Agenda packet — Berkeley City Council, January 25, 2022 (part 1 of 3)

Tuesday, January 25, 2022 AGENDA Page 1
AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, January 25, 2022
6:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE

PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID -19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents immine nt risks to the health of attendees. Therefore, no physical meeting location will be available.

Live audio is available on KPFB Radio 89.3. Live captioned broadcasts of Council Meetings are available on Cable B -TV (Channel 33) and via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx .

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/84888765689
. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 848 8876 5689. 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 teleconference will be recorded as any Council meeting is recorded, and all other rules of procedure and decorum will apply for Council meetings conducted by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected]
.

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981- 6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

1 Tuesday, January 25, 2022 AGENDA Page 2
Preliminary Matters
Roll Call:

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

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 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 s peak 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.

2 Consent Calendar
Tuesday, January 25, 2022 AGENDA Page 3

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of December 7 (special), December 9 (closed and special), December 14 (special and regular).

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900

2. Revenue Contract: The Center at Sierra Health Foundation for $90,999.50 for Information Technology Equipment, Telehealth Licenses, and Personal Protective Equipment
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to apply for funding provided by the California Department of Health Care Services (DHCS) through the Behavioral Health Telehealth Request for Applications and accept the funding and execute any resultant revenue agreements and amendments to purchase information technology equipment, telehealth software licenses, and personal protective equipment up to $90,999.50 in FY 2022 and FY 2023.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

3. 2022 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 for administering the Workers’ Compensation Program, in an amount not to exceed $268,093.55.

Financial Implications: See report.

Contact: Donald E. Ellison, Human Resources, (510) 981-6800

4. Grant Application: Land and Water Conservation Fund – Grove Park Renovation Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the federal Land and Water Conservation Fund (LWCF) in an amount not to exceed 50% of the Grove Park Renovation total project cost of $2.4M.

Financial Implications: See report.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

3 Consent Calendar
Tuesday, January 25, 2022 AGENDA Page 4

5. Contract No. 32000093 Amendment: DC Electric Group, Inc. for On-Call Electronic Traffic Calming Devices Maintenance Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000093 with DC Electric Group, Inc. to increase the current contract by $250,000 for a total not to exceed amount of $500,000 and to remove the $50,000 annual limit.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300

6. Contract: Glosage Engineering, Inc. for Sanitary Sewer Rehabilitation at Various Locations
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project, located on Grizzly Peak Boulevard Backline, Euclid Avenue Backline, Cragmont Avenue Backline, Euclid Avenue, Wildcat Canyon Road, Woodhaven Road, Keeler Avenue, Spruce Street, and Eunice Street; accepting the bid of the lowest responsive and responsible bidder, Glosage Engineering, Inc.; and authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $1,780,859, which includes a 10% contingency of $161,896.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300

7. Lease and Cooperative Agreement: Downtown Berkeley Bike Station From: City Manager
Recommendation:

1. Adopt the first reading of an Ordinance authorizing the City Manager to execute a lease agreement with BART for retail space at the Center Street Garage for a fifteen- year lease term commencing February 1, 2021, and expiring on January 31, 2036.

2. Adopt a Resolution authorizing the City Manager to execute a cooperative agreement with the Bay Area Rapid Transit District (BART) for the continued operation of the Downtown Berkeley Bike Station in its Center Street Garage location for a three-year term commencing July 1, 2020, and expiring on June 30, 2023, in an amount not to exceed $225,000.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300

4 Council Consent Items

Tuesday, January 25, 2022 AGENDA Page 5

8. Resolution Requesting State Cannabis Cultivation Tax Reform From: Mayor Arreguin (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor)
Recommendation: Adopt a Resolution requesting State cannabis cultivation tax reform.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100

9. 2022 Seating Arrangement during City Council Meetings From: Mayor Arreguin (Author)
Recommendation: Rescind Resolution No. 69,647–N.S and adopt a Resolution changing the seating arrangement of the Mayor and City Councilmembers on the dais for calendar year 2022, to accommodate the Vice-Mayor, as follows (From left to right, facing the dais): Kesarwani, Bartlett, Hahn, Harrison, Arreguin, Wengraf, Droste, Robinson, Taplin.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100

10. 2022 City Council Committee and Regional Body Appointments From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution approving the appointment of Council representatives to City Council Standing Policy Committees, Partnership Committees, Regional Bodies and Liaisons to City Boards and Commissions for a term ending on December 31, 2022 or until new appointments are made.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100

11. Referring the Civic Arts Commission’s affordable housing for artists in Berkeley Report and other Artist Live, Work and Live-Work opportunities to the Housing Element Update
From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Wengraf (Co-Sponsor) Recommendation: 1. Refer the Civic Arts Commission’s report entitled affordable housing for artists in berkeley to the City Manager, Planning Commission, and Housing Advisory Commission to review, consider, and incorporate recommendations, to the greatest extent possible, into the Housing Element update and related planning and zoning processes.

2. Refer to the City Manager, Planning Commission, and Housing Advisory Commission consideration of the feasibility and impacts of allowing ground floor affordable live, work, and live-work space for artists in certain commercial, manufacturing, and mixed-use buildings/areas, both new-build and existing, and exploration of other opportunities for living, work and live-work space for artists.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

5 Action Calendar
Tuesday, January 25, 2022 AGENDA Page 6
The public may comment on each item listed on the agenda for action as the item is taken up. 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.

The Presiding Officer will request that persons wishing to speak use the "raise hand" function 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 – Old Business

12. Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code (Continued from December 14, 2021. Item contains supplemental materials) From: City Manager
Recommendation: Adopt a Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code.

Financial Implications: None
Contact: Jennifer Louis, Police, (510) 981-5900, LaTanya Bellow, City Manager's Office, (510) 981-7000

Action Calendar – New Business

13. COVID-19 Response 2021 Summary Report
From: City Manager
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000

Information Reports

14. LPO NOD: 2212 Fifth Street/#LMIN2021-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

15. LPO NOD: 1120 Second Street/#LMSA2021-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

16. LPO NOD: 1325 Arch Street/#LMIN2020-0008
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 6 Information Reports
Tuesday, January 25, 2022 AGENDA Page 7

17. LPO NOD: 1960 University Avenue/#LMSA2021-0002
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

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.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33), via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx

and KPFB Radio 89.3.

Archived indexed video streams are available at http://www.cityofberkeley.info/citycouncil.

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 Ci ty Clerk Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be posted on the City's website at http://www.cityofberkeley.info .

Agendas and agenda reports may be accessed via the Internet at http://www.cityofberkeley.info/citycouncil

COMMUNICATION ACCESS INFORMATION:

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (510) 981-6418 (V) or (510) 981-6347 (TDD) at least three business days before the meeting date.

Captioning services are provided at the meeting, on B-TV, and on the Internet. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

7 Tuesday, January 25, 2022 AGENDA Page 8
I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building , 2134 Martin Luther King Jr. Way, as well as on the City’s website, on January 13, 2022.

Mark Numainville, City Clerk

Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing through Records Online .

Assessment of Vacant Properties

1. Human Welfare and Community Action Commission

Berkeley Marina

2. David Lerman

3. Erica McFadden

Berkeleyside

4. Charles Clarke

5. Pamela Turntine

Clark Kerr Volleyball Courts

6. UC Berkeley

Crypto Currency

7. Fred Dodsworth

Commercial Evictions

8. Trea Cleaves (2)

COVID-19

9. Anne McClintock

10. David Lerman (2)

11. Kelly Hammagren

Emergency Winter Shelter

12. Elana Auerbach

International Day of Education

13. Mina Karimabadi

Landmarks Preservation

14. Charlene Woodcock
8 Tuesday, January 25, 2022 AGENDA Page 9

Mynd Management

15. Anita Shriver

Political Representation

16. Steve Martinot
Smoke Free Signage Absence

17. Carol Denney
Shen Yun

18. Lisa Ye

Urban Trees

19. Nancy Bardach
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.
9 10
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/manager

CONSENT CALENDAR
January 25, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of December 7 (special), December 9 (closed and special), December 14 (special and regular).

CONTACT PERSON
Mark Numainville, City Clerk, 981-6900
Attachments:

1. December 7, 2021-Special City Council Meeting

2. December 9, 2021-Special Closed City Council Meeting

3. December 9, 2021-Special City Council Meeting

4. December 14, 2021-Special City Council Meeting

5. December 14, 2021-Regular City Council Meeting

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11 Tuesday, December 7, 2021 MINUTES Page 1

B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G M I N U T E S
Tuesday, December 7, 2021
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

AND VIRTUAL PARTICIPATION
This meeting of the City Council will be conducted in a “hybrid” model with both in-person attendance and virtual participation. This meeting is a one-time test of the technology needs and meeting management processes for hybrid meetings. All other meetings will continue to be conducted exclusively through teleconference and Zoom videoconference pursuant to Government Code Section 54953(e) and the state declared emergency.

Live audio is available on KPFB Radio 89.3. Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/86272802670. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 862 7280 2670. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

If attending in-person, please adhere to all health and safety requirements posted at the Council Chambers. To speak at public comment, line up with appropriate distance and speak from the public podium when recognized by the Presiding Officer.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

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12 Tuesday, December 7, 2021 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 6:06 p.m.

Present: Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin

Absent: None
Worksession

1. Presentation by the San Francisco Bay Restoration Authority Contact: San Francisco Bay Area Restoration Authority, (510) 286-7193 Action: 2 speakers. Presentation made and discussion held.

2. Large Scale Ferry Feasibility Study – A Preferred Concept From: City Manager
Contact: Scott Ferris, Director, Parks, Recreation, and Waterfront Department, (510) 981-6700
Recess: 8:32 p.m. – 8:42 p.m.

Recess: 9:31 p.m. – 9:36 p.m.

Action: 15 speakers. Presentation made and discussion held.

3. Zero Waste Fund Proposed Five Year (FY 2023/2027) Rate Schedules From: City Manager
Contact: Liam Garland, Public Works, (510) 981-6300
Action: M/S/C (Arreguin/Robinson) to suspend the rules and extend the meeting to 11:20 p.m.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Droste.

Councilmember Droste absent 10:47 p.m. – 11:20 p.m.

Action: 0 speakers. Presentation made and discussion held.

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13 Tuesday, December 7, 2021 ANNOTATED AGENDA Page 3
Adjournment
Adjourned at 11:20 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on December 7, 2021.
____________________
Mark Numainville
City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #1: Presentation by the San Francisco Bay Restoration Authority

1. Presentation, submitted by the San Francisco Bay Restoration Authority Item #2: Large Scale Ferry Feasibility Study – A Preferred Concept

2. Presentation, submitted by Parks, Recreation and Waterfront

3. Camille Antinori

4. Paul Kamen

5. James McGrath

6. Gordon Stout

7. Steven Castleberry
Item #3: Zero Waste Fund Proposed Five Year (FY 2023/2027) Rate Schedules

8. Presentation, submitted by Public Works

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14 Thursday, December 9, 2021 MINUTES Page 1

B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G M I N U T E S
THURSDAY, DECEMBER 9, 2021
4:00 P.M.

JESSE ARREGUIN, MAYOR
Councilmembers:

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID- 19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this https://us02web.zoom.us/j/86714424685. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free); enter Meeting ID: 867 1442 4685. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

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15 Thursday, December 9, 2021 MINUTES Page 2
Preliminary Matters
Roll Call: 4:05 p.m.

Present: Taplin, Hahn, Wengraf, Droste, Arreguin

Absent: Kesarwani, Bartlett, Hahn, Robinson
Public Comment - Limited to items on this agenda only – 0 speakers CLOSED SESSION:

The City Council will convene in closed session to meet concerning the following:

1. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2):
a. Significant exposure to litigation – one case
Action: M/S/C (Arreguin/Wengraf) to provide direction to approve the settlement agreements as to claims under the Fair Labor Standards Act and applicable Memorandum of Agreements and compensation plans for an amount not to exceed $207,452.26
Vote: Ayes - Taplin, Hahn, Wengraf, Droste, Arreguin; Noes – None; Abstain – None; Absent - Kesarwani, Bartlett, Hahn, Robinson.

2. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6

Negotiators: Dee Williams-Ridley, City Manager, Paul Buddenhagen, Deputy City Manager, LaTanya Bellow, Deputy City Manager, Don Ellison, Interim Human Resources Director, Ravinder Rangi, Employee Relations Manager.

Employee Organizations: Berkeley Fire Fighters Association Local 1227, Berkeley Fire Fighters Association, Local 1227 I.A.F.F. / Berkeley Chief Fire Officers Association; International Brotherhood of Electrical Workers (IBEW), Local 1245, SEIU 1021 Community Services and Part-time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, Public Employees Union Local 1, Unrepresented Employees, Berkeley Police Association.

Action: No reportable action taken.

OPEN SESSION:

City Council met in closed session and provided direction to approve the settlement agreements as to claims under the Fair Labor Standards Act and applicable Memorandum of Agreements and compensation plans for an amount not to exceed $207,452.26.

Adjournment
Action: M/S/C (Arreguin/Wengraf) to adjourn the meeting.

Vote: Ayes - Taplin, Hahn, Wengraf, Droste, Arreguin; Noes – None; Abstain – None; Absent - Kesarwani, Bartlett, Hahn, Robinson.

Adjourned at 4:31 p.m.

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16 Thursday, December 9, 2021 MINUTES Page 3
I hereby certify that the foregoing is a true and correct record of the closed session meeting held on December 9, 2021.
_____________________
Mark Numainville
City Clerk

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17 Thursday, December 9, 2021 MINUTES Page 1

B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G M I N U T E S
Thursday, December 9, 2021
6:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID-19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

Live audio is available on KPFB Radio 89.3. Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/82263821024. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 822 6382 1024. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

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18 Thursday, December 9, 2021 MINUTES Page 2
Preliminary Matters
Roll Call: 6:05 p.m.

Present: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin

Absent: Bartlett
Councilmember Bartlett present at 7:42 p.m.

Report from Closed Session
The City Council met in closed session and provided direction to approve the settlement agreements as to claims under the Fair Labor Standards Act and applicable Memorandum of Agreements and compensation plans for an amount not to exceed $207,452.26.

Worksession

1. Housing Element Update Work Session
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: 10 speakers. Presentation made and discussion held.

Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.

Vote: Ayes – Taplin, Bartlett, Harrison, Wengraf, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Kesarwani, Hahn, Droste.

Councilmember Droste absent at 8:13 p.m.

Councilmember Hahn absent at 8:21 p.m.

Councilmember Kesarwani absent at 8:39 p.m.

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19 Thursday, December 9, 2021 MINUTES Page 3
Adjourned at 8:44 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on December 9, 2021.
_________________________
Mark Numainville
City Clerk
Communications
 None
Supplemental Communications 1
 None
Supplemental Communications 2
Item #1: Housing Element Update Work Session

1. Megan Nguyen, on behalf of East Bay Housing Organizations Supplemental Communications 3
Item #1: Housing Element Update Work Session

2. Presentation, submitted by Planning

3. Todd Darling

4. Sidharth Kuper

5. Toni Mester (2)

6. Eric Panzer

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B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G M I N U T E S
Tuesday, December 14, 2021
4:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID-19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

Live audio is available on KPFB Radio 89.3. Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/83481524655. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 834 8152 4655. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

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Preliminary Matters
Roll Call: 4:05 p.m.

Present: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin

Absent: Bartlett
Councilmember Bartlett present at 4:09 p.m.

Consent Calendar
Action: M/S/C (Arreguin/Kesarwani) to accept revised material from the City Manager on Item 3.

Vote: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin; Noes – None; Abstain – None; Absent – Bartlett.

Public Comment on Consent Calendar and Information Items Only: 31 speakers.

Action: M/S/C (Robinson/Harrison) to adopt the Consent Calendar in one motion except as indicated.

Vote: All Ayes.

Consent Calendar

1. 2021 Educator Housing Notice of Funding Availability Funding Reservation From: City Manager
Recommendation: Adopt a Resolution to:

1. Reserve $24.5M in Measure O affordable housing bond funds for the BUSD Workforce Housing project (1701 San Pablo / Satellite Affordable Housing Associates / Abode Communities) with the following conditions:
a) Waive Section III.A.1 of the Housing Trust Fund Guidelines to allow the project to serve higher affordability levels, up to 120% of area median income (AMI) in order to meet the needs of BUSD educators; and
b) Condition disbursement of funding on site control.

2. Authorize the City Manager to execute all original or amended documents or agreements to effectuate these actions.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,134–N.S.

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Tuesday, December 14, 2021 MINUTES Page 3

2. 2021 Housing Trust Fund Request for Proposals Funding Reservations From: City Manager
Recommendation: Adopt a Resolution to:

1. Reserve Housing Trust Funds and other currently available affordable housing funds, and forward reserve of up to $17M in Measure O Bond funds from the third issuance (anticipated in 2025) and up to $2.5M in FY2023 general funds from Measure U1 for the following proposals as detailed below:

Ashby Lofts (2909-2919 Ninth / Satellite Affordable Housing Associates /SAHA) at $850,000, Ephesians Legacy Court (1708 Harmon / Community Housing Development Corporation / CHDC) at $2,500,000, MLK House (2942-2944 MLK / Resources for Community Development / RCD) at $1,178,974, St. Paul Terrace (2024 Ashby / Community Housing Development Corporation / CHDC) at $2,500,000, Supportive Housing in People’s Park (2556 Haste / Resources for Community Development / RCD) at $14,359,593 (including up to $3M for predevelopment).

2. Reserve the balance of recommended funds of approximately $13M dollars for one of the CHDC-sponsored projects (Ephesians Legacy Court or St. Paul Terrace) to be determined based on the project’s readiness and feasibility, and with the intent that once further predevelopment work has been completed, the City Manager, CHDC, and the HTF Subcommittee work together to recommend a specific project for fund reservation.

3. Prioritize future housing funds (including, but not limited to, HTF and Measure O funds) for the CHDC project (Ephesians Legacy Court or St. Paul Terrace) not fully funded through this RFP.

4. Condition predevelopment funding for new construction projects (Ephesians Legacy Court, St. Paul Terrace, and Supportive Housing in People’s Park) on site control;

5. Authorize the City Manager to refinance existing HTF development loans to Ashby Lofts and MLK House and predevelopment loans for each project funded through this NOFA into new loans with terms consistent with the HTF Guidelines;

6. Approve the following waivers of the HTF Guidelines for MLK House: a. Waive Section IV.C.1 to allow a subsidy in excess of 40% of total development costs; and b.

Waive Section IV.C.2 to allow an interest rate of 0% for the new loan (in line with Council’s 2017 approval of 0% interest rate for the refinanced MLK House loan)

7. Allow Northern California Land Trust to submit a revised application for up to $500k in Permanent Local Housing Allocation (PLHA) rehabilitation funds to support the renovation of 2207 Haste with the following conditions: a. Application submittal within 90 days of City Council action; and
b. include a scope of work consistent with renovations proposed and substantiated by an updated physical needs assessment.

8. Authorize the City Manager or her designee to execute all original or amended documents or agreements to effectuate these actions.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,135–N.S.

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Tuesday, December 14, 2021 MINUTES Page 4

3. Funding Recommendation and Joint Homekey Application for Golden Bear Inn at 1620 San Pablo
From: City Manager
Recommendation: Adopt three Resolutions approving the following actions in support of a Homekey program funding allocation by:

1. Reserving up to $8,463,535 in affordable housing funds for the Golden Bear Inn permanent supportive housing project at1620 San Pablo as proposed by a partnership between Memar Properties and Bay Area Community Services (BACS);

2. Authorizing the City Manager or her designee to prepare and submit a joint application together with Memar Properties and BACS for the State of California Housing and Community Development (HCD) Department’s Homekey program for the Golden Bear Inn permanent supportive housing project.

3. Authorizing the City Manager or her designee to take actions needed for the City’s participation in HCD’s Homekey program, including entering into the State’s Standard Agreement and any amendments.

4. Authorizing the City Manager or her designee to execute all original or amended documents or agreements to effectuate these actions.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: 1. Adopted Resolution No. 70,136–N.S. (Approval of funding) 2. Adopted Resolution No. 70,137–N.S. (Joint application) 3. Adopted Resolution No. 70,138– N.S. (Homekey participation) as revised by the City Manager in Supplemental Communications Packet #2 and materials submitted at the meeting.

4. Jointly Apply for No Place Like Home Funding for Supportive Housing in People’s Park at 2556 Haste
From: City Manager
Recommendation: Adopt two Resolutions that enable the proposed Supportive Housing in People’s Park project to access State of California No Place Like Home program funds by:

1. Authorizing the City Manager to prepare and submit a joint application for Supportive Housing in People’s Park at 2556 Haste.

2. Authorizing the City Manager to take actions needed for the City’s participation in the No Place Like Home program by adopting State requirements regarding submitting applications, entering into the State’s Standard Agreement and other documents, and providing mental health services for tenants of the resulting housing.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: 1. Adopted Resolution No. 70,139–N.S. (Joint application) 2. Adopted Resolution No. 70,140–N.S. (NPLH)

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Action Calendar
The public may comment on each item listed on the agenda for action as the item is taken up. 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.

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

Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. This is followed by five-minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak use the "raise hand" function 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.

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.

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.

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5. Amending the PY21 Annual Action Plan to accept HOME-ARP Funds and Amending the Permanent Local Housing Allocation Five-Year Plan to Support a Homekey Project
From: City Manager
Recommendation: Conduct a Public Hearing on:

1. The proposed HOME Investment Partnerships Program – American Rescue Plan (HOME-ARP) Allocation Plan, which the City will submit to the U.S. Department of Housing and Urban Development (HUD) as a substantial amendment to the PY2021 (FY2022) Annual Action plan;

2. The proposed Permanent Local Housing Allocation (PLHA) Five-Year Plan Amendment, which the City is required to submit to the California Department of Housing and Community Development (HCD) since the proposed amendments will result in a change in funding for eligible activities that exceeds 10% of the annual allocation. And upon conclusion, adopt two Resolutions authorizing the City Manager, or her designee, to:

1. Amend the PY2021 Annual Action Plan to accept $2,735,696 in HUD’s HOME- ARP funds. Allocate up to 15% ($410,354) for administration and planning, up to 5% for operating expenses for a Community Housing Development Organizations (CHDO) or other nonprofit organizations, up to 5% for nonprofit capacity building, and the remainder (75-85%) ($2,051,772 - $2,325,342) to a proposed State of California Housing and Community Development (HCD) Homekey Program (Homekey) project. In the event that the HOME-ARP allocation is modified, the same formula will be used to allocate funds. If the funds are not used for a Homekey project the City will use HOME-ARP funds for another HOME-ARP approved project.

2. Amend the PLHA Five-Year Plan to allocate $1,138,194 to a proposed HCD Homekey project.

3. Submit the approved PY2021 Annual Action Plan Substantial Amendment #1 to HUD, and accept any resulting agreements with HUD.

4. Submit the approved PLHA Five-Year Plan Amendment to HCD and accept any resulting agreements with HCD.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Public Testimony: The Mayor opened the public hearing. 5 speakers.

M/S/C (Arreguin/Robinson) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Kesarwani/Droste) to adopt Resolution No. 70,141-N.S. (Amending the PY21 Annual Action Plan), and to adopt Resolution No. 70,142-N.S. (Adopting PLHA five-year plan)
Vote: All Ayes.

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26 Action Calendar – Public Hearings
Tuesday, December 14, 2021 MINUTES Page 7

6. California Municipal Finance Authority Bond Financing for 2001 Ashby Avenue From: City Manager
Recommendation: Conduct a public hearing under the requirements of the Tax Equity and Fiscal Responsibility Act of 1982 (TEFRA) and the Internal Revenue Code of 1986, as amended, and upon conclusion, adopt a Resolution approving the issuance of the bonds by the California Municipal Finance Authority (CMFA) for the benefit of the 2001 Ashby Avenue rental housing development.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Public Testimony: The Mayor opened the public hearing. 2 speakers.

M/S/C (Arreguin/Robinson) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Arreguin/Harrison) to adopt Resolution No. 70,143-N.S.

Vote: All Ayes.

Action Calendar – Old Business

7. Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code (Continued from November 30, 2021) (Item Contains Supplemental Material) From: City Manager
Recommendation: Adopt a Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code.

Financial Implications: None
Contact: LaTanya Bellow, City Manager's Office, (510) 981-7000, Jennifer Louis, Police, (510) 981-5900
Action: Moved to Consent Calendar. Item continued to January 25, 2022.

Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 6:08 p.m.

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27 Tuesday, December 14, 2021 MINUTES Page 8
I hereby certify that the foregoing is a true and correct record of the special meeting held on December 14, 2021.
____________________
Mark Numainville
City Clerk
Communications
• None
Supplemental Communications and Reports 1

• None
Supplemental Communications and Reports 2
Item #2: 2021 Housing Trust Fund Request for Proposals Funding Reservations

1. Alex Knox, on behalf of the Telegraph Business Improvement District Item #3: Funding Recommendation and Joint Homekey Application for Golden Bear Inn at 1620 San Pablo

2. Revised material, submitted by Health, Housing & Community Services Department

3. Lee Bishop

4. Eric Johnson
Supplemental Communications and Reports 3
Item #2: 2021 Housing Trust Fund Request for Proposals Funding Reservations

5. Dave Pate

6. Charlotte Pyle

7. Mary Dorst

8. Alicia Klein, on behalf of the Vedanta Society Berkeley

9. Cora Johnson-Grau
Item #3: Funding Recommendation and Joint Homekey Application for Golden Bear Inn at 1620 San Pablo

10.Revised material, submitted by Health, Housing & Community Services Department

11.Hilary Clark

12.Trevor Wu

13.Salma Elmallah

14.Kevin Burke

15.Adam Rogers

16.Libby Lee-Egan

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17.Alfred Twu

18.Milo Trauss

19.Annie Preston

20.Anirvan Chatterjee

21.Mary Dorst

22.Inder Sidhu

23.Ryan Finnigan

24.Igor Tregub
Item #5: Amending the PY21 Annual Action Plan to Accept HOME-ARP Funds and Amending the Permanent Local Housing Allocation Five-Year Plan to Support a Homekey Project

25.Presentation, submitted by Health, Housing and Community Services Department

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MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, December 14, 2021
6:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID -19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

Live audio is available on KPFB Radio 89.3. Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx .

