Agenda packet — Berkeley City Council, May 10, 2022 (part 1 of 5)

Tuesday, May 10, 2022 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, May 10, 2022
6:00 PM

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

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 IN A HYBRID MODEL WITH BOTH IN -PERSON

ATTENDANCE AND VIRTUAL PARTICIPATION

Proof of up-to-date COVID-19 vaccination or verified negative COVID-19 test is required for in-person attendance.

In-person attendees are required to wear a mask that covers their nose and mouth for the duration of the meeting.

If you are feeling sick, please do not attend in-person.

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 or http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

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/87240656157. 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: 872 4065 6157 . If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating 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 cond ucted 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 re lated 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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Tuesday, May 10, 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. Persons attending the meeting in-person and wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

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 speak again at the time the matter is taken up during the Action Calendar.

Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

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

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Consent Calendar
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1. Commission Reorganization for Post-COVID-19 Budget Recovery: Community Health Commission; Revising Berkeley Municipal Code Chapter 3.76 From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,808-N.S. revising Berkeley Municipal Code Sections 3.76.010 to 3.76.040 which establishes the Community Health Commission in order to change Commission membership to include nine (9) people and consolidate the functions of the Commission from ten overlapping and redundant functions to a more concise 4 functions.

First Reading Vote: All Ayes.

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

2. Lease Amendment: Options Recovery Lease of City Property 1835 Allston Way From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,809-N.S. authorizing the City Manager to execute an Amendment to the Lease Agreement with Options Recovery Services for the Old City Hall Annex Building located at 1835 Allston Way.

The lease provides for a total of two options to renew for five (5) year terms. This first option period shall commence (retroactively) on January 1, 2020, and end on December 31, 2024.

First Reading Vote: All Ayes.

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

3. Zoning Ordinance Amendments that Address Technical Edits and Corrections to Berkeley Municipal Code (BMC) Title 23
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,810-N.S. containing technical edits, corrections and other non-substantive amendments to the following sections of the new Zoning Ordinance: BMC Section 23.326.030 (Eliminating Dwelling Units through Demolition)
BMC Section 23.204.020 (Allowed Land Uses)
BMC Section 23.204.100 (C-SA Zoning District)
BMC Section 23.204.110 (C-T Zoning District)
BMC Section 23.204.130 (C-DMU District)
BMC Section 23.204.140 (C-W Zoning District)
BMC Section 23.206 (Manufacturing Districts)
BMC Section 23.302.040 (Home Occupations)
BMC Section 23.304.060 (Accessory Buildings and Enclosed Accessory Structures) BMC Section 23.322.030 (Required Parking Spaces)
BMC Section 23.502.020 (Glossary)
First Reading Vote: All Ayes.

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

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Consent Calendar
Tuesday, May 10, 2022 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, November 16, 2021, December 14, 2021, January 10, 2022, February 8, 2022, March 8, 2022, March 22, 2022, and April 12, 2022.

Financial Implications: To be determined.

Contact: Farimah Brown, City Attorney, (510) 981-6950

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, December 14, 2021, February 8, 2022, and March 22, 2022.

Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950

6. Calling for a Consolidated General Municipal Election for November 8, 2022 From: City Manager
Recommendation:

1. Adopt a Resolution: a. Calling for a General Municipal Election to be consolidated with the Statewide General Election to be held in Berkeley on November 8, 2022; b.

Requesting that the Alameda County Board of Supervisors consolidate the City of Berkeley General Municipal Election with the Statewide General Election; c.

Authorizing certain procedural and contractual actions; and d. Establishing policies for the filing of candidate statements of qualification.

2. Adopt a Resolution establishing policies and timelines for filing ballot measure arguments.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900

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Consent Calendar
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7. Amendment: FY 2022 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance amending the FY 2022 Annual Appropriations Ordinance No. 7,795–N.S. for fiscal year 2022 based upon recommended re-appropriation of committed FY 2021 funding and other adjustments in the amount of $53,155,906 (gross) and $43,380,083 (net).

Financial Implications:

Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

8. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on May 10, 2022
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: Various Funds - $964,022
Contact: Henry Oyekanmi, Finance, (510) 981-7300

9. Purchase Order: ZOLL Medical Corporation for ECG Monitor/Defibrillators From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a Purchase Order and any amendments with ZOLL Medical Corporation for the purchase of five Advanced Life Support (ALS) ECG Monitor/Defibrillators, associated equipment and a maintenance contract for emergency response vehicles in an amount not to exceed $250,000.

Financial Implications: Measure FF - $250,000
Contact: Abe Roman, Fire, (510) 981-3473

10. Contract: Shaw Industries, Inc. for 1900 6th Street Building Carpet Replacement Project
From: City Manager
Recommendation: Adopt a Resolution: 1.Pursuant to City Charter Article XI Section

67.2 requirements, accepting the California Multiple Award Schedule bid procedures;

2. Approving the California Multiple Award Schedule Contract with Shaw Industries, Inc. for Carpet Replacements at the 1900 6th Street building. 3. Authorizing the City Manager or her designee to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the terms and conditions of the agreements with Shaw Industries, Inc. in an amount not to exceed $121,133, which includes a contingency of $14,552.

Financial Implications: Measure GG Fire Prevention Fund - $121,133 Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

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Consent Calendar
Tuesday, May 10, 2022 AGENDA Page 6

11. Contract No. 321001100 Amendment: JotForm, Inc. for a HIPAA Compliant Platform to Support Clinical Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32100110 and any subsequent amendments or extensions with the JotForm, Inc. by adding $17,808, bringing the contract total to an amount not to exceed $55,794 and extending the end date from May 12, 2022 to May 12, 2023.

Financial Implications: General Fund - $17,808
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

12. Meals on Wheels of Alameda County Agency Donations for the Berkeley Meals on Wheels Program
From: City Manager
Recommendation: Adopt a Resolution accepting a $54,167 donation for the Berkeley Meals on Wheels Program from the Meals on Wheels of Alameda County (MOWAC) agency and authorizing acceptance of all subsequent donations received in FY 2022, to be appropriated as part of the Second Amendment to the Annual Appropriations Ordinance.

Financial Implications: Fund Raising Activities Fund - $54,167 (donation) Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

13. 2022 Local Housing Trust Fund Application
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept funds from the State of California's Local Housing Trust Fund program in an amount not to exceed $5,000,000, and to apply such funds to the City's existing funding reservations for Supportive Housing in People’s Park (2556 Haste Street) via the City's Housing Trust Fund program.

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

14. Contract No. 32200074 Amendment: Murray Building, Inc. for Cazadero Camp Jensen Dormitory Construction Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32200074 with Murray Building, Inc. for the Cazadero Camp Jensen Dormitory Construction Project by adding $66,450 for a total not-to-exceed contract amount of $1,528,350.

Financial Implications: Camps Fund - $66,450
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

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Consent Calendar
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15. Contract No. 32000230 Amendment: Robert E. Boyer Construction, Inc. for Berkeley Tuolumne Camp Construction Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000230 with Robert E. Boyer Construction, Inc. for the Berkeley Tuolumne Camp Project by adding $530,832 for a total not-to-exceed contract amount of $39,350,473.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

16. Amendments to On-Call Landscape Architectural Services Contract No. 32000284 with BASE Landscape Architecture, Contract No. 32100002 with PGA Design, Inc., and Contract No. 32000285 with RRM Design Group From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to execute amendments to Contract No. 32000284 with BASE Landscape Architecture, Contract No. 32100002 with PGA Design, Inc., and Contract No. 32000285 with RRM Design Group, for on-call landscape architectural services by increasing the contract amount by $600,000 and duration by fourteen months each, from April 30, 2023 through June 30, 2024, to a total NTE amount of $900,000 each.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

17. Contract No. 100692-2 Amendment: Serological Research Institute for DNA Testing Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 100692-2 and any necessary future amendments with Serological Research Institute (SERI) for the Police Department, increasing the contract amount by $500,000 for a total not to exceed amount of $1,500,000 while the contract term expiration will remain until June 30, 2025.

Financial Implications: State Proposition 172 Fund - $500,000 Contact: Jennifer Louis, Police, (510) 981-5900

18. Public Art Funding for Municipal Capital Improvement Projects Ordinance; Adding Berkeley Municipal Code Chapter 6.13
From: Civic Arts Commission
Recommendation: Adopt first reading of an Ordinance adding Chapter 6.13 Public Art Funding for Municipal Capital Improvement Projects of the Berkeley Municipal Code to provide for the allocation of one and three quarters percent (1.75%) of the estimated cost of construction associated with eligible municipal capital improvement projects, which shall be used for art and cultural enrichment of public buildings, parks, streets, and other public spaces in the City of Berkeley Financial Implications: See report
Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530

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Consent Calendar
Tuesday, May 10, 2022 AGENDA Page 8

19. Recommendation that Vision 2050 Infrastructure Bond Prioritize Clean Mobility From: Energy Commission
Recommendation: The Energy Commission recommends that the Vision 2050 infrastructure bond contemplated for the 2022 ballot prioritize transportation, with an emphasis on building the clean mobility network of the future.

Financial Implications: None
Contact: Billi Romain, Commission Secretary, (510) 981-7400

20. Budget Referral: City-wide Historic Context Statement From: Landmarks Preservation Commission
Recommendation: Refer to the FY 2023 June budget process an amount between $250,000 to $275,000 from the General Fund for Berkeley’s first City-wide Historic Context Statement.

Financial Implications: See report
Contact: Fatema Crane, Commission Secretary, (510) 981-7400

Council Consent Items

21. Support SB 1173 – Divestment from Fossil Fuels
From: Mayor Arreguin (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor) Recommendation: Adopt a Resolution in support of SB 1173 (Gonzalez), which would require the California Public Employees Retirement System (CalPERS) and the California State Teachers’ Retirement System (CalSTRS) to divest from fossil fuel companies. Send a copy of the Resolution to Governor Gavin Newsom, State Senators Nancy Skinner and Lena Gonzalez, and Assemblymember Buffy Wicks.

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

22. Healthy Black Families: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund
From: Mayor Arreguin (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of $20,000 from the Mayor’s Office Budget to Healthy Black Families (HBF) for the purposes of covering costs, from February – May 2022, associated with supporting the Ideation of financing for greater affordable housing at BART station developments. This time period coincides with the end (January 2022) and beginning (June 2022) of grants from the Partnership for the Bay’s Future awarded to the City of Berkeley in partnership with HBF.

Financial Implications: Mayor's Discretionary Funds - $20,000 Contact: Jesse Arreguin, Mayor, (510) 981-7100

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Council Consent Items
Tuesday, May 10, 2022 AGENDA Page 9

23. Budget Referral: Continuing Anti-Displacement Programs From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Refer $1,800,000 ($900,000 annually) to the FY 2023-2024 Budget Process for continued funding of the following anti-displacement programs (launched in 2017) with the proposed funding source from General Fund tax revenues: 1. Housing Retention Program (administered by the Eviction Defense Center EDC): $250,000 per fiscal year. This funding will supplement the current COVID-19 emergency rental assistance program to provide funding after the emergency expires; 2. Legal Counseling, Services and Problem Solving for Extremely-Low, Very-Low, Low and Moderate Income Tenants ($275,000 each to the East Bay Community Law Center and EDC): $550,000 per fiscal year; 3.

Flexible Housing Subsidies for Homelessness Prevention: $100,000 per fiscal year Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

24. Berkeley Housing Authority Loan Forgiveness
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution forgiving a $300,000 Housing Trust Loan to the Berkeley Housing Authority. Forgiving this outstanding loan will enable BHA to provide additional housing to families in Berkeley.

Financial Implications: Housing Trust Fund - $300,000
Contact: Jesse Arreguin, Mayor, (510) 981-7100

25. Addition of Semi-diverter Traffic Bollards at the intersection of Newbury Street and Ashby Avenue
From: Councilmember Bartlett (Author)
Recommendation: Refer to the Fiscal Year 2022/2023 Budget Process, an allocation of $50,000 to install semi-diverter traffic bollards at the east corner of the intersection at Newbury Street and Ashby Avenue.

Financial Implications: To be determined
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

26. Dwight Way Traffic Calming Budget Referral
From: Councilmember Harrison (Author), Councilmember Bartlett (Co- Sponsor)
Recommendation: Refer a one-time allocation of $50,000 to the June budget process for traffic calming intersection improvements on Dwight Way between Grant Street and California Street.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

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Council Consent Items
Tuesday, May 10, 2022 AGENDA Page 10

27. Resolution Declaring May as Jewish American Heritage Month From: Councilmember Wengraf (Author), Councilmember Taplin (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution declaring the month of May as Jewish American Heritage Month in appreciation of the achievements and contributions made by members of the Jewish Community.

Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

28. Budget Referral for Charter Officer Performance Review From: Councilmember Droste (Author), Mayor Arreguin (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Harrison (Co-Sponsor) Recommendation: Refer $120,000 to the budget process to procure professional services from a qualified consultant to assist the City Council in establishing a collaborative review process for performing regular evaluations of the City Attorney and Police Accountability Board Director’s performance and direct the City Manager to issue a Request for Proposal (RFP) to contract with an experienced firm that will engage the City Council and the City Attorney and Police Accountability Board Director in performance evaluation similar to the City Manager’s evaluation process.

The RFP shall be reviewed by the City Council Agenda and Rules Committee prior to issuance. The Agenda and Rules will make a recommendation to the entire City Council, for approval, prior to entering into any contract.

The performance evaluation process should begin following the scheduled approval of the Biennial Budget in June of 2022 and establish an annual evaluation schedule that includes interim updates on a quarterly basis—similar to the City Manager’s evaluation process described in the May 14, 2019 Council referral for performance evaluations.

Financial Implications: $120,000
Contact: Lori Droste, Councilmember, District 8, (510) 981-7180

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.

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

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

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Action Calendar – Pubic Hearings
Tuesday, May 10, 2022 AGENDA Page 11
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 line up at the podium, or use the "raise hand" function in Zoom, to be recognized and to determine the number of persons interested in speaking at that time.

Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker.

Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

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.

29. ***Item Removed by City Manager*** FY 2023 and FY 2024 Proposed Budget and Proposed Budget Public Hearing #1
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

Action Calendar – New Business

30. Police Equipment & Community Safety Ordinance Impact Statements, Associated Equipment Policies and Annual Equipment Use Report From: City Manager
Recommendation: Adopt a Resolution approving the Controlled Equipment Impact Statements, Associated Equipment Use Policies and Equipment.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

31. Vision 2050: Strategic Asset Management Plan and Asset Management Policy From: City Manager
Recommendation: Adopt a Resolution accepting the Strategic Asset Management Plan (SAMP) and approving the Asset Management (AM) policy.

Financial Implications: See report
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000; Liam Garland, Public Works, (510) 981-6300

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Action Calendar – Old Business
Tuesday, May 10, 2022 AGENDA Page 12

32. 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 April 26, 2022. 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

33. Hopkins Corridor Project Conceptual Design (Continued from April 26, 2022) From: City Manager
Recommendation: Adopt a Resolution approving the conceptual design for the Hopkins Corridor Project on Hopkins Street between Sutter Street and Gilman Street, and directing the City Manager to direct staff to proceed with the detailed engineering design of the project.

Financial Implications: None
Contact: Liam Garland, Public Works, (510) 981-6300

Information Reports

34. Fiscal Year 2022 Mid-Year Budget Update
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

35. LPO NOD: 1940 Hearst Avenue/#LMIN2021-0003
From: City Manager
Contact: Alene Pearson, Planning and Development, (510) 981-7400

36. LPO NOD: 2523 Piedmont Avenue/#LMIN2021-0004
From: City Manager
Contact: Alene Pearson, Planning and Development, (510) 981-7400

37. LPO NOD: 2580 Bancroft Way – Application LMSAP2022-0003 From: City Manager
Contact: Alene Pearson, Planning and Development, (510) 981-7400

38. Mental Health Commission Work Plan 2022-2023
From: Mental Health Commission
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400

Public Comment – Items Not Listed on the Agenda

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Tuesday, May 10, 2022 AGENDA Page 13
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. § 1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

Archived indexed video streams are available at 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 Se rvice to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as 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 and may be read at reference desks at the following locations:

City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, South Branch – 1901 Russell COMMUNICATION ACCESS INFORMATION:

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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.

Attendees at public meetings are reminded that other attendees may be sensitive to various scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.

Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
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Tuesday, May 10, 2022 AGENDA Page 14
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 April 28, 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 at the City Clerk Department and through Records Online.

Item #31: Vision 2050: Strategic Asset Management Plan and Asset Management Policy

1. Claudia Kawczynska

2. Anna Gazdowicz and Jeffrey Faden

3. Juliette Tinnus

4. Lisa Woo

5. Rachel Zisook

6. Sandra Reisman

7. Kris Jones

8. Mira Stein

9. Kester Allen

10. Elliott Schwimmer

11. Kelly Zito

12. Minda Berbeco

13. Claire Heinzelman

14. Arabelle Malinis

15. Naoimi Marks

16. Jennifer Shanoski

17. Eric Wiesner

18. Cameron Woo

19. Rena Fischer

Berkeley Marina Area Specific Plan (BMASP)

20. Peter Kuhn

21. Rachel Bradely

22. Loren Chuse

23. Mary Foley

24. Mary Law

25. Merrill Gillaspy

26. Debra Golata and Jon Harris

27. Janet Cole

28. John Haptas

29. Daven Gee

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Tuesday, May 10, 2022 AGENDA Page 15

30. Jan Ruchlis

31. Sue Sheftel

32. Judith Thomas

33. Carol Cohen

34. Joyce Kwok

35. Deborah Abraham

36. Emilie Keas
Smart Spaces

37. Sabina McMurty

38. Janet Perlman

39. Felice Botts

40. Jane Hunter

41. Vivian Warkentin

Building Electrification

42. Leah Louis-Prescott, on behalf of Carbon-Free Building

43. Andrea Mullarkey, on behalf of SEIU 1021

Public Safety/Police

44. Robin Kibby

45. Shmuel

46. Stephanie Gonye

47. Steve Martinot

48. Moni Law

49. Eric Friedman

Earth Day

50. David Lerman

51. Jeanine Sidran

Housing at Ashby and/or North Berkeley BART

52. Tom Luce

53. Richard Laden

54. Million Skoda

55. Vicki Sommer

56. Avram Gur Arye

57. Robin Andrae

58. Lynn Cooper

59. Kevin James

60. Miranda Ewell

61. T. Anne Richards

62. Eileen Hughes

63. William Goldsmith

Paving Berkeley Roads

64. John Rea

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Tuesday, May 10, 2022 AGENDA Page 16

65. Linda Franklin

California Theater Landmark Status

66. Brooke Bortner

67. Michael Fullerton (2)

68. Keith Cowling

Eviction Moratorium

69. Harry Pollack

Berkeley Housing Element

70. Sid Kapur

Tenants Opportunity to Purchase Act (TOPA)

71. Ira Serkes

72. Aaman Mengis

Fair Housing

73. Annya Maksey

Bus Service

74. D. Resek

Fire Danger and ADU’s

75. Steven Wolan

Downtown Berkeley Budget Request

76. Rodd Lee, on behalf of BART

Peace & Justice Commission Reorganization

77. Tom Luce

Yassir Chadly Lifetime Pool Pass

78. Donna Mickleson
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.

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Ordinance No. 7,808-N.S. Page 1 of 2
ORDINANCE NO. 7,808-N.S.

AMENDING BERKELEY MUNICIPAL CODE (BMC) SECTION 3.76.010 AND SECTION 3.73.040 ESTABLISHMENT OF COMMUNITY HAALTH COMMISSION BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Section 3.76.010 is hereby rescinded and replaced in its entirety as follows:

3.76.010 Establishment of Community Health Commission.

There is hereby established a Community Health Commission. The commission shall consist of members selected by the City Council in accordance with the Fair Representation Ordinance, Berkeley Municipal Code Sections 2.04.030 through

2.04.130. Appointments to the commission shall honor the mission of achieving health equity by appointing members who have a deep understanding of the social determinants of health equity, through lived experience and/or through professional expertise.

A. Commissioners should include representatives of as many of the following as possible:

1. Communities most affected by health inequities;

2. Community organizers;

3. Community agency representatives;

4. Health care providers;
a) Licensed clinicians such as nurses, physicians, etc.; b)
Non-licensed providers (community health workers, health navigators, etc.;

5. Behavioral health care providers;

6. Educators;

7. College Students;

8. Youth serving organizations.

B. Diversity: Commissioners should include people of varying race/ethnicity, gender, age, income, class and ability. (Ord. 7520-NS § 1 (part), 2016: Ord. 6236- NS § 1, 1994: Ord. 6147-NS § 1, 1992: Ord. 6010-NS § 1, 1990) Section 2. That Berkeley Municipal Code section 3.76.040 is amended to read as follows:

3.76.040 Functions of the commission.

A. The function of the commission shall be as follows:

1. Advising, reviewing, analyzing, and reporting back to City Council on matters pertaining to achieving health equity in Berkeley, including policies or proposals under consideration by Council;

2. Advise Council of potential health equity impacts of policies or proposals under consideration by Council;

3. Contribute to priority-setting and strategic planning efforts in the City as they relate to health equity;

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Ordinance No. 7,808-N.S. Page 2 of 2

4. Hear presentations, at regularly scheduled commission meetings, by appropriate experts, including community residents and community groups, to provide pertinent information on matters affecting the health and safety of Berkeley residents, including from community groups concerned with health equity;

5. Perform such other functions and duties as may be directed by the City Council or prescribed or authorized by any ordinance of the City, and such other functions and duties not prohibited by City Council which the commission should decide are consistent with its overall function of promoting health equity.

B. In prescribing the above duties and functions of the commission, it is not the intent of the council to duplicate or overlap the functions, duties, or responsibilities heretofore or hereafter assigned to any other City board or commission or to a City department. As to such functions or responsibilities above set forth which are partially or wholly the responsibilities of another board or commission or of a department of the City, the commission will render such assistance and advice to such board, commission or department as may be requested. (Ord. 7520-NS § 1 (part), 2016: Ord. 6010-NS § 4, 1990)
Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 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.

At a regular meeting of the Council of the City of Berkeley held on April 26, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Droste, Hahn, Harrison, Kesarwani, Robinson, Taplin, Wengraf, and Arreguin.

Noes: None.

Absent: None.

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Ordinance No. 7,809-N.S. Page 1 of 1
ORDINANCE NO. 7,809-N.S.

AUTHORIZING LEASE AMENDMENT FOR OPTIONS RECOVER SERVICES AT 1835

ALLSTON WAY
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. FINDINGS:

A. The City adopted Ordinance No. 7,328-N.S. authorizing a Lease Agreement with Options Recovery Services (Lessee) executed April 23, 2014 with an initial term that ended December 31, 2019 for the Old City Hall Annex located at 1835 Allston Way, Berkeley, California.

B. In the Lease, the City and Lessee agreed to two additional five (5) year option terms. The Lessee exercised its right to an option term to begin (retroactively) January 1, 2020 and expire December 31, 2024. The revenue projection to the City for the term of this lease option is $500.00 (Five Hundred Dollars). Receipts will be entered in the General Fund ERMA Revenue Account: 011-54-624-697- 0000-000-000-461110.

Section 2. AUTHORIZATION FOR CITY MANAGER TO AMEND THE LEASE AGREEMENT WITH OPTIONS RECOVERY SERVICES AT 1835 ALLSTON WAY.

The City Manager is hereby authorized to amend the lease agreement with Options Recovery Services for improved real property at 1835 Allston Way, Berkeley, CA, and to make any amendments thereto. Such lease amendment shall be on substantially the terms set forth in Exhibit A.

Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 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.

At a regular meeting of the Council of the City of Berkeley held on April 26, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Droste, Hahn, Harrison, Kesarwani, Robinson, Taplin, Wengraf, and Arreguin.

Noes: None.

Absent: None.

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LEASE AMENDMENT FOR CITY OF BERKELEY
PROPERTY AT 1835 ALLSTON WAY
This lease amendment (“Amendment”) is made on ________________ between the CITY OF BERKELEY ("Landlord"), a Charter City organized and existing under the laws of the State of California and Options Recovery Services ("Tenant"), a nonprofit organization, who agree as follows:

This lease amendment is made with reference to the following facts and objectives:

A. Landlord is the owner of the real property at 1835 Allston Way, Berkeley, California, ("Premises") commonly referred to as the “Old City Hall Annex” as further described in Exhibit A, attached to and made a part of this lease.

B. Tenant entered into a lease (“Lease ”) with Landlord on April 23, 2014. Tenant is occupying and conducting business in the total square footage of the building measuring 6,400 square feet of the premises and identified in Exhibit A, attached to and made part of this lease.

C. Tenant has exercised its right under the Lease to renew the Lease for another five (5) years per Section 2., Term. The Lease provides for a total of two options to renew for 5-year terms. This first option period shall commence (retroactively) on January 1, 2020, and end on December 31, 2024.

D. Tenant wishes to lease the premises for the purpose of continuing to operate a nonprofit organization that delivers substance abuse disorders treatment programs including intensive outpatient day treatment, and evening treatment program, case management services, associated mental health treatment, and physical health screening and drug testing in Berkeley and throughout Alameda County. _______________________________________________.

E. Landlord and Tenant have agreed that the monthly base rent from January 1, 2020 to December 31, 2024, shall be ONE HUNDRED DOLLARS ($100.00) for each year of the Lease per Section 3. Rent.

