Agenda packet — Berkeley City Council, May 31, 2022 (part 1 of 4)

Tuesday, May 31, 2022 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, May 31, 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://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/88127787306. 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 p hone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 881 2778 7306 . 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 conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981 -6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a d ate/time to be specified.

Page 1 ends

Tuesday, May 31, 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.

Page 2 ends

Consent Calendar
Tuesday, May 31, 2022 AGENDA Page 3

1. 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, April 12, 2022, and May 10, 2022.

Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950

2. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of April 12 (closed and regular), April 19, (closed and special), April 21 (special), April 26 (special and regular).

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

3. Resolution Supporting the Sale of 3404 King Street and transfer of the Turning Point transitional housing program for homeless youth from Fred Finch Youth Center to Larkin Street Youth Services
From: City Manager
Recommendation: Adopt a Resolution supporting the sale of the property at 3404 King Street, currently owned by Fred Finch Youth Center (FFYC), to Larkin Street Youth Services (LSYS) to continue operating the Turning Point transitional housing program for homeless transition-aged youth. The proposed resolution would:

Immediately forgive in full an outstanding Housing Trust Fund loan on the property, with an outstanding balance of $305,000, otherwise set to be forgiven in 2027; Authorize the City Manager to enter into contract and necessary amendments with LSYS and reallocate the balance of the funding currently committed to FFYC through the FY20-23 Community Agency Funding RFP process, in an amount not to exceed $89,255 in FY23; Reallocate funding from contract with Covenant House California (Contract No. 31900239) when said contract terminates at the end of June 2022, in an amount not to exceed $318,000 for FY23, to LSYS.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000

Page 3 ends

Consent Calendar
Tuesday, May 31, 2022 AGENDA Page 4

4. Commission Reorganization: Amendments to Berkeley Municipal Code Section

7.52.190 (Homeless Services Panel of Experts)
From: City Manager
Recommendation:

1. Adopt first reading of an Ordinance amending Section 7.52.190 of the Berkeley Municipal Code, the enabling legislation for the Homeless Services Panel of Experts (HSPOE) to add the functions of the Homeless Commission as found in Resolution No. 60,647-N.S.

2. Adopt a Resolution rescinding Resolution No. 60,647-N.S. which established the Homeless Commission.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000

5. Assessments: Berkeley Tourism Business Improvement District From: City Manager
Recommendation: Adopt a Resolution approving the Annual Report of FY 2022 and preliminary budget for FY23 for the Berkeley Tourism Business Improvement District (BTBID) as recommended by the BTBID Owners’ Association.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

6. Assessments: Downtown Berkeley Property Based Business Improvement District
From: City Manager
Recommendation: Adopt a Resolution approving the Downtown Berkeley Property Based Business Improvement District (DPBID) Annual Report of Fiscal Year (FY) 2022 and proposed budget for FY 2023, and declaring Council’s intention to levy an annual assessment for the DPBID for FY 2023.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

7. Assessments: North Shattuck Property Based Business Improvement District From: City Manager
Recommendation: Adopt a Resolution approving the North Shattuck Property Based Business Improvement District (NSBID) Annual Report of Fiscal Year (FY) 2022 and proposed budget for FY 2023, and declaring Council’s intention to levy an annual assessment for the NSBID for FY 2023.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

Page 4 ends

Consent Calendar
Tuesday, May 31, 2022 AGENDA Page 5

8. Assessments: Telegraph Property Based Business Improvement District From: City Manager
Recommendation: Adopt a Resolution approving the Telegraph Property Based Business Improvement District (TBID) Annual Report of FY 2022 and proposed budget for FY 2023, and declaring Council’s intention to levy an annual assessment for the TBID for FY 2023.

Financial Implications: See Report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

9. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on May 31, 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 - $535,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

10. Notice of Appropriations Limit for Fiscal Year 2023 From: City Manager
Recommendation: Adopt a Resolution providing notice that: 1) Council will adopt an appropriations limit for Fiscal Year 2023 at its meeting of June 28, 2022; and 2) the amount of the limit and the background material used in its calculation will be available for public review in the City Clerk’s Office on or before June 13, 2022.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300

11. Revenue Grant Agreements: Funding Support from Alameda County to Conduct Public Health Services
From: City Manager
Recommendation: Adopt four Resolutions authorizing the City Manager or her designee to submit grant agreements to Alameda County, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following five revenue agreements:

1. Foster Care Program in the projected amount of $93,187 for FY 2023.

2. Berkeley High School and Berkeley Technology Academy Health Center Programs in the projected amount of $181,208 for FY 2023.

3. School Linked Health Services Program (Measure A Funding) in the projected amount of $200,011 for FY 2023.

4. Tobacco Prevention Program in the projected amount of $78,960 for FY 2023.

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

Page 5 ends

Consent Calendar
Tuesday, May 31, 2022 AGENDA Page 6

12. Revenue Grant: Funding Support from Alameda County to Public Health Infrastructure Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit grant agreements to Alameda County, to accept the grant, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the Public Health Infrastructure Program in the projected amount of $32,080 for FY 2023.

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

13. Revenue Grant Agreements: Funding Support from Essential Access Health to Conduct Public Health Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to Essential Access Health, to accept the grant, execute any resultant revenue agreement and amendment, and implement the projects and appropriation of funding for related expenses to conduct public health promotion, protection, and prevention services for the Essential Access Health revenue agreement in the projected amount of $120,000 for April 1, 2022 to March 30, 2023.

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

14. Revenue Grant Agreements: Funding Support from the State of California to Conduct Public Health Services
From: City Manager
Recommendation: Adopt five Resolutions authorizing the City Manager or her designee to submit grant agreements to the State of California, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following five revenue agreements:

1. Child Health and Disability Prevention (CHDP) Program, which includes Early Periodic Screening, Diagnosis and Treatment (EPSDT) and Health Care Program for Children in Foster Care (HCPCFC), in the projected amount of $358,309 for FY 2023.

2. Maternal, Child and Adolescent Health (MCAH) Program, in the projected amount of $381,147 for FY 2023.

3. Tobacco Trust Fund in the projected amount of $300,000 in FY 2023.

4. Immunization Program: In the projected amount of $1,185,901 for FY 2023.

5. Public Health Emergency Preparedness (PHEP)/Pandemic Flu/Cities Readiness Initiative (CRI) Program in the projected allocation of $265,000 for FY 2023.

Financial Implications: See report.

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

Page 6 ends

Consent Calendar
Tuesday, May 31, 2022 AGENDA Page 7

15. Revenue Grant: Funding Support from the State of California for the Tuberculosis Control Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit grant agreements to the State of California, to accept the grant, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the Tuberculosis Control Program in the projected amount of $14,000 for FY 2023.

Financial Implications: See report.

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

16. Contract: Interior Motions for Health, Housing, and Community Services Public Health Division Furniture
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments or extensions with Interior Motions for new furniture for the Public Health Division offices. The contract will be in an amount not to exceed $135,000 for the period April 1, 2022 through December 30, 2022.

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

17. Expenditure Contract: California Mental Health Student Services Act Grant Funds for Berkeley Unified School District for Coordination and Provision of Mental Health Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract with Berkeley Unified School District (BUSD) to transfer grant funds in the amount of $2,267,355 requested for BUSD and received from the Mental Health Services Accountability and Oversight Commission (MHSAOC). These funds will be used by BUSD to coordinate and provide mental health staffing and services in BUSD in Fiscal Years 2022 through 2027.

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

18. Approving Proposed Projects Anticipated to be paid for by the State’s Road Maintenance and Rehabilitation Account (RMRA) Funds for FY2023 From: City Manager
Recommendation: Adopt a Resolution approving a proposed list of projects that will utilize funding from the State of California’s Road Maintenance and Rehabilitation Account, and authorize the City Manager to submit the proposed list to the California Transportation Commission.

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

Page 7 ends

Consent Calendar
Tuesday, May 31, 2022 AGENDA Page 8

19. Berkeley Strategic Transportation Plan Update and Grant Application Opportunities
From: City Manager
Recommendation:

1. Adopt two Resolutions authorizing the City Manager to submit grant applications to the California Active Transportation Program, accept the grants awarded, and execute any resultant agreements and amendments.

2. Adopt a Resolution: a. Approving the Berkeley Strategic Transportation Plan Third Addendum. b. Authorizing the City Manager to submit unfunded Five-Year Priority Projects from the Berkeley Strategic Transportation Plan Third Addendum to the Alameda County Transportation Commission for funding through the County’s Fiscal Year (FY) 2024 – FY 2028 Comprehensive Investment Plan. c. Authorizing the City Manager to execute agreements as needed for accepting the awarded grant funds.

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

20. Declaration of Intent – Fiscal Year 2023 Street Lighting Assessments From: City Manager
Recommendation: Adopt two Resolutions granting the City Manager the authority to approve the Engineer’s Reports; set a public hearing to be held before the Council of the City of Berkeley at its June 28, 2022 meeting; and authorize the City Clerk to publish a Notice of the Public Hearing for Fiscal Year 2023 Levy of Assessments for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District 2018.

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

21. Contract: Nema Construction for FY 2022 Street Light Maintenance Project From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Street Rehabilitation FY 2022 Project, Specification No. 22-11506-C; accepting the bid of the lowest responsive and responsible bidder, Nema Construction; and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project, in accordance with the approved plans and specifications in an amount not to exceed $428,950.

Financial Implications: Street Light Assessment Fund - $428,950 Contact: Liam Garland, Public Works, (510) 981-6300

Page 8 ends

Consent Calendar
Tuesday, May 31, 2022 AGENDA Page 9

22. Contract: Zanker Recycling for Construction and Demolition Materials Hauling, Sorting and Marketing Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Zanker Recycling LLC to provide construction and demolition materials hauling, sorting and marketing services for an initial five- year term commencing on July 1, 2022. The contract includes an option to extend for one five (5) year period for a maximum ten (10) year contract term and a total amount not to exceed $21,551,718.

Financial Implications: Zero Waste Fund - $21,551,718
Contact: Liam Garland, Public Works, (510) 981-6300

23. Contract No. 102498-1 Amendment: TK Elevator for Elevator Maintenance and Repair Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an Amendment to Contract No. 102498-1 with TK Elevator (formerly Thyssenkrupp Elevator) to increase the contract amount by $500,000 for a total contract amount not to exceed $1,640,000 and to extend the contract term through June 30, 2025.

Financial Implications: Various Funds - $500,000
Contact: Liam Garland, Public Works, (510) 981-6300

24. Contract No. 108037-1 Amendment: MSR Mechanical, LLC for on-call heating, ventilation and air conditioning services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an Amendment to Contract No. 108037-1, with MSR Mechanical LLC: to increase the contract amount by $50,000 for a total contract amount not to exceed $130,000; and to extend the contract term through June 30, 2024.

Financial Implications: Various Funds - $50,000
Contact: Liam Garland, Public Works, (510) 981-6300

25. Contract No. 31900031 Amendment: Downtown Streets Team for Expanded Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or designee to amend Contract No. 31900031 with Downtown Streets Team (DST) to: 1. Increase the contract by $400,000 for a new not to exceed amount of $1,675,304 and extend the contract term through December 31, 2023; and 2. Expand DST services to include the cleanup of litter and illegally dumped materials at encampment sites and adjacent neighborhoods throughout the City of Berkeley as needed; and 3. Negotiate new pricing, contract terms, and scope of services in support of the Clean Cities Program for the continuation of leaf and litter removal, graffiti abatement, and poster removal services for various commercial districts in Fiscal Year 2024.

Financial Implications: Various Funds - $400,000
Contact: Liam Garland, Public Works, (510) 981-6300

Page 9 ends

Consent Calendar
Tuesday, May 31, 2022 AGENDA Page 10

26. Contract No. 32000246 Amendment: CF Contracting, Inc. for Sacramento Complete Streets Improvements Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000246 with CF Contracting, Inc. for work on the Sacramento Complete Streets Improvement Project (“Project”), Specification No.20- 11379-C, increasing the contract amount by $250,000 for an amended total not to exceed $2,725,200.

Financial Implications: Measure BB Fund - $250,000
Contact: Liam Garland, Public Works, (510) 981-6300

27. Purchase Order: Papé Machinery, Inc. for the completed rebuild and repair of Zero Waste Division’s John Deere Wheel Loader, Unit No. 6505 From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a purchase order with Papé Machinery, Inc. for the completed rebuild, major component replacement and repair of Zero Waste Division’s John Deere Wheel Loader, Unit No. 6505, in an amount not to exceed $345,188.

Financial Implications: Equipment Maintenance Fund - $345,188 Contact: Liam Garland, Public Works, (510) 981-6300

28. Authorization for Additional Civic Arts Commission Meeting in 2022 From: Civic Arts Commission
Recommendation: Adopt a Resolution for one additional meeting of the Civic Arts Commission in 2022.

Financial Implications: None
Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530

29. Arts Commission Budget Referral: Festival Grants Budget Allocation From: Civic Arts Commission
Recommendation: Refer to the City’s Budget Process for Fiscal Year 2023 an increased budget allocation of $41,685 for Festival Grants to bring the allocation for these grants to $200,000 annually beginning in Fiscal Year 2023.

Financial Implications: See Report
Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530

Page 10 ends

Council Consent Items
Tuesday, May 31, 2022 AGENDA Page 11

30. Budget Referral: Small Business Rental and Legal Support From: Mayor Arreguin (Author), Councilmember Robinson (Co-Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor) Recommendation: Refer to the Fiscal Year 2023 Budget Process and the City Manager, $1,000,000 from American Rescue Plan Act (ARPA) funding to launch a needs-based grant program for Berkeley-based small businesses (under 50 employees) to provide supplemental assistance to cover outstanding commercial rent debt and to fund legal assistance to small businesses. The City Manager shall create the criteria and formula to distribute the funds as described in the report.

Financial Implications: American Rescue Plan Act - $1,000,000 Contact: Jesse Arreguin, Mayor, (510) 981-7100

31. Budget Referral: Ceasefire Program Staffing
From: Councilmember Taplin (Author)
Recommendation: Refer $1,000,000 ($1M) to the budget process to provide full staffing for a Berkeley Ceasefire program.

