restroom and Lighting Project; and 2. Accepting the bid of the lowest responsive and responsible bidder, Azul Works, Ince.; and 3. Authorizing the City Manager to execute a contract  and any amendments, extentions or other change orders until completion  of the project in accordance with the approved plans and specifications, with Azul Works, Inc., for the Ohlone Park Restroom and Lighting Project at 1502 Delaware Street, 1641 Hearst Ave, 1701 Hearst Ave, and 1800 Hearst Ave, in an amount not to exceed $882,278 which includes a base contract amount of $698,000, plus $69,198 for Add Alternates No. 2 and 3 and a 15% contingency in the amount of $115,080. 
Financial Implications: See report.
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

10.-Contracts: On-Call Planning and Environmental Services
From: City Manager
Recommendation: Adopt 16 Resolutions authorizing the City Manager to approve contracts and any amendments with the following firms for on-call planning and environmental review services, for a total contract period of three years:
1. CSG Consultants, Inc. in an amount not to exceed $1,000,000; and
2. Environmental Science Associates in an amount not to exceed $1,000,000; and
3. Rincon Consultants, Inc. in an amount not to exceed $1,000,000; and
4. Stantec Consulting Services, Inc. in an amount not to exceed $1,000,000; and
5. MIG in an amount not to exceed $1,000,000; and
6. PlaceWorks in an amount not to exceed $1,000,000; and
7. Architectural Resources Group in an amount not to exceed $500,000; and
8. Ascent in an amount not to exceed $500,000; and
9. Chronicle Heritage in an amount not to exceed $500,000; and
10. EPD Solutions, Inc. in an amount not to exceed $500,000; and
11. FirstCarbon Solutions in an amount not to exceed $500,000; and
12. Illingworth & Rodkin, Inc. in an amount not to exceed $500,000; and
13. ICF Jones & Stokes, Inc. in an amount not to exceed $500,000; and
14. LSA in an amount not to exceed $500,000; and
15. Meridian Consultants in an amount not to exceed $500,000; and
16. Ratcliffe Consulting in an amount not to exceed $200,000. 
Financial Implications: See report.
Contact: Jordan Klein, Planning and Development, (510) 981-7400

11.-Lease Agreement – The Framer’s Workshop LLC, at 2435 and 2439 Channing Way in Telegraph-Channing Mall and Garage
From: City Manager
Recommendation: Adopt first reading of an Ordinance 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. 
Financial Implications: See report.
Contact: Terrance Davis, Public Works, (510) 981-6300

12.-Lease Amendment: We Wield The Hammer at 2440 Durant Avenue in the Telegraph-Channing Mall and Garage
From: City Manager
Recommendation: Adopt first reading of an Ordinance 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. 
Financial Implications: See report.
Contact: Terrance Davis, Public Works, (510) 981-6300

13.-Lease Amendment: Dorothy Day House dba Dorothy’s Closet at 2425a Channing Way in the Telegraph-Channing Mall and Garage
From: City Manager
Recommendation: Adopt first reading of an Ordinance 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. 
Financial Implications: See report.
Contact: Terrance Davis, Public Works, (510) 981-6300

14.-Contract No. 32500091 Amendment: Ardurra Group, Inc. for on-site Traffic Engineering support services
From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of the City of Berkeley allowing the City to participate in competitively bid contracts, authorizing the City Manager to execute a Contract No. 32500091 Amendment with Ardurra Group, Inc. for on-site traffic engineering services to augment staffing in the Transportation Division’s Traffic Engineering and Transportation Planning units in an amount not to exceed $500,000 through June 30th, 2026. 
Financial Implications: See report.
Contact: Terrance Davis, Public Works, (510) 981-6300

15.-Officially Name the Harrison Skate Park in honor of Terrance McCrary
Revised Material (Supp 1)
From: Parks and Waterfront Commission
Recommendation: Adopt a Resolution to officially name the Harrison Skate Park in honor of Terrance McCrary. 
Financial Implications: See report.
Contact: Roger Miller, Commission Secretary, (510) 981-6700