1. Section 3. RENT, subsection B., is amended to read as follows:

B. Manner of Payment All rent and other payments due from Tenant shall be made to Landlord in lawful money of the United States of America at Landlord's address for notice hereunder, or to such other person or at such other place as Landlord may from time to time designate in writing. At Tenant’s option, rent may be paid annually and due January 1st of the year being paid or pay the entire term ($500) due within 30 days following approval and execution of this Lease Amendment. Any other payments from the Tenant (utilities, etc.,) and any other payments will be billed separately.

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2. Section 6. SERVICES, subsection A., is deleted in its entirety and replaced by the following:

6. SERVICES
A. Tenant shall make all arrangements for and pay for all utilities and services, including electricity, gas, garbage, water, sewer and telephone, and all fees and periodic charges related thereto. Where direct payment of utilities and services by Tenant is not feasible, Tenant shall reimburse Landlord, without deduction, setoff, prior notice, or demand, the sum billed for the previous year’s utilities and services.

The bill is due upon receipt and shall be paid to Landlord at the address to which notices to Landlord are given.

3. Section 29. NOTICES, is deleted in its entirety and replaced by the following:

29. NOTICES
A written notice is deemed served when a party sends the notice in an envelope addressed to the other party to this lease and deposits it with the U.S. Postal Service, registered mail, postage prepaid. For purposes of this lease, notices shall be addressed as follows, as appropriate:

To the Landlord: City of Berkeley
Department of Public Works - Real Property
1947 Center Street, Fifth Floor Suite 521
Berkeley, CA 94704
With a Copy to: City of Berkeley
Department of Public Works
2180 Milvia Street, 3rd Floor
Berkeley, CA 94704
To the Tenant: Executive Director
Options Recovery Services
1835 Allston Way
Berkeley, CA 94704

4. This Lease is amended to include the following language regarding the Required Accessibility Disclosure:

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REQUIRED ACCESSIBILITY DISCLOSURE
a. Landlord hereby advises Tenant that the Premises and Improvements have not undergone an inspection by a certified access specialist, and except to the extent expressly set forth in this Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to the Premises or the Building in order to comply with accessibility standards. The following disclosure is hereby made pursuant to applicable California law:
b. “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or landlord may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” [Cal. Civ.

Code Section 1938€]. Any CASp inspection shall be conducted in compliance with reasonable rules in effect at the Premises with regard to such inspections and shall be subject to Landlord’s prior written consent.

5. Further, this Contract is amended to include the following language regarding the City’s Sanctuary Contracting Ordinance:

SANCTUARY CITY CONTRACTING
Contractor hereby agrees to comply with the provisions of the Sanctuary City Contracting Ordinance, B.M.C. Chapter 13.105. In accordance with this Chapter, Contractor agrees not to provide the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security with any Data Broker or Extreme Vetting Services as defined herein:
a. “Data Broker” means either of the following:

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i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services. Extreme Vetting does not include:
i. The City’s computer-network health and performance tools; ii. Cybersecurity capabilities, technologies and systems used by the City of Berkeley Department of Information Technology to predict, monitor for, prevent, and protect technology infrastructure and systems owned and operated by the City of Berkeley from potential cybersecurity events and cyber-forensic based investigations and prosecutions of illegal computer-based activity.

In all other respects, the Lease executed on April 23, 2014, shall remain in full force and effect.

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IN WITNESS WHEREOF, Landlord and Tenant have executed this lease amendment as of the date written on the first paragraph of this lease.

LANDLORD

CITY OF BERKELEY
By: _____________________
City Manager
THIS LEASE HAS BEEN REGISTERED BY:

APPROVED AS TO FORM

BY THE CITY ATTORNEY
OF THE CITY OF BERKELEY ______________________________
6/2004 City Auditor
ATTEST:
_______________________________
Deputy City Clerk
TENANT:

Signature:______________________________
Title: _________________________________
City of Berkeley Business License No.

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Ordinance No. 7,810-N.S. Page 1 of 24
ORDINANCE NO. 7,810-N.S.

AMENDING TITLE 23 OF THE BERKELEY MUNICIPAL CODE TO CORRECT ERRORS

AND MAKE NON-SUBSTANTIVE, TECHNICAL EDITS TO THE ZONING ORDINANCE BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Section 23.326.030 is amended to read as follows:

23.326.030 Eliminating Dwelling Units through Demolition A. Buildings with Two or More Units Constructed Before June 1980.

1. Applicability. This subsection only applies to building with two or more units constructed before June 1980.

2. Limitation.
(a) Demolition is not allowed if:
i. The building was removed from the rental market under the Ellis Act during the preceding five years; or
ii. There have been verified cases of harassment or threatened or actual illegal eviction during the immediately preceding three years. (b) Where allegations of harassment or threatened or actual illegal eviction are in dispute, either party may request a hearing before a Rent Board Hearing Examiner. The Rent Board Hearing Examiner will provide an assessment of the evidence and all available documentation to the ZAB. The ZAB shall determine whether harassment or threatened or actual illegal eviction occurred.

3. Findings. The ZAB may approve a Use Permit to demolish a building constructed before June 1980 on a property containing two or more dwelling units if any of the following are true:
(a) The building containing the units is hazardous or unusable and is infeasible to repair.
(b) The building containing the units will be moved to a different location within Berkeley with no net loss of units and no change in the affordability levels of the units.
(c) The demolition is necessary to permit construction of special housing needs facilities such as, but not limited to, childcare centers and affordable

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Ordinance No. 7,810-N.S. Page 2 of 24
housing developments that serve the greater good of the entire community.
(d) The demolition is necessary to permit construction approved pursuant to this chapter of at least the same number of dwelling units.

4. Fee Required.
(a) The applicant shall pay a fee for each unit demolished to mitigate the impact of the loss of affordable housing in Berkeley.
(b) The amount of the fee shall be set by resolution of the City Council. (c) In Lieu of a Fee.
i. In lieu of paying the impact fee, the applicant may provide a designated unit in the new project at a below market rate to a qualifying household in perpetuity.
ii. The affordability level of the below market rent and the income level of the qualifying household shall be set by resolution of the City Council.
iii. The applicant shall enter into a regulatory agreement with the City of Berkeley to provide the in lieu units.

5. Occupied Units.
(a) Applicability.
i. The requirements in this subsection apply if units to be demolished are occupied.
ii. These requirements do not apply to tenants who move in after the application for demolition is submitted to the City if the owner informs each prospective tenant about the proposed demolition and that demolition constitutes good cause for eviction.
(b) Notice. The applicant shall provide all sitting tenants notice of the application to demolish the building no later than the date it is submitted to the City, including notice of their rights under Municipal Code Section 13.76 (Rent Stabilization and Eviction for Good Cause Program). (c) General Requirements.
i. The applicant shall provide assistance with moving expenses equivalent to in Chapter 13.84 (Relocation Services and Payments for Residential Tenant Households).

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Ordinance No. 7,810-N.S. Page 3 of 24
ii. The applicant shall subsidize the rent differential for a comparable replacement unit, in the same neighborhood if feasible, until new units are ready for occupancy. Funding for the rent differential shall be guaranteed in a manner approved by the City. iii. Exception. An applicant who proposes to construct a 100 percent affordable housing project is not required to comply with this subsection but must comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended and the California Relocation Act (Government Code sections 7260 et seq.).
(d) Sitting Tenants Rights.
i. Sitting tenants who are displaced as a result of demolition shall be provided the right of first refusal to move into the new building. ii. Tenants of units that are demolished shall have the right of first refusal to rent new below-market rate units designated to replace the units that were demolished, at the rent that would have applied if they had remained in place, as long as their tenancy continues. iii. Income restrictions do not apply to displaced tenants. iv. Exception.
(1) An applicant who proposes to construct a 100 percent affordable housing project is not required to comply
with 23.326.030.A.4.a, b, and c, but must comply with the following requirement.
(2) Sitting tenants who are displaced as a result of
demolition and who desire to return to the newly constructed building will be granted a right of first refusal subject to their ability to meet income qualifications and other applicable eligibility requirements when the new units are ready for occupancy.

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Ordinance No. 7,810-N.S. Page 4 of 24
Section 2. That Berkeley Municipal Code Section 23.204.020 Table 23.204-1 is amended to read as follows:

Table 23.204-1: Allowed Uses in the Commercial Districts COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC

USE-SPECIFIC

REGULATIONS
Residential Uses
Accessory Dwelling Unit See 23.306—Accessory Dwelling Units Dwellings
Single-Family UP(H) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3 Two-Family UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3 Multi-Family UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3 Group Living Accommodation UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3 Hotel, Residential UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) 23.204.060.B.3 Mixed-Use Residential UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) UP(PH)* UP(PH) UP(PH) UP(PH) See Table

23.204-41 UP(PH) 23.204.060.B.3;

23.204.100.B.4
Senior Congregate Housing See 23.302.070.H
Public and Quasi-Public Uses
Child Care Center UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Cemetery/Crematory/Mausoleum NP NP NP NP NP NP NP NP NP NP NP Club/Lodge UP(PH) UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) Columbaria See 23.302.070.C
Community Care Facility AUP AUP AUP AUP AUP AUP AUP AUP AUP ZC AUP Community Center UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Emergency Shelter See 0 – – See 0
Family Day Care Home, Large ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC Family Day Care Home, Small ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC Hospital UP(PH) UP(PH) NP NP NP NP NP NP UP(PH) UP(PH) NP Library UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Mortuaries and Crematories UP(PH) UP(PH) NP NP NP NP NP NP NP UP(PH) NP Municipal Animal Shelter – – – – – – – – – – --
Nursing Home UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Park/Playground ZC ZC ZC ZC ZC ZC ZC ZC ZC AUP ZC
Public Safety and Emergency
Service

UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Public Utility Substation/Tank UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Religious Assembly UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) AUP UP(PH) School UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) School, Vocational AUP AUP AUP AUP AUP AUP AUP AUP AUP UP(PH) AUP
Retail Uses
Alcoholic Beverage Retail Sale UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* NP UP(PH)* UP(PH)* UP(PH)* UP(PH)* 23.204.060.B.2;

23.310
Cannabis Retailer ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.320; 12.21; and

12.22

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Ordinance No. 7,810-N.S. Page 5 of 24
COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC

USE-SPECIFIC

REGULATIONS
Cannabis Retailer, Delivery Only ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* -- 23.320; 12.21; and

12.22 Firearm/Munitions Business UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* NP UP(PH) UP(PH)* 23.302.070.D Industrial and Mining Products – – – – – – – – – – --
Pawn Shop/Auction House UP(PH) – NP NP NP NP NP NP UP(PH) UP(PH) NP Pet Store UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) ZC [3] UP(PH) Retail, General ZC [1] ZC [1] ZC* [2] ZC* [2] ZC* [2] ZC [1] ZC ZC* [2] ZC ZC* [3] ZC*

23.204.040.E (for
department stores)

23.204.040.F (for
drug stores)
Smoke Shop UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* NP UP(PH)* UP(PH)*

23.302.070.I
Personal and Household Service Uses
Personal and Household Services,
General
ZC [1] ZC [1] ZC [2] ZC [2] ZC [2] ZC [1] ZC ZC [2] ZC ZC [5] ZC Kennels and Pet Boarding NP NP NP NP NP NP NP NP NP UP(PH) NP Laundromats and Cleaners AUP AUP UP(PH) UP(PH) UP(PH) AUP AUP UP(PH) UP(PH) AUP [4] AUP Veterinary Clinic UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Video Tape/Disk Rental ZC [1] ZC [1] ZC [2] AUP ZC [2] - ZC ZC [2] ZC ZC [5] NP Office Uses
Business Support Services ZC [1] ZC [1] ZC [2] ZC [2] ZC [2] ZC [1] ZC* ZC [2] ZC ZC [5] ZC [6] 23.204.110.B.6 Banks and Financial Services,
Retail
AUP AUP UP(PH) UP(PH) UP(PH) ZC [1] AUP* UP(PH) ZC* AUP ZC

23.204.110.B.6;

23.204.130.B.3;

23.204.130.D.3
Insurance Agents, Title
Companies, Real Estate Agents,
Travel Agents
ZC [1] ZC [1] ZC* [2] ZC* [2] ZC* [2] ZC [1] ZC* ZC* [2] ZC* ZC [5] ZC [6]

23.204.040.D;23.20

4.110.B.6;

23.204.130.D.3
Medical Practitioners ZC [1] ZC [1] AUP NP UP(PH) ZC [1] AUP* UP(PH) ZC* ZC [5] ZC [6]

23.204.040.D;

23.204.110.B.6;

23.204.130.D.3
Non-Chartered Financial
Institutions
UP(PH)* UP(PH)* NP NP NP UP(PH)* UP(PH)* NP NP UP(PH)* UP(PH) 23.302.070.F

23.204.110.B.6
Office, Business and Professional
ZC [1] ZC [1] AUP* AUP* AUP* ZC [1] AUP* AUP* ZC* ZC [5] ZC [6]

23.204.040.B;

23.204.110.B.6;

23.204.130.D.3
Food and Alcohol Service, Lodging, Entertainment, and Assembly Uses Adult-oriented Business UP(PH)* UP(PH)* NP NP NP NP NP NP UP(PH)* UP(PH)* NP 23.302.070.A Amusement Device Arcade UP(PH)* UP(PH)* NP NP NP UP(PH)* NP NP UP(PH)* UP(PH)* UP(PH) 23.302.070.B Bar/Cocktail Lounge/Tavern UP(PH)* UP(PH)* UP(PH)* – NP UP(PH)* UP(PH)* NP UP(PH)* UP(PH)* UP(PH)

23.204.100.B.3;

23.204.110.B.2;

23.310
Commercial Recreation Center See 23.204.040.A
Dance/Exercise/Martial Arts/Music
Studio
ZC [1] ZC [1] ZC [2] AUP AUP [4] ZC [1] ZC AUP ZC ZC [7] ZC Entertainment Establishment UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Food Service Establishment See 23.204.040.E
Group Class Instruction ZC [1] ZC [1] AUP AUP AUP* ZC [1] ZC* AUP ZC* ZC ZC 23.204.040.B Gym/Health Club See 23.204.040.C
Hotels, Tourist UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Motels, Tourist UP(PH) UP(PH) NP NP NP NP NP NP UP(PH) UP(PH) NP Theater UP(PH) UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) NP AUP UP(PH) UP(PH)

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Ordinance No. 7,810-N.S. Page 6 of 24
COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC

USE-SPECIFIC

REGULATIONS
Vehicle Service and Sales Uses
Alternative Fuel Station UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) NP* UP(PH) NP AUP* UP(PH) 23.204.110.B.4;

23.204.140.B.3
Electric Vehicle Charging Station AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP* AUP Gasoline Fuel Stations UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) NP* UP(PH) NP UP(PH)* UP(PH) 23.204.140.B.3 Large Vehicle Sales and Rental AUP NP NP NP NP NP NP NP NP AUP* [8] NP 23.204.140.B.3 Small Vehicle Sales and Service AUP NP NP NP NP UP(PH)* NP NP UP(PH) UP(PH)* NP 23.204.100.B.5;

23.204.140.B.3
Tire Sales and Service UP(PH) NP NP NP NP NP NP NP NP UP(PH)* NP 23.204.140.B.3 Vehicle Parts Store ZC [1] NP ZC [2] ZC [2] ZC [2] ZC [1] ZC ZC [2] NP AUP* [8] ZC Vehicle Rentals AUP NP NP NP NP NP NP NP UP(PH) AUP* [8] NP 23.204.140.B.3 Vehicle Repair and Service AUP NP NP NP NP NP NP NP NP AUP* [8] NP Vehicle Sales, New AUP NP NP NP NP UP(PH)* NP NP UP(PH) AUP* [8] NP

23.204.100.B.5

23.204.140.B.3
Vehicle Sales, Used AUP NP NP NP NP UP(PH)* NP NP UP(PH) UP(PH)* NP

23.204.100.B.5;

23.204.140.B.3;

23.204.140.D.4
Vehicle Wash UP(PH) NP NP NP NP NP NP NP NP UP(PH)* NP 23.204.140.B.3 Vehicle Wrecking NP NP NP NP NP NP NP NP NP NP NP
Industrial and Heavy Commercial Uses
Bus/Cab/Truck/Public Utility Depot – – – – – – – – – – -- Commercial Excavation UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) – NP UP(PH) Contractors Yard – – – – – – – – – AUP --
Dry Cleaning and Laundry Plant UP(PH) UP(PH) NP – UP(PH) NP NP NP UP(PH) NP NP Laboratory
Commercial Physical or
Biological

AUP AUP NP NP NP NP NP NP AUP NP NP
Cannabis Testing AUP AUP NP NP NP NP NP NP AUP AUP [9] NP Manufacturing
Construction Products – – – – – – – – UP(PH) --
Light Manufacturing – – – – – – – – AUP [8] --
Pesticides/Herbicides/Fertiliz
ers
– – – – – – – – UP(PH) --
Petroleum Refining and
Products
– – – – – – – – UP(PH) --
Pharmaceuticals – – – – – – – – UP(PH) --
Primary Production
Manufacturing
– – – – NP – – – – UP(PH) --
Semiconductors – – – – NP – – – – UP(PH) --
Material Recovery Enterprise – – – – – – – – – – --
Media Production UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH)* AUP UP(PH) 23.204.130.B.4 Mini-storage UP(PH) NP NP NP NP NP NP – UP(PH) NP NP
Recycled Materials Processing – – – – – – – – – – --
Recycling Redemption Center AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP Repair Service, Non-Vehicle – – – – – – – – – AUP --
Research and Development – – – – – – – – – AUP --

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Ordinance No. 7,810-N.S. Page 7 of 24
COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

23.204.020(B)
[#] = Table Note Permit
Requirement
* Use-Specific Regulations Apply

C-C C-U C-N C-E C-NS C-SA C-T C-SO C-DMU C-W C-AC

USE-SPECIFIC

REGULATIONS
Services to Buildings and Dwellings – – – – – – – – – AUP -- Warehouse UP(PH) NP NP NP NP NP NP – UP(PH) NP NP
Warehouse-Based Non-Store
Retailer
– – – – – – – – – --
Wholesale Trade – – – – -- – – – – AUP [8] --
Incidental Uses
Amusement Devices AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* UP(PH) 23.302.070.B Alcoholic Beverage Service See 23.310
Cafeteria, On-Site UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) AUP UP(PH) Columbaria See 23.302.070.C
Food and Beverage for Immediate
Consumption

ZC ZC AUP UP(PH) UP(PH) ZC AUP UP(PH) ZC ZC ZC
Food Service Establishment See 23.302.070.E
Live Entertainment See 23.302.020.D
Manufacturing AUP AUP UP(PH) UP(PH) NP UP(PH) AUP AUP AUP AUP AUP Retail Sale of Goods Manufactured
On-Site
ZC [1] ZC [1] ZC [2] ZC [2] ZC [2] ZC [1] ZC ZC [2] ZC AUP ZC Storage of Goods (>25% gross
floor area)
AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP 23.302.020.C Wholesale Activities AUP* AUP* UP(PH)* UP(PH)* NP AUP* AUP* AUP* AUP* AUP AUP 23.204.080.B.3 Other Miscellaneous Uses
Art/Craft Studio AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP ZC [6] ATM, Exterior and Attached to
Bank
AUP AUP AUP UP(PH) AUP AUP AUP AUP* AUP AUP AUP 23.204.120.B.2 ATM, Interior or Exterior and Not
With Bank
UP(PH) UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) NP UP(PH)* AUP UP(PH) 23.204.130.B.2 Circus/Carnival UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Drive-in Uses UP(PH) NP NP NP UP(PH) UP(PH) NP UP(PH) NP NP UP(PH) Home Occupations See 23.302.040
Live/Work See 23.312
Parking Lot/Structure See 23.302.070.G
Public Market, Open Air AUP AUP AUP AUP AUP AUP AUP AUP AUP UP(PH) AUP Public Market, Enclosed AUP AUP AUP AUP AUP AUP AUP AUP AUP AUP [9] AUP Short-Term Rental See 23.314 NP See 23.314 NP See 23.314 NP Urban Agriculture, Low-Impact ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC ZC 23.318 Urban Agriculture, High-Impact AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP AUP 23.318 Wireless Telecommunication
Facility See 23.332—Wireless Communication Facilities
Notes:
[1] Change of use of floor area over 3,000 square feet requires an AUP.

Change of use of floor area over 2,000 square feet requires an AUP.

Requires an AUP for uses 3,500 sq. ft. to 7,500 square feet. Requires a Use Permit for uses more than 7,500 sq. ft.

Requires a Use Permit if 5,000 sq. ft. or more.

Requires an AUP for uses 3,000 sq. ft. to 5,000 square feet. Requires a Use Permit for uses more than 5,000 sq. ft.

Requires an AUP for uses 2,500 sq. ft. or greater or 50 ft. wide or greater on Shattuck, between Ward and Russell; Adeline between Russell and the City boundary; on Ashby, east of Adeline; or on the north side of Ashby, west of Adeline.

Requires a Use Permit if 7,500 square feet or more.

Require a Use Permit if either 5,000 sq. ft. or more of floor area or 10,000 square feet or more of lot area.

Requires a Use Permit if more than 10,000 sq. ft.

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Ordinance No. 7,810-N.S. Page 8 of 24
Section 3. That Berkeley Municipal Code 23.204.100.B.5 is hereby amended to read:

5. Vehicle Sales.
a. Applicability.
i. In the C-SA district, small vehicle service is not permitted. Small vehicle sales that are exclusively indoor operations are permitted with a Zoning Certificate. Otherwise, a Use Permit is required.
ii. All new or relocated vehicle sales uses in the C-SA district shall be exclusively indoor operations with no outdoor activities and shall comply with the requirements of this subsection.
iii. Expansions or modifications of existing vehicle sales are:

1. Encouraged to comply with standards in Paragraph b (Standards) below where feasible; and

2. Shall not increase or exacerbate a non-conformity standards in Paragraph b (Standards).
b. Standards.
i. Street Frontage. Outdoor vehicle display is permitted only along Shattuck Avenue and Adeline Street and is limited to 30 percent of the lot frontage on those streets.
ii. Area for Outdoor Uses. A maximum of 40 percent of the lot area may be used for outdoor uses, including but not limited to vehicle display and storage. Adequate landscaping and/or fencing shall be used to filter the view of outdoor uses from the adjacent right-of-way and abutting properties, with the exception of outdoor vehicle display; iii. Service Entries. Vehicle and repair service entries may not exceed 20 percent of the primary lot frontage, no entrance may exceed a width of 20 feet. The primary street frontage is the frontage towards which the primary building entrance is oriented.
iv. Transparency. At least 60 percent of any new building shall be within 10 feet of the right-of-way along the primary street frontage and 60 percent of the street-facing facade shall be comprised of clear glass. v. Repair Activities. All vehicle repair activities shall be conducted indoors. vi. Noise. All noise-generating equipment and activities, such as vehicle repair, shall be shielded by noise-attenuating materials. Outdoor amplification is not permitted.

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Ordinance No. 7,810-N.S. Page 9 of 24
vii. Lighting. Exterior light standards and fixtures shall not be taller than 20 feet, shall achieve uniform light coverage and minimize glare, shall use light cutoffs to control light spillover onto adjacent properties and urban sky glow, and shall use low energy light fixtures consistent with the City’s goals for energy efficiency.
viii.Vehicle Storage. No vehicles shall be stored in the public right-of-way. c. Modification of Standards. The Zoning Officer may allow modification to standards in Paragraph c (Standards) above with an AUP upon finding that the modification:
i. Is necessary to facilitate incorporation of an existing structure; ii. Achieve greater consistency with the surrounding street pattern; iii. Buffers impacts to an adjacent residential district; or iv. Is needed to accommodate dealership operations.

Section 4. That the Berkeley Municipal Code 23.204.100 Table 23.204-28 is hereby amended to read:

Table 23.204-28: C-SA Maximum Building Heights
Maximum Height
Building Land
Use
Subarea 1 Subarea 2
Non-Residential
Uses
36 ft and 3 stories 24 ft and 2 stories
Mixed Use and
Residential Only
60 ft and 5 stories
[1]
36 ft and 3 stories
[1]
[1] In mixed-use buildings, the third story and above must be used for residential purposes entirely.

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Ordinance No. 7,810-N.S. Page 10 of 24
Section 5. That Berkeley Municipal Code 23.204.100 Figure 23.204-3 is hereby amended to read:

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Ordinance No. 7,810-N.S. Page 11 of 24
Section 6. That Berkeley Municipal Code Section 23.204.110 Table 23.204-33 is amended to read as follows:

Table 23.204-33: C-T Allowed Heights and FAR Increases
Allowed Increase
Project Location Height FAR
South of Dwight Way 65 ft. and 5 stories No increase allowed North of Dwight Way 75 ft. 6.0
Section 7. That Berkeley Municipal Code Section 23.204.130 Table 23.204-39 is amended to read as follows:

Table 23.204-39: C-DMU Setback Standards

MINIMUM INTERIOR SIDE

PORTION OF BUILDING AT
HEIGHT OF: FRONT 65’ AND LESS

FROM LOT

FRONTAGE
OVER 65’ FROM

LOT FRONTAGE

MINIMUM REAR
Zero to 20 feet No minimum.
5 ft. max. No minimum
21 feet to 75 feet No minimum. No minimum 5 ft.
76 feet to 120 feet 15 ft. min. 5 ft. 15 ft.

Over 120 feet 15 ft. min. 15 ft.

Section 8. That Berkeley Municipal Code Section 23.204.140 Table 23.204-42 is amended to read as follows:

Table 23.204-42: C-W Development Standards

BASIC STANDARDS SUPPLEMENTAL

STANDARDS
Lot Area Minimum
New Lots
Per Group Living Accommodation Resident
No minimum

23.304.020– Lot
Requirements
Usable Open Space, Minimum
Per Dwelling Unit or Live/Work Unit 40 sq. ft.