Financial Implications: General Fund - $1,000,000
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

32. Budget Referral: Fund Mental Health Wellness Support and Services Coordinator at the Berkeley High School Health Center
From: Councilmember Harrison (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Refer to the FY 23 and FY 24 Annual Budget Process $350,000 to provide a coordinator position to deliver mental health wellness support and services to the City-run Berkeley High School (BHS) Mental Health Center, and to expand services and training as appropriate, consistent with the May 5, 2022 Council action to reimagine public safety. This includes: 1. Counseling services for students experiencing depression, anxiety, self-harm, suicidal ideations, etc.; 2. Teacher training for mental health awareness; 3. Facilitator/support resources to assist with coordination and scheduling of services.

Financial Implications: General Fund - $350,000
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

33. Budget Referral: Fund Additional HHCS Community Development Project Coordinator Position to Assist with Workforce Standards and Enforcement From: Councilmember Harrison (Author)
Recommendation: Refer to the FY 23 and FY 24 Annual Budget Process approximately $104,863 in General Funds with additional benefits to hire another Community Development Project Coordinator in the Health, Housing and Community Services (HHCS) Department to assist with enforcement of existing and prospective labor laws and regulations.

Financial Implications: General Fund - $104,863
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

Page 11 ends

Council Consent Items
Tuesday, May 31, 2022 AGENDA Page 12

34. Support for SB-1076 Lead-based paint (Archuleta)
From: Councilmember Wengraf (Author), Councilmember Taplin (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Send a letter of support to Senator Archuleta for his proposed legislation: SB-1076 Lead-based paint, with a copy to Nancy Skinner.

Financial Implications: Staff time
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

35. Budget Referral: Purchase of Electric Bicycles for City Use From: Councilmember Robinson (Author), Councilmember Harrison (Co- Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Refer $25,000 to the FY 2023-2024 budget process to purchase electric bicycles, electric cargo bicycles, and any related safety, storage, or security equipment for use by employees on City business.

Financial Implications: General Fund - $25,000
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

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.

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

Page 12 ends

Action Calendar – Public Hearings
Tuesday, May 31, 2022 AGENDA Page 13

36. Updating Published Charges: Mental Health Clinical Services From: City Manager
Recommendation: Conduct a Public Hearing and, upon conclusion, adopt a Resolution establishing Published Charges for Mental Health Clinical Services for Fiscal Year 2022. Published Charges are effective July 1, 2021.

Financial Implications: See report.

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

Action Calendar – New Business

37. Discussion and Direction Regarding Vision 2050 Program Plan and Potential Ballot Measures for the November 8, 2022 General Municipal Election From: City Manager
Recommendation: Discuss the results of the recent community survey; provide direction to the City Manager on whether to continue working towards placing measure(s) on the November ballot, and, if so, the type of and dollar amounts for revenue measures; and provide input on the Vision 2050 Program Plan.

Financial Implications: See report
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000

38. City Council Comments on the FY 2023 and FY 2024 Proposed Biennial Budget and Capital Improvement Program
From: City Manager
Recommendation: Provide comments on the FY 2023 and FY 2024 Proposed Biennial Budget and Capital Improvement Program.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

Page 13 ends

Council Action Items
Tuesday, May 31, 2022 AGENDA Page 14

39. Referral to the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee Policy Committee to Consider Strategies and Make Recommendations to Council and Staff to Ensure Potential Infrastructure Bond Expenditure Is Consistent With Climate Action Goals and Other Environmental Policies (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee)
From: Councilmember Harrison (Author)
Recommendation: Refer to the Facilities, Infrastructure, Transportation, Environment & Sustainability (FITES) Policy Committee Policy Committee to consider strategies and make recommendations to the Council and staff to ensure that potential infrastructure bond is consistent with Climate Action goals and other environmental policies.

Policy Committee Recommendation: Send the enclosed non-binding recommendations to Council with a qualified positive recommendation and support for Staff’s ongoing work to establish public-facing metrics to measure projected and actual outcomes around potential bond projects that support Climate Action goals and other environmental policies.

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

Information Reports

40. Referral Response: Further Supporting Worker Cooperatives From: City Manager
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

41. On-Call Energy Efficiency Services Contracts through On-Bill Financing From: City Manager
Contact: Alene Pearson, Planning and Development, (510) 981-7400

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

Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.

Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names,

Page 14 ends

Tuesday, May 31, 2022 AGENDA Page 15
addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communica tion. 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 C lerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at https://berkeleyca.gov/.

Agendas and agenda reports may be accessed via the Internet at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas 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:

This meeting is being held in a wheelchair accessible location.

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.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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 May 19, 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

Page 15 ends

Tuesday, May 31, 2022 AGENDA Page 16
public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Soft-Story Seismic Retrofit

1. Todd Andrew
Revitalizing Downtown Berkeley

2. Steven Schuyler
Unfreeze Vacant Positions at the Berkeley Police Department

3. Kaht Dorward and Edward Cohen

4. Rachel Bradley

5. Tom Miller
Hopkins Corridor

6. S. Omowale Fowles

7. Octavia

8. Margot Smith

9. Kaellyn Moss

10. Sally Nelson
May is Mental Health Awareness Month

11. Mental Health Commission
Brown Act Complaint

12. Thomas Lord (2)
ADA vs. Council Practice

13. Thomas Lord
City Code Regarding Tenants Rights

14. Jay Shawl
Decriminalize Entheogenic Plants

15. Shannon Lavelle
Tenant Opportunity to Purchase Act (TOPA)

16. Lynda Winslow
Rodeway Inn (Adobe Services)

17. Sylvia
People’s Park

18. Rin Lopez

19. Chimey Lee

Page 16 ends

Tuesday, May 31, 2022 AGENDA Page 17
Mountain Biking Destroying Wildlife Habitat

20. Mike Vandeman

Homelessness and Encampments

21. Jahlee Arakaki (2)

22. S. Omowale Fowles

COVID-19

23. Todd Andrew

Chavez Park

24. Michele Bernal

California Theatre

25. Alexa Wilkie

Conflict of Interest Reports

26. Margot Smith

Train Horns

27. Lauren Parsons
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.

Page 17 ends

Page 18 ends

Office of the City Attorney

CONSENT CALENDAR
May 31, 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, April 12, 2022, and May 10, 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

Page 1 of 5 ends

Page 19 ends

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 May 31, 2022, the Council will need to review and ratify the resolution by June 30, 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

Page 2 of 5 ends

Page 20 ends

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

Page 3 of 5 ends

Page 21 ends

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

Page 4 of 5 ends

Page 22 ends

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, April 12, 2022, and May 10, 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 30, 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.

Page 5 of 5 ends

Page 23 ends

Page 24 ends

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 31, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of April 12 (closed and regular), April 19, (
closed and special), April 21 (special), April 26 (special and regular).

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

1. April 12, 2022-Closed Council Meeting

2. April 12, 2022-Regular Council Meeting

3. April 19, 2022-Closed Council Meeting

4. April 19, 2022-Special Council Meeting

5. April 21, 2022-Special Council Meeting

6. April 26, 2022-Special Council Meeting

7. April 26, 2022-Regular Council Meeting

Page 1 of 63 ends

Page 25 ends

Tuesday, April 12, 2022 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
TUESDAY, APRIL 12, 2022
4:00 P.M.

JESSE ARREGUIN, MAYOR
Councilmembers:

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

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this https://us02web.zoom.us/j/82520304735. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free); enter Meeting ID: 825 2030 4735.

If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the teleconference will be recorded as any Council meeting is recorded, and all other rules of procedure and decorum will apply for Council meetings conducted by teleconference or videoconference.

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

Attachment 1

Page 2 of 63 ends

Page 26 ends

Tuesday, April 12, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 4:05 p.m.

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

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

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

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property address: 150 Brookside Drive, Richmond, California Agency Negotiators: Dee Williams-Ridley, City Manager; Paul Buddenhagen, Deputy City Manager; LaTanya Bellow, Deputy City Manager; Abe Roman, Fire Chief, David Sprague, Deputy Fire Chief
Negotiating parties: City of Berkeley & Cushman & Wakefield Property owner: Premier Development, LLC Under negotiation: Price and terms
Property address: Giant Road, Richmond, California Agency Negotiators: Dee Williams-Ridley, City Manager; Paul Buddenhagen, Deputy City Manager; LaTanya Bellow, Deputy City Manager; Abe Roman, Fire Chief, David Sprague, Deputy Fire Chief
Negotiating parties: City of Berkeley & Cushman & Wakefield Property owner: Four Stones Real Estate, LLC Under negotiation: Price and terms
Action: No reportable action taken.

2. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6

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

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

Action: Item removed from the agenda by the City Manager.

OPEN SESSION:

No reportable action taken.

Page 3 of 63 ends

Page 27 ends

Tuesday, April 12, 2022 MINUTES Page 3
Adjournment
Action: M/S/C (Arreguin/Harrison) to adjourn the meeting.

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

Adjourned at 4:37 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting on April 12, 2022.
________________________
Mark Numainville, City Clerk

Page 4 of 63 ends

Page 28 ends

Tuesday, April 12, 2022 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, April 12, 2022
6:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

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

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

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/86759332010. 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: 867 5933 2010 . If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

Attachment 2

Page 5 of 63 ends

Page 29 ends

Tuesday, April 12, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:05 p.m.

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

Absent: Bartlett
Councilmember Bartlett present at 6:11 p.m.

Ceremonial Matters:

1. Recognition of 120 th Birthday of The Rebbe, Rabbi Menachem M. Schneerson

2. Recognition of Victims’ Rights Week and the Alameda County Victim/Witness Assistance Program
City Manager Comments:

The City Manager provided a presentation on the Homeless Response Team Data & Analysis.

Public Comment on Non-Agenda Matters: 10 speakers.

Consent Calendar
Action: M/S/C (Arreguin/Robinson) to accept supplemental material from Councilmember Taplin for Item 27.

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to set the speaker time at one minute for the Consent Calendar.

Vote: All Ayes.

Public Comment on Consent Calendar and Information Items Only: 42 speakers.

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

Vote: All Ayes.

Page 6 of 63 ends

Page 30 ends

Consent Calendar
Tuesday, April 12, 2022 MINUTES Page 3

1. Implementation of Redistricting Plan for City Council District Boundaries From: Independent Redistricting Commission
Recommendation: Adopt second reading of Ordinance No. 7,803-N.S. implementing the adjusted City Council District Boundaries as approved by the Independent Redistricting Commission.

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

Financial Implications: None
Contact: Mark Numainville, Commission Secretary, (510) 981-6900 Action: Adopted second reading of Ordinance No. 7,803–N.S.

2. Amending Berkeley Municipal Code (BMC) Chapter 12.70 Sections 12.70.031 and 12.70.050A.1 to align with State and Local Laws
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,804-N.S. amending Berkeley Municipal Code (BMC) Chapter 12.70 Smoking Pollution Control to incorporate two changes:
1) Amending BMC 12.70.030 to replace the outdated term “Dispensary” with “Cannabis Retailer” in order to align with the State’s Medicinal and Adult-Use of Cannabis Safety and Regulation Act (MAUCSRA); and
2) Revise BMC Chapter 12.70.050.A.1 to clarify that smoking tobacco is allowed at a tobacco retailer, and smoking cannabis is allowable at a Cannabis Retailer, subject to Council-approved BMC Sections 23.320.020.F.2, 12.21.020.U, V, and Y, and

12.22.040.F.2 allowing “Cannabis Lounges”.

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

Financial Implications: None
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted second reading of Ordinance No. 7,804–N.S.

3. Referral Response: Research and Development (R&D) Definition From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,805-N.S. that modifies the land use definition of Research and Development (R&D) [Berkeley Municipal Code (BMC) Division 5: Glossary – Defined Terms 23.502.020].

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

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,805–N.S.

Page 7 of 63 ends

Page 31 ends

Consent Calendar
Tuesday, April 12, 2022 MINUTES 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, and March 22, 2022.

Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,284–N.S.

5. Collection of Parking Space Rental Tax for City Owned Parking Lots; and Amending BMC Section 6.24.050
From: City Manager
Recommendation: Adopt a Resolution authorizing the collection of Parking Space Rental Tax for City of Berkeley owned off street parking lots pursuant to BMC

7.48.070 starting June 1, 2022, and adopt first reading an Ordinance amending BMC

6.24.050 to allow Parking Space Rental Tax to be placed in the general fund instead of a special fund.

Financial Implications: See report
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,285–N.S. Adopted first reading of Ordinance No. 7,806-N.S. Second reading scheduled for April 26, 2022.

6. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on April 12, 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 - $710,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

Page 8 of 63 ends

Page 32 ends

Consent Calendar
Tuesday, April 12, 2022 MINUTES Page 5

7. Purchase Order: Eight (8) Emergency Vehicle Utility Pickup Trucks for the Berkeley Fire Department
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to waive the competitive procurement process for purchase and upfitting of emergency vehicles for the Berkeley Fire Department (Department) for eight (8) utility pickup vehicles in an amount not to exceed $621,000.

Financial Implications: Various Funds - $621,000
Contact: Abe Roman, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,286–N.S.

8. Mental Health Services Act Innovations - Encampment-Based Mobile Wellness Center Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to approve the Mental Health Services Act (MHSA) Innovations (INN) Encampment-based Mobile Wellness Center Project Plan and any extensions, for services, activities, and supports for unhoused individuals in Berkeley, in a total amount not to exceed $2,802,400 over a five-year period beginning in FY2023.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,287–N.S.

9. Revenue Contract: Mental Health Services Oversight and Accountability Commission for $2,500,000 for Coordination and Provision of Mental Health Services in Berkeley Unified School District
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to apply for funding provided by the Mental Health Services Oversight and Accountability Commission (MHSOAC) through the Mental Health Student Services Act Request for Applications, accept the funding, and execute any resultant revenue agreements and amendments to coordinate and provide mental health services in the Berkeley Unified School District (BUSD) for $2,500,000 in FY 2022 through FY 2027.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,288–N.S.

Page 9 of 63 ends

Page 33 ends

Consent Calendar
Tuesday, April 12, 2022 MINUTES Page 6

10. Revenue Grant Agreement: Funding Support from the California Department of Public Health, Oral Health Program to conduct Public Health Promotion, Protection, and Prevention Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to California Department of Public Health, Oral Health Program, to accept the grant, execute any resultant revenue agreement and amendments, and implement the project and appropriation of funding for related expenses to conduct public health promotion, protection, and prevention services for the California Department of Public Health-Oral Health Program, in the projected amount of $173,408 annually for Fiscal Years 2023, 2024, 2025, 2026, and 2027.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,289–N.S.