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this UR L https://us02web.zoom.us/j/83481524655
. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To submit a written communication for the City Council’s consideration and inclusion in the public r ecord, email [email protected]
.

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

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Preliminary Matters
Roll Call: 6:21 p.m.

Present: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Arreguin

Absent: Bartlett, Droste
Councilmember Droste present at 6:22 p.m.

Councilmember Bartlett present at 6:27 p.m.

Ceremonial Matters:

1. Adjourned in Memory of Bob Meola, Peace & Justice Commissioner City Manager Comments:

The City Manager shared a presentation on the efforts and data reports of the Homeless Response Team.

Public Comment on Non-Agenda Matters: 10 speakers.

Action: M/S/C (Arreguin/Wengraf) to accept supplemental material from Mayor Arreguin on Item 7.

Vote: All Ayes.

Action: M/S/C (Arreguin/Wengraf) to accept supplemental material from Mayor Arreguin on Item 48.

Vote: All Ayes.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 20 speakers.

Action: M/S/C (Arreguin/Robinson) to adopt the Consent Calendar in one motion except as indicated.

Vote: All Ayes.

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Consent Calendar

1. Bayer Healthcare LLC – Amended and Restated Development Agreement From: City Manager
Recommendation: Adopt the second reading of Ordinance No. 7,792-N.S. to certify the Final Subsequent Environmental Impact Report, adopt Findings and a Mitigation Monitoring and Reporting Program, and approve the Amended and Restated Development Agreement between the City of Berkeley and Bayer Healthcare LLC.

First Reading Vote: All Ayes
Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,792–N.S.

2. Amendments to the Berkeley Election Reform Act
From: Fair Campaign Practices Commission
Recommendation: Adopt the second reading of Ordinance No. 7,793-N.S amending the Berkeley Election Reform Act (BMC Chapter 2.12) to (1) make public financing available to candidates for the offices of Auditor, School Board Director, and Rent Stabilization Board Commissioner, (2) further clarify the use of Fair Elections funds, (3) clarify the requirements for returning unspent Fair Elections funds, (4) add a new process for requesting return of previously repaid Fair Elections funds, and (5) require the FCPC to make a cost of living adjustment to the contribution limit to candidates in January of each odd-numbered year.

First Reading Vote: All Ayes
Financial Implications: None
Contact: Sam Harvey, Commission Secretary, (510) 981-6950 Action: Adopted second reading of Ordinance No. 7,793–N.S.

3. Commission Reorganization: Creating the Parks, Recreation, and Waterfront Commission
From: City Manager
Recommendation: Adopt the second reading Ordinance No. 7,794-N.S. repealing and re-enacting Berkeley Municipal Code Chapter 3.26 to create the Parks, Recreation, and Waterfront Commission, and repealing Berkeley Municipal Code Chapters 3.27 (Children, Youth, and Recreation Commission) and 3.08 (Berkeley Animal Care Commission).

First Reading Vote: Ayes – Kesarwani, Hahn, Wengraf, Robinson, Droste, Arreguin; Noes – None; Abstain – Taplin, Bartlett, Harrison
Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted second reading of Ordinance No. 7,794–N.S.

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Tuesday, December 14, 2021 ANNOTATED AGENDA Page 4

4. Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference
From: City Manager
Recommendation: Adopt a Resolution making the required findings pursuant to Government Code Section 54953(e)(3) and determining that as a result of the continued threat to public health and safety posed by the spread of COVID-19, City legislative bodies shall continue to meet via videoconference and teleconference, initially ratified by the City Council on September 28, 2021, and subsequently reviewed and ratified on October 26, 2021 and November 16, 2021.

Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,144–N.S.

5. Resolution Reviewing and Ratifying the Proclamation of Local Emergency Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19)
From: City Manager
Recommendation: Adopt a Resolution reviewing the need for continuing the local emergency due to the spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19) and ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services on March 3, 2020, initially ratified by the City Council on March 10, 2020, and subsequently reviewed and ratified by the Council on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, and November 9, 2021.

Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, City Attorney’s Office (510) 981-6998 Action: Adopted Resolution No. 70,145–N.S.

6. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the council meetings of November 2 (closed), November 4 (special), November 9 (closed and regular), November 16 (closed and regular), November 18 (closed) and November 30 (closed and regular).

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved minutes as submitted.

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Tuesday, December 14, 2021 MINUTES Page 5

7. City of Berkeley’s 2022 State and Federal Legislative Platform From: City Manager
Recommendation: Adopt a Resolution approving the City of Berkeley’s 2022 State and Federal Legislative Platform.

Financial Implications: See report
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000 Action: Adopted Resolution No. 70,146–N.S. as revised in Supplemental Material from Mayor Arreguin introduced at the meeting.

8. Extension of Interim Director of Police Accountability Appointment From: City Manager
Recommendation: Adopt a Resolution extending the appointment of Katherine J.

Lee as Interim Director of Police Accountability and approving an employment contract to be effective January 1, 2022 at an annual salary of $182,260.65.

Financial Implications: See report
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000 Action: Adopted Resolution No. 70,147–N.S. and to authorize the City Manager to make clarifying corrections on the term of the agreement.

9. Protiviti Government Services: Using General Services Administration (GSA) Vehicle for Professional Services Purchase Orders
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to issue purchase orders with Protiviti Government Services for the purchase of professional services using the General Services Agency’s (GSA) purchasing vehicle no. GS- 35F-0280X for an amount not to exceed $70,000 through November 8, 2022.

Financial Implications: General Fund - $70,000
Contact: Matthai Chakko, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,148–N.S.

10. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on December 14, 2021
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: General Fund - $960,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

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11. Contract: RLH & Associates for Providing Temporary Governmental Financial Consulting Services for the Finance Department
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract, with any amendments, with RLH Associates for providing temporary governmental financial consulting as required by the Finance Department for an initial term of two years. The total not to exceed contract amount is $150,000.

Financial Implications: General Fund - $150,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 70,149–N.S.

12. Contract: Valdes and Moreno for Professional Services for the Microbond Financing Pilot Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract, with any amendments, with Valdes and Moreno for professional services needed to establish and administer full-services consulting and other services related to a Microbond Financing Program. The total not to exceed amount is $150,000.

Financial Implications: General Fund - $150,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 70,150–N.S.

13. Contract: Gainey Scientific for Project Management & Consulting From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Ganey Scientific. (Contractor) to provide project management and consulting services for the Fire Department (Department) from September 13, 2021 to August 31, 2022 in an amount not to exceed $300,000 with an option to extend for an additional two years, for a total contract amount not to exceed $900,000.

Financial Implications: See report
Contact: Abe Roman, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,151–N.S.

14. Revenue: FY2022 Federal COVID-19 Funding from HHS CARES Act Provider Relief Fund
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to accept payments from the Health and Human Services (HHS) CARES Act Provider Relief Fund and to execute any resultant revenue agreements and amendments to conduct and implement mitigation strategies in response to COVID- 19 in the estimated amount of $80,000 for FY 2022.

Financial Implications: See report
Contact: Abe Roman, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,152–N.S.

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15. Revenue Contract: Funding from an Instructional Service Agreement with Los Positas College to support Fire Department Training
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to enter an Instructional Service Agreement (ISA) with Los Positas Community College (LPC) to provide contract instruction, assessment, and counseling services from July 20, 2021, to July 19, 2024 for an amount not to exceed $250,000 per fiscal year.

Financial Implications: See report
Contact: Abe Roman, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,153–N.S.

16. Contract: Statewide Prevention and Early Iintervention Project Participation Agreement - California Mental Health Services Authority From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a Participation Agreement and any amendments with the California Mental Health Services Authority (CalMHSA) to allocate Mental Health Services Act (MHSA) funds in the amount of $65,956 to participate in the Statewide Prevention and Early Intervention (PEI) Project, for a total amount not to exceed $65,956 through June 30, 2022.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,154–N.S. as revised by the city Manager in Supplemental Communications Packet #2.

17. Contract: 2022 Community Services Block Grant
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to accept the Community Services Block Grant (CSBG) Contract Number 22F-5001 for the amount of $274,202 to provide services for low-income people for the period January 1, 2022 to May 31, 2023.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,155–N.S.

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18. Resoultion Authorizing an Amendment to the Miscellaneous CalPers Contract Pursuant to California Government Code 20516
From: City Manager
Recommendation: Adopt a Resolution revising Resolution No 70,081 N.S to initiate a process to amend the contract between the Board of Administration, California Public Employees’ Retirement System and the City Council for the City of Berkeley pursuant to California Government Code 20516 to effectuate changes to the cost sharing agreement between the City and Unrepresented PEPRA members in the Unrepresented Employees Group.

Financial Implications: See report
Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,156–N.S.

19. Contract 32100185 Amendment: Digital Hands for Endpoint Detection and Response (EDR) Monitoring
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend contract number 32100185 with Digital Hands, for Cybersecurity Event Monitoring and Security Information and Event Management (SIEM), increasing the previously authorized contract amount by $381,137, for a total not to exceed amount of $996,117 from December 15, 2021 to June 30, 2024.

Financial Implications: IT Cost Allocation Fund - $381,137 Contact: LaTanya Bellow, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,157–N.S.

20. Contract: Alcor Solutions, Inc. for Managed Services and Upgrade Support of the SerivceNow Application
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Alcor Solutions, Inc. to provide managed support services and upgrade support for the ServiceNow application from July 1, 2022 to June 30, 2024 for an amount not-to-exceed $300,000.

Financial Implications: IT Cost Allocation Fund - $300,000 Contact: LaTanya Bellow, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,158–N.S.

21. Contract No. 31900197 Amendment: Accela, Inc. for Software Maintenance From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 31900197 with Accela, Inc., for software maintenance, increasing the amount by $133,420 for a total not to exceed $2,192,611 from December 12, 2011 to June 30, 2023.

Financial Implications: Various Funds - $133,420
Contact: LaTanya Bellow, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,159–N.S.

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22. Contract No. 114159-1 Amendment: Tyler Technologies, Inc. for Professional Services and Computer Aided Dispatch (CAD) Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 114159-1 with Tyler Technologies, Inc. for additional professional services and an extension of the Computer Aided Dispatch (CAD) software, increasing the amount not-to-exceed by $733,720 for a total contract value not-to- exceed $2,288,950, and extending the term of the contract through June 30, 2024.

Financial Implications: Various Funds - $733,720
Contact: LaTanya Bellow, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,160–N.S.

23. Donation: New Fencing for a Dog Park at Aquatic Park From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $26,566 to install fencing for a dog park at Aquatic Park.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,161–N.S.

24. Contract: Cumming Management Group, Inc. for Project Management Services for the African American Holistic Resource Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a not-to-exceed $900,000 contract with the Cumming Management Group, Inc. for project management services for the African American Holistic Resource Center (AAHRC) for a contract period of January 3, 2021 through June 30, 2025.

Financial Implications: Various Funds - $900,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,162–N.S. revised to correct all instances of “January 3, 2021” to “January 3, 2022” in the report and resolution.

25. Contract: Get IT Tech – New Electronic Gate System at the Waterfront From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract with Get IT Tech to provide a new electronic gate system at the Waterfront in an amount not-to-exceed of $100,000, which includes a contract amount of $91,748.67 and a 9% contingency in the amount of $8,251.33, rescinding Resolution No. 69,929-N.S.

Financial Implications: Marina Fund - $100,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,163–N.S.

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26. Contract: Best Contracting Services, Inc. for Fire Station No.3 Re-Roofing Project at 2710 Russell Street. Specification No. 20-11408 From: City Manager
Recommendation: Adopt a Resolution:

1. Approving plans and specifications for the Fire Station No.3 Re-roofing Project, Specification No.20-11408;

2. Accepting the bid of Best Contracting Services, Inc. as the lowest responsive and responsible bidder; 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, for an amount not to exceed $326,733.

Financial Implications: Capital Improvement Fund - $326,733 Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,164–N.S.

27. Purchase Order: Arata Equipment Company for one 18-yard Rear Loader From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the city to participate in Sourcewell (formerly NJPA) bid procedures and authorize the City Manager to execute a purchase order for one 18-yard rear loader with Arata Equipment Company in an amount not to exceed $345,000.

Financial Implications: General Fund - $345,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,165–N.S.

28. Authorization for Additional Public Works Commission Meeting in 2021 From: Public Works Commission
Recommendation: Adopt a Resolution authorizing one additional meeting of the Public Works Commission in 2021.

Financial Implications: None
Contact: Joe Enke, Commission Secretary, (510) 981-6300 Action: Adopted Resolution No. 70,166–N.S.

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29. Allocating Remainder of Berkeley Relief Fund
From: Mayor Arreguin (Author), Councilmember Robinson (Co-Sponsor), and Councilmember Bartlett (Co-Sponsor)
Recommendation: Adopt a Resolution accepting a $28,142.38 payment from the East Bay Community Foundation of funds raised by the Berkeley Relief Fund and authorizing the City Manager to allocate these funds to the following:
$10,000 to the Starry Plough Pub and Music Venue
$18,142.38 to the Eviction Defense Center for the Housing Retention Program Financial Implications: Berkeley Relief Fund - $28,142.38 Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,167–N.S.

30. Eleventh Annual Martin Luther King Jr. Celebration: City Sponsorship and Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund
From: Mayor Arreguin (Author), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), and Councilmember Hahn (Co-Sponsor) Recommendation: 1. Adopt a Resolution co-sponsoring the 11th Annual Martin Luther King Jr. Celebration Breakfast on January 17, 2022.

2. Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember including $500 from Mayor Arreguin, to the Berkeley Rotary Endowment, the fiscal sponsor of the 11th Annual Martin Luther King Jr. celebration, with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: 1. Adopted Resolution No. 70,168–N.S. (MLK Jr. Breakfast) 2. Adopted Resolution No. 70,169–N.S. (Expenditure) amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Harrison - $250; Councilmember Wengraf - $250; Councilmember Hahn - $300; Councilmember Kesarwani - $100; Councilmember Robinson - $100.

31. Resolution in Support of Bay Adapt: Regional Strategy for a Rising Bay From: Mayor Arreguin (Author) and Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution in support of Bay Adapt: Regional Strategy for a Rising Bay.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Councilmembers Harrison and Taplin added as co-sponsors. Adopted Resolution No. 70,170–N.S.

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32. Referral to the City Manager to Streamline Accessory Dwelling Unit (ADU) Permit Review and Approval (Reviewed by the Land Use, Housing and Economic Development Policy Committee)
From: Councilmember Rashi Kesarwani (Author) and Councilmembers Susan Wengraf, Lori Droste, and Ben Bartlett (Co-Sponsors) Recommendation: Refer to the City Manager to streamline the Accessory Dwelling Unit (ADU) permitting process in order to reduce staff time spent on review and enhance customer service. Further, assess effectiveness of process improvements specified below by reviewing over time: the number of ADUs permitted, average amount of staff time spent on ADU permit review, and permit fee levels.

Recommend that the City Manager develop for Planning staff use an ADU Universal Checklist and accompanying user-friendly webpage:

ADU Universal Checklist. A clear set of universal guidelines and construction requirements should be developed among staff from Planning (both Land Use and Building and Safety Divisions), Fire, and Public Works Departments that is easy to follow in order to eliminate (or significantly reduce) the need for multiple departments to review ADU permit applications and for multiple rounds of review by the same department. The Universal Checklist should be a single document utilized by (1) all City staff to review ADU permit applications and (2) by customers to understand code requirements and development standards. The Universal Checklist should enable all City staff and customers to have the same clear understanding of all of the requirements that, if adhered to, would expedite the permitting process and lead to lower permit fees over time. Progress To Date: Recently, the City of Berkeley’s Planning Department has added both a Single-Family ADU/JADU Checklist and a Multi-Family ADU Checklist which clearly delineate development standards as adopted by the State of California, effective January 1, 2020. An ADU Universal Checklist would take these checklists one step farther by including current amendments to Berkeley’s local ADU ordinance (once adopted) as well as the full list of fire and safety code requirements.

Accompanying User-Friendly Webpage. As a companion to the ADU Universal Checklist, the City should also create a user-friendly webpage for customers (and prospective customers) with up-to-date information that provides clarity and greater certainty about the process and expected timeline for the creation of an ADU or Junior ADU, which is within a main dwelling unit.

At a minimum, the webpage should include: A list of relevant fees and expected payment amounts for permits, inspections, and other requirements; Plan requirements, worksheets, and projected timelines for each step of the process; and Consolidated up-to-date state and local regulations that are easy to understand.

Progress To Date: The City now has a dedicated webpage that contains: A Graphic Summary; Table of our local ADU ordinance; An ADU flow-chart detailing allowable development standards; A Single-Family ADU/JADU Checklist; A Multi-Family ADU Checklist; Deed Restrictions Forms; A list of Impact Fees.

Additional information that could prove useful to prospective residents, builders and architects includes: Links to fire safety and emergency access requirements; A list of site conditions that do not warrant easy installation of an ADU; A list of Frequently Asked Questions; Additional frequently requested Planning and Development forms,

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such as our Tree Protection Instructions and Creek Protection Instructions forms, and our Public Works Engineering forms pertaining to Curbs, Gutters, Sidewalks and Driveway Approaches listed elsewhere on the City of Berkeley website; Information about financing options; and Links to additional resources, such as The Casita Coalition, an organization that disseminates information on policies and programs, best practices, and resources throughout the state.

Recommend that the City Manager consider adoption of the following two best practices: Pre-Approved ADU Design Plans. Consider development of (1) free ADU designs available to download--of varying sizes and styles--that already conform to all City and state requirements and safety codes; and/or (2) a list of vendors with architectural designs, construction drawings, or pre-fabricated units that have already been approved by the City.

ADU Ally. Consider creation of a single point of contact e-mail address dedicated to serving those interested in ADU construction, along the lines of an “ADU Ally.” The ADU Ally would be a customer-facing staff person(s) who is an expert on all current state and local ADU regulations and acts as an ally to customers through the planning and building process. Currently, our Planning Department does have a team of planners with an expertise in ADU laws and requirements, although the public lacks an easy and efficient way to access this team.

Policy Committee Recommendation: On November 4, 2021 the Land Use, Housing and Economic Development policy committee took the following action: M/S/C (Droste/Robinson) Qualified positive recommendation with direction for the item to be updated to include progress already made in this area as described by the Planning Director.

Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 Action: Approved recommendation.

33. Budget Referral: Pedestrian Crossing Improvements at Ashby and Acton From: Councilmember Taplin (Author)
Recommendation: That the City Council refers to the FY2023 budget process the funding of Rectangular Rapid Flashing Beacons (RRFB) at Ashby Avenue and Acton Street.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation.

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34. Budget Referral: Russell Street Bicycle and Pedestrian Improvements From: Councilmember Taplin (Author)
Recommendation: That the City Council refers to the FY2023 budget process the funding of the following bicycle and pedestrian improvements along Russell Street:

Traffic Circle at Russell & King Street
Cycle Track Crossing at Russell & San Pablo Avenue
Pedestrian Hybrid Beacons at Russell & Sacramento Street Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation.

35. Commit the City of Berkeley to a Just Transition from the Fossil Fuel Economy (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee)
From: Councilmember Taplin (Author), Councilmember Bartlett, Councilmember Hahn, and Mayor Arreguin (Co-Sponsors)
Recommendation: Adopt a resolution (1) committing the City of Berkeley to a Just Transition from the fossil fuel economy, that secures a livable future for all Berkeleyans, combats environmental racism, ensures access to good paying jobs, and cultivates economic and social prosperity for Berkeley in the 21st century and beyond and (2) requiring that all Council reports related to climate include a Just Transition section.

Policy Committee Recommendation: On June 2, 2021, the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee took the following action: M/S/C (Harrison/Robinson) to send the item to Council with a positive recommendation as submitted in the supplemental material and further revised to include a recommendation that all Council reports related to climate include a just transition section.

Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Adopted Resolution No. 70,171–N.S. as revised by Councilmember Taplin in Supplemental Communications Packet #2, and further revised at the meeting to be renamed West and South Berkeley Green New Deal.

36. Reaffirming the City Council’s Endorsement of a Carbon Fee and Dividend From: Councilmember Taplin (Author)
Recommendation: Readopt Resolution No. 67,595–N.S urging the United States Congress to enact a national revenue-neutral carbon tax and send a copy of the resolution to Representative Barbara Lee, Senator Dianne Feinstein and Senator Alex Padilla urging them to take action.

Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Adopted Resolution No. 70,172-N.S.

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37. Health Care Facility Oversight
From: Councilmember Bartlett (Author)
Recommendation: Refer to the City Manager and the Community Health Commission an assessment of the breadth of regulatory control the City of Berkeley can exert on skilled nursing facilities, and create a process of accountability if complaints are found to be substantiated that threaten, or could potentially escalate to the point of threatening, the wellbeing of patients and/or violate federal, state, or local law; the business license of the offending facility will be suspended until the skilled nursing facility submits a report demonstrating rectification of the situation.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Councilmembers Harrison and Hahn added as co-sponsors. Approved recommendation.

38. Consideration of Expansion of Paid Parking to Support the Parking Meter Fund and Improved Pedestrian and Bicycle Facilities
From: Councilmember Hahn (Author), Councilmember Harrison (Co-Sponsor), Councilmember Taplin (Co-Sponsor), and Councilmember Robinson (Co- Sponsor)
Recommendation: 1. Refer to the City Manager and the Transportation Commission to consider the extension of paid metered parking to include all days of the week, paralleling the calendar for off-street parking garages.

2. Consider a pilot, phasing-in, and/or exempting certain areas, and conduct broad outreach to merchants, faith-based and other institutions and organizations, neighborhood groups, and others potentially supported or impacted by change.

3. Consider allocation of potential additional revenues to help offset losses to the Parking Meter Fund incurred during COVID. Once the Fund has recovered, consider allocations to support pedestrian and bicycle facilities to help achieve Berkeley’s Climate Action and Vision Zero goals on an accelerated basis.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Approved recommendation.

39. Letter to UC President Michael Drake in Support of Student Researchers United-UAW
From: Councilmember Robinson (Author) and Councilmember Hahn (Co- Sponsor)
Recommendation: Send a letter to UC President Drake and Provost Michael Brown in support of the full recognition of the Student Researchers United-UAW labor union.

Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Councilmembers Harrison and Taplin added as co-sponsors. Approved recommendation.

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40. Support for H.R. 4194: The People’s Response Act
From: Councilmember Robinson (Author) and Councilmember Hahn (Co- Sponsor)
Recommendation: Adopt a Resolution supporting H.R. 4194, the People’s Response Act, which would create a Division of Community Safety and provide grants to local governments, state governments, and community-based organizations to support non-carceral approaches to public safety. Furthermore, send a letter of support to Representative Cori Bush, Representative Barbara Lee, Senator Alex Padilla, and Senator Dianne Feinstein.

Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Adopted Resolution No. 70,173–N.S.

Action Calendar
The public may comment on each item listed on the agenda for action as the item is taken up. 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.

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

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.

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41. Proposed Ordinance Rescinding Ordinance 7,788-N.S. and Amending Paragraph ‘NN’ of Berkeley Municipal Code Section 19.48.020 (“Amendments to the California Fire Code”) to Restore Language Which Existed Prior to October 26, 2021
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt the second reading of an Ordinance No. 7,791-N.S. which rescinds Ordinance 7,788- N.S. and modifies the language of Paragraph ‘NN.’ of Berkeley Municipal Code Section 19.48.020 (“Amendments to the California Fire Code) by adopting a building standard which is more restrictive than that standard currently contained in the California Fire Code and restores language which existed prior to October 26, 2021.

First Reading Vote: All Ayes
Financial Implications: None
Contact: Abe Roman, Fire, (510) 981-3473

Public Testimony: The Mayor opened the public hearing. 8 speakers.

M/S/C (Arreguin/Robinson) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Arreguin/Wengraf) to adopt the second reading of Ordinance No. 7,791-N.S.

Vote: All Ayes.

42. Public Hearing: Implement Residential Preferential Parking (RPP) Program on the 1600 Block of Lincoln Street
From: City Manager
Recommendation: Conduct a public hearing and upon its conclusion, adopt a Resolution amending Resolution No. 56,508-N.S. Section 25E by adding a subsection to implement Residential Preferential Parking (RPP) on both sides of the 1600 block of Lincoln Street in Area E.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300

Public Testimony: The Mayor opened the public hearing. 1 speaker.

M/S/C (Arreguin/Robinson) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Arreguin/Bartlett) to adopt Resolution No. 70,174–N.S.

Vote: All Ayes.

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43. Fees: Vital Records
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution establishing a new fee schedule for Vital Records effective January 1, 2022 and rescinding Resolution No. 70,116-N.S. This fee adjustment is to become effective January 1, 2022 pursuant to Assembly Bill (AB) 128 (Chapter 21, Statutes of 2021), and Health & Safety (H&S) Codes, § 103627, 100425, 100430, and 100435.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

Public Testimony: The Mayor opened the public hearing. 0 speakers.

