City Council Regular Meeting eAgenda May 7, 2024

AGENDA

BERKELEY CITY COUNCIL MEETING

Tuesday, May 7, 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/1602251843 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: 160 225 1843 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.

1. Update on the Implementation of the BINDEX for equitable contracting

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.

Recess Items

1.-Contract: Health Officer Coverage
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to execute a contract with Dr. Lisa Hernandez for Health Officer services during periods when the City Health Officer is out of the office for the period April 1, 2024 through April 1, 2026 in an amount not to exceed $30,000.
Financial Implications: See report
Contact: Tanya Bustamante, Health, Housing, and Community Services, (510) 981-5400

2.-Purchase Order: SHI for KnowBe4 Products and Services
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during Spring Recess for the approval and authorization to execute a purchase order in the amount of $135,189 with SHI for continued use of KnowBe4 cybersecurity content, products and tools.
Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

3.-Contract Amendments: As-needed Trees Services with Bay Area Tree, Hamilton Tree, Professional Tree, and West Coast Arborist
From: City Manager
Recommendation: Adopt four Resolutions ratifying the action taken by the City Manager during recess  authorizing the City Manager to amend contracts with Bay Area Tree Specialists (31900202), Hamilton Tree Service (31900193), Professional Tree Care (31900212), and West Coast Arborists (31900218), for as-needed tree services, increasing the amount by $500,000 each and extending the terms to May 28, 2026.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

4.-Contract: School Foodies for Summer Food Service Program
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess authorizing the City Manager to execute a one (1) year contract and any amendments with School Foodies to provide lunches and afternoon snacks to Berkeley youth for the City’s Summer Food Service Program for a total amount not to exceed $95,000, for the period of June 1, 2024 through May 31, 2025, with up to four (4) additional one-year extensions not to exceed $95,000 each year, contingent upon the availability of State funding, for a total contract amount not to exceed $475,000.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

5.-Construction Contract: THE DUTRA GROUP for the Docks D & E Replacement Project at the Berkeley Marina
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess: 1. Approving the plans and specifications for the Berkeley Marina Docks D & E Replacement Project (Bid Specification No. 24-11633-C); and 2. Accepting the bid of THE DUTRA GROUP as the lowest responsive and responsible bidder on the Project; 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, with THE DUTRA GROUP, for the Berkeley Marina Docks D & E Replacement Project, in an amount not to exceed $8,593,200, which includes a contract amount consisting of base bid of $7,812,000 and a 10% contingency in the amount of $781,200.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

6.-Contract No. 32300187 Amendment: First Serve Productions for Additional Sport Court Repair and Resurfacing
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess, authorizing the City Manager to amend contract no. 32300187 with First Serve Productions for additional sport court repair and resurfacing at City parks by increasing the construction contract amount by $198,000 for a not-to-exceed amount of $374,669.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

7.-Construction Contract: THE DUTRA GROUP for the Berkeley Marina Dredging Project
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess: 1. Approving the plans and specifications for the Berkeley Marina Dredging Project (Bid Specification No. 24-11644-C); and 2. Accepting the bid of THE DUTRA GROUP as the lowest responsive and responsible bidder on the Project; 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, with THE DUTRA GROUP, for the Berkeley Marina Dredging Project, in an amount not to exceed $4,843,566, which includes a contract amount consisting of base bid of $4,612,920 and a 5% contingency in the amount of $230,646.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Consent Calendar

8.-Reform the Human Welfare and Community Action Commission by amending rules regarding the Commission’s composition, number of members, filling of vacancies, election of low-income representatives, enumerated functions, and other changes
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,902-N.S. to reform the Human Welfare and Community Action Commission (HWCAC).

