City Council Regular Meeting eAgenda May 21, 2024

REVISED AGENDA

(REVISED TO REMOVE TELECONFERNECE LOCATION)

BERKELEY CITY COUNCIL MEETING

Tuesday, May 21, 2024
6:00 PM

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

Jesse Arreguin, Mayor

Councilmembers:

This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. 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/1604289924.  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

160 428 9924. 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.

Urgent Items

Budget Referral for the Berkeley Faith & Justice Coalition - Grassroots Leader Support Project
From: Councilmember Sophie Hahn
Recommendations: Refer to the FY 2025-2026 Budget Process up to $25,000 per FY (total of $50,000) to fund Phases 1 and 2 of the Berkeley Faith and Justice Coalition’s Grassroots Leader Support Project to establish ongoing support for grassroots leaders providing critical mentorship, development and support opportunities for African American and other potentially at-risk youth and young adults.
Financial Implications: See report
Contact: Councilmember Sophie Hahn, (510) 981-7150

Funding to Berkeley Public Schools Fund for “Graduation Sashes” for (Berkeley International High School) BIHS and the African American Studies Department Graduation Ceremonies - Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Ben Bartlett
Recommendations: Adopt a Resolution approving the expenditure of funds, including $1,000 from the discretionary Council Office Budget of Councilmember Ben Bartlett, to the Berkeley Public Schools Fund to procure “Graduation Sashes” for BIHS and the African American Studies Department Graduation Ceremonies. The funds will be relinquished to the City’s General Fund from the Discretionary Council Office Budget of Councilmember Ben Bartlett and the Discretionary Council Office Budgets of any other Councilmembers who would like to contribute.
Financial Implications: See report
Contact: Councilmember Ben Bartlett, (510) 981-7130

Excused Absence for Councilmember Terry Taplin
From: Mayor Jesse Arreguin
Recommendations: Excuse Councilmember Terry Taplin from the May 21, 2024 Council meeting as a result illness.
Financial Implications: None
Contact: Mayor Jesse Arreguín, (510) 981-7100

Consent Calendar

1.-Amending Berkeley Municipal Code Section 4.04.120(A) to rename the Legislative Assistant classification as Legislative Aide
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,904-N.S. amending Berkeley Municipal Code Section 4.04.120(A) to rename the Legislative Assistant classification as Legislative Aide.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

2.-Adding Chapter 13.22 to the Berkeley Municipal Code to prohibit discrimination on the basis of family or relationship structure
From: Councilmember Taplin (Author), Councilmember Cecilia Lunaparra (Co-Sponsor)
Recommendation: Adopt second reading of Ordinance No. 7,905-N.S. adding Chapter 13.22 to the Berkeley Municipal Code to prohibit discrimination on the basis of family or relationship structure.
First Reading Vote: All Ayes.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

3.-Notice of Appropriations Limit for Fiscal Year 2025
From: City Manager
Recommendation: Adopt a Resolution providing notice that: 1) Council will adopt an appropriations limit for Fiscal Year 2025 at its meeting of June 25, 2024; and 2) the amount of the limit and the background material used in its calculation will be available for public review in the City Clerk’s Office on or before June 10, 2024.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

5.-Contract: Social Policy Research Associates for YouthWorks Program Assessment
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments or extensions with Social Policy Research Associates for consulting services to conduct a comprehensive youth development needs assessment in an amount not to exceed $250,000 for the period June 1, 2024 through June 30, 2025.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

7.-Contract No. 6252 Amendment: Extending the Term and Assigning the Lease for Ocean View Gardens at 819 Hearst Avenue
From: City Manager
Recommendation: Adopt an Urgency Ordinance authorizing the City Manager to execute a second amendment to Contract No. 6252 for the real property located at 819 Hearst Avenue (alternative address at 813 Delaware Street), Berkeley, for the purposes of assigning the ground lease from the current owner, Ocean View LLC, to Orbach Affordable Housing Solutions (OAHS) Ocean View LP, and extending the ground lease term to June 30, 2089.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

8.-Grant Application: The Surrendered and Abandoned Vessel Exchange (SAVE) grant program of the California Division of Boating & Waterways
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to 1) apply for and accept a grant in the amount of $76,000 from the California Division of Boating & Waterways (“DBW”) Surrendered and Abandoned Vessel Exchange (SAVE) grant program for the removal and disposal of anticipated abandoned vessels located at the Berkeley Marina; 2) execute any amendments; and 3) authorize a local match contribution of $7,600, subject to securing the grant.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

9.-Leave of Absence Requests: Environment & Climate Youth Commissioners
From: City Manager
Recommendation: Approve Leaves of Absence for Environment & Climate Youth Commissioners Mabel Athanasiou and Shanza Syed for the Commission meeting dates June 26, 2024 and July 24, 2024.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

