City Council Regular Meeting eAgenda March 18, 2025

REVISED AGENDA

(REVISED TO ADD A TELECONFERENCE LOCATION)

BERKELEY CITY COUNCIL MEETING

Tuesday, March 18, 2025
6:00 PM

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

TELECONFERENCE LOCATION - 181 WELLINGTON STREET W, TORONTO, ON

M5V 0A1, CANADA

TELECONFERENCE LOCATION - 2928 LINDEN AVENUE, BERKELEY, CA 94705

Adena Ishii, Mayor

Councilmembers:

This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. Live captioned broadcasts of Council meetings are available on B-TV (Channel 33) and via internet video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244. All Council meetings are recorded.

To access the meeting remotely use this URL: https://cityofberkeley-info.zoomgov.com/j/1609781710.  To request to speak, use the “raise hand” function in Zoom. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 978 1710. To provide public comment, Press *9 and wait to be recognized by the Chair. To submit a written communication for the public record, email council@berkeleyca.gov.

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

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

Government Code Section 84308 (Levine Act) - Parties to a proceeding involving a license, permit, or other entitlement for use are required to disclose if they made contributions over $500 within the prior 12 months to any City employee or officer. Parties and participants with a financial interest are prohibited from making more than $500 in contributions to a decisionmaker for the 12 months after the final decision is rendered on the proceeding. The above contribution disclosures and restrictions do not apply when the proceeding is competitively bid, or involves a personnel or labor contract. For more information, see Government Code Section 84308.

Preliminary Matters

Roll Call:

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

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

City Manager Comments:  The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

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

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

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

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

Consent Calendar

-The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action. Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

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

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

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

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

Consent Calendar

1.-Contract No. 31900122-1 Amendment: Rolling Orange, Inc. for Website Maintenance and Support
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900122-1 with Rolling Orange, Inc. for additional website maintenance and support for an amount not-to-exceed $120,000 and a total contract value not-to-exceed $794,300 from March 1, 2019 to June 30, 2027. 
Financial Implications: IT Cost Allocation Fund - $120,000
Contact: Kevin Fong, Information Technology, (510) 981-6500

2.-Contract: Pride Industries for Citywide Custodial Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a three-year contract and any amendments with Pride Industries to provide Citywide Custodial Services at various City facilities and locations, twenty-one (21) in total, from April 1, 2025, to March 31, 2028, for a total not to exceed of $5,500,000, with an option of two (2) one-year extensions for a maximum term of five (5) years. 
Financial Implications: Various Funds - $5,500,000
Contact: Terrance Davis, Public Works, (510) 981-6300

3.-Contract: SubTerra Construction, Inc. for Adeline St, Shattuck Ave., Oxford St., Fulton St., University Ave., Kala Bagai Way, and Woolsey St.; Sewer Rehabilitation Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Sanitary Sewer Project, located on Adeline St., Shattuck Ave., Oxford St., Fulton St., University Ave., Kala Bagai Way, and Woolsey St.; 2. Accepting the bid of the lowest responsive and responsible bidder, SubTerra Construction, Inc.; 3. Authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $8,962,808, which includes a 10% contingency of $814,800; and 4. Authorizing the City Manager to execute reimbursement contracts with the University of California ($210,000), Addison Labs Foundation (a 501.c.3 organization, $120,000), and Core Spaces ($120,000). 
Financial Implications: Sanitary Sewer Fund - $8,962,808
Contact: Terrance Davis, Public Works, (510) 981-6300

4.-Contract No. 32400141 Amendment: Mercury Associates, Inc. for Fleet Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400141 with Mercury Associates, Inc. to complete a right sizing study and provide fleet consulting services. This amendment increases the contract amount by $100,000, for a new total amount not to exceed of $225,000 for the current contract period of December 1, 2023, through December 30, 2026. 
Financial Implications: Various Funds - $100,000
Contact: Terrance Davis, Public Works, (510) 981-6300

5.-Contract: APB General Engineering for Urgent Sewer Repair FY2025 Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Urgent Sewer Repair FY2025 Project; 2. Accepting the bid of the lowest responsive and responsible bidder, APB General Engineering; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $470,910, which includes a 10% contingency of $42,810. 
Financial Implications: Sanitary Sewer Fund - $470,910
Contact: Terrance Davis, Public Works, (510) 981-6300

6.-Fiscal Year 2026 Street Lighting Assessments – Initiating Proceedings
From: City Manager
Recommendation: Adopt two Resolutions describing proposed improvements to be used to determine the annual assessments levied for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District No. 2018, and ordering the preparation of Engineer’s Reports. 
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

7.-Establishing a Measure FF SAFE STREETS Citizen Oversight Committee
From: City Manager
Recommendation: Adopt a Resolution: 1. Establishing a SAFE STREETS Citizen Oversight Committee (SSCOC) to review expenditures and progress reports from the City Manager and City Auditor to ensure compliance with the intent of Measure FF, passed by voters on November 5, 2024, evaluating the impacts and outcomes of tax expenditures on stated goals and prepare public reports on the Committee’s findings; and 2. Authorizing the City Manager to further implement Section 7.11.040 of City Ordinance 7,952-N.S, to ensure compliance with all requirements. 
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