First Reading Vote: Vote: Ayes – Taplin, Bartlett, Hahn, Wengraf, Humbert, Arreguin; Noes - Kesarwani.
Financial Implications: See report
Contact: Margot Ernst, Health, Housing, and Community Services, (510) 981-5400

9.-Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of March 7, 2024 (closed), March 12, 2024 (special, special, regular and closed), March 18, 2024 (closed), March 19, 2024 (regular) and March 26, 2024 (closed and regular)
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900

11.-Ballot Measure Increasing the City’s Appropriation Limit to Allow Expenditure of Tax Proceeds for Fiscal Years 2025 through 2028
From: City Manager
Recommendation:
1. Adopt a Resolution placing the attached measure to increase the City’s appropriation limit on the ballot at the November 5, 2024 General Municipal Election. 2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.
Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900, Henry Oyekanmi, Finance, (510) 981-7300

12.-Designate Ballot Measure Argument Authors – Initiative Ordinance Prohibiting Concentrated Animal Feeding Operations
From: City Manager
Recommendation: Designate, by motion, specific members of the City Council to file ballot measure arguments as provided for in Elections Code Section 9282, on the Initiative Ordinance Prohibiting Concentrated Animal Feeding Operations on the ballot for the November 5, 2024 General Municipal Election.
Financial Implications: No direct fiscal impacts
Contact: Mark Numainville, City Clerk, (510) 981-6900

13.-Contract No. 117569-1 Amendment: Animal Fix Clinic (formerly Fix Our Ferals) for Spay and Neuter Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 117569-1 with Animal Fix Clinic (formerly Fix Our Ferals) to provide no-cost spay and neuter surgeries to eligible pet owners and shelter animals for FY 2024, increasing the contract amount by $25,000 for a new total contract amount not to exceed $127,218.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000

14.-Returning Funding from University of California, Berkeley for Rodeway Inn for Winter Shelter
From: City Manager
Recommendation: Adopt a Resolution returning the unspent portion (totaling $400,140.17) of a $2,200,000 donation from the University of California, Berkeley, previously accepted by the Council on April 26, 2022 for the Rodeway Inn shelter.
Financial Implications: Approving this recommendation will result an expenditure of $400,140.17 in funding from the One-Time Grant: No Capital Expenditures Fund (Fund 336).
Contact: Peter Radu, City Manager's Office, (510) 981-7000

15.-Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on May 7, 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: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

16.-Contract: As-Needed Hazardous Fire Fuel Treatment  with California Tree Solutions, Mountain Enterprises Inc., Small World Tree Co., and Bay Area Tree Specialists
From: City Manager
Recommendation: Adopt four Resolutions authorizing the City Manager or her designee to execute the following contracts and any amendments for As-Needed Hazardous Fire Fuel Treatment and removal from May 18, 2024, to May 17, 2028, for a total cumulative amount not to exceed $4,000,000.

1. California Tree Solutions in the amount of $1,000,000;

2. Mountain Enterprises Inc.in the amount of $1,000,000;

3.  Small World Tree Co. in the amount of $1,000,000; and

4. Bay Area Tree Specialists in the amount of $1,000,000.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

17.-Grant Application: Funding from the Federal Emergency Management Agency (FEMA) to hire additional firefighters to meet NFPA 1710 standards and recommendations from the City Gate, LLC Standards of Coverage and Community Risk Assessment
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the Federal Emergency Management Agency (FEMA) for up to $7,703,926.83 with no matching city funds to hire nine additional firefighters to help the City meet the National Fire Protection Association (NFPA) 1710 Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments and to partially accomplish one of the recommendations from the City Gate, LLC Standards of Coverage and Community Risk Assessment.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

18.-Contract: Marin SB Advisor LLC for Chipper Day Program Management
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Marin SB Advisor LLC to provide program management for Berkeley Chipper Day from June 1, 2024 until May 31, 2027 in an amount not to exceed $213,000 with an option to extend for an additional three (3) years for $250,000, making initial term plus extension not to exceed $463,000.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

19.-Modification and Adoption of Berkeley Fire Code Local Amendments and Incorporation of California Intervening Code Adoption Cycle Amendments Based on the 2022 California Fire Code
From: City Manager
Recommendation:
1. Adopt the first reading of an Ordinance which proposes to amend certain portions of Section 19.48.020 of the Berkeley Municipal Code (“Amendments to the California Fire Code”);
2. Adopt a Resolution setting forth findings as to local conditions applicable to the revised portions of Section 19.48.020 that require more stringent building standards than those provided by the 2022 California Fire Code (“CFC”) with intervening code adoption cycle amendments, and amending Resolution number 70,611–N.S.;
3. In compliance with state law on adopting such codes by reference, hold a public hearing following the first reading, and before the second reading, and schedule the second reading and public hearing for June 4, 2024.
Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