Per Group Living Accommodation Resident No minimum

23.304.090– Usable
Open Space
Floor Area Ratio, Maximum 3.0

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Ordinance No. 7,810-N.S. Page 12 of 24
Main Building Height, Minimum No minimum
Main Building Height, Maximum 40 ft. and 3 stories [1,2] 23.304.050– Building Height
Lot Line Setbacks, Minimum
Abutting/Confronting a Non-residential District No minimum Abutting/Confronting a Residential District See 23.304.030.C.2

23.304.030–
Setbacks
Building Separation, Minimum No minimum
Lot Coverage, Maximum 100% 23.304.120– Lot
Coverage
Notes:
[1] 50 ft. and 4 stories allowed for mixed-use projects. The fourth floor must be used for residential or live/work purposes.
[2] On Assessor Parcel Numbers 054-1763-001-03, 054-1763-010-00 and 054-1763-003-03 the maximum height is 50 feet and 4 stories.

Section 9. That Berkeley Municipal Code Section 23.206.020 Table 23.206-1 is amended to read:

Table 23.206-1 Allowed Uses in Manufacturing Districts
MANUFACTURING DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see

23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an
asterisk following the permit
requirement (e.g., ZC*)
Residential Uses
Accessory Dwelling Unit NP NP NP See 23.306
Dwellings
Single-Family NP NP NP AUP* 23.206.090.B.8
Two Family NP NP NP AUP* 23.206.090.B.8
Multi-Family NP NP NP UP(PH)* 23.206.090.B.7&8
Group Living Accommodation NP NP NP UP(PH)* 23.206.090.B.8 Hotel, Residential NP NP NP NP
Mixed-Use Residential NP NP NP UP(PH)* 23.206.090.B.8&9 Senior Congregate Housing NP NP NP See

23.302.040.H
Public and Quasi-Public Uses
Child Care Center NP NP AUP* UP(PH)* 23.206.040.B&C
Cemetery/Crematory/Mausoleum NP NP NP NP
Club/Lodge UP(PH)* UP(PH)* UP(PH)* UP(PH) 23.206.040.E
Columbaria NP NP NP –
Community Care Facility NP NP NP ZC* 23.206.090.B.3
Community Center NP NP NP UP(PH)
Emergency Shelter NP NP NP –

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Ordinance No. 7,810-N.S. Page 13 of 24
MANUFACTURING DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see

23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an
asterisk following the permit
requirement (e.g., ZC*)
Family Day Care Home, Large NP NP ZC* AUP* 23.206.040.C Family Day Care Home, Small NP NP ZC* ZC* 23.206.040.C
Hospital NP NP NP NP
Library NP NP NP UP(PH)
Mortuaries and Crematories NP NP NP UP(PH)* 23.206.090.B.6 Municipal Animal Shelter UP(PH) UP(PH) UP(PH) –
Nursing Home NP NP NP UP(PH)
Park/Playground NP NP NP UP(PH)* 23.206.040.C
Public Safety and Emergency Service UP(PH) UP(PH) UP(PH) UP(PH) Public Utility Substation/Tank UP(PH) UP(PH) UP(PH) UP(PH) Religious Assembly NP NP NP UP(PH)
School NP NP NP UP(PH)* 23.206.040.C
School, Vocational NP NP ZC* [1] UP(PH) 23.206.080.B.12 Retail Uses
Alcoholic Beverage Retail Sale NP NP UP(PH)* [2] NP * 23.206.080.B.3;

23.206.090.B.2; 23.310
Firearm/Munitions Business NP NP NP NP
Industrial and Mining Products AUP [2] AUP [2] AUP [4] NP Pawn Shop/Auction House NP NP NP NP
Pet Store NP NP – NP NP
Retail, General NP NP AUP* [5] AUP* [3] 23.206.080.B.6;

23.206.090.B.4
Smoke Shop NP NP NP NP
Personal and Household Service Uses
Personal and Household Services,
General NP NP NP AUP
Kennels and Pet Boarding NP NP NP UP(PH)
Laundromats and Cleaners NP NP NP AUP
Veterinary Clinic NP NP NP UP(PH)
Video Tape/Disk Rental NP NP NP NP
Office Uses
Business Support Services NP NP AUP [6] AUP [3]
Banks and Financial Services, Retail NP NP – NP
Insurance Agents, Title Companies, Real
Estate Agents, Travel Agents NP NP – –
Medical Practitioners NP NP NP AUP [3]
Non-Chartered Financial Institutions NP NP – –
Office, Business and Professional NP ZC* [4] AUP [4] AUP [3] 23.206.070.B.2 Food and Alcohol Service, Lodging,
Entertainment, and Assembly Uses
Adult-oriented Business - - NP NP
Amusement Device Arcade NP NP – NP

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Ordinance No. 7,810-N.S. Page 14 of 24
MANUFACTURING DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see

23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an
asterisk following the permit
requirement (e.g., ZC*)
Bar/Cocktail Lounge/Tavern NP NP – –
Commercial Recreation Center NP NP – NP
Dance/Exercise/Martial Arts/Music Studio NP NP – UP(PH) Entertainment Establishment NP NP – UP(PH)
Food Service Establishment See 23.302.040.E
Group Class Instruction NP NP – UP(PH)
Gym/Health Club NP NP – NP
Hotel, Tourist NP NP NP NP
Motel, Tourist NP NP NP NP
Theater NP NP UP(PH)* NP 23.206.080.B.10
Vehicle Service and Sale Uses
Alternative Fuel Station AUP [4] AUP [4] AUP [4] AUP
Gasoline/Vehicle Fuel Station NP NP NP NP
Large Vehicle Sales and Rental – NP AUP [4] NP
Small Vehicle Sales and Rental – NP NP NP
Tire Sales and Service – – – NP
Vehicle Parts Store NP NP NP UP(PH)
Vehicle Repair and Service UP(PH) UP(PH) UP(PH) UP(PH)
Vehicle Rentals NP – – NP
Vehicle Sales, New AUP* [7] NP NP NP 23.206.060.B.3
Vehicle Sales, Used AUP* [7] NP NP NP 23.206.060.B.3
Vehicle Wash NP NP NP NP
Vehicle Wrecking AUP [7] AUP [4] AUP* [4] NP 23.206.080.B.11 Industrial and Heavy Commercial Uses
Bus/Cab/Truck/Public Utility Depot AUP [8] AUP [8] AUP* [4] UP(PH) 23.206.080.B.4 Commercial Excavation UP(PH) UP(PH) UP(PH) NP
Contractors Yard AUP [7] AUP [7] AUP [4] UP(PH)
Dry Cleaning and Laundry Plant ZC* [9] ZC [9] ZC [1] UP(PH) 23.206.060.B.2 Laboratory
Commercial Physical or Biological NP AUP [4] UP(PH)* NP 23.206.080.B.5 Cannabis Testing NP AUP [4] UP(PH) NP
Manufacturing
Construction Products ZC* [9] ZC* [9] UP(PH)* NP
Light Manufacturing ZC* [7] ZC* [7] ZC* [1] AUP* [3] 23.206.090.B.5 Pesticides/Herbicides/Fertilizers NP NP NP –
Petroleum Refining and Products NP NP NP –
Pharmaceuticals AUP [4] AUP [4] AUP* [4] – 23.206.080.B.7 Primary Production Manufacturing AUP [4] AUP [4] NP NP
Semiconductors UP(PH) UP(PH) NP –
Material Recovery Enterprise - - UP(PH) -
Media Production ZC [10] ZC [10] ZC [10] AUP [11]

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Ordinance No. 7,810-N.S. Page 15 of 24
MANUFACTURING DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see

23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an
asterisk following the permit
requirement (e.g., ZC*)
Mini-storage NP NP NP NP
Recycled Materials Processing ZC* [9] ZC* [9] UP(PH)* – 23.206.040.H;

23.206.080.B.9
Recycling Redemption Center AUP [7] ZC [9] UP(PH)* AUP 23.206.080.B.9 Repair Service, Non-Vehicle ZC* [9] ZC* [9] ZC* [1] AUP 23.206.040.G Research and Development - ZC [12] ZC [12] –
Services to Buildings and Dwellings AUP AUP AUP AUP
Warehouse ZC [9] ZC [9] ZC [1] UP(PH)
Warehouse-Based Non-Store Retailer ZC [9] ZC [9] ZC [1] – Wholesale Trade ZC [9] ZC [9] ZC* [1] AUP [3] 23.206.080.B.13 Incidental Uses
Amusement Devices NP NP AUP AUP
Alcoholic Beverage Service See 23.310
Cafeteria, On-Site ZC [2] AUP [2] ZC [2] AUP
Child Care Center NP NP See 23.206.040.B
Columbaria – – – –
Food and Beverage for Immediate
Consumption – AUP [2] – –
Food Service Establishment AUP [2] - AUP [2] AUP
Home Occupations NP NP NP See 23.206.040
Live Entertainment NP NP UP(PH)* UP(PH)* 23.302.020.D
Retail Sales of Goods Manufactured On-
Site AUP* [13] AUP* [14] AUP* [14] AUP* 23.206.040.I
Storage of Goods Manufactured On-Site
(>25% gross floor area) ZC ZC ZC AUP
Wholesale Activities ZC ZC ZC AUP
Other Miscellaneous Uses
Art/Craft Studio ZC* [10] ZC [10] ZC* [10] AUP [11] 23.206.040.A ATM, Exterior and Attached to Bank AUP AUP - AUP
ATM, Interior or Exterior and Not With
Bank AUP AUP AUP AUP
Circus/Carnival NP NP UP(PH)* UP(PH) 23.206.040.D
Drive-in Uses NP NP NP NP
Live/Work NP NP See 23.312
Parking Lot/Structure See 23.302.070.G
Public Market, Open Air – – UP(PH)*
[15] – 23.206.080.B.8
Public Market, Enclosed – – AUP [5] –
Short-Term Rental - - - ZC* 23.314
Urban Agriculture, Low-Impact ZC ZC ZC ZC
Urban Agriculture, High-Impact AUP AUP AUP AUP
Notes:
[1] Requires an AUP for uses 20,000 sq. ft. to 30,000 square feet. Requires a Use Permit for uses more than 30,000 sq. ft. [2] Not permitted 20,000 sq. ft. or more.
[3] Requires a Use Permit if 5,000 sq. ft. or more
[4] Requires a Use Permit for uses more than 20,000 sq. ft.

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Ordinance No. 7,810-N.S. Page 16 of 24
MANUFACTURING DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
-- = Permitted with an AUP, see

23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit Requirement
* Use-Specific Standards Apply

M MM MU-LI MU-R
Use-Specific Standards
Applies to uses with an
asterisk following the permit
requirement (e.g., ZC*)
[5] Not permitted over 2,000 sq. ft.
[6] Not permitted over 3,000 sq. ft.
[7] Requires a Use Permit for uses more than 40,000 sq. ft. [8] Requires a Use Permit for uses 20,000 sq. ft. to 40,000 square feet. [9] Requires an AUP for uses 20,000 sq. ft. to 40,000 square feet. Requires a Use Permit for uses more than 40,000 sq. ft. [10] Requires an AUP for uses 10,000 sq. ft. to 20,000 square feet. Requires a Use Permit for uses more than 20,000 sq. ft. [11] Allowed with Zoning Certificate if under 1,000 sq. ft.. Requires Use Permit if over 20,000 sq. ft. [12] Requires an AUP for uses more than 20,000 sq. ft.
[13] Not permitted 1,500 sq. ft. or more.
[14] Requires a Use Permit for sales area 1,501 to 3,000 sq. ft. Not permitted over 3,000 sq. ft. [15] Requires Use Permit for markets over 5,000 sq. ft.

Section 10. That Berkeley Municipal Code Section 23.302.040.A is hereby amended to read as follows:

23.302.040 – Home Occupations
A. Permits Required. Table 23.302-4 shows permits required for home occupations.

TABLE 23.302-4: PERMIT REQUIREMENTS FOR HOME OCCUPATIONS

HOME OCCUPATION PERMIT

REQUIRED
Class I ZC
Class II AUP
In the Hillside Overlay Not Permitted
ES-R District Not Permitted
Class III
All Commercial Districts and MU-R District UP (PH)
All other Districts, and in the Hillside Overlay Not Permitted

1. Additional Findings -- Class II and Class III Home Occupations. To approve an AUP for a Class II home occupation or a Use Permit for a Class III home occupation, the Zoning Officer or the ZAB must make the permit findings in Section 23.406 (Specific Permit Requirements) and find that, based on the circumstances of the specific use and property:
a. The degree of customer visits will not cause a significant detrimental impact on the availability of parking spaces in the immediate vicinity of the home occupation; and

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Ordinance No. 7,810-N.S. Page 17 of 24
b. The degree of shipping and delivery activity to and from the subject residence will be compatible with surrounding residential uses and will not cause a significant detrimental impact on pedestrian and bicyclist safety or the availability of parking spaces in the immediate vicinity of the home occupation; and
c. If the proposed home occupation will require a loading space on a regular basis, such loading space will be available on the subject property or the use of an on-street loading space will not cause a significant detrimental impact on pedestrian and bicyclist safety or the availability of parking spaces in the immediate vicinity of the home occupation; and
d. The degree of customer visits and shipping and delivery activities shall not cause a detrimental impact to public safety, as determined by the Fire Marshall.

Section 11. That Berkeley Municipal Code Section 23.304.060 is amended to read as follows:

23.304.060 – Accessory Buildings and Enclosed Accessory Structures A. Applicability. This section applies to accessory buildings and enclosed accessory structures as defined in 23.502 (Glossary). See Section 23.304.070 (Unenclosed Accessory Structures in Residential Districts) and Section 23.304.080 (Fences) and for requirements that apply to other unenclosed accessory structures and fences.

B. All Districts.

1. Attached or Close to Main Building. An accessory building or enclosed accessory structure, other than a subterranean structure, that is attached to or within 3 feet of a wall of a main building, is considered a part of the main building for the purposes of setback requirements.

2. Demolition. See 23.326.030.C (Accessory Buildings) and 23.326.070.B (Accessory Buildings) for permits required to demolish accessory buildings.

C. Residential Districts.

1. Permits Required. Table 23.304-6 shows permits required for accessory buildings and accessory structures in Residential Districts.

TABLE 23.304-6: PERMIT REQUIREMENTS FOR ACCESSORY BUILDINGS AND ENCLOSED

ACCESSORY STRUCTURES
District Location and Building/Structure Type
Permit
Required
All Residential Districts Except ES-R

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Ordinance No. 7,810-N.S. Page 18 of 24
New accessory buildings AUP
Alterations to existing accessory buildings ZC
Enclosed accessory structures on a lot with a main building ZC Enclosed accessory structures on a vacant lot without a main building AUP
Horse stables AUP [1]
Accessory buildings and structures with Urban Agriculture ZC ES-R District
Under 100 sq. ft. ZC
100 sq. ft. or more UP(PH)
On a vacant lot without a main building UP(PH)
Notes:
[1] Horse stables are not permitted in the R-S and R-SMU districts

2. Development and Use Standards.
a. Development Standards. Table 23.304-7 shows development standards for accessory buildings and enclosed accessory structures in Residential Districts.

TABLE 23.304-7: ACCESSORY BUILDING AND ENCLOSED ACCESSORY STRUCTURE

STANDARDS IN RESIDENTIAL DISTRICTS
Building/Structure Feature Standards
Average Height, Maximum
Less than 4 ft. from lot line 10 ft.
4 ft. to less than 10 ft. from lot line 12 ft.
10 ft. or more from lot line 24 ft.

Setbacks, Minimum
Front of Interior Lot 50% of lot dept
Front of Through Lot 25% of lot dept
Front of Corner Lot
The setback existing or required on the adjacent lot,
whichever is smaller, and the existing setback of
main building on the lot
Street Side, Corner Lot The existing setback of main building on the lot Interior Side
4 ft. for building/structures within 75 feet of front lot line; as required by Berkeley Building Code for
buildings/structures 75 feet or more from front lot
line

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Ordinance No. 7,810-N.S. Page 19 of 24
Edge of Alley 5 ft.

Building Length [1] 24 ft.

Notes:
[1] Applies to building walls generally parallel to a side lot line. b. Deviation from Standards.
i. In all Residential Districts except for the ES-R district, the Zoning Officer may approve an AUP to allow an accessory building or enclosed accessory structure to deviate from the standards in Table 23.304-7. In the ES-R district, deviations require ZAB approval of a Use Permit. ii. To approve the deviation, the review authority must find that the proposed building or structure will not be detrimental to the light, air, privacy, and view of adjacent properties.
c. Bathroom and Kitchen Facilities. An accessory building may contain a full bathroom, including handwashing sink, toilet, and tub or shower, as well as cooking facilities, as long as the cooking facilities do not constitute a kitchen. d. Rentals. An accessory building may be rented only as a short-term rental as allowed in Section 23.314—Short-Term Rentals.

3. Rebuilding and Replacement.
a. Notwithstanding the setback standards in this section and the coverage area standards in Chapter 23.202—Residential Districts, an accessory building or enclosed accessory structure may be constructed to replace a pre-existing lawful accessory building or enclosed accessory structure, if the replacement building or structure is in the same location and has the same or smaller footprint as the previous structure. However, any such replacement structure may not exceed the average height as the previous building or structure; otherwise an AUP is required.
b. Such replacement buildings and structures are permitted as of right only if an application for a building permit for their construction is submitted at the same time as an application for a building permit for the demolition of the pre- existing building or structure.
c. The demolition of any accessory building proposed for replacement under this section is subject to Municipal Code Chapter 3.24 (Landmark Preservation Commission

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Section 12. That Berkeley Municipal Code Section 23.322.030 Table 23.322-1 is amended to read as follows:

Table 23.322-1 Required Off-Street Parking in Residential Districts Land Use Number of Required Off-street Parking Spaces
Residential Uses
Accessory Dwelling Unit See Chapter 23.306
Dwellings, including Group
Living Accommodations
R-3, R-4, and R-5 Districts (1-9 units): If located on a roadway less than 26 feet in width in the Hillside Overlay: 1 per unit.

R-3, R-4, and R-5 District (10 or more units): If located on a roadway less than 26 feet in width in the Hillside Overlay: 1 per 1,000 sq ft of gross floor area.

ES-R: 1 per 1,000 sq ft of gross floor area or one per bedroom, whichever is greater.

All Other Districts: If located on a roadway less than 26 feet in width in the Hillside Overlay: 1 per unit
All Other Locations: None required
Dormitories, Fraternity and
Sorority Houses, Rooming &
Boarding Houses, Senior
Congregate Housing
If located on a roadway less than 26 feet in width in the Hillside Overlay:
1 per each 5 residents, plus 1 for manager.

All Other Locations: None required.

Rental of Rooms
ES-R: 1 per each roomer or boarder, in addition to any required parking for Dwellings.

All Other Districts: If located on a roadway less than 26 feet in width in the Hillside Overlay: 1 per each two roomers.

All Other Locations: None required
Non-Residential Uses
All non-residential uses
except uses listed below
R-SMU District: 1 per 1,000 sq. ft.

All Other Residential Districts: See 23.322.030.A.2
Community Care Facility One per two non-resident employees Food Service Establishment 1 per 300 sq. ft.

Hospital
R-SMU District: 1 per 1,000 sq. ft.

All Other Residential Districts: 1 per each 4 beds plus 1 per each 3 employees
Library 1 per 500 sq. ft. of publicly accessible floor area Nursing Home 1 per 3 employees
Medical Practitioners 1 per 300 sq. ft.

Non-Medical Offices R-SMU District: 1 per 1,000 sq. ft.

All Other Residential Districts: 1 per 400 sq. ft.

Hotels, Tourist 1 per 3 guest/sleeping rooms or suites plus 1 per 3 employees

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Section 13. That Berkeley Municipal Code Section 23.502.020.F is amended to read as follows:

F. “F” Terms.

1. Facade. Those portions of a building, including exterior walls, porches, chimneys, balconies, parapets and roof portions, which are visible from a public right-of-way or an adjacent building.

2. Family. See Household.

3. Family Day Care Home. An establishment providing day care for 14 or fewer children in a dwelling unit as licensed by the California Department of Social Services. A family day care homes must be incidental to a residential use. The day care operator must live in the primary dwelling on the lot. a. Small Family Day Care Home. A family day care home for eight or fewer children, including children who live at the home.
b. Large Family Day Care Home. A family day care home for nine to fourteen children, including children who live at the home.

4. Fence. A structure made of wood, metal, masonry or other material forming a physical barrier which supports no load other than its own weight, or a hedge, which is designed to delineate, screen or enclose a lot, yard, open space area or other land area.

5. Firearm/Munitions Businesses. Any establishment which sells, transfers, leases or offers for sale, transfer or lease any gun, ammunition, munitions, gun powder, bullets, ordnance, or other firearm or firearm parts or supplies.

6. Floor Area, Gross. See 23.106.030– Floor Area, Gross.

7. Floor Area, Leasable. See 23.106.040– Floor Area, Leasable.

8. Floor Area Ratio (FAR). See 23.106.050– Floor Area Ratio.

9. Food Product Store. A retail products store selling foods primarily intended to be taken to another location to be prepared and consumed, and the incidental preparation of food or beverages for immediate consumption off the premises.

10.Food and Beverage for Immediate Consumption. The sale of food or non- alcoholic beverages for immediate consumption not on the premises.

11.Food Service Establishments. An establishment which in whole or in part prepares food or beverages for immediate consumption on or off the premises. a. Carry Out Food Store: A store which serves food or non-alcoholic beverages for immediate consumption not on the premises, but usually in the vicinity of the store. This use is usually characterized as an establishment which serves food altered in texture and/or temperature on a customer-

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Ordinance No. 7,810-N.S. Page 22 of 24
demand basis, puts such food in non-sealed packages or edible containers, requires payment for such food before consumption, and provides no seating or other physical accommodations for on- premises dining. Examples of this use include delicatessens and other stores without seating which sell doughnuts, croissants, ice cream, frozen yogurt, cookies, whole pizzas and sandwiches. This use excludes bakeries and food products stores. b. Quick Service Restaurant: An establishment which serves food or beverages for immediate consumption either on the premises, or to be taken out for consumption elsewhere. This use is usually characterized as an establishment in which food is cooked on a customer-demand basis, payment is required before consumption, limited or no able service is provided (no waiters), and seating or other physical accommodations for on- premises customer dining is provided. Examples of this use include establishments selling primarily hamburgers or other hot or cold sandwiches, hot dogs, tacos and burritos, pizza slices, fried chicken, or fish and chips. c. Full-Service Restaurant: An establishment which serves food or beverages for immediate consumption primarily on the premises, with only a minor portion, if any, of the food being taken out of the establishment. This use is characterized as an establishment in which food is cooked or prepared on the premises on a customer-demand basis, which requires payment after consumption, and provides seating and tables for on-premises customer dining with table service (waiters).

12.Fraternity House. A building used for group living accommodations by an organization recognized by the University of California at Berkeley or other institution of higher learning.

13.Front Wall. The wall of the building nearest the front lot line.

Section 14. That Berkeley Municipal Code Section 23.502.020.R is amended to read as follows:

R. “R” Terms.

1. Rear Main Building. A main building situated behind another main building existing or proposed on a parcel located in the R-1A district.

2. Receiving Lot. See Lot, Receiving.

3. Recycled Materials Processing. A facility that receives and processes recyclable materials. Processing means preparation of material for efficient shipment, or to an end-user’s specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.

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Ordinance No. 7,810-N.S. Page 23 of 24

4. Recycling Redemption Center. A facility, use, or structure for the collection of recyclable goods, including beverage containers and newspapers.

5. Related Equipment. All equipment necessary for or related to the provision of personal wireless services. Such equipment may include, but is not limited to, cable, conduit and connectors, equipment pads, equipment shelters, cabinets, buildings and access ladders.

6. Religious Assembly. A building or space primarily used for an assembly of persons to conduct worship or other religious ceremonies, including, but not limited to, churches, synagogues, temples, mosques or shrines.

7. Repair Service, Non-Vehicle. An establishment that provides repair and maintenance services for household appliance, home electronics, office equipment, furniture and other similar items. Excludes vehicle repair.

8. Research and Development. An establishment comprised of laboratory or other non-office space, which is engaged in one or more of the following activities:
industrial, biological or scientific research; product design; development and testing; and limited manufacturing necessary for the production of prototypes.

9. Resident. A person whose primary residence is in Berkeley.

10.Residential Care Facility. See Community Care Facility.

11.Residential Hotel. See Hotel, Residential.

12.Residential Addition. See Addition, Residential.

13.Residential Districts. The districts listed under the Residential Districts heading in Table 23.108-1: Zoning Districts.

14.Residential Hotel Room. A room which is:
a. Used, designed, or intended to be used for sleeping for a period of 14 consecutive days or more;
b. Not a complete dwelling unit, as defined in this chapter; and c. Not a Tourist Hotel Room, as defined in this chapter.

15.Residential Use. Any legal use of a property as a place of residence, including but not limited to dwelling units, group living accommodations, and residential hotels.

16.Retail, General. A retail establishment engaged in the sales of personal, consumer, or household items to the customers who will use such items. This use includes antique stores, art galleries, arts and crafts supply stores, bicycle shops, building materials and garden supplies stores, clothing stores, computer stores, cosmetic/personal care items, department stores, drug paraphernalia stores, drug stores, fabric, textile and sewing supply shops, flower and plant

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Ordinance No. 7,810-N.S. Page 24 of 24
stores, food product stores, furniture stores, garden supply stores, nurseries, gift/novelty shops, household hardware and housewares stores, household electronics/electrical stores, jewelry/watch shops, linen shops includes bedding, musical instruments and materials stores, office supply stores, paint stores, photography equipment supply stores, secondhand stores, sporting goods stores, stationery, cards and paper goods stores toy stores and variety stores.