M/S/C (Arreguin/Wengraf) to close the public hearing.

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to adopt Resolution No. 70,175–N.S.

Vote: All Ayes.

Recess 8:10 p.m. – 8:21 p.m.

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44. FY 2021 Year-End and FY 2022 First Quarter Budget Update From: City Manager
Recommendation: Discuss and determine the funding allocations for FY 2022 based on the FY 2021 Excess Equity and Excess Property Transfer Tax for the following: 1) the General Fund Reserves 2) City Manager Budget Recommendations and 3) the Council Budget Referrals approved during FY 2022 to be considered in November 2021.

Financial Implications: See report
Contact: Rama Murty, Budget Office, (510) 981-7000

Action: M/S/C (Arreguin/Robinson) to accept supplemental material from the City Manager on Item 45.

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to suspend the rules and extend the meeting to 11:15 p.m. to complete Items 44 and 45; and to continue Items 46 and 47 to January 18, 2022.

Vote: All Ayes.

Action: 23 speakers. M/S/C (Arreguin/Kesarwani) to adopt the budget recommendations for excess equity as contained in the supplemental materials submitted at the meeting with the amendment that funding of the security cameras is conditioned on development and implementation of a Use Policy prior to deployment and Siting of Cameras in District 1, District 2 and District 8 locations as proposed by the Police Department and at 62nd & King (District 3). Policy will be adopted administratively and presented to the City Council as an off-agenda memo; repayment of the Workers Comp fund will be a top priority in the June budget process.

Vote: All Ayes.

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45. Amendment: FY 2022 Annual Appropriations Ordinance From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2022 Annual Appropriations Ordinance No. 7,779–N.S. for fiscal year 2022 based upon recommended re-appropriation of committed FY 2021 funding and other adjustments authorized since July 1, 2021, in the amount of $177,309,914 (gross) and $163,076,585 (net).

Financial Implications: See report
Contact: Rama Murty, Budget Office, (510) 981-7000
Action: 2 speakers. M/S/C (Arreguin/Robinson) to adopt first reading of Ordinance No. 7,795–N.S. as presented in the supplemental materials from the City Manager.

Second reading scheduled for January 18, 2021.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Harrison, Droste.

Councilmember Harrison absent 11:10 p.m. – 11:13 p.m.

Councilmember Droste absent 11:10 p.m. – 11:13 p.m.

Action Calendar – Public Hearings

46. Response to City Council Action on October 26, 2021 regarding Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt the first reading of a local Accessory Dwelling Unit (ADU) Ordinance [Berkeley Municipal Code (BMC) Chapter 23.306] and amendments to relevant Defined Terms [BMC Chapter 23.502.020] in the Zoning Ordinance.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Action: Item 46 continued to January 18, 2022 including supplemental material from Councilmember Kesarwani.

47. Response to City Council Action on October 26, 2021 regarding Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance to Address Public Safety Concerns
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt the first reading of a local Ordinance enacting Chapter 12.99 (Accessory Dwelling Units in Wildfire Hazard Areas) Accessory, and amending (BMC) Chapter 23.306.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Action: Item 47 continued to January 18, 2022 including supplemental material from the City Manager.

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Action Calendar – New Business

48. Ratification of Police Accountability Board’s Standing Rules From: Police Accountability Board
Recommendation: Review and approve Standing Rules of the Police Accountability Board.

Financial Implications: None
Contact: Katherine Lee, Interim Director of Police Accountability, (510) 981-4950 Action: Moved to Consent Calendar. Referred the item to the Police Accountability Board with the revisions submitted at the meeting by Mayor Arreguin.

Information Reports

49. City of Berkeley, State Tobacco Prevention Program (STPP) Overview From: City Manager
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 0 speakers.

Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Harrison, Droste.

Adjourned at 11:13 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on December 14, 2021.

____________________
Mark Numainville
City Clerk

Communications – December 14, 2021
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record.

Item #41: Proposed Ordinance Rescinding Ordinance 7,788-N.S. and Amending Paragraph ‘NN’ of Berkeley Municipal Code Section 19.48.020 (“Amendments to the California Fire Code”) to Restore Language Which Existed Prior to October 26, 2021

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1. Patricia Hart and Hans Stahlschmidt
Support the Berkeley Plastic Bag Ordinance

2. 30 similarly-worded form letters

Solano-Peralta Park

3. Amber Turley

4. Carol Hirth

5. Alyse Jacobson

6. Holly Smith

7. Csilla Kenny

8. Finn Michaelson

9. Mary Foretich

10. Kim Thompson

11. Janice Murota

12. Cherilyn Parsons

13. Jason Gardner & Maureen Phelan

Tenant Opportunity to Purchase Act (TOPA)

14. 4 similarly-worded form letters

Free Speech

15. Nilang Gor

Alta Bates Hospital

16. Praveen Soo, Chair of the Human Welfare Community Action Commission

Crime Suppression Unit

17. Diana Bohn

Fee Parking at Marina

18. Nancy Bartell

Traffic Safety Enforcement

19. Keith Nickolaus

Hopkins Street Traffic and Placemaking Study

20. Ben, Karen, Chuck, and Liza on behalf of Walk Bike Berkeley

21. Barbara Fritz

Housing & Absentee Investors

22. V. Sommer

Happy Thanksgiving

23. Dirk Neyhart

Leonard Powell

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24. Diana Bohn

No masks

25. David Lerman

Elmwood Parking

26. Dona Bretherick

Pilot for Transportation Dept.

27. Sheila Goldmacher

GoBerkeley SmartSpace Parking Pilot

28. Jean H.

Banning Gendered Language

29. Jo Foley

Rapid Rehousing Funding

30. Diana Bohn

November Newsletter

31. Eden I&R

East Bay Community Energy

32. Board of Directors Agenda

Climate Change

33. Thomas Lord

Housing Crisis

34. JE
Supplemental Communications and Reports 1
Item #44: FY 2021 Year-End and FY 2022 First Quarter Budget Update

35. Revised material, submitted by City Manager

36. Elizabeth Dillon

37. Catherine Betts

38. Joshua Miller

39. Leslie Roulias

40. Rachel Gold

41. Norman Gold

42. Mari Vlastos

43. Brick Conway

44. Liz Grubin

45. EJ Holowicki

Page 42 of 46 ends

52 Tuesday, December 14, 2021 MINUTES Page 24

46. Simona Nass

47. Niccole Blanchet

48. Jessica Jennings

49. Phoebe Tussey

Item #45: Amendment: FY 2022 Annual Appropriations Ordinance

50. Joe Rapoza

51. Julia Goodman

52. Tanya Stiller

53. Michael Rodriguez

54. Susan Black

55. Regina Fletcher

56. 20 similarly-worded form letters

Supplemental Communications and Reports 2
Item #16: Contract: Statewide and Early Intervention Project Participation Agreement – California Mental Health Services Authority

57. Supplemental material, submitted by Health, Housing and Community Services Department

Item #35: Commit the City of Berkeley to a Just Transition from the Fossil Fuel Economy

58. Supplemental material, submitted by Councilmember Taplin

59. Christina Bucey, Greenfire Law, PC

Item #44: FY 2021 Year-End and FY 2022 First Quarter Budget Update

60. Revised material, submitted by the City Manager’s Office

61. Supplemental material, submitted by the Mayor

62. Angie Garling

63. Sheridan Pauker

64. Alfred Twu

65. Homeless Commission

66. Nathan Tsuizaki

67. Jason Spangenthal

68. Amy Petersen

69. Timothy Burroughs

70. Paku Khan

71. Chizu Hamada

72. Phyllis Stowell

73. Ben Werner

Page 43 of 46 ends

53 Tuesday, December 14, 2021 MINUTES Page 25

74. Carolyn Werner

75. Shelley Golomb

76. John Sterns

77. Jacalyn Thompson

78. Beth Rhine

Item #45: Amendment: FY 2022 Annual Appropriations Ordinance

79. 14 similarly-worded form letters

80. Brian LaFranchi

81. Frances Haselsteiner

82. Lauren Salvo

83. Sam Kang

Item #46: Response to City Council Action on October 26, 2021 regarding Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance

84. Supplemental material, submitted by Councilmember Kesarwani

85. Debra Sanderson

Item #47: Response to City Council Action on October 26, 2021 regarding Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance to Address Public Safety Concerns

86. Revised material, submitted by Planning and Development Department

Supplemental Communications and Reports 3
Item #7: City of Berkeley’s 2022 State and Federal Legislative Platform

87. Supplemental material, submitted by the Mayor

Item #44: FY 2021 Year-End and FY 2022 First Quarter Budget Update

88. Paul Preston

89. David Williamson

90. Laurie Nardinelli

91. Andrea Mullarkey

92. Leah Zoller

93. Kira Deutch

94. Mary Zernicke

95. Ira Serkes

96. Dennis Weikel

97. Pat Hill

98. Stephen Jahn

99. Yuri Murphy
100. Kathryn Murphy
101. Frances Haselsteiner
102. Jane Scantlebury
103. Robbin Henderson

Page 44 of 46 ends

54 Tuesday, December 14, 2021 MINUTES Page 26

104. William Springer
105. Allie Pape
106. Elisa Mikiten
107. Angad Bhalla
108. Akiko Minaga
109. Jen Antonuccio
110. Michael Dillingham
111. Doug Woos
112. Linda Franklin (3)
113. Tonette Vazquez
114. Igor Tregub, on behalf of the Sierra Club
115. Holly Scheider
116. Terri Saul
117. Alfred Twu
118. Mark Misoshnik
119. Zoe Stahl
120. Kasey Harboe
121. Beth Auclair
122. Izzy Meckler
123. Kathy Dervin, on behalf of 350 East Bay
124. Anita Ayers
125. Juli Dickey
126. Tome Luce

Item #45: Amendment: FY 2022 Annual Appropriations Ordinance 127. Revised material, submitted by the City Manager’s Office 128. Michelle Schurig
129. Carol Cho
130. Debra and David Summers
131. Greg Martin
132. Arabelle Mailinis
133. hakiah@

Item #47: Response to City Council Action on October 26, 2021 regarding Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance to Address Public Safety Concerns
134. Steven Segal
135. Lisa Goodman
136. Robert Sonderegger and Joanna Moss
137. George Porter
138. Robert Sonderegger
139. Catherine Lazio

Item #48: Ratification of Police Accountability Board’s Standing Rules 140. Supplemental material, submitted by the Mayor

Page 45 of 46 ends

55 Tuesday, December 14, 2021 MINUTES Page 27

Miscellaneous
141. Presentation on Homeless Response Team, submitted by the City Manager

Page 46 of 46 ends

56 Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
January 25, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing & Community Services Subject: Revenue Contract: The Center at Sierra Health Foundation for $90,999.50 for Information Technology Equipment, Telehealth Licenses, and Personal Protective Equipment

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to apply for funding provided by the California Department of Health Care Services (DHCS) through the Behavioral Health Telehealth Request for Applications and accept the funding and execute any resultant revenue agreements and amendments to purchase information technology equipment, telehealth software licenses, and personal protective equipment up to $90,999.50 in FY 2022 and FY 2023.

FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley will receive funds up to the amount of $90,999.50 from the Center at Sierra Health Foundation for the purchase of information technology (IT) equipment, telehealth software licenses, and personal protective equipment for the provision of mental health services. The funds for this contract will be deposited and expensed from the One-Time Grant: No Capital Fund, ERMA revenue GL Code 336-51-503-520-0000- 000-000-432390- (FUND$ Code 421-4401-331-40-93and will be appropriated in a future amendment to the Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
The Health, Housing and Community Services Department (HHCS) applied for the grant funds and received notification that it had been awarded $90,999.50 in funding. The funding is restricted for use in providing IT equipment and telehealth software licenses for mental health staff. The grant funding will allow HHCS to offset costs for IT due to the COVID-19 pandemic, and will support staff in providing mental health services remotely. The grant will fund the purchase of laptops, monitors, sound cancelling headsets, and Zoom Telehealth licenses. The Telehealth grant is a Strategic Plan Priority Project, advancing our goal to champion and demonstrate social and racial equity.

Page 1 of 3 ends

57 Authorizing Contract to Receive $90,999.50 for Information Technology CONSENT CALENDAR Equipment, Telehealth Licenses, and Personal Protective Equipment January 25, 2022

Page 2 ends

BACKGROUND
During the COVID-19 Pandemic, HHCS’ Mental Health Division (MH) has shifted many services to telehealth through phone or Zoom for everyone’s protection. MH identified this opportunity for related funding and applied. On November 30, 2021, the Center at Sierra Health Foundation awarded the City $90,999.50 for certain costs associated with providing telehealth services.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
These funds will support the City’s ability to provide services for individuals with Medi- Cal or no insurance who have mental health service needs in Berkeley. Providing safe and equitable access to essential health services is a key purpose of HHCS. The funding provided in this agreement will offset expected costs during the COVID-19 pandemic.

ALTERNATIVE ACTIONS CONSIDERED
No alternatives consistent with the City’s goal of providing equitable mental health services were identified.

CONTACT PERSON
Steven Grolnic-McClurg, Manager of Mental Health Services, (510) 981-5290 Attachments:
1: Resolution

Page 2 of 3 ends

58 RESOLUTION NO. ##,###-N.S.

REVENUE CONTRACT: THE CENTER AT SIERRA HEALTH FOUNDATION FOR

INFORMATION TECHNOLOGY EQUIPMENT, TELEHEALTH LICENSES, AND

PERSONAL PROTECTIVE EQUIPMENT
WHEREAS, the Department of Health Care Services issued a Behavioral Health Telehealth Request for Applications administered by The Center at Sierra Health Foundation; and

WHEREAS, the Mental Health Division of the Health, Housing and Community Services Department will incur costs for Internet Technology Equipment to provide needed services during the COVID-19 Pandemic; and
WHEREAS, applying for and accepting funding provided through the Behavioral Health Telehealth Request for Applications will assist the Mental Health Division acquire information technology equipment, telehealth licenses, and personal protective equipment; and
WHEREAS, the Center at Sierra Health Foundation has awarded the City of Berkeley $90,999.50 for the purchase of Internet Technology Equipment and Personal Protective Equipment after receiving an application for this funding.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council approves the following: The City Manager or her designee is hereby authorized to submit an application for funding from the Center at Sierra Health Foundation, accept the funding, and execute any resultant revenue agreements and amendments to purchase internet technology equipment, telehealth software licenses and personal protective equipment in the projected amount of $90,999.50 total in Fiscal Year 2022 and Fiscal Year 2023. The funds for this contract will be deposited and expensed from the One-Time Grant: No Capital Fund (ERMA revenue GL Code 336-51-503-520-0000-000- 000-432390- (FUND$ Code 421-4401-331-40-93), and will be appropriated in a future amendment to the Annual Appropriations Ordinance. A signature copy of said documents, agreements and any amendments shall be on file in the office of the City Clerk.

Page 3 of 3 ends

59 60
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
January 25, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Donald Ellison, Interim Director of Human Resources Subject: 2022 Fee Assessment – State of California Self-Insurance Fund (Workers’ Compensation Program)

RECOMMENDATION
Adopt a Resolution authorizing payment to the State of California Department of Industrial Relations for Fiscal Year 2022 for administering the Workers’ Compensation Program, in an amount not to exceed $268,093.55.

FISCAL IMPACTS OF RECOMMENDATION
The annual fee assessed by the Department of Industrial Relations for Fiscal Year 2022 is $268,093.55. The 2022 invoice amount is calculated based on the direct workers’ compensation premiums reported to the Department of Insurance for total indemnity benefits. Funding for this annual fee is included in the Workers’ Compensation Self- Insurance Fund, Budget Code 676-99-900-900-0000-000-479-682110- .

BACKGROUND
The State of California Department of Industrial Relations regulates the Workers’ Compensation Insurance Industry. Under California Labor Code Sections 62.5 and 62, every year, each City is assessed a fee by the Department of Industrial Relations to support the administration of the State’s Workers’ Compensation Program. The assessments provide a stable funding source to support court operations to resolve claims more quickly, improve the overall operation of the state workers’ compensation system; to ensure safe and healthy working conditions on the job; including enforcement of labor standards and requirements for workers’ compensation coverage.

Labor Code Sections 62.5 and 62.6 require allocation of the total assessment between insured and self-insured employers in proportion to payroll for the most recent year available. The City’s total assessment is calculated by multiplying Self-Insured Employer Assessment Factors for each assessment by the total indemnity paid by the City.

This year’s assessment is associated with a number of administrative costs. The agency uses these assessments to support the operations of the courts by pursuing employers who break employment laws; enforcement of labor standards, and workplace safety across the state.

Page 1 of 13 ends

61 Fee Assessment - State of California Self-Insurance Fund CONSENT CALENDAR (Workers’ Compensation Program) January 25, 2022

Page 2 ends

The 2022 fee assessment has increased from FY 2020-2021. FY 2020-2021 the City paid $235,979.19 in fees. The increase for FY 2021-2022 is $32,114.36.

The largest assessment factor this year is the Workers’ Compensation Subsequent Injuries Benefits Trust Fund Assessment (SIBTF). This fund pays for additional compensation to injured workers who already had a disability or impairment at the time of injury.

The City’s share is calculated by multiplying the six self-insured employer assessment factors listed below by the total indemnity paid in the previously reported fiscal year. For fiscal year 2020-2021, the City reported to the Office of Self-Insurance Plans annual program statistics which include indemnity costs. The total City paid indemnity cost for 2020-2021 was $3,049,525.

The City’s share for the Fiscal Year 2022 assessment authorized under Labor Code Sections 62.5 and 62.6 for our self-insurance plan will be broken down as follows:

I. Workers’ Compensation Administration Revolving Fund Assessment II. Uninsured Employers Benefits Trust Fund Assessment
III. Subsequent Injuries Benefits Trust Fund Assessment IV. Occupational Safety and Health Fund Assessment
V. Workers’ Compensation Fraud Account Assessment
VI. Labor Enforcement and Compliance Fund

ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental effects or opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
Required annual funding is for the State of California, Department of Industrial Relations.

ALTERNATIVE ACTIONS CONSIDERED
None. This is a state-mandated fee assessment.

CONTACT PERSON
Donald Ellison, Interim Director of Human Resources, 981-6807 July Cole, Associate Human Resources Analyst, 981-6816
Attachments:
1: Resolution

2. Invoice

Page 2 of 13 ends

62 Fee Assessment - State of California Self-Insurance Fund CONSENT CALENDAR (Workers’ Compensation Program) January 25, 2022

Page 3 ends

3. State of California Fiscal year 2021-2022 Assessments

Page 3 of 13 ends

63 RESOLUTION NO. ##,###-N.S.

AUTHORIZING PAYMENT TO THE STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS FOR FISCAL YEAR 2022 FEES IN AN AMOUNT NOT TO EXCEED $268,093.55 (WORKERS’ COMPENSATION PROGRAM)
WHEREAS, the City of Berkeley is Self-Insured for Workers’ Compensation since 1979; and
WHEREAS, the Workers’ Compensation Insurance Industry is administered and regulated by the State of California, Department of Industrial Relations; and WHEREAS, the State of California, under California Labor Code Section 62.5 and 62.6, authorizes the Department of Industrial Relations to assess fees to employers for costs of administering the Workers’ Compensation Program; and WHEREAS, the City of Berkeley is assessed each year by the Department of Industrial Relations to support the state program; and
WHEREAS, for Fiscal Year 2022, the City’s share of assessments authorized by Labor Code Sections 62.5 and 62.6 is not expected to exceed $268,093.55; and WHEREAS, funds are available in the current budget in the Workers’ Compensation Fund, budget code676-99-900-900-0000-000-479-682110-.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to pay the State of California, Department of Industrial Relations, Self-Insurance Plans invoice for Fiscal Year 2022 for Workers’ Compensation Administration Revolving Fund Assessment; Uninsured Employers Benefits Trust Fund Assessment; Subsequent Injuries Benefits Trust Fund Assessment; Occupational Safety and Health Fund Assessment; Labor Enforcement and Compliance Fund; and Workers’ Compensation Fraud Account Assessment in an amount not to exceed $268,093.55.

Page 4 of 13 ends

64 The letter establishing the assessment factors and methodology used for calculation are available on the OSIP website at 7149Certificate No.:
69293Invoice Number:
$ 2,530,259
$ 0.00
December 1, 2021

0.031386

0.008178
December 31, 2021
$ 79,414.70
$ 20,692.45
$ 0.00
$ 0.00
$ 2,530,259
$ 2,530,259

0.034845

0.002301
$ 88,166.87
$ 5,822.12
$ 268,093.55
$ 2,530,259
Department of Industrial Relations INVOICE
Invoice Date:

Due Date:

Federal Tax ID.: 94-3160882
Customer Information:

Billing Address: Send Payment To:

Company: Department Of Industrial Relations
Name: Office of Self Insurance Plans
Address:

City/State/Zip
Company:

Address:

City/State/Zip
Name:

City of Berkeley
July Cole
2180 Milvia Street, 1st Floor, Human Resource
Berkeley, CA 94704
Terms: Due and payable within 30 days
Factor Assessment DueAssessment for fiscal year July 1, 2021 through June 30, 2022 using 2020 / 2021 Public Annual Report
Workers' Compensation Administration Revolving Fund Assessment (WCARF)
Uninsured Employers Benefits Trust Fund Assessment (UEBTF)

Subsequent Injuries Benefits Trust Fund Assessment (SIBTF)

0.016639 Occupational Safety and Health Fund Assessment (OSHF)

$ 2,530,259
$ 42,100.97
Workers's Compensation Fraud Account Assessment (FRAUD)

License Fee Assessment:

Base Fee (determined by total number of employees)
Additional Location Fee (No. of Locations)
Per Capita Employee Charge (# of ee's * )
License Fee Assessment
Subtotal:

Balance Due:

Notes:
0 $ 268,093.55
$ 0.00
Invoice Totals:

Amount Paid:

Office of Self-Insurance Plans
11050 Olson Drive, Suite 230
Rancho Cordova,CA 95670
(916) 464-7000
Fax: (916) 464-7007
11050 Olson Drive, Suite 230
Rancho Cordova,CA 95670

0.012606 Labor Enforcement and Compliance Fund (LECF) $ 2,530,259 $ 31,896.44 OSIP
For : City of Berkeley
OSIP
You can also make an electronic funds transfer(EFT)payment online at http://www.dir.ca.gov/osip It is very important to enter the correct invoice number when making an online payment. http://sip.dir.ca.go
Paid Indemnity (Line4
minus Line11 on the annual
report)

Page 5 of 13 ends

65 GAVIN N EWSOM, Governor STATE OF CALIFORNIA

DEPARTMENT OF INDUSTRIAL RELATIONS
Office of the Director
1515 Clay Street, Suite 2208
Oakland, CA 94612
Tel: (510) 286-7087 Fax: (510) 622-3265
DATE: November 29, 2021
TO: Califo
rnia Self-Insured Employer
FROM: Katr
ina S. Hagen, Director, Department of Industrial Relations

SUBJECT
: Fiscal Year 2021/2022 Assessments:
• Workers’ Compensation Administration Revolving Fund (WCARF) • Uninsured Employers Benefits Trust Fund (UEBTF)
• Subsequent Injuries Benefits Trust Fund (SIBTF)
• Occupational Safety and Health Fund (OSHF)
• Labor Enforcement and Compliance Fund (LECF)
• Workers’ Compensation Fraud Account (FRAUD)
Labor C
ode Sections 62.5 and 62.6 authori ze the Department of Industrial Relations to assess employers for the costs of the administration of the workers’ compensation, health and safety and labor standards enforcement programs. These assessments provide a stable funding source to the support op erations of the courts, to ensure safe and healthy working conditions on the job, to ensure the enforcement of labor standards and requirements for workers’ compensation coverage.

The purpos
e of this letter is to inform you that you will be receiving an invoice for your share of the assessments authorized by Labor Code Sections 62.5 and 62.6. The Labor Code requires allocation of the total assessment between insured and self- insured employers in proportion to payroll for the most recent year available
Authority
Type Total
Assessment for
all Payers
2022 Self-
Insured
Employer
Assessment
Factor
Labor Code
§ 62.5
Workers’ Compensation Administration
Revolving Fund Assessment (WCARF) $562,924,500 0.031386 Labor Code
§ 62.5
Uninsured Employers Benefits Trust Fund
Assessment (UEBTF) $52,692,900 0.002301
Labor Code
§ 62.5
Subsequent Injuries Benefits Trust Fund
Assessment (SIBTF) $372,069,914 0.034845
Labor Code
§ 62.5
Occupational Safety and Health Fund
Assessment (OSHF) $168,104,708 0.016639
Labor Code
§ 62.5
Labor Enforcement and Compliance Fund
Assessment (LECF) $143,662,000 0.012606
Labor Code
§ 62.6
Workers’ Compensation Fraud Account
Assessment (FRAUD) $77,909,442 0.008178

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66 Attached is a worksheet detailing the method ology used to compute the Workers’ Compensation Administration Revolving Fund, Uninsured Employers Benefits Trust Fund, Subsequent Injuries Trust Fund, Occupational Safety and Health Fund, Labor, Labor Enforcement and Compliance Fund allocation and Workers’ Compensation Fraud Account Assessment and to allocate the assessment between insured and self-insured employer.

Your share of the various assessments will be calculated by multiplying the self -insured employer assessment factors for each assessment by the total indemnity paid by your organization.

If you have any questions, please contact the Office of Self-Insurance Plans in Sacramento at (916)464-7000.