11. Ratify the execution of the pre-approved PARS Plan document, amended and restated effective January 1, 2022, and related Amendments by Interim Deputy City Manager on December 27, 2021
From: City Manager
Recommendation: Adopt a Resolution to acknowledge and ratify the execution of the pre-approved PARS Plan document, amended and restated effective January 1, 2022, and related Amendments by Interim Deputy City Manager on December 27, 2021.

Financial Implications: None
Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,290–N.S.

12. Re-establish Senior Engineering Inspector Classification From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 69,996-N.S.

Memorandum of Understanding: Public Employees Union – Local 1, Re-establishing the Senior Engineering Inspector classification.

Financial Implications: See report
Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,291–N.S.

Page 10 of 63 ends

Page 34 ends

Consent Calendar
Tuesday, April 12, 2022 MINUTES Page 7

13. Contract: Sysco San Francisco for Food Services for Tuolumne and Echo Lake Resident Camps
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Sysco San Francisco for food services at the City of Berkeley Tuolumne and Echo Lake Resident Camps for a five-year period, beginning May 1, 2022 and ending May 1, 2027, in an amount not to exceed $4,468,610, subject to the City’s annual budget appropriation process.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,292–N.S.

14. Donation: Bench and picnic equipment at Codornices Park in memory of Lucinda Sikes
From: City Manager
Recommendation: Adopt a Resolution accepting a donation in the amount of $16,000 donation from the local friends of Lucinda Sikes for a memorial bench and picnic equipment to be placed at Codornices Park in memory of Lucinda.

Financial Implications: Revenue - $16,000 (donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,293–N.S.

15. Revenue Grant: FEMA Hazard Mitigation Grant Program From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a letter of commitment of matching funds in the amount of $1.25 million, comprising at least $910,000 from property owner funds, with the remainder through in-kind City staff time, for a Hazard Mitigation Grant application in the amount of $3.75 million for the Retrofit Grants Program to the Federal Emergency Management Agency (FEMA), and subject to its award, to accept the grant and execute any resultant revenue agreements and amendments including any additional funding allocations from the Hazard Mitigation Grant Program and designating the applicant’s authorized agent.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 70,294–N.S.

16. Revenue Grant: Fiscal Year 2022-2025 Department of Justice Tobacco Grant From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, and/or Chief of Police to execute a grant contract and any subsequent amendments with the State of California Department of Justice (DOJ) in the amount of $191,053 for three fiscal years, 2021-22 through 2024-25.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 70,295–N.S.

Page 11 of 63 ends

Page 35 ends

Consent Calendar
Tuesday, April 12, 2022 MINUTES Page 8

17. Contract: Bay Cities Paving & Grading, Inc. for Street Rehabilitation FY 2022 Project
From: City Manager
Recommendation: Adopt a Resolution: 1) approving plans and specifications for the Street Rehabilitation FY 2022 Project, Specification No. 22-11470-C; 2) approving the plans for the Intersection Reconfiguration at Dwight Way and California Street Project, Specification No. 22-11485-C; 3) rejecting the lowest bid from Azul Works, Inc. as non-responsive; 4) accepting the bid of the lowest responsive and responsible bidder, Bay Cities Paving & Grading, Inc.; and 5) authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project, in accordance with the approved plans and specifications in an amount not to exceed $6,084,809.

Financial Implications: See Report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,296–N.S.

18. Master License Agreement Template for the Non-Exclusive Installation of Small Cell Telecommunications Facilities on City Owned and Maintained Streetlight Poles in the Public Right-of-Way
From: City Manager
Recommendation: Adopt a Resolution directing staff to 1) prepare a draft Master License Agreement template for the non-exclusive installation of small cell telecommunication facilities on City-owned and maintained streetlight poles in the public right-of-way, and 2) return to City Council for review and consideration of template approval.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,297–N.S.

Council Consent Items

19. Budget Referral: $60,000 to the FY 2023-2024 Budget Process for Supply Bank School Supply Distribution
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Refer to the FY 2023-2024 budget process $60,000 for Supply Bank ($30k for each fiscal year) to support their services in providing essential school supplies to Berkeley families.

Financial Implications: $60,000
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Approved recommendation.

Page 12 of 63 ends

Page 36 ends

Council Consent Items
Tuesday, April 12, 2022 MINUTES Page 9

20. Assembly Bill 1944: Support and Seek Amendments
From: Mayor Arreguin (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Bartlett (Co-Sponsor)
Recommendation: Adopt a Resolution approving a support and seek amendments position on Assembly Bill (AB) 1944 (Lee), which amends the Brown Act to permanently enable meetings of legislative bodies to be conducted through videoconference or teleconference with flexibility on noticing requirements. Send a copy of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, and Assemblymembers Buffy Wicks and Alex Lee.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,298–N.S.

21. Support of AB 1947 – Addressing Hate Crimes
From: Mayor Arreguin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Wengraf (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Adopt a Resolution in support of Assembly Bill (AB) 1947 (Ting), which will require law enforcement agencies to adopt policies around how to identify, respond to, and report hate crimes. Send a copy of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, and Assemblymembers Buffy Wicks and Phil Ting.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,299–N.S.

22. Resolution Reaffirming the City of Berkeley’s Commitment to Transgender Rights
From: Councilmember Kesarwani (Author), Councilmember Droste (Co- Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Wengraf (Co- Sponsor)
Recommendation: Adopt a Resolution reaffirming the City of Berkeley’s commitment to Transgender and Gender Expansive Rights
Financial Implications: None
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 Action: Adopted Resolution No. 70,300–N.S.

23. Budget Referral: Municipal Electric Vehicle Charging Infrastructure From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation: That the City Council refer to the FY2023-24 budget process the funding of electric charging infrastructure for the City’s fleet of electric vehicles.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmember Bartlett added as a co-sponsor. Approved recommendation.

Page 13 of 63 ends

Page 37 ends

Council Consent Items
Tuesday, April 12, 2022 MINUTES Page 10

24. Budget Referral: West Berkeley Park Ambassadors
From: Councilmember Taplin (Author)
Recommendation: That the City Council refer to the FY2023-24 budget process the funding for Park Ambassadors at San Pablo Park, Strawberry Creek Park, and Aquatic Park.

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

25. Support for AB-1608 (Angelo Quinto Act of 2022)
From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Send a letter to the state legislature in Support of Assembly Bill 1608: Independent Coroner’s Offices (Gipson).

Financial Implications: None
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation.

26. Native and Drought Resistant Plants and Landscaping Policy Update (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee)
From: Councilmember Taplin (Author)
Recommendation: Adopt a Resolution amending the Native Species/Bay-Friendly Landscaping Policy to require, when appropriate, the prioritization of native, non- invasive, and pollinator friendly plantings on City property.

Policy Committee Recommendation: On March 9, 2022, the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee made a Positive Recommendation to forward the item to the City Council.

Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Adopted Resolution No. 70,301–N.S. as recommended by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee.

Page 14 of 63 ends

Page 38 ends

Council Consent Items
Tuesday, April 12, 2022 MINUTES Page 11

27. Community Policing: Flex Team for Problem-Oriented Policing Under the Scanning, Analysis, Response, and Assessment (SARA) Model and Other Applicable Community Engagement Models (Reviewed by the Public Safety Committee)
From: Councilmember Taplin (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor), Councilmember Droste (Co- Sponsor)
Recommendation: Refer to the City Manager the establishment of a Flexible Team for Problem-Oriented Policing in the Berkeley Police Department, following the SARA model and other applicable community engagement models, including Berkeley Ceasefire.

Policy Committee Recommendation: On March 7, 2022, the Public Safety Committee made a Positive Recommendation to the City Council for the item to be considered as part of the reimagining public safety process.

Financial Implications: Staff time
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation of the Public Safety Committee. Supplemental material submitted at the meeting by Councilmember Taplin.

28. Budget Referral to Fund Mayoral Budgetary Analyses Pursuant to Charter Article VI. Section 24
From: Councilmember Harrison (Author)
Recommendation: Refer to the FY 23 and FY 24 Bi-annual Budget Process $100,000 to provide the Mayor, on behalf of the Budget Committee and Council, the means to hire a certified public accountant throughout both fiscal years to provide supplemental assistance in fulfilling budgetary obligations pursuant to the Charter.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Moved to Action Calendar. 0 speakers. M/S/C (Arreguin/Hahn) to approve the recommendation as revised in Supplemental Communications Packet #1 from Councilmember Harrison.

Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin; Noes – None; Abstain – None; Absent – Kesarwani (Recused – working relationship with named entity).

Page 15 of 63 ends

Page 39 ends

Council Consent Items
Tuesday, April 12, 2022 MINUTES Page 12

29. Berkeley Public Library Foundation’s 19th Annual Authors Dinner Event:

Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Hahn (Author), Mayor Arreguin (Co-Sponsor), Councilmember Wengraf (Co-Sponsor), Councilmember Taplin (Co-Sponsor) Recommendation: Adopt a resolution approving the expenditure of an amount not to exceed $600 per Councilmember, including $500 from Councilmember Wengraf, $200 from Mayor Arreguín, and $200 from Councilmember Hahn, to the Berkeley Public Library Foundation’s 19th Annual Authors Dinner event with funds relinquished to the City’s general fund for this purpose from the discretionary Council office budget of Councilmember Hahn, and additional funds from Councilmembers who would like to contribute. The Berkeley Public Library Foundation raises funds to support and enhance facilities, programs, and services of the Berkeley Public Library. Recent gifts to the Foundation helped the library redesign its services during the pandemic, outfit a culinary tool lending library, and complete needed capital improvements to the downtown Central Library.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Adopted Resolution No. 70,302–N.S. revised to include contributions from the following Councilmembers up to the amounts listed; Councilmember Robinson - $250; Councilmember Bartlett - $200; Councilmember Kesarwani - $100.

30. Kala Art Institute 2022 Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor), Mayor Arreguin (Co-Sponsor), Councilmember Harrison (Co-Sponsor) Recommendation: Adopt a resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Taplin, $250 from Councilmember Hahn and $250 from Mayor Arreguín, to the Kala Art Institute, a 501(c)(3) non-profit organization, to support Art Kala 2022, an exhibition, auction, and benefit to support Kala’s artistic, cultural, and educational programs, with funds relinquished to the City’s general fund for this purpose from the discretionary Council office budget of Councilmembers Hahn and Taplin, Mayor Arreguín, and any other Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Adopted Resolution No. 70,303–N.S. revised to include contributions from the following Councilmembers up to the amounts listed; Councilmember Robinson - $250; Councilmember Bartlett - $200; Councilmember Kesarwani - $100; Councilmember Wengraf - $250.

Page 16 of 63 ends

Page 40 ends

Council Consent Items
Tuesday, April 12, 2022 MINUTES Page 13

31. Proclamation in Honor of Holocaust Remembrance Day
From: Councilmember Wengraf (Author), Councilmember Hahn (Author), Mayor Arreguin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Adopt the Holocaust Remembrance Day Proclamation for the 19th Annual Holocaust Remembrance Day program to be held virtually Thursday, April 28th from 2:00 – 3:00 PM.

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

32. Budget Referral: City of Berkeley Annual Holocaust Remembrance Day From: Councilmember Wengraf (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Refer to the Fiscal Year 2023/2024 budget process a request for $6,000 annually to fund the City of Berkeley’s Annual Holocaust Remembrance Day Program.

Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Councilmember Taplin added as a co-sponsor. Approved recommendation.

33. Budget Referral: Downtown Berkeley BART Station Modernization Design From: Councilmember Robinson (Author), Councilmember Harrison (Author), Mayor Arreguin (Co-Sponsor), Councilmember Droste (Co-Sponsor) Recommendation: Refer $250,000 to the June 2022 budget process to contribute to funding Bay Area Rapid Transit’s preliminary design engineering work for the Downtown Berkeley BART Station Modernization project.

Financial Implications: General Fund - $250,000
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Approved recommendation.

34. Relinquishment of Council Office Budget Funds to the General Fund and Grant of Such Funds for the Suitcase Clinic
From: Councilmember Robinson (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Robinson, to the Suitcase Clinic to fund homeless outreach supplies and in-clinic expenses.

Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Adopted Resolution No. 70,304–N.S. revised to include contributions from the following Councilmembers up to the amounts listed; Councilmember Hahn - $200; Councilmember Bartlett - $200; Councilmember Kesarwani - $100; Councilmember Wengraf - $250.

Page 17 of 63 ends

Page 41 ends

Council Consent Items
Tuesday, April 12, 2022 MINUTES Page 14

35. Support for AB 2050: Ellis Act Reform
From: Councilmember Robinson (Author), Councilmember Harrison (Co- Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Send a letter to Assemblymember Alex Lee, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of Assembly Bill 2050, which would require five years of ownership before a rental property owner can proceed with an eviction pursuant to the Ellis Act, with exemptions for small landlords.

Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Mayor Arreguin added as a co-sponsor. Approved recommendation.

36. Support for SB 649: Affordable Housing Local Tenant Preference From: Councilmember Robinson (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Send a letter to Senator Dave Cortese, Assemblymember Buffy Wicks, and Senator Nancy Skinner in support of Senate Bill 649, which would enable the creation of local tenant preferences policies for affordable housing.

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

37. Support for AB 2147: Jaywalking Decriminalization
From: Councilmember Robinson (Author)
Recommendation: Send a letter to Assemblymember Phil Ting, Assemblymember Friedman, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of AB 2147, related to jaywalking enforcement.

Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Councilmember Bartlett added as a co-sponsor. Approved recommendation.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Robinson, Wengraf, Droste, Arreguin; Noes – Harrison.

38. Support for SCA 2: Article 34 Repeal
From: Councilmember Robinson (Author), Mayor Arreguin (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Droste (Co-Sponsor) Recommendation: Adopt a Resolution supporting SCA 2 to repeal Article 34 of the California Constitution, eliminating the required city-wide vote for construction of publicly-funded low-income housing projects. Send copies of the Resolution to Senators Ben Allen, Scott Wiener, Nancy Skinner, and Assemblymember Buffy Wicks.

Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Adopted Resolution No. 70,305–N.S.

Recess 8:06 p.m. – 8:21 p.m.

Page 18 of 63 ends

Page 42 ends

Tuesday, April 12, 2022 MINUTES Page 15
Action Calendar – Old Business

39. Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities (Continued from March 22, 2022. Item contains supplemental material.)
From: Auditor
Recommendation: We recommend City Council request that the City Manager report back by September 29, 2022, and every six months thereafter, regarding the status of our audit recommendations until reported fully implemented by the Berkeley Police Department (BPD). They have agreed to our findings and recommendations.

Please see our report for their complete response.

Financial Implications: None
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: M/S/C (Arreguin/Robinson) to suspend the rules and extend the meeting to 11:05 p.m.

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

Councilmember Wengraf absent 10:49 p.m. – 11:02 p.m.

Action: 8 speakers. M/S/C (Arreguin/Robinson) to 1) accept the Auditor’s report; 2) request that the City Manager report back by September 29, 2022 on status of recommendations, and every six months thereafter until fully implemented; 3) expedite implementation of recommendation #4; and 4) set a goal for September 2022 for the City Attorney, City Manager, and Police Department to have contracts in place for services with outside entities including all overhead/administrative costs, termination clauses, and ability to reassign officers as needed.

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

Action Calendar – New Business
40a. Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter 13.110 From: Commission on Labor
Recommendation: Adopt first reading of the proposed Fair Workweek Ordinance, adding Berkeley Municipal Code Chapter 13.110.

Financial Implications: See report
Contact: Margot Ernst, Commission Secretary, (510) 981-5400

Page 19 of 63 ends

Page 43 ends

Action Calendar – New Business
Tuesday, April 12, 2022 MINUTES Page 16
40b. Companion Report: Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter 13.110
From: City Manager
Recommendation: Direct this item to the Health, Life Enrichment, Equity, and Community Policy Committee for the following: Review and evaluate the proposed policy; and Evaluate resources needed to conduct the necessary analysis of impacts and costs associated with implementing the proposed policy.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Items 40a and 40b moved to the Consent Calendar and referred to the Health, Life Enrichment, Equity, and Community Policy Committee, including the supplemental material in Supplemental Communications Packet #1 from Councilmember Harrison.
41a. UC Berkeley Agreement
From: Disaster and Fire Safety Commission
Recommendation: The University of California recently agreed to pay the City of Berkeley $4.3 million a year to cover cost expended by the City due to the University’s expansion and cost on the City. The funding is intended to ‘support fire and city services.’ The DSFC recommends that the City administer the funds separately from the general funds and with public review under the DSFC similar to FF and GG for the duration of the agreement.

Financial Implications: None
Contact: Keith May, Commission Secretary, (510) 981-3473 41b. Companion Report: UC Berkeley Agreement
From: City Manager
Recommendation: Use the General Fund and existing budget process to administer payments received through the University of California settlement.

Financial Implications: See Report
Contact: Abe Roman, Fire, (510) 981-3473
Action: Item 41b from the City Manager to the Consent Calendar. Approved recommendation. No action taken on Item 41a.

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

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

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

Page 20 of 63 ends

Page 44 ends

Tuesday, April 12, 2022 MINUTES Page 17
Adjourned at 11:02 p.m.

I hereby certify that the foregoing is a true and correct record of the regular session meeting on April 12, 2022.
________________________
Mark Numainville, City Clerk
Communications
Item #27: Community Policing: Flex Team for Problem-Oriented Policing Under the Scanning, Analysis, Response, and Assessment (SARA) Model and Other Applicable Community Engagement Models

1. Susan Payne

2. Matt Ruby

3. Jeff Vincent

4. Phyllis Kamrin

5. Alicia Carter

6. Paula Hollowell

7. Bradley Morris

8. Charlene Washington

9. aliciacatherinemorre@

10.Michelle Braasch-Carman

11.Frances Haselsteiner

12.Damian Park

13.Sarah Garrett

14.Kenneth Berland

15.Nancy Chamberlain

16.Naomi Marks

17.Stacey Murphy

18.David Lerman

19.Charles Clarke

20.Eric Friedman

21.Nathan Scullion

22.Antoine Grondin

23.Thomas Luce

24.Stephen Wilson

25.Kitt Saginor

26.Diana Bohn
Vision 2050

27.David Lerman

Page 21 of 63 ends

Page 45 ends

Tuesday, April 12, 2022 MINUTES Page 18
UC Berkeley Students Cap

28.Michael Fullerton (2)
Housing

29.Grayson Peters

30.Avran Gur Arye (3)
Paving Ballot Measure

31.Alex Sharenko
Hazardous Condition of Crosswalk at Francisco Street and Sacramento

32.David Lerman
Landmark Preservation of the California Theatre

33.Sonia Mistry
Revitalization of the Downtown Area

34.Steven Schuyler
Parking Enforcement Outside the SPARK Program

35.Diana Bohn
Corporate Money in Berkeley Elections

36.Nilang Gor
Underground Wiring of PG&E

37.Pamela Doolan
Project of “The Next One”

38.Anonymous
Bench Needed at Caesar Chavez Park

39.Michael Fullerton

40.Michelle Silver
Climate Change

41.Jeff White

42.Thomas Lord
COVID-19 and Masks

43.George Torgun
Eden I&R Newletter

44.Eden I&R

Page 22 of 63 ends

Page 46 ends

Tuesday, April 12, 2022 MINUTES Page 19
Freedom of Speech

45.Nilang Gor
Berkeley Food Procurement

46.Nilang Gor, on behalf of the Sierra Club
Shut Down America’s Coal Industry

47.Jeff White
Station Access at North Berkeley BART

48.David Brandon
Sanctuary Contracting Ordinance

49.Elana Auerbach
Redistricting

50.Elisabeth Watson
North Berkeley BART Development

51.35 similarly-worded from letters

52.Charlene Woodcock

53.Aimee Baldwin

54.Vicki Sommer

55.Kenneth Gross

56.Sean Bouvet

57.Holly Scheider

58.Kevin James and Tom Reilly

59.Deborah Gouailhardou

60.Carol Hirth

61.Larry Orman

62.Toni Casal (2)

63.Tony Corman

64.Roberta Silverstein

65.Maud Engel

66.S.P. Neyhart
Paid Parking System – Smart Space

67.Kit Vanbuskirk
Tenant Opportunity to Purchase Act (TOPA)

68.10 similarly-worded form letters

69.Rahel Smith

70.Ginny Madsen

71.Jeffrey Melcher

72.Ayanna Davis

Page 23 of 63 ends

Page 47 ends

Tuesday, April 12, 2022 MINUTES Page 20
Dog’s Off Leash

73.Heather Lee Khvatsky
Supplemental Communications and Reports 1

74.Christine Staples

75.Amanda Strickler

76.Amol Rao

77.Phyllis Kamrin

78.Luan Nio

79.Eric Friedman

80.jennywhite@

81.Chris Horgan & Elena Prakoura

82.Claudia Kawczynka

83.Adam Fuchs

84.Fran Haselsteiner

85.Marcia DuBois

86.Deborah and Roy Scott

87.Elizabeth Arenas
Item #28: Budget Referral to Fund Mayoral Budgetary Analyses Pursuant to Charter Article VI. Section 24

88.Revised material, submitted by Councilmember Harrison Item #40a: Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter

13.110

89.Supplemental material, submitted by Councilmember Harrison Supplemental Communications and Reports 2
Item #27: Community Policing: Flex Team for Problem-Oriented Policing Under the Scanning, Analysis, Response, and Assessment (SARA) Model and Other Applicable Community Engagement Models

90.Susan Springborg

91.Leslie Berkler, on behalf of the Women’s Daytime Drop-In Center

92.Beth Roessner, on behalf of the Berkeley Chamber of Commerce

93.Steve Kromer, et al

94.Charles Clarke

95.Ann Squires

96.Toni Mester

97.Jeff Vincent
Supplemental Communications and Reports 3
City Manager Comments

98.Presentation, submitted by the City Manager’s Office

Page 24 of 63 ends

Page 48 ends

Tuesday, April 12, 2022 MINUTES Page 21
Item #27: Community Policing: Flex Team for Problem-Oriented Policing Under the Scanning, Analysis, Response, and Assessment (SARA) Model and Other Applicable Community Engagement Models

99.Supplemental material, submitted by Councilmember Taplin 100. Elizabeth Lee
101. Ken Berland
102. Diana Bohn
103. Margaret Flaherty
104. Julie Chervin
105. Shmuel Weissman
106. Damien Murtagh
107. Tai Yu, on behalf of Great China Restaurant
108. Dave Fogarty
109. Minda Berbeco
110. Alison Huetter
111. Lorenzo Avila
112. Isabelle Gaston
113. Ben Buettner
114. Todd Andrew
115. Paul Gumpel
116. Cynthia Harbaugh
117. John Poppleton
118. Chimey Lee
119. Meryl Siegal
Item #39: Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities
120. Barbara Gilbert
Item #40a: Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter

13.110
121. Barry Braden, on behalf of Fieldwork Brewing Company 122. Kirk & Amanda Jung, on behalf of The Barkmont
123. Bruce Carlton, on behalf of Residence Inn by Marriott Berkely 124. Maureen McGraw, on behalf of Meyer Sound
125. Matt Sutton, on behalf of the California Restaurant Association Item #40b: Companion Report: Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter 13.110
126. Beth Roessner, on behalf of the Berkeley Chamber
127. Drew Johnson, on behalf of Bayer
128. Dell Dellnger, on behalf of the Hotel Shattuck

Page 25 of 63 ends

Page 49 ends

Tuesday, April 19, 2022 MINUTES Page 1

M I N U T E S

BERKELEY CITY COUNCIL SPECIAL MEETING
TUESDAY, APRIL 19, 2022
4:00 P.M.

JESSE ARREGUIN, MAYOR
Councilmembers:

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, this closed session meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. Please be advised that pursuant to the Executive Order and the Shelter-in-Place Order, and to ensure the health and safety of the public by limiting human contact that could spread the COVID- 19 virus, there will not be a physical meeting location available.

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

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/87106067473. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free); enter Meeting ID: 871 0606 7473. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

Attachment 3

Page 26 of 63 ends

Page 50 ends

Tuesday, April 19, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 4:02 p.m.

Present: Bartlett, Hahn, Robinson, Taplin, Wengraf, Arreguin

Absent: Droste, Harrison, Kesarwani
Councilmember Kesarwani present at 4:05 p.m.

Councilmember Droste present at 4:27 p.m.

Public Comment - Limited to items on this agenda only - None CLOSED SESSION:

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

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
a. Worthy v. City of Berkeley, et al., Action No. 3:20-cv-05558-EMC Action: No reportable action taken.

OPEN SESSION:

Public Reports of actions taken pursuant to Government Code section 54957.1.

No reportable action taken.

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

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

Adjourned at 4:35 p.m.

I hereby certify that the forgoing is a true and correct record of the special closed meeting of April 19, 2021 as approved by the Berkeley City Council. __________________________________
Rose Thomsen, Deputy City Clerk

Page 27 of 63 ends

Page 51 ends

Tuesday, April 19, 2022 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Tuesday, April 19, 2022
6:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

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

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

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/87841008933. 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: 878 4100 8933. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

Attachment 4

Page 28 of 63 ends

Page 52 ends

Tuesday, April 19, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:02 p.m.

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

Absent: Kesarwani, Taplin, Bartlett
Councilmember Kesarwani present at 6:05 p.m.

Councilmember Bartlett present at 6:07 p.m.

Councilmember Taplin present at 6:15 p.m.

Report from Closed Session
The City Council met in closed session and there was no reportable action taken.

Ceremonial Matters:

1. Adjourned in memory of the Berkeley High School Student who passed away on April 18, 2022.

Worksession
Action: M/S/C (Arreguin/Robinson) to adopt a temporary rule to limit public comment to one minute per speaker.

Vote: All Ayes.

1. Fire Department Standards of Cover and Community Risk Assessment Study From: City Manager
Contact: Abe Roman, Fire, (510) 981-3473
Action: 9 speakers. Presentation made, including the material in the Supplemental Communications Packet #2 from the Fire Department, and discussion held.

Recess 8:09 p.m. – 8:19 p.m.

2. Ashby and North Berkeley BART Transit-Oriented Development From: City Manager
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000 Action: 57 speakers. Presentation made and discussion held.

Councilmember Hahn absent 9:20 p.m. – 11:45 p.m.

Action: M/S/C (Arreguin/Harrison) to suspend the rules and extend the meeting to 11:15 p.m.

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

Page 29 of 63 ends

Page 53 ends

Tuesday, April 19, 2022 MINUTES Page 3
Action: M/S/C (Arreguin/Taplin) to suspend the rules and extend the meeting to 11:30 p.m.

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

Action: M/S/C (Arreguin/Taplin) to suspend the rules and extend the meeting to 11:45 p.m.

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

Adjournment
Adjourned at 11:45 p.m.