This use excludes video rental stores, service of vehicle parts, and firearm/munition sales.

17.Retaining Wall. A wall designed to contain and resist the lateral displacement of soil and of which such soil is at a higher elevation on one side of the wall.

18.Review Authority. The City official or body responsible for approving or denying a permit application or other form of requested approval under the Zoning Ordinance.

19.Rooming House. A building used for residential purposes, other than a hotel, where lodging for 5 or more persons, who are not living as a single household, is provided for compensation, whether direct or indirect. In determining the number of persons lodging in a rooming house, all residents shall be counted, including those acting as manager, landlord, landlady or building superintendent. See also Boarding House.

Section 15: Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 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.

At a regular meeting of the Council of the City of Berkeley held on April 26, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Droste, Hahn, Harrison, Kesarwani, Robinson, Taplin, Wengraf, and Arreguin.

Noes: None.

Absent: None.

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BLAKE ST

DERBY ST

FULTON ST

PARKER ST

ASHBY AVE

KING ST

RUSSELL ST

GRANT ST

OREGON ST

MILVIA ST

HASTE ST

CARLETON ST

DWIGHT WAY

ELLIS ST

M L KING JR WAY

STUART ST

CHANNING WAY

WARD ST

ELLSWORTH ST

SHATTUCK AVE

DANA ST

HARMON ST

FAIRVIEW STCALIFORNIA ST

ESSEX ST

PRINCE ST

ALCATRAZ AVE

HARPER ST

WOOLSEY ST

WHEELER ST

DURANT AVE

EMERSON ST

MCKINLEY AVEROOSEVELT AVE

TYLER ST

OTIS ST

JULIA ST

SIXTY-THIRD ST

BANCROFT WAY

SIXTY-SECOND ST

ADELINE ST

DEAKIN ST

NEWBURY ST

HALCYON CT

MCGEE AVE

WALKER ST

DOVER ST

PRINCE ST

DEAKIN ST

WARD ST

WOOLSEY ST

STUART ST

HARPER ST

M L KING JR WAY

SHATTUCK AVE
Parcel boundaries as of
October 12, 2021
0 2,0001,000
FeetN
Height Subarea One
Height Subarea Two
South Area Commercial (C-SA)

CITY BOUNDARY
South of Parker St., North of Ward St.

South of Ward St., North of Dwight Way
Attachment 1, Exhibit A

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Office of the City Attorney

CONSENT CALENDAR
May 10, 2022
To: Honorable Mayor and Members of the City Council
Madame City Manager
From: Farimah Faiz Brown, City Attorney
Subject: Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference

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, November 16, 2021, December 14, 2021, January 10, 2022, February 8, 2022, March 8, 2022, March 22, 2022, and April 12, 2022.

FISCAL IMPACT OF RECOMMENDATION
To be determined.

CURRENT SITUATION AND ITS EFFECTS
The City Council made the initial findings required under the Government Code on September 28, 2021. The Council must make the findings every thirty days in order to continue to meet exclusively through video conference or teleconference.

Pursuant to California Government Code section 8630 and Berkeley Municipal Code Chapter 2.88.040, on March 3, 2020, the City Manager, in her capacity as Director of Emergency Services, proclaimed a local emergency due to conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19), including a confirmed case in the City of Berkeley. As a result of multiple confirmed and presumed cases in Alameda County, the County has declared a local health emergency. On March 4, 2020, Governor Gavin Newsom issued a Proclamation of a State of Emergency due to the spread of COVID-19. On March 10, 2020, the City

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Council ratified the Proclamation of Local Emergency with the passage of Resolution No. 69-312.

On March 17, 2020, Governor Newsom signed Executive Order N-29-20, which suspended certain portions of the Ralph M. Brown Act (Cal. Gov. Code § 54950 et seq.) related to the holding of teleconferenced meetings by City legislative bodies. Among other things, Executive Order N-29-20 suspended requirements that each location from which an official accesses a teleconferenced meeting be accessible to the public.

These changes were necessary to allow teleconferencing to be used as a tool for ensuring social distancing. City legislative bodies have held public meetings via videoconference and teleconference pursuant to these provisions since March 2020.

These provisions of Executive Order N-29-20 will expire on September 30, 2021.

COVID-19 continues to pose a serious threat to public health and safety. There are now over 4,700 confirmed cases of COVID-19 and at least 55 deaths in the City of Berkeley.

Additionally, the SARS-CoV-2 B.1.617.2 (“Delta”) variant of COVID-19 that is currently circulating nationally and within the City is contributing to a substantial increase in transmissibility and more severe disease.

As a result of the continued threat to public health posed by the spread of COVID-19, state and local officials continue to impose or recommend measures to promote social distancing, mask wearing and vaccination. Holding meetings of City legislative bodies in person would present imminent risks to the health and safety of the public and members of legislative bodies, and therefore public meetings cannot safely be held in person at this time
Assembly Bill 361 (Rivas), signed into law by Governor Newsom on September 16, 2021, amended a portion of the Brown Act (Government Code Section 54953) to authorize the City Council, during the state of emergency, to determine that, due to the spread of COVID-19, holding in-person public meetings would present an imminent risk to the health or safety of attendees, and therefore City legislative bodies must continue to meet via videoconference and teleconference. Assembly Bill 361 requires that the City Council must review and ratify such a determination every thirty (30) days.

Therefore, if the Council passes this resolution on March 22, 2022, the Council will need to review and ratify the resolution by April 21, 2022.

This item requests that the Council review the circumstances of the continued state of emergency posed by the spread of COVID-19, and find that the state of emergency continues to directly impact the ability of the public and members of City legislative bodies to meet safely in person, that holding public meetings of City legislative bodies in person would present imminent risks to the health and safety of attendees, and that state and local officials continue to promote social distancing, mask wearing and vaccination. This item further requests that the Council determine that City legislative bodies, including but not limited to the City Council and its committees, and all commissions and boards, shall continue to hold public meetings via videoconference

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and teleconference, and that City legislative bodies shall continue to comply with all provisions of the Brown Act, as amended by SB 361.

BACKGROUND
On March 1, 2020, Alameda County Public Health Department and Solano County Public Health Department reported two presumptive cases of COVID-19, pending confirmatory testing by the Centers for Disease Control (CDC), prompting Alameda County to declare a local health emergency.

On March 3, 2020, the City’s Director of Emergency Services proclaimed a local emergency due to the spread of COVID-19, including a confirmed case in the City of Berkeley and multiple confirmed and presumed cases in Alameda County.

On March 4, 2020, Governor Gavin Newsom issued a Proclamation of a State of Emergency due to the spread of COVID-19.

On March 10, 2020, the City Council ratified the Proclamation of Local Emergency.

Since that date, there have been over 4,700 confirmed cases of COVID-19 and at least 57 deaths in the City of Berkeley.

On March 17, 2020, Governor Newsom signed Executive Order N-29-20 which suspended certain portions of the Ralph M. Brown Act (Cal. Gov. Code § 54950 et seq.) to allow teleconferencing of public meetings to be used as a tool for ensuring social distancing. As a result, City legislative bodies have held public meetings via teleconference throughout the pandemic. The provisions of Executive Order N-29-20 allowing teleconferencing to be used as a tool for social distancing will expire on September 30, 2021.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Not applicable.

RATIONALE FOR RECOMMENDATION
The Resolution would enable the City Council and its committees, and City boards and commissions to continue to hold public meetings via videoconference and teleconference in order to continue to socially distance and limit the spread of COVID-

19. ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Farimah Brown, City Attorney, City Attorney’s Office (510) 981-6998 Mark Numainville, City Clerk, (510) 981-6908
Attachments:1: Resolution Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference

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RESOLUTION NO. –N.S.

RESOLUTION MAKING THE REQUIRED FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54953(E)(3) AND DIRECTING CITY LEGISLATIVE BODIES TO

CONTINUE TO MEET VIA VIDEOCONFERENCE AND TELECONFERENCE WHEREAS, in accordance with Berkeley Municipal Code section 2.88.040 and sections 8558(c) and 8630 of the Government Code, which authorize the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a City exist, the City Manager, serving as the Director of Emergency Services, beginning on March 3, 2020, did proclaim the existence of a local emergency caused by epidemic in the form of the global spread of a severe acute respiratory illness caused by a novel (new) coronavirus (“COVID-19”), including confirmed cases in California and the San Francisco Bay Area, and presumed cases in Alameda County prompting the County to declare a local health emergency; and WHEREAS, on March 10, 2020, the City Council ratified the Proclamation of Local Emergency with the passage of Resolution No. 69-312; and WHEREAS, on March 4, 2020, Governor Gavin Newsom issued a Proclamation of a State of Emergency pursuant to the California Emergency Services Act, in particular, Government Code section 8625; and
WHEREAS, the Proclamation of a State of Emergency issued by Governor Newsom on March 4, 2020 continues to be in effect; and
WHEREAS, on September 16, 2021, Governor Newsom signed into law AB 361, which authorizes the City Council to determine that, due to 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; and
WHEREAS, the City Council does find that the aforesaid conditions of extreme peril continue to exist, and now include over 4,700 confirmed cases of COVID-19 and at least 55 deaths in the City of Berkeley; and
WHEREAS, the City Council recognizes that the SARS-CoV-2 B.1.617.2 (“Delta”) variant of COVID-19 that is currently circulating nationally and within the City is contributing to a substantial increase in transmissibility and more severe disease; and WHEREAS, as a result of the continued threat to public health posed by the spread of COVID-19, state and local officials continue to impose or recommend measures to promote social distancing, mask wearing and vaccination; and

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WHEREAS, holding meetings of City legislative bodies in person would present imminent risks to the health and safety of the public and members of legislative bodies, and therefore public meetings cannot safely be held in person at this time; and WHEREAS, the City Council made the initial findings required by the Government Code on September 28, 2021; and
WHEREAS, the City Council made subsequent findings required by the Government Code on October 26, 2021, November 16, 2021, December 14, 2021, January 10, 2022, February 8, 2022, March 8, 2022, March 22, 2022, and April 12, 2022; and WHEREAS, the City Council will need to again review the need for the continuing necessity of holding City legislative body meetings via videoconference and teleconference by June 9, 2022.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that, pursuant to Government Code section 54953, the City Council has reviewed the circumstances of the continued state of emergency posed by the spread of COVID-19, and finds that the state of emergency continues to directly impact the ability of the public and members of City legislative bodies to meet safely in person, that holding public meetings of City legislative bodies in person would present imminent risks to the health and safety of attendees, and that state and local officials continue to promote social distancing, mask wearing and vaccination.

BE IT FURTHER RESOLVED that City legislative bodies, including but not limited to the City Council and its committees, and all commissions and boards, shall continue to hold public meetings via videoconference and teleconference.

BE IT FURTHER RESOLVED that all City legislative bodies shall comply with the requirements of Government Code section 54953(e)(2) and all applicable laws, regulations and rules when conducting public meetings pursuant to this resolution.

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267230.1
Office of the City Attorney

CONSENT CALENDAR
May 10, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Farimah Faiz Brown, City Attorney
Subject: 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)

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, December 14, 2021, February 8, 2022, and March 22, 2022.

FISCAL IMPACT OF RECOMMENDATION
To be determined.

CURRENT SITUATION AND ITS EFFECTS
Pursuant to California Government Code section 8630 and Berkeley Municipal Code Chapter 2.88, on March 3, 2020, the City Manager, in her capacity as Director of Emergency Services, proclaimed a local emergency due to conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19), including a confirmed case in the City of Berkeley. As a result of multiple confirmed and presumed cases in Alameda County, the County has declared a local health emergency. The Proclamation of Local Emergency empowers the Director of Emergency Services to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such local emergency.

Pursuant to Government Code section 8630(b) and Berkeley Municipal Code section

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2.88.040.A.1, on March 10, 2020, the City Council ratified the Proclamation of Local Emergency with the passage of Resolution No. 69-312.

Pursuant to Government Code section 8630(c), the City Council must review the need for continuing the local emergency at least once every sixty (60) days. The Council last reviewed and ratified the Proclamation of Local Emergency on September 14, 2021.

The Council therefore must review the continuing need for the local emergency by November 13, 2021.

This item requests that the Council review the continued need for the local emergency and again ratify the Proclamation of Local Emergency issued on March 3, 2020, initially ratified by the 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, December 14, 2021, February 8, 2022, and March 22, 2022. If reviewed and ratified on May 10, 2022, the Council will need to again review and ratify the proclamation by July 9, 2022 in order to continue the local emergency.

If at any time the Council determines that the need for continuing the local emergency has ended, state law directs the Council to terminate the local emergency at the earliest possible date that conditions warrant. (Cal. Gov. Code section 8630(d).)

On March 10, 2020, the City Council ratified the Proclamation of Local Emergency.

Since that date, there have been over 4,955 confirmed cases of COVID-19 and at least 55 deaths in the City of Berkeley.

Since April 2021, the highly transmissible SARS-CoV-2 B.1.617.2 (“Delta”) variant has been detected in the City of Berkeley and is contributing to substantial levels of community transmission.

The City Council has subsequently reviewed and ratified the Proclamation of Local Emergency 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, December 14, 2021, February 8, 2022, and March 22, 2022.

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ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Not applicable.

RATIONALE FOR RECOMMENDATION
The Resolution would enable the Director of Emergency Services to continue to efficiently allocate resources due to the ongoing and imminent threat to public safety.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Dee Williams-Ridley, City Manager, City Manager’s Office (510) 981-7000 Farimah Brown, City Attorney, City Attorney’s Office (510) 981-6998 Attachments:
1: Resolution

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RESOLUTION NO. –N.S.

RESOLUTION REVIEWING AND RATIFYING THE

PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, the Emergency Services Act, Government Code sections 8558(c) and 8630 authorize the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist; and WHEREAS, pursuant to Government Code section 8630, such an emergency may be proclaimed by the governing body or by an official designated by ordinance adopted by the governing body; and
WHEREAS, Berkeley Municipal Code section 2.88.040 provides that the City Manager, serving as the Director of Emergency Services, may request that the City Council proclaim the existence of a local emergency; and
WHEREAS, under provision of local law, if the City Council cannot be convened and, in the judgment of the Director of Emergency Services, the circumstances warrant it, a proclamation of local emergency may be issued which must be ratified or nullified by the City Council within seven days of issuance; and
WHEREAS, in accordance with authority granted under the above provisions of state and local law, the Director of Emergency Services beginning on March 3, 2020 did proclaim the existence of a local emergency caused by epidemic in the form of the global spread of a severe acute respiratory illness caused by a novel (new) coronavirus (“COVID-19”), including confirmed cases in California and the San Francisco Bay Area, and presumed cases in Alameda County prompting the County to declare a local health emergency; and WHEREAS, on March 10, 2020, the City Council ratified the Proclamation of Local Emergency with the passage of Resolution No. 69-312; and WHEREAS, Government Code section 8630(c) requires that the City Council review the need for continuing the local emergency at least once every sixty (60) days; and WHEREAS, the City Council subsequently reviewed the need for continuing the local emergency and again ratified the Proclamation of Local Emergency 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, December 14, 2021, February 8, 2022, and March 22, 2022; and WHEREAS, the City Council does find that the aforesaid conditions of extreme peril continue to exist, and now include over 13,000 confirmed cases of COVID-19 and at least 61 deaths in the City of Berkeley, thereby warranting and necessitating the continuation of the local emergency; and

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WHEREAS, the City Council will need to again review the need for continuing the local emergency and ratify the Proclamation of Local Emergency by July 9, 2022; WHEREAS, the City Council recognizes that the SARS-CoV-2 B.1.617.2 (“Delta”) variant of COVID-19 that is currently circulating nationally and within the City is contributing to a substantial increase in transmissibility and more severe disease; and WHEREAS, on July 16, 2021, in light of the apparent increased transmissibility of the Delta variant, the City of Berkeley recommended that all individuals including fully vaccinated persons wear masks in public indoor settings; and WHEREAS, on July 26, 2021, the California State Health Officer issued an order requiring vaccination or routine testing of all employees working in high-risk health care and congregate settings, in light of the fact that current requirements of staff in health care settings, such as universal mask requirements for all staff are not proving sufficient to prevent transmission of the more transmissible Delta variant; and WHEREAS, on July 27, 2021, the CDC updated its guidance for fully vaccinated persons to reflect new evidence regarding the Delta variant, noting that “[i]nfections in fully vaccinated people (breakthrough infections) happen in only a small proportion of people who are fully vaccinated, even with the Delta variant”; and WHEREAS, on August 2, 2021, the Health Officer for the City of Berkeley issued an order requiring all individuals to wear masks in all indoor public settings; and WHEREAS, on August 5, 2021, the California State Health Officer issued an order requiring that workers in healthcare settings be fully vaccinated by September 30, 2021; and
WHEREAS, on August 11, 2021, the City announced its intention to implement a vaccination policy for City employees to protect the health and safety of the City of Berkeley’s employees and community members from the imminent and substantial threat to public health and safety posed by the Delta variant; and WHEREAS, on September 14, 2021, given the increased and unforeseen risk posed by the Delta variant, as compared to earlier variants of the COVID-19 virus previously present in the City of Berkeley, the City Council found that a Citywide vaccination policy protects public health and reduces the risk of substantial harm to City staff and community members that could result from workplace outbreaks caused by the Delta variant; and WHEREAS, on September 14, 2021, given the urgency posed by the highly transmissible nature of the Delta variant, the City Council recognized the variant’s existence as creating an emergency of grave character and as warranting immediate adoption of a Citywide vaccination policy.

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NOW, THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that it is hereby proclaimed and ordered that 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 City 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, December 14, 2021, February 8, 2022, and March 22, 2022, has been reviewed and is hereby again ratified and confirmed; and
BE IT FURTHER RESOLVED that during the existence of this local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, and the Charter, ordinances, resolutions and approved plans of the City of Berkeley.

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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
May 10, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Calling for a Consolidated General Municipal Election for November 8, 2022

RECOMMENDATION
1) Adopt a Resolution: a) Calling for a General Municipal Election to be consolidated with the Statewide General Election to be held in Berkeley on November 8, 2022; b) Requesting that the Alameda County Board of Supervisors consolidate the City of Berkeley General Municipal Election with the Statewide General Election; c) Authorizing certain procedural and contractual actions; and d) Establishing policies for the filing of candidate statements of qualification.
2) Adopt a Resolution establishing policies and timelines for filing ballot measure arguments.

FISCAL IMPACTS OF RECOMMENDATION
No direct fiscal impacts related to the recommended action. Election services have seen a steep increase since 2018, with the City’s first million-dollar election in 2020. It is uncertain at this time how recent state mandates and the pandemic will affect election costs in an ongoing basis. In addition, the number of measures placed on the ballot, and the length of the measures, are the primary driving factors in the fluctuation of election costs.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley is required under the City’s Charter to conduct its general municipal elections in November of each even-numbered year. Adopting these resolutions is the first official step toward holding the election.

The resolution in Attachment 1: a) calls for a General Municipal Election and requests the Alameda County Board of Supervisors accept consolidation of the City’s General Municipal Election with the Statewide General Election on November 8, 2022; b) provides authority for the City Clerk to enter into contracts necessary for election supplies and services for the general election; c) provides authority for the City Clerk to hire temporary staff as needed to assist with the conduct of this election; d) adopts certain administrative policies for the filing of candidate statements; and e) authorizes

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Calling for a Consolidated General Municipal Election CONSENT CALENDAR for November 8, 2022 May 10, 2022
the filing of rebuttal arguments for City ballot measures pursuant to Elections Code Section 9285.

The resolution in Attachment 2 establishes policies and timelines for filing ballot measure arguments on City measures.

BACKGROUND
Since 2010, voters have selected candidates for Mayor, Auditor, and City Council using Ranked-Choice Voting (RCV). In 2022 voters will continue to use RCV, thus eliminating the need for runoff elections. The use of RCV does not affect any of the actions stated in the resolution calling the election.

The City Charter, State Elections, and Government Codes require adoption of a resolution requesting consolidation, and authorizing procedural, contractual and organizational actions in connection with the General Municipal Election to be held on November 8, 2022.

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

RATIONALE FOR RECOMMENDATION
The proposed action is mandated by state code in order to carry out the provisions of the City Charter.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Mark Numainville, City Clerk, 981-6900
Attachments:
1: Resolution Calling the November 8, 2022 General Municipal Election 2: Resolution Establishing Policies and Timelines for Filing Ballot Measure Arguments Exhibit A: Selection Procedure for Multiple Ballot Measure Arguments Exhibit B: Ballot Measure Argument Consent Form
Exhibit C: Signature Form for Proponents

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RESOLUTION NO.

CALLING FOR A GENERAL MUNICIPAL ELECTION TO BE CONSOLIDATED WITH THE STATEWIDE GENERAL ELECTION ON NOVEMBER 8, 2022
WHEREAS, a General Municipal Election is to be held on Tuesday, November 8, 2022, in and for the City of Berkeley; and
WHEREAS, certain actions are required in connection with said election.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the General Municipal Election to be held in the City of Berkeley on November 8, 2022, is hereby called.

BE IT FURTHER RESOLVED as follows:

1. In accordance with the provisions of Section 10002 and 10403 of the Elections Code of the State of California, the Alameda County Board of Supervisors is requested to consolidate the City of Berkeley General Municipal Election with the Statewide General Election to be held November 8, 2022, and to authorize the county elections official to render services specified.

2. The Registrar of Voters of Alameda County is requested to perform services in connection with said election at the request of the City Clerk. These services include all necessary services related to signature checking for nomination petitions and signatures-in-lieu of filing fee, official ballot creation, sample ballot and voter information pamphlet preparation, vote-by-mail, polling places, poll workers, voter registration, voting machines, canvass operations, and any and all other services necessary for the conduct of the consolidated election.

3. The City hereby requests that the Registrar of Voters conduct the election for City Council and Auditor using ranked choice voting in accordance with the executed Memorandum of Understanding between the City and the Registrar as well as Berkeley Municipal Code Section 2.14.010 et seq.

4. The Board of Supervisors of Alameda County is requested to include on the ballots and sample ballots, all qualified measures submitted by the City Council to be ratified by the qualified electors of the City of Berkeley.

5. That the City of Berkeley acknowledges that the consolidated election will be held and conducted in the manner prescribed in Elections Code Section 10418.

6. The City Clerk is hereby directed to cause the posting, publication, and printing of all notices or other election materials pursuant to the requirements of the Charter of the City of Berkeley and the Elections and Government Codes of the State of California.

7. The City Clerk is hereby authorized to enter into any contracts necessary for election consulting services, temporary employment services, printing services, and any such other supplies and services as may be required by the statutes of

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the State of California and the Charter of the City of Berkeley for the conduct of the November General Municipal Election.

8. The offices to be voted upon at the General Municipal Election shall be:
a) One council member seat, District 1, term ending November 30, 2026 b) One council member seat, District 4, term ending November 30, 2026 c) One council member seat, District 7, term ending November 30, 2026 d) One council member seat, District 8, term ending November 30, 2026 e) One seat for auditor, term ending November 30, 2026
f) Three school board director seats, terms ending November 30, 2026 g) Five rent stabilization board commissioner seats, terms ending November 30, 2026;

9. The offices of auditor and council member require a 50%+1 majority in the ranked choice voting system to be elected. The offices of school board director and rent stabilization board commissioner require a plurality of the votes cast.

10.Candidates may file a statement of qualification pursuant to the regulations in the Elections Code, the City Charter, the Municipal Code, and the policies set forth below:
a. Candidate statements must be filed no later than the last day to file nomination papers.
b. Candidate statements must be filed at the same time as completed nomination papers are filed.
c. Statements may not be changed once they are submitted. Statements may be withdrawn until 5:00 p.m. on the next business day after the close for the nomination period.
d. Statements are confidential until the close of the nomination period. The statements are subject to public review and contest.
e. There shall be no fee charged by the City for the submission of a candidate statement of qualifications.
f. Statements must be typed or printed from a computer. If prepared on a computer, submit the statement in electronic format in addition to the required hard copy.
g. Statements shall be submitted in plain text formatting, single paragraph, without any formatting such as underline, bold, italics, or all caps. h. Candidate statements must be attached to the form provided by the City Clerk when filed.
i. Statements are limited to 200 words. The word counting guidelines in Elections Code Section 9 shall govern the counting of words. j. The candidate statement will be translated into Spanish, Chinese, Vietnamese, and Tagalog pursuant to the requirements of the Federal Voting Rights Act.
k. Signed and completed consent forms are required for each Berkeley resident referenced as an endorser (no less than 5, no more than 20) and for any person and any organization mentioned in the text of the statement as an endorser or supporter.
l. For any discrepancy between the information listed on the hard copy of a candidate statement or candidate statement form and the consent form, the signed consent form will take precedence.

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m. The name and title of an endorser will be printed exactly as it is written on the consent form.
n. The total word count for all title(s) of a single endorser shall not exceed 20 words. In the case that there are more than 20 words, the title will be truncated at the 20 th word. Words will be counted in accordance with Elections Code Section 9.
o. Any mention of partisan activity or membership is prohibited. p. Any mention of any opponent or other candidate for the same office is prohibited.
q. Candidates may submit a photograph of themselves to be printed with their statement. Hard copy or electronic photo must be submitted at the same time the candidate statement is filed in order to be included in the voter pamphlet.

11.The City of Berkeley agrees to reimburse the County of Alameda in full for the cost of election services performed.