Sincerely,

Katrina S. Hagen
Director

Enclosure

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67 Step 1: Determine Total Assessments Required for 2021-2022 Workers' Compensation Administration Revolving Fund Assessment (Labor Code § 62.5)……………………… Total Assessment Required……………………………
Fund Balance……………………………………………….

Insured Over/Undercollection…………………………
Self-Insured Over/Undercollection…………………………
Uninsured Employers Benefits Trust Fund Assessment (Labor Code § 62.5)……………………………………… Total Assessment Required…………………………….

Fund Balance……………………………………………….

Insured Over/Undercollection…………………………
Self-Insured Over/Undercollection…………………………
Subsequent Injuries Benefits Trust Fund Assessment (Labor Code § 62.5)……………………………………… Total Assessment Required…………………………
Fund Balance…………………………………………
Insured Over/Undercollection…………………………
Self-Insured Over/Undercollection…………………………
Occupational Safety and Health Fund Assessment (Labor Code § 62.5)………………………………………… Total Assessment Required…………………………
Fund Balance…………………………………………
Insured Over/Undercollection…………………………
Self-Insured Over/Undercollection…………………………
Labor Enforcement and Compliance Fund Assessment (Labor Code § 62.5)……………………………………… Total Assessment Required…………………………
Fund Balance…………………………………………
Insured Over/Undercollection…………………………
Self-Insured Over/Undercollection…………………………
Workers' Compensation Fraud Account Assessment (Labor Code § 62.6)………………………………………… The workers' compensation fraud account assessment is established by the Department of Insurance, Fraud Commission.

Total Assessment Required……………………………….

Fund Balance………………………………………..

Insured Over/Undercollection…………………………
Self-Insured Over/Undercollection…………………………
$2,614,421
$916,195
$77,909,442
$7,528,045
$143,662,000
(1.6) $77,909,442
$77,909,442
($3,530,616)
Fund balance amounts reflect the best available information for use in decision-making for this assessment. Additional review and reconciliation will occur on an ongoing basis and adjustments will be made to future assessments as necessary.*
$168,104,708
(1.5) $143,662,000
$143,662,000
($29,009,809)
$21,481,764
(1.4) $168,104,708
$168,104,708
($16,777,646)
$12,423,847
$4,353,799
$372,069,914
($55,157,868)
$40,844,401
$14,313,467
$372,069,914
$52,692,900
($31,766,464)
$23,523,067
$8,243,398
$52,692,900
California Department of Industrial Relations
2021-2022 Workers' Compensation Administration Revolving Fund Assessment, Uninsured Employers Benefits Trust Fund Assessment,
Subsequent Injuries Benefits Trust Fund Assessment,
Occupational Safety and Health Fund Assessment,
Labor Enforcement and Compliance Fund Assessment and
(1.3)
($277,472,686)
$205,468,524
$72,004,162
$562,924,500
(1.2) $52,692,900
Workers' Compensation Fraud Account Assessment

METHODOLOGY
(1.1) $562,924,500
$562,924,500
$372,069,914
Labor Code Sections 62.5 and 62.6 require the Department of Industrial Relations to levy the total amounts of the Workers' Compensation Administration Revolving Fund Assessment, Uninsured Employers Benefits Trust Fund Assessment, Subsequent Injuries Trust Fund Assessment, Occupational Safety and Health Fund Assessment, Labor Enforcement and Compliance Fund Assessment and Workers' Compensation Fraud Account Assessment between insured employers and self-insured employers in proportion to payroll paid in the most recent year for which information is available.

Page 1 of 6 ends

Page 8 of 13 ends

68 California Department of Industrial Relations
2021-2022 Workers' Compensation Administration Revolving Fund Assessment, Uninsured Employers Benefits Trust Fund Assessment,
Subsequent Injuries Benefits Trust Fund Assessment,
Occupational Safety and Health Fund Assessment,
Labor Enforcement and Compliance Fund Assessment and
Workers' Compensation Fraud Account Assessment
Step 2: Determine Payroll Amounts
Total payroll for insured employers…………………………………………………………………………… Source: California Workers' Compensation Insurance Rating Bureau (WCIRB) policy year 2019 Payroll for self-insured employers …………………………………………………………………………… 1 2020-21 Fiscal Year for Public Sector* ……………...……………
2020 for Private Sector……………………………………..
* Source: Department of Industrial Relations, Office of Self-Insurance Plans (excludes State of California) Payroll for State of California (including SCIF)**…………………………………………………………… * Source: Department of Industrial Relations, Office of Self-Insurance Plans (excludes State of California) Total payroll for self-insured employers………………………………………………………….. 2 Total combined payroll…………………………………………………………………………… 3
(Insured and self-insured employers)
Insured Employers:

Self-Insured Employers:
1  Payroll for Self-Insured Employersof MethodologySection andMethodology Section 2  Total Payroll for Self-Insured Employersof MethodologySection andMethodology Section 3  Total Combined Payroll of MethodologySection andMethodology Section Calculation for Insured Employers:
 ( WCARF Assessment) X= X ……………………………
 INCREASED by credits due individual insurers which undercollected against previous advances [ CCR § 15609]…………………………………………………………………………………………………………………  DECREASED by insurer overcollection [pursuant to CCR § 15606(f)]…………………………………………………………… Resulting Final Insured Employers Workers' Compensation User Funding Assessment…………………………………… Calculation for Self-Insured Employers:
 ( WCARF Assessment) X = X ………………………
 DECREASED by the Self-Insurer overcollection from prior year……………………………………………………..

Resulting Final Self-Insured Employers Workers' Compensation User Funding Assessment……………………………… ($72,004,162)
(4.2) $74,074,746
($205,468,524)
(4.1) $271,807,943

25.95% $562,924,500 25.95% $146,078,908
Workers' Compensation Administration Revolving Fund Assessment

74.05% $562,924,500 74.05% $416,845,592
$60,430,875
= 25.95%
Total Combined Payroll Methodology Section (2.5) $1,104,102,733,437 Step 4: Determine the Total Assessments for Insured and Self-Insured Employers

74.05%
Total Combined Payroll Methodology Section (2.5) $1,104,102,733,437 (3.2)
Self-Insured Employer Payroll = Methodology Section (2.4) = $286,481,958,776 Insured Employer Payroll
= Methodology Section (2.1) = $817,620,774,661 =
(2.4) $286,481,958,776
(2.5) $1,104,102,733,437
Step 3: Calculate Proportional Payroll for Insured and Self-Insured Employers
(3.1)
(2.2.1) $139,945,939,165
(2.2.2) $126,385,149,314
(2.3) $20,150,870,297
(2.1) $817,620,774,661
(2.2) $266,331,088,479

Page 2 of 6 ends

Page 9 of 13 ends

69 California Department of Industrial Relations
2021-2022 Workers' Compensation Administration Revolving Fund Assessment, Uninsured Employers Benefits Trust Fund Assessment,
Subsequent Injuries Benefits Trust Fund Assessment,
Occupational Safety and Health Fund Assessment,
Labor Enforcement and Compliance Fund Assessment and
Workers' Compensation Fraud Account Assessment
Calculation for Insured Employers:
 X = X ………………………………
 INCREASED by credits due individual insurers which undercollected against previous advances [ CCR § 15609]…………………………………………………………………………………………………………………  DECREASED by insurer overcollection [pursuant to CCR § 15606(f)]…………………………………………………………… Resulting Final Insured Employers UEBT Fund Assessment…………………………………………..

Calculation for Self-Insured Employers:
 X = X ………………………………
 DECREASED by the Self-Insurer overcollection from prior year……………………………………………………..

Resulting Final Self-Insured Employers UEBT Fund Assessment…………………………………………..

Calculation for Insured Employers:
 X = X …………………………
 INCREASED by credits due individual insurers which undercollected against previous advances [ CCR § 15609]……………………………………………………………………………………………………………… …
 DECREASED by insurer overcollection [pursuant to CCR § 15606(f)]…………………………………………………………… Resulting Final Insured Employers SIBT Fund Assessment…………………………… Calculation for Self- Insured Employers:
 X = X ………………………………
 DECREASED by the Self-Insurer overcollection from prior year……………………………………………………..

Resulting Final Self-Insured Employers SIBT Fund Assessment…………………………………………..

Calculation for Insured Employers:
 X = X …………………………
 INCREASED by credits due individual insurers which undercollected against previous advances [ CCR § 15609]……………………………………………………………………………………………………………… …
 DECREASED by insurer overcollection [pursuant to CCR § 15606(f)]…………………………………………………………… Resulting Final Insured Employers OSH Fund Assessment…………………………………………..

Calculation for Self- Insured Employers:
 X = X ………………………………
 DECREASED by the Self-Insurer overcollection from prior year……………………………………………………..

Resulting Final Self-Insured Employers OSH Fund Assessment…………………………………………..

Calculation for Insured Employers:
 X = X …………………………
 INCREASED by credits due individual insurers which undercollected against previous advances [ CCR § 15609]……………………………………………………………………………………………………………… …
 DECREASED by insurer overcollection [pursuant to CCR § 15606(f)]…………………………………………………………… Resulting Final Insured Employers LEC Fund Assessment…………………………………………..

Calculation for Self- Insured Employers:
 X = X ………………………………
 DECREASED by the Self-Insurer overcollection from prior year……………………………………………………..

Resulting Final Self-Insured Employers LEC Fund Assessment………………………………………….. ($7,528,045)
(4.10) $29,752,244
$15,244,055
($21,481,764)
(4.9) $100,144,002
(LECF Assessment) 25.95% $143,662,000 25.95% $37,280,289 ($4,353,799)
(4.8) $39,269,373
Labor Enforcement and Compliance Fund (LECF) Assessment (LECF Assessment) 74.05% $143,662,000 74.05% $106,381,711 $17,335,821
($12,423,847)
(4.7) $129,393,510
(OSHF Assessment) 25.95% $168,104,708 25.95% $43,623,172 ($14,313,467)
(4.6) $82,238,676
Occupational Safety and Health Fund (OSHF) Assessment
(OSHF Assessment) 74.05% $168,104,708 74.05% $124,481,536 $11,380,941
($40,844,401)
(4.5) $246,054,311
(SIBTF Assessment) 25.95% $372,069,914 25.95% $96,552,143 ($8,243,398)
(4.4) $5,430,410
Subsequent Injuries Benefits Trust (SIBT) Fund Assessment (SIBTF Assessment) 74.05% $372,069,914 74.05% $275,517,771 $5,013,991
($23,523,067)
(4.3) $20,510,017
(UEBTF Assessment) 25.95% $52,692,900 25.95% $13,673,808 Uninsured Employers Benefits Trust (UEBT) Fund Assessment (UEBTF Assessment ) 74.05% $52,692,900 74.05% $39,019,092

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70 California Department of Industrial Relations
2021-2022 Workers' Compensation Administration Revolving Fund Assessment, Uninsured Employers Benefits Trust Fund Assessment,
Subsequent Injuries Benefits Trust Fund Assessment,
Occupational Safety and Health Fund Assessment,
Labor Enforcement and Compliance Fund Assessment and
Workers' Compensation Fraud Account Assessment
Calculation for Insured Employers:
 X = X …………………………
 INCREASED by credits due individual insurers which undercollected against previous advances [pursuant to CCR § 15609]…………………………………………………………………………………………………  DECREASED by insurer overcollection [pursuant to CCR § 15606(f)]…………………………………………………………… Resulting Final Insured Employers Workers' Compensation Fraud Account Assessment..

Calculation for Self- Insured Employers:
 X= X
 DECREASED by the Self-Insurer overcollection from prior year……………………………………………………..

Resulting Final Self-Insured Employers Workers' Compensation Fraud Account Assessment……………………………… Calculation for Insured Employers:
*Estimated Premium (Source: WCIRB estimate for 2021 Policy Year) Calculation for Self-Insured Employers:
** SOURCE : Dept. of Industrial Relations, Office of Self-Insurance Plans [ of Methodology Sections (5.2.1) to (5.2.3)]:
2020-21 Public Sector……………………………………………………….
2020 Private Sector………………………………………………………………
2020-21 State of California………………………………………………………..

Calculation for Insured Employers:

Total Insured Employers Assessment
*Estimated Premium (Source: WCIRB estimate for 2021 Policy Year) Calculation for Self-Insured Employers:
** SOURCE : Dept. of Industrial Relations, Office of Self-Insurance Plans [ of Methodology Sections (5.2.1) to (5.2.3)]:

Calculation for Insured Employers:
*Estimated Premium (Source: WCIRB estimate for 2021 Policy Year) Calculation for Self-Insured Employers:
** SOURCE : Dept. of Industrial Relations, Office of Self-Insurance Plans [ of Methodology Sections (5.2.1) to (5.2.3)]:
(5.6)
Total Self-Insured Employer Assessment = $82,238,676 = 0.034845 Total Amt. of Workers' Comp. Indemnity Pd.** $2,360,103,569 Subsequent Injuries Benefits Trust (SIBT) Fund Assessment Factor (5.5)
Total Insured Employers Assessment = $246,054,311 = 0.017451 Total Direct Workers' Compensation* $14,100,000,000
(5.4)
Total Self-Insured Employer Assessment = $5,430,410 = 0.002301 Total Amt. of Workers' Comp. Indemnity Pd ** $2,360,103,569 Uninsured Employers Benefits Trust (UEBT) Fund Assessment Factor (5.3)
=
$20,510,017
= 0.001455
Total Direct Workers' Compensation* $14,100,000,000
(5.2.1) $1,465,499,943
(5.2.2) $637,670,804
(5.2.3) $256,932,822
(5.2)
Total Self-Insured Employer Assessment = $74,074,746 = 0.031386 Total Amt. of Workers' Comp. Indemnity Pd** $2,360,103,569 Total Insured Employers Assessment = $271,807,943 = 0.019277Total Direct Workers' Compensation* $14,100,000,000 ($916,195)
(4.12) $19,301,305
Step 5: Calculate the Assessment Factors
Workers' Compensation Administration Revolving Fund Assessment Factor (5.1)
$13,392,817
($2,614,421)
(4.11) $68,470,338
(Fraud Assessment) 25.95% $77,909,442 25.95% $20,217,500 Workers' Compensation Fraud Account Assessment
(Fraud Assessment) 74.05% $77,909,442 74.05% $57,691,942

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71 California Department of Industrial Relations
2021-2022 Workers' Compensation Administration Revolving Fund Assessment, Uninsured Employers Benefits Trust Fund Assessment,
Subsequent Injuries Benefits Trust Fund Assessment,
Occupational Safety and Health Fund Assessment,
Labor Enforcement and Compliance Fund Assessment and
Workers' Compensation Fraud Account Assessment
Calculation for Insured Employers:
*Estimated Premium (Source: WCIRB estimate for 2021 Policy Year) Calculation for Self-Insured Employers:
** SOURCE : Dept. of Industrial Relations, Office of Self-Insurance Plans [ of Methodology Sections (5.2.1) to (5.2.3)]:

Individual Insured Employers:
] X Employer's Expected Assessable Premium*
Calculation for Individual Self‐Insured Employers:
] X Total Indemnity Paid by the Employer
Individual Insured Employers:
] X Employer's Expected Assessable Premium*
Calculation for Individual Self‐Insured Employers:
] X Total Indemnity Paid by the Employer
Step 7: Determine Individual Employers Uninsured Employers Benefits Trust (UEBT) Fund Assessment
(7.1)
Assessment Factor [ 0.001455
(7.2)
Assessment Factor [ 0.002301
Step 6: Determine Individual Employer's Workers' Compensation Administration Revolving Fund Assessment
(6.1)
Assessment Factor [ 0.019277
(6.2)
Assessment Factor [ 0.031386
(5.12)
Total Self-Insured Employer Surcharge = $19,301,305 = 0.008178 Total Amt. of Workers' Comp. Indemnity Pd.** $2,360,103,569 Workers' Compensation Fraud Account Assessment Factor
(5.11)
Total Insured Employer Surcharge = $68,470,338 = 0.004856 Total Direct Workers' Compensation* $14,100,000,000
(5.10)
Total Self-Insured Employer Assessment = $29,752,244 = 0.012606 Total Amt. of Workers' Comp. Indemnity Pd.** $2,360,103,569 Labor Enforcement and Compliance Fund (LECF) Assessment Factor (5.9)
Total Insured Employers Assessment = $100,144,002 = 0.007102 Total Direct Workers' Compensation* $14,100,000,000
(5.8)
Total Self-Insured Employer Assessment = $39,269,373 = 0.016639 Total Amt. of Workers' Comp. Indemnity Pd.** $2,360,103,569 Occupational Safety and Health Fund (OSHF) Assessment Factor (5.7)
Total Insured Employers Assessment = $129,393,510 = 0.009177 Total Direct Workers' Compensation* $14,100,000,000

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72 California Department of Industrial Relations
2021-2022 Workers' Compensation Administration Revolving Fund Assessment, Uninsured Employers Benefits Trust Fund Assessment,
Subsequent Injuries Benefits Trust Fund Assessment,
Occupational Safety and Health Fund Assessment,
Labor Enforcement and Compliance Fund Assessment and
Workers' Compensation Fraud Account Assessment
Individual Insured Employers:
] X Employer's Expected Assessable Premium*
Calculation for Individual Self‐Insured Employers:
] X Total Indemnity Paid by the Employer
Individual Insured Employers:
] X Employer's Expected Assessable Premium*
Calculation for Individual Self‐Insured Employers:
] X Total Indemnity Paid by the Employer
Individual Insured Employers:
] X Employer's Expected Assessable Premium*
Calculation for Individual Self‐Insured Employers:
] X Total Indemnity Paid by the Employer
Individual Insured Employers:
] X Employer's Expected Assessable Premium*
Calculation for Individual Self‐Insured Employers:
] X Total Indemnity Paid by the Employer
* Assessable Premium
The premium the insured is charged after all rating adjustments (experience rating, schedule rating, premium discounts, expense constants, etc.) except for adjustments resulting from the application of deductible plans, retrospective rating or the return policyholder dividends.

Step 11: Determine Individual Employer's Workers' Compensation Fraud Account Assessment
(11.1)
Assessment Factor [ 0.004856
(11.2)
Assessment Factor [ 0.008178
Step 10: Determine Individual Employers Labor Enforcement and Compliance (LECF) Fund Assessment
(10.1)
Assessment Factor [ 0.007102
(10.2)
Assessment Factor [ 0.012606
Step 9: Determine Individual Employers Occupational Safety and Health (OSHF) Fund Assessment
(9.1)
Assessment Factor [ 0.009177
(9.2)
Assessment Factor [ 0.016639
Step 8: Determine Individual Employers Subsequent Injuries Benefit Trust (SIBT) Fund Assessment
(8.1)
Assessment Factor [ 0.017451
(8.2)
Assessment Factor [ 0.034845

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73 74
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/manager

CONSENT CALENDAR
January 25, 2022

To: Honorable Mayor and Members of the City Council
From: Dee Ridley-Williams, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Grant Application: Land and Water Conservation Fund – Grove Park Renovation Project

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to submit a grant application to the federal Land and Water Conservation Fund (LWCF) in an amount not to exceed 50% of the Grove Park Renovation total project cost of $2.4M.

FINANCIAL IMPLICATIONS
There are sufficient funds in the Measure T1 allocation and the Parks Tax Fund in the amount of $2.4M for the Grove Park Renovation Project. This allocation can be used to leverage grant opportunities such as the Land and Water Conservation Fund (LWCF) grant program that require local matching funds. If awarded, the LWCF grant program will reimburse the City up to 50% of the total project cost.

CURRENT SITUATION AND ITS EFFECTS
This year’s grant application deadline for the state’s Land and Water Conservation Fund (LWCF) grant program for parks improvement projects is in February of 2022. The City has identified $2.4M in Measure T1 and Parks Tax Funds for the Grove Park Renovation Project. Grant award decisions are expected in the summer of 2022, the NEPA environmental review approval is expected by 2023 at which time the project can commence.

BACKGROUND
In 2021, after a year-long community engagement process, the City completed the conceptual designs for the Grove Park Renovation Project, which includes improvements to the sports field and the playground. The City will commence with the design process in 2022 and construction in 2024.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
All parks improvement construction projects are required to comply with the City of Berkeley Climate Action Plan, specifically in terms of reducing construction waste, as well as environmentally preferred purchasing guidelines to reduce waste and increase the use of renewable resources.

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75 Grant Application: Land and Water Conservation Fund -- CONSENT CALENDAR Grove Park Renovation Project January 25, 2022

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RATIONALE FOR RECOMMENDATION
The allocation of local funds for parks improvement projects allows the City to apply for grant opportunities that require significant local matching funds.

CONTACT PERSON
Evelyn Chan, Supervising Civil Engineer, Parks, Recreation & Waterfront, 981-6703 Attachments
1: Resolution

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76 RESOLUTION NO. –N.S.

APPROVING THE APPLICATION FOR LAND AND WATER CONSERVATION FUND

GROVE PARK RENOVATION PROJECT
WHEREAS, the Congress under Public Law 88-578 has authorized the establishment of a federal Land and Water Conservation Fund Grant-In-Aid program, providing Matching funds to the State of California and its political subdivisions for acquiring lands and developing Facilities for public outdoor recreation purposes; and WHEREAS, the California Department of Parks and Recreation is responsible for administration of the program in the State, setting up necessary rules and procedures governing Applications by local agencies under the program; and WHEREAS, the Applicant certifies by resolution the approval of the Application and the availability of eligible Matching funds prior to submission of the Application to the State.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Berkeley:

1. Approves the filing of an Application for Land and Water Conservation Fund assistance for the proposed Grove Park Renovation Project.

2. Agrees to abide by Section 6(f)(3) of Public Law 88-578 which states “No property acquired or developed with assistance under this section shall, without the approval of the National Secretary of the Interior, be converted to other than public outdoor recreation uses. The Secretary shall approve such conversion only if he finds it to be in accord with the then existing comprehensive statewide outdoor recreation plan and only upon such conditions as he deems necessary to assure the substitution of other recreation properties of at least equal fair market value and of reasonably equivalent usefulness and location.”

3. Certifies that said agency has Matching funds from eligible source(s) and can finance 100 percent of the Project, which up to half may be reimbursed; and

4. Appoints the City Manager or her designee as agent of the Applicant to conduct all negotiations and execute and submit all documents, including, but not limited to, Applications, Contracts, amendments, payment requests, and compliance with all applicable current state and federal laws which may be necessary for the completion of the aforementioned Project.

BE IT FURTHER RESOLVED THAT, Council authorizes the implementation of the projects and appropriation of funding for related expenses, subject to securing the grant.

BE IT FURTHER RESOLVED THAT, A record signature copy of said agreements and any amendments to be on file in the Office of the City Clerk.

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77 78
Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
January 25, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Contract No. 32000093 Amendment: DC Electric Group, Inc. for On-Call Electronic Traffic Calming Devices Maintenance Project

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32000093 with DC Electric Group, Inc. to increase the current contract by $250,000 for a total not to exceed amount of $500,000 and to remove the $50,000 annual limit.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the current contract is available from the State Transportation Tax Fund (account code 127-54-622-668-0000-000-431-612990), with an annual recurring allocation of $50,000 over 5 years, for a total of $250,000.

Funding for the additional $250,000 will be identified and expended only for the actual services that are required. Therefore, funding will be subject to appropriation in the specific fiscal year that the services are needed.

CURRENT SITUATION AND ITS EFFECTS
DC Electric Group, Inc. was retained under contract 32000093 to maintain existing electronic traffic calming devices and to install new devices at the direction of the City.

The existing contract has a not-to-exceed amount of $250,000 and limits contract expenditures to $50,000 per year, regardless of the funding source used. This annual cap has reduced flexibility and efficiency, as maintenance needs and traffic calming device installation can fluctuate year-by-year and may exceed $50,000 in some years.

Since the original contract was executed there has been an increased need for installation of new traffic calming devices and signal modifications within the City.

Additionally, the Traffic Calming Program was put on hold in 2020 as resources were diverted to the Healthy Streets network, and traffic data for the program could not accurately be collected due to significantly reduced traffic. There is now a backlog of traffic calming requests from 2019, 2020, and 2021 to be processed, and a higher demand for the installation of electronic traffic calming devices over the next couple of years is expected.

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79 Contract No. 32000093 Amendment: DC Electric Group, Inc. for CONSENT CALENDAR On-Call Electronic Traffic Calming Devices Maintenance Project January 25, 2022

Page 2 ends

The proposed increase of $250,000 and removal of the $50,000 annual cap will accelerate project delivery and allow City staff to meet the increasing demand for electronic traffic calming devices.

On-Call Electronic Traffic Calming Devices Maintenance is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
The City of Berkeley has been at the forefront of traffic calming among other cities in the nation, and has taken the initiative to install and experiment with new technologies (including electronic traffic calming devices) to further improve the quality of life and enhance safety for residents and visitors. As a result, the City is responsible for ensuring maintenance of electronic traffic calming devices, including rectangular rapid flashing beacons (RRFBs), pedestrian crossing flashing beacons, and speed feedback signs, and must ensure their operation for pedestrian, bicyclist, and driver safety.

A Request for Proposal (RFP) was issued on June 26, 2019, and four contractors responded to the RFP on July 18, 2019, meeting all requirements of the proposal for On-Call Electronic Traffic Calming Devices Maintenance. Resolution No. 69,086-N.S. authorized the City Manager to execute a contract and any amendments with DC Electric Group, Inc. in an amount not to exceed $250,000 to repair, replace, maintain, and install electronic traffic calming devices for the period of October 16, 2019 to June 30, 2024 with an option for up to three one-year extensions. Contract no. 32000093 was executed on November 4, 2019 for DC Electric Group, Inc. to maintain existing traffic calming devices and to install new devices as authorized by the City.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This contract amendment is consistent with the City’s efforts to improve efficiency of movement of people and vehicles throughout the City’s roadway network. Traffic calming devices are expected to make the City of Berkeley a more pedestrian, bicycle, and transit friendly community thus working to reduce greenhouse gases and pollutants that impact air quality.