Council Consent Items

8.-California Triathlon Club: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Lunaparra (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Lunaparra’s discretionary fund  and funds from any other Councilmembers who would like to contribute to the California Triathlon Club (Cal Tri) for the Fall 2025 Bearathlon Triathlon event with funds relinquished to the City’s general fund for this purpose. 
Financial Implications: Councilmember's Discretionary Fund - $500
Contact: Cecilia Lunaparra, Councilmember, District 7, (510) 981-7170

Action Calendar

-The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during the Action Calendar public comment period on the item

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

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

The Presiding Officer may open and close an additional comment period for Action items on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters), at the start of the Action Calendar. Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

Action Calendar – Public Hearings

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

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

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

9.-2024 Local Hazard Mitigation Plan (LHMP)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution adopting the 2024 Local Hazard Mitigation Plan (LHMP) and amending the General Plan to incorporate the 2024 LHMP. 
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

Action Calendar - New Business

10.-Formation of a Sex Trafficking Task Force to Address Current Sex Trafficking in Berkeley (Reviewed by Health, Life Enrichment, Equity & Community Policy Committee)
From: Commission on the Status of Women
Recommendation:
To recommend to Council to refer to the City Manager to form a sex trafficking task force. The Task Force’s objective shall be two-fold: to develop recommendations of sex trafficking prevention strategies to be implemented including through social media and to provide recommendations for supports for women and girls seeking to exit sex trafficking.
That the Task Force be comprised as follows: 2 members of the Commission on the Status of Women (1 of whom will be a UC Berkeley student); 1-2 members of the Berkeley Police Department formerly or currently working on this issue in Berkeley as determined by the Berkeley Police Department; 2 members of the 2x2 Committee (1 of whom shall be a Councilmember and 1 of whom shall be a School Board member); 1 member of the City of Berkeley Youth Commission who is a Berkeley High School student; 1 person with knowledge and expertise in sex trafficking, prevention and resources, that person unidentified with a Berkeley City-funded agency so as to avoid any potential conflict of interest in the recommendations; 1 woman with a history of having been sex-trafficked (a stipend is recommended for that member of the Task Force); and 1 person with expertise in workplace development and related economic resources.
Policy Committee Recommendation: No final action taken. Item is automatically returning to Council agenda pursuant to the time limit for items referred to policy committees. 
Financial Implications: See report
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100

11.-Revised External Fixed Surveillance Camera Locations and Vendor Transition
From: City Manager
Recommendation: We recommend Council approve a Resolution authorizing the City Manager to begin the Surveillance Technology Ordinance (STO) process with a proposal to transition the External Fixed Video Surveillance Camera program from Edgeworth Integration, LLC to Flock Safety. This proposal also reallocates camera placements away from corridors already served by the ALPR system and positions them in areas with high pedestrian traffic. The change addresses installation challenges such as PGE power limitations and Caltrans right-of-way delays and strengthens the City's ability to respond to and investigate crime. We recommend that the resolution authorize the City Manager to execute all necessary actions to implement this transition in compliance with applicable ordinances and policies. We also recommend that Council provide authorization as required by the STO to the City Manager to seek available grant funding for surveillance cameras.
The proposed camera placements result from a detailed review of key factors. We identified locations where monitoring would capture individuals entering or exiting areas of heavy pedestrian traffic. Analysis of crime trends and retail theft data revealed zones that would benefit most from surveillance. Local feedback from business districts and community meetings also indicated specific areas of concern. These considerations have led us to propose camera sites adjacent to key intersections: - Center / MLK; - College / Ashby; - Milvia / Alston; - 9th / Gilman; - Center / Shattuck; - Solano / Colusa; - University / Shattuck; - 4th / Hearst; - Cedar / Shattuck; - Adeline / Fairview; - Durant / Telegraph; - Shattuck / Ashby; - 4th / Virginia; - 62rd / King; - University / MLK; - College / Alcatraz.
In the case that additional funding becomes available and/or Council wishes to authorize more locations, we propose additional camera sites adjacent to these intersections: Ashby / Domingo, Ashby / San Pablo, Ashby / 6th and University / San Pablo. 
This revision responds to two main issues. First, camera placements along Ashby and San Pablo will encounter delays due to Caltrans right-of-way challenges and Edgeworth cameras have electricity requirements that cannot be accommodated within our flat-rate contracts for traffic signals with PGE, and installing a dedicated meter would be prohibitively expensive. These challenges render the installation of Edgeworth cameras unfeasible. Second, the widespread deployment of ALPRs now covers vehicle movements, which makes the previously approved locations redundant. The new approach concentrates on high-foot-traffic areas that promise improved evidence collection during incidents. 
Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900