12.Pursuant to Elections Code Section 9285 (b), the City Council hereby adopts the provisions of Elections Code Section 9285 (a) providing for the filing of rebuttal arguments for city ballot measures.

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RESOLUTION NO –N.S.

ESTABLISHING THE SCHEDULE AND POLICY PROVIDING FOR THE FILING OF

BALLOT ARGUMENTS FOR CITY MEASURES SUBMITTED AT MUNICIPAL

ELECTIONS
WHEREAS, the City Council will likely submit ballot measures to the voters at the November 8, 2022, election; and
WHEREAS, it is necessary to establish a schedule and policy for the filing of ballot arguments.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the following policy is hereby adopted for the November 8, 2022, General Municipal Election:

Section 1. The Primary Argument filing period opens at 8:00 a.m. on Monday, August 15, 2022, and closes at 12:00 p.m. on Friday, August 19, 2022. The Rebuttal Argument filing period opens at 4:00 p.m. on Friday, August 19, 2022, and closes at 12:00 p.m. on Friday, August 26, 2022.

Section 2. The 10-day public review period for all ballot materials opens at 4:00 p.m. on Friday, August 26, 2022, and closes at 5:00 p.m. on Tuesday, September 6, 2022.

Section 3. Primary Arguments for or against ballot measures shall not exceed 300 words in length. Rebuttal Arguments for or against ballot measures shall not exceed 250 words in length (EC 9282, 9285). Word count will be determined using the standards set forth in Elections Code Section 9.

Section 4. If more than one argument is submitted on a measure, the City Clerk shall select the argument and shall give preference, in the order named, to arguments of the following: (EC 9287)
a) The legislative body, or member or members of the legislative body authorized by that body.
b) The individual voter or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.
c) Bona fide associations of citizens.
d) Individual voters who are eligible to vote on the measure.

If more than one argument from the same level of standing is submitted, the argument to be printed will be determined by the procedure in Exhibit A.

Section 5. Each ballot argument must be accompanied by the printed name(s) and signature(s) of the person or persons submitting it or, if submitted on behalf of an organization, the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument. (EC 9283) a. The consent form in Exhibit B must be submitted in order to use an organization name for the title of a signor or as an endorser in the argument text.

Attachment 2

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b. If the argument is filed by: 1) the legislative body or authorized members of the legislative body; or 2) individual voters eligible to vote on the measure, then, pursuant to Elections Code Sections 9282 and 9283, all signors to the argument must be eligible to vote on the measure.

Section 6. No more than five signatures shall appear with any argument. In case any argument is signed by more than five persons, the signatures of the first five shall be printed. (EC 9283) Authors must list the signors names on the argument in the order they are to be printed.

Section 7. The certification of the author(s) and proponent(s) in Exhibit C must be submitted at the time the respective primary argument or rebuttal argument is filed. A separate signature form is required for the rebuttal argument even if the same signor completed a form for the primary argument. (EC 9600)
Section 8. For proponents of ballot arguments whose name and title shall appear with the argument in the voter pamphlet, the title of said proponent is limited to 20 words.

In the case that there are more than 20 words, the title will be truncated at the 20th word.

Words will be counted in accordance with Elections Code Section 9.

Section 9. The names and titles of proponents will be printed exactly as they appear on the “Printed Name” and “Title” lines on the Signature Form for Proponents in Exhibit C.

Section 10. The Consent Form for Use of Organization Name for Ballot Argument/Rebuttal Statements shown in Exhibit B is required for any proponent and/or signatory that uses the name of any organization in their title. If using more than one organization name in the full title(s), a separate consent form is required for each organization.
a. Consent forms are required for persons and/or organizations listed as supporters in the text of the argument.
b. Offices held with public agencies (including city boards and commissions) do not require a consent form from the jurisdiction.

Section 11. The City Clerk, upon receipt of arguments and after the filing deadline, will immediately transmit copies of the arguments to the authors of the opposing arguments (both for and against the measure) who may then submit rebuttals within the time period shown above. (EC 9285)
Section 12. Primary arguments may be changed or withdrawn up to 12:00 p.m., Friday, August 19, 2022. Rebuttal arguments may be changed or withdrawn up to 12:00 p.m., Friday, August 26, 2022. Arguments received prior to the deadline are confidential until the deadline.

Section 13. Only the author whose primary argument has been selected by the City Clerk in accordance with Elections Code Section 9287 may file a rebuttal argument or may authorize in writing another person or persons to prepare, submit, or sign the rebuttal argument. (EC 9285)

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Section 14. Primary and rebuttal arguments must be typed or printed from a computer. Hand written arguments will not be accepted. If prepared on a computer, the primary/rebuttal argument shall be submitted in electronic format in addition to the required hard copy.

BE IT FURTHER RESOLVED that these provisions, excluding date specific deadlines, shall remain in effect for all future elections until superseded.

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Exhibit A

CITY OF BERKELEY

CITY CLERK DEPARTMENT
Selection Procedure for
Multiple Ballot Measure Arguments
When multiple ballot measure arguments are submitted for or against a measure, Elections Code Section 9287 provides guidelines for determining which argument will be published in the Voter Information Guide.
9287. City elections official to select if more than one argument. (a) If more than one argument for or more than one argument against any city measure is submitted to the city elections official within the time prescribed, he or she shall select one of the arguments in favor and one of the arguments against the measure for printing and distribution to the voters. In selecting the argument, the city elections official shall give preference and priority, in the order named, to the arguments of the following:
(1) The legislative body, or member or members of the legislative body authorized by that body.
(2) The individual voter, or bona fide association of citizens, or combination of voters and associations, who are the bona fide sponsors or proponents of the measure.
(3) Bona fide associations of citizens.
(4) Individual voters who are eligible to vote on the measure. (b) In order to enable the city elections official to determine whether it qualifies as a bona fide association of citizens, an organization or association submitting an argument for or against a city measure shall submit with its argument a copy of one of the following:
(1) Its articles of incorporation, articles of association, partnership documents, bylaws, or similar documents.
(2) Letterhead containing the name of the organization and its principal officers.
(3) If the organization or association is a primarily formed committee established to support or oppose the measure, its statement of organization filed pursuant to Section 84101 of the Government Code.
(c) In selecting an argument from among bona fide associations of citizens, the city elections official shall not consider the type of documentation submitted pursuant to subdivision (b) or the form of the association.

Amended by Stats. 2018, Ch. 92, Sec. 63. (SB 1289) Effective January 1, 2019.)

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The Elections Code does not require that the signors of the argument, when filed by a bona fide association of citizens, must reside or be registered to vote in the jurisdiction that is voting on the measure.

If the argument is being filed by a bona fide association, Elections Code Section 9283 requires that “the name of the organization and the printed name and signature of at least one of its principal officers who is the author of the argument” must accompany the argument.

The Elections Code does not contain any provision for selecting an argument based on which argument was filed first, or earliest in relation to any arguments filed later, but before the deadline. All arguments filed before the deadline are considered equal in priority.

The Elections Code clearly states that only one argument for and one argument against may be printed (EC Sec. 9287). If two or more parties filing an argument for or against a measure fall under the same classification, then the Elections Official shall select one argument to print. The Elections Official will determine the most appropriate procedure to select the argument to be printed.

The Berkeley Municipal Code and the City Charter do not stipulate a method for selecting arguments if multiple arguments of equal standing are filed. Therefore, state law is followed to make the determination.

The procedure to determine the winning candidate in the case of a tie vote is by drawing of lots (EC Sec. 15651). The Elections Official may determine that the drawing of lots, as outlined below, is the most appropriate means to select the argument to be printed.

Procedure for Drawing of Lots
The names of the authors of each argument shall be written on a piece of paper, folded, and placed in a container so that each argument is represented by one paper. The container will be agitated to mix the papers, and then one paper shall be drawn at a time. As each piece of paper is removed, it will be opened and the names recorded in the order removed.

The order in which the names are removed from the container shall be the order of priority for printing the argument, i.e., the first name chosen shall be the author whose argument shall be printed.

Arguments for a measure and arguments against a measure will each have their own drawing process.

The results of the drawing will then be posted in the City Clerk Department.

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Exhibit B

BALLOT MEASURE ARGUMENT CONSENT FORM
► PRIMARY ARGUMENT ◄

CONSENT FOR USE OF ORGANIZATION NAME
I hereby consent that my organization’s name may be referred to as an endorser either within the text of the primary argument or in the title of the signatory listed below for city ballot measure _______________________________________ at the City of Berkeley (subject or measure letter)
General Municipal Election to be held on November 8, 2022.

To be completed by
Organization Principal: ____________________________________________ Printed Name of Principal
____________________________________________
Signature of Principal
____________________________________________
Title
____________________________________________
Organization Name
____________________________________________
Date
____________________________________________
Printed Name of Signatory

CONSENT FOR USE OF ENDORSER NAME
I hereby consent that my name may be referred to as an endorser within the text of the primary argument for City Ballot Measure ____________________________________ (subject or measure letter)
at the City of Berkeley General Municipal Election to be held on November 8, 2022.

To be completed by
Endorser: ____________________________________________
Printed Name of Endorser
____________________________________________
Signature of Endorser
____________________________________________
Title

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BALLOT MEASURE ARGUMENT CONSENT FORM
► REBUTTAL ARGUMENT ◄

CONSENT FOR USE OF ORGANIZATION NAME
I hereby consent that my organization’s name may be referred to as an endorser either within the text of the rebuttal argument or in the title of the signatory listed below for city ballot measure _______________________________________ at the City of Berkeley (subject or measure letter)
General Municipal Election to be held on November 8, 2022.

CONSENT FOR USE OF ENDORSER NAME
I hereby consent that my name may be referred to as an endorser within the text of the rebuttal argument for City Ballot Measure ____________________________________ (subject or measure letter)
at the City of Berkeley General Municipal Election to be held on November 8, 2022.

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Exhibit C

SIGNATURE FORM FOR PROPONENTS
► PRIMARY ARGUMENT ◄
EC 9600: "All arguments concerning measures filed pursuant to this division shall be accompanied by the following form statement, to be signed by each proponent and by each author, if different, of the argument:"
The undersigned proponent or author of the ballot argument in favor of or against ballot measure _________________________________________ at the (subject or measure letter)
General Municipal Election for the City of Berkeley to be held on November 8, 2022, hereby states that this argument is true and correct to the best of his/her/their knowledge and belief:

Signed:____________________________________ Date: ___________________ Printed Name: ______________________________________________________ (Name will be printed exactly as written on this line)
Full Title: ______________________________________________________________ (Title will be printed exactly as written on this line – limit 20 words) Residence Address: ___________________________________________________ Phone Number: _______________________________________________________ For the City of Berkeley General Municipal Election to be held on November 8, 2022, I hereby consent that my name may be referred to as an endorser within the text of the primary argument for City Ballot Measure __________________. (subject or measure letter)
 For any argument filed by the City Council or an individual voter, all signors must be eligible to vote on the measure (i.e. Berkeley resident, at least 18 years old on Election Day, U.S. citizen, not incarcerated in a state or federal prison or on parole for the conviction of a felony, and not currently found mentally incompetent to vote by a court).
 For any signor on a city ballot measure, a consent form is required for the use of any organization name in the signor’s title(s). The organization must consent to the use of its name for all signors.
 Offices held with public agencies (including city boards and commissions) do not require a consent form from the jurisdiction.
 If using more than one organization name in the full title(s), a separate consent form is required for each organization.

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SIGNATURE FORM FOR PROPONENTS
► REBUTTAL ARGUMENT ◄
EC 9600: "All arguments concerning measures filed pursuant to this division shall be accompanied by the following form statement, to be signed by each proponent and by each author, if different, of the argument:"
The undersigned proponent or author of the ballot argument in favor of or against ballot measure __________________________________________ at the (subject or measure letter)
General Municipal Election for the City of Berkeley to be held on November 8, 2022, hereby states that such argument is true and correct to the best of his/her/their knowledge and belief:

Signed:______________________________________ Date: ___________________ Printed Name: ________________________________________________________ (Name will be printed exactly as written on this line)
Full Title: ______________________________________________________________ (Title will be printed exactly as written on this line – limit 20 words) Residence Address: ____________________________________________________ Phone Number: ________________________________________________________ For the City of Berkeley General Municipal Election to be held on November 8, 2022, I hereby consent that my name may be referred to as an endorser within the text of the rebuttal argument for City Ballot Measure __________________. (subject or measure letter)
 For any argument filed by the City Council or an individual voter, all signors must be eligible to vote on the measure (i.e. Berkeley resident, at least 18 years old on Election Day, U.S. citizen, not incarcerated in a state or federal prison or on parole for the conviction of a felony, and not currently found mentally incompetent to vote by a court).
 For any signor on a city ballot measure, a consent form is required for the use of any organization name in the signor’s title(s). The organization must consent to the use of its name for all signors.
 Offices held with public agencies (including city boards and commissions) do not require a consent form from the jurisdiction.
 If using more than one organization name in the full title(s), a separate consent form is required for each organization.

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CONSENT CALENDAR
May 10, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Sharon Friedrichsen, Budget Manager
Subject: Amendment: FY 2022 Annual Appropriations Ordinance

RECOMMENDATION
Adopt the first reading of an Ordinance amending the FY 2022 Annual Appropriations Ordinance No. 7,795–N.S. for fiscal year 2022 based upon recommended re- appropriation of committed FY 2021 funding and other adjustments in the amount of $53,155,906 (gross) and $43,380,083 (net).

FISCAL IMPACTS OF RECOMMENDATION
On June 29, 2021 the City Council adopted the Fiscal Year (“FY”) 2022 Budget, authorizing gross appropriations of $673,601,287 and net appropriations of $552,265,708 (net of dual appropriations).

This First Amendment to the FY 2022 Annual Appropriations Ordinance approved by Council on January 18, 2022 increased the gross appropriations to $852,116,502 and net appropriations to $716,547,594 and represents the re-authorization of funding previously committed in FY 2021 and some new expenditures including new grant fund appropriations.1
This Second Amendment to the FY 2022 Annual Appropriations Ordinance totals $53,155,906 (gross) and $43,380,083 (net) and increases gross appropriations to $905,272,407 and net appropriations to $759,927,677. The changes in this report are primarily unencumbered carryover and adjustments to continue and start capital projects and other City initiatives.

BACKGROUND
The Annual Appropriations Ordinance (AAO) establishes the expenditure limits by fund for FY 2022. Throughout the year, the City takes actions that amend the adopted budget. These may include, but are not limited to, the acceptance of new grants, 1 https://www.cityofberkeley.info/Clerk/City_Council/2022/01_Jan/Documents/2022-01- 18_Item_01_Amendment__FY_2022_AAO.aspx

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revisions to existing grants, adjustments to adopted expenditure authority due to emergency needs, and transfers in accordance with Council’s fiscal policies.

The adopted budget is also amended annually to reflect the re-appropriation of prior year funds for contractual commitments (i.e. encumbrances) as well as unencumbered carryover of unexpended funds previously authorized for one-time, non-recurring purposes. These budget modifications are periodically presented to the Council in the form of an Ordinance amending the Annual Appropriations Ordinance, which formally requires a two-thirds vote of the City Council. This report addresses re-appropriating FY 2021 spending authority to FY 2022 of available cash for commitments entered into in prior years and is the second amendment to the FY 2022 AAO.

When Council adopts an appropriations ordinance (budget), it is based on projected revenues and expenditures. If fund balances do not support the requested level of expenditures, no carryover is recommended.

The proposed changes, presented in their entirety in Exhibit A, are summarized as follows:

Recommended
Carryover
Recommended
Adjustments Total
General Fund (011) -$ 6,956,452$ 6,956,452$ Capital Improvement Fund (501) 267,707$ 231,148$ 498,855$ All Other Funds 4,499,576$ 41,201,023$ 45,700,599$ Total 4,767,283$ 48,388,623$ 53,155,906$
Below is a summary of the FY 2021 Unencumbered Carryover and the FY 2022 Adjustments for the City’s General Fund and Other Funds.

General Fund
The General Fund includes recommended adjustments of $6,956,452 for the following items:

Recommended Adjustments
 $1,500,000 for a Council Budget Referral and Resolution by Vice Mayor Harrison and Councilmember Bartlett for Establishing a Pilot Existing Building Electrification Installation Incentives and Just Transition Program with Pre- Qualified Contractors Meeting Minimum Labor Standards to Assist New Property Owners, Renters and Existing Property Owners with Transition to Zero-Carbon Buildings. In December 2021, as part of the Mayor's December 2021 General Fund Budget Recommendation, this item was referred to be first priority to be funded in the AAO#2 process in May 2022.
 $39,085 in funds from the East Bay Community Foundation raised by the Berkeley Relief Fund and authorize the City Manager to allocate these funds to the following: $10,000 each to the Starry Plough Pub and Music Venue and

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$18,142.38 to the Eviction Defense Center for the Housing Retention Program.

Approved by Council on 12/14/21 through Resolution 70,167-N.S.  $80,000 in the City Manager’s Office -for professional executive recruitment services to fill the vacant Director of Human Resources and Director of Information Technology positions.
 $445,129 in additional funds for the Visit Berkeley contract based on additional Transient Occupancy Tax revenues received in FY 2022.
 $37,260 for an emergency generator for the Animal Shelter  $73,068 in the Fire Department for a payment to the State of California for overpayments for the Ground Emergency Medical Transport program in FY 2011 & FY 2014
 $250,000 in the Fire Department for the Fire Department Training Academy to help fill vacant positions
 $250,000 in Health, Housing & Community Services for the Health Equity & Innovation District Consultant Council Referral after staff learned this item cannot be funded through the American Rescue Plan
 $4,110,918 in Non-Departmental for the FY 2021 Allocation to Stability Reserve Fund ($2,261,005) and to Catastrophic Reserve Fund ($1,849,913). Approved by Council on 12/14/21 with Mayor's Budget Recommendations.  $150,000 in Parks, Recreation & Waterfront for additional funding for the West Campus Pool and King Pool projects as bids came out higher than the estimate  $20,000 in Public Works for the coordination of the Shared Electric Micromobility Permit Program
All of the General Fund items listed above are being funded from the projected additional $22 million dollars in General Fund Revenues that the City is anticipating to receive in FY 2022. The information about the additional revenues is being presented to the City Council in the FY 2022 Mid-Year Report in tonight’s agenda.

Other Funds
Other City funds (including capital improvement project funds) total recommended carryover of $4,767,283 and recommended adjustments of $41,432,171 includes the following allocations:

Recommended Carryover
 $150,000 in Measure B Local Streets & Roads funds for the Ravo Narrow Street Sweeper
 $22,253 in Parks Tax for hourly staffing cost for the Parks Strategic Plan  $46,371 in Tobacco Control Trust to support the Tobacco Prevention program  $678,819 in Emergency Solutions Grant Funding for housing services to be provided by community agencies
 $465,152 in CalTrans Grant Funding for the North Berkeley BART/Sacramento Street Complete Streets project
 $267,707 in the CIP Fund for various Public Works on-going capital projects

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 $853,735 in Measure T1 funds for various projects in Public Works that are listed as Item Numbers 131-137 in Attachment 2
 $2,269,671 in Sanitary Sewer funds in Public Works for two sewer rehabilitation projects at Martin Luther King, Jr. Way and other locations and San Pablo Avenue
Recommended Adjustments
 $250,000 in Measure U1 fund for the Eviction Defense Center Housing Retention Program
 $600,000 in Climate Equity Action Fund to assist low-income residents with the transition to zero-carbon transportation and buildings
 $2,700,000 in Catastrophic Reserve Funds to transfer to the Playground Camp Fund for the Berkeley Tuolumne Camp Rebuild project. The allocation of these funds has already been included in the reserve calculations presented in the FY 2021 Year-End and FY 2022 First Quarter Report2
 $100,000 in Special Tax for the Disabled (Measure E) Funds for a consultant and enter into any agreements to provide Easy Does It (EDI) with operational, management, and organizational culture consulting services for an amount not to exceed $100,000 to ensure initial and sustained implementation of audit findings.

Approved by Council on 9/10/19 through Resolution 69,077-N.S.  $54,167 in Fund Raising Activities Fund for a donation to support the operations of the Berkeley Meals on Wheels program
 $753,055 in Playground Camps Funds for the Cazadero Camp Landslide project, Berkeley Tuolumne Camp Rebuild project, and for the Echo Lake Camp Youth Scholarship
 $500,000 in State-Prop 172 Pub.Safety Fund to add funding for the DNA forensic services contract
 $439,397 in State Transportation Tax Funds for the FY 2020 Street Rehab project and for a contract with BSK Associates to on-call site assessment work  $1,232,491 in CDBG Funds for the Rosewood Manor Multi-Family Housing Rehab project. Approved by Council through Resolutions 69,719-N.S. on 2/9/21 and 69,830-N.S. on 4/27/21
 $50,000 in Measure F – VRF for the local match to Alameda CTC grant for the Bicycle Parking project
 $2,729,527 in Measure BB – Local Streets & Roads Funds in Public Works for various projects that are listed as Item Numbers 30-43 in Attachment 2  $332,834 in Measure BB – Bike & Pedestrian Funds in Public Works for various projects that are listed as Item Numbers 44-48 in Attachment 2  $43,000 in Measure BB – Paratransit for the Paratransit Program funding  $298,986 in Parks Tax Funds for park projects, bench donation, and increased water and refuse costs
 $600,000 in Measure GG Funds for Fire Overtime costs
2 https://www.cityofberkeley.info/Clerk/City_Council/2021/12_Dec/Documents/2021-12- 14_Supp_2_Reports_Item_44_Rev_City_Manager_pdf.aspx

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 $5,000,000 in Operating Grants – State Funds from State of California Department of Housing & Community Services Local Housing Trust Fund for Blake Street (2527 San Pablo) and Maudelle Miller Shirek (2001 Ashby) projects.

Both projects will receive $2.5 million. Approved by Council on 7/14/20 through Resolution No. 69,494-N.S.
 $615,130 in Capital Grants – State Funds for various Public Works capital projects that are listed as Item Numbers 59-61 in Attachment 2  $841,000 in Capital Grants – Local Funds for various Public Works capital projects listed as Item Numbers 62-65 in Attachment 2
 $53,394 in Health (General) Funds for Public Health grant budget adjustments  $5,034,428 in Mental Health Services Act Funds for the MHSA Wellness Center Operations contract, a contract amendment with Berkeley Food & Housing Project for Berkeley Mental Health Flexible Funding Programs and Russell Street Residence, and various HHCS approved Mental Health Plans in FY 2022 (listed as Item Numbers 71-89 in Attachment 2)
 $50,000 in C.F.P. Title X Fund for reproductive health and education program  $8,112,046 in One-Time Grant Funds for projects in the City Manager’s Office, Health, Housing & Community Services, and Parks Recreation & Waterfront that are listed as Item Numbers 98-109 in Attachment 2
 $117,000 in Bay Area Air Quality Management District Fund for the Bicycle Parking project
 $349,000 in MTC Funds for the Bicycle Plan Project, West Berkeley Quick Build Project, and goBerkeley program
 $168,272 in FEMA Grant Funds for a Regional Fire Leadership Development Academy
 $60,710 in State Dept Conservation/Recycling Fund for the residential recycling curbside collection program
 $75,138 in Caltrans Grant Fund for the North Berkeley BART/Sacramento Complete Streets project
 $209,784 in Bio-Terrorism Grant Fund for the Public Health Emergency Preparedness
 $231,148 in Capital Improvement Funds for various projects listed as Item Numbers 122-130 in Attachment 2
 $585,000 in Measure T1 for various projects listed as Item Numbers 132, 134, and 137 in Attachment 2
 $5,452,871 in Measure O Funds for the Maudelle Miller Shirek Community project (2001 Ashby) project
 $2,129,991 in Zero Waste Funds for the new Ecology Center contract for residential curbside recycling and funding for the shortfall to the vehicle replacement payments
 $62,000 in Marina – Dept of Boating and Waterway Fund for DBW 2021 SAVE grant program and purchase and replacement of equipment related to boating safety at the Berkeley Marina
 $440,579 in Marina Funds for various projects listed as Item Numbers 148-154 in Attachment 2

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 $214,643 in Sanitary Sewer Funds for two sewer rehabilitation projects at Martin Luther King, Jr. Way and other locations and San Pablo Avenue  $50,000 in Unified Program (CUPA) Fund for the Toxics Replacement software  $345,188 in Equipment Replacement Fund for a Wheel Loader  $456,165 in Tourism BID Funds for Visit Berkeley Contract based on additional revenues received in FY 2022
This report has been discussed with the Budget & Finance Policy Committee at their April 14, 2022 and April 19, 2022 meetings.

ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental effects or opportunities associated with the act of adopting the budget/appropriations ordinance/amendments. Actions included in the budget will be developed and implemented in a manner that is consistent with the City’s environmental sustainability goals and requirements.

RATIONALE FOR RECOMMENDATION
The recommendation allows the City to amend the current FY 2022 Revised Budget, re- appropriating funds from FY 2021 to FY 2022 for contractual commitments that need to be paid. It revises the budget to reflect approved carryover requests and adjustments in both discretionary and non-discretionary funds.

Staff has conducted a detailed analysis of the individual carryover and other adjustment requests submitted by departments and is presenting carryover and other adjustment recommendations for projects that are either currently under contract, represent Council priorities, and/or are considered critical.

CONTACT PERSON
Sharon Friedrichsen, Budget Manager, City Manager’s Office, 981-7000 Rama Murty, Senior Management Analyst, City Manager’s Office, 981-7000 Attachments:
1: Ordinance
Exhibit A: Annual Appropriation Ordinance Summary of Appropriations by Fund 2: FY 2022 Annual Appropriations Ordinance Amendment #2 Recommendations

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ORDINANCE NO. -N.S.