I hereby certify that the foregoing is a true and correct record of the special session meeting on April 19, 2022.
________________________
Rose Thomsen, Deputy City Clerk
Communications
Item #2: Ashby and North Berkeley BART Transit-Oriented Development

1. 31 similarly-worded form letters (I am a resident)

2. 25 similarly-worded form letters (I live in)

3. 20 similarly-worded form letters (12 stories)

4. 19 similarly-worded form letters (Generational opportunity)

5. 11 similarly-worded form letters (1-4, a-c)

6. 9 similarly-worded form letters (Please ensure)

7. Anne Boersma

8. Naomi Janowitz

9. Bernard Marszalek

10.Carolyn McNiven

11.Mary Rose

12.Jodi Ravel

13.Elie Hassenfeld

14.Elana Auerbach

15.Mary Dorst

16.Cindy Shamban

17.Lynda Caesara

18.Basak Altan

19.David Brandon

20.Summer Brenner

21.Ben Gerhardstein

22.Kori Kody and Steve Jackson

23.Josh Cohen

24.Paul Bickmore

Page 30 of 63 ends

Page 54 ends

Tuesday, April 19, 2022 MINUTES Page 4

25.Theo Posselt (2)

26.Andrew Doran

27.Margot Smith

28.Libby Lee-Egan

29.Susan Segal

30.Barbara Fisher

31.Carole Cool

32.Stephen Sperber

33.Anne Torney

34.Oren Cheyette

35.Helena Chang

36.Carla Woodworth

37.Tony Corman

38.Phil Allen

39.Andrew Fox

40.Nat Kane

41.Raymon Sutedjo-The

42.Jonathan Packman

43.Emily Lin

44.Barry Fike

45.Sarah Bell

46.Janet Byron

47.Emily Klion

48.Anirvan Chatterjee

49.Alisa (2)

50.Yoni Mayeri

51.Stephanie Allan

52.Xander Boutelle

53.Ayushi Samaddar

54.David Mendelsohn

55.Councilmember Kesarwani

56.Steven Morris

57.Laura Stevens

58.Becca Schonberg

59.Annie Preston

60.Maureen Sedonaen

61.Stephen Dalton

62.Doris Nassiry

63.Susan Mathews

64.Anandamayi Arnold

65.Ignacio Dayrit

66.Hayley Currier

67.Virginia Browning

68.Emma Lydon

69.Laureen O’Brien

70.Susan Holbrook

71.Avram Gur Arye

72.Mary Behm Steinberg

73.Michael Caplan

74.Reynaldo Santa Cruz

Page 31 of 63 ends

Page 55 ends

Tuesday, April 19, 2022 MINUTES Page 5

75.Toni Casal
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1: Fire Department Standards of Coverage and Community Risk Assessment Study

76.Revised material, submitted by the Fire Department
Item #2: Ashby and North Berkeley BART Transit-Oriented Development

77.Elana Naftalin-Kelman

78.Andrea Altschuler

79.Vicki Sommer (2)

80.Jack Kurzweil

81.Tony Corman

82.Claudia Valas

83.David Jackson

84.Toni Mester

85.Paul Buddenhagen

86.Deena Aranoff

87.Ellen Greenblatt

88.Larisa Cummings

89.Cindy Shamban

90.Mrs. The-Anh Cao

91.Susan Brand

92.Kori Kody

93.Chris McKee

94.Greysonne Coomes

95.Lynda Caesara

96.Todd Darling

97.E. Horowitz

98.Cynthia Papermaster

99.Candice Schott
100. Laura Klein
101. Judy MacLean
102. Ann Einstein
103. Sheila Jordan
104. Larisa Cummings
105. Kris Eggen
106. Kathy Labriola
107. Janice Schroeder
108. Jane Welford
109. Diana Bohn (2)
110. Jeff and Kim Haltiner
111. Kirsten Rose
112. E. Anne Griffiths
113. Tobey Wiebe
114. Stephanie Manning

Page 32 of 63 ends

Page 56 ends

Tuesday, April 19, 2022 MINUTES Page 6
115. Eric Arens
116. Larry Orman
117. Priscilla Hine
118. Richard Hiersch
119. Mary Louise Zernicke
120. Cynthia Larson
121. Thea Davison
122. Rebecca Tuden
123. Terence O’Hare
124. Peter Gleick
125. Alexander Benn
126. Rachel Bradley
127. Louise Rosenkrantz
128. Sabina McMurtry
129. Jane Tierney
130. Karen Jacobs
131. Hayler Currier, on behalf of TransFrom
132. Ms. Barryett Enge
133. Marice Ashe
134. Carol Hirth
135. Carol Nyhoff
136. Eva Herzer
137. Barbara Fisher
138. John Rice
139. Ralda Lee
140. Sandy Young
141. Sheila Goldmacher
142. Meryl Siegal
143. Julia Cato
144. Paola Laverde, on behalf of Berkeley Tenants Union 145. Shirley Issel
146. Mimi Moungovan
147. Negeene Mosaed
148. Norma Myers
149. Michael Katz
150. Nathan Tsuizaki
151. Lisa and Tim Goodman
152. Lisa Bruce
153. Alisa Foster, et al
154. Bronya Feldmann
155. Juliet Lamont
156. George Porter
157. Irene Rice
158. Karen Sumner
159. Jason Warriner
160. Sean Bouvet
Supplemental Communications and Reports 3
Item #2: Ashby and North Berkeley BART Transit-Oriented Development 161. Presentation, submitted by the Planning Department

Page 33 of 63 ends

Page 57 ends

Tuesday, April 19, 2022 MINUTES Page 7
162. Lisa Camasi
163. Ron Dion
164. Alan Thomsen
165. Candace Hyde-Wang
166. Bill Bogert
167. Phyllis Olin
168. Louise Kimball
169. Vicki Sommer
170. Richard Faszholz
171. Peter Guinosso
172. Charlene Woodcock
173. Jill Holloway
174. Clifford Fred
175. Reynaldo Santa Cruz
176. George Porter
177. Kenneth Gross
178. Elana Auerbach
179. Dorothy Walker
180. Catherine Ryan
181. Carla Woodworth
182. Andrea Horbinski
183. Gene Meyers
184. Toni Casal
185. Leslie Valas
186. Tom Reilly
187. Vivian Pisano
188. Toni Mester
189. Kristina Feller
190. Julieta Pisani McCarthy
191. Nathan Tsuizaki
192. David Rice
193. Santiago Casal
194. Kevin Burke
195. David Brown
196. Michael Frantz
197. Uzma Hussain
198. Paul Widess
199. Todd Andrew
200. Eileen Hughes
201. Kip Waldo
202. Mark Schirmer
203. Teresa Clarke (3)
204. Laura Garcia-Moreno
205. Linda Press Wulf
206. Julieta Pisani McCarthy
207. Andrea Altschuler
208. Toni Mester

Page 34 of 63 ends

Page 58 ends

Thursday, April 21, 2022 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Thursday, April 21, 2022
6:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

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

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

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/84434084458. 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: 844 3408 4458. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

Attachment 5

Page 35 of 63 ends

Page 59 ends

Thursday, April 21, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:03 p.m.

Present: Harrison, Hahn, Wengraf, Robinson, Droste

Absent: Kesarwani, Taplin, Bartlett, Arreguin
Councilmember Kesarwani present at 6:05 p.m.

Councilmember Bartlett present at 6:05 p.m.

Councilmember Taplin present at 6:09 p.m.

Mayor Arreguin present at 6:10 p.m.

Action Calendar – New Business

1. City Manager Presentation and Response to the Reimagining Public Safety Task Force and National Institute for Criminal Justice Reform Recommendations
From: City Manager
Recommendation: Accept the report from the City Manager with the goal of supporting council discussion and recommendations on a path forward to transforming public safety and policing in Berkeley.

Financial Implications: See report
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000 Recess 8:08 p.m. – 8:18 p.m.

Action: 27 speakers. Presentation made and discussion held.

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

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

Councilmember Harrison absent 10:21 p.m. – 10:46 p.m.

Councilmember Hahn absent 10:23 p.m. – 10:46 p.m.

Councilmember Bartlett absent 10:45 p.m. – 10:46 p.m.

Page 36 of 63 ends

Page 60 ends

Thursday, April 21, 2022 MINUTES Page 3
Adjourned at 10:46 p.m.

I hereby certify that the foregoing is a true and correct record of the special session meeting on April 21, 2022.
________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1: City Manager Presentation and Response to the Reimagining Public Safety Task Force and National Institute for Criminal Justice Reform Recommendations
From: City Manager

1. Margot Smith, on behalf of Elder Action, Ashby Village

2. Wendy Alfsen
Supplemental Communications and Reports 3
Item #1: City Manager Presentation and Response to the Reimagining Public Safety Task Force and National Institute for Criminal Justice Reform Recommendations
From: City Manager

3. Presentation, submitted by the City Manager’s Office

4. Supplemental material, submitted by Health, Housing & Community Services

5. Andrea Prichett

6. Diana Bohn (2)

7. Nicole Shelby

8. Elana Auerbach

9. Phoebe Sorgen

10.Elizabeth Ferguson

11.Greysonne Coomes

Page 37 of 63 ends

Page 61 ends

Tuesday, April 26, 2022 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Tuesday, April 26, 2022
4:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

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

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

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/83685329120. 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: 836 8532 9120. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

Attachment 6

Page 38 of 63 ends

Page 62 ends

Tuesday, April 26, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 4:03 p.m.

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

Absent: Taplin
Councilmember Taplin present at 4:05 p.m.

Action Calendar – New Business

1. 2022 City Council Referral Prioritization Process Using Re-Weighted Range Voting (RRV)
From: City Manager
Recommendation:

1. Review the completed Re-Weighted Range Voting (RRV) rankings for all outstanding City Council referrals;

2. Approve the removal of referrals that have been marked as rescinded by the sponsoring Councilmember or District;

3. Adopt a Resolution approving the list of prioritized referrals to city staff.

Financial Implications: No direct fiscal impacts
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: 10 speakers. M/S/C (Arreguin/Wengraf) to:

1. Approve the removal of referrals that have been marked as rescinded by the sponsoring Councilmember or District with the addition of #45 Point in Time Count;

2. Adopt Resolution No. 70,306–N.S. approving the list of prioritized referrals to city staff;

3. Reassign Item #7 Emergency Declarations and Item #19 Development Agreements to the City Attorney’s Office as the lead department.

Vote: All Ayes.

Page 39 of 63 ends

Page 63 ends

Action Calendar – New Business
Tuesday, April 26, 2022 MINUTES Page 3

2. Accept the Risk Analysis for Long-Term Debt (Bonding Capacity) Report provided by Government Finance Officers Association
From: City Manager
Recommendation: Accept the report titled ‘Risk-Based Analysis and Stress Test of Long-Term Debt Affordability’ as provided by the Government Finance Officers Association (GFOA). This report is based on their research and development of a risk-modeling tool to address issuing long-term debt related to City of Berkeley Vision 2050.

Financial Implications: None
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: 4 speakers. M/S/C (Hahn/Harrison) to refer the following items to the City Manager and the Budget & Finance Committee to return to Council with recommendations or analysis on as many of the following items as possible by October 2022, if feasible.
1) Consideration of reserves policies for operational funds other than the General Fund.
2) Potential reduction of the maximum indebtedness rate from 15% of assessed property value down to 4-8% range.
3) A new policy to not incur indebtedness when interest rates go above 5% or a different specific threshold.
4) Tools for increased transparency for taxpayers.
5) Updated report and discussion of pension and healthcare costs. 6) Refer the full Report to the Budget & Finance Committee for consideration.

Vote: All Ayes.

3. Berkeley Strategic Transportation Plan Update and Grant Application Opportunities
From: City Manager
Recommendation: Receive a presentation on the Berkeley Strategic Transportation (BeST) Plan and provide comments to staff on prioritization of projects for preparation of grant funding applications. Staff will return to Council May 31, 2022 for adoption of an amended BeST Plan with a list of grant funding applications to be submitted to the Alameda County Transportation Commission by the end of June.

Financial Implications: None
Contact: Liam Garland, Public Works, (510) 981-6300
Action: 6 speakers. Presentation made and discussion held.

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

Vote: All Ayes.

Page 40 of 63 ends

Page 64 ends

Tuesday, April 26, 2022 MINUTES Page 4
Adjourned at 7:08 p.m.

I hereby certify that the foregoing is a true and correct record of the special session meeting on April 26, 2022.
________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #2: Accept the Risk Analysis for Long-Term Debt (Bonding Capacity) Report provided by Government Finance Officers Association

1. Presentation, submitted by Shayne Kavanagh on behalf of the Government Finance Officers Association

2. Barbara Gilbert
Item #3: Berkeley Strategic Transportation Plan Update and Grant Application Opportunities

3. Presentation, submitted by Public Works

Page 41 of 63 ends

Page 65 ends

Tuesday, April 26, 2022 MINUTES Page 1

M I N U T E S

BERKELEY CITY COUNCIL MEETING
Tuesday, April 26, 2022
6:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

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

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

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

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

Attachment 7

Page 42 of 63 ends

Page 66 ends

Tuesday, April 26, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 7:21 p.m.

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

Absent: Bartlett
Councilmember Bartlett present at 7:24 p.m.

Ceremonial Matters:

1. Declaration of Dan Dean Day in Berkeley in Memory of Dan Dean, Educator and Activist City Manager Comments:

1. Presentation on changes to the City’s website
Public Comment on Non-Agenda Matters: 10 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 19 speakers.

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

Vote: All Ayes.

Recess Items

1. Contract No. 32000225 Amendment: Rebecca Burnside for Personnel Investigations
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 32000225 with Rebecca Burnside for Personnel Investigations by increasing the contract amount by $151,000 for a new not to exceed amount of $200,000.

Financial Implications: See report
Contact: Abe Roman, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,307–N.S.

Page 43 of 63 ends

Page 67 ends

Consent Calendar
Tuesday, April 26, 2022 MINUTES Page 3

2. Collection of Parking Space Rental Tax for City Owned Parking Lots; and Amending BMC Section 6.24.050
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,806-N.S. amending BMC 6.24.050 to allow Parking Space Rental Tax to be placed in the general fund instead of a special fund.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Paul Buddenhagen, City manager’s Office, (510) 981-7000 Action: Adopted second reading of Ordinance No. 7,806-N.S.

3. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of March 8 (closed and regular), March 10 (special), March 15 (special-5 pm and special-6 pm), March 22 (closed, special and regular).

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

4. Acceptance of Funding from University of California, Berkeley for Operations of the Rodeway Inn
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to accept a $2,200,000 donation from the University of California, Berkeley to support 6 months of operations at the Rodeway Inn for the noncongregate sheltering of people experiencing homelessness at People’s Park.

Financial Implications: One-Time Grant: No Capital Expenditures Fund - $2,200,000 (Donation)
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,308–N.S.

5. Contract: Abode Services to Operate Interim Housing at the Rodeway Inn From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Abode Services to operate an interim housing program at the Rodeway Inn (1461 University Ave.) in an amount not to exceed $3,993,397 for the period of May 1, 2022 to October 31, 2023.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,309–N.S.

Page 44 of 63 ends

Page 68 ends

Consent Calendar
Tuesday, April 26, 2022 MINUTES Page 4

6. Urgency Ordinance for Leasing the Real Property at 1461 University Avenue From: City Manager
Recommendation: Adopt an Urgency Ordinance to enter into a lease for the real property located at 1461 University Avenue, Berkeley for a term of 18 months.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Urgency Ordinance No. 7,807-N.S. adopted.

