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

This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. If you are feeling sick, please do not attend the meeting in person.

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.

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.

-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.

Consent Calendar

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

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

-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.

-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.

-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

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

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

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.

Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.
Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

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

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at https://berkeleyca.gov/.

Agendas and agenda reports may be accessed via the Internet at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas
and may be read at reference desks at the following locations:

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

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

1. Irene Rice
2. Vianney Gonzalez, on behalf of Extra Space Storage
3. Elsa and Matt Esch
4. 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

5. Tweed Conrad
6. C. Scott Chaney, Executive Director, California Horse Racing Board

BART Development

7. Melanie Lawrence and John Smail
8. Friends of Adeline
9. Chris Gilbert

Crime

10. Richard Robbins, on behalf of Wareham Development
11. Seamus Kelly
12. Ray Sharma, on behalf of Gora, Inc. (2)
13. Ilana Pearlman
14. David Lerman
15. John Parman

Safe Streets

16. Danielle Hacker
17. Ben Gould
18. John Parman
19. Alfred Twu
20. Sean

Street Paving

21. Susan Orbuch
22. Pamela Rudd
23. Alicia Telford
24. Clare and Dianna Mullins
25. Barbara Gilbert
26. Bryce Nesbitt
27. Ray Freeman
28. Kenny Yip
29. Laura Louis
30. Elizabeth Kloian
31. Lisa Chow
32. Diane Garcia
33. Kay Englund
34. Karen Nady
35. John Malork
36. Mario Aranha
37. Peggy Radel

Bus Service

38. Minar Aware
39. Luoping Zhang
40. Erin Baudo Felter
41. Grank Fletcher

Winter Shelter

42. Christoverre Kohller
43. Elana Auerbach
44. Moni Law
45. Diana Bohn

Mental Health

46. Moni Law
47. Eddie Bui

Minimum Wage

48. Henry Beadles

Farmers Market Porta Potties

49. Donna Mickleson

$14M Budget Update

50. Eric Friedman

Uber/Lyft

51. Wendy Alfsen
52. David Lermam

Brown Act

53. Berkeley People’s Alliance
54. Anna Armstrong

 

Ohlone Greenway

55. Cindi Goldbert

 

Save Theaters

56. Salli Lundgren

 

