City Council Regular Meeting eAgenda January 16, 2024
AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, January 16, 2024
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702
TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708
Jesse Arreguin, Mayor
Councilmembers:
District 1 – Rashi Kesarwani |
District 5 – Sophie Hahn |
District 2 – Terry Taplin |
District 6 – Susan Wengraf |
District 3 – Ben Bartlett |
District 7 – Rigel Robinson |
District 4 – Kate Harrison |
District 8 – Mark Humbert |
Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.
Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley-info.zoomgov.com/j/1619411775 . To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 941 1775. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair. Please be mindful that the meeting will be recorded.
To submit a written communication for the City Council’s consideration and inclusion in the public record, email council@berkeleyca.gov.
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect. Any member of the public may attend this meeting. Questions regarding public participation may be addressed to the City Clerk Department (510) 981-6900. 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.
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: Persons will be selected to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. Persons attending the meeting in-person and 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 commencement of that meeting. 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. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. 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.
1.-Amendment: FY 2024 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,892–N.S. amending the FY 2024 Annual Appropriations Ordinance No. 7,879–N.S. for fiscal year 2024 based upon recommended re-appropriation of committed FY 2023 funding and other adjustments authorized since July 1, 2023, in the amount of $270,355,759 (gross) and $258,134,257 (net).
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000
2.-Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of November 20, 2023 (special closed), December 5, 2023 (regular) and December 12 (special and regular).
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
3.-California For All Animals Grant Award
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to receive a $60,000 California For All Animals grant award from the Koret Shelter Medicine Program at UC Davis and to enter into contract and all necessary amendments with the Regents of the University of California resulting from this funding.
Financial Implications: Grant - $60,000
Contact: Peter Radu, City Manager's Office, (510) 981-7000
4.-Contract No. R9710 Amendment: City of Piedmont for Animal Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend an existing contract number R9710 and any amendments with the City of Piedmont for Berkeley Animal Care Services (BACS) to provide animal sheltering and certain animal care services to the City of Piedmont. For these services the City of Piedmont will pay the City of Berkeley an amount not to exceed $196,572 for services performed from FY2024 through FY2026. This adjustment will result in a revised maximum total contract amount of $708,388.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000
5.-Extension of Declaration of Homeless Shelter Crisis
From: City Manager
Recommendation: Adopt a Resolution extending Resolution No. 70,179 – N.S., extending the declaration of a Homeless Shelter Crisis until January 17, 2029.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000
6.-Acceptance - $30,000 Grant from the National Endowment for the Arts
From: City Manager
Recommendation: Adopt a Resolution accepting a $30,000 grant from the National Endowment for the Arts (NEA). The grant will be used to support a new Civic Arts grant program totaling $60,000 to begin in Fiscal Year 2025 (FY25). The NEA grant will be used to underwrite a new program designed to support the following types of arts and cultural programming in the City of Berkeley: -Nonprofit (not-art specific) organizations located in the City of Berkeley wishing to produce arts/cultural programming in the City of Berkeley led by a partnering arts organization or teaching artist; or -Arts nonprofit organizations located in the Greater Bay Area (outside of Berkeley) wishing to produce arts/cultural programming taking place in the City of Berkeley.
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530
7.-Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on January 16, 2024
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 - $3,434,341
Contact: Henry Oyekanmi, Finance, (510) 981-7300
8.-Contract: Healthy Black Families for Housing Preference Policy Outreach and Education
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with Healthy Black Families (HBF) to provide outreach and education activities related to the Housing Preference Policy (HPP) from January 17, 2024 to January 17, 2025, in an amount not to exceed $70,400.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400
9.-Contract No. 32300203 Amendment: Hansine Fisher & Associates for Targeted Case Management, Medi-Cal Administrative Activities, CalAIM Enhanced Care Management Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32300203 for $73,060 and any additional amendments or extensions, with Hansine Fisher & Associates for Targeted Case Management (TCM) consulting services. The contract amendment’s not-to-exceed amount will be increased to a total of $172,600 for the period July 1, 2023 through June 30, 2024.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400
10.-Contract No. 32300134 Amendment: Bonita House for Specialized Care Unit Provider
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to amend Contract No. 32300134 with Bonita House to add $11,500 of state Crisis Care Mobile Units (CCMU) grant funding for a not-to-exceed amount of $4,579,500.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400
11.-Revenue Contract: Funding from Berkeley Unified School District for First Aid Services at the Berkeley High School Health Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any resultant revenue agreements and amendments with the Berkeley Unified School District to conduct first aid services at the Berkeley High School Health Center with the projected total amount of $920,557 for July 1, 2023 to June 30, 2028.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400
12.-Correcting Effective Date for Salary Range Adjustments of Select Local One Supervisors
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 70,993-N.S. and correcting the effective date of the increase in the salary range of select Local One supervisors – namely, Senior Building Maintenance Supervisor, Senior Equipment Supervisor, Senior Public Works Supervisor, and Senior Solid Waste Supervisor – from January 1, 2023 to December 1, 2022.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800
13.-Contract No. 32200162-1 Amendment: ThirdWave Corporation for Professional Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32200162 with ThirdWave Corporation for professional services for an amount not to exceed of $230,000 for a total contract value not to exceed $275,000 through June 30, 2025.
Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500
14.-Contract No. 32100080-1 Amendment: Assetworks LLC Software Modules and Professional Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32100080 with AssetWorks, LLC to provide additional software modules and professional services extending the term of the contract through December 31, 2028, increasing the amount by $270,000, for a total not-to-exceed amount of $757,249.
Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500
15.-Grant Application: Caltrans Sustainable Transportation Grant Program for the Interstate 80 at Aquatic Park Tide Tube Renovation Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or a designee to submit a grant application to the Caltrans Sustainable Transportation Planning Grant Program for the Interstate 80 at Aquatic Park Tide Tube Renovation Project; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the projects and appropriation of funding for related expenses, subject to securing the grants.
Financial Implications: Revenue - $535,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
16.-Grant Application: Cal Fire Wildfire Prevention Grants Program to mitigate hazardous tree conditions at Berkeley overnight camps
Revised material (Supp 2)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a CAL FIRE hazardous tree mitigation grant application in the amount up to $3 million; to accept the grant; to execute any resultant revenue agreements and amendments; and authorizing the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
17.-Contracts: As-needed Derelict Vessel and Debris Removal and Disposal Services
From: City Manager
Recommendation: Adopt three (3) Resolutions authorizing the City Manager to execute the following contracts, and any amendments, extensions, or other change orders for derelict vessel and debris removal and disposal services as-needed, each for a period of January 17, 2024 to January 16, 2026:
1. Lind Marine, for an amount not to exceed $162,000.
2. Power Engineering Construction, for an amount not to exceed $162,000.
3. Silverado Contractors, for an amount not to exceed $162,000.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
18.-Prevailing Wage Requirements in the Southside Plan Area; Adding Berkeley Municipal Code Chapter 13.108
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Title 13 to add Chapter 13.108 --Prevailing Wage Requirements in the Southside Plan Area to establish prevailing wage requirements for projects exceeding 50 units or 50,000 square feet in the Southside Plan Area.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400
19.-Contract: Ethico for Whistleblower Hotline and Case Management Services
From: Auditor
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Ethico for whistleblower hotline and case management software services for a total amount not to exceed $100,000 for the contract period of February 1, 2024 through January 31, 2027.
Financial Implications: General Fund - $100,000
Contact: Jenny Wong, Auditor, (510) 981-6750
20.-RFP for Development of West Berkeley Service Center
From: Mayor Arreguin (Author), Councilmember Kesarwani (Author), Councilmember Sophie Hahn (Co-Sponsor), Councilmember Susan Wengraf (Co-Sponsor)
Recommendation: Refer to the City Manager to issue a Request for Proposal (RFP) for the development of the city-owned West Berkeley Service Center, (1900 Sixth Street), to permit site acquisition and construction of a 100-percent affordable housing project with the following key features: -Space on the ground floor of the building for administrative offices, community space and supportive services as currently provided by the City; -Maximizing the number of units under the existing zoning Mixed Use-Residential (MU-R) in conjunction with state law AB 1763 (2019); -A mix of unit sizes, including studios, one-bedroom, and two-bedroom units; -Require RFP applicants to include a plan for services provision and integration for the population(s) they propose to serve; -A preference for serving seniors and adults with mental health conditions while maintaining flexibility to serve other populations based on availability of funding.