RATIONALE FOR RECOMMENDATION
This contract amendment will accelerate project delivery and will allow City staff to meet the increasing demand for electronic traffic calming devices while continuing to maintain the growing electronic traffic calming devices inventory. The City does not have adequate staff, experience, or equipment to keep up with the growing demand for traffic calming devices and signal modifications.

ALTERNATIVE ACTIONS CONSIDERED
Do not amend the contract and delay installation of new electronic traffic calming devices until a time when enough traffic calming projects can be funded and grouped together to be bid competitively.

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80 Contract No. 32000093 Amendment: DC Electric Group, Inc. for CONSENT CALENDAR On-Call Electronic Traffic Calming Devices Maintenance Project January 25, 2022

Page 3 ends

CONTACT PERSON
Farid Javandel, Deputy Director of Public Works, Transportation, (510) 981-7061 Jesse Peoples, Associate Transportation Engineer, Public Works, (510) 981-6416 Attachments:
1: Resolution

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81 RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 32000093 AMENDMENT: DC ELECTRIC GROUP, INC. FOR ON-

CALL ELECTRONIC TRAFFIC CALMING DEVICES MAINTENANCE PROJECT WHEREAS, the City must periodically maintain existing electronic traffic calming devices to ensure that they are in a good operating condition and install new devices for pedestrian, bicyclist, and motorist safety; and
WHEREAS, the City does not have internal recourses or technical expertise to provide the required repair, replacement, maintenance, and installation in a timely or cost- effective manner; and
WHEREAS, an invitation for a Request for Proposal (RFP) was advertised on June 26, 2019, and based on the selection criteria established in the RFP the highest scoring and selected contractor was DC Electric Group, Inc.; and
WHEREAS, Resolution No. 69,086-N.S. authorized the City Manager to execute a contract and any amendments with DC Electric Group, Inc. in an amount not to exceed $250,000 to repair, replace, maintain, and install electronic traffic calming devices for the period of October 16, 2019 to June 30, 2024 with an option for up to three one-year extensions; and
WHEREAS, DC Electric Group, Inc. was retained under contract no. 32000093 for On- Call Electronic Traffic Calming Devices Maintenance; and WHEREAS, due to the increased need for new electronic traffic calming devices and signal modifications, removal of the $50,000 annual limit and an additional $250,000 in contract capacity is necessary to construct improvements in an efficient manner; and WHEREAS, funding for the additional $250,000 will be identified and expended only for the actual services that are required. Therefore, funding will be subject to appropriation in the specific fiscal year that the services are needed.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32000093 with DC Electric Group, Inc. to increase the current contract by $250,000 for a total not to exceed amount of $500,000 and to remove the $50,000 annual limit.

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82 2180 Milvia Street, Berkeley, CA 94704 • Tel: (510) 981-7000 • TDD: (510) 981-6903 • Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager Office of the City Manager

CONSENT CALENDAR
January 25, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland , Director, Department of Public Works Subject: Contract: Glosage Engineering, Inc. for Sanitary Sewer Rehabilitation at Various Locations

RECOMMENDATION
Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project, located on Grizzly Peak Boulevard Backline, Euclid Avenue Backline, Cragmont Avenue Backline, Euclid Avenue, Wildcat Canyon Road, Woodhaven Road, Keeler Avenue, Spruce Street, and Eunice Street; accepting the bid of the lowest responsive and responsible bidder, Glosage Engineering, Inc.; and authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $1,780,859, which includes a 10% contingency of $161,896.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available in the FY 2022 Sanitary Sewer Fund 611-54-623-676-3013-000- 473-665130-PWENSR2203.

Low bid by Glosage......................................................$1,618,963 10% Contingency ................................................................$161,896 Total construction cost $1,780,859

CURRENT SITUATION AND ITS EFFECTS
An Invitation for Bids (Specification. No. 22-11484-C) was released on November 24, 2021 and six non-local bids were received, ranging from a low of $1,618,963 to a high of $2,149,950 (Attachment 3, Bid Results). The engineer's estimate for the project was $2,000,000. Glosage Engineering, Inc. of Richmond, CA was the lowest responsive and responsible bidder with a bid of $1,618,963. Previous work and references for Glosage Engineering, Inc. proved satisfactory, thus staff recommends award of the contract to Glosage Engineering, Inc.

This sanitary sewer project supports the City's Strategic Plan goals of providing state

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83 Contract: Glosage Engineering Inc. for Sanitary Sewer Rehabilitation at Various Locations

CONSENT CALENDAR
January 25, 2022

Page 2 ends

of-the-art, well-maintained infrastructure, amenities, and the goal of protecting the environment.

BACKGROUND
To remain compliant with the September 22, 2014 Consent Decree, the City has implemented a long-term mandated Sanitary Sewer Capital Improvement Program to eliminate sanitary sewer overflows (SSOs) and to reduce storm water infiltration and inflow into the sanitary sewer system. Under this program, the City utilizes a comprehensive asset management approach based on complex and evolving hydrologic and hydraulic modeling and condition assessments to repair, replace, or upgrade the City's portion of the sanitary sewer system. Ultimately, these actions will assist East Bay Municipal Utility District (EBMUD) in their goal of eliminating discharges from their wet weather facilities by the end of 2035.

This is the eighth year of the twenty-two-year Consent Decree program, which stipulates that the City shall perform collection system repair and rehabilitation to control infiltration and inflow.1 This is in support of and in addition to ongoing work previously identified in the City's Sanitary Sewer Management Plan (SSMP) and Asset Management Implementation Plan (AMIP).

This sanitary sewer project is part of the City's ongoing program to rehabilitate or replace its aging sanitary sewer system, and to eliminate potential health hazards to the public. The project is located on Grizzly Peak Boulevard Backline, Euclid Avenue Backline, Cragmont Avenue Backline, Euclid Avenue, Wildcat Canyon Road, Woodhaven Road, Keeler Avenue, Spruce Street, and Eunice Street as shown on the Location Map (Attachment 2). The sanitary sewer collection system in this area needs immediate rehabilitation to prevent pipe failures, sewer blockages, and leakage problems. Field investigations performed using a closed circuit television camera revealed deteriorated piping and pipe defects in the existing sanitary sewer mains. These conditions are similar to problems previously found in other sanitary sewer mains prior to their replacement.

Planned work entails rehabilitation of approximately 4,429 linear feet sanitary sewer mains varying in size from 6-inch to 18-inch diameter; maintenance hole rehabilitation; replacement of 4-inch and 6-inch diameter sanitary sewer laterals; and other related work. To reduce traffic impacts, minimize inconvenience to the public, and reduce cost, a majority of this sanitary sewer rehabilitation work will be performed using the pipe bursting and cured-in-place-pipe methods. These trenchless methods allow replacement of buried pipelines without the need for a traditional open trench construction. These methods of pulling a new high-density polyethylene pipe (HDPE) or a new felt liner through the existing clay and concrete pipes allow for cost savings 1 At an average annual rate of no less than 22,120 feet of sanitary sewer mains on a three-fiscal-year rolling average.

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84 Contract: Glosage Engineering Inc. for Sanitary Sewer Rehabilitation at Various Locations

CONSENT CALENDAR
January 25, 2022

Page 3 ends

and avoid street closures and traffic disruptions caused by open trenches.

The Living Wage Ordinance does not apply to this project as Department of Public Works construction contracts are subject to State prevailing wage laws. Glosage Engineering, Inc. has submitted a Certification of Compliance with the Equal Benefits Ordinance. The Community Workforce Agreement applies to this project because the estimated value of the project exceeds $500,000. As a result, the contractor and all subcontractors will be required to sign an agreement to be bound by the terms of the Agreement.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Improvements to the City's sanitary sewer system will help protect water quality by reducing the frequency of SSOs, and infiltration and inflow into the City's sanitary sewer system that can negatively affect the San Francisco Bay. There are no identified climate impacts.

RATIONALE FOR RECOMMENDATION
Contracted services are required for the specialized services required for this project, as the City lacks in-house resources needed to complete scheduled sanitary sewer rehabilitation and replacement projects. Further, the City must take timely action to address urgent/emergent sewer repairs without delay. Finally, subject to fines and stipulated penalties, the Consent Decree demands the City to repair acute defects within one year of discovery, and complete sanitary sewer mains rehabilitation and replacement at an average annual rate of no less than 22,120 feet on a three-fiscal- year rolling average. The City will have a three-year annual average of approximately 22,160 linear feet of replaced or rehabilitated sewer through the end of FY 2022 on June 30, 2022.

ALTERNATIVE ACTIONS CONSIDERED
No reasonable alternative exists as the City's sanitary sewer pipelines are in poor condition and in need of timely rehabilitation to prevent an increased probability of infiltration and inflows, sanitary sewer leakages, and backup problems in the sanitary sewer system.

CONTACT PERSON
Joe Enke, Acting Manager of Engineering, Public Works, (510) 981-6411 Daniel Akagi, Supervising Civil Engineer, Public Works, (510) 981-6394 Attachments:
1: Resolution
2: Location Map
3: Bid Results

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85 RESOLUTION NO. ##,###-N.S.

CONTRACT FOR SANITARY SEWER REHABILITATION – GRIZZLY PEAK

BOULEVARD BACKLINE, EUCLID AVENUE BACKLINE, CRAGMONT

AVENUE BACKLINE, EUCLID AVENUE, WILDCAT CANYON ROAD,

WOODHAVEN ROAD, KEELER AVENUE, SPRUCE STREET, AND EUNICE STREET.

WHEREAS, the Sanitary Sewer Project is part of the City's on-going Sanitary Sewer Capital Improvement Program to rehabilitate or replace the aging and deteriorated sanitary sewer system; and
WHEREAS, the Capital Improvement Program is a requirement of compliance with the National Pollution Discharge Elimination System Permit (NPDES) and California Regional Water Quality Control Board Consent Decree; and
WHEREAS, the City has neither the staff nor the equipment necessary to undertake this Sanitary Sewer Rehabilitation Project and other urgent/emergent sewer repairs; and WHEREAS, on November 24, 2021 the City released an Invitation for Bids (Specification No. 22-11484-C) for sanitary sewer rehabilitation and replacement; and WHEREAS, the City received six bids, and Glosage Engineering, Inc. was found to be the lowest responsive and responsible bidder; and
WHEREAS, funds are available in the FY 2022 budget Sanitary Sewer Fund 611; and NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Plans and Specifications No. 22-11484-C for the Sanitary Sewer Rehabilitation Project are approved.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments with Glosage Engineering, Inc., until completion of the project in accordance with the approved plans and specifications for the Sanitary Sewer Rehabilitation Project located on Grizzly Peak Boulevard Backline, Euclid Avenue Backline, Cragmont Avenue Backline, Euclid Avenue, Wildcat Canyon Road, Woodhaven Road, Keeler Avenue, Spruce Street, and Eunice Street, in an amount not to exceed $1,780,859 which includes a 10% contingency for unforeseen circumstances. A record signature copy of said agreement and any amendments will be on file in the Office of the City Clerk.

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86 GRIZZLY PEAK BOULEVARD BACKLINE, EUCLID AVENUE BACKLINE, CRAGMONT AVENUE

BACKLINE, EUCLID AVENUE, WILDCAT CANYON ROAD, WOODHAVEN ROAD, KEELER AVENUE,

SPRUCE STREET, AND EUNICE STREET

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88 Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

CONSENT CALENDAR
January 25, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: Lease and Cooperative Agreement: Downtown Berkeley Bike Station

RECOMMENDATION

FISCAL IMPACTS OF RECOMMENDATION
The City’s contribution to the Bike Station operations by way of the cooperative agreement is not to exceed $75,000 per year, for a total contract amount not to exceed $225,000. Funding for FY 2022 is available in the amount of $75,000 and the subsequent fiscal years will be subject to appropriation in Capital Improvement Fund 501.

The City would receive $4,112.50 per month in lease revenue for the Bike Station spaces and utilities for the first three years with a 2.0% increase in rent at the start of Years 4, 7, 10, and 13. The total lease revenue for the initial term of the lease is $770,578.33. Continuation of the lease is contingent upon the renewal of the cooperative agreement. If the cooperative agreement is not renewed, the lease will terminate on the cooperative agreement’s termination date. Revenue generated from the lease agreement will be deposited in the Off-Street Parking Fund 835.

CURRENT SITUATION AND ITS EFFECTS
The Downtown Berkeley Bike Station has been in continuous operation since 1999, originally on the concourse level of the Downtown Berkeley BART station, then from a storefront located at 2208 Shattuck Avenue from 2010 to 2018, and then to its current location at 2023 Center Street in the City of Berkeley’s Center Street Garage.

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89 Cooperative Agreement Amendment: CONSENT CALENDAR
Downtown Berkeley Bike Station January 25, 2022

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BART’s initial lease at the Center Street Garage expired on January 31, 2021. Impacts from the pandemic and a protracted negotiation process caused the delay in bringing the agreements to City Council. The City and BART agreed to exercise the holdover section of the previous lease and BART has continued to pay rent and manage the day- to-day operations of the Bike Station within the limits established by the Shelter in Place Order and social distancing requirements. This new lease, if approved, would therefore have a retroactive start date of February 1, 2021, and would terminate January 31, 2036. The fifteen-year lease also includes one five-year option to extend.

Under the new lease and cooperative agreement, BART would continue to manage day-to-day operations of the Bike Station including performing its obligations under the Lease, reviewing and monitoring any sublease agreements, and managing the private company which operates the Bike Station. According to BART, in April 2018 the Bike Station parked 105 bikes on an average weekday or about 2,300 securely parked bikes per month. Currently, the Bike Station is working towards meeting and exceeding 2018 numbers as usage rebounds from pandemic-related closures. Usage is expected to continue to increase.

BART requested that the City’s share of funding rise from $60,000 annually, the amount the City has been paying since 2010, to $75,000 annually. Staff recommends that the City’s share of funding rise at this time.

BACKGROUND
The Bike Station at Center Street Garage has additional services, such as retail sales of bicycle equipment and parts, and bicycle repairs and rentals as well as a café area. The total number of bike parking spaces is 326 (282 valet spaces and 48 self-park). All services, provided by BART’s Downtown Berkeley Bike Station operator, BikeHub, generate revenue that has helped defray annual operating costs in the form of profit- sharing with both BART and the City. Berkeley’s profit-sharing funds are reinvested in the Bike Station.

Provision of secure bicycle parking in the Downtown Berkeley Bike Station supports multiple policies in the Berkeley Bicycle Plan; Berkeley Climate Action Plan Goal #5:

Accelerate Implementation of the City’s Bicycle & Pedestrian Plans; Berkeley General Plan Policy T-43, which calls for expansion of the supply of secure bicycle parking near transit hubs and in commercial areas; and the following specific Downtown Area Plan Policy measures:

Policy AC-5.2: Bicycle Parking. Increase the availability of convenient, secure and attractive short- and long-term bicycle parking throughout Downtown. a) Increase the availability of secured bicycle parking throughout Downtown, particularly in areas of high use, including bicycle parking options that are sheltered and/or attended.

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90 Cooperative Agreement Amendment: CONSENT CALENDAR
Downtown Berkeley Bike Station January 25, 2022

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d) Promote the creation of an at-grade attended or automated bicycle-parking service. Work with BART to consider replacing the existing bicycle station with a joint City/BART aboveground facility, perhaps in a storefront on Shattuck Avenue.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
According to BART, the Bike Station parks approximately 2,300 securely parked bicycles per month. Each of the associated bicycle trips is free of greenhouse gas emissions and thus reduces emissions compared to the more polluting motorized modes of transportation that could have been chosen for many of these trips had secure bicycle parking not been available. These outcomes help achieve the Berkeley Climate Action Plan targets of reducing greenhouse gas emissions 33% below year 2000 levels by year 2020, and 80% below year 2000 levels by 2050. The plan states that, in order to meet these targets, “Transportation modes such as public transit, walking and bicycling must become the primary means of fulfilling our mobility needs.” More specifically, Goal #5:

Accelerate Implementation of the City’s Bicycle & Pedestrian Plans has an implementation action to “Expand and improve secure bicycle parking at all Berkeley BART stations and bus stops.”

RATIONALE FOR RECOMMENDATION
Despite the City’s successful expansion of on-street bicycle parking, there continues to be a shortage of adequate bicycle parking in the downtown area, especially secure, long- term bicycle parking of the type offered at the Downtown Bike Station. Supporting the Downtown Bike Station will help serve that demand while helping the City to meet its Climate Action Plan targets to reduce greenhouse gas emissions.

The City designed and constructed approximately $310,000 of purpose-built capital improvements in the Center Street Garage Bike Station, including bike racks for valet bicycle parking and an area for BikeLink bicycle lockers, a bicycle accessory retail area, and a café area, including electrical connections and plumbing.

ALTERNATIVE ACTIONS CONSIDERED
In the short term, the City could choose not to enter into a new Bike Station cooperative agreement and lease with BART. As a result, the Downtown Bike Station would likely close after the current contract between the City and BART concerning its operations expires. BART management has indicated that BART would not assume the City’s current portion of Bike Station operating costs.

CONTACT PERSON
Andrew Brozyna, Deputy Director, Public Works - Engineering, 981-6396 Farid Javandel, Deputy Director, Public Works - Transportation, 981-7061 Beth Thomas, Principal Planner, Public Works Transportation Division, 981-7068 Dionne Early, Community Dev. Project Coord., Public Works – Real Property, 981-6453

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91 Cooperative Agreement Amendment: CONSENT CALENDAR
Downtown Berkeley Bike Station January 25, 2022

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Attachments:
1: Ordinance
Exhibit A: Lease
2: Resolution
3: Cooperative Agreement

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92 ORDINANCE NO. ##,###–N.S.

LEASE AGREEMENT WITH BAY AREA RAPID TRANSIT (BART) FOR BIKE STATION RETAIL SPACE AT 2023 CENTER STREET
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The City Manager, or designee, is hereby authorized to execute a lease agreement with BART to use City property at 2023 Center Street for a 15-year lease term, commencing February 1, 2021, and expiring January 31, 2036, with an option to extend for one additional five-year term. The lease shall be substantially in the form attached hereto as Exhibit “A”.

Section 2. All revenue from said lease shall be deposited in the Off-Street Parking Fund 627 in a specific revenue account to be established for leases at the Center Street Garage location.

Section 3. Copies of this bill shall be posted for two days prior to adoption in the display case located near the walkway in front of Old City Hall, 2134 Martin Luther King Jr. Way. Within fifteen calendar days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

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RESOLUTION NO. ##,###-N.S.

FUNDING AND COOPERATIVE AGREEMENT: BERKELEY BIKE STATION WHEREAS, on December 8, 2008 by Authorization No. 28 12/8/08, Council authorized Contract No. 8550 with Bay Area Rapid Transit District (BART) for $60,000 annually for a sum not to exceed $300,000 to provide operations funding through June 30, 2014 for a Downtown Berkeley Bike Station Expansion; and
WHEREAS, on May 26, 2015 by Resolution 67,032-N.S., Council authorized Contract No. 9965 with BART for $60,000 annually for a sum not to exceed $120,000 to provide operations funding through June 30, 2016 for the Downtown Berkeley Bike Station; and WHEREAS, on July 25, 2017 by Resolution 68,127-N.S., Council authorized Contract No. 10829 with BART for $60,000 annually for a sum not to exceed $120,000 to provide operations funding through June 30, 2018 for the Downtown Berkeley Bike Station; and WHEREAS, the funding under the contract approved in July 2017 was expended to operate the Bike Station in FY 2017 and FY 2018; and
WHEREAS, provision of secure bicycle parking in the Downtown Berkeley Bike Station supports multiple policies in the Berkeley Bicycle Plan; Berkeley Climate Action Plan Goal #5: Accelerate Implementation of the City’s Bicycle & Pedestrian Plans; Berkeley General Plan Policy T-43 that calls for expansion of the supply of secure bicycle parking near transit hubs and in commercial areas; and the multiple Downtown Area Plan transportation policy measures; and
WHEREAS, executing a cooperative agreement with BART to provide funding for an additional three years of operation of the Downtown Bike Station at its new Center Street Garage location will enable the provision of continued secure bicycle parking services in Downtown Berkeley; and
WHEREAS, funding of $75,000 for the first year is subject to appropriation in the FY 2022 Budget from Capital Improvement Fund 501 via the Second Amendment to the Annual Appropriations Ordinance.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a three-year cooperative agreement with BART, in an amount not to exceed $225,000 for the continued operation of the Downtown Berkeley Bike Station at its location in the Center Street Garage through June 30, 2023.

A record copy of the contract and any amendments is to be on file in the Office of the City Clerk.

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FUND TRANSFER AND COOPERATIVE AGREEMENT

THIS AGREEMENT (“Agreement”) is made as of the _____ day of ________________ 2021, by and between the SAN FRANCISCO BAY AREA RAPID TRANSIT DISTRICT (“BART” or “District”) and the CITY OF BERKELEY, CALIFORNIA (“City”).

RECITALS

THIS AGREEMENT is made with reference to the following facts:

A. On August 20, 2010, BART and the City entered into a Fund Transfer and Cooperative Agreement for a new bicycle station facility (“Bike Station”) near the Downtown Berkeley BART Station. The City agreed to contribute funding to support the operating costs of the Bike Station for a five-year period beginning July 1, 2009 and ending July 1, 2014.

B. On June 23, 2015, BART and the City entered into a Fund Transfer and Cooperative Agreement for continued operation of the Bike Station near the Downtown Berkeley BART Station. The City agreed to continue to contribute funding to support the operating costs of the Bike Station for a two-year period beginning July 1, 2014 and ending June 30, 2016 for a total not to exceed $120,000.

C. On January 19, 2018, BART and the City entered into a Fund Transfer and Cooperative Agreement for continued operation of the Bike Station near the Downtown Berkeley BART Station. The City agreed to continue to contribute funding to support the operating costs of the Bike Station for a two-year period beginning July 1, 2016 and ending June 30, 2018 for a total not to exceed $120,000, including $60,000 for FY17 and up to $60,000 for FY18, prorated based on the number of months before the planned move of the Bike Station to the new Center Street Garage at the end of FY18.

D. Per the 2010, 2015, and 2018 Cooperative Agreements, BART managed the Bike Station facility with approximately 4,000 rentable square feet of space at 2208 Shattuck Avenue, Berkeley, California since July 1, 2009. The Bike Station on Shattuck Avenue provided parking for 283 bicycles (170 in the attended area and 113 in the adjacent self-serve area). In addition, the Shattuck Bike Station provided ancillary services for bicycle commuters, including bicycle maintenance and repair, bicycle rentals, sale of bicycle accessories, and community bicycle education classes.

DocuSign Envelope ID: 58009E2D-4EC5-4788-B7BD-CBE1CCB86B52

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E. P erformance evaluations and measures of the Bike Station operations has found that the Shattuck Avenue location of the Bike Station was utilized to substantial capacity and was financially feasible.

F. The Bike Station was relocated in December 2018 from 2208 Shattuck Avenue to a newly constructed space owned by the City of Berkeley at 2023 Center Street (the “Premises”) in the new Center Street Garage. This new Bike Station facility has parking for 326 bikes (282 in the valet area and 48 in the self-park area) and space built for ancillary services for bicycle commuters, including bicycle maintenance and repair, bicycle rentals, and sale of bicycle accessories.

G. In December of 2018, BART entered into a two-year Lease with the City of Berkeley for the Premises at 2023 Center Street. BART and the City intend to extend this Lease agreement to coincide with the duration of this Fund Transfer and Cooperative Agreement.

H. BART entered, as of August 1, 2013, into a Management Services Agreement (BART Agreement No. 6M6063) (the “MSA”) with an operator (“Operator”), whereby Operator, among other things, manages and operates the Bike Station facilities at the Premises, in addition to providing similar bicycle operation services at eight other BART stations. The initial MSA was extended through October 31, 2021 and BART subsequently competitively bid and awarded a new five-year MSA through October 31, 2026. The annual compensation under the new MSA is approximately $570,000 and 20-25% of the compensation is allocable to the staffing and management of the Berkeley Bike Stations.

I. BART has committed to partially fund the Lease and operating expenses incurred under the MSA for FY21 through FY23, as set forth below.

J. City has agreed to provide $75,000 per year for a total amount not to exceed $225,000 in funding for the Bike Station’s FY21 through FY23 operating expenses as set forth below in this Agreement. It is not the intent of the City or BART that City be a co-party to the MSA, and nothing contained in this Agreement is to be construed as any other business relationship between the parties other than the contractual relationship as expressly set forth herein.

AGREEMENT

NOW, THEREFORE, in consideration of the mutual promises and obligations set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

1. BART Responsibilities. For FY21 through FY23, BART agrees to fund all Bike Station expenses in excess of the City’s contribution. BART further agrees to DocuSign Envelope ID: 58009E2D-4EC5-4788-B7BD-CBE1CCB86B52

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manage and assume responsibility for the Bike Station including performing its obligations under the Lease and managing the MSA.