7. Contract: Village of Love for Operation of the Telegraph Neighborhood Sacred Rest Drop-In Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Village of Love to operate a daytime drop-in center for people experiencing homelessness, in an amount not to exceed $250,000 for the term of June 1, 2022 – May 31, 2023.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,310–N.S.

8. Endorsement of the Alameda County Home Together 2026 Implementation Plan
From: City Manager
Recommendation: Adopt a Resolution endorsing the Home Together 2026 Implementation Plan, a community-wide plan for Alameda County which lays out the goals, strategies and investments needed to dramatically reduce homelessness – and reduce racial disparities in the homeless population – by 2026.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,311–N.S.

9. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on April 26, 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 - $10,914,400
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

Page 45 of 63 ends

Page 69 ends

Consent Calendar
Tuesday, April 26, 2022 MINUTES Page 5

10. Contract: Fire Aside for Defensible Space Inspection Software From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Fire Aside to provide a mobile vegetation inspection software solution for the Fire Department from May 18, 2022 to May 17, 2024 in an amount not to exceed $60,000 with an option to extend for an additional four years, for a total contract amount not to exceed $160,000.

Financial Implications: Measure FF Funds - $160,000
Contact: Abe Roman, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,312–N.S.

11. Commission Reorganization for Post-COVID-19 Budget Recovery: Community Health Commission
From: City Manager
Recommendation: Adopt the first reading of an Ordinance to revise 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.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted first reading of Ordinance No. 7,808-N.S. Second reading scheduled for May 10, 2022.

12. Contract No. 110062 Amendment: Pacific Site Management From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 110062 with Pacific Site Management, increasing the total contract amount by $76,648 for a total contract amount not to exceed $432,470, and extending the term to June 30, 2023 for landscaping services at Public Health Division, Aging Services Division, and Mental Health Division facilities.

Financial Implications: Various Funds - $76,648
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,313–N.S.

Page 46 of 63 ends

Page 70 ends

Consent Calendar
Tuesday, April 26, 2022 MINUTES Page 6

13. Contract No. 31900203 Amendment: Resource Development Associates for Crisis Assessment and Triage Line Evaluation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900203 with Resource Development Associates for evaluation consulting services, extending the term to June 30, 2023 and increasing the contract by $19,350 for a total amount not to exceed $82,350.

Financial Implications: One-Time Grant: No Capital Expenditures Fund - $19,350 Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,314–N.S.

14. Grant Application: the Surrendered and Abandoned Vessel Exchange (SAVE) grant program of the California Division of Boating & Waterways From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to: 1) apply for and accept a grant in the amount of $60,000 from the California Division of Boating & Waterways (DBW) Surrendered and Abandoned Vessel Exchange (SAVE) grant program for the removal and disposal of anticipated abandoned vessels located at the Berkeley Marina; 2) Execute any amendments; and 3) Authorize a local match contribution of $6,000.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,315–N.S.

15. Contracts: Association for Energy Affordability, BlocPower, Ecology Center, Northern California Land Trust, and Waterside Workshops for Climate Equity Fund Pilot Programs
From: City Manager
Recommendation: Adopt five Resolutions authorizing the City Manager to award contracts and execute any amendments, extensions, or change orders with: 1) Association for Energy Affordability in an amount not to exceed $83,334; 2) BlocPower in an amount not to exceed $83,333; 3) Ecology Center in an amount not to exceed $100,000; 4) Northern California Land Trust in an amount not to exceed $83,333; and 5) Waterside Workshops in an amount not to exceed $250,000 to develop Climate Equity Fund Pilot Programs; for a cumulative amount of all contracts not to exceed $600,000, for the period of May 1, 2022 to May 31, 2024.

Financial Implications: Climate Equity Action Fund - $600,000 Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 70,316–N.S. (AEA), Resolution No. 70,317–N.S. (BlocPower), Resolution No. 70,318–N.S. (Ecology), Resolution No. 70,319–N.S. (NCLT), and Resolution No. 70,320–N.S. (Waterside).

Page 47 of 63 ends

Page 71 ends

Consent Calendar
Tuesday, April 26, 2022 MINUTES Page 7

16. Contract: Diablo Engineering Group for Preliminary Engineering and Final Design for the Ohlone Greenway Modernization and Safety Project From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Diablo Engineering Group for Preliminary Engineering and Final Design for the Ohlone Greenway Modernization and Safety project, for a not-to-exceed amount of $220,000, plus an additional not-to-exceed amount of $14,000 for any as-needed additional project-related services as directed by the City’s Project Manager, for a total not-to-exceed contract amount of $234,000, for the period June 1, 2022 through December 31, 2024.

Financial Implications: Various Funds - $550,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,321–N.S.

17. Contract: ParkMobile, LLC for Mobile Parking Payment Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a three-year contract and any amendments with ParkMobile, LLC, to provide mobile parking payment at on-street meters and reservations at parking garages in an amount not to exceed $300,000 for the period July 1, 2022 through June 30, 2025.

Financial Implications: Parking Meter Fund - $300,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,322–N.S.

18. Contract No. 9977B Amendment: Portable Computer Systems dba PCS Mobile for Parking Permit and Citation Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9977B with Portable Computer Systems dba PCS Mobile increasing the contract amount by $225,000, for a total amount not-to-exceed $2,050,000 and extending the term through June 30, 2024.

Financial Implications: Parking Meter Fund - $225,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,323–N.S.

19. Contract No. 117441-1 Amendment: Chrisp Company for Roadway Thermoplastic Markings
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 117441-1 with Chrisp Company to extend the contract term by two years to June 30, 2024, with an option for up to three additional one-year extensions.

Financial Implications: None
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,324–N.S.

Page 48 of 63 ends

Page 72 ends

Consent Calendar
Tuesday, April 26, 2022 MINUTES Page 8

20. Contract No. 31900047 Amendment: Pavement Engineering Inc. for On-Call Civil Engineering and Construction Management Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900047 with Pavement Engineering Inc. for on-call civil engineering services, increasing the contract amount by $1,000,000 for a total not-to-exceed amount of $3,500,000 and extending the term of the contract from June 30, 2022 to December 31, 2023.

Financial Implications: Various Funds - $1,000,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,325–N.S.

21. Lease Amendment: Options Recovery Lease of City Property 1835 Allston Way From: City Manager
Recommendation: Adopt first reading of an Ordinance 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.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted first reading of Ordinance No. 7,809-N.S. Second reading scheduled for May 10, 2022.

22. Purchase Order: Western Truck Center for Four Front Loaders From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City to participate in Sourcewell contract bid procedures, and authorizing the City Manager to execute a purchase of four (4) Front Loaders with Western Truck Center in an amount not to exceed $1,731,000.

Financial Implications: Equipment Replacement Fund - $1,731,000 Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,326–N.S.

Page 49 of 63 ends

Page 73 ends

Council Consent Items
Tuesday, April 26, 2022 MINUTES Page 9

23. Bay Area Book Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1068 from Mayor Arreguin, to the Bay Area Book Festival for the purposes of covering costs associated with personal protective equipment (PPE), with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin.

Financial Implications: Mayor’s Discretionary Funds - $1,068 Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,327–N.S.

24. Budget Referral: Housing Retention Fund
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Refer to the Fiscal Year 2023 budget process an allocation of $1 million from the American Rescue Plan Act (ARPA) funds to the Eviction Defense Center to supplement the Housing Retention Program, including COVID-19 emergency grants.

Financial Implications: American Rescue Plan Act Fund - $1,000,000 Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Approved recommendation.

25. Budget Referral: Expand Scope of the Downtown Streets From: Councilmember Kesarwani (Author)
Recommendation: Referral to the City Manager and the FY 2022-23 budget process $50,000 annually to expand the scope of services for the Downtown Streets Team to address the need for enhanced services around commercial and industrial areas in the Gilman District twice weekly.

The Gilman District is defined as the commercial area west of San Pablo Avenue to Eastshore Highway and, on the south, Gilman Street north to the Albany border.

Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 Action: Approved recommendation as revised material in Supplemental Communications Packet #1 from Councilmember Kesarwani. Councilmember Bartlett added as a co-sponsor.

Page 50 of 63 ends

Page 74 ends

Council Consent Items
Tuesday, April 26, 2022 MINUTES Page 10

26. Convert 62nd Street Between King St, and Adeline St. Into a Cul de Sac with a Marked Bicycle Lane Connecting Adeline St. to the Bicycle Boulevard on King St.

From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor) Recommendation: Refer to the Fiscal Year 2022/2023 Budget Process, an allocation of $300,000 to convert 62nd Street between King St. and Adeline St. into a cul de sac with a marked bicycle lane connecting Adeline St. to the bicycle boulevard on King St.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Approved recommendation.

27. Adopt a Resolution in Support of California State Assembly Bill 2557 (Bonta):

Specifying That Records of Civilian Law Enforcement Oversight Agencies Are Subject to the Disclosure Requirements of the Public Records Act From: Councilmember Harrison (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution in support of California State Assembly Bill 2557 (Bonta) that specifies that records and information obtained from records of civilian law enforcement oversight agencies are subject to the disclosure requirements of the public records act and not considered confidential. Send copies of the resolution and letters to Governor Newsom, State Senator Skinner, and Assemblymembers Wicks and Bonta.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 70,328–N.S.

28. Budget Referral for Accessibility Renovations for Luna Dance Institute From: Councilmember Hahn (Author), Mayor Arreguin (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Harrison (Co-Sponsor) Recommendation: Refer a grant of $150,000 for the benefit of Luna Dance Institute to the FY2023-2024 budget process to support the renovation of 931 Ashby Avenue and create a fully accessible, permanent dance education center for children, families, artists, teachers and the public. Funds will be directed to accessibility upgrades allowing the new Luna center to become Berkeley’s first and only 100% ADA accessible studio, rehearsal, performance, and teaching space.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Approved recommendation as revised in Supplemental Communications Packet #1 from Councilmember Hahn.

Page 51 of 63 ends

Page 75 ends

Council Consent Items
Tuesday, April 26, 2022 MINUTES Page 11

29. Budget Referral: Hopkins Corridor Bike, Pedestrian, and Placemaking Improvements
From: Councilmember Hahn (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Robinson (Co-Sponsor)
Recommendation: Refer $300,000 to the FY 2023-2024 budget process, with $150,000 in FY 2023 and $150,000 in FY 2024, for bike, pedestrian, and streetscape improvements to be implemented in coordination with protected bike lanes, pedestrian safety features, and re-paving of the Hopkins Corridor.

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

30. Co-Sponsorship and Budget Referral for the Solano Avenue Stroll From: Councilmember Hahn (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Harrison (Co-Sponsor)
Recommendation: 1. Adopt a Resolution for the City of Berkeley to Co-Sponsor the Solano Avenue Association’s 2022 and 2023 Solano Avenue Stroll events, currently scheduled for Sunday, September 11, 2022 and Sunday, September 10, 2023, taking place on Solano Avenue in both Berkeley and Albany; and

2. Resolve to provide in-kind City services previously provided at no cost to the Solano Stroll, including but not limited to police, fire, zero waste, and public works, at no cost to the September 2022 and 2023 Solano Stroll events, and allocate $20,000 per year for FY 2023 and 2024 ($40,000 total) for the Solano Avenue Stroll, to support the September 2022 and 2023 Stroll events.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: 1. Adopted Resolution No. 70,329–N.S.; and 2. Refer the allocation for Fiscal Year 2023 to the City Manager for inclusion in the 2nd Amendment to the Annual Appropriations Ordinance on May 10, 2022; and refer the FY 2024 allocation to the biennial budget process. (Supplemental material in Supplemental Communications Packet #1 from Councilmember Hahn renaming the item “Co- Sponsorship and Budget Referral Allocation for the Solano Avenue Stroll” to more accurately reflect the item recommendation and resolution.) Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – Droste.

Page 52 of 63 ends

Page 76 ends

Council Consent Items
Tuesday, April 26, 2022 MINUTES Page 12

31. Support for AB 2234: Postentitlement Permit Streamlining From: Councilmember Robinson (Author)
Recommendation: Send a letter to Assemblymember Robert Rivas, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of Assembly Bill 2234, which would require local governments to adopt modernizations to the postentitlement phase permitting process.

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

Approved recommendation.

The public may comment on each item listed on the agenda for action as the item is taken up. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

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

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

Action Calendar – New Business

32. Issuance of $40,000,000 General Obligation Bonds for Measure O – Affordable Housing
From: City Manager
Recommendation: Adopt a Resolution authorizing the issuance and sale of general obligation bonds to finance acquisition and improvement of affordable housing and authorizing actions related thereto.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: 0 speakers. M/S/C (Arreguin/Wengraf) to adopt Resolution No. 70,330–N.S.

Item includes Supplemental material in Supplemental Communications Packet #2 from the City Manager.

Vote: All Ayes.

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

Page 53 of 63 ends

Page 77 ends

Action Calendar – Public Hearings
Tuesday, April 26, 2022 MINUTES Page 13
Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker.

The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

33. ZAB Appeal: 1643-1647 California Street, Use Permit #ZP2021-0001 From: City Manager
Recommendation: Conduct a public hearing, and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit #ZP2021-0001 to: 1) create a new lower basement level, 2) construct a new second story, and 3) modify the existing duplex layout resulting in a 3,763 square foot duplex on an existing property, and dismiss the appeal.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 7 speakers.

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

Vote: All Ayes.

Action: M/S/C (Kesarwani/Arreguin) to adopt Resolution No. 70,331–N.S. to remand the project to the Zoning Adjustments Board to consider the Housing Accountability Act implications and the applicability of the Rent Stabilization Ordinance to the property.

Vote: All Ayes.

Page 54 of 63 ends

Page 78 ends

Action Calendar – Public Hearings
Tuesday, April 26, 2022 MINUTES Page 14

34. Zoning Ordinance Amendments that Address Technical Edits and Corrections to Berkeley Municipal Code (BMC) Title 23
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt first reading of an Ordinance 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)
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: M/S/C (Arreguin/Hahn) to accept revised material from the City Manager on Item 34.

Vote: All Ayes.

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

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

Vote: All Ayes.