The City Manager should also consider the feasibility of the following elements in the program design: -Universally designed housing for older adults with a portion of the units for assisted living and memory care; -A board and care facility with a minimum of 20 beds including space for staff and services; -Explore available federal, state, regional, local and private funding sources to finance the construction of a housing project, including with the potential target populations.
The issuance of an RFP should be timed to happen soon after funding for the development has been identified.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
21.-Black History Month Event Berkeley Juneteenth Association, Inc. 501(c)3: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Bartlett (Author), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of funds, including $1,500 from the discretionary Council office budget of Vice Mayor Ben Bartlett, to the Berkeley Juneteenth Association, Inc. 501(c)3 for the Black History Month Event. 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 wish to contribute.
Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130
22.-Supporting the Installation of Permanent Chess/Games Tables on Telegraph Avenue and Proposing Resolution of Concerns at 2454 Telegraph Avenue (Reviewed by the Health, Life Enrichment, Equity, & Community Committee)
From: Councilmember Hahn (Author), Councilmember Robinson (Co-Sponsor)
Recommendation:
1. Refer to the FY2025 Budget Process $50,000 to support the installation of fixed or purchase of portable public chess/game tables on Telegraph Avenue, including at or near the intersection of Telegraph and Haste Streets, and potentially elsewhere in Berkeley to support development of a citywide chess & games facility.
2. Refer to the City Manager to explore the potential development of a parklet at or near the Telegraph/Haste intersection, potentially near the South/West corner (beyond the yellow loading area on Haste Street) and other potential locations for a parklet that could accommodate chess/game tables and the volume of community participation this activity generates. Staff should consider who is the appropriate entity to finance such an improvement.
3. Refer to the City Manager the development of a city-wide chess and game facilities program to integrate permanent chess/game nodes into park, curtilage, and/or sidewalk areas throughout Berkeley in a manner that encourages broad participation in and enjoyment of games and supports the building of community around these activities. Consider appropriate locations for nodes, installation of City-owned facilities, rules and regulations for use, and maintenance.
4. Direct the City Manager to explore entering into negotiations with the property owner at 2454 Telegraph Avenue to achieve an agreement that would result in upgrades and improvements to the building exterior/facade, create a landscaped perimeter around the exposed entry area, improve maintenance, and/or similar terms, in exchange for a reduction/waiver of accumulated fees.
Policy Committee Recommendation: To send Item 2 and Item 3 on the Policy Committee's agenda to the City Council as revised with a positive recommendation. Proposed revisions include consideration of: financing of improvements; negotiations with property owner(s); rules relating to the public right-of-way; and support of city-wide program(s).
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150
23.-Installation of a 3-way Stop at the Intersection of Hopkins and McGee
From: Councilmember Hahn (Author), Councilmember Humbert (Co-Sponsor), Mayor Arreguin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor)
Recommendation: Direct the City Manager to install two additional stop signs at the intersection of Hopkins and McGee Streets, transforming the ‘T’ intersection into a 3-way stop, to be installed as soon as possible, and no later than July 31, 2024.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150
24.-City of Berkeley Support for Proposition 1 on March 5, 2024 Ballot
From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor)
Recommendation: Adopt a Resolution in Support of California State Proposition 1 and request that the City Manager issue a press release indicating the City’s support.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160
25.-Referral: Policies to Accommodate Chess (Reviewed by the Health, Life Enrichment, Equity, & Community Committee)
From: Councilmember Robinson (Author), Councilmember Harrison (Author), Councilmember Hahn (Co-Sponsor)
Recommendation: Refer to the City Manager to explore legislative and policy alternatives for accommodating chess and games in the public right-of-way. Consideration should be given to ensure that use of tables and chairs does not unduly obstruct public sidewalks or complicate existing enforcement of rules relating to the public right-of-way.
Policy Committee Recommendation: To send Item 2 and Item 3 on the Policy Committee's agenda to the City Council as revised with a positive recommendation. Proposed revisions include consideration of: financing of improvements; negotiations with property owner(s); rules relating to the public right-of-way; and support of city-wide program(s).
Financial Implications: See report
Contact: Rigel Robinson, 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 one of the Action Calendar public comment periods on the item. Public comment will occur for each Action item (excluding public hearings, appeals, and/or quasi-judicial matters) in one of two comment periods, either 1) before the Action Calendar is discussed; or 2) when the item is taken up by the Council.
A member of the public may only speak at one of the two public comment periods for any single Action 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. Up to ten (10) speakers 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.