20.-Contract No. 32300108 Second Amendment: Street Level Advisors, LLC for Housing Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a second amendment to Contract No. 32300108 with Street Level Advisors, LLC increasing the contract by $100,000 for consulting services in a total amount not to exceed $199,500, with a contract end date of June 30, 2025.
Financial Implications: See report
Contact: Tanya Bustamante, Health, Housing, and Community Services, (510) 981-5400

21.-Contract: The Labor Compliance Managers for Labor Compliance Consultant for the HARD HATS Ordinance

From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with The Labor Compliance Managers (TLCM) to develop a comprehensive program for enforcing the provisions of the HARD HATS Ordinance for the Department of Health, Housing, and Community Services (HHCS) from August 1, 2024 to July 31, 2027, in an amount not to exceed $150,000.
Financial Implications: See report
Contact: Tanya Bustamante, Health, Housing, and Community Services, (510) 981-5400

22.-Contract No. 32300144 Amendment: Resource Development Associates for Specialized Care Unit Evaluation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to amend Contract No. 32300144 with Resource Development Associates (RDA) to add $15,000 for a not-to-exceed total contract amount of $250,000.
Financial Implications: See report
Contact: Tanya Bustamante, Health, Housing, and Community Services, (510) 981-5400

23.-Contract No. 32200191 Amendment: Options Recovery Services for Substance Use Disorder Services Co-location
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32200191 with Options Recovery Services (Options) for Substance Use Disorder (SUD) services for a total contract limit of $500,000 for the period beginning January 1, 2022 and ending June 30, 2025, to extend their current co-located SUD services at the Berkeley Mental Health Adult Services Clinic. This amendment will add $250,000 in funding and two years to the existing contract term.
Financial Implications: See report
Contact: Tanya Bustamante, Health, Housing, and Community Services, (510) 981-5400

24.-Contract: City Data Services for Streamlined Community Agency Contract Administration and Monitoring
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to enter into a contract with City Data Services (CDS) to provide continued online data management systems to the Health, Housing and Community Services Department (HHCS) from July 1, 2024 through June 30, 2028, and authorizing the City Manager or her designee to extend the contract and execute any amendments with CDS for ongoing maintenance of the community agency online applications and reporting systems for an annual service fee of $41,520 for a total contract not to exceed amount of $166,080.
Financial Implications: See report
Contact: Tanya Bustamante, Health, Housing, and Community Services, (510) 981-5400

25.-Revenue Grant Agreements: Funding Support from the State of California and Alameda County to Conduct Public Health Services
From: City Manager
Recommendation: Adopt four Resolutions authorizing the City Manager or her designee to submit grant agreements to the California Department of Public Health (CDPH) and Alameda County, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following four revenue agreements:
1. HIV/AIDS Surveillance in the projected amount of $25,701 each year for Fiscal Years (FY) 2025 through 2029 for a total of $128,505 from CDPH.
2. Sexually Transmitted Infection (STI) Prevention and Collaboration in the projected amount of $13,625 each year for FY 2025 through 2026 for a total of $27,250 from CDPH.
3. Tuberculosis (TB) Prevention and Control in the projected amount of $35,197 for FY 2025 from CDPH.
4. Public Health Infrastructure Program in the projected amount of $32,080 for FY 2025 from Alameda County.
Financial Implications: See report
Contact: Tanya Bustamante, Health, Housing, and Community Services, (510) 981-5400

26.-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 $275,000 of funding from the State of California’s Crisis Care Mobile Units (CCMU) grant for a total not-to-exceed contract amount of $4,845,500.
Financial Implications: See report
Contact: Tanya Bustamante, Health, Housing, and Community Services, (510) 981-5400

27.-2023 Fee Assessment – State of California Self-Insurance Fund (Workers’ Compensation Program)
From: City Manager
Recommendation: Adopt a Resolution authorizing payment to the State of California Department of Industrial Relations for Fiscal Year 2022-2023 for administering the Workers’ Compensation Program, in an amount not to exceed $240,397.76.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

28.-Legislative Aide Class Specifications and Salary Range
From: City Manager
Recommendation: Adopt (1) first reading of an Ordinance amending Berkeley Municipal Code Section 4.04.120(A) to rename the Legislative Assistant classification as Legislative Aide; (2) a resolution authorizing amendments to all pertinent City documents to effectuate the classification name change, approving job specifications and a new salary range for the renamed classification, and approving terms negotiated with SEIU Local 1021 - CSU & PTRLA regarding advancement along the new salary range for the renamed classification.
Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