Council Consent Items

16.-Berkeley Green New Deal: Environmental Justice and Workforce Development (Reviewed by the Land Use, Housing & Economic Development Committee)
From: Councilmember Taplin (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor)
Recommendation: Refer consideration of the following concepts to the Land Use, Housing, and Economic Development (LUHED) Policy Committee; City Manager; Planning Commission; and Environment and Climate Commission for inclusion in General Plan amendments  pursuant to California Government Code Section 65302(h) to advance the city's environmental justice goals under a Just Transition Framework:
-Just Transition principles adopted by City Council in Resolution No. 70,171–N.S. “Resolution Committing the City of Berkeley to a Just Transition from Fossil Fuels and the Creation of a West Berkeley and South Berkeley Green New Deal”;
-Transportation Demand Management (TDM) planning to reduce Vehicle Miles Traveled (VMT) per capita by at least 25% by 2030;
-The development of a workforce development board to increase equitable access to green jobs and accelerate the fossil-free economy.
Policy Committee Recommendation: To forward the item to Council with a Qualified Positive Recommendation to refer this item to the budget process and to the Environment and Climate Commission for further consideration.
Financial Implications: See report.
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

17.-Affordable Housing for Artists: AB-812 Implementation and Cultural District Statutory Standardization (Reviewed by the Land Use, Housing & Economic Development Committee)
From: Councilmember Taplin (Author), Councilmember Hahn (Co-Sponsor)
Recommendation: Pursuant to California Government Code Section 65914.8, refer to the City Manager, City Attorney, and Planning Commission: (1) To study and develop an Ordinance and implementation plan for Assembly Bill 812 (2023) to reserve for artists up to 10 percent of Below Market Rate units under Berkeley Municipal Code 23.328 (Inclusionary Housing) within a half-mile of a state-designated cultural district or within any similar locally designated cultural district, with consideration for consistency with existing Affordable Housing Preference Police, (2) Consider common standards for locally designated cultural districts, including but not limited to Overlay Zones, and implementation of cultural district designation within the boundaries of Area Specific Plans, including but not limited to the Adeline Corridor and San Pablo Corridor Specific Plans, (3) Pursuant to California Government Code Section 8758, consider solicitation of state designation for cultural districts in the City of Berkeley.
Policy Committee Recommendation: To forward the item to Council with a Qualified Positive Recommendation that the Council: 1. Refer to the City Manager and the Civic Arts Commission to: a) Consider common standards for locally designated cultural districts, including but not limited to Overlay Zones, and implementation of cultural district designation within the boundaries of Area Specific Plans, including but not limited to the Adeline Corridor and San Pablo Corridor Specific Plans, b) Pursuant to California Government Code Section 8758, consider solicitation of state designation for cultural districts in the City of Berkeley. 2. Defer referral of the study and development of an ordinance and implementation plan until later in the process when there is more information regarding the applicable standards and definitions.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

18.-Bicycle and Pedestrian Access on the Richmond-San Rafael Bridge
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

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.

19.-Renewal of the Solano Avenue BID for Calendar Year 2025
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution confirming the Annual Report and Budget for the Solano Avenue Business Improvement District (hereafter, “Solano BID Advisory Board” or “the BID”) for 2024-2025 and, if no majority protest exists, levy annual assessments in the District for calendar year 2025 to finance services and improvements and authorize a fiscal agency contract for receipt and expenditure of District funds. 
Financial Implications: See report.
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

20.-Zoning Ordinance Amendments: Keep Innovation in Berkeley
Revised Material (Supp 1)
Presentation
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt first reading of an Ordinance amending Berkeley Municipal Code Title 23 to encourage Research and Development (R&D) uses in Berkeley. 
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Information Reports

21.-Staff Shortages: City Services Constrained by Staff Retention Challenges and Delayed Hiring Audit Status Report
From: City Manager
Contact: Anne Cardwell, City Manager's Office, (510) 981-7000

22.-Measure FF Spending Audit Status Report
From: City Manager
Contact: David Sprague, Fire, (510) 981-3473