Action: M/S/C (Hahn/Arreguin) to adopt first reading of Ordinance No. 7,810-N.S. as revised in the revised materials submitted by the City Manager and further revised in Section 3 and Section 10 as read into the record by Planning staff. Second reading scheduled for May 10, 2022.

Vote: All Ayes.

Page 55 of 63 ends

Page 79 ends

Action Calendar – Public Hearings
Tuesday, April 26, 2022 MINUTES Page 15

35. Submission of the Program Year 2022 (FY 2023) Annual Action Plan Containing Allocations of Federal Funds
From: City Manager
Recommendation: Conduct a public hearing on the federal Program Year (PY) 2022 Annual Action Plan (AAP) for federal Housing and Urban Development Department (HUD) funds, including the allocation of federal funding for community agencies and, upon conclusion, adopt a Resolution: 1. Approving proposed funding allocations under the PY 2022 Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and Home Investment Partnerships Program (HOME); 2. Authorizing the execution of resultant agreements and amendments with community agencies for the above-mentioned funds; 3. Allocating 10% for HOME program administration, up to 5% to support Community Housing Development Organization (CHDO) operations, and the remaining (approximately 85%) of the PY 2022 HOME funds to the Housing Trust Fund; 4. Allocating 20% of the PY 2022 CDBG funds to Planning and Administration, up to 17.83% for public services, and the remaining to be distributed to Housing Services and Public Facility Improvements as outlined in Exhibit A with the Public Facility Improvements being a flexible line item should the HUD allocation, program income, or earlier unused funds, be more or less than estimated; 5. Allocating $377,404 of the PY 2022 CDBG Public Facility Improvements program funding to the Fred Finch Youth Center Turning Point Facility, and an additional 10% for contingencies, for a total of $415,144, as long as the HUD allocation and/or program income and earlier unexpended funds result in at least $100,000 in additional funding for the facility Notice of Funding Availability (NOFA); 6. Allocating the allowable 7.5% of the PY 2022 ESG to Administration, $6,676 to the HMIS system, up to the allowable 60% to emergency shelter/street outreach, and the remaining amount to Rapid Rehousing as outlined in Exhibit A; 7.

Authorizing staff to finalize the PY 2022 Annual Action Plan for submission to the U.S. Department of Housing and Urban Development, including the planned expenditures of HUD funds, required HUD application forms and certifications, and all other HUD-required information; and 8. Authorizing the City Manager to execute and submit all documents necessary to receive the City’s entitlement grants under the CDBG, ESG, and HOME Programs.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Public Testimony: The Mayor opened the public hearing. 1 speaker.

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Wengraf) to adopt Resolution No. 70,332–N.S.

Vote: All Ayes.

Page 56 of 63 ends

Page 80 ends

Action Calendar – Old Business
Tuesday, April 26, 2022 MINUTES Page 16

36. 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 March 22, 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
Action: Item 36 continued to May 10, 2022.

Action Calendar – New Business

37. Hopkins Corridor Project Conceptual Design
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
Action: Item 37 continued to May 10, 2022.
38a. Development of Crisis Stabilization Program in Berkeley From: Homeless Commission
Recommendation: The Homeless Commission recommends that City Council refer to the City Manager to develop a crisis stabilization program based on the Bend, Oregon crisis stabilization model, tailored to Berkeley.

Financial Implications: See report
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400

Page 57 of 63 ends

Page 81 ends

Action Calendar – New Business
Tuesday, April 26, 2022 MINUTES Page 17
38b. Companion Report: Development of Crisis Stabilization Program in Berkeley From: City Manager
Recommendation: There has been interest expressed by the Homeless Commission and Mental Health Commission in establishing Crisis Stabilization Units (CSU) within the geographical boundaries of Berkeley.

Given the large changes coming to the crisis system in Berkeley, the opportunities to increase the use of the Amber House CSU (which persistently has vacant beds) by Berkeley residents, the significant costs in funding and siting a CSU in Berkeley, the complexities of Medi-Cal billing for a CSU funded by Berkeley, staff do not recommend creating a CSU in Berkeley at this time.

Instead, Berkeley could partner with the Alameda County Behavioral HealthCare (ACBH) Plan and Bay Area Community Services (BACS) on increasing the use of Amber House by Berkeley residents and, over the coming 12-18 months, assess the need for additional options for treatment of individuals experiencing a behavioral health crisis. Data from the coming Peer Respite and Specialized Care Unit (SCU) could support informing a plan for building out that crisis system in Berkeley. It is conceivable that better coordination of referrals to Amber House and a non-licensed crisis support program such as the Peer Respite could meet the need in Berkeley at a significantly reduced cost and with far less difficulty than funding and siting a CSU in Berkeley.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Moved Item 38a and 38b to Consent Calendar to adopt the recommendation in Supplemental Communications Packet #2 from Councilmember Taplin as written below.

Refer to the City Manager:

1. To study the feasibility of a Crisis Stabilization Center based on the Deschutes County Health Services model, including contracts with Alameda County Behavioral HealthCare to enable Medicare billing, and to identify and index potential sites in the City of Berkeley available for Crisis Stabilization Center operations; and,

2. In the interim, to partner with Alameda County Behavioral HealthCare and Bay Area Community Services (BACS) on increasing the use of Amber House by Berkeley residents and assess the need for additional options for treatment of individuals experiencing mental health crises, including Peer Respite and Specialized Care Unit (SCU).

Page 58 of 63 ends

Page 82 ends

Action Calendar – New Business
Tuesday, April 26, 2022 MINUTES Page 18
39a. Expansion of Storm Shelter Program to Emergencies not Otherwise Covered From: Homeless Commission
Recommendation: The Homeless Commission recommends the Council direct the City Manager to expand the Berkeley Emergency Storm Shelter (BESS) to emergencies not otherwise covered including outside the dates of the current contract with Dorothy Day House.

Financial Implications: See report
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400 39b. Companion Report: Expansion of Storm Shelter Program to Emergencies not Otherwise Covered
From: City Manager
Recommendation: The Homeless Commission’s recommendation to expand the Berkeley Emergency Storm Shelter (BESS) to emergencies not otherwise covered including outside the dates of the current contract with Dorothy Day House addresses a key need for our most vulnerable citizens. Therefore, staff recommends:

1. Referring this recommendation to the budget process; and 2. Referring this recommendation to staff for analysis of feasibility.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Item 39b moved to Consent Calendar. No action taken on Item 39a.

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

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

Vote: All Ayes.

Adjourned at 10:50 p.m.

I hereby certify that the foregoing is a true and correct record of the regular session meeting on April 26, 2022.
________________________
Mark Numainville, City Clerk
Communications
Item #28: Budget Referral for Accessibility Renovations for Luna Dance Institute

1. Diana Bohn
Item #29: Budget Referral: Hopkins Corridor Bike, Pedestrian, and Placemaking Improvements

2. Diane Garcia

Page 59 of 63 ends

Page 83 ends

Tuesday, April 26, 2022 MINUTES Page 19

3. Farid Javandel, Deputy Director of Public Works
Item #33: ZAB Appeal: 1643-1647 California Street, Use Permit #ZP2021-0001

4. Sunny Grewal, studio g+s Architects
Item #36: 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

5. Michael Chang, Chairperson, Police Accountability Board Item #38a: Development of Crisis Stabilization Program in Berkeley

6. Mental Health Commission
Road Repair

7. Helga Recke

8. Sheila Jordan

9. Miranda Ewell

10.Margot Smith

11.Sam Saxe-Taller
Climate Change

12.Thomas Lord (3)

13.Jeff W.

Oppose SB 9

14.Stan Goldberg
High Fire Hazard

15.Sally Williams
Berkeley Marina South Sailing Basin Dredging

16.Robert Ofsevit
Establishing a Pilot Existing Building Electrification Installation Incentive

17.Jack Kurzwell, on behalf of the Wellstone Club
Housing

18.Avram Gur Arye
California Theatre Landmark

19.Rebecca Kidd

20.Steven Schuyler
Repatriations

21.Bob Flasher

Page 60 of 63 ends

Page 84 ends

Tuesday, April 26, 2022 MINUTES Page 20
Pandemic Failed Economic Forecasting

22.Barbara Gilbert
Tenant Opportunity to Purchase Act (TOPA)

23.Ariana Thompson-Lastad

24.Sam Sokolsky

25.Keith Ray

26.Eva Shu

27.Katie DaQuino

28.Leah Mealey

29.Sylvia Chapman

30.Hector Malvido

31.Commission on Aging

32.43 similarly-worded form letters
Supplemental Communications and Reports 1
Item #25: Budget Referral: Expand Scope of the Downtown Streets

33.Supplemental material, submitted by Councilmember Kesarwani Item #28: Budget Referral for Accessibility Renovations for Luna Dance Institute

34.Supplemental material, submitted by Councilmember Hahn Item #29: Budget Referral: Hopkins Corridor Bike, Pedestrian, and Placemaking Improvements

35.Jeffrey Kaplan

36.Farid Javandel

37.Stephen DeGange

38.Clifford Brooks

39.Diana Bohn

40.Bill Van Atta

41.Bob Flasher
Item #30: Co-Sponsorship and Budget Referral for the Solano Avenue Stroll

42.Supplemental material, submitted by Councilmember Hahn Item #36: 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

43.Fred Krieger
Item #38a: Development of Crisis Stabilization Program in Berkeley

44.Supplemental material, submitted by Councilmember Taplin

Page 61 of 63 ends

Page 85 ends

Tuesday, April 26, 2022 MINUTES Page 21
Supplemental Communications and Reports 2
Item #29: Budget Referral: Hopkins Corridor Bike, Pedestrian, and Placemaking Improvements

45.Josie Gerst

46.Michael Katz

47.Donna Dediemar

48.David Brandon

49.Clifford Fred

50.Zelda Bronstein
Item #32: Issuance of $40,000,000 General Obligation Bonds for Measure O – Affordable Housing

51.Supplemental material, submitted by Finance
Item #33: ZAB Appeal: 1643-1647 California Street, Use Permit #ZP2021-0001

52.Sunny Grewal, on behalf of studio g+s Architects

53.Adam Safir
Item #38a: Development of Crisis Stabilization Program in Berkeley

54.Supplemental material, submitted by the Homeless Commission

55.Supplemental material, submitted by Councilmember Taplin Supplemental Communications and Reports 3
Item #4: Acceptance of Funding from University of California, Berkeley for Operation of the Rodeway Inn

56.Max Ventura

57.Elana Auerbach
Item #29: Budget Referral: Hopkins Corridor Bike, Pedestrian, and Placemaking Improvements

58.Marjorie Kirk

59.Holdan Puron

60.Shannon Mueller

61.Helen Toy

62.Meg Holm

63.Sujey Rana

64.David Hall

65.Eduardo Pineda

66.Susie Wallenstein

67.Mimi Chakarova
Item 32: Issuance of $40,000,000 General Obligation Bonds for Measure O – Affordable Housing

68.Presentation, submitted by Finance

Page 62 of 63 ends

Page 86 ends

Tuesday, April 26, 2022 MINUTES Page 22
Action Calendar – Public Hearings
Item 33: ZAB Appeal: 1643-1647 California Street, Use Permit #ZP2021-0001

69.Presentation, submitted by Planning and Development
Item 34: Zoning Ordinance Amendments that Address Technical Edits and Corrections to Berkeley Municipal Code (BMC) Title 23

70.Revised material, submitted by Planning and Development

71.Presentation, submitted by Planning and Development
Item #35: Submission of the Program Year 2022 (FY 2023) Annual Action Plan Containing Allocations of Federal Funds

72.Presentation, submitted by Health, Housing, and Community Services Action Calendar – New Business
Item #38a: Development of Crisis Stabilization Program in Berkeley

73.Berkeley Homeless Services Panel of Experts
Miscellaneous
Public Comments by Berkeley High School (BHS) Students

74.Moni Law, on behalf of BHS Students

Page 63 of 63 ends

Page 87 ends

Page 88 ends

CONSENT CALENDAR
May 31, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Resolution Supporting the Sale of 3404 King Street and transfer of the Turning Point transitional housing program for homeless youth from Fred Finch Youth Center to Larkin Street Youth Services

RECOMMENDATION
Adopt a Resolution supporting the sale of the property at 3404 King Street, currently owned by Fred Finch Youth Center (FFYC), to Larkin Street Youth Services (LSYS) to continue operating the Turning Point transitional housing program for homeless transition-aged youth. The proposed resolution would:
 Immediately forgive in full an outstanding City of Berkeley Housing Trust Fund loan on the property, with an outstanding balance of $305,000, otherwise set to be forgiven in 2027;
 Authorize the City Manager to enter into contract and necessary amendments with LSYS and reallocate the balance of the funding currently committed to FFYC through the FY20-23 Community Agency Funding RFP process, in an amount not to exceed $89,255 in FY23;
 Reallocate funding from contract with Covenant House California (Contract No. 31900239) when said contract terminates at the end of June 2022, in an amount not to exceed $318,000 for FY23, to LSYS.

FISCAL IMPACTS OF RECOMMENDATION
If approved, this resolution will have no net fiscal impacts to the City, but will result in the following budget actions:
 Forgiveness of an outstanding HTF loan with an outstanding balance of $305,000. Payments are currently not being received and this loan is otherwise set to be forgiven in full in 2027, meaning the net fiscal impacts are zero;  Transferring of the balance of funding, in an amount not to exceed $89,255 in FY23, from the existing contract with FFYC (Contract No. 31900257) to a new contract with LSYS;

Page 1 of 8 ends

Page 89 ends

Resolution Supporting the Sale and Transfer of 3404 King Street CONSENT CALENDAR and Turning Point Program May 31, 2022

Page 2 ends

 Transferring funding in an amount not to exceed $318,000 for FY23 contract with Covenant House California (contract No. 31900239) when said contract terminates at the end of June 2022 to LSYS;

CURRENT SITUATION AND ITS EFFECTS
The property at 3404 King Street is an existing two-story residential building consisting of eight rooms and shared common space including a kitchen, living room/lounge, community and recreational room, shared bathrooms and staff offices. The property is currently owned and operated by Fred Finch Youth Center (FFYC) for the purpose of providing affordable housing for up to 12 very low-income youth and young adults, ranging in ages 18 to 25. The site is located in the South Adeline subarea of the Commercial-Adeline Corridor (C-AC) zoning district. GLAs (Group Living Accommodations, including group homes) are allowed in this district at a density of one resident per 350 square feet (sq.ft.) of lot area; the lot, at 5,200 sq.ft., would thus allow 15 people if approved by a Use Permit. However, the property is currently governed by a Variance from 1980, approved when the property was not zoned for group living, which restricts the use to a “home for troubled adolescents” with a maximum capacity for 12 residents.