Action Calendar – Scheduled Public Comment Period
-During this public comment period, the Presiding Officer will open and close a comment period for each Action item on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters). The public may speak on each item. 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 the appellant and 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.
Up to ten (10) speakers 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.
26.-Expansion of the Elmwood Business Improvement District, Levy Assessments in the District for 2025, and Authorize a Contract with the Elmwood Business Association (EBA) to receive assessment revenue
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:
1. Adopt first reading of an Ordinance expanding the Elmwood Business Improvement District, amending Chapter 7.84 of the Berkeley Municipal Code (BMC) originally adopted by Ordinance No. 6,164-N.S.; and
2. Adopt a Resolution levying assessments in the Elmwood Business Improvement District for calendar year 2025 and giving the City Manager authority to contract with the Elmwood Business Association (EBA) to receive assessment revenue and spend it on improvements and activities authorized in the Ordinance and the Resolution of Intention: Resolution No. 71,099 -N.S.
Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530
27.-Amending the Miscellaneous CalPERS Contract to (a) Eliminate PEPRA Cost Sharing for Unrepresented Employees (b) Add Paramedic and Limited Term EMT to Safety Category
Supplemental material (Supp 2)
From: City Manager
Recommendation: Adopt the Resolution of Intention and first reading of an Ordinance to amend the contract between the Board of Administration, California Public Employees’ Retirement System, and the City Council for the City of Berkeley (a) pursuant to California Government Code Section 20516 to eliminate the cost share contributions made on behalf of the City by PEPRA members of the Unrepresented Employees group, and (b) pursuant to California Government Code Section 20434 to add the Paramedic and Limited Term Emergency Medical Technician (EMT) classifications under the Safety category.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800
28.-Consideration of Options for Berkeley High School Staff Parking
Supplemental material (Supp 2)
From: City Manager
Recommendation: Receive information on several options for providing additional parking for Berkeley High School staff. Provide feedback to staff, which will then be shared with 2x2 Committee with the goal of identifying a mutually agreeable solution for both the school district and the City.
Financial Implications: See report
Contact: Anne Cardwell, City Manager's Office, (510) 981-7000
29.-Referral: Neighborhood-Scale Commercial (Reviewed by the Land Use, Housing, & Economic Development Committee)
From: Councilmember Robinson (Author), Councilmember Bartlett (Author), Councilmember Taplin (Author)
Recommendation: Refer to the City Manager and Planning Commission to consider and develop policies to permit neighborhood-scale retail uses in residential zones to increase economic opportunity, vitality, and walkability in Berkeley neighborhoods. Changes may include zoning alterations or modifications to use permit requirements.
In order to inform any potential policy changes, staff should conduct analysis and outreach to understand the market demand for neighborhood-scale commercial uses and consider best practices from other municipalities.
Staff and the Planning Commission should consider conditions and development of performance standards to avoid detrimental impacts on surrounding residential uses and neighborhoods, including but not limited to limitations on noise, odors, smoke, waste generation, operating hours, signage, loading/unloading activity, setbacks, tenant protections, limitations on selling alcohol for on-site consumption, considerations for ADA compliance, restricting applicants to businesses with fewer than three locations, and establishing different permitting requirements depending on square footage, proposed use, or other factors.
Policy Committee Recommendation: To send the item as revised to the City Council with a positive recommendation.
Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170
30.-Adopt an Ordinance Adding Chapter 12.75 to the Berkeley Municipal Code to Establish Protections Relating to Horses Held, Owned, Used, Exhibited, or Otherwise Kept for Racing or Other Sport, Entertainment or Profit (Reviewed by the Health, Life Enrichment, Equity, & Community Committee)
From: Councilmember Harrison (Author)
Recommendation: Adopt an Ordinance Adding Chapter 12.75 to the Berkeley Municipal Code to Establish Protections Relating to Horses Held, Owned, Used, Exhibited, or Otherwise Kept for Racing or Other Sport, Entertainment or Profit.
Policy Committee Recommendation: Send the item to Council with a qualified positive recommendation to approve the Ordinance with substantial edits and as may be necessary for legal and administrative purposes.
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140
31.-FY 2023 Preliminary Year-End Status
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000
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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City Clerk Department - 2180 Milvia Street, First Floor
Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901
Email: clerk@berkeleyca.gov
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 (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.