Cup of Water Price

57. Jennifer Fisher

Tenants Opportunity to Purchase Act

58. Sierra Club, Northern Alameda County Group

Restaurant Inspections

59. Eric Friedman

Emissions Footprint

60. Corinne Scown

930 Harrison Street

61. Yessica Prado

#Giving Tuesday

62. Eric Friedman

People’s Park

63. Carol Hirth
64. Diana Bohn

Library

65. Eric Friedman

Duplex Owners

66. Rick Maisel

URL’s Only

67. John Parman
68. Vivian Warkentin (4)

Israel/Gaza

69. Sadaf Qazi
70. Ilana Pearlman
71. Hillary Kilimnik
72. Jennifer Carmona
73. Richard Tamm
74. Vladlena Gulchin
75. Rachel Factor
76. Sofia Pavlova
77. Linda Wulf
78. David Kilimnik
79. Blair Fingerhut
80. Lori Pottinger
81. Dorothea Dorenz
82. Joshua Schnoll
83. Laura Schmidt
84. Matt Lasner
85. Jaleh Niazi
86. Nancy Bickel
87. Sandy Schwarcz
88. czwolf@
89. John Blaustein
90. Craig Peterson
91. Michelle Chen
92. Anne Pescatello and Bonnie Wade
93. Jim Hynes
94. Tony Warwick
95. Mati Teiblum
96. Bohun Kinloch
97. Barbara Vaughan
98. Michael Salveson
99. Andrea and Stan Washburn
100. David Biale
101. Fran Segal
102. Susan Brand
103. Dave Kent
104. Judith and Stanley Lubman
105. Christina Crowley
106. Brett Mendel
107. Lori Berenson
108. Moni Law
109. Maya B.
110. Fateme Montazeri
111. Beatriz Manz
112. Luqman Saib
113. Caroline Lucas
114. Rohan Sabnis
115. Daniel Frydman
116. Mitch Cohen
117. Keith Watts
118. Robin Blum
119. Pamela Drake
120. Abigail Tolby
121. Jack Kurzweil
122. Veena Nambiar
123. James Nelson
124. Enikia Ford Morthel
125. David Kilimnik
126. Christine Lee
127. Christina Harb
128. Ellen Feigenbaum
129. Peter Schwab
130. Lori Berenson
131. Karin Vosgueritchian
132. Isa Hoffman
133. Amy Cummings
134. Emma Koeze
135. Lisa Jervis
136. Terry Mandel
137. Richard Fish
138. Sylvia Santillanez
139. Bob Flasher
140. Elana Auerbach
141. Chrissy Hoffman
142. Tasneem Nomnabhai
143. Debra Barach
144. Karen Carroll
145. Kiernan Rok
146. Barbara Erickson
147. Carl Nelson
148. Dorothea Dorenz
149. Lea Zalinskis
150. Daniel Goldstein
151. Clyde Leland
152. Jim Gilbert
153. Lillie Brum
154. Deb Fink
155. Luqman Saib
156. Jean Weininger
157. Ronnie Cohen
158. Martin and Jill Dodd
159. Jerry Berkman
160. Emily Brod
161. Jenny Wenk
162. Katya Gerwein
163. Karen Olson
164. Susan Matisoff
165. Candace Hyde-Wang
166. Judi Doyle
167. Raphael Goldman
168. Susan Orbuch
169. Jenna Lewis
170. Todd Andrew
171. Robert Zucker
172. Bronya Feldmann
173. Barbara Schick
174. Dorothea Dorenz
175. Karen Weinstein
176. Deborah Leeds
177. Susan Oliver
178. Daren Fields
179. Carmen de Monteflores
180. Janis Pearson
181. Mary Stapleton
182. rdurling@
183. Lean and John Rosenthal
184. Michael Lonergan
185. Verna Winters
186. Huzaifa Ahmad
187. Hope Alper
188. Ellen Feigenbaum
189. Monika Mann
190. Sarah Goldstein
191. Anirvan Chatterjee
192. John Hitchen
193. Ilene Lee
194. Shelley Horwitz
195. Malka Weitman
196. Eric Strauss
197. Robin Blum
198. Debbi
199. Jerry Skrainar
200. Mary Louise Zernicke
201. Martha Staskawi
202. Michael Cassidy
203. Lubat Asadova
204. Auzeef Ramzan Ali
205. Rachel Stevensen
206. Lionel Chocron
207. Esther Brass-Chorin
208. Barbara Mathew Smith
209. Vincent Casalaina
210. Judy Logan
211. Revi Sagee
212. Rabbi Adam Naftalin-Kelman
213. Rebecca Landes
214. Joan Bradus
215. Matthew Lasner
216. Stuart Cohen
217. Sofia Pavlova
218. Tom and Jane Kelly
219. Noah Alper
220. Andrea Medrano
221. Nancy Sader
222. Ruth Ehrenkrantz
223. Joan Hart
224. Carol Hirth
225. Harry Delmer
226. Linda Strean
227. Councilmember Harrison
228. Barbara Gilbert
229. Peggy Harris
230. Christina Harb
231. Laura Atkins
232. Robert Bonem
233. M. Audrey Gardner
234. Stefano DellaVigna
235. Mary Wrenn
236. Catalina Ruiz-Healy
237. Itamar Landau
238. Lowell Finley
239. Michael Gardner
240. Rochelle Blumenfeld
241. Stephen Morris
242. Fran Haselsteiner
243. Vicki Sommer
244. Richard Swartz
245. Dianna Dar
246. Helen Marcus
