City Council Regular Meeting eAgenda May 6, 2025

REVISED AGENDA

(REVISED TO UPDATE THE TELECONFERENCE LOCATION)

Tuesday, May 6, 2025
6:00 PM

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

TELECONFERENCE LOCATION - 32581 VIA LOS SANTOS, SAN JUAN CAPISTRANO, CA 92675

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/1612529488.  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: 161 252 9488. 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.

1.  John Beaulaurier, Scientist and Community Advocate

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.-Adoption of CALFIRE Map and Additional Areas Designated as the City of Berkeley Fire Hazard Severity Zones
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,958-N.S. to designate Fire Hazard Severity Zones (FHSZ) within the Local Responsibility Area as recommended by the California Department of Forestry and Fire Protection (CALFIRE) pursuant to Government Code Section 51178.
First Reading Vote: All Ayes. 
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

2.-Re-Establishment of the Berkeley Tourism Business Improvement District
From: City Manager
Recommendation: 
1. Adopt a Resolution declaring the City Council’s intention to renew the Berkeley Tourism Business Improvement District (BTBID) for ten (10) years starting July 1, 2025, and directing the City Clerk to schedule a public meeting on June 3, 2025 and a public hearing on June 24, 2025 to renew the BTBID.

2. Adopt a Resolution declaring the City Council’s intention to modify the existing BTBID to end on June 30, 2025, shortening the existing BTBID’s term from ten (10) years to eight (8) years and directing the City Clerk to schedule a public hearing on June 24, 2025 on modification of the BTBID Management District Plan (Plan).

3. Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Visit Berkeley, the BTBID’s Owners’ Association and the City of Berkeley’s Convention and Visitor’s Bureau, for an amount not to exceed total Tourism BID collections for the term of the renewed BTBID, beginning on July 1, 2025 and concluding on June 30, 2035. 
Financial Implications: See report.
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

3.-Contract: Diablo Fire Safe Council for Home Hardening Donations
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Diablo Fire Safe Council (DFSC) to serve as the fiscal sponsor for donations that support home hardening work in Berkeley, particularly in its Fire Hazard Severity Zones, for a term of five years.
Financial Implications: See report.
Contact: David Sprague, Fire, (510) 981-3473

4.-Contract No. 32400192 Amendment: GovernmentJobs.com (dba NEOGOV) for Online Data Management Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32400192 with GovernmentJobs.com (dba NEOGOV) for online data management services including applicant tracking, onboarding, learning management, and performance management to extend the contract from May 16, 2025 to May 15, 2028 and increase the contract cap to $108,884 to cover the cost of three fiscal years. 
Financial Implications: General Fund and Training Fund - $108,884.79
Contact: Monica Walker, Human Resources, (510) 981-6800

5.-Reject All Bids and Re-Scope and Re-Bid the Work Associated with South Cove West Lot Repaving Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for South Cove West Lot Repaving Project, Specification No. 25-11687-C; 2. Rejecting all bids for the work associated with the South Cove West Lot Repaving Project (Bid Specification No. 25-11687-C); and 3. Authorizing the City Manager to direct staff to re-scope and re-bid the work associated with the South Cove West Lot Repaving Project. 
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

6.-Contract No. 32200042 Amendment: WCG, Inc. for Updates to the BESO Program’s Salesforce Software System
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200042 with WCG, Inc., to update the Building Emissions Saving Ordinance (BESO) program’s Salesforce software system, to implement amendments to BESO, for an additional amount of $100,000, for a total contract amount not to exceed $124,750, and extending the term through December 31, 2027. 
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

7.-Contract No. 117441-1 Amendment: Chrisp Company for Painting Red Curbs to Enhance Compliance with California’s Daylighting Law (Assembly Bill 413)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 117441-1 with Chrisp Company to paint red curbs at the approach to approximately 918 intersections to improve safety in compliance with California’s Daylighting Law (Assembly Bill 413, or AB 413). This contract amendment would increase the contract amount by $375,574, for a new contract amount not to exceed of $1,625,575.
Financial Implications: See report
Contact: Terrance Davis, Public Works, (510) 981-6300

8a.-Notice, tracking and enforcement of California SB 1343 sexual harassment prevention training for Berkeley private, public and non-profit employers and employees
From: Commission on the Status of Women
Recommendation: That Council refer to the City Manager to develop a procedure for all employers and employees doing business in Berkeley, whether public, private or nonprofit, to take the sexual harassment prevention online training as posted on the California Civil Rights Department website, conducted by a qualified trainer, as required by California SB 1343, on City premises and to provide certification of completion of training to be filed with the City.