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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 January 4, 2024.
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 #5: Extension of Declaration of Homeless Shelter Crisis
- Irene Rice
- Vianney Gonzalez, on behalf of Extra Space Storage
- Elsa and Matt Esch
- Stephanie Lowe
Item #30: Adopt an Ordinance Adding Chapter 12.75 to the Berkeley Municipal Code to Establish Protections Relating to Horses Held, Owned, Used, Exhibited, or Otherwise Kept for Racing or Other Sport, Entertainment or Profit
- Tweed Conrad
- C. Scott Chaney, Executive Director, California Horse Racing Board
BART Development
- Melanie Lawrence and John Smail
- Friends of Adeline
- Chris Gilbert
Crime
- Richard Robbins, on behalf of Wareham Development
- Seamus Kelly
- Ray Sharma, on behalf of Gora, Inc. (2)
- Ilana Pearlman
- David Lerman
- John Parman
Safe Streets
- Danielle Hacker
- Ben Gould
- John Parman
- Alfred Twu
- Sean
Street Paving
- Susan Orbuch
- Pamela Rudd
- Alicia Telford
- Clare and Dianna Mullins
- Barbara Gilbert
- Bryce Nesbitt
- Ray Freeman
- Kenny Yip
- Laura Louis
- Elizabeth Kloian
- Lisa Chow
- Diane Garcia
- Kay Englund
- Karen Nady
- John Malork
- Mario Aranha
- Peggy Radel
Bus Service
- Minar Aware
- Luoping Zhang
- Erin Baudo Felter
- Grank Fletcher
Winter Shelter
- Christoverre Kohller
- Elana Auerbach
- Moni Law
- Diana Bohn
Mental Health
- Moni Law
- Eddie Bui
Minimum Wage
- Henry Beadles
Farmers Market Porta Potties
- Donna Mickleson
$14M Budget Update
- Eric Friedman
Uber/Lyft
- Wendy Alfsen
- David Lermam
Brown Act
- Berkeley People’s Alliance
- Anna Armstrong
Ohlone Greenway
- Cindi Goldbert
Save Theaters
- Salli Lundgren
Cup of Water Price
- Jennifer Fisher
Tenants Opportunity to Purchase Act
- Sierra Club, Northern Alameda County Group
Restaurant Inspections
- Eric Friedman
Emissions Footprint
- Corinne Scown
930 Harrison Street
- Yessica Prado
#Giving Tuesday
- Eric Friedman
People’s Park
- Carol Hirth
- Diana Bohn
Library
- Eric Friedman
Duplex Owners
- Rick Maisel
URL’s Only
- John Parman
- Vivian Warkentin (4)
Israel/Gaza
- Sadaf Qazi
- Ilana Pearlman
- Hillary Kilimnik
- Jennifer Carmona
- Richard Tamm
- Vladlena Gulchin
- Rachel Factor
- Sofia Pavlova
- Linda Wulf
- David Kilimnik
- Blair Fingerhut
- Lori Pottinger
- Dorothea Dorenz
- Joshua Schnoll
- Laura Schmidt
- Matt Lasner
- Jaleh Niazi
- Nancy Bickel
- Sandy Schwarcz
- czwolf@
- John Blaustein
- Craig Peterson
- Michelle Chen
- Anne Pescatello and Bonnie Wade
- Jim Hynes
- Tony Warwick
- Mati Teiblum
- Bohun Kinloch
- Barbara Vaughan
- Michael Salveson
- Andrea and Stan Washburn
- David Biale
- Fran Segal
- Susan Brand
- Dave Kent
- Judith and Stanley Lubman
- Christina Crowley
- Brett Mendel
- Lori Berenson
- Moni Law
- Maya B.