247. Robin Kojima
248. Richard Keene
249. Steve Scholl
250. Jessica Behrman
251. Mia Reid
252. Andrea Prichett
253. Barbara Vaughan
254. Gloria Schild
255. Nancy Rader
256. Scott West
257. Robsun Coaching
258. Jane Schoenfeld
259. Alan Pearson
260. Dan and Lynne Fingerman
261. Holly Smith
262. Barbara Lewis
263. Tali Ziv
264. Jim Blume
265. Alan Schoenfeld
266. Colleen Busch
267. Patricia Kipnis
268. Bill Powning
269. Rabbi Yonatan Cohen
270. Eric Friedman
271. Rebecca Brams
272. Ruth Muscehl
273. Andrea Cassidy
274. Elizabeth Horowitz
275. Jessica Abbe
276. Stuart Kelman
277. Ivan Diamond
278. Teresa Wong
279. Janice Pardoe
280. Alison Lingo
281. Issy Kipnis
282. Geri Degen
283. Steve Meyers
284. Paul Jacobs
285. John Light
286. Marsha Gale
287. Sarah Baughn
288. Elisabeth Goldstein
289. Richard Marcus
290. Liz Hoadley
291. Katherine Mapes-Resnik
292. Joan Sarnat
293. William Guynn
294. Isabelle Gaston
295. Rick Maisel
296. Gail Nanao
297. Wendy Bloom
298. Gytta Papier
299. Michael Scandling
300. Shelley Golomb
301. Jennifer Mary Pearson
302. Esta Brand
303. Michael Juster
304. Simone Hoelck
305. Susan Schickman
306. Susan Frankel and Moshe Maler
307. Barbara Gross Davis
308. Catherine de la Pena
309. Susan Goldstein
310. Elaine Jackson
311. Neil Lupa
312. Ellen Weinreb
313. Ruth Berins Collier
314. Bill Miner
315. Lili Naveh
316. Abigail Tolby
317. Namita Chandra
318. Roni Con
319. Francesca Mejia
320. Rachel Eryn Kalish
321. Luqman Saib
322. Eric Friedman
323. Medodee
324. Miranda Lucia
325. Vish Soroushian
326. Allen Mayer
327. Laurie Dubin
328. Moni Law
329. Myriam Misrach
330. Hillary Kilimnik
331. Pascal Bensoussan
332. Lea Zalinskis
333. Luqman Saib
334. Andrea Waid
335. John Anderson
336. Andrew Fox
337. Susan Whitman
338. Kenneth Solnit
339. Dora Weinstein
340. Hillary Kilimnik
341. Doug Herst
342. Anna Henry
343. David Davis
344. Diana Bohn
345. Judd
346. Abigail Tolby
347. Mikelle Emanuel-Shoham
348. Roxana Dhada
349. Karin Vosgueritchian
350. Dorthea Dorenz (2)
351. Amodini Choudhary
352. Desmid Lyon
353. Olivia Lapinsky
354. Eyyad Haddad
355. Janice Schroeder
356. Muniba Ahmed
357. Felisa Simon
358. Amber Yada
359. Yossi Fendel
360. Arushi Kalam
361. Eyman Elzarka
362. Leslie Valas
363. Samira
364. Zachary Weed
365. Phoebe Thomas Sorgen
366. Yoel Kahn
367. Anthony Stone
368. Dhoha Bareche
369. Bruce Feingold
370. Michelle Brenner
371. Thomas Luce
372. Sophia Elkin
373. Denah Bookstein
374. Somaya Abdelgany
375. Georgia Maslowski
376. Madeeha Khan
377. Anne Ellis
378. Rachel Gita Schiff
379. Jan Leuin
380. Rabbi Chai Levy
381. Milo Anjelo
382. Yael Chaver
383. Amy Gordon Risz
384. Baruch Kadish
385. Alison Griffith
386. Arbel Shemesh
387. Igor Tregub
388. Jane Diamond
389. Michelle Brenner
390. Barbara Schick
391. Ann Garrison
392. Hind Eliyan
393. Iris Greenberg-Smith
394. Aharon Hochbaum
395. Kay Englund
396. Karen Weil
397. Elsa Tranter
398. Dorit Hochbaum
399. Joan Wagger
400. Bobbie Steinhart
401. Josh Greenbaum
402. Ory Sandel
403. Judith Breakstone
404. Oleg Ivanov
405. Susanne DeWitt
406. Ayana Davis
407. Madeline Feingold
408. Skye Lovett
409. Jo Ilfeld
410. Lois Wolf
411. Sally Nelson
412. Dor Abrahamson
413. Nimrod Pitsker Ellas
414. Terry Friedkin
415. Kaeilyn Moss
416. Judy Chess
417. Mark Morris
418. Nancy Klein
419. John Citron
420. Benjamin Fleischman
421. David Kafton
422. Steven Segal
423. Jerry Berkman
424. Ditsa Pines
425. Charles and Deborah Koppelman
426. Saturn McCoy
427. Felisa Simon
428. Gabriela Kipnis
429. Howard Miller
430. Eli Dsko
431. Susanne DeWitt
432. Robert Bonem
433. William Rosen
434. Alan Kittner
435. Chloe Novak
436. Gabriela Kipnis
437. Stanley Wulf
438. Gabriella Kellerman
439. Jeff Stein
440. Birger Stamperdahl
441. Noga Alon
442. David Kafton
443. Judy Massarano
444. William Guynn
445. Susan Heitler
446. Soshana Gross
447. Rhoda Agin
448. Ilona Sturm
449. Leslie Valas
450. Elana Auerbach
451. Liron Ouziel