2. City Responsibilities. City will commit $75,000 per year for three years commencing July 1, 2020, for a total not to exceed $225,000, to provide funding for the Bike Station, as evidenced by the attached draft resolution of the Berkeley City Council, a copy of which was appended hereto as Exhibit A at the time of execution and the final version of which will be incorporated herein by this reference following approval by the Berkeley City Council. BART will submit an annual invoice to City for payment no later than April 30 of each year. City will pay BART within 90 days of receipt of an acceptable invoice.

3. Bicycle Retail and Other Ancillary Services; Separation of Public and Private Interests. The Bike Station will provide certain retail services to bicycle commuters, including service and repair of bicycles and sale of bicycle accessories. The retail bicycle services at the Bike Station will operate from the Bicycle Retail Area of the Premises to be leased to BART. Operator is required to ensure that any retail activities are approved by BART and do not detract from the core function of the Bike Station as a secure bicycle parking facility.

4. Operations of the Bike Station. As described herein and in the Lease, initial core hours of operation for the Bicycle Valet and Bicycle Retail Areas of the Bike Station, including bicycle maintenance and repair services, retail sale of bicycle commuter parts and accessories, bicycle rentals, and coffee retail sales will be from 7 am to 7pm Monday through Friday, year-round, excluding holidays as stipulated in the MSA. Bike Station valet and retail service may include seasonal operations on Saturdays at the discretion of the Operator, subject to BART and City agreement. The BikeLink Space will be available 24 hours a day, 7 days a week. Changes to hours of operation are subject to BART and City agreement.

5. Termination. BART or City may, in their sole discretion, notwithstanding the Lease, choose to close the Bike Station at the Premises after June 30, 2021, if sufficient funding is not secured for operating costs beyond that date. To avoid closure, BART will seek, but does not guarantee, BART Board approval of funding to subsidize future years’ expenses at the Premises. City will also seek, but does not guarantee, continued funding for future years’ expenses at the Premises.

6. Fixtures of the Bike Station after Termination or upon Relocation from the Premises. If the Bike Station is closed per the Termination provisions of this Agreement, BART will move at its sole costs and expense all Bike Station personal property funded by the Safe Routes to Transit Grant No. 20.15 (bicycle parking racks, security devices, lighting, or any other moveable physical improvements which were not permanently affixed to the Premises) to another location, to support transit use subject to applicable grant requirements. Prior to DocuSign Envelope ID: 58009E2D-4EC5-4788-B7BD-CBE1CCB86B52

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considering other locations, if feasible, BART will use best efforts to move the personal property for use at a relocated Berkeley Bike Station.

7. BART Indemnity. BART hereby agrees to indemnify, defend, protect and hold harmless City, its officers, agents, volunteers and employees (individually and collectively, “Indemnitees”) from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys’ fees and costs (collectively “Claims”), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by BART’s performance of or failure to perform any services under this Agreement.

If any action or proceeding is brought against Indemnitees by reason of any of the matters against which BART has agreed to indemnify Indemnitees as provided above, BART, upon notice from City, shall defend Indemnitees at BART’s expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The provisions of this section shall survive the expiration or earlier termination of this Agreement.

8. City Indemnity. City hereby agrees to indemnify, defend, protect and hold harmless BART, its officers, directors, agents, volunteers and employees (individually and collectively, “Indemnitees”) from and against any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys’ fees and costs (collectively “Claims”), which Indemnitees may suffer or incur or to which Indemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of or allegedly caused by City’s performance of or failure to perform any services under this Agreement.

If any action or proceeding is brought against Indemnitees by reason of any of the matters against which City has agreed to indemnify Indemnitees as provided above, City, upon notice from BART, shall defend Indemnitees at City’s expense by counsel acceptable to BART, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to indemnification in order to be so indemnified. The provisions of this section shall survive the expiration or earlier termination of this Agreement.

9. Nondiscrimination. BART shall not discriminate on the basis of race, color, national origin or sex in the performance of this Agreement. BART shall carry out DocuSign Envelope ID: 58009E2D-4EC5-4788-B7BD-CBE1CCB86B52

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applicable requirements of 49 CFR Part 26 in the award and administration of U.S. Department of Transportation-assisted contracts. Failure by BART to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as is deemed appropriate.

In connection with the performance of services under this Agreement, BART shall not, on the grounds of race, religious creed, color, national origin, ancestry, handicap, medical condition, marital status, sex, sexual orientation or age, discriminate or permit discrimination against any person or group of persons in any manner prohibited by Federal, State or local laws.

For purposes of this Section 14, “sexual orientation” shall mean a preference for heterosexuality, homosexuality or bisexuality; or having a history of, or being identified with, any such preference.

10. Assignment. Neither BART nor City shall assign any rights nor transfer any obligations under this Agreement without the prior written consent of the other and any such unauthorized assignment or transfer shall be void.

11. BART and City Warranties. BART and City make no warranties, representations or agreements, either express or implied, beyond such as are explicitly stated herein.

12. BART Representative. Except when approval or other action is required to be given or taken by the Board of Directors of BART, Heath Maddox, or such person or persons as he shall designate in writing from time to time, shall represent and act for BART.

13. Notices. All communications relating to the day-to-day activities of the Bike Station shall be exchanged between BART’s designated representative and City’s representative. All other notices and communications deemed by either party to be necessary or desirable to be given to the other party shall be in writing and may be given by personal delivery to a representative of the parties or by mailing the same, postage prepaid, or transmitting it by commercial courier, addressed as follows:

To BART: San Francisco Bay Area Rapid Transit District
Customer Access Department
2150 Webster Street, 8th Floor
Oakland, CA 94612
Attention: Heath Maddox

To City: City of Berkeley
Public Works Department, Transportation Division
1947 Center Street, 4
th Floor
DocuSign Envelope ID: 58009E2D-4EC5-4788-B7BD-CBE1CCB86B52

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Berkeley, CA 94704
Attention: Farid Javandel

The address to which mailings are to be made may be changed from time-to-time by notice mailed as described above. Any notice given by mail shall be deemed given on the day after that on which it is deposited in the United States Mail as provided above, and if given by commercial courier as of the date accepted by the addressee.

14. Binding on Successors. All the terms, provisions, and conditions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors, assigns, and legal representatives.

15. Applicable Law. This Agreement, its interpretation, and all work performed hereunder, shall be governed by the laws of the State of California applicable to contracts to be performed within the State, without reference to conflicts of law principles.

16. Modification. This Agreement may be modified or amended only by written instrument signed by both BART and City.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their duly authorized representatives as of the day and year first above written.

DocuSign Envelope ID: 58009E2D-4EC5-4788-B7BD-CBE1CCB86B52

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SAN FRANCISCO BAY AREA RAPID

TRANSIT DISTRICT

CITY OF BERKELEY

By: Val Menotti

_____________________________

By: Dee Williams Ridley

______________________________

Title: Chief Planning & Development
Officer, Planning & Development
Title: City Manager

Approved As To Form:

By: Crystal Matson

_______________________________

By: Sara Stephens

______________________________

Title: Attorney, Office of the General
Counsel
Title:

DocuSign Envelope ID: 58009E2D-4EC5-4788-B7BD-CBE1CCB86B52

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RESOLUTION NO. ##,###-N.S.

FUNDING AND COOPER
ATIVE AGREEMENT: BERKELEY BIKE STATION
WHEREAS, on
December 8, 2008 by Authorization No. 28 12/8/08, Council authorized Contract No. 8550 with Bay Area Rapid Transit District (BART) for $60,000 annually for a sum not to exceed $300,000 to provide operations funding through June 30, 2014 for a Downtown Berkeley Bike Station Expansion; and
WHERE
AS, on May 26, 2015 by Resolution 67,032- N.S., Council authorized Contract No. 9965 with BART for $60,000 annually for a sum not to exceed $120,000 to provide operations funding through June 30, 2016 for the Downtown Berkeley Bike Station; and WHERE
AS, on July 25, 2017 by Resolution 68,127-N.S., Council authorized Contract No. 10829 with BART for $60,000 annually for a sum not to exceed $120,000 to provide operations funding through June 30, 2018 for the Downtown Berkeley Bike Station; and WHEREAS, t
he funding under the contract approved in July 2017 was expended to operate the Bike Station in FY 2017 and FY 2018; and
WHERE
AS, provision of secure bicycle parking in the Downtown Berkeley Bike Station supports multiple policies in the Berkeley Bicycle Plan; Berkeley Climate Action Plan Goal #5: Accelerate Implementation of the City’s Bicycle & Pedestrian Plans; Berkeley General Plan Policy T -43 that calls for expansion of the supply of secure bicycle parking near transit hubs and in commercial areas; and the multiple Downtown Area Plan transportation policy measures; and
WHERE
AS, executing a cooperative agreement with BART to provide funding for an additional three years of operation of the Downtown Bike Station at its new Center Street Garage location will enable the provision of continued secure bicycle parking services in Downtown Berkeley; and

WHEREAS,
funding of $75,000 for the first year is subject to appropriation in the FY 2022 Budget from Capital Improvement Fund 501 via the Second Amendment to the Annual Appropriations Ordinance.

NOW,
THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a three-year cooperative agreement with BART, in an amount not to exceed $225,000 for the continued operation of the Downtown Berkeley Bike Station at its location in the Center Street Garage through June 30, 2023.

A record copy of the contract and any amendments is to be on file in the Office of the City Clerk.

EXHIBIT A
DocuSign Envelope ID: 58009E2D-4EC5-4788-B7BD-CBE1CCB86B52

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CONSENT CALENDAR
January 25, 2022
To: Honorable Members of the City Council
From: Mayor Jesse Arreguín (Author), Councilmember Ben Bartlett (Co- Sponsor), Councilmember Rashi Kesarwani (Co-Sponsor)
Subject: Resolution Requesting State Cannabis Cultivation Tax Reform

RECOMMENDATION
Adopt a Resolution requesting State cannabis cultivation tax reform.

BACKGROUND
California voters in 2016 passed Proposition 64, which legalized cannabis for non- medical adult use, and created a framework for regulating the cannabis industry. Within this regulatory framework, Proposition 64 establishes two commercial cannabis taxes:
an excise tax upon the retail sale of cannabis and cannabis products, and a cultivation tax on all harvested cannabis. The current regulatory structure is overly complex and imposes notably high taxation rates. As a result, local cannabis businesses within the City of Berkeley and elsewhere have struggled.

This resolution seeks to address these challenges by urging the Governor and State Legislature to eliminate the cultivation tax and adjust state regulations to ensure the success of legal commercial cannabis activities.

Despite the City of Berkeley embracing legalization and permitting the operation of commercial cannabis businesses within the City, the industry continues to be burdened by high taxation rates imposed at the state level. Starting January 1, 2022, California’s cultivation tax rate will be $10.08 for flower per dry-weight, $3.00 for leaves/trim per dry- weight ounce, and $1.41 for fresh cannabis plant per ounce. These rates, compounded with the already high 15% excise tax, are placing undue barriers on legal cannabis businesses and perpetuating the illicit cannabis market.

The Legislature in both 2018 and 2019 considered bills to temporarily eliminate the cultivation tax, citing severe under-collection of expected tax revenue and an ever- present illicit market as grounds for reevaluating the current tax structure. However, both measures failed to pass during the legislative process.

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Given the enduring and increased challenges legal cannabis operators face from overly- complex and high taxation rates, this resolution urges Governor Newsom and the California Legislature to eliminate the cultivation tax and to establish a regulated environment for commercial cannabis activities, including reasonable taxation, that does not impose such barriers as to perpetuate the illicit market for cannabis

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The environmental impact of allowing illegal cannabis to proliferate is widely known. It involves illegal logging of national and state forest and park land, poisoning creeks, streams and entire riparian ecosystems. Locally, it can involve harmful chemicals being illegally dumped, utility theft, and unpermitted work leading to faulty wiring, residential and structure fires, and explosions.

FINANCIAL IMPLICATIONS
None.

CONTACT PERSON
Jesse Arreguín, Mayor, (510) 981-7100

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RESOLUTION NO. ##,###‑N.S.

REQUESTING STATE CANNABIS CULTIVATION TAX REFORM
WHEREAS, California voters passed Proposition 64 in 2016, establishing two commercial cannabis taxes that, effective January 1, 2018, imposed an excise tax upon the retail sale of cannabis or cannabis products at a rate of fifteen percent (15%), and a cultivation tax on all harvested cannabis that enters the commercial market at a rate of nine dollars and twenty-five cents ($9.25) for dry-weight flower per ounce, and two dollars and seventy-five cents ($2.75) per dry-weight leaves/trim per ounce; and WHEREAS, the City of Berkeley embraced legalization and established a regulatory framework to permit commercial cannabis businesses, including cultivation, has been burdened by the onerous nature of State regulations, rapidly expanding illicit cultivation, and the economic instability of the legal market has impacted the jurisdiction’s ability to provide other core mandated services; and
WHEREAS, Proposition 64 required that the Bureau of Cannabis Control convene a committee to advise the licensing authorities on the development of standards and regulations, including best practices and guidelines that protect public health and safety while ensuring commercial cannabis regulations do not impose barriers that perpetuate, rather than reduce and eliminate, the illicit market for cannabis. This committee came to be known as the Cannabis Advisory Committee (CAC); and
WHEREAS, in 2018, and again in 2019, the California Legislature considered, but did not approve, bills to temporarily eliminate the cultivation tax. California State Treasurer Fiona Ma, sponsor of Assembly Bill 286 (Bonta, 2019) argued that “given that we now have seen a year of severe under-collection of expected tax revenue and that the black market still exists, it is understood that excessive taxation is an obstacle to establishing a fully viable legal market. Compliant businesses are at a significant disadvantage, and this high tax rate incentivizes businesses to stay underground.” Treasurer Ma characterized the bill as “imperative to temporarily lessen California’s total tax on cannabis, and give these businesses and the State enough time to fully implement Prop

64.”; and
WHEREAS, in 2019, Harinder Kapur, Senior Assistant Attorney General, testified to the California Legislature stating that upwards of 80 percent of California’s cannabis businesses remained in the illicit market; and

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WHEREAS, in November 2019, the California Department of Tax and Fee Administration announced that effective January 1, 2020, per statutory mandate, the cultivation tax would increase to account for inflation, leading the CAC to express concern in its 2019 Annual Report that the increase in taxation, “...come[s] at a time when the complex regulatory framework, coupled with high taxation, pose[s] significant challenges to the licensed cannabis market,” noting a report published by Arcview Market Research, that these two factors could disadvantage the licensed market by as much as 77 percent on pricing compared to well- established illicit market operations; and
WHEREAS, in 2020, the Legislature again considered a bill to eliminate the cultivation tax, but, due to emergency orders and economic uncertainty caused by the COVID-19 pandemic, held the bill in Committee, and instead approved Assembly Bill 1872 (Committee on Budget, Chapter 93, Statutes of 2020) which suspended for one year the California Department of Tax and Fee Administration’s authority to adjust the cannabis cultivation tax for inflation; and
WHEREAS, on November 17, 2021, the California Department of Tax and Fee Administration announced that effective January 1, 2022, the cultivation tax would increase from nine dollars and sixty-five cents ($9.65) to ten dollars and eight cents ($10.08) for flower per dry-weight ounce; from two dollars and eighty-seven cents ($2.87) to three dollars ($3.00) for leaves/trim per dry-weight ounce; and, from one dollar and thirty-five cents ($1.35) to one dollar and forty-one cents ($1.41) for fresh cannabis plant per ounce; and
WHEREAS, a November 2021 sales report from BDS Analytics shows that legal sales in California fell by more than eleven percent (11.4%) to $293.1 million when compared to last year and are down nearly eight percent (7.7%) from August 2021, additionally showing that cannabis flower sales fell twenty-three percent (23%), while concentrates, the second-largest product category, declined eight percent (8%); and WHEREAS, the licensed cannabis market is currently experiencing a price collapse and that the average wholesale price for dried cannabis flower has fallen to approximately five hundred dollars ($500) a pound, and that the average wholesale price for dry leaves and trim has fallen to thirty dollars ($30) a pound making the current tax rate for dry flower equivalent to fifty-one percent (51%) of gross receipts and the current tax rate for dry leaves and trim equivalent to one hundred fifty-three percent (153%) of gross receipts; and

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WHEREAS, the ongoing consequences of high state taxes combined with over- regulation has continued to economically challenge legal cannabis businesses and disincentivize the permitting and licensing of new cannabis businesses by local jurisdictions, including the City of Berkeley; and
WHEREAS, local jurisdictions, including the City of Berkeley, have experienced increased challenges collecting cultivation taxes, regulating commercial cannabis cultivators, and addressing illicit cultivation; and
WHEREAS, in November 2016, Proposition 64 was enacted to, “...accomplish [...] taxation on the growth and sale of cannabis in a way that drives out the illicit market for marijuana and discourages use by minors, and abuse by adults.” NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Berkeley that it strongly urges Governor Newsom and the California Legislature to immediately eliminate the State cultivation tax and to establish a regulated environment for commercial cannabis activities, including reasonable taxation, that do not impose such barriers as to perpetuate, rather than reduce and eliminate, the illicit market for cannabis.

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Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]

CONSENT CALENDAR
January 25, 2022
To: Members of the City Council
From: Mayor Jesse Arreguín
Subject: 2022 Seating Arrangement during City Council Meetings

RECOMMENDATION
Rescind Resolution No. 69,647–N.S and adopt a Resolution changing the seating arrangement of the Mayor and City Councilmembers on the dais for calendar year 2022, to accommodate the Vice-Mayor, as follows (From left to right, facing the dais):

Kesarwani, Bartlett, Hahn, Harrison, Arreguin, Wengraf, Droste, Robinson, Taplin.

BACKGROUND
The Mayor makes recommendations on the seating arrangement of the Berkeley City Councilmembers. In 2020, the City Council approved Resolution No. 69,647–N.S which changed the order of the dais to accommodate the newly-elected councilmember and newly-appointed Vice-Mayor. Mayor Arreguín is recommending a change to the current seating arrangement for calendar year 2022 (from left to right, facing the dais) as follows: Kesarwani, Bartlett, Hahn, Harrison, Arreguin, Wengraf, Droste, Robinson, Taplin to accommodate the Vice-Mayor, Councilmember Harrison.

City Council meetings are currently being conducted by videoconference in accordance with California Government Code Section 54953(e) and the state declared emergency due to the ongoing COVID-19 pandemic. This Resolution will be in place until a new Resolution supersedes it, and it is anticipated that physical meetings will return sometime in 2022.

FINANCIAL IMPLICATIONS
None

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No identifiable environmental effects from taking this action

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Attachments:
1: Resolution

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RESOLUTION NO. ##,###-N.S.
2022 CITY COUNCIL SEATING ARRANGEMENT ON THE DAIS
WHEREAS, the Mayor makes recommendations on the seating arrangement of the Berkeley City Councilmembers; and
WHEREAS, in 2020, the City Council adopted Resolution No. 69,647–N.S. which changed the seating arrangement to accommodate the newly-elected councilmember and newly-appointed Vice-Mayor; and
WHEREAS, Mayor Arreguín is recommending a change to the current seating arrangement for calendar year 2022 to accommodate the Vice-Mayor (from left to right, facing the dais) as follows: Kesarwani, Bartlett, Hahn, Harrison, Arreguin, Wengraf, Droste, Robinson, Taplin.

NOW THEREFORE, BE IT RESOLVED that Resolution No. 69,647–N.S. is hereby rescinded; and
BE IT FURTHER RESOLVED that the Berkeley City Council does hereby set the seating order on the dais for City Council Meetings during calendar year 2022 as follows (from left to right, facing the dais): Kesarwani, Bartlett, Hahn, Harrison, Arreguin, Wengraf, Droste, Robinson, Taplin; and
BE IT FURTHER AND FINALLY RESOLVED that this Resolution will be in place until a new Resolution supersedes it.

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Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]

CONSENT CALENDAR
January 25, 2022
To: Members of the City Council
From: Mayor Jesse Arreguín
Subject: 2022 City Council Committee and Regional Body Appointments

RECOMMENDATION
Adopt a Resolution approving the appointment of Council representatives to City Council Standing Policy Committees, Partnership Committees, Regional Bodies and Liaisons to City Boards and Commissions for a term ending on December 31, 2022 or until new appointments are made.

BACKGROUND
There are a number of City Council appointments to various Partnership Committees, Regional Bodies and Liaisons to City Boards and Commissions. Every two years after the General Municipal Election, the Mayor makes recommendations on new Council representatives to these committees.

The Berkeley City Council Rules of Procedure and Order also require the Mayor to recommend and the full Council approve appointments to Standing Council Policy Committees by January 31st of each year.

FINANCIAL IMPLICATIONS
None

ENVIRONMENTAL SUSTAINABILITYAND CLIMATE IMPACTS
No identifiable environmental effects from taking this action

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Attachments:
1: Resolution

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RESOLUTION NO. ##,###-N.S.

APPROVING APPOINTMENTS TO STANDING CITY COUNCIL POLICY

COMMITTEES, PARTNERSHIP COMMITTEES, LIASIONS TO BOARDS AND COMMISSIONS AND REGIONAL BODIES FOR 2022
WHEREAS, the City Council has numerous appointments to various Partnership Committees, Regional Bodies and Liaisons to City Boards and Commissions, and makes new appointments every two years following the General Municipal Election; and WHEREAS, the Berkeley City Council Rules of Procedure and Order also require the Mayor to recommend and the full Council approve appointments to Standing Council Policy Committees by January 31st of each year.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it officially makes the following appointments for the period ending December 31, 2022 or until new appointments are approved:

City Council Standing Policy Committees:

Agenda & Rules Committee
Appoint Mayor Arreguín, Councilmember Hahn and Councilmember Wengraf Appoint Councilmember Harrison as Alternate
Budget & Finance Committee
Appoint Mayor Arreguin, Councilmember Droste and Councilmember Harrison Appoint Councilmember Kesarwani as Alternate
Facilities, Infrastructure, Transportation, Environment & Sustainability Committee Appoint Councilmember Harrison, Councilmember Robinson and Councilmember Taplin
Appoint Councilmember Droste as Alternate
Public Safety Committee
Appoint Councilmember Taplin, Councilmember Kesarwani and Councilmember Wengraf
Appoint Councilmember Hahn as Alternate
Land Use, Housing & Economic Development Committee
Appoint Councilmember Droste, Councilmember Bartlett and Councilmember Robinson Appoint Mayor Arreguin as Alternate
Health, Life Enrichment, Equity & Community Committee
Appoint Councilmember Bartlett, Councilmember Hahn and Councilmember Kesarwani

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City Council Committee Appointments 2022 CONSENT CALENDAR January 25, 2022

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Appoint Councilmember Taplin as Alternate
Partnership Committees:
4x4 Joint Task Force Committee on Housing: Rent Board/City Council Appoint Mayor Arreguín, Councilmember Harrison, Councilmember Robinson and Councilmember Taplin
3x3 Committee of the Berkeley City Council and the Berkeley Housing Authority Appoint Mayor Arreguin, Councilmember Harrison and Councilmember Kesarwani 2x2 Committee of the City Council and the Board of Education Appoint Councilmember Hahn and Councilmember Droste
Appoint Mayor Arreguin as Alternate
Regional Committees:

Alameda County Transportation Commission
Appoint Councilmember Robinson
Appoint Mayor Arreguin as Alternate
Alameda County Waste Management Authority
Appoint Councilmember Wengraf
Appoint Councilmember Hahn as Alternate
Delegate to Association of Bay Area Governments General Assembly Appoint Councilmember Bartlett
Appoint Councilmember Droste as Alternate
Joint Powers Authority - East Bay Community Energy Authority Appoint Councilmember Harrison
Appoint Councilmember Hahn as Alternate
Joint Powers Agreement - East Bay Regional Sports Fields Appoint Councilmember Kesarwani
Appoint Councilmember Taplin as Alternate
Joint Powers Authority - Lead Abatement
Appoint Councilmember Wengraf
Appoint Councilmember Droste as Alternate
League of California Cities - East Bay Division
Appoint Councilmember Hahn
Appoint Councilmember Taplin as Alternate

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City Council Committee Appointments 2022 CONSENT CALENDAR January 25, 2022

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Oakland Airport Noise Forum
Appoint Councilmember Robinson
Council Liaisons to City Boards and Commissions:

Board of Library Trustees
Appoint Councilmember Hahn
Community Health Commission
Appoint Councilmember Kesarwani
Mental Health Commission
Appoint Councilmember Taplin

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1 Sophie Hahn
City Council District 5
510-981-7140
[email protected]
o

CONSENT CALENDAR
January 25, 2022
To: Honorable Members of the City Council
From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Wengraf (Co- Sponsor)
Subject: Referring the Civic Arts Commission’s affordable housing for artists in Berkeley Report and other Artist Live, Work and Live-Work opportunities to the Housing Element Update

RECOMMENDATION

1. Refer the Civic Arts Commission’s report entitled affordable housing for artists in berkeley to the City Manager, Planning Commission, and Housing Advisory Commission to review, consider, and incorporate recommendations, to the greatest extent possible, into the Housing Element update and related planning and zoning processes.

SUMMARY/CURRENT SITUATION:

Affordable living and work-space for artists is a pressing issue for our community, with artists increasingly priced out and unable to live and work in Berkeley. Affordable housing for artists has been identified in numerous planning documents as a key need. Most recently, the Civic Arts Commission generated a report entitled affordable housing for artists in berkeley that reported data about the unique housing and space needs of artists, based on a survey and focus groups with diverse artists and cultural workers. (See Attachment 1: affordable housing for artists in berkeley). The report was presented at the December 8, 2021 Civic Arts Commission meeting, and generated important discussion around housing and work-space affordability for artists.

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2 Berkeley is currently engaged in an in-depth process to update the City’s Housing Element.