29.-Contract: Catalis Public Works and Citizen Engagement, LLC for New Community Relationship Management (CRM) System
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Catalis Public Works and Citizen Engagement, LLC (Catalis) for software hosting, implementation, maintenance, and related services for a new Community Relationship Management system, for an amount not to exceed $500,000 for the period commencing on June 1, 2024 through June 30, 2029.
Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

30.-Contract No. 32000188 Amendment: GSI Environmental Inc. for On-Call Environmental Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000188 with GSI Environmental Inc. for on-call environmental consulting services to increase the contract amount by $200,000 for a new not to exceed amount of $425,000 and extend the contract term from June 30, 2025 to June 30, 2027.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

31.-Donation from the Friends of the Rose Garden/Berkeley Partners For Parks for the Berkeley Rose Garden
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation from the Friends of the Rose Garden/Berkeley Partners For Parks in the amount of up to $10,000 to purchase roses and perform maintenance at the Berkeley Rose Garden.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

32.-Contract No. 32200098 Amendment: ERA Construction, Inc. for O & K Docks Electrical Upgrades Project
From: City Manager
Recommendation: Adopt a resolution authorizing the City Manager to execute an amendment to Contract No. 32200098 with ERA Construction, Inc. for the O & K Docks Electrical Upgrades Project, increasing the amount by $129,000 for an amended total amount not to exceed $1,467,000.
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

33a.-Achieving Goals of 2018 Berkeley Age-Friendly Action Plan
From: Commission on Aging
Recommendation: Refer to the City Manager steps to revisit and act on the recommendations of the Berkeley Age-Friendly Action Plan as outlined in the report, by building on what is already occurring in the community, expanding the Plan’s impact, and addressing gaps by increasing funding for personnel and other services currently being offered, as well as others identified in the Age-Friendly Plan.
The Aging Commission identified as first steps four (4) priority areas and goals for the Action Plan:
1. Housing and Economic Security: Develop a continuum of affordable, accessible housing options for older adults to age in their community regardless of their health or financial status.
2. Transportation and Mobility: Advance a network of public and private transportation (including transit, assistive devices, e-bikes and e-scooters and bicycling and walking) that equitably serves residents and connects them to services, social activities, and employment opportunities.
3. Health and Wellness: Develop a more integrated system of services and supports that is person-centered and ensures that all residents have the opportunity to engage in health promoting activities.
4. Social Participation and Civic Engagement: Enhance neighborhood cohesion and social connectedness of all Berkeley residents with community events and activities that are inclusive, affordable, and accessible.
In the short term, the Commission recommends that these plans should include a budget referral to the City Manager for consideration in the biennial budget process.
Financial Implications: See report
Contact: Darleen Bronson, Commission Secretary, (510) 981-5400

33b.-Companion Report: Achieving Goals of 2018 Berkeley Age-Friendly Action Plan
From: City Manager
Recommendation: Refer to the City Manager to review and prioritize the recommendations of the City of Berkeley’s Age-Friendly Action Plan, in conjunction with the results of the Community Health Assessment that will be conducted by the Health, Housing, and Community Services Department in the 2024 calendar year. In addition, to consider the following referrals:
1. Refer to the Transportation Commission to collaborate with the Commission on Aging to assess the equitable accessibility of public transportation options for the older adult and disabled community in Berkeley
2. Refer to Housing Advisory Commission to collaborate with staff to assess the level of affordable, accessible housing options for older adults to age in the Berkeley community.
3. Refer the Commission on Aging’s request for increased funding to the Budget and Finance Policy Committees for further deliberation.
Financial Implications: See report
Contact: Tanya Bustamante, Health, Housing, and Community Services, (510) 981-5400

34.-Support the Fire Department to Fund a Program Manager II Position
Revised material (Supp 1)
From: Disaster and Fire Safety Commission
Recommendation: The Disaster and Fire Safety Commission (DFSC) supports the request by the Fire Department to fund a Program Manager II.
Financial Implications: See report
Contact: Keith May, Commission Secretary, (510) 981-3473