10.-Contract: Online Solutions, LLC (DBA Citizenserve) for Housing Inspection and Code Enforcement Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Online Solutions, LLC (DBA Citizenserve) for software licensing, implementation, maintenance and related services for housing inspection and code enforcement software, for an amount not to exceed $622,215, from June 17, 2024 through June 16, 2029.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

11.-Contract: Raimi + Associates for Professional Planning Services for the North Shattuck, College and Solano Avenue Corridors Zoning Update
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Raimi + Associates to perform professional planning services for the North Shattuck, College, and Solano Avenues Corridors Zoning Update, in an amount not to exceed $600,000, for the period of June 6, 2024 to Dec 31, 2026.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

12.-Contract No. 32300103 Amendment: Bay Area PL Services of On-call Phlebotomy and Sexual Assault Exams
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32300103 and any necessary future amendments with Bay Area PL Services for the Berkeley Police Department, increasing the contract amount by $150,000 for a total not to exceed amount of $200,000 with the contract end date extended to December 31, 2028.
Financial Implications: State Citizens Option for Public Safety Fund - $150,000
Contact: Jennifer Louis, Police, (510) 981-5900

13.-Declaration of Intent – Fiscal Year 2025 Street Lighting Assessments
From: City Manager
Recommendation: Adopt two Resolutions granting the City Manager the authority to: Approve the Engineer's Reports; Set a public hearing to be held before the Council of the City of Berkeley at its June 25, 2024, meeting; and Authorize the City Clerk to publish a Notice of the Public Hearing for Fiscal Year 2025 Levy of Assessments for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District 2018.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

14.-Develop a pilot program for 5-10 Seriously Mentally Ill (SMI) persons who have required frequent interventions
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor)
Recommendation: Direct the City Manager to develop a pilot program for 5-10 Seriously Mentally Ill (SMI) persons who have required frequent interventions; aim is to improve their well-being and prevent or dramatically reduce calls for service; the pilot would implement a “friendship or care team” for each as described below to build trust, support, address loneliness; teams would be staffed with existing contracted outreach providers; teams would keep a brief daily log of their experience and calls for service would be tracked; pilot to be evaluated and report back to Council quarterly to determine efficacy.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

15.-Amendment to Commissioner Leave of Absence Process
From: Mayor Arreguin (Author)
Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code Section 3.02 to allow the Mayor to approve a Leave of Absence for a Commissioner appointed by the Council as a whole.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

17.-Relinquishment of Council Office Budget Funds to the Berkeley Rotary Endowment and Co-Sponsorship of 2024 Taste of Downtown Berkeley Event
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation: Adopt two resolutions to authorize the co-sponsorship and expenditure of $500 from Mayor Arreguin’s discretionary office budget to the Berkeley Rotary Endowment to support the second annual Taste of Downtown Berkeley event.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

20.-Speed Bump Installation on Russell St at King Street (South Berkeley)
From: Councilmember Bartlett (Author)
Recommendation: Refer to the City Manager to analyze the potential for the installation of a speed bump on Russell St. at King St. (South Berkeley), to improve the public space to increase safety for pedestrians, cyclists, and people living with disabilities, while also meeting the needs of public transit and emergency vehicles. The analysis should prioritize speed bump installation that reduces injuries and accidents in the street and creates many benefits for our community. It should also consider other items listed by members of the community.
Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

-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.

-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.

21.-Fiscal Years 2025 and 2026 Proposed Budget and Proposed Budget Public Hearing #1
Supplemental material (Supp 2)
Presentation
From: City Manager
Recommendation: Accept the Fiscal Years 2025 and 2026 Proposed Biennial Budget for review and consideration by the City Council and final adoption on June 25, 2024 and conduct Public Hearing #1 on the Fiscal Years 2025 and 2026 Proposed Budget.
Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

23.-Fee Increase: Senior Center Facility Rental Security Deposit
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution raising the senior center rental facility's security deposit from $350 to $500, a total increase of $150.
Financial Implications: See report
Contact: Scott Gilman, Health, Housing, and Community Services, (510) 981-5400

24.-Selected Sports Field Fee Increases
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving new fees for select sports field fees; and rescinding Resolution No. 70,869-N.S. and all amendatory resolutions.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

25.-Changes to the Planning Department Fee Schedule
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution: 1. Approving revisions to the fee schedule for the Planning and Development Department effective July 1, 2024, to increase the hourly rate for staff time in all divisions of the department to $250 per hour, to set fees for the new Building and Safety Division permits and processes, to create a new Land Use Planning application fee and offset those costs through reductions in discretionary permit fees, to increase the annual fees of the Rental Housing Safety Program, and to update various other fee rates and make minor clarifications to the existing fee schedule; and 2. Rescinding Resolution No. 67,985-N.S.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

26.-Audit Recommendation Status - Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900

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.

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.