That all employers doing business in Berkeley with 5 or more employees be provided with notice of the SB 1343 requirement to take sexual harassment prevention training every 2 years; the availability of free online training on the California Civil Rights Department website (formerly known as the California Department of Fair Employment and Housing) and the availability of the City of Berkeley online trainings if the employee is otherwise unable to access the online trainings.

That the City of Berkeley notice also advise each employer of the SB 1343 requirement to post a poster, in a prominent and accessible location, on discrimination in employment which includes the illegality of sexual harassment. That the notice advise employers that they can secure posters through the California Civil Rights Department or through the City of Berkeley.

That the City of Berkeley notice advise each employer that SB 1343 also requires that a poster on transgender rights, available through the California Civil Rights Department, also be posted in a prominent and accessible location in the workplace.

That the City of Berkeley secure sufficient copies of the California Civil Rights Department posters on sexual harassment and transgender rights and make them available upon request to employers requesting them.

That the City of Berkeley notice advise employers that the City of Berkeley requires them to produce documentation to the City of having otherwise taken and provided the training to employees by submitting written certification that they have taken the training as well as providing written certification from each employee who has taken the training as required by SB 1343.

That written certification provided by employers and employees who have otherwise taken the training must include the date the employer and employee took the training as required by SB 1343; the location where the training was otherwise taken; the mode of the training (live or video); and the name, address, phone number and e-mail address of the qualified trainer, under SB 1343, who provided the training. Each certification must be signed.

That the City of Berkeley maintain an online database of employer and employee compliance with SB 1343 with all the data as stated above recorded on the data base.

That the City of Berkeley send out notices to employers and employees if they are out of compliance with the SB 1343 requirement of taking initial sexual harassment trainings or periodic trainings after they have completed the initial training.

That the SB 1343 online training, provided by the City of Berkeley, be available in all the languages that the California Civil Rights Department free online training provides, that being Chinese, English, Korean, Spanish, Tagalog and Vietnamese.

That the City Manager refer to the City Attorney to develop a procedure as to how employer non-compliance should be addressed.

That the City Manager report back to Council with a progress report of the implementation of this notice and enforcement procedure, under SB 1343, no later than the first Council meeting to be held in January, 2025 and continue to provide reports to Council until this procedure is fully implemented. 
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000

8b.-Companion Report: Notice, tracking and enforcement of California SB 1343 sexual harassment prevention training for Berkeley private, public and non-profit employers and employees
From: City Manager
Recommendation: Since the City is already implementing and meeting the Commission’s recommendations for City employees, and enforcement of this law for non-City businesses for 5 or more employees is covered by the State of California’s Civil Rights Department and not within the City’s jurisdiction to enforce, no action on the commission’s recommendation is recommended.
Financial Implications: None
Contact: David White, City Manager's Office, (510) 981-7000

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.-Modification and Adoption of Berkeley Fire Code Local Amendments
From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion, adopt the second reading of Ordinance No. 7,959-N.S. which proposes to amend certain portions of Section 19.48.020 of the Berkeley Municipal Code (“Amendments to the California Fire Code”).
First Reading Vote: All Ayes. 
Financial Implications: Staff time
Contact: David Sprague, Fire, (510) 981-3473

10.-ZAB Appeal: 1048 Keith Avenue, Use Permit ZP2024-0014
Administrative Record
Presentation
From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion adopt a Resolution denying the appeal and affirming the Zoning Adjustment Board (ZAB) decision approving a Use Permit to demolish a 2,760 square-foot single-family dwelling, and construct a two-story (25 feet tall), 3,600 square-foot single-family dwelling. The project includes a reduction of the rear building setback from 20 feet to 15 feet, two unenclosed off-street parking spaces within the front setback, the construction of a trellis within the front setback, and the installation of a fence and retaining wall along the lot line. 
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400