- Fateme Montazeri
- Beatriz Manz
- Luqman Saib
- Caroline Lucas
- Rohan Sabnis
- Daniel Frydman
- Mitch Cohen
- Keith Watts
- Robin Blum
- Pamela Drake
- Abigail Tolby
- Jack Kurzweil
- Veena Nambiar
- James Nelson
- Enikia Ford Morthel
- David Kilimnik
- Christine Lee
- Christina Harb
- Ellen Feigenbaum
- Peter Schwab
- Lori Berenson
- Karin Vosgueritchian
- Isa Hoffman
- Amy Cummings
- Emma Koeze
- Lisa Jervis
- Terry Mandel
- Richard Fish
- Sylvia Santillanez
- Bob Flasher
- Elana Auerbach
- Chrissy Hoffman
- Tasneem Nomnabhai
- Debra Barach
- Karen Carroll
- Kiernan Rok
- Barbara Erickson
- Carl Nelson
- Dorothea Dorenz
- Lea Zalinskis
- Daniel Goldstein
- Clyde Leland
- Jim Gilbert
- Lillie Brum
- Deb Fink
- Luqman Saib
- Jean Weininger
- Ronnie Cohen
- Martin and Jill Dodd
- Jerry Berkman
- Emily Brod
- Jenny Wenk
- Katya Gerwein
- Karen Olson
- Susan Matisoff
- Candace Hyde-Wang
- Judi Doyle
- Raphael Goldman
- Susan Orbuch
- Jenna Lewis
- Todd Andrew
- Robert Zucker
- Bronya Feldmann
- Barbara Schick
- Dorothea Dorenz
- Karen Weinstein
- Deborah Leeds
- Susan Oliver
- Daren Fields
- Carmen de Monteflores
- Janis Pearson
- Mary Stapleton
- rdurling@
- Lean and John Rosenthal
- Michael Lonergan
- Verna Winters
- Huzaifa Ahmad
- Hope Alper
- Ellen Feigenbaum
- Monika Mann
- Sarah Goldstein
- Anirvan Chatterjee
- John Hitchen
- Ilene Lee
- Shelley Horwitz
- Malka Weitman
- Eric Strauss
- Robin Blum
- Debbi
- Jerry Skrainar
- Mary Louise Zernicke
- Martha Staskawi
- Michael Cassidy
- Lubat Asadova
- Auzeef Ramzan Ali
- Rachel Stevensen
- Lionel Chocron
- Esther Brass-Chorin
- Barbara Mathew Smith
- Vincent Casalaina
- Judy Logan
- Revi Sagee
- Rabbi Adam Naftalin-Kelman
- Rebecca Landes
- Joan Bradus
- Matthew Lasner
- Stuart Cohen
- Sofia Pavlova
- Tom and Jane Kelly
- Noah Alper
- Andrea Medrano
- Nancy Sader
- Ruth Ehrenkrantz
- Joan Hart
- Carol Hirth
- Harry Delmer
- Linda Strean
- Councilmember Harrison
- Barbara Gilbert
- Peggy Harris
- Christina Harb
- Laura Atkins
- Robert Bonem
- M. Audrey Gardner
- Stefano DellaVigna
- Mary Wrenn
- Catalina Ruiz-Healy
- Itamar Landau
- Lowell Finley
- Michael Gardner
- Rochelle Blumenfeld
- Stephen Morris
- Fran Haselsteiner
- Vicki Sommer
- Richard Swartz
- Dianna Dar
- Helen Marcus
- Robin Kojima
- Richard Keene
- Steve Scholl
- Jessica Behrman
- Mia Reid
- Andrea Prichett
- Barbara Vaughan
- Gloria Schild
- Nancy Rader
- Scott West
- Robsun Coaching
- Jane Schoenfeld
- Alan Pearson
- Dan and Lynne Fingerman
- Holly Smith
- Barbara Lewis
- Tali Ziv
- Jim Blume
- Alan Schoenfeld
- Colleen Busch
- Patricia Kipnis
- Bill Powning
- Rabbi Yonatan Cohen
- Eric Friedman
- Rebecca Brams
- Ruth Muscehl
- Andrea Cassidy
- Elizabeth Horowitz
- Jessica Abbe
- Stuart Kelman
- Ivan Diamond
- Teresa Wong
- Janice Pardoe
- Alison Lingo
- Issy Kipnis
- Geri Degen
- Steve Meyers
- Paul Jacobs
- John Light
- Marsha Gale
- Sarah Baughn
- Elisabeth Goldstein
- Richard Marcus
- Liz Hoadley
- Katherine Mapes-Resnik
- Joan Sarnat