AMENDING THE ANNUAL APPROPRIATIONS ORDINANCE NO. 7,795–N.S. FOR FISCAL YEAR 2022
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That the Annual Appropriations Ordinance based on the budget for FY 2022 submitted by the City Manager and passed by the City Council be amended as follows and as summarized in Exhibit A:
279,359,429
171,752,899
129,219,649
73,632,076
9,804,404
164,992,055
60,739,124
57,120
I. Agency Funds (Funds 771-799) 8,852,933
J. Other Funds (Funds 800-899) 6,862,718
Total General Fund 279,359,429
Add: Total Other Than General Fund 625,912,979
Gross Revenue Appropriated 905,272,407
Less: Dual Appropriations -84,605,606
Less: Revolving/Internal Service Funds -60,739,124
Net Revenue Appropriated 759,927,677
A. General Fund (Funds 001-099)
B. Special Funds (Funds 100-199)
C. Grant Funds (Funds 300-399)
D. Capital Projects Funds (Funds 500-550)
K. Total
E. Debt Service Fund (Funds 551-599)
F. Enterprise Funds (Funds 600-669)
G. Internal Service Funds (Funds 146, 670-699)
H. Successor Agency (Funds 760-769)
Section 2. The City Manager is hereby permitted, without further authority from the City Council, to make the following transfers by giving written notice to the Director of Finance:
a. From the General Fund to the General Fund – Stability Reserve Fund; Catastrophic Reserve Fund; Paramedic Tax Fund; Health State Aid Realignment; Fair Election Fund; Capital Improvement Fund; Phone System Replacement; Equipment Replacement Fund; Public Liability Fund; Catastrophic Loss Fund; Police Employee Retiree Health Assistance Plan; Safety Members Pension Fund; and Sick Leave Entitlement Fund.

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b. To the General Fund from the General Fund – Stability Reserves Fund; Catastrophic Reserves Fund; Community Development Block Grant Fund; Street Lighting Assessment District Fund; Zero Waste Fund; Marina Operations and Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Parking Meter Fund; Unified Program (CUPA); IT Cost Allocation Fund; and Health State Aid Realignment Fund. c. To the First Source Fund from the Parks Tax Fund; Capital Improvement Fund; and the Marina Fund.
d. From the Measure U1 Fund to the Workers’ Compensation Fund e. From the Catastrophic Reserve Fund to the Playground Camp Fund

f. From Gilman Sports Field Fund to Gilman Field Reserve Fund g. From Measure FF Fund to Paramedic Tax Fund.
h. From the American Rescue Plan Fund to the General Fund; Sports Field Fund; Playground Camp Fund; Marina Fund; Off-Street Parking Fund; and Parking Meter Fund.
i. From Capital Improvement Fund to PERS Savings Fund; Berkeley Repertory Theater Fund; and 2010 COP (Animal Shelter) Fund.
j. To the Public Art Fund from the Parks Tax Fund; Capital Improvement Fund; and the Marina Fund.
k. To CFD#1 District Fire Protection Bond (Measure Q) from Special Tax Bonds CFD#1 ML-ROOS.
l. To Private Sewer Lateral Fund from Sanitary Sewer Operation Fund. m. To Catastrophic Loss Fund from Permit Service Center Fund. n. To Catastrophic Loss Fund from Unified Program (CUPA) Fund. o. To the Building Purchases and Management Fund from General Fund; Health (General) Fund; Rental Housing Safety Program Fund; Measure B Local Streets & Road Fund; Employee Training Fund; Zero Waste Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Building Maintenance Fund; Central Services Fund; and Health State Aide Realignment Trust Fund.
p. To Equipment Replacement Fund from General Fund; Mental Health Services Act Fund; Health (Short/Doyle) Fund; Vector Control Fund; Paramedic Tax Fund; Playground Camp Fund; State Transportation Tax Fund; Rental Housing Safety Program Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero

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Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Central Services Fund.
q. To the Equipment Maintenance Fund from General Fund; Health (General) Fund; Mental Health Services Act Fund; Health (Short/Doyle) Fund; Vector Control Fund; Paramedic Tax Fund; Library - Discretionary Fund; Playground Camp Fund; State Transportation Tax Fund; Rental Housing Safety Program Fund; Rent Stabilization Board Fund; Parks Ta Fund; Street Light Assessment District Fund; FEMA Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Central Services Fund.
r. To the Building Maintenance Fund from the General Fund; Health (General) Fund; Health (Short/Doyle) Fund; Measure B Local Street & Road Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Off Street Parking Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Mental Health State Aid Realignment Fund.
s. To the Central Services Fund from the General Fund; First Source Fund; Health (Short/Doyle) Fund; Library-Discretionary Fund; Playground Camp Fund; Rent Stabilization Board Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation; Building Purchases & Management Fund; Building Maintenance Fund; Central Services Fund; and Mental Health State Aid Realignment Fund.
t. To Information Technology Cost Allocation Plan Fund from General Fund; Target Case Management/Linkages Fund; Health (Short/Doyle); Library Fund; Playground Camp Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Rent Stabilization Board Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Equipment Maintenance Fund; Building Maintenance Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; and Mental Health State Aid Realignment Fund.
u. To the Workers' Compensation Self-Insurance Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital

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Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.
v. To the Sick Leave and Vacation Leave Accrual Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’

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Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.
w. To the Payroll Deduction Trust Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.

Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 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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Attachment for Annual Appropriations Ordinance - Fiscal Year 2022

REVOLVING FUNDS/INTERNAL SERVICE FUNDS
Appropriations are identified with revolving and internal service funds. Such funds derive revenue by virtue of payment from other fund sources as benefits are received by such funds, and the total is reflected in the "Less Revolving Funds and Internal Service Funds" in item I. The funds are:

Employee Training Fund 961,840
Equipment Replacement Fund 16,855,573
Equipment Maintenance Fund 9,990,781
Building Maintenance Fund 4,686,074
Central Services Fund 388,107
Workers' Compensation Fund 6,706,769
Public Liability Fund 4,212,789
16,937,191
Subtotal Revolving/Internal Service Funds 60,739,124$
Information Technology Fund

DUAL APPROPRIATIONS - WORKING BUDGET
Dual appropriations are identified with revenues generated by one fund and transferred to another fund. Both funds are credited with the applicable revenue, and the total is reflected in the "Less Dual Appropriations" in item I. The dual appropriations are:

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Transfer to Safety Members Pension Fund from General Fund 551,804 Tansfert to Climate Equity Action Fund from General Fund 600,000 6,094,045
Transfer to Stability Reserve Fund from General Fund 3,636,005 Transfer to Catastrophic Reserve Fund from General Fund 2,974,913 Transfer to PERS Savings Fund from General Fund 2,000,000 Transfer to Health State Aid Realignment from General Fund 1,953,018 Transfer to Fair Election Fund from General Fund 505,002 Transfer to Capital Improvement Fund (CIP) from General Fund 4,950,905 449,408
Transfer to Equipment Replacement Fund from General Fund 1,081,699 Transfer to Public Liability Fund from General Fund 3,895,888 Transfer to Catastrophic Loss Fund from General Fund 3,129,119 Transfer to IT Cost Allocation Fund from General Fund 145,640 400,136
946,163
2,700,000
Transfer to Sick Leave Entitlement Fund from General Fund 201,501 175,000
Transfer to General Fund from Health State Aid Realignment Fund 2,643,280 757,925
Transfer to General Fund from American Rescue Plan Fund 22,969,355 196,000
Transfer to Playground Camp Fund from American Rescue Plan Fund 1,035,000 1,400,000
Transfer to Off-Street Parking Fund from American Rescue Plan Fund 3,940,000 4,340,000
Transfer from CIP Fund to PERS Savings Fund 151,632
499,802
Transfer from CIP Fund to 2010 COP (Animal Shelter) Fund 402,613 90,501
50,555
5,082
Transfer to General Fund from Parking Meter Fund 1,742,288 2,048,940
Transfer to First Source Fund from Parks Tax Fund 14,093 Transfer to First Source Fund from Capital Improvement Fund 26,943 Transfer to First Source Fund from Marina Fund 1,875
Transfer to Public Art Fund from Parks Tax Fund 21,140
Transfer to Public Art Fund from Capital Improvement Fund 40,414 Transfer to Public Art Fund from Marina Fund 2,813
Subtotal Transfers to Other Funds: 78,770,497
Sub-Total Dual Appropriations 84,605,606
Grand Total Dual Appropriations 145,344,730
Transfer to Phone System Replacement - VOIP from General Fund Transfer to Police Employee Retiree Health Assistance Plan from General Fund Transfer from Special Tax Bonds CFD#1 ML-ROOS to CFD#1 District Fire Protect Bond (Measure Q)
Transfer to Catastrophic Loss Fund from Permit Service Center Fund Transfer to Catastrophic Loss Fund from Unified Program (CUPA) Fund Transfer to Private Sewer Lateral Fund from Sewer Fund
Transfer to Berkeley Repertory Theater Debt Service Fund from CIP Fund Transfer to Measure U1 Fund from General Fund
Transfer to Sports Field Fund from American Rescue Plan Fund Transfer to Marina Fund from American Rescue Plan Fund
Transfer to Parking Meter Fund from American Rescue Plan Fund Transfer to Paramedic Tax Fund from Measure FF - Public Safety Fund Transfer to Gilman Field Reserve Fund from Sports Field Fund Transfer to Workers' Compnesation Fund from Measure U1 Fund Transfer to Playground Camp Fund from Catastrophic Reserve Fund

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EXHIBIT A
2nd AAO
FY 2022 Other Total FY 2022
ERMA
Fund # Fund
Revised #1 Reappropriations Adjustments Amend. Revised #2 11 General Fund Discretionary 259,763,888 - 6,956,452 6,956,452 266,720,340 16 Measure U1 - Housing 9,089,089 - 250, 000 250, 000 9, 339,089 17 Climate Equity Action 0 - 600, 000 600, 000 600, 000 99 Catastrophic Reserve Fund 0 - 2, 700,000 2, 700,000 2, 700,000 101 Library - Tax 25,152,140 - - - 25,152,140 103 Library - Grants 64,889 - - - 64,889 104 Library - Friends & Gift 150,197 - - - 150,197 105 Library - Foundation 350,046 - - - 350,046 106 Asset Forefeiture 364,165 - - - 364,165 107 Special Tax Measure E 1,451,853 - 100,000 100,000 1,551,853 108 First Source Fund 46,675 - - - 46,675 110 Sec 108 Loan Gty Asst. 553,108 - - - 553,108 111 Fund Raising Activities 74,875 - 54,167 54,167 129,042 113 Sports Field (Vendor Oper) 625,781 - 25,000 25,000 650,781 114 Gilman Fields Reserve 2,694 - - - 2,694 115 Animal Shelter 57,920 - - - 57,920 116 Paramedic Tax 4,916,665 - - - 4,916,665 117 CA Energy Commission 44,249 - - - 44,249 119 Domestic Violence Prev - Vit Stat 22,587 - - - 22,587 120 Af
fordable Housing Mitigation 5,373,924 - - - 5,373,924 121 Affordable Child Care 13,275 - - - 13,275 122 Inclusionary Housing Program 550,501 - - - 550,501 123 Condo Conversion 1,107,597 - - - 1,107,597 124 P
arking In-Lieu Fee 82,010 - - - 82,010 125 Playground Camp 29,823,415 - 753,055 753,055 30,576,470 126 State-Prop 172 Pub.Safety 942,880 - 500,000 500,000 1,442,880 127 State Transportation Tax 9,201,033 - 439,397 439,397 9,640,430 128 CDBG 4,854,839 - 1,232,491 1,232,491 6,087,330 129 Rental Housing Safety Program 2,231,853 - 25,000 25,000 2,256,853 130 Measure B - Local St & Road 5,632,887 150,000 - 150, 000 5, 782,887 131 Measure B - Bike and Pedestrian 317,541 - - - 317,541 132 Measure B - Paratransit 543,039 - - - 543, 039 133 Measure F Alameda County VRF St & Rd 956,556 - 50, 000 50, 000 1, 006,556 134 Measure BB - Local St & Road 10,873,305 - 2, 729,527 2, 729,527 13, 602,832 135 Meaure BB - Bike & Pedestrian 1,253,739 - 332, 834 332, 834 1, 586,573 136 Measure BB - Paratransit 476,161 - 43, 000 43, 000 519, 161 137 One Time Funding 19,080 - - - 19, 080 138 Parks Tax 18,779,226 22,253 298,986 321,239 19,100,465 139 Street and Open Space Improvement 1,702 - - - 1,702 140 Measure GG - Fire Prep Tax 5,407,799 - 600,000 600,000 6,007,799 142 Streetlight Assesment District 3,195,968 - - - 3,195,968 143 Berkeley Bus Ec Dev 680,937 - - - 680,937 145 Bayer (Miles Lab) 9,452 - - - 9,452 146 Employee Training 961,840 - - - 961,840 147 UC Settlement 5,044,285 - - - 5,044,285 148 Private Percent - Art Fund 850,618 - - - 850,618 149 Private Party Sidewalks 350,000 - - - 350,000 150 Public Art Fund 155,161 - - - 155,161 152 Vital & Health Statistics Trust Fund 29,813 - - - 29,813 156 Hlth State Aid Realign Trust 3,806,205 - - - 3,806,205 157 Tobacco Cont.Trust 398,017 46,371 - 46,371 444,388 158 Mental Health State Aid Realign 3,451,968 - - - 3,451,968 159 Ci
tizens Option Public Safety Trust 531,636 - - - 531,636 161 Alameda Cty Abandoned Vehicle Abatement 100,597 - - - 100,597 162 Shelter Operations 170,953 - - - 170,953 164 Measure FF 12,750,000 - - - 12,750,000 165 Fair Elections 505,002 - - - 505, 002 302 Operating Grants - State 292,181 - 5,000,000 5,000,000 5,292,181 305 Capital Grants - Federal 7,062,518 - - - 7,062,518 306 Capital Grants - State 2,836,204 - 615,130 615,130 3,451,334 307 Capital Grants - Local 639,254 - 841,000 841,000 1,480,254 309 OTS DUI Enforcement Education Prg. 311,245 - - - 311, 245 310 HUD/Home 835,218 - - - 835,218 311 ESGP 4,117,298 678,819 - 678,819 4,796,117 312 Health (General) 4,001,104 4,382 53,394 57,777 4,058,880 313 Target Case Management Linkages 919,016 - 4,000 4,000 923,016 314 Alameda County Tay Tip 35,812 - - - 35, 812

SUMMARY OF APPROPRIATIONS BY FUND
22AAO#2 Working Docs Rev Final.xlsx

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EXHIBIT A
2nd AAO
FY 2022 Other Total FY 2022
ERMA
Fund # Fund
Revised #1 Reappropriations Adjustments Amend. Revised #2

SUMMARY OF APPROPRIATIONS BY FUND
315 Mental Health Service Act 12,074,902 - 5, 034,428 5, 034,428 17, 109,330 316 Health (Short/Doyle) 5,043,891 - - - 5,043,891 317 EPSDT Expansion Proposal 389,139 - - - 389,139 318 Alcoholic Bev Ctr OTS/UC 125,244 - - - 125, 244 319 Youth Lunch 354,536 - - - 354,536 320 Sr. Nutrition Title III 107,003 - 10,799 10,799 117,802 321 CFP Title X 180,790 - 50,000 50,000 230,790 324 BUSD Grant 362,343 - - - 362,343 325 Vector Control 348,745 - - - 348,745 326 Alameda County Grants 631,318 - 13,600 13,600 644,918 327 Senior Supportive Social Services 64,339 - 6,000 6,000 70,339 328 Family Care Support Program 75,212 - 10,828 10,828 86,040 329 CA Integrated Waste Management 20,640 - - - 20,640 331 Housing Mitigation 1,126,763 - - - 1,126,763 333 CALHOME 363,100 - - - 363,100 334 Community Action 533,722 - - - 533,722 336 One-Time Grant: No Cap Exp 7,883,266 - 8, 112,046 8, 112,046 15, 995,312 338 Bay Area Air Quality Management 60,000 - 117,000 117,000 177,000 339 MTC 540,134 - 349,000 349,000 889,134 340 FEMA 804,697 - 168,272 168,272 972,969 341 Alameda Cty Waste Mgt. 285,000 - - - 285,000 343 State Dept Conserv/Recylg 28,000 - 60,710 60,710 88,710 344 Caltrans Grant 752,612 465,152 75,138 540,290 1,292,902 345 Meas WW - Park Bond - Grant 1,220 - - - 1,220 346 Caltrans Safe Routes 2 Schools 9,757 - - - 9,757 347 Shelter+Care HUD 6,271,483 - - - 6, 271,483 348 Shelter+Care County 855,792 - - - 855, 792 349 JAG Grant 52,500 - - - 52,500 350 Bioterrorism Grant 598,920 - 209, 784 209, 784 808, 704 351 UASI Regional Fund 35,703 9,192 - 9, 192 44, 895 354 ARPA - Local Fiscal Recovery Fund 46,300,355 - - - 46, 300,355 501 Capital Improvement Fund 17,500,834 267,707 231,148 498,855 17,999,689 502 Phone System Replacement 452,916 - - - 452,916 503 FUND$ Replacement 5,608,470 - - - 5,608,470 504 PEG-Public, Education & Government 100,000 - - - 100,000 506 Meas M - Street and Watershed Imprv 30,335 - - - 30,335 511 Measure T1 - Infra & Facil. 20,433,950 853,735 585,000 1,438,735 21,872,685 512 Measure O 22,115,110 - 5,452,871 5,452,871 27,567,981 552 09 Measure FF Debt Service 1,343,638 - - - 1,343,638 553 2015 GORBS 2,051,966 - - - 2,051,966 554 2012 Lease Revenue Bonds BJPFA 502,238 - - - 502,238 555 2015 GORBS - 2002 G.O. Refunding Bonds 379,561 - - - 379, 561 556 2015 GORBS (2007, Series A) 142,865 - - - 142, 865 557 2015 GORBS (2008 Measure I) 481,286 - - - 481, 286 558 2010 COP (Animal Shelter) 406,991 - - - 406, 991 559 Measure M GO Street & Water Imps 740,738 - - - 740, 738 560 Infrastucture & Facilities Measure T1 1,731,181 - - - 1, 731,181 561 Measure O - Housing Bonds 2,023,940 - - - 2,023,940 601 Zero Waste 51,371,398 - 2,129,991 2,129,991 53,501,389 606 Mar -Coastal Conservancy 7,868 - - - 7,868 607 Mar - Dept of Boating & Waterway 93,460 - 62,000 62,000 155,460 608 Marina Operation 12,151,035 - 440,579 440,579 12,591,614 611 Sewer 44,890,262 2,269,671 214,643 2,484,314 47,374,576 612 Private Sewer Lateral FD 193,658 - - - 193,658 616 Clean Storm Water 5,895,328 - - - 5,895,328 621 Permit Service Center 22,961,785 - - - 22,961,785 622 Unified Program (CUPA) 828,769 - 50,000 50,000 878,769 627 Off Street Parking 7,304,672 - - - 7,304,672 631 Parking Meter 10,645,212 - - - 10,645,212 636 Building Purchases and Management 3,481,724 - - - 3,481,724 671 Equipment Replacement 16,510,385 - 345,188 345,188 16,855,573 672 Equipment Maintenance 9,990,781 - - - 9,990,781 673 Bui
lding Maintenance Fund 4,686,074 - - - 4,686,074 674 Central Services 388,107 - - - 388,107 676 Workers Compensation 6,706,769 - - - 6,706,769 678 Public Liability 4,212,789 - - - 4,212,789 680 Information Technology 16,937,191 - - - 16, 937,191 22AAO#2 Working Docs Rev Final.xlsx

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EXHIBIT A
2nd AAO
FY 2022 Other Total FY 2022
ERMA
Fund # Fund
Revised #1 Reappropriations Adjustments Amend. Revised #2

SUMMARY OF APPROPRIATIONS BY FUND
762 Successor Agency - Savo DSF 57,120 - - - 57, 120 776 Thousand Oaks Underground 98,448 - - - 98, 448 777 Measure H - School Tax 500,002 - - - 500,002 778 Measure Q - CFD#1 Dis. Fire Protect Bond 2,078,385 - - - 2,078,385 779 Spl Tax Bds. CFD#1 ML-ROOS 2,823,820 - - - 2, 823,820 781 Berkeley Tourism BID 208,771 - 456, 165 456, 165 664, 936 782 Elmwood Business Improvement District 62,389 - - - 62, 389 783 Solano Ave BID 32,809 - - - 32,809 784 Telegraph Avenue Bus. Imp. District 761,808 - - - 761,808 785 North Shattuck BID 321,335 - - - 321,335 786 Downtown Berkeley Prop & Improv. District 1,509,001 - - - 1,509,001 801 Rent Board 6,862,718 - - - 6,862,718 GROSS EXPENDITURE: 852,116,502 4,767,283 48,388,623 53,155,906 905,272,407

Dual Appropriations (75,174,972) - (9,430,634) (9,430,634) (84,605,606) Revolving & Internal Service Funds (60,393,936) - (345,188) (345,188) (60,739,124)

NET EXPENDITURE: 716,547,594 4,767,283 38, 612,801 43, 380,083 759, 927,677 22AAO#2 Working Docs Rev Final.xlsx

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FY 2022 Annual Appropriations Ordinance Amendment #2 Recommendations Attachment 2 Item # Fund # Fund Name Department Recommended
Carryover
Recommended
Adjustment
Project Number Description/Project
name
Mandated by
Law
Authorized
by Council
City Manager
Request
Comments/Justification
1 011 General Fund City Manager's Office $37,260 Shelter Generator X The division has pursued the purchase and installation of an emergency generator for the
past couple years, but was unable to procure
alternate funding. The generator is crucial for
maintaining electricity in the event of a public
safety power shutoff, and will allow the
shelter to maintain refrigeration for deceased
animals, veterinary medicine, and other
crucial electrical functions for the essential
service.
2 011 General Fund City Manager's Office $445,129 Visit Berkeley Contract X Appropriate additional funds for the Visit Berkeley contract based on additional
Transient Occupancy Tax revenues received
in FY 2022.
3 011 General Fund City Manager's Office $80,000 Recruitments for HR Director and IT Director
X Appropriate funds for professional executive
recruitment services to fill the vacant Director
of Human Resources and Director of
Information Technology positions
4 011 General Fund City Manager's
Office/HHCS
$39,085 Berkeley Relief Fund X Accept a $39,085 payment from the East Bay Community Foundation of funds raised by the
Berkeley Relief Fund and authorize the City
Manager to allocate these funds to the
following: $10,000 to the Starry Plough Pub
and Music Venue and $18,142.38 to the
Eviction Defense Center for the Housing
Retention Program. Approved by Council on
12/14/21 through Resolution 70,167-N.S.
5 011 General Fund Fire $73,068 Ground Emergency
Medical Transport
Program
X Appropriate funding to the State of California
for overpayments for the Ground Emergency
Medical Transport program in FY 2011 & FY
2014
6 011 General Fund Fire $250,000 Fire Department
Training Academy
X Appropriate funding for the Fire Department
Training Academy
7 011 General Fund HHCS $992 HHPGHB2201 Healthy Berkeley X Appropriate fund from the Sugar Sweetened Beverage Grant to support environmental
strategies. Approved by Council on
5/25/2021 through Resolution No. 69,904-
N.S.
8 011 General Fund HHCS $250,000 Health Equity
Consultant
X Approve funding for Health Equity Consultant
Council Referral after staff learned this item
cannot be funded through the American
Rescue Plan

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FY 2022 Annual Appropriations Ordinance Amendment #2 Recommendations Attachment 2 Item # Fund # Fund Name Department Recommended
Carryover
Recommended
Adjustment
Project Number Description/Project
name
Mandated by
Law
Authorized
by Council
City Manager
Request
Comments/Justification
9 011 General Fund Mayor & Council $1,500,000 Pilot Existing Building Electrification
Installation Incentives
and Just Transition
Program
X Appropriate funding for a Council Budget
Referral and Resolution by Vice Mayor
Harrison and Councilmember Bartlett for
Establishing a Pilot Existing Building
Electrification Installation Incentives and Just
Transition Program with Pre-Qualified
Contractors Meeting Minimum Labor
Standards to Assist New Property Owners,
Renters and Existing Property Owners with
Transition to Zero-Carbon Buildings
10 011 General Fund Non-Departmental $4,110,918 Allocation to Reserves X FY 2021 Allocation to Stability Reserve Fund ($2,261,005) and to Catastrophic Reserve
Fund ($1,849,913). Approved by Council on
12-14-21 with Mayor's Budget
Recommendations
11 011 General Fund Parks, Recreation,
and Waterfront
$150,000 PRWPK22005
and
PRWPK22011
West Campus Pool
Project and King Pool
Project
X Appropriate additional funding for the West
Campus Pool and King Pool projects as bids
came out higher than estimate.
12 011 General Fund Public Works $20,000 Staff Augmentation for the Shared Electric
Mobility Program
X Staff augmentation to coordinate Shared
Electric Micromobility Permit Program and
handle public outreach and engagement
using revenue deposited in the General Fund
from Shared Electric Micromobility Permit
Program payments
011 Total $0 $6,956,452
13 016 Measure U1 HHCS $250,000 Eviction Defense
Center
X FY 2022 funding for Eviction Defense Center
Housing Retention Program. Approved by
Council on 6/29/21 through Resolution
69,945-N.S.
016 Total $0 $250,000
14 017 Climate Equity Action Planning $600,000 Pilot Climate Equity Action program
X Establish a Pilot Climate Equity Action Fund
to Assist Low-Income Residents with
Transition to Zero-Carbon Transportation and
Buildings
017 Total $0 $600,000
15 099 Catastrophic Reserve Non-Departmental $2,700,000 Transfer to Playground Camp Fund
X Transfer to Playground Camp Fund for
Berkeley Tuolumne Camp Rebuild.