35.-Use of Measure FF to Support Understory Mitigation
From: Disaster and Fire Safety Commission
Recommendation: That the Berkeley City Council pass a resolution to support the Fire Department in using Measure FF funds to conduct one-time eucalyptus understory clean-ups on select, participating private properties within the City.
Financial Implications: See report
Contact: Keith May, Commission Secretary, (510) 981-3473

Council Consent Items

36.-Budget Referral: $70,000 to the FY 2025-2026 Budget Process for Supply Bank School Supply Distribution
From: Mayor Arreguin (Author)
Recommendation: Refer to the FY 2025-2026 budget process $70,000 for Supply Bank ($35k for each fiscal year) to support their services in providing essential school supplies to Berkeley families.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

37.-Budget Referral: Replenishing Business Damage Mitigation Fund
From: Mayor Arreguin (Author)
Recommendation: Refer to the Fiscal Year (FY) 2025-2026 Budget Process $50,000 to replenish the business damage mitigation fund providing one-time grants to small businesses who experience property damage due to vandalism and other problematic behavior.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

38.-Budget Referral: Cesar Chavez Solar Calendar Maintenance
From: Mayor Arreguin (Author)
Recommendation: Refer to the Fiscal Year (FY) 2025-2026 budget process to allocate $10,000 to the Kala Art Institute, the fiscal sponsor for the Chavez/Huerta Tribute Site, for the continued purpose of employing grounds keepers and providing the resources needed for the maintenance of the Cesar Chavez/Dolores Huerta Solar Calendar Site until May/June 2026.
Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

39.-Budget Referral: SafeCity Connect Downtown Berkeley Pilot Program
From: Councilmember Taplin (Author)
Recommendation: Refer to the budget process $320,000 to fund a two-year public-private security camera program between SafeCity Connect (SafeCity) and the Downtown Berkeley Property-based Business Improvement District (PBID) for ten (10) locations. This public-private partnership will develop performance and compliance metrics pursuant to the City of Berkeley’s Surveillance Ordinance, report on metrics regarding criminal activity clearance rates, deterrence and reduction of criminal activity, and develop privacy and transparency protocols to govern the management and implementation of its camera program.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

40.-Waterside Workshops Emergency Recovery Grant
From: Councilmember Taplin (Author)
Recommendation: Refer to the budget process $82,000 to Waterside Workshops to support youth enrichment and climate resilience programs following revenue losses due to construction and street closures on Bolivar Drive.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

41.-Relationship Nondiscrimination Ordinance
From: Councilmember Taplin (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Humbert (Co-Sponsor)
Recommendation: Adopt first reading of an Ordinance amending the Berkeley Municipal Code to include non-discrimination protections based on family and relationship structure.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

42.-Budget Referral: Berkeley Junior Jackets Capacity-Building Grant
From: Councilmember Taplin (Author)
Recommendation: Refer to the Fiscal Year 2025-2026 biennial budget process $300,000 to provide Young Lives Matter Foundation, Inc. with funding for two years of operating costs for the Berkeley Junior Jackets Football and Cheer youth sports program, and to develop longer-term sustainability and growth plans for the organization. 
Direct the City Manager to evaluate organizational capacity and strategic planning supported by this funding on a rolling basis consistent with Reimagining Public Safety and Gun Violence Prevention program implementation.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

43.-Budget Referral: Vision Zero Rapid Response on Bicycle Boulevards
From: Councilmember Taplin (Author), Councilmember Humbert (Co-Sponsor)
Recommendation:
1. Refer to the City Manager to incorporate the City of Oakland's Neighborhood Bike Route Implementation Guide for all Bicycle Boulevards designated in the City of Berkeley's Bicycle Plan, pursuant to the City's Vision Zero Action Plan, Complete Streets Policy, and other applicable policies and plans; and to prioritize proactive and retroactive implementation of standards on Bicycle Boulevards in response to recent traffic collisions, with consideration for quick-build interventions that can be removed, modified or made permanent to advance Vision Zero Action Plan goals.
2. Refer to the Fiscal Year 2025-2026 biennial budget process $200,000 for a Pilot implementation of Neighborhood Bikeway standards and Complete Streets interventions on Heinz Avenue and the intersection with Seventh Street, and prioritizing implementation on Bicycle Boulevards on High Injury Streets and/or the Equity Priority Area, considering any and all possible interventions to eliminate the risk of severe and fatal collisions such as: centerline hardening, quick-build pedestrian safety zones, curb extensions, raised crosswalks, ADA accessibility improvements at AC Transit bus stops, and protected left-hand turns.
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