The results of the update will shape the development of housing in Berkeley for much of the next decade. A key component of the Housing Element is to identify sites that can accommodate future housing needs across income levels and other demographic factors.

The Housing Element also involves the development of a variety of approaches to meet community housing and affordability needs such as zoning updates and new affordable housing requirements and programs.

With the Housing Element update process already in progress, it is important for the recently completed affordable housing for artists in berkeley report to be referred and the report's findings and recommendations to be incorporated into the Housing Element Update, as feasible.

In addition to the findings and recommendations of the affordable housing for artists report, an informal group of artists has been discussing the possibility of allowing ground-floor commercial space to be substituted for affordable artist work- or live-work space in new- buildings, or in existing buildings via conversions in some locations or building types.

Because there are many elements to consider, including impacts to the retail environment, feasibility and costs, quality of work- and living-space for artists, relationship to affordable housing and community benefit requirements in new-build, locations and buildings types where artist ground floor live-, work- and live-work space may be feasible, and more, this idea is referred more generally to the City Manager, Planning Commission, and Housing Advisory Commission (HAC).

Exploration of other potential means to create, convert and/or reserve affordable living, work, and live-work space for artists is also referred, allowing the City Manager, Planning Commission, and HAC to broaden their analysis and consultation to consider all opportunities to create affordable living and work-spaces for artists.

To the extent feasible opportunities for affordable artist living and live-work space may be identified from the affordable housing for artists in berkeley report or through additional exploration, concepts should be incorporated into the Housing Element Update.

BACKGROUND:

The City’s 2018-2027 Arts and Culture Plan Update identifies affordable artist housing as the first of five strategic goals:

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3 Goal 1 Increase Access to Affordable Housing and Affordable Spaces for Artists and Arts Organizations
Support the long-term sustainability of the arts and culture sector by expanding the availability of affordable housing and spaces for both artists and arts organizations.

The Plan Update also includes the following introductory remarks:
“Berkeley is home to a vibrant and diverse community that strongly values its rich cultural fabric. Characterized by its collective nature, the city is famous for its distinguished university, beautiful natural setting, and its remarkable history as a home for progressive movements. Arts and culture permeate civic life in Berkeley through numerous acclaimed theaters, performing arts spaces, as well as the city’s many artists. Over 150 arts and culture nonprofits operate in Berkeley and together they contribute to a dynamic, continually evolving arts and culture community that interacts closely with other sectors of the city’s economy. The nonprofits that make up the arts community are particularly diverse in terms of their size and their creative disciplines.

Along with the cultural richness the arts infuse into the community, the arts sector is also a significant economic driver, generating an estimated $165 million in total economic activity.

In 2017, Berkeley Mayor Jesse Arreguin stated that “in addition to fostering civic pride, a flourishing arts scene [brings] new visitors to our city and more revenue to local businesses.” Currently, as the San Francisco Bay Area is experiencing substantial economic growth, rising real estate and living costs have created an especially challenging environment for the arts community in Berkeley. Some artists and arts organizations are leaving the city because they can no longer afford to live and work here.” Most recently, the Civic Arts Commission generated a report entitled affordable housing for artists in berkeley that reported data about the unique housing and space needs of artists, based on a survey and focus groups with diverse artists and cultural workers. (See Attachment 1: affordable housing for artists in berkeley). The report was presented at the December 8, 2021 Civic Arts Commission meeting, and generated important discussion around housing and work-space affordability for artists.

Discussions of affordability in the arts ecosystem are often anecdotal, with few studies to provide comprehensive data to inform potential solutions. To provide more comprehensive information, the Civic Arts Commission requested and received a report with findings based on a survey and focus groups. The study consulted a diverse group of Berkeley artists and cultural workers and provides systematic data around the unique housing and space needs of artists. The report explicitly seeks to position Berkeley’s arts community for inclusion in

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4 the City’s affordable housing efforts and to help improve the safety of local arts spaces while avoiding further displacement.

The study was initially conceptualized in 2019 in response to concerns around housing and art space affordability among artists and arts organizations in Berkeley, and was motivated by two events.

First, the 2018 Arts and Culture Plan Update for the City of Berkeley identified -- as a primary goal -- the need to increase access to affordable housing and spaces for artists, cultural workers, and arts organizations. The cultural plan specified a number of action steps towards this goal, including undertaking a data-informed assessment of current art space affordability challenges and displacement risks in Berkeley, as well as the development of strategies to protect and create affordable spaces for Berkeley artists, cultural workers, and arts organizations based on the assessment’s findings.

Second, in November 2018, the voters of Berkeley approved two bond measures totaling $135 million to fund affordable housing in Berkeley. Berkeley City Council subsequently began the development of an affordable housing framework (Housing for a Diverse, Equitable and Creative Berkeley) to guide Berkeley’s affordable housing policies, programs, and projects through 2030. This framework explored a wide array of affordable housing for artists and other creative workers. In July 2019, the Council referred this policy document to various Commissions for further development.

However, the pandemic caused this work to be temporarily put on hold.

The survey and subsequent report on its findings was completed and released by the Civic Arts Commission in November 2021. It made several key findings and recommendations that relate to zoning and planning decisions which may potentially be made as part of the ongoing Housing Element Update.

Some key findings of the report include recommendations that the City of Berkeley:

1. Create policies that prioritize artists for new affordable housing Artists are an important part of the fabric of Berkeley as a city. As such, they should be part of ongoing conversations about Berkeley’s housing plan. The survey results demonstrate that artists -- as a group -- have low income, a high rent burden, and have traditionally been left out of ongoing affordable housing. In order to mitigate further displacement and allow artists to continue to work and thrive in Berkeley, the City could consider creating a priority category for artists who meet income qualification to access affordable housing.”

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5 2. Designate some of Berkeley’s upcoming affordable housing funding from Measure O for units specific to artists
“On July 24, 2019, Berkeley’s Civic Arts Commission approved an amendment recommendation for Measure O that called for “significantly increas[ing] the supply of affordable housing and live/work housing for artists, artisans, and cultural workers” through adding to the zoning ordinance, incentivizing developers to build market-rate housing that includes affordable live/work units for creative workers, and incorporate live/work spaces for artists and cultural workers into large-scale affordable housing projects.”

3. Consult artists when designing new policies for live/work spaces Across the Bay Area, responses to the Ghostship fire emphasized increased attention to artist DIY live/work spaces. These spaces were often the only options for artists to access live/work spaces that met their needs. Yet, artists have always worked to transform neighborhoods through their work and creative use of space. As Berkeley works to address affordability issues for all of its residents, consulting and involving artists in the planning process can help bring about a much-needed, new, and fresh perspective on issues such as rezoning, repurposing ground floor spaces, and requiring community benefit proposals for new development.

4. Develop artist-specific resources and technical assistance to bring artists into the existing affordable housing pipeline
Due to the nature of their work, artists often have a unique income structure that makes applying for affordable housing more difficult. In addition, the survey shows that artists have needs for certain types of spaces that might be difficult to identify. Funding technical assistance to support artists to translate their needs and apply for the existing affordable housing pipeline could be an important step in helping artists leave inadequate living situations.

Because the report and findings include important information about the housing and space needs of artists, the affordable housing for artists in berkeley study is being referred to the Housing Element Update and to the Planning Commission and HAC for immediate consideration.

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6 In addition to the findings and recommendations of the affordable housing for artists report, an informal task force of artists has been discussing the possibility of allowing ground-floor commercial space to be substituted for affordable artist work- or live-work space in new- buildings, or in existing buildings via conversions, in some locations or building types.

The presence of artists living and working around the clock has been documented as an important factor in creating more livable, animated urban areas. At the same time, retail vacancies have risen steadily in recent years as more purchasing has migrated online.

The COVID-19 pandemic has accelerated this trend and led to even greater amounts of empty space, even in Berkeley's most popular commercial areas. Removing barriers to use or re-use of vacant retail/commercial spaces may be a means to provide affordable live/work spaces for artists while also activating storefronts.

To explore the possibilities of using retail/commercial space to house working artists, an informal task force including members of the Civic Arts Commission, affordable housing advocates, artists, and developers was convened. The goal of the group’s work was to increase active uses of often-vacant ground floor space and provide a new low-impact supply of affordable live/work spaces for artists.

Some of the ideas generated by this informal group include:

1. Allowing affordable live/work housing for artists in lieu of ground floor retail or commercial use in specific locations (for example, away from main commercial nodes, or on side-streets) or corridors, including the San Pablo and University Avenue corridors and/or in other appropriate locations.

2. Developing a clear set of allowable uses and criteria for tenant eligibility including the responsibility to maintain a lively street presence.

In addition to consulting with the arts community, including members of the informal task force, the City Manager, Planning Commission and HAC should consult with business and commercial property owners to fully understand the opportunities and challenges of allowing live-work in lieu of retail, and to identify the circumstances, requirements,

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7 locations and other factors that could make affordable live-work ground floor uses work both for artists, and for the health and vitality of commercial districts.

ALTERNATIVES CONSIDERED
By referring the affordable housing for artists in berkeley report and its findings and other affordable living and work-space considerations to be developed simultaneous with and/or as part of the Housing Element, we can ensure that artists’ unique housing, work-space and affordability needs are considered during the Update process, and incorporated as feasible in the Housing Element and other zoning and planning processes.

FISCAL & STAFF IMPACTS
Staff and the Commissions are already engaged in in-depth discussion of housing needs, zoning changes, and programs to meet housing and affordability needs communitywide. Adding more explicit consideration of the specific needs of artists, drawing from studies already completed and with input from the Arts Commission and arts community, will add important information to existing discussions. Additional formal study or consulting help is not envisioned.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This referral asks only for concepts to be studied and incorporated into a planning process already underway, and does not entail environmental or climate impacts.

CONTACT PERSON
Councilmember Sophie Hahn, [email protected]; 510-682-5905 Attachments

1. affordable housing for artists in berkeley

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affordable housing for artists in Berkeley
a baseline survey

Anh Thang Dao-Shah, ph.d.& Asif Majid, ph.d
creative equity research partners
December 2021

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affordable housing for artists in berkeley
a baseline survey

1 contents

2 | executive summary

3 | introduction

6 | survey results

8 | key findings

13 | recommendations

15 | further research

16 | appendices
a : community advisory group members
b : survey questions

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affordable housing for artists in berkeley
a baseline survey

2 executive summary

This project aims to respond to concerns around housing and art space affordability among artists and arts organizations in Berkeley by answering two key questions:

1) What are the trends around local affordability issues that can be addressed through targeted resources and policy solutions?
2) What pre-existing housing disparities impact what artists seek in possible affordable housing solutions?

As in other parts of the Bay Area, narratives of concern around affordability in the arts ecosystem in the past decade are often anecdotal. The sector lacks comprehensive data that could inform system change solutions. To that end, this report is based on a survey and focus groups with a diverse group of artists and cultural workers in Berkeley to provide systematic data around the unique housing and space needs of artists. It seeks to better position Berkeley’s arts community to participate in the City’s current affordable housing efforts and help improve the safety of local arts spaces, without causing further artist displacement.

key findings
Artists are highly educated, yet have low income
Berkeley’s artists and artists/cultural workers who responded to the survey are highly educated (88% have a Bachelor’s degree or higher). Yet, 60% of that same group has lower, very low, or extremely low income.

Artists and cultural workers have multiple forms of employment Only 32% of all respondents reported that they are employed full time. Others indicated that they cobble together different types of part-time and short-term contract work, as well as self-employment, in order to make ends meet.

Artists are rent burdened
Artists and artists/cultural workers disproportionately rent their living space (71%).

Of those who rent, 77% are rent burdened or severely rent burdened, based on the California’s Department of Housing and Community Development definitions.

Artists have a unique need for flexible live/work spaces Responding artists and artists/cultural workers indicated, at a rate of 82%, that they do their creative work in their living space. Of those respondents, over half (56%) practice artistic disciplines that require extra ventilation.

recommendations
• create policies that prioritize artists for new affordable housing • designate some of Berkeley’s upcoming affordable housing funding from measure O for units specific to artists
• consult artists when designing new policies for live/work spaces • develop artist-specific resources and technical assistance to bring artists into the existing affordable housing pipeline
• pilot a guaranteed basic income program for qualifying artists

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affordable housing for artists in berkeley
a baseline survey

3 introduction

why this project?

This project was initially conceptualized in 2019 in response to concerns around housing and art space affordability among artists and arts organizations in Berkeley. It was motivated by two events.

Second, in November 2018, the voters of Berkeley approved two bond measures totaling $135 million to fund affordable housing in Berkeley. Berkeley City Council subsequently began the development of an affordable housing framework ( Housing for
a Diverse, Equitable and Creative Berkeley) to guide Berkeley’s affordable housing policies, programs, and projects through 2030.This framework explored wide array of affordable housing for artists and other creative workers. In July 2019, the Council referred this policy document to various Commissions for further development.

However, the pandemic caused this work to be temporarily put on hold.

As elsewhere in the Bay Area, concerns around the arts ecosystem’s affordability over the past decade are mostly anecdotal, arising when a major artist or arts organization imminently faces the loss of their living and work space. These stories, while important, inadequately inform systems change solutions aimed at addressing structural concerns.

To that end, this project’s goal is to develop an assessment that provides systematic data around the unique housing and space needs of artists and cultural workers. This will better position the arts community to participate in Berkeley’s ongoing affordable housing efforts and help improve art space safety in Berkeley without causing further displacement of artists. Two key questions guided this project from the beginning:

1) What are the trends around local affordability issues that can be addressed through targeted resources and policy solutions? 2) What pre-existing disparities could impact possible affordable housing solutions for artists?

This second question is key to ensure the solutions we suggest do not unintentionally impact some groups more than others.

In April 2020, the COVID-19 pandemic brought a pause to the assessment project and

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introduction affordable housing for artists in berkeley a baseline survey

4 raised new affordability questions, as the arts community dealt with the consequences of regular lockdowns. While some local, state, and federal measures -- such as the eviction moratorium and extension of unemployment benefits to independent contractors -- helped prevent widespread displacement during the pandemic’s height, the new normal brought new concerns as artists and cultural organizations continue to struggle with canceled events, lower venue capacity, and overall uncertainty.

These questions brought new urgency to the project, as well as the need to methodologically pivot and narrow the project’s focus. Instead of focusing on both housing needs of artists and space needs of arts organizations as originally envisioned, this project focused on understanding the affordable housing and workspace needs of individual artists and cultural workers to ensure timely recommendations that would allow for participation in ongoing affordable housing efforts. This shift also allowed for the inclusion of additional questions that sought to understand both the short-term impact of the pandemic and the ongoing challenges that would inform long-term strategies to address affordability issues in Berkeley.

methodology and data limitations
In order to collect data directly from artists and cultural workers during the ongoing pandemic, an online survey was issued in September 2021 through the Berkeley Civic Arts Program. The survey was open for four weeks and was accompanied by a robust outreach strategy, including outreach and reminder emails through the Civic Arts Program’s and City of Berkeley’s mailing lists and social media channels, the direct networks of a number of arts organizations represented by members of an ad-hoc advisory group, and posting on other community-serving digital platforms like Nextdoor. A list of all survey questions is found in Appendix B.

In addition to quantitative data, this project relies on the insights of artists, cultural leaders, and the City’s affordable housing experts to provide context to the affordability crisis and housing needs. Research staff conducted three focus group meetings with 21 community stakeholders, who formed an ad-hoc community advisory group.

Members of the advisory group were selected to provide different perspectives on the historic and current landscape of arts and culture in Berkeley with a specific focus on housing needs for artists and cultural workers. With research staff, the advisory group helped design survey questions, reviewed preliminary findings, and brainstormed potential solutions. A list of the advisory group participants is provided in Appendix A.

Any survey of artists must contend with the fact that there is no baseline dataset regarding the number of artists in a given community, due to the various ways artists can be defined. The most common way to define a professional group is to use IRS data that classifies someone’s profession based on the income they earn from their main profession. Artists’ main sources of income, however, often do not come from artwork; income sources are diverse and cross-sectoral. The same can be said for cultural workers. Plus, an artist’s level of engagement with an art practice is not limited to paid opportunities. Income is thus an inadequate defining criterion. Through this survey’s

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5 grassroots and community-centered approach, this project provides a snapshot of the needs of the arts and culture sector and should be understood as baseline data that should be supplemented with ongoing and long-term data collection and analysis.

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6 31%of respondents identified as LGBTQIA+

62%of respondents identified as female
survey results

who responded?

A total of 163 artists and cultural workers responded to the survey. This constitutes

0.14% of Berkeley’s population, based on data from the 2020 census. For comparison, in a similar study in 2015 in San Francisco, which involved a six-week survey and multiple in-person outreach events, 560 artists and cultural workers responded to the survey. That constituted 0.07% of San Francisco’s population, based on 2010 census data. In other words, the Berkeley survey had double the response rate.

Of the Berkeley survey respondents, 48% identified as artists, 15% identified as cultural workers, and 37% identified as both artists and cultural workers. In total, 32% of respondents do not currently reside in Berkeley, while 39% have lived in Berkeley for more than 10 years.

2D
17%
Theater and
Performance
14%
Dance
7%
3D
9%Craft
7%
Film, Video,
Media Arts
10%
Literary Arts
15%
Music
12%
Social
Practice
9%

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7 Figure 2: Race and ethnicity of survey respondents

Figure 3: Race and ethnicity of City of Berkeley residents

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8 key findings

Artist respondents are highly educated, yet have low income

Of those respondents who identified as artists or as both artists and cultural workers, 88% reported having a Bachelor’s degree or higher. Of that same group, 60% reported an annual household income of $69,000 or less. According to the California Department of Housing and Community Development, in Alameda County for a single individual in 2019 (when this project and survey were first developed), annual household income of $26,050 or below constitutes extremely low income, between $26,051-$43,400 is defined as very low income, and between $43,401-$69,000 is defined as lower income. Per these categories, 60% of those who identified as artists or both artists and cultural workers have lower, very low, or extremely low income. In 2021, the upper threshold for the lower income category has risen to $76,750, meaning that artists are now even further behind financially than they were two years ago.

While low income is prevalent across the group, this rate is significantly higher among BIPOC respondents. Of respondents who identified as non-White, 72%, reported having lower, very low, or extremely low income, compared to 55% among those who identified as White or Caucasian. Due to the small number of participants, we are unable to make comparison between different groups who identify as non-White.

Figure 4a: Income categories for all artist respondents

Income Category Income Range Percentage of Artist Respondents Extremely Low ≤ $26,050 21%
Very Low $26,051-$43,400 16%
Low $43,401-$69,000 23%

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9 Median $69,001-$78,200 17%
Moderate $78,201-$93,850 18%
Decline to State n/a 5%
Figure 4b: Income ranges for artist respondents

Artists and cultural workers have multiple forms of employment

Only 32% of all respondents reported that they are employed full-time. Others indicate that they engage in a patchwork of different types of part-time and short-term contract work, as well as self-employment, in order to make ends meet. Examples of employment that respondents are undertaking include: being a self-employed artist for one’s own or another’s art practice, being employed part time/doing regular work for pay as either a cultural worker or otherwise, doing contract work as a cultural worker or something other than a cultural worker, and undertaking unreported work for cash.

Artist respondents report being rent burdened, but are not immediately concerned with losing their housing

Among respondents who identify as artists and as both artists and cultural workers, 71% of respondents rent. Of those who rent, 77% are rent burdened or severely rent burdened. According to the US Department of Housing and Urban Development , a
household or individual that spends more than 30% of their monthly household income on rent is rent burdened. Severely rent burdened households or individuals spend more than 50% of their monthly household income on rent.

Figure 5: Respondents’ percentage of monthly household income spent on rent

While studies have shown that rent burden and extremely low income decrease the health and overall wellbeing of all those impacted, for artists this burden can

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10 fundamentally change the way they engage with their artistic practice. Qualitative comments provided by the respondents highlighted having to scale back on their practice in order to earn the income they need to pay rent. This means they are unable to focus on developing their creative practice. As one respondent, a musician, explained:

The cost of living in the Bay Area fundamentally changes how I am able to grow in my craft. Since we are all hustling to pay rent at this level, rehearsals must be paid, limited and without a "post gig hang" - something I find central to collaborating with others. This limits how much performing I can do with others, which limits how much I can grow, experiment and contribute in my craft.

Over the long term, the lack of opportunities for artists to devote time and energy to their practice can lead to the abandonment of artistic practice altogether.

Despite respondents’ high rent burden and low income, those identifying as artists and as artists/cultural workers do not indicate concerns around losing their housing in the near future.

Only 9% of respondents reported that they were evicted due to no-fault causes in the last 2 years. No-fault eviction is defined as evictions that take place when leases are not renewed without the tenant having violated any regulations as long as a notice to move out is sent to the tenant within the required time period. Landlords might choose to evict tenants who are paying rent on time and complying with regulations due to owner move in or the need to retrofit a building. In the last decade, as the affordability crisis has intensified throughout the Bay Area, no-fault eviction has often been used to let go of long-term tenants who are protected from rent increases to bring in new tenants who are charged at market rate. In the survey issued to San Francisco artists, about 30% of respondents reported that their leases were not going to be renewed due to no fault of their own.

Only 6% of respondents had to rely on the eviction moratorium during the pandemic. In total, only 9% of respondents are uncertain or very uncertain that they will be able to retain housing after the moratorium ends (20% were neither certain nor uncertain).

Though seemingly at odds with other findings, this sentiment could be attributed to three factors.

First, Berkeley has strong renter protection policies. Qualitative survey responses show that many respondents who rent are aware of and rely on rent control, which helps keep their rent affordable. This is especially true with respondents who have resided in Berkeley for more than five years. Not concerned with immediate loss of housing does not mean that existing housing needs are met, however. As one respondent explained:

The only reason I am able to remain in the Bay Area is because I have been in the same unit for a decade and we have rent control - the other apartments in my building go for over twice what we're paying. […] If I ever wanted to leave this apartment (and I do), I would have to leave the area entirely, because I can't afford anything else.

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11 The gap between existing housing and respondents’ needs is especially acute for those working in artistic disciplines that have specific space requirements like extra ventilation.

Second, the fact that the majority of respondents engage in multiple forms of employment means that they have multiple sources of income beyond their artistic practices to rely on for rental needs. However, as discussed above, in the long-term, the high burden of rent and reliance on other means of employment to make ends meet will impact artists’ abilities to sustain their art. As one artist wrote:

My housing is over 2/3 of my income, leaving little to nothing for anything over basic living expenses.

Lastly, the timing of the survey suggests that those who are currently still residing in Berkeley are the ones who managed to weather the wave of displacement that took place in the last decade through the two factors described above and we have not captured the concerns of those who already had to leave as displacement was taking place. According to the Urban Displacement Project, by 2018, almost all of Berkeley, except the immediate area surrounding University of California, Berkeley was experiencing ongoing and advanced gentrification, with a few areas already becoming exclusive and three areas in North Berkeley marked as low income and susceptible to displacement. South Berkeley area between Ashby Avenue and Emeryville border was in an advance gentrification stage with displacement having taken place between 2000 and 2018.

For comparison, the study in San Francisco took place in 2015, in the middle of the biggest wave of gentrification in the broader Bay Area. In that study, more than 1/3 of respondents expressed immediate concerns about loss of housing due to rent increase, end of lease term or fear of no-fault eviction.

Notably, South Berkeley also had high percentage of BIPOC population (between 50% and 70%). This data confirms that, like in the rest of the Bay Area, BIPOC communities are more susceptible to early displacement and the survey respondents’ demographic reflects these changes in the population.

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12 Artists have a unique need for flexible, live/work space

Of responding artists and artists/cultural workers, 82% reported that they make their art where they live, with 56% of this group requiring extra ventilation for their art.

This finding reflects the way that affordability challenges can fundamentally change an artist’s practice. For artists needing extra ventilation, this could mean a choice between maintaining their own health and practicing their art, particularly if there is no adequate separation between where artists sleep, cook, and eat and where artworks are being stored, produced, or left to dry. The need for flexible and affordable live/work space has pushed artists to make choices to live in dangerous conditions that can have fatal consequences. As one artist respondent explained:

It’s really hard to find space to train that is affordable. I need at least 20’ ceilings, ideally 30’. There were many affordable live/work warehouse conversions with this kind of ceiling height pre-Ghostship but many of these affordable spaces were affordable due to slumlord and very DIY situations, which often meant common housing needs like sealed roofs, consistent mail/package delivery, heating, bedroom windows/egress, were not guaranteed. The tragedy at Ghostship has led cities around the Bay Area to tighten up their policies around DIY spaces to prevent similar situations. However, without intentional creation of spaces that meet the needs of practicing artists, such policies do not solve the root cause problem that have caused artists to seek out those spaces in the first place.

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13 recommendations

Create policies that prioritize artists for new affordable housing

Artists are an important part of the fabric of Berkeley as a city. As such, they should be part of ongoing conversations about Berkeley’s housing plan. The survey results demonstrate that artists -- as a group -- have low income, a high rent burden, and have traditionally been left out of ongoing affordable housing. In order to mitigate further displacement and allow artists to continue to work and thrive in Berkeley, the City could consider creating a priority category for artists who meet income qualification to access affordable housing. Such a priority category would require working with the arts community to create an inclusive definition of what it means to be an artist. It should also take into consideration and center artists from Black, Indigenous, and People of Color (BIPOC) communities, as well as LGBTQ+ communities who have already been displaced. In doing so, artists will have an opportunity to return to Berkeley and enrich the city’s social and artistic fabric.