452. Deborah Sosebee
453. Miriam Ferris
454. Marin McCoy
455. Susanne DeWitt
456. Ly Tran
457. Melodee Au
458. Antoinette Siguenza
459. David Socholitzky
460. Coco Kennedy
461. Alex Gumbs
462. Amy Cummings
463. Jules
464. Cierra Cardenas
465. Sylvia
466. Jennifer Fechner
467. Anna Henry
468. Jude Berman
469. Robert Stamper
470. Sofia Pavlova
471. Hagar Scher
472. Riley Abeles
473. Amy Cummings
474. Miriam Barrere
475. Elissa Kittner
476. Dan Fendel
477. Desmid Lyon
478. Kinneret Katz
479. Eids TV
480. Dorothea Dorenz
481. Deborah Shaw
482. Aliza Elias
483. Joanne Donsky
484. Yafit Shriki-Magidash
485. Paul Lee
486. Marc Sapir
487. Liron Ouizel
488. Jay Park
489. Stephanie Green
490. Helane Zeiger
491. Nicole Chabot
492. Judith Tabb
493. Stefano Schiavon
494. John Rosenberg and Diane Gerstler
495. Jil Geller
496. Laurene Wu McClain
497. Tami Rowen
498. Andrea Cohen
499. Michael TenBrink
500. Andy Hanauer
501. Lean and John Rosenthal
502. Patrice Ignelzi
503. Donna DeDiemar
504. Jim Jones
505. Ben Ringler
506. Alan Shindel
507. Karen Weinstein
508. David Ritvo
509. Rachel Bradley
510. Darya Kavitskaya
511. Denise Resnikoff
512. Jennifer Lewis
513. Rebekah Stern
514. Cassidy Kelly
515. Robert Bonem
516. Hagar Scher
517. Itamar Landau
518. Brian Rosenberg
519. Rachel Gita Schiff
520. Dmitriy Ryaboy
521. Ariel Lev
522. Noga Ravid
523. Isaac Turiel
524. Margery Eriksson and James Nelson
525. Judd Goodman
526. Gary Grimm
527. Sandy Curtis
528. Colleen Busch
529. Jean Weininger
530. Sherry Smith
531. Lauren Kubiak
532. Gretchen Brandt
533. Mona Bernstein
534. Emily Fox
535. Lisa Miller
536. Phyllis Steiber
537. Norman Postone
538. Iola Vollen
539. Jay Park
540. Fran Haselsteiner
541. Barbara Gilbert
542. Todd Andrew
543. Stephen Woodrow
544. Raphael Goldman
545. Nick and Emily Brod
546. Andrew Bestwick
547. Megan Hall
548. Eric Friedman
549. Ayelet Waldman
550. Peggy Orenstein
551. Michael Bauce
552. Melissa Chapman
553. Marvin Engel
554. Gabrielle Hazan
555. Jaclyn Phi
556. Arthur and Sheila Braufman
557. Luqman Saib
558. Rebecca Perlman
559. Peter Bruce DuMont
560. Chris Koenig
561. Summer Brenner
562. Ly Tran
563. Liberty Schubert
564. Noga Ravid
565. Barryett Enge
566. Leah Amzel
567. Talia Dixon
568. Ilana Pearlman
569. Kim Friedman
570. Mikelle Emanuel Shoham
571. Madeline Pignetti
572. Yoni Brenner
573. Chris Koenig (2)
574. Sommer Iqbal
575. Karina Sando
576. Bay Area Educators for Palenstine
577. Sally Nelson
578. Isaac Kaplan
579. Tammy Hardin
580. James Tabor
581. Shanna Baron
582. Tal Garner
583. Jason Spangenthal
584. Marcelo Vaz
585. Michael Solorio
586. Michelle Lessans
587. Maryum Styles
588. Michael Steinberg
589. Moni Law
590. Nora Shourd
591. Esther Brass
592. Hillary Kilmnik
593. Roy Elis
594. Shoshana Beary
595. Mark Brody
596. Jennifer Splansky Jester
597. Rachel Factor
598. Jamie Epstein
599. Sara Shendelman
600. Arbel Shemesh
601. Wynd Kaufmyn
602. Rebecca Soffer and Alberto Malvestio
603. Leah Amzel
604. Lindsay Vurek
605. Brett Mendel
606. Stacey Hara
607. Laila Stone
608. Deb Fink
609. Shani Stolero
610. David Davis
611. Mimi Schultz
612. Helmi Abdellatif
613. Kiara Bragg
614. Jaiden Feldman
615. Daniel Milutin
616. Paul Lee
617. Khalid Kishawi
618. Cheryl Davila (2)
619. Nritkaar Dhesi
620. Berkeley Federation of Teachers
621. Chloe Novak
622. Diana Bohn (2)
623. Amy Cummings
624. Russbumper (2)
625. 41 similarly-worded form letters - “Ceasfire Now”. (Letters are on file at the City Clerk’s Office)
626. 194 similarly-worded form letters - “Demand for the People”. (Letters are on file at the City Clerk’s Office)
627. 323 similarly-worded form letters – “Urgent Appeal”. (Letters are on file at the City Clerk’s Office)
628. 545 similarly-worded form letters – “Urgency Item”. (Letters are on file at the City Clerk’s Office)
629. 2091 similarly-worded form letters – “Vote No”. (Letters are on file at the City Clerk’s Office)