- William Guynn
- Isabelle Gaston
- Rick Maisel
- Gail Nanao
- Wendy Bloom
- Gytta Papier
- Michael Scandling
- Shelley Golomb
- Jennifer Mary Pearson
- Esta Brand
- Michael Juster
- Simone Hoelck
- Susan Schickman
- Susan Frankel and Moshe Maler
- Barbara Gross Davis
- Catherine de la Pena
- Susan Goldstein
- Elaine Jackson
- Neil Lupa
- Ellen Weinreb
- Ruth Berins Collier
- Bill Miner
- Lili Naveh
- Abigail Tolby
- Namita Chandra
- Roni Con
- Francesca Mejia
- Rachel Eryn Kalish
- Luqman Saib
- Eric Friedman
- Medodee
- Miranda Lucia
- Vish Soroushian
- Allen Mayer
- Laurie Dubin
- Moni Law
- Myriam Misrach
- Hillary Kilimnik
- Pascal Bensoussan
- Lea Zalinskis
- Luqman Saib
- Andrea Waid
- John Anderson
- Andrew Fox
- Susan Whitman
- Kenneth Solnit
- Dora Weinstein
- Hillary Kilimnik
- Doug Herst
- Anna Henry
- David Davis
- Diana Bohn
- Judd
- Abigail Tolby
- Mikelle Emanuel-Shoham
- Roxana Dhada
- Karin Vosgueritchian
- Dorthea Dorenz (2)
- Amodini Choudhary
- Desmid Lyon
- Olivia Lapinsky
- Eyyad Haddad
- Janice Schroeder
- Muniba Ahmed
- Felisa Simon
- Amber Yada
- Yossi Fendel
- Arushi Kalam
- Eyman Elzarka
- Leslie Valas
- Samira
- Zachary Weed
- Phoebe Thomas Sorgen
- Yoel Kahn
- Anthony Stone
- Dhoha Bareche
- Bruce Feingold
- Michelle Brenner
- Thomas Luce
- Sophia Elkin
- Denah Bookstein
- Somaya Abdelgany
- Georgia Maslowski
- Madeeha Khan
- Anne Ellis
- Rachel Gita Schiff
- Jan Leuin
- Rabbi Chai Levy
- Milo Anjelo
- Yael Chaver
- Amy Gordon Risz
- Baruch Kadish
- Alison Griffith
- Arbel Shemesh
- Igor Tregub
- Jane Diamond
- Michelle Brenner
- Barbara Schick
- Ann Garrison
- Hind Eliyan
- Iris Greenberg-Smith
- Aharon Hochbaum
- Kay Englund
- Karen Weil
- Elsa Tranter
- Dorit Hochbaum
- Joan Wagger
- Bobbie Steinhart
- Josh Greenbaum
- Ory Sandel
- Judith Breakstone
- Oleg Ivanov
- Susanne DeWitt
- Ayana Davis
- Madeline Feingold
- Skye Lovett
- Jo Ilfeld
- Lois Wolf
- Sally Nelson
- Dor Abrahamson
- Nimrod Pitsker Ellas
- Terry Friedkin
- Kaeilyn Moss
- Judy Chess
- Mark Morris
- Nancy Klein
- John Citron
- Benjamin Fleischman
- David Kafton
- Steven Segal
- Jerry Berkman
- Ditsa Pines
- Charles and Deborah Koppelman
- Saturn McCoy
- Felisa Simon
- Gabriela Kipnis
- Howard Miller
- Eli Dsko
- Susanne DeWitt
- Robert Bonem
- William Rosen
- Alan Kittner
- Chloe Novak
- Gabriela Kipnis
- Stanley Wulf
- Gabriella Kellerman
- Jeff Stein
- Birger Stamperdahl
- Noga Alon
- David Kafton
- Judy Massarano
- William Guynn
- Susan Heitler
- Soshana Gross
- Rhoda Agin
- Ilona Sturm
- Leslie Valas
- Elana Auerbach
- Liron Ouziel
- Deborah Sosebee
- Miriam Ferris
- Marin McCoy
- Susanne DeWitt
- Ly Tran
- Melodee Au
- Antoinette Siguenza
- David Socholitzky
- Coco Kennedy
- Alex Gumbs
- Amy Cummings
- Jules
- Cierra Cardenas
- Sylvia
- Jennifer Fechner
- Anna Henry
- Jude Berman
- Robert Stamper
- Sofia Pavlova
- Hagar Scher
- Riley Abeles
- Amy Cummings
- Miriam Barrere
- Elissa Kittner
- Dan Fendel
- Desmid Lyon
- Kinneret Katz
- Eids TV