Designate some of Berkeley’s upcoming affordable housing funding from measure o for units specific to artists

On July 24, 2019, Berkeley’s Civic Arts Commission approved an amendment recommendation for Measure O that called for “significantly increas[ing] the supply of affordable housing and live/work housing for artists, artisans, and cultural workers” through adding to the zoning ordinance, incentivizing developers to build market-rate housing that includes affordable live/work units for creative workers, and incorporate live/work spaces for artists and cultural workers into large-scale affordable housing projects. Other proposals included the development of a community land trust and transforming underused retail spaces and City-owned buildings into artist live/work spaces. These recommendations should be revisited and implemented, as they align with the range of qualitative responses that came through the survey. Respondents also suggesting the development of: 1) co-ops; 2) a separate affordable housing lottery specifically for those artists and cultural workers from BIPOC and other underserved communities; and 3) relationships between the City and land trusts to purchase buildings that serve as artist housing. These suggestions point to the importance of re- evaluating how zoning and other policies further disenfranchise artists and cultural workers.

Consult artists when designing new policies for live/work spaces

Across the Bay Area, responses to the Ghostship fire emphasized increased attention to artist DIY live/work spaces. These spaces were often the only options for artists to access live/work spaces that met their needs. Yet, artists have always worked to transform neighborhoods through their work and creative use of space. As Berkeley works to address affordability issues for all of its residents, consulting and involving

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14 artists in the planning process can help bring about a much-needed, new, and fresh perspective on issues such as rezoning, repurposing ground floor spaces, and requiring community benefit proposals for new development.

Develop artist-specific resources and technical assistance to bring artists into the existing affordable housing pipeline

Due to the nature of their work, artists often have a unique income structure that makes applying for affordable housing more difficult. In addition, the survey shows that artists have needs for certain types of spaces that might be difficult to identify. Funding technical assistance to support artists to translate their needs and apply for the existing affordable housing pipeline could be an important step in helping artists leave inadequate living situations. The advisory group also recommended creating a one-stop shop that features affordable housing for artists (perhaps akin to a specialized version of San Francisco’s DAHLIA housing portal
),which would create a platform where
artists could share information about available housing and get connected to resources like financial technical assistance. A space geared towards artists’ housing needs might be especially beneficial for artists who are looking for affinity housing along the lines of race and sexual identity, which allows them to stay more connected with their own communities.

Pilot a guaranteed basic income program for qualifying artists

Acknowledging the disproportionate impact of the pandemic on a community that was already struggling due to ongoing affordability challenges, multiple cities such as San
Francisco and Minneapolis have launched pilot programs providing artists from marginalized communities who meet income requirements with a monthly stipend that would help cover their basic needs. Stipends are unrestricted, so they can be spent on rent and food while artists continue their artistic practice. Due to the existing racial wealth gap, which was reflected in the survey results, such a pilot should prioritize BIPOC artists. These types of programs are gaining national attention because the arts and culture are often cited as key strategies for economic recovery. Practicing artists are essential for such recovery. The advisory group agreed that a basic income program would address two key findings in this report -- respondents’ extremely low income and high rent burden -- both of which have already forced artists to significantly modify or abandon their art practices.

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15 further research

While the survey and focus groups discussed in this report have provided a much- needed snapshot into the space needs of artists in Berkeley, limited data does not allow us to paint a comprehensive picture. The following research and data collection is recommended, in order to complement this report.

Work with arts organizations to understand the income levels and housing needs of cultural workers

Only 15% of the respondents to the survey identified exclusively as cultural workers, meaning that there was not a statistically significant sample from which to draw conclusions about the needs of cultural workers. Further research, specifically on the housing needs and income levels of cultural workers, is needed.

Conduct a disparity study

Currently, Berkeley does not have comprehensive race and ethnicity data for seekers of affordable housing. Therefore, it is impossible to determine whether or not the artists who responded to this survey are demographically representative of the population that qualifies for affordable housing. A disparity study will ensure that changes in policy will not disproportionately impact certain groups.

Continue to collect data on artists

The lack of baseline data on artists -- even as simple as the total number of artists and disciplines practiced in a given community -- prevents us from understanding the extent of the issues that artists face. More long-term data collection and analysis of artists in Berkeley will allow the city to identify trends, as well as possible challenges that can be mitigated by timely policy changes.

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16 appendices

a: community advisory group members

Kim Anno, Berkeley Civic Arts Commission
Delores Nochi Cooper, Berkeley Juneteenth Festival
Bruce Coughran, Indra’s Net Theater
Hadley Dynak, Berkeley Cultural Trust
Misty Garrett, City of Berkeley
Ashlee George, Capoeira Arts Foundation and BrasArte
Mayumi Hamanaka, Kala Art Institute
Archana Horsting, Kala Art Institute
Mildred Howard, Independent Artist
Beatriz Leyva-Cutler, BAHIA
Amanda Montez, City of Berkeley
Mirah Moriarty & Rodrigo Esteva, Dance Monks
PC Muñoz, Freight & Salvage and BCT E&I Committee
Natalia Neira, La Pena Cultural Center and BCT E&I Committee Daniel Nevers, Berkeley Art Center
Nancy Ng, Luna Dance Institute
Kathryn Reasoner, Vital Arts
Leigh Rondon, Shotgun Theater
Irene Sazer, Independent Artist (Civic Arts Grantee)
Sean Vaughn Scott, Black Repertory Group Theater
Rebecca Selin, Gamelan Sekar Jaya
Terry Taplin, Berkeley City Council and former Berkeley Civic Arts Commissioner Rory Terrell, Local Artists Berkeley
Tyese Wortham, CAST
Chingchi Yu, Independent Artist (Civic Arts Grantee)

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17 b: survey questions

Messaging

Are you an artist or cultural worker struggling to find affordable housing for you and your family?

Artists and cultural workers in Berkeley and throughout the Bay Area are facing an affordability crisis that prevents them from focusing on their creative work. Through the recently completed cultural planning process, the City of Berkeley identified as a primary goal the need to protect and increase access to affordable housing for artists and cultural workers.

Currently, there is little to no data on the affordable housing concerns of Berkeley artists and cultural workers. Your responses to this survey will help the City of Berkeley create programs and policies tailored to the housing needs that are specific to Berkeley’s arts sector, including affordable housing and live-work spaces.

Thank you for helping keep Berkeley affordable for artists and cultural workers.

Survey Questions

1. Are you an artist or cultural worker?
a. Artist [proceed to question 2]
b. Cultural Worker (staff member at an arts culture organization) [Proceed to Question 4]
c. Both

2. If you are an artist, how would you describe your artistic practice/artwork? Select all that apply:
a. 2D (Painting, Printmaking, Drawing, Photography, etc.) b. 3D (Sculpture, Installation)
c. Theater/Performance
d. Dance
e. Craft
f. Film, Video, and/or Media Arts
g. Literary (Creative Writing, Poetry, etc.)
h. Music
i. Social Practice
j. Write in_____

3. Do you work with a medium that requires extra space and/or ventilation? This may include metal welding, spray paint, etc.
a. Yes
b. No

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18 4. If you are a cultural worker, do you work at a Berkeley-based arts and culture nonprofit organization?
a. Yes
b. No

5. What is your primary language?
a. English
b. Spanish
c. Chinese (Mandarin and Cantonese)
d. Tagalog
e. Vietnamese
f. Persian
g. Portuguese
h. Punjabi
i. Swahili
j. Write In:_______________________
k. Decline to State

6. What is your race/ethnicity?
a. African-American or Black
b. American Indian or Alaska Native or Indigenous or First Nations c. Arab or Middle Eastern
d. Asian or Asian American
e. Hispanic or Latina/Latino/Latinx
f. Native Hawaiian or Pacific Islander
g. White or Caucasian or European American
h. Multi-racial or multi- ethnic (2+ races/ethnicities) i. Write In____________________________________
j. Decline to State

7. What best describes your gender identity?
a. Female (cisgender)
b. Female (transgender)
c. Male (cisgender)
d. Male (transgender)
e. Gender-fluid/Genderqueer/Gender-expansive/Non-binary f. Write In_________________________
g. Decline to State

8. How do you describe your sexual orientation or sexual identity? a. LGBTQ+
b. Heterosexual/straight
c. Write in__________________
d. Decline to State

9. Do you identify as a person with a disability?

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19 a. Yes
b. No

10. Please select the highest degree or level of school you have COMPLETED. If currently enrolled, mark the previous grade or highest degree already received. a. Less than high school
b. High school diploma/GED
c. Associate's degree
d. Bachelor's degree
e. Master's degree
f. Doctorate degree

11. How many people live in your household, including yourself? a. One [Proceed to Question 14]
b. Two
c. Three
d. Four
e. Five
f. More than five: Write In ___________________

12. Do you have any children under the age of 18?
a. Yes
b. No [Proceed to Question 14]

13. If yes, how many children currently live with you? a. One
b. Two
c. Three
d. More than three
e. Write in:______________________

14. What is your total household income?
a. Less than $26,050
b. $26,051-$43,400
c. $43,401-$69,000
d. $69,001-$98,549
e. More than $98,550
f. Decline to state

15. If you are an artist, do you make 50% or more of your income from your artistic practice?
a. Yes
b. No
c. I don’t know
d. I am not an artist

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20 16. What is your current employment status? Check all that apply:
a. Self employed artist for your own art practice
b. Self-employed, but not for your own art practice
c. Employed full time as a cultural worker
d. Employed full time as something other than a cultural worker e. Employed part time/doing regular work for pay as a cultural worker f. Employed part time/doing regular work for pay as something other than a cultural worker
g. Contract work as a cultural worker (for example: I receive a 1099 from a nonprofit arts organization organization)
h. Contract work as something other than a cultural worker (for example: I receive a 1099 from a separate non-arts organization or business) i. Unreported work for cash
j. Not employed

17. How easy is it to predict your total income from month to month? a. Very easy
b. Moderately easy
c. Neither easy nor difficult
d. Moderately difficult
e. Very difficult

18. How certain are you that your total income will return to pre-pandemic levels, over the next 6 months?
a. Very certain
b. Moderately certain
c. Neither certain or uncertain
d. Moderately uncertain
e. Very uncertain

19. What percentage of your average monthly income do you spend on housing costs? a. Less than 20%
b. 20%-30%
c. 30%-40%
d. 40%-50%
e. More than 50%
f. I don’t know

20. What is the zip code where you work?

21. What is the zip code where you live?

22. How long have you lived in Berkeley?
a. I do not live in Berkeley
b. Less than a year

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21 c. 1 - 3 years
d. 3 - 5 years
e. 5 - 10 years
f. More than 10 years
g. How long? ______________

23. How long do you expect to remain in Berkeley?
a. I do not live in Berkeley
b. Less than a year
c. 1 - 3 years
d. 3 - 5 years
e. 5 - 10 years
f. More than 10 years
g. How long? ______________

24. Do you own or lease your living space?
a. Lease [proceed to question 25]
b. Own [proceed to question 28]

25. What is your lease term?
a. Month to month
b. 1 year
c. 2-3 years
d. More than 3 years

26. How many square feet is your space?

27. How much do you pay in rent per month?

28. Have you been displaced due to a “no-fault” or "no-cause" eviction in the past 2 years? (A “no-fault” or “no-cause” eviction is an eviction that is no fault of the tenant, but is allowed under the law.)
a. Yes
b. No
c. I don't know

29. If you were displaced, did you have to move away from Berkeley? a. Yes
b. No

30. If you were not displaced, did you have to rely on the eviction moratorium that Berkeley has implemented over the past 12 months?
a. Yes
b. No
c. I didn’t know that evictions had been halted over the past 12 months.

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22 31. How certain are you that you will be able to retain your housing when the eviction moratorium ends?
a. Very certain
b. Moderately certain
c. Neither certain or uncertain
d. Moderately uncertain
e. Very uncertain

32. Do you use your living space for housing and your creative practice? a. Yes [proceed to question 37]
b. No [proceed to question 32]

33. If you have a work space that is separate from your living space, do you own or lease your work space?
a. Lease [proceed to question 34]
b. Own [proceed to question 36]

34. What is the lease term for your work space?
a. Month to month
b. 1 year
c. 2-3 years
d. More than 3 years

35. How much do you pay in rent per month for your work space? Write in_____________________________

36. How many square feet is your work space?
Write In________________________

37. Have you been displaced from your work space due to a “no-fault” or "no-cause" eviction in the past 2 years? (A “no-fault” or “no-cause” eviction is an eviction that is no fault of the tenant, but is allowed under the law.)
a. Yes
b. No
c. I don't know

38. If you were displaced, did you have to move your work space away from Berkeley?
a. Yes
b. No

39. Do you share your work space?
a. Yes
b. No

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23 40. What are some challenges you’ve faced in the past when trying to access or find affordable housing?

41. Please share any ideas you have on how to ensure equitable participation of BIPOC artists and cultural producers from other historically underserved communities, as well as recommendations for local organizations that should be consulted.

42. Do you have anything else to share with us?

-----------------END OF SURVEY---------------

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Kate Harrison
Councilmember District 4
2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7140 TDD: 510.981.6903 E-Mail: [email protected]

REVISED AGENDA MATERIAL
for Supplemental Packet 2

Meeting Date: November 30, 2021

Item Number: 27

Item Description: Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code

Submitted by: Councilmember Harrison

The supplemental includes updates to the ALPR Use Policy as follows:

• Removes reference to Government Code Section 34090 consistent with SB 34 (providing for a local government to set ALPR retention limits). • Clarifies that the definition of the State Stolen System includes the DMV’s SVS database.
• Clarifies the type of data that is considered confidential pursuant to recent State Supreme Court rulings.
• Fixes inconsistency under the “Invasion of Privacy” section. • Adds missing reference to state and federal law under “Use Based on a Protected Characteristic” section.
• Clarifies IT’s role in maintaining accuracy and functionality of ALPR equipment.
• Further clarifies distinction between ALPR Read Images and ALPR Hits. • Strikes extraneous language regarding Sworn Officer stolen vehicle verification procedures.
• Clarifies that ALPR data may only be shared with law enforcement or prosecutorial agencies as permitted by the Policy.
• Adds specific references to BMC sections under the auditing and oversight section.
• Adds other non-substantive changes.

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Surveillance Use Policy – Automatic License Plate Readers 1302.1 PURPOSE
This Surveillance Use Policy is legally-enforceable pursuant to BMC 2.99.

The policy of the Berkeley Police Department is to utilize ALPR technology to capture and store digital license plate data and images for Parking Enforcement Operations and Parking Occupancy Analysis while recognizing the established privacy rights of the public.
1302.2 DEFINITIONS
“Alleged Parking Violation” means an alleged violation of time limits in parking areas designated by state and local law, or a violation of time limits and/or non-permit parking in the City’s RPP zones.
“ALPR Read Image” means images of license plates, vehicles, wheels or any other incidentally captured image.
“ALPR Read” means computer-readable data captured by an ALPR Reader, including ALPR Read Image and associated ALPR Read Metadata. ALPR Reads are transient means to create potential government records, to include Parking Occupancy Analysis data and Enforced Citations, and therefore shall not be considered a government record itself pursuant to Government Code § 34090.6.
“ALPR Hit” means an Alleged Parking Violation or State Stolen or Wanted System alert resulting from computer generated analysis of ALPR Reads by the Genetec ALPR System resulting in an apparent:
(1) match between an ALPR Read and ALPR Read Metadata stored in the Genetec ALPR System, to include the State Stolen or Wanted System; or (2) incongruence between an ALPR Read and permit information stored in the Passport Parking Management System.
“ALPR Read Metadata” means any image-based or other metadata, including but not limited to, global positioning system coordinates, block face information, tire position information, digitized license plates in alphanumeric characters, and timestamps. “Automated License Plate Reader” or “ALPR” means one or more Genetec AutoVu mobile cameras affixed to Parking Enforcement Scooters and combined with computer software and algorithms to read and convert images of license plates, the characters they contain, and associated ALPR Read Metadata related to Parking Enforcement Operations or Parking Occupancy Analysis into computer-readable data. “Deploy” or “Deployment” means any operation or use of ALPR Readers affixed to Parking Enforcement Scooters.

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“Enforced ALPR Hit” means an Alleged Parking Violation confirmed by a Parking Enforcement Officer that results in the transmission of associated ALPR Read Image and ALPR Read Metadata to the Passport Parking Management System for storage in a database as a government record for the purpose of citation processing. “Genetec ALPR System” means the computerized Genetec server and database that stores and pushes ALPR Read Metadata generated by ALPR Readers. “Residential Parking Permits” or “RPP” means an annual, visitor, merchant or in-home care parking permit, typically represented by a vehicle’s license plate, and associated with the City’s Residential Parking Permit program across designated zones. “Parking Enforcement Scooter” means the GO-4 three-wheeled parking enforcement vehicle.
“Parking Enforcement Officers” means employees of the City who work weekly rotations on Parking Enforcement Operations beats throughout the City and are properly trained to operate ALPRs and access the Genetec ALPR System.
“Parking Enforcement Operations” means Parking Enforcement Officer enforcement of parking regulations associated with local ordinances, the California Vehicle Code, and State Stolen or Wanted System enforcement through Parking Enforcement Scooter- based automated (ALPR) and non-automated means.
“Personally Identifiable Information” or “PII” means information:
(1) that directly identifies an individual (e.g., name, address, vehicle registration number, or other identifying number or code, telephone number, email address, etc.) or (2) by which the City or other agency intends to identify specific individuals in conjunction with other data elements, i.e., indirect identification. “Parking Occupancy Analysis” means ongoing computational or algorithmic analyses performed by Passport Parking Management System or the City of Berkeley on ALPR Read Metadata regarding the occupancy of total parking spaces across commercial districts as part of goBerkeley, the City's data-driven, demand-responsive parking management program. ALPR Read Metadata data associated with Parking Occupancy Analysis shall not include any license plate or other PII information. “Parking Permit Application” means an application submitted to the City for RPP or other permit that may include but is not limited to PII such as names, address, photo identification, vehicle registration (license plate and vehicle identification number), phone number and email address.
“Passport Automatic Occupancy Data Collection System” means the server and database whereby the Passport Parking Management System vendor, on behalf of the City, downloads, stores and transfers Parking Occupancy Analysis ALPR Read

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Metadata stripped of any and all PII before being transferred to the goBerkeley program.
“Passport Parking Management System” means the servers and databases maintained by Passport Labs Incorporated, containing the database of the license plate numbers and other PII associated with Parking Permit Applications and Residential Parking Permits, and including historic parking citation data, to include Enforced Hits. “PocketPEO” means a mobile device providing handheld ticket issuance and ALPR data reference capabilities.
“State Stolen or Wanted System” means information from the California Law Enforcement Telecommunications System's (CLETS) Department of Motor Vehicles (DMV) Stolen Vehicle System (SVS) database providing data regarding stolen vehicles., and the Federal Bureau of Investigation's National Crime Information Center (NCIC) database of and wanted vehicles.
1302.3 AUTHORIZED AND PROHIBITED USES
Use of an ALPR is restricted to the purposes outlined below.

All data and images gathered by the ALPR are for official use by the Berkeley Police Department for Parking Enforcement Operations and may be retroactively queried in limited circumstances only as specified by this policy.

In addition, ALPR data may be used by the Finance, Information Technology (IT), Customer Service, and Public Works Departments only as specified herein this policy, and consistent with Parking Enforcement Operations and Parking Occupancy Analysis.

Since such data may contain confidential information, it is notData that is considered confidential under recent state Supreme Court rulings is not open to public review, except as specified.

Berkeley Police Department members or other Departments shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).

Anyone who engages in an impermissible use of the Genetec ALPR system or associated scan files or hot lists may be subject to administrative sanctions, up to and including termination, pursuant to and consistent with the relevant collective bargaining agreements and Department policies.
(a) An ALPR shall only be Deployed and used for Parking Enforcement Operations, and Parking Occupancy Analysis.
(b) ALPR data strictly obtained from Parking Enforcement Operations retained pursuant to this use policy, including data and metadata associated with ALPR Reads and Hits, may be used to support a specific criminal investigation only pursuant to a valid court order, subpoena, or a search warrant.

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Except when done pursuant to a court order, subpoena, or a search warrant, iIt is a violation of this Policy to utilize the ALPR to record license plates except those of vehicles that are exposed to public view (e.g., vehicles on a public road or street, or that are on private property but whose license plate(s) are visible from a public road, street, or a place to which members of the public have access, such as the parking lot of a shop or other business establishment).
(2) Harassment or Intimidation
It is a violation of this Policy to use the Genetec ALPR system to harass and/or intimidate any individual or group.
(3) Use Based on a Protected Characteristic.

It is a violation of this Policy to use the ALPRs or associated scan files or hot lists solely because of a person's, or group's race, gender, religion, political affiliation, nationality, ethnicity, sexual orientation, disability, or other classification protected by state and federal law.
(4) Personal Use

It is a violation of this Policy to use the Genetec ALPR System or associated ALPR Read data or the State Stolen or Wanted System hot lists for any personal purpose. (5) First Amendment Rights

It is a violation of this Policy to use ALPRs or associated scan files or hot lists for the purpose or known effect of infringing upon First Amendment rights. (6) Criminal Enforcement
It is a violation of this Policy to use or Deploy ALPRs to scan or canvass license plates in connection with any crime scene, patrol operation, or investigation. (7) Use of Hot Lists
It is a violation of this Policy to use the Genetec ALPR System in conjunction with any hot list other than the State Stolen or Wanted System.
1302.4 DATA COLLECTION AND RETENTION
The Investigations Division Captain, or their designee, is responsible for ensuring proper collection and retention of ALPR data. Technical support and assistance shall be provided by the City of Berkeley's IT department and associated Genetec ALPR system providers/vendors as identified below.

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IT's role will be limited to providing initial infrastructure set-up and accessing or viewing individual records or reports (potentially including PII or CLETS information as authorized by the Chief of Police), limited to the purposes of testing the accuracy of the equipment. Genetec ALPR System data provided to Parking Control Officers may also contain confidential CLETS information and is not open to public review.

ALPR information gathered and retained by the Berkeley Police Department may only be used and shared with prosecutors or other law enforcement agencies pursuant to a valid court order, subpoena, or a search warrant and as limited by this policy. (a) ALPR Read Images
ALPR Read Images and Metadata resulting from ALPR Reads stored locally on Parking Control Officer Vehicle laptops and PocketPEO shall be purged at least nightly.

In no case shall ALPR Read Images resulting from ALPR Reads be transmitted to or stored in the Genetec ALPR System.
(b) ALPR Reads Not Resulting in ALPR Hits
All ALPR Read Metadata from ALPR Reads transmitted and stored in the Genetec ALPR System shall be purged within five (5) days consistent with the City’s 72- Hour Rule (BMC Section 14.36.050).

In no case shall ALPR Read Metadata in the form of license plate data or other PII be transmitted to or stored in the Passport Automatic Occupancy Data Collection System. (c) ALPR Hits
All ALPR Read Images, Metadata, and Hits resulting from ALPR Reads stored locally on Parking Control Officer Vehicle laptops and PocketPEO shall be purged at least nightly.

In no case shall data associated with ALPR Hits be transmitted to or stored in the Genetec ALPR System, nor shall license plate data or other PII included as part of ALPR Read Metadata be transmitted to or stored by the City for Parking Occupancy Analysis (goBerkeley), to include the Passport Automatic Occupancy Data Collection System or as City Department records.
(d) Unenforced ALPR Hits
All erroneous and unenforced ALPR Hit data and Read Metadata shall be purged locally at least nightly.
(e) Enforced ALPR Hits
Only ALPR Read Images and Metadata associated with Enforced ALPR Hits shall be downloaded to the Passport Parking Management servers with a minimum retention period of one year (Government Code § 34090.6) and in accordance with the established records retention schedule. Thereafter, ALPR data should be purged unless

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it has become, or it is reasonable to believe it will become, evidence in a criminal action pursuant to a valid court order, subpoena, or a search warrant or civil action or is subject to a lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence. 1302.5 DATA ACCESS
(a) Only properly trained Parking Control Officers and information technology personnel are allowed access to the Genetec ALPR system or to collect ALPR information. (b) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training, which shall include complying with this use policy.
(c) No ALPR operator may access California Law Enforcement Telecommunications System (CLETS) data unless otherwise authorized to do so. (cd) If a Sworn officer is called to verify a stolen vehicle, iIf practicable, the officer should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR Hit. (e) Police will not take any police action that restricts the freedom of any individual based solely on an ALPR Hit unless it has been validated as described above in (d). (1) Police need to have reasonable suspicion and/or probable cause to make an enforcement stop of any vehicle. For example, if a vehicle is entered into the system because of its association with a wanted individual, Officers should attempt to visually match the driver to the description of the wanted subject prior to making the stop or should have another legal basis for making the stop.
(2) Prior to initiation of a stop of a vehicle or other intervention based on an ALPR Hit, Department members shall undertake the following:
(i) Verification of status on State Stolen or Wanted System.

An officer must receive confirmation from a Police Department Communications Dispatcher or other department computer device, that the license plate is still stolen, wanted, or otherwise of interest before proceeding (absent exigent circumstances). (ii) Visual verification of license plate number.

(d) Sworn Officers shall visually verify that the license plate of interest matches identically with the ALPR Read Image of the license plate number captured (ALPR Read) by the ALPR, including both the alphanumeric characters of the license plate, state of issue, and vehicle descriptors before proceeding. Department members alerted to the fact that an observed motor vehicle's license plate is entered as an ALPR Hit in a specific State Stolen or Wanted System list are required to make a reasonable effort to

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Berkeley City CouncilJanuary 25, 2022

Berkeley City Council
January 25, 2022