Approved by Council on 4/4/17 through
Resolution No. 67,889 - N.S.
099 Total $0 $2,700,000
16 107 Special Tax (Measure E) HHCS $100,000 Consulting Services for Easy Does It
X Use Measure E reserve funds to procure a
consultant and enter into any agreements to
provide Easy Does It (EDI) with operational,
management, and organizational culture
consulting services for an amount not to
exceed $100,000 to ensure initial and
sustained implementation of audit findings.

Approved by Council on 9/10/19 through
Resolution 69,077-N.S.
107 Total $0 $100,000
17 111 Fund Raising Activities HHCS $54,167 Meals on Wheels Agency Donations
X Donation for the Berkeley Meals on Wheels
program to support the operations of the
program
111 Total $0 $54,167

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FY 2022 Annual Appropriations Ordinance Amendment #2 Recommendations Attachment 2 Item # Fund # Fund Name Department Recommended
Carryover
Recommended
Adjustment
Project Number Description/Project
name
Mandated by
Law
Authorized
by Council
City Manager
Request
Comments/Justification
18 113 Gilman Sports Field Non-Departmental $25,000 Gilman Sports Fund X Transfer to Turf Replacement Fund from the Sports field operating fund.
113 Total $0 $25,000
19 125 Playground Camp Parks, Recreation,
and Waterfront
$728,300 PRWCP19001
and
PRWCP22001
BTC Construction
Management and BTC
Start-up Costs
X Appropriate funding for continuation of the
Berkeley Tuolumne Camp project
20 125 Playground Camp Parks, Recreation,
and Waterfront
$10,000 PRWEM16004 Cazadero Camp
Landslide
X Funds for City of Berkeley permit fees for
Cazadero Camp
21 125 Playground Camp Parks, Recreation,
and Waterfront
$4,755 PRWEM16004 Cazadero Camp
Landslide
X Appropriate fund for Cazadero Camp Jensen
Dorm Project need for Hazard Testing at the
Pool Dormitory.
22 125 Playground Camp Parks, Recreation,
and Waterfront
$10,000 Donation for Echo Lake
Camp Youth
Scholarships
X Appropriate donation funding from the
Berkeley Echo Lake Camp Association for
the Echo Lake Camp youth scholarships
125 Total $0 $753,055
23 126 Prop 172 Police $500,000 DNA forensic services X Add funding to the SERI contract for DNA forensic services
126 Total $0 $500,000
24 127 State Transportation Tax Public Works $389,397 PWENST2001 Street Rehab FY2020 X Appropriate fund to pay for outstanding invoices for FY 2020 Street Rehab project
25 127 State Transportation Tax Public Works $50,000 BSK On-Call Site Assmt/Consult
X Appropriate funding to pay for the BSK On-
call Site Assessment consultant
127 Total $0 $439,397
26 128 CDBG HHCS $1,232,491 CDBG Multi-Family
Housing Rehab
Allocations
X Funding for the Rosewood Manor Multi-
Family Housing Rehab project. Approved by
Council through Resolutions 69,719-N.S. on
2/9/21 and 69,830-N.S. on 4/27/21
128 Total $0 $1,232,491
27 129 RHSP Planning $25,000 Insurance Deduction
for Vehicle #9127
X Appropriate funding to pay for the insurance
deduction of vehicle #9127
129 Total $0 $25,000
28 130 Measure B - Local Streets
and Roads
Public Works $150,000 Ravo Sweeper X Carryover of fund for the Ravo Narrow Sweeper
130 Total $150,000 $0
29 133 Meas F-Vehicle
Registration Fees
Public Works $50,000 PWTRBP2208 Bicycle Parking Project X Reso #69,709-N.S. Local match to Alameda CTC Agreement #A21-0028 fully executed on
07/23/21.
133 Total $0 $50,000
30 134 Measure BB - Local
Streets and Road
Public Works $337,163 PWENSW2002 Sidewalk Shaving X Appropriate fund for Trip Stop Sidewalk Repair contract amendment for FY20
Sidewalk Inspection and Shaving Services.

Approved by Council on 04/27/2021 through
Resolution No. 69,822-N.S.
31 134 Measure BB - Local
Streets and Road
Public Works $53,285 PWTRBP2203 Parker Street to
Addison Bikeway
X Appropriate funds for the Parker Street to
Addison Bikeways project
32 134 Measure BB - Local
Streets and Road
Public Works $53,285 PWTRBP2203 Parker St to Addison
Bikeway
X Appropriate funds for the Parker Street to
Addison Bikeways project
33 134 Measure BB - Local
Streets and Road
Public Works $550,000 PWTRCS2001 Southside Complete
Streets
X Budget increase to cover more complex
design for Telegraph curbless street concept
approved by City Council in Feb 2022

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TRAFFIC SIGNAL
X Appropriate funding for the construction of
the 7th/Anthony Traffic Signal project
41 134 Measure BB - Local
Streets and Road
Public Works $250,000 PWTRPL2202 BeST Plan Update X Appropriate funds for the Berkeley Strategic Transportation Plan Update project
42 134 Measure BB - Local
Streets and Road
Public Works $56,713 PWTRTC1902 Dwight & CA Inter-
section Improvements
X Appropriate funding for the continuation of
the Dwight & California Intersection
Improvements
43 134 Measure BB - Local
Streets and Road
Public Works $22,000 PWTRTC2201 Washington
Elementary Safe
Routes to School (mini-
grant project; design
phase)
X Reso #69,709-N.S. Local match to Alameda
CTC Agreement #A22-0009 fully executed on
12/13/21.
134 Total $0 $2,729,527
44 135 Measure BB - Bike &
Pedestrian
Public Works $35,765 PWTRBP1802 Milvia Bikeway Project X Appropriate funding for the continuation of the Milvia Bikeway Project
45 135 Measure BB - Bike &
Pedestrian
Public Works $61,909 PWTRBP2201 Martin Luther King Jr.

Way Vision Zero Quick
Build
X Appropriate funds for the design and install
quick-build pedestrian and bicycle crossing
safety improvements between Dwight Way
and Russell Street
46 135 Measure BB - Bike &
Pedestrian
Public Works $166,210 PWTRBP2202 South Sacramento
Street Pedestrian
Improvements
X Appropriate funds for the South Sacramento
Street Pedestrian Improvements project
47 135 Measure BB - Bike &
Pedestrian
Public Works $48,950 PWTRBP2204 Ohlone Greenway
Modernization & Safety
X Appropriate funds for the Ohlone Greenway
Modernization & Safety Project (Santa Fe
Ave. to Franklin St.)
48 135 Measure BB - Bike &
Pedestrian
Public Works $20,000 Active Transportation
Program Grant
Applications
X Consultant support to complete complex
grant applications under this very competitive
program
135 Total $0 $332,834

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PLAN FUNDING
X Carryover FY 2021 project funding for project
hourly staffing cost in FY 2022.
51 138 Parks Tax Parks, Recreation,
and Waterfront
$16,720 PRWPK22004 PY 2022 Parks Minor
Maintenance
X Appropriate fund for picnic table and tree
planting at Strawberry Creek Park. Funding
comes from Rorick Trust for this project.
52 138 Parks Tax Parks, Recreation,
and Waterfront
$5,700 Parks and Marina
Memorial Benches
X Appropriate fund for Parks and Marina
Memorial benches
53 138 Parks Tax Parks, Recreation,
and Waterfront
$26,566 FY 2022 Parks Minor
MTC
X Appropriate fund for the FY 2022 JPA
contribution/payment
54 138 Parks Tax Parks, Recreation,
and Waterfront
$15,000 FY 2022 JPA
contribution
X Appropriate fund for the FY 2022 AP dog run
fence
55 138 Parks Tax Parks, Recreation,
and Waterfront
$235,000 Increase in EBMUD
and Refuse cost
X Appropriate funding to increase cost in
utilities (water and refuse)
138 Total $22,253 $298,986
56 140 Measure GG Fire $600,000 Fire Overtime X Appropriate additional funds for projected Fire overtime costs in FY 2022
140 Total $0 $600,000
57 157 Tobacco Control HHCS $46,371 HHPLLA2101 Tobacco Prevention X Carryover of fund to support the Tobacco Prevention program
157 Total $46,371 $0
58 302 Operating Grants - State HHCS $5,000,000 Local Housing Trust Fund Grant
X Approve funding from State of California
Department of Housing & Community
Services Local Housing Trust Fund for Blake
Street (2527 San Pablo) and Maudelle Miller
Shirek (2001 Ashby) projects. Both projects
will receive $2.5 million. Approved by
Council on 7/14/20 through Resolution No.
69,494-N.S.
302 Total $0 $5,000,000
59 306 Capital Grants - State Public Works $351,700 PWTRBP2201 Martin Luther King Jr.

Way Vision Zero Quick
Build
X Appropriate funds for the design and install
quick-build pedestrian and bicycle crossing
safety improvements between Dwight Way
and Russell Street
60 306 Capital Grants - State Public Works $131,715 PWTRBP2203 Parker Street to Addison Bikeway
X Appropriate funds for the Parker Street to
Addison Bikeways project
61 306 Capital Grants - State Public Works $131,715 PWTRCS2203 University West Bus Stops
X Appropriate funds for the University West
Bus Stops project
306 Total $0 $615,130
62 307 Capital Grants - Local Public Works $214,000 PWTRBP2204 Ohlone Greenway Modernization & Safety
X Appropriate funds for the Ohlone Greenway
Modernization & Safety Project (Santa Fe
Ave. to Franklin St.)
63 307 Capital Grants - Local Public Works $110,000 PWTRCS2204 Telegraph Avenue Multimodal Corridor
(planning, preliminary
engineering phase)
X Reso #69,709-N.S. Alameda CTC
Agreement #A22-0023 fully executed on
12/13/21.
64 307 Capital Grants - Local Public Works $495,000 PWTRCT2201 Adeline Street Transportation
Improvements
(preliminary
engineering phase)
X Reso #69,709-N.S. Alameda CTC
Agreement #A22-0025 fully executed on
12/13/21.

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BALANCE
X Appropriate fund from the Emergency
Solutions Grant for housing services.

Approved by Council on 9/15/2020 through
Resolution No. 69,563-N.S.
311 Total $678,819 $0
67 312 Health (General) HHCS $6,413 HHPLPP2201 CHDP Lead Prevention Program
X Revise grant budget to match approved
amount
68 312 Health (General) HHCS $46,981 HHPMCA2201 Maternal Child And Adolescent Health
X Revise grant budget to match approved
amount
69 312 Health (General) HHCS $4,382 HHPORL2201 Oral Health Program X Carryover of fund for continuance of the Oral Health program
312 Total $4,382 $53,394
70 313 Targeted Case
Management/Linkages
HHCS $4,000 HHPTCM2201 TCM Grant X Appropriate TCM grant balance to provide Public Health Services
313 Total $0 $4,000
71 315 Mental Health Service Act HHCS $150,000 HHMAAS2201 MHSA-African American Success
Program
X FY22 MHSA Approved Plan
72 315 Mental Health Service Act HHCS $582,000 HHMCD22201 MHSA- COMMUNITY

SERVICES AND

SUPPORTS (CSS)

DEVELOPMENT
X FY22 MHSA Approved Plan
73 315 Mental Health Service Act HHCS $61,428 HHMCMC2201 MHSA-Covenant House Contract
X FY22 MHSA Approved Plan
74 315 Mental Health Service Act HHCS $916,731 HHMCSA2201 MHSA-CSS Admin X Funds for contract amendment with Berkeley Food & Housing Project for Berkeley Mental
Health Flexible Funding Programs and
Russell Street Residence
75 315 Mental Health Service Act HHCS $15,149 HHMCSA2201 MHSA-CSS Admin X FY22 MHSA Approved Plan 76 315 Mental Health Service Act HHCS $554,494 HHMCSD2201 MHSA CSS Development-General
X FY22 MHSA Approved Plan
77 315 Mental Health Service Act HHCS $63,050 HHMCSD2201 MHSA CSS Development-General
X FY22 MHSA Approved Plan
78 315 Mental Health Service Act HHCS $349,400 HHMHFP2201 MHSA Homeless Full Service Partnership
X FY22 MHSA Approved Plan
79 315 Mental Health Service Act HHCS $220,800 HHMINN2201 MHSA Innovation- Results Based
Accountability Contract
X FY22 MHSA Approved Plan
80 315 Mental Health Service Act HHCS $50,000 HHMITC2201 MHSA Technology Suite
X FY22 MHSA Approved Plan
81 315 Mental Health Service Act HHCS $215,800 HHMMCM2201 Medi-Cal CALMHSA Help@Hand and
Claremont EAP
Contracts/PEI
Statewide Contract
X FY22 Medi-Cal Unbudgeted Contracts

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FY 2022 Annual Appropriations Ordinance Amendment #2 Recommendations Attachment 2 Item # Fund # Fund Name Department Recommended
Carryover
Recommended
Adjustment
Project Number Description/Project
name
Mandated by
Law
Authorized
by Council
City Manager
Request
Comments/Justification
82 315 Mental Health Service Act HHCS $103,956 HHMPAD2201 MHSA PEI Admin- Mental Heal Promotion
Campaign
X FY22 MHSA Approved Plan
83 315 Mental Health Service Act HHCS $388,156 HHMPCE2201 MHSA PEI Community Education and
Supports
X FY22 MHSA Approved Plan
84 315 Mental Health Service Act HHCS $95,000 HHMPDM2201 MHSA PEI Dynamic Mindfulness
X FY22 Approved Plan
85 315 Mental Health Service Act HHCS $35,230 HHMPHO2101 MHSA PEI Homeless Outreach
X FY22 Approved Plan
86 315 Mental Health Service Act HHCS $110,000 HHMPSS2201 MHSA PEI Supportive School Program
X FY22 MHSA Approved Plan
87 315 Mental Health Service Act HHCS $550,987 HHMROM2201 Mental Health State Aid Realignment-MH
Project Needs
X FY22 Unbudgeted Projects-Realignment
Fund Balance
88 315 Mental Health Service Act HHCS $491,933 HHMWEL2201 MHSA-CSS Development Wellness
X Appropriate Fund for the MHSA Wellness
Center Operations Contract with Alameda
County Behavioral Services approved by
Council on 09/28/2021 through Resolution
No. 70,038-N.S.
89 315 Mental Health Service Act HHCS $80,314 HHMWET2201 MHSA WET-CalMHSA Bay Area Regional
Partnership Contract
X FY22 Approved Plan
315 Total $0 $5,034,428
90 320 SR. NUTRITION (TITLE
III)
HHCS $723 HHACON2201 AG C1 CONGREGATE X Appropriate additional grant funding for Congregate Nutrition program
91 320 SR. NUTRITION (TITLE
III)
HHCS $10,076 HHAMOW2201 AG Meals on Wheels X Appropriate additional grant funding for Home Delivered Nutrition program
320 Total $0 $10,799
92 321 C.F.P. Title X HHCS $20,000 Clinical Reproductive Health Services and
Education
X Appropriate funding for the Title X grant fund
(awarded $20k) for reproductive health
services and education program
93 321 C.F.P. Title X HHCS $30,000 Supplemental Title X Funding
X Appropriate fund for supplemental Title X
funding for the program period 10/1/2021 to
03/31/2022. Approved by Council on
05/11/2021 through Resolution No. 69,842-
N.S.
321 Total $0 $50,000
94 326 Alameda County Grants HHCS $13,600 BHSHC-ALCO
Alameda Count Grant
Increase
X Revise grant budget to match approved
amount
326 Total $0 $13,600
95 327 SR SUPPORTIVE

SOCIAL SERV
HHCS $6,000 HHAINA2201 INFORMATION &

ASSISTANCE

X ONE-TIME-ONLY INCREASE PROJECTION
327 Total $0 $6,000
96 328 Family Care Support
Program
HHCS $3,828 HHACAR2201 AG Family Caregiver X Revise grant budget to match approved amount
97 328 Family Care Support
Program
HHCS $7,000 HHACAR2201 FAMILY CAREGIVER X ONE-TIME-ONLY INCREASE PROJECTION 328 Total $0 $10,828
98 336 One Time Grant City Manager's Office $10,525 Grant from the William and Flora Hewlett
Foundation
X Appropriate funding to receive a grant award
from William and Flora Hewlett Foundation.

Authorized by Council on 09/28/2021 through
Resolution No. 70,033-N.S.

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CONSUMER ED &

RESEARCH
X One-time funding from the DOJ
107 336 One Time Grant HHCS $55,463 Provider Relief CARES Act Funding
X Appropriate Federal COVID-19 Funding from
HHS Cares Act Provider Relief Fund.

Approved by Council on 12-15-20 through
Resolution No. 69,653-N.S.
108 336 One Time Grant HHCS $48,994 Kitchen Electrification - Aging Services
X Appropriate Fund for the Eastbay Community
Energy Grant for the period of 2/1/21 -
12/31/21.
109 336 One Time Grant Parks, Recreation,
and Waterfront
$300,000 PRWPK21012 Santa Fe Right of Way X Appropriate Proposition 68 Funds for Santa Fe Right-of-Way project
336 Total $0 $8,112,046
110 338 Bay Area Air Quality
Management District
Public Works $117,000 PWTRBP2208 Bicycle Parking Project X Reso #69,709-N.S. Alameda CTC Agreement #A21-0028 fully executed on
07/23/21.
338 Total $0 $117,000
111 339 MTC Public Works $250,000 PWTRBP2206 West Berkeley Quick Build
X Allocate MTC Funds for the West Berkeley
Quick Build project.
112 339 MTC Public Works $75,000 PWTRBP2207 Bicycle Plan X Allocate MTC Funds for the Bicycle Plan project.
113 339 MTC Public Works $24,000 PWTRPK1401 Intern for goBerkeley X Appropriate funding for an intern for the goBerkeley program

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FY 2022 Annual Appropriations Ordinance Amendment #2 Recommendations Attachment 2 Item # Fund # Fund Name Department Recommended
Carryover
Recommended
Adjustment
Project Number Description/Project
name
Mandated by
Law
Authorized
by Council
City Manager
Request
Comments/Justification
339 Total $0 $349,000
114 340 FEMA Fire $168,272 FEMA Grant X Appropriate grant funding from FEMA for Regional Fire Leadership Development
Academy. Authorized by Council on 9/28/21
through Resolution No. 70,035-N.S.
340 Total $0 $168,272
115 343 State Dept
Conserv/Recylg
Public Works $60,710 Residential Recycling
Curbside Collections
X Appropriate funding for the residential
recycling curbside collection program
343 Total $0 $60,710
116 344 Caltrans Grant Public Works $465,152 $75,138 PWTRCT1803 NB BART/Sacramento Street Complete
Streets
X Funding needed to finish construction phase
of project and spend down grant fund
344 Total $465,152 $75,138
117 350 Bio-Terrorism Grant HHCS $173,537 HHPHEP2201 Public Health Emergency
Preparedness
X Revise grant budget to match approved
amount
118 350 Bio-Terrorism Grant HHCS $8,000 HHPHEP2201 PHEP Base FY22 Budget
X FY22 Approved Budget Increase
119 350 Bio-Terrorism Grant HHCS $25,674 PHEP CRI FY22
Budget
X FY22 Amended Budget
120 350 Bio-Terrorism Grant HHCS $2,573 PHEP Pan Flu FY22 Budget
X FY22 Amended Budget
350 Total $0 $209,784
121 351 UASI Regional Fund Fire & Emergency
Srvcs
$9,192 Fire BACM X Carryover of UASI grant funding
351 Total $9,192 $0
122 501 Capital Improvement HHCS $1,885 Housing Trust Fund - General Fund
X Appropriate Housing Trust Fund - GF for
remaining RCD Contract#32100084, and
Satellite Affordable Housing
Contract#32100085. Approved by Council on
07/28/20 through Res. No. 69,513-N.S.
123 501 Capital Improvement Public Works $4,643 PWENBM2004 MHS Wall Repair - 2636-2640 MLK
X Appropriate fund to repair wall at MHS 2636
MLK (substantial damage)
124 501 Capital Improvement Public Works $27,237 PWENBM2103 FS #7 Fire Alarm Control Panel
Replacement
X Carryover funding for Fire Station#7 Fire
Alarm Control Panel Replacement project.
125 501 Capital Improvement Public Works $13,070 PWENCB2104 Corp Yard Mezzanine X Carryover funding to continue the Corp yard electrical warehouse mezzanine seismic
upgrade project
126 501 Capital Improvement Public Works $132,311 PWENSR1542 Sewer Laterals & CCTV
X On-going rehabilitation of city-owned sewer
laterals
127 501 Capital Improvement Public Works $32,400 PWENSW2004 Pathways FY 2020 X Carryover funding to continue the Pathways FY 2020 project
128 501 Capital Improvement Public Works $42,309 PWTRCT0918 Ashby/San Pablo Traffic Improvement
X Appropriate fund for Ashby/San Pablo Traffic
improvement project (widening the WB
Approach)
129 501 Capital Improvement Public Works $50,000 FY 2022 Annual Sidewalk Grinding
allocation
X Appropriate the annual CIP fund sidewalk
program allocation for grinding
130 501 Capital Improvement Public Works $195,000 ADA Curb Ramp maintenance &
replacement
X To carryover the FY 2021 Annual ADA curb
ramp maintenance/ replacement budget
501 Total $267,707 $231,148

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TELEGRAPH/CHANNI

NG GRGE&RI
X Carryover of fund to continue the garage
project
136 511 Measure T1 Public Works $100,000 PWT1CB2208 EMERG POWER

SUPPLY SOLAR

BATTERIES
X Carryover of fund to continue the Emergency
Power Supply Solar Batteries project
137 511 Measure T1 Public Works $85,000 PWT1CB2209 PW CY IMPROV

GREEN BLDG
X Appropriate funding for the PW CorpYard
Improvement Green Building project
511 Total $853,735 $585,000
138 512 Measure O HSG HHCS $5,452,871 Ashby Maudelle Miller Shirek Community
(2001 Ashby)
X Appropriate balance of Measure O funding for
the Maudelle Miller Shirek Community project
(2001 Ashby)
512 Total $0 $5,452,871
139 601 Zero Waste Public Works $1,346,627 Ecology Center Contract
X Appropriate funding for the new Ecology
Center contract for residential curbside
recycling
140 601 Zero Waste Public Works $34,158 Vehicle Replacement Shortfall
X Appropriate funding for the shortfall to the
vehicle replacement payments
141 601 Zero Waste Public Works $281,857 Vehicle Replacement Shortfall
X Appropriate funding for the shortfall to the
vehicle replacement payments
142 601 Zero Waste Public Works $202,391 Vehicle Replacement Shortfall
X Appropriate funding for the shortfall to the
vehicle replacement payments
143 601 Zero Waste Public Works $73,128 Vehicle Replacement Shortfall
X Appropriate funding for the shortfall to the
vehicle replacement payments
144 601 Zero Waste Public Works $139,379 Vehicle Replacement Shortfall
X Appropriate funding for the shortfall to the
vehicle replacement payments
145 601 Zero Waste Public Works $52,451 Vehicle Replacement Shortfall
X Appropriate funding for the shortfall to the
vehicle replacement payments
601 Total $0 $2,129,991
146 607 Mar - Dept. of Boating &
Waterway
Parks, Recreation,
and Waterfront
$42,000 PRWWF22005 DBW 2021 SAVE
Grant
X Appropriate funding for DBW 2021 SAVE
grant program. Approved by Council on
05/21/2021 through Res. No. 69,876-N.S.
147 607 Mar - Dept. of Boating &
Waterway
Parks, Recreation,
and Waterfront
$20,000 PRWWF22010 DBW Boating Safety
and Enforcement
Equipment (BSEE)
Grant
X This is for the purchase and replacement of
equipment related to boating safety located at
the Berkeley Marina. There is no cost share
requirement for this grant. Approved by
Council on 10-26-21 through Resolution No.
70,087-N.S.
607 Total $0 $62,000
148 608 Marina Operations/Maint Parks, Recreation,
and Waterfront
$4,200 PRWWF22005 DBW 2021 SAVE
Grant
X Appropriate funding for DBW 2021 SAVE
grant program. Approved by Council on
05/21/2021 through Res. No. 69,876-N.S.

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Approved by Council on 9/28/21 through
Resolution No. 70,042 - N.S.
608 Total $0 $440,579
155 611 Sanitary Sewer Public Works $204,202 $33,870 PWENSR2001 SS REHAB - SAN

PABLO AVE
X Carryover and appropriate new funding for
the continuation of the Sanitary Sewer
Rehabilitation San Pablo Ave
156 611 Sanitary Sewer Public Works $2,065,469 $180,773 PWENSR2102 SS REHAB MLK JR

WAY CEDAR ET AL
X Carryover and appropriate new funding for
the continuation of the Sanitary Sewer
Rehabilitation MLK Jr Way Et Al project
611 Total $2,269,671 $214,643
157 622 Unified Program (CUPA) Planning $50,000 CUPA Software X Toxics Replacement Software 622 Total $0 $50,000
158 671 Equipment Replacement Public Works $345,188 Overhaul of #6505 Wheel Loader
X Overhaul was paid out of Equipment
Maintenance Fund and needs to be
reimbursed
671 Total $0 $345,188
159 781 Tourism BID City Manager's Office $456,165 Tourism BID Visit Berkeley Contract
X Appropriate additional funds for the Tourism
BID Visit Berkeley Contract based on
additional revenues received in FY 2022.
781 Total $0 $456,165
Grand
Total
$4,767,283 $48,388,623

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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
May 10, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on May 10, 2022

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.