44.-Celebración Cultural Sylvia Mendez (Spring Cultural Celebration) by the Sylvia Mendez School PTA: 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 Councilmember Ben Bartlett, to the Sylvia Mendez Elementary School PTA to host a Spring Cultural Celebration event on May 4, 2024, in the courtyard on campus. 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 City Councilmembers who would like to contribute.
Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

45.-Budget Referral Healthy Black Families Community Engagement - Ashby BART Development and Equitable Black Berkeley
From: Councilmember Bartlett (Author)
Recommendation: Refer $60,000 each to the FY2024/25 and FY2025/26 budget process to support a Community Advisory Group to provide thought leadership around implementation of a Black Cultural Zone and Health Equity Zone. This Community Advisory Group will address the ongoing community engagement needs to ensure community input/influence in the development of the Ashby BART station, the reparative framework for the historically Black Community including the Black Equity Zone and Health Equity Zone.
Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

46.-Budget Referral to Fund Small Sites Program to Acquire, Rehabilitate, and Protect Existing Small Scale Housing
From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor)
Recommendation: Refer to the FY 2025-26 Budget Process: An allocation of $8 Million per year (for a two-year total of $16 Million) from existing affordable housing funds to the City of Berkeley Small Sites Program to support the acquisition and rehabilitation of small-scale residential buildings and their conversion to deed-restricted permanently affordable housing. $200,000 in FY25 and $150,000 in FY26 (total of $350,000 over two years) “Capacity Building” grants to the Bay Area Community Land Trust to support expanded participation in the City’s Small Sites Program.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

47.-Budget Referral to Continue Market Match Program for Low-Income Berkeley  Residents in the Event of Statewide Program Cuts
From: Councilmember Hahn (Author), Councilmember Humbert (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor)
Recommendation: Refer to the FY2025-26 Budget Process up to $360,000 (up to $180,000 per year) to safeguard the Market Match program for two fiscal years, supporting over 10,000 low-income Berkeley residents in accessing fresh local produce from Berkeley Farmers’ Markets.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

48.-Co-Sponsorship and Budget Referral for the Solano Avenue Stroll
From: Councilmember Hahn (Author), Councilmember Wengraf (Co-Sponsor)
Recommendation:
1. Adopt a Resolution for the City of Berkeley to Co-Sponsor the Solano Avenue Association’s September 2024 and September 2025 Solano Avenue Stroll events and to provide in-kind services previously provided at no cost to the Solano Stroll, including but not limited to police, fire, zero waste, and public works, at no cost to the September 2024 and 2025 Solano Stroll events.
2. Refer $10,000 per year to the FY 2025-2026 Budget Process ($20,000 total) to support the September 2024 and 2025 Solano Stroll events.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

49.-CARE Program for Berkeley Fire
From: Councilmember Hahn (Author), Mayor Arreguin (Co-Sponsor)
Recommendation: Refer to the FY2025/2026 Budget Process funding for programs that offer care and support for our firefighters and emergency medical service workers (First Responders), the equipment they rely on, and the homes and workplaces we provide for them.
1. For a two-year Pilot Project to Screen for Cancer: $40,000 annually for two years to fund on-going age and risk-based full body cancer scans for First Responders that are subjected to carcinogens during the normal course of their work.
2. To add an FTE to the Fire Department for an In-House Fire Mechanic to service Fire Apparatus on-site and better meet the complex, unique, and time-sensitive needs of the Fire Department, and to save firefighters and the City time and money on outsourced maintenance service: $203,107 for one FTE, ongoing and inclusive of benefits, for a Lead Fire Mechanic. $350,000 in one-time funds to purchase the necessary tools and equipment.
3. For a Fire Reserve Program, offering internships with training to motivated High School graduates and/or college students who may enter the Fire Service after completion of the program, and to support recruitment: $120,000 per year, ongoing, to cover salaries for 6 interns, training, supervision, and equipment.
4. For one-time “FFE” (Furniture, Fixtures, and Equipment) upgrades to all Fire Stations, including but not limited to new appliances, enhancements to prevent cancer (decontamination dryers, carcinogen-reducing soaps/detergents, etc.), lighting, furniture, and other amenities to improve living, health, and working conditions: $140,000 to provide $20,000 for each of the City’s seven Fire Stations in one fiscal year. Alternatively, $70,000 in FY 2025 and in FY 2026, providing $10,000 per year for each Fire Station over two years, for a two-year total of $140,000.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