- Dorothea Dorenz
- Deborah Shaw
- Aliza Elias
- Joanne Donsky
- Yafit Shriki-Magidash
- Paul Lee
- Marc Sapir
- Liron Ouizel
- Jay Park
- Stephanie Green
- Helane Zeiger
- Nicole Chabot
- Judith Tabb
- Stefano Schiavon
- John Rosenberg and Diane Gerstler
- Jil Geller
- Laurene Wu McClain
- Tami Rowen
- Andrea Cohen
- Michael TenBrink
- Andy Hanauer
- Lean and John Rosenthal
- Patrice Ignelzi
- Donna DeDiemar
- Jim Jones
- Ben Ringler
- Alan Shindel
- Karen Weinstein
- David Ritvo
- Rachel Bradley
- Darya Kavitskaya
- Denise Resnikoff
- Jennifer Lewis
- Rebekah Stern
- Cassidy Kelly
- Robert Bonem
- Hagar Scher
- Itamar Landau
- Brian Rosenberg
- Rachel Gita Schiff
- Dmitriy Ryaboy
- Ariel Lev
- Noga Ravid
- Isaac Turiel
- Margery Eriksson and James Nelson
- Judd Goodman
- Gary Grimm
- Sandy Curtis
- Colleen Busch
- Jean Weininger
- Sherry Smith
- Lauren Kubiak
- Gretchen Brandt
- Mona Bernstein
- Emily Fox
- Lisa Miller
- Phyllis Steiber
- Norman Postone
- Iola Vollen
- Jay Park
- Fran Haselsteiner
- Barbara Gilbert
- Todd Andrew
- Stephen Woodrow
- Raphael Goldman
- Nick and Emily Brod
- Andrew Bestwick
- Megan Hall
- Eric Friedman
- Ayelet Waldman
- Peggy Orenstein
- Michael Bauce
- Melissa Chapman
- Marvin Engel
- Gabrielle Hazan
- Jaclyn Phi
- Arthur and Sheila Braufman
- Luqman Saib
- Rebecca Perlman
- Peter Bruce DuMont
- Chris Koenig
- Summer Brenner
- Ly Tran
- Liberty Schubert
- Noga Ravid
- Barryett Enge
- Leah Amzel
- Talia Dixon
- Ilana Pearlman
- Kim Friedman
- Mikelle Emanuel Shoham
- Madeline Pignetti
- Yoni Brenner
- Chris Koenig (2)
- Sommer Iqbal
- Karina Sando
- Bay Area Educators for Palenstine
- Sally Nelson
- Isaac Kaplan
- Tammy Hardin
- James Tabor
- Shanna Baron
- Tal Garner
- Jason Spangenthal
- Marcelo Vaz
- Michael Solorio
- Michelle Lessans
- Maryum Styles
- Michael Steinberg
- Moni Law
- Nora Shourd
- Esther Brass
- Hillary Kilmnik
- Roy Elis
- Shoshana Beary
- Mark Brody
- Jennifer Splansky Jester
- Rachel Factor
- Jamie Epstein
- Sara Shendelman
- Arbel Shemesh
- Wynd Kaufmyn
- Rebecca Soffer and Alberto Malvestio
- Leah Amzel
- Lindsay Vurek
- Brett Mendel
- Stacey Hara
- Laila Stone
- Deb Fink
- Shani Stolero
- David Davis
- Mimi Schultz
- Helmi Abdellatif
- Kiara Bragg
- Jaiden Feldman
- Daniel Milutin
- Paul Lee
- Khalid Kishawi
- Cheryl Davila (2)
- Nritkaar Dhesi
- Berkeley Federation of Teachers
- Chloe Novak
- Diana Bohn (2)
- Amy Cummings
- Russbumper (2)
- 41 similarly-worded form letters - “Ceasfire Now”. (Letters are on file at the City Clerk’s Office)
- 194 similarly-worded form letters - “Demand for the People”. (Letters are on file at the City Clerk’s Office)
- 323 similarly-worded form letters – “Urgent Appeal”. (Letters are on file at the City Clerk’s Office)
- 545 similarly-worded form letters – “Urgency Item”. (Letters are on file at the City Clerk’s Office)
- 2091 similarly-worded form letters – “Vote No”. (Letters are on file at the City Clerk’s Office)
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.