Total estimated cost of items included in this report is $964,022.34.

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and PROJECT Fund Source Amount
PW Engineering On-Call
Arborist Services
511
501
Measure T1 –
Infrastructure and
Facilities
Capital
Improvements
$250,000
Landfill Post- Closure
Monitoring and
Maintenance Services (FY
23-25)
601 Zero Waste $714,022.34
Total: $964,022.34

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Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council May 10, 2022 Approval on May 10, 2022
construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

BACKGROUND
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S., amending the City Manager’s purchasing authority for services.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Finance Department reviews all formal bid and proposal solicitations to ensure that they include provisions for compliance with the City’s environmental policies. For each contract that is subject to City Council authorization, staff will address environmental sustainability considerations in the associated staff report to City Council.

RATIONALE FOR RECOMMENDATION
Need for the services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Darryl Sweet, General Services Manager, Finance, 510-981-7329 Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled For Possible Issuance After Council Approval on May 10, 2022
a. PW Engineering On-Call Arborist Services
b. Landfill Post-Closure Monitoring and Maintenance Services (FY 23-25) Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

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NEXT 30 DAYS
DATE SUBMITTED: May 10, 2022
Attachment 1
1 of 1

SPECIFICATI
ON NO.

DESCRIPTION

OF GOODS /

SERVICES
BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX.

BID

OPENING
DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. /

DIVISION

CONTACT
NAME &
PHONE
22-11520-C PW Engineering
On-Call Arborist
Services
5/11/2022 6/12/2022 On-call services to
evaluate tree conditions
related to sidewalk and
roadway excavation work.
$250,000 over 3 years 511-54-623-674-0000-000-
431-612990- PWT1SW2201
and
501-54-623-674-0000-000-
431-612990 as needed and
available
Public Works -
Engineering
Joe Enke
981-6411
Terrence
Salonga
981-6447
22-11521-C Landfill Post-
Closure
Monitoring and
Maintenance
Services
(FY 23-25)
5/11/2022 6/12/2022 Provide engineering,
maintenance, and
monitoring services for the
landfill post-closure at
Cesar Chavez Park to
meet mandatory
compliance requirements.
$714,022.34
Not to exceed:
$714,022.34
($226,494 from FY 2023;
$237,818.70 from FY 2024;
$249,709.64 from FY 2025)
601-54-623-672-3011-472-
000-612310-
Public Works -
Engineering
Samantha
Kinstrey,
981-6337
Joe Enke,
981-6411
Dept TOTAL $964,022.34
TOTAL $964,022.34

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CONSENT CALENDAR
May 10, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Abraham Roman, Fire Chief
Subject: Purchase Order: ZOLL Medical Corporation for ECG Monitor/Defibrillators

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a Purchase Order and any amendments with ZOLL Medical Corporation for the purchase of five Advanced Life Support (ALS) ECG Monitor/Defibrillators, associated equipment and a maintenance contract for emergency response vehicles in an amount not to exceed $250,000.

FISCAL IMPACTS OF RECOMMENDATION
This is a one-time cost and is funded by Measure FF, budget code 164-72-742-837- 0000-000-423-612990.

CURRENT SITUATION AND ITS EFFECTS
The Fire Department is adding ambulances to its fleet during the Department re-design and implementation of the single function transport service. Each ambulance is required by the Alameda County Local EMS Authority (LEMSA) to carry an ECG Monitor / Defibrillator. The Department already carries ZOLL ECG’s on every piece of suppression and transport apparatus. The Department needs additional ECGs to adequately supply these new ambulances and increase the number of reserve ECGs it maintains. It is operationally necessary to have the same ECG’s on all apparatus due to the complexity and proprietary design and features of this type of specialized equipment. Having’s dissimilar ECGs would lead to increased risk of error during high- stress emergency medical incidents.

The League of Oregon Cities (LOC) opened RFP #1935 on November 12, 2020 to procure Public Safety Medical Supplies, Equipment, and Monitors using a secure competitive RFP process evaluated based on “best value” rather than sealed bidding.

LOC works in cooperation with National Purchasing Partners “NPP” and its Government Division dba NPPGov, dba Public Safety GPO (collectively hereinafter “NPPGov”), to service the LOC and NPPGov membership. The published Request for Proposal (RFP) contained provisions that permitted all members of LOC and NPPGov throughout the nation to “piggy-back” off the resulting Master Price Agreement. A contract was

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Purchase Order: ZOLL Medical Corporation for ECG Monitor/Defibrillators CONSENT CALENDAR May 10, 2022

Page 2 ends

awarded to ZOLL on March 5, 2020. The City will piggyback on the League of Oregon Cities/NPPGov contract with ZOLL Medical for ECG Monitor/Defibrillators.

BACKGROUND
In 2017 the Fire Department (Department) conducted a comprehensive Request for Proposal (RFP) process and selected ZOLL Medical Corporation. On May 2, 2017 the City Council approved resolution #69-933-N.S. to execute a Purchase Order and any amendments with ZOLL Medical Corporation for the purchase and maintenance of twenty-six Advanced Life Support (ALS) ECG Monitor/Defibrillators for emergency response vehicles in an amount not to exceed $780,491.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the action requested in this report.

RATIONALE FOR RECOMMENDATION
A competitive process was conducted by the League of Oregon Cities in cooperation with National Purchasing Partners “NPP”.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Abraham Roman, Fire Chief, (510) 981-3473
Attachments:

1. Resolution

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

PURCHASE ORDER: ZOLL MEDICAL CORPORATION FOR ECG

MONITOR/DEFIBRILLATORS
WHEREAS, in 2017 the Fire Department (Department) conducted a comprehensive Request for Proposal (RFP) process and selected ZOLL Medical Corporation, and WHEREAS, on May 2, 2017 the City Council approved resolution #69-933-N.S. to execute a Purchase Order and any amendments with ZOLL Medical Corporation for the purchase and maintenance of twenty-six Advanced Life Support (ALS) ECG Monitor/Defibrillators for emergency response vehicles, and WHEREAS, the Fire Department is adding ambulances to its fleet during the Department re-design and implementation of the single function transport service, and WHEREAS, each ambulance is required by the Alameda County Local EMS Authority (LEMSA) to carry an ECG Monitor / Defibrillator, and
WHEREAS, the League of Oregon Cities (LOC) opened RFP #1935 on November 12, 2020 to procure Public Safety Medical Supplies, Equipment, and Monitors using a secure competitive RFP process evaluated based on “best value” rather than sealed bidding, and
WHEREAS, the LOC works in cooperation with National Purchasing Partners “NPP” and its Government Division dba NPPGov, dba Public Safety GPO (collectively hereinafter “NPPGov”), to service the LOC and NPPGov membership, and WHEREAS, the published Request for Proposal (RFP) contained provisions that permitted all members of LOC and NPPGov throughout the nation to “piggy-back” off the resulting Master Price Agreement, and
WHEREAS, a contract was awarded to ZOLL on March 5, 2020.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a Purchase Order and any amendments with ZOLL Medical Corporation for the purchase of five Advanced Life Support (ALS) ECG Monitor/Defibrillators, associated equipment and a maintenance contract for emergency response vehicles in an amount not to exceed $250,000.

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Subject:

Contract: Shaw Industries, Inc. for 1900 6th Street Building Carpet Replacement Project

RECOMMENDATION
Adopt a Resolution:

1. Pursuant to City Charter Article XI Section 67.2 requirements, accepting the California Multiple Award Schedule bid procedures;

2. Approving the California Multiple Award Schedule Contract with Shaw Industries, Inc. for Carpet Replacements at the 1900 6th Street building.

3. Authorizing the City Manager or her designee to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the terms and conditions of the agreements with Shaw Industries, Inc. in an amount not to exceed $121,133, which includes a contingency of $14,552.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this carpet replacement project is available in the Fiscal Year 2022 Public Health’s Measure GG program in the following Measure GG Fire Prevention Fund GL:

FY 2022 Funding GL Code Amount
140-51-506-557-2049-000-451-612990- (FY22) $121,133
The costs for this project will enable the replacement of 9,087 square feet of flooring, which is approximately 92% of the building’s total flooring. This includes not only the material and installation, but also the demolition, disposal, adhesive, skim coat, wall base, base cove, furniture moving, moister testing, freight, and taxes associated with installation.

CURRENT SITUATION AND ITS EFFECTS
The 1900 6th Street building carpet replacement project is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

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Expenditure Contract: Shaw Industries, Inc. for 1900 6th Street Building CONSENT CALENDAR Carpet Replacement Project May 10, 2022

Page 2 ends

The carpets at the 1900 6th Street building, also known as the West Berkeley Service Center, need to be replaced. The carpets are very old and have surpassed their typical life expectancy of twenty years. Most of these carpets are so damaged that they may pose trip and fall hazards. There are numerous locations throughout the building where carpets are heavily damaged, with crushed padding, seam failures, water damage, and heavy staining throughout. Though the building is being considered for affordable senior housing in the future, it is currently the alternate Senior Center location for the soon to be finished North Berkeley Senior Center. Shortly after that, the West Berkeley Service Center will be a community-centered, family friendly facility providing Maternal, Child, Adolescent, and Family services through the Berkeley Public Health Division.

Replacement of the old carpets will greatly contribute to a safer, more welcoming environment for the community. The Public Health Division will also be designating the West Berkeley Service Center as the back-up Department Operations Center (DOC) for emergency response activities. This facility will also be used to host public presentations and events that promote emergency preparedness in the community.

Shaw Industries, Inc. was selected through the California Multiple Award Schedule (CMAS) bid procedure. This allows the City to procure a contractor that was previously selected through the State of California bidding process. All pricing, products and/or services offered to the State of California through this system are made available to the City. Making use of this process results in costs savings and expedites contractor selection. By utilizing the California Multiple Award Schedule (CMAS), the cost on this project has been substantially reduced and is less than half of previous carpet projects.

The City has also recently used CMAS and Shaw on a carpet replacement project at 2180 Milvia St. for these exact reasons.

BACKGROUND
The existing carpets in the 1900 6th Street building are over twenty years old and need replacement. This facility was used for many years as the West Berkeley Senior Center, before becoming the West Berkeley Service Center from which the Black Infant Health program and Meals on Wheels was operated. In 2019 the North Berkeley Senior Center closed for major renovations and services were relocated to the WBSC before closing because of the Covid-19 shutdown.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The proposed product meets criteria established in the specifications, which is in accordance with the sustainable resolutions and ordinance administered by the City’s Office of Energy and Sustainable Development, the City of Berkeley Revised General Plan, the City’s Climate Action Plan, and CalGreen. For example, the project will replace the existing carpet with PVC free carpet that is 100% recyclable.

RATIONALE FOR RECOMMENDATION
The carpets at 1900 6th Street are past their lifespan and due for replacement.

Contracted services are required for this project as the City does not have the in-house

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Expenditure Contract: Shaw Industries, Inc. for 1900 6th Street Building CONSENT CALENDAR Carpet Replacement Project May 10, 2022

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expertise to complete this specialized work. Shaw Industries, Inc. provided a cost- effective price, complying with the City’s carpet specifications.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered waiting even longer to replace the carpet but given the unknown timeline for alternate uses at this building staff do not recommend that approach.

CONTACT PERSON
Janice Chin, Public Health Division Manager, HHCS, 510-981-5121 Elmar Kapfer, Supervising Civil Engineer, Public Works, 510-981-6435 Attachments:
1: Resolution

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

EXPENDITURE CONTRACT: SHAW INDUSTRIES, INC FOR THE 1900 6th STREET

CARPET REPLACEMENT PROJECT
WHEREAS, the existing carpeting in the 1900 6th Street building needs replacement; and WHEREAS, The City has neither the labor nor the equipment necessary to undertake this renovation project; and
WHEREAS, City Charter Article XI Section 67.2 allows the City to purchase goods without undergoing a competitive bid process when using pricing obtained by other governmental entities and agencies, including the State of California, through a competitive process; and
WHEREAS, the California Multiple Award Schedule (CMAS) is available to state and local governments; and
WHEREAS, the California Department of General Services Procurement Division determined Shaw Industries, Inc.’s bid pricing to be fair and reasonable and awarded CMS Contract No. 4-134-72-0008C.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council of the City of Berkeley authorizes the City Manager or her designee to execute a contract and any amendments, extensions, or change orders until completion of the project in accordance with the terms and conditions of the agreement with Shaw Industries, Inc. for the carpet replacement project at the 1900 6 th Street building in an amount not to exceed $121,133 which includes a contingency of $14,552. A record signature copy of the agreement and any amendments to be on file in the office of the City Clerk.

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CONSENT CALENDAR
May 10, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Contract No. 321001100 Amendment: JotForm, Inc. for a HIPAA Compliant Platform to Support Clinical Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32100110 and any subsequent amendments or extensions with the JotForm, Inc. by adding $17,808, bringing the contract total to an amount not to exceed $55,794 and extending the end date from May 12, 2022 to May 12, 2023.

FISCAL IMPACTS OF RECOMMENDATION
The FY 2022 adopted budget includes $17,808 that can support this purchase using the following budget codes: $7,123.20 from Mental Health Realignment funds in the Mental Health Division budget and $10,684.80 from General Fund in the Public Health Division’s budget to support clinical services.

ERMA GL Amount
158-51-503-520-0000-000-451-651120- $7,123.20
011-51-506-560-0000-000-451-612990- $10,684.80
Total $17, 808.00

CURRENT SITUATION AND ITS EFFECTS
Technology services provided through this contract provide support to clinical services for clients at the Berkeley High School & Berkeley Technology Academy Health Centers. Clients use this platform to independently request confidential services for mental health, reproductive health, and sexual health services. The current proposed amendment for $17,808 will ensure that clinicians and the clinical care teams have continued access to appointment requests and data on previous requests during the next year. New clients who have used JotForm thus far say that they appreciate having an easy way to request services and are surprised how quickly the health centers are able to respond to their request and make an appointment.

JotForm is a temporary solution until the City’s Electronic Health Record (EHR) system can be updated to provide the same services. Due to resource limitations, an upgrade

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Expenditure Contract: Berkeley Free Clinic for Laboratory Services CONSENT CALENDAR May 10, 2022

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for the Electronic Health Record (EHR) system and the module that would enhance the service model in the same way as JotForm has been delayed for a year; necessitating this contract extension recommendation.

BACKGROUND
JotForm provides a HIPAA compliant server that increases clients’ access to the Health Center by providing a confidential link to request services. Service areas that clients can request an appointment for include: first aid, counseling, reproductive, and sexual health services. JotForm has been readily adopted by the adolescent population served by the Health Center.

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

RATIONALE FOR RECOMMENDATION
JotForm removes barriers for access to care for adolescent clients. Clients can request services from this platform anywhere they can access a smart device and internet. The high school health centers continue to be a resource for students who need reproductive and sexual health, first aid, and counseling services. Increasing accessibility to these services supports public health goals of improving the health and well-being of the community.

ALTERNATIVE ACTIONS CONSIDERED
Ceasing to use JotForm at this point would reduce access to health care for the high school health center population. While there would be a cost savings, reducing access to health care is not consistent with the Public Health Division’s mission to increase access, and therefore not recommended.

CONTACT PERSON
Janice Chin, Public Health Division Manager, HHCS, (510) 981-5212 Attachments:
1: Resolution

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

CONTRACT NO. 32100110 AMENDMENT: JOTFORM, INC FOR A HIPAA

COMPLIANT PLATFORM TO SUPPORT CLINICAL SERVICES
WHEREAS, Berkeley Public Health Division originally contracted with JotForm, Inc, in May 2020 for a HIPAA compliant platform for clinical support of clients at the Berkeley High School and Berkeley Technology Academy Health Centers; and WHEREAS, the Public Health Division originally identified JotForm, Inc early in the COVID-19 pandemic to fill an immediate need for a HIPAA compliant online software for COVID testing/vaccination consents, Vital Statistics appointments, and referrals for Mental Health services at the Berkeley High School Health Center; and WHEREAS, JotForm, Inc provides a HIPAA-compliant server that increases client’s accessibility to the health centers by providing a confidential link to request services pertaining to first aid needs, counseling, reproductive, and sexual health services; and WHEREAS, JotForm, Inc’s services complement those provided by the City and other community health care providers, and support public health goals of improving the health and well- being of the community; and
WHEREAS, these services are still required due to the delay in Electronic Health Record (EHR) system updates and enhancements due to resource limitations; and WHEREAS, funds are available in the Fiscal Year 2022 budget in ERMA Discretionary General Fund Accounts: 158-51-503-520-0000-000-451-651120-; 011-51-506-560- 0000-000-45-612990-.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to execute an amendment to Contract No. 32100110 and any subsequent amendments or extensions with JotForm, Inc. in an amount not to exceed $55,794 for the period May 12, 2022 through May 12, 2023 for the purpose of funding continued usage of a HIPAA compliant platform to support the clinical services for clients at the Berkeley High School & Berkeley Technology Academy Health Centers within the City of Berkeley. A record signature copy of said contract to be on file in the office of the City Clerk.

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CONSENT CALENDAR
May 10, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Meals on Wheels of Alameda County Agency Donations for the Berkeley Meals on Wheels Program

RECOMMENDATION
Adopt a Resolution accepting a $54,166.67 donation for the Berkeley Meals on Wheels Program from the Meals on Wheels of Alameda County (MOWAC) agency and authorizing acceptance of all subsequent donations received in FY 2022, to be appropriated as part of the Second Amendment to the Annual Appropriations Ordinance.

FISCAL IMPACTS OF RECOMMENDATION
The $54,166.67 donation will be deposited into the Fund Raising Activities Fund (ERMA Budget Code 111-51-505-549-2044-000-444-612990-) and will be appropriated as part of the Second Amendment to the FY 2022 Annual Appropriations Ordinance for supporting the operations of the Meals on Wheels Program (ERMA Project). This donation will support the cost of hourly personnel and operating expenses needed to provide meals to home-bound seniors by the City of Berkeley Meals on Wheels program. Subsequent donations received in FY 2022 will be deposited into the Fund Raising Activities Fund (ERMA Budget Code 111-51-505-549-2044-000-444-612990-) and will be appropriated as part of the Second Amendment to the Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
The Berkeley Meals on Wheels program contributes to the City’s Strategic Plan goal to be a customer-focused organization that provides excellent, timely, easily-accessible service to the community; particularly the older adult, homebound community. The Berkeley Meals on Wheels program provides over 60,000 nutritious meals to over 250 seniors each year.

MOWAC is a private, non-profit agency that raises funds for the six Meals on Wheels programs in Alameda County. MOWAC provides special grant funding and donations to programs to support the delivery of meals to home-bound seniors.

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Meals on Wheels of Alameda County Donations for the Berkeley CONSENT CALENDAR Meals on Wheels Program May 10, 2022

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BACKGROUND
The City of Berkeley Meals on Wheels program is funded by an annual grant contract with the Alameda County Area Agency on Aging, as well as by client and community donations and the City’s General Fund. While each Meals on Wheels program in the County is expected to support unfunded costs of the program to meet community needs, MOWAC helps programs meet additional needs by conducting its own fundraising efforts for the benefit of all programs countywide.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Berkeley Meals on Wheels program packages its meals in compostable containers to reduce landfill waste. The program also offers volunteer bicycle delivery routes.

RATIONALE FOR RECOMMENDATION
Donations received from MOWAC will provide the Berkeley Meals on Wheels program with significant financial support that can be directly applied to both personnel and operating expenses for the program.

ALTERNATIVE ACTIONS CONSIDERED
Refusing donations from MOWAC would not be consistent with the City’s Strategic Plan goals or its efforts to sustain an Age-Friendly Berkeley, and is not recommended.

CONTACT PERSON
Dina Quan, Nutrition Manager, HHCS, (510) 981-7778
Attachments:
1: Resolution

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

MEALS ON WHEELS OF ALAMEDA COUNTY DONATIONS FOR THE

BERKELEY MEALS ON WHEELS PROGRAM
WHEREAS, the Meals on Wheels of Alameda County Agency’s mission is to raise funds for the six Meals on Wheels programs in Alameda County, including Berkeley Meals on Wheels; and
WHEREAS, Alameda County distributes these funds on a proportional basis to Meals on Wheels programs and special grant requests throughout Alameda County; and WHEREAS, Berkeley Meals on Wheels provides over 60,000 nutritious meals to over 250 seniors each year; and
WHEREAS, the current MOWAC donation of $54,166.67 will assist in covering personnel costs or providing meals to homebound seniors; and
WHEREAS, this and all future donations received in FY 2022 will be deposited into the Fund Raising Activities Fund (ERMA Budget Code 111-51-505-549-2044-000-444- 612990-) and will be appropriated as part of the Second Amendment to the FY 2022 Annual Appropriations Ordinance.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that donations to the Berkeley Meals on Wheels program received in FY 2022 from the Meals on Wheels of Alameda County Agency are accepted to support personnel and operational costs of meal provision to home-bound seniors by the City of Berkeley Meals on Wheels program.

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CONSENT CALENDAR
May 10, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing and Community Services Subject: 2022 Local Housing Trust Fund Application

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to apply for and accept funds from the State of California's Local Housing Trust Fund program in an amount not to exceed $5,000,000, and to apply such funds to the City's existing funding reservations for Supportive Housing in People’s Park (2556 Haste Street) via the City's Housing Trust Fund program.

FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley is eligible to apply for up to $5,000,000 from the State's competitive Local Housing Trust Fund (LHTF) program. The final award will be decided as part of the competitive application. This funding would be applied to the City's Housing Trust Fund program to fund the City's existing funding reservation for the pipeline project Supportive Housing in People’s Park (SHiPP) at 2556 Haste Street, reducing the amount of Measure O and/or other local funds that would be required for the project, and would become available for other housing priority projects if the City receives an award.

CURRENT SITUATION AND ITS EFFECTS
Approving the City’s LHTF application supports the Council’s Strategic Plan Priority to create affordable housing and support services for our most vulnerable community members The LHTF was established by the State as a funding source to finance new affordable housing construction. The program is administered by the State's Department of Housing and Community Development (HCD). The program is funded by a $4 billion bond approved by voters in 2018.

The City is eligible to apply for between $1 million and $5 million with a one-to-one matching funds requirement. Applications will be scored on several criteria including the source of matching funds (prioritizing sources that do not come from residential projects like the Affordable Housing Mitigation fee), existing local funding commitments, project readiness, and affordability.

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2022 Local Housing Trust Fund Application CONSENT CALENDAR May 10, 2022

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Based on eligibility criteria, the City can currently apply to support one project in the City's HTF development pipeline: SHiPP, located at 2556 Haste Street.

On December 14, 2021, Council reserved Housing Trust Funds for this project. The City’s funding commitment alongside the project’s unit mix, depth of affordability, and development timeline will allow the application to score competitively. The City's current local commitments in this project would potentially be partially offset by the LHTF award. Using LHTF funds for SHiPP would free up Measure O or other local funds for other affordable housing projects in the City’s current pipeline.

BACKGROUND
The LHTF was created by the Veterans and Affordable Housing Bond Act of 2018 (Proposition 1). HCD is awarding a total of $57M to the LHTF program for the 2022 funding round.

Program funds awarded must be designated to provide construction loans and/or permanent financing loans to pay for construction or rehabilitation of affordable rental housing projects, emergency shelters, permanent supportive housing, transitional housing and affordable homeowner projects.

Program funds may also be used to assist income-eligible first-time homebuyers to purchase homes and to rehabilitate houses owned by income-eligible occupants.

Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Units (JADUs) construction and conversion programs are also eligible.

The City is eligible to apply as it maintains an existing Housing Trust Fund. The City of Berkeley's Housing Trust Fund program was established in 1990 to support affordable housing development and rehabilitation. It is funded by several sources including Affordable Housing Mitigation Fees (AHMF), Condominium Conversion fees and federal HOME funds. Measure O was approved by voters in 2018 to provide $135 million in additional bond funding for affordable housing development. Any LHTF funding the City receives will compliment these funding sources.

In 2020, the City of Berkeley successfully applied for and received LHTF awards for two projects, Blake Apartments (2527 San Pablo Ave.) and Maudelle Miller Shirek Community (2001 Ashby Ave.), with each project receiving $2.5M for a total award of $5M. Both projects begin construction in 2022.

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

RATIONALE FOR RECOMMENDATION
Measure O bond supported pipeline projects provide the City with the most competitive application. The LHTF application weighs the percentage of matching funds derived

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2022 Local Housing Trust Fund Application CONSENT CALENDAR May 10, 2022

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from sources other than local impact fees (such as the AHMF). The Measure O bond provides this advantage. SHiPP will include units for formerly homeless households, and will provide units at a deeper affordability. This is another key factor to submitting a competitive application.

Competitive applications must also demonstrate project readiness and a projected construction start. This also provides better security that the funds will be expended in line with the NOFA requirements.

ALTERNATIVE ACTIONS CONSIDERED
Staff do not recommend applying the funds to a first-time home buyer, ADU or JADU program as the application scoring criteria is designed to favor new construction affordable housing.

CONTACT PERSON
Amanda Montez, Community Development Project Coordinator, HHCS, (510) 981-5426 Jenny Wyant, Senior Community Development Project Coordinator, HHCS, (510) 981- 5228
Attachments:
1: Resolution with Attachment

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Berkeley City CouncilMay 10, 2022

Berkeley City Council
May 10, 2022