50.-Resolution in Support of the Campaign for a Safe and Healthy California
From: Councilmember Hahn (Author), Councilmember Wengraf (Co-Sponsor)
Recommendation: Send a resolution to Governor Gavin Newsom and the Campaign for a Safe and Healthy California, endorsing the campaign to “Keep the Law” and uphold Senate Bill 1137, which prohibits new oil and gas wells within 3,200 feet of homes, schools, nursing homes, and hospitals, and requires companies to adopt health, safety, and environmental standards.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

51.-Budget Referral for Development of Voluntary Design Guidelines
From: Councilmember Hahn (Author), Councilmember Wengraf (Co-Sponsor)
Recommendation: Refer to the City Manager to develop and return to the City Council for review and adoption a set of Voluntary Design Guidelines for the City of Berkeley. Refer $200,000 to the FY2025/2026 budget process to engage a consultant to assist with this process.
Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

52.-Budget Referral: City of Berkeley Annual Holocaust Remembrance Day
From: Councilmember Wengraf (Author), Councilmember Humbert (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Refer to the Fiscal Year 2025/2026 budget process a request for $7,000 annually to fund the City of Berkeley’s Annual Holocaust Remembrance Day Program.
Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

53.-Budget Referral: Crossing Guard for Cragmont School
From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor)
Recommendation: Refer to the Fiscal Year 2025/2026 Budget Process an annual allocation of $22,000 to fund a Crossing Guard for Cragmont Elementary School at the intersection of Regal Rd. and Spruce Street.
Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

54.-Budget Referral: Equipment for Hybrid Commission Meetings
From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor)
Recommendation: Refer to the Fiscal Year 2025/2026 Budget Process an allocation of $110,000 for infrastructure costs to conduct hybrid city commission meetings.
Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

55.-Budget Referral: $70,000 to Evaluate Pedestrian Safety and Implement Solutions on Euclid Avenue between Eunice Street and Bay View Place
From: Councilmember Wengraf (Author), Councilmember Taplin (Co-sponsor), Councilmember Hahn (Co-sponsor)
Recommendation: Refer to the Fiscal Year 2025-2026 Budget Process an allocation of $70,000 to Evaluate Pedestrian Safety and Implement solutions on the short stretch of Euclid Ave between Eunice Ave and Bay View Place, including the crossings at Eunice and between Codornices Park and the Jane Hammond Field and the Berkeley Rose Garden and west side of Euclid.
Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

56.-Budget Referral: Civic Center Plan Phase III – Advancing Pre-Design & Construction Activities for Berkeley’s Maudelle Shirek and Veterans Buildings
From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor)
Recommendation: Refer to the Fiscal Year 2025/2026 Budget Process an allocation of $300,000 for the Civic Center Plan Phase III.
Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

Action Calendar

-The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during one of the Action Calendar public comment periods on the item. Public comment will occur for each Action item (excluding public hearings, appeals, and/or quasi-judicial matters) in one of two comment periods, either 1) before the Action Calendar is discussed; or 2) when the item is taken up by the Council.

A member of the public may only speak at one of the two public comment periods for any single Action item.

The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

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

Action Calendar – Scheduled Public Comment Period

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

Action Calendar – New Business

57.-Re-Adoption of the Berkeley Building Codes, including Local Amendments to the 2022 California Building Standards Code
Supplemental material (Supp 2)
Presentation
From: City Manager
Recommendation:
1. Adopt first reading of an Ordinance repealing and reenacting the Berkeley Building, Residential, Electrical, Mechanical, Plumbing, Energy, and Green Building Standards Codes in BMC Chapters 19.28, 19.29, 19.30, 19.32, 19.34, 19.36 and 19.37, and adopting related procedural and stricter provisions; and
2. Adopt a Resolution setting forth findings of local conditions that justify more stringent regulations than those provided by the 2022 California Building Standards Code Supplements, and rescinding Resolution No. 70,585-N.S.
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400