The property is further subject to affordability restrictions until July 1, 2052, per an existing Regulatory Agreement (RA), which restricts use of the property to providing “housing units permanently affordable to low-income youth.” In addition, a 30-year forgivable Housing Trust Fund loan subject to a Development Loan Agreement (DLA), for $305,000 and executed July 1, 1997, requires the project to provide permanent affordable housing to low-income youth. The entirety of this loan and its terms will be forgiven in 2027 so long as the programming at the site complies with the terms of the DLA (i.e., housing affordable to youth). Both the RA and the DLA were most recently codified in Council Resolution No. 62,090-N.S., which authorized the assignment and sale of the property and its restrictions in 2003 from Building Opportunities for Self- Sufficiency (BOSS) to FFYC.

Since that 2003 sale, FFYC has met these regulatory restrictions by operating the Turning Point transitional housing program for transition-aged youth experiencing homelessness at the site. This program is supported by a direct HUD Continuum of Care grant in the amount of $422,579 annually, and also receives City general funds through the City’s FY20-23 Community Agency Funding RFP process (in an amount not to exceed $189,255 in FY22 and $89,255 in FY23).

For several years, FFYC has been searching for a mission-driven organization to purchase the property and assume the HUD grant and the program that it supports.

However, given the very narrow restrictions on the property, finding a buyer has been extremely challenging, and previous efforts, most recently with Covenant House California in 2019, were unsuccessful. However, since January 2022, FFYC has been in discussion with Larkin Street Youth Services (LSYS) about sale of the property. If this

Page 2 of 8 ends

Page 90 ends

Resolution Supporting the Sale and Transfer of 3404 King Street CONSENT CALENDAR and Turning Point Program May 31, 2022

Page 3 ends

sale goes through, LSYS, an experienced nonprofit serving homeless transition-aged youth, would also assume the HUD grant to continue operating the 12 bed Turning Point program. Importantly, this sale would prevent Berkeley from losing the last remaining beds dedicated to homeless transition-aged youth in the City, and because the number of beds and scope of the program would not change, it would result in no functional changes to the use or net neighborhood impacts.

FFYC received formal Alameda County HUD CoC Board approval for the transfer of the HUD grant to LSYS on April 25. HUD will be notified in writing by early May and is expected to approve the request by June 30, 2022. In order for this proposal to pencil out for LSYS, however, the existing City of Berkeley Community Agency Funding that serves as local match to the HUD CoC grant would need to be transferred from FFYC to LSYS through FY23 (at which point LSYS will need to re-apply for the funding, along with every community agency receiving funding in the City). The FY22 Community Agency Funding Grant amount was increased one-time by $100,000 to $189,255, but is set to return to $89,255 in FY23. In order to offset the growing costs of the HUD CoC grant, which has been level-funded for years despite significantly growing operating costs, LSYS has requested that, if awarded the grant, the City commit an additional $100,000 to return the not-to-exceed amount to $189,255 in FY23. Staff have identified this source from an existing contract with Covenant House California for the YEAH! shelter, currently receiving $318,000 in Community Agency Funding; as this shelter is set to move to Hayward by June 30, 2022 and will no longer serve dedicated Berkeley referrals, the City Manager will terminate this contract effective June 30, 2022. To keep these existing funds dedicated to homeless youth, staff recommend reallocating $100,000 to Larkin Street to keep the Turning Point operating budget at FY22 levels.

In addition, staff recommend adding the remaining $218,000 to LSYS to administer transition support and rental assistance with housing retention services for Turning Point participants. This additional funding will increase the number of permanent housing options available to Turning Point participants.

In addition, the property itself needs repair and capital upgrades, including replacement of sewer lateral, foundation repair, and ADA-related upgrades to the bathrooms and kitchen. Council has already approved on April 26, and the City has written into its Annual Action Plan to HUD, a CDBG allocation of $377,404 with the potential of an additional 10%, for a total allocated amount not to exceed $415,144. This would need to remain in place after LSYS assumes ownership of the property to complete the rehabilitation and maintenance work. Staff have consulted with HUD and an expert consultant on the matter and have determined that no further action from the City is required to ensure the CDBG funding transfers to LSYS upon sale of the property, assuming that a required Environmental Review of the property is successfully completed prior to sale. At this time, the sale is not expected to occur before the

Page 3 of 8 ends

Page 91 ends

Resolution Supporting the Sale and Transfer of 3404 King Street CONSENT CALENDAR and Turning Point Program May 31, 2022

Page 4 ends

completion of the Environmental Review. If this changes and if any further Council action is required, staff will return to Council as soon as possible.

Finally, in order to obtain favorable financing terms on the acquisition debt, LSYS has requested that the Council waive the 1997 DLA for $305,000.

Staff recommend that Council approve these requests. Larkin Street, a $27M nonprofit provider and the largest Bay Area provider dedicated to ending homelessness for youth, is an experienced operator that serves more than 1,500 young people each year with an array of outreach, drop-in, employment, and wellness services, as well as more than 450 shelter, transitional, and supportive housing beds in San Francisco and rental assistance throughout the greater Bay Area. By continuing to operate the 12-bed youth transitional housing program currently operating at the site, Larkin Street will continue the exact program currently funded by the Community Agency Funding contract with FFYC. Importantly, they would also remain in compliance with the terms of the DLA; since the HTF loan will otherwise be fully forgiven in 2027, forgiving the loan early will have no net fiscal impacts to the City, nor would it change the affordability restriction or restriction to serve youth at the site--requirements which are codified in the RA governing the property and the variance to the property’s use permit, respectively, neither of which would be affected by this action. HHCS staff have performed due diligence of LSYS’s ability to adhere to the terms of the Regulatory Agreement and have identified no areas of concern. LSYS has been around since 1984, and have focused on specifically serving Transition-Aged Youth (TAY) since 1996. They are well established in the neighborhoods they serve and have the ability to secure funding they need to continue to serve the TAY population. The majority of their funding comes from a steady source of government agency contracts, as well as foundations and corporations, and have received satisfactory reviews from their funders. LSYS has the track record and experience to operate a successful transitional housing program with services targeted to the TAY community.

Finally, if this deal falls through, FFYC has advised staff that it will not commit to renewing the HUD funding for the program, which starts on 11/1/22, for lack of other viable operators. The FFYC Board of Directors has previously made a determination that the program is financially and administratively burdensome and asked that the organization make efforts to transfer the program, with retention of services if possible. Absent such a transfer, the Alameda County CoC would lose these funds altogether. Were this to occur, it would result in the loss of the last remaining beds dedicated to homeless transition-aged youth in Berkeley.

BACKGROUND
In 1980, the property at 3404 King Street was granted a Variance allowing the use as a “home for troubled adolescents” with a maximum capacity for 12. In 1997, the Council approved Resolution No. 58,877-N.S. approving a $305,000 housing trust fund loan for the property (for 30 years, through 2027), and the City finalized a Development Loan

Page 4 of 8 ends

Page 92 ends

Resolution Supporting the Sale and Transfer of 3404 King Street CONSENT CALENDAR and Turning Point Program May 31, 2022

Page 5 ends

Agreement on the property restricting the use of the property to housing affordable to youth. In 2000, the City placed a Regulatory Agreement and affordability covenant on the property through 2052. In 2003, the Council passed Resolution No. 62,090-N.S., authorizing an Assignment and Assumption Agreement of loan documents from BOSS to FFYC, and amending the agreement to reduce number of youth housed from 15 to 12, in compliance with the variance. In 2006, Council adopted Resolution No. 63,191- N.S., amending the agreement to allow FFYC to serve homeless youth between ages 14 and 25.

On March 2, 2022, HHCS gave Covenant House California a notice that the City intends to terminate its Community Agency Funding contract to operate the YEAH! shelter for transition-aged youth; this contract will end on June 30, 2022.

On April 25, 2022, FFYC and LSYS received formal Alameda County HUD CoC Board approval for the proposed transfer of the HUD grant to LSYS, a move that HUD is expected to approve.

On April 26, 2022, Council approved a Community Development Block Grant (CDBG) allocation of $377,404 with the potential of an additional 10%, for a total allocated amount not to exceed $415,144, to perform maintenance and capital rehabilitation on the 3404 King Street property.

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

RATIONALE FOR RECOMMENDATION
Adopting this resolution would have a number of benefits with no net fiscal impacts to the City. Specifically:
 It would help prevent Berkeley from losing the last remaining interim beds dedicated to homeless youth in the City and assist with TAY permanent housing exits.
 It would reassign Community Agency Funding from the General Fund, already committed to FFYC for a 12-bed transitional housing program, to an experienced operator (Larkin Street Youth Services) to continue operating the exact same program. It would also ensure that Community Agency Funding currently committed to Covenant House California would remain committed to serving homeless youth in Berkeley when that contract terminates.  There would be no change in the use of the property nor the number of beds, thus minimizing any functional impacts to the neighborhood. LSYS has been advised that any changes to the number of beds would require a new use permit.  Forgiving the $305,000 HTF loan would not change the restriction for using the property for youth, which is otherwise codified in the underlying Regulatory Agreement and the variance to the property’s use permit, and since the loan is

Page 5 of 8 ends

Page 93 ends

Resolution Supporting the Sale and Transfer of 3404 King Street CONSENT CALENDAR and Turning Point Program May 31, 2022

Page 6 ends

set to be forgiven in full in 2027 anyway, there would be no net revenue loss to the City.

ALTERNATIVE ACTIONS CONSIDERED
Council could decide not to approve this recommendation. This would likely result in the closure of the Turning Point program, the loss of $422,579 in federal homeless funding and the loss of the last remaining beds dedicated to homeless youth in the City, worsening the City’s shelter crisis.

CONTACT PERSON
Peter Radu, Assistant to the City Manager, 510-981-7045.

Margot Ernst, Housing and Community Services Manager, 510-981-5427.

Attachments:
1: Resolution

Page 6 of 8 ends

Page 94 ends

RESOLUTION NO. XX,XXX N.S.

SUPPORTING THE SALE OF REAL PROPERTY AT 3404 KING STREET AND

TRANSFER OF THE FUNDING ASSOCIATED WITH THE TURNING POINT

TRANSITIONAL HOUSING PROGRAM FOR HOMELESS YOUTH FROM FRED FINCH

YOUTH CENTER TO LARKIN STREET YOUTH SERVICES
WHEREAS, the real property at 3404 King Street, Berkeley, CA 94703 is currently owned by Fred Finch Youth Center and utilized for the operation of the 12-bed Turning Point transitional housing program for homeless transition-aged youth, pursuant to the terms of a variance to the property’s use permit; and
WHEREAS, 3404 King St is subject to the terms of a 2000 Regulatory Agreement restricting the affordability of the property through 2052; and WHEREAS, 3404 King St is further subject to a 1997 Development Loan Agreement governing a $305,000 Housing Trust Fund Loan, forgivable in full in 2027 so long as the property owner continuously uses the site for housing that is permanently-affordable to low-income youth; and
WHEREAS, Fred Finch Youth Center receives $422,579 annually from the US Housing and Urban Development Department’s Continuum of Care (HUD CoC) program to operate the Turning Point program; and
WHEREAS, Fred Finch Youth Center also receives, as local match to this HUD CoC grant, $189,255 in FY22 and would receive $89,255 in FY23 through the FY20-23 Community Agency Funding RFP process; and
WHEREAS, due to the condition of the property, the City Council allocated $415,144 in Community Development Block Grant (CDBG) funds to Fred Finch to perform necessary repairs and capital upgrades to the site; and
WHEREAS, the Fred Finch Youth Center Board of Directors has determined that continuing to operate the Turning Point program is no longer financially viable, and has requested that the organization attempt to transfer the property, the program and its services to a qualified agency; and
WHEREAS, Fred Finch has requested Immediate forgiveness in full of the outstanding Housing Trust Fund loan on the property, with an outstanding balance of $305,000, otherwise set to be forgiven in 2027; and
WHEREAS, staff intend to terminate an existing contract with Covenant House California in June 2022, thus freeing up city general fund resources currently committed to homeless transition-aged youth; and

Page 7 of 8 ends

Page 95 ends

May 31, 2022

Page 2 ends

WHEREAS, Larkin Street Youth Services, based in San Francisco, is an experienced and qualified nonprofit provider serving homeless youth in the Bay Area, and intends to purchase the property at 3404 King Street, assume its regulatory requirements, and continue operation of the Turning Point Program; and
WHEREAS, Larkin Street Youth Services and Fred Finch Youth Center have received verbal commitment from the Alameda County CoC that it intends to support the transfer of the HUD grant for Turning Point from Fred Finch to Larkin Street; and WHEREAS, City staff have performed due diligence on Larkin Street and have determined that they are capable of meeting the regulatory requirements governing the 3404 King Street Property; and
WHEREAS, if this transfer were to fall through, Fred Finch Youth Center has decided to close the Turning Point program effective October 31, 2022; and WHEREAS, the City Council passed Resolution No. 70,179–N.S. on January 18, 2022, extending the declaration of a shelter crisis in Berkeley; and WHEREAS, Turning Point provides the last 12 interim beds in Berkeley dedicated to homeless youth, an especially vulnerable population requiring specialized and dedicated services, and the loss of these beds would be inconsistent with the Council’s shelter crisis declaration.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes the City Manager to enter into a contract and necessary amendments with Larkin Street Youth Services and reallocate existing Community Agency Funding grants currently dedicated to Fred Finch Youth Center and Covenant House California to Larkin Street, in an amount not to exceed $407,255 for FY23.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley forgives in full the Housing Trust Fund loan of $305,000 tied to 3404 King Street, and authorizes the City Manager to execute all necessary documents for the loan forgiveness.

Page 8 of 8 ends

Page 96 ends

CONSENT CALENDAR
May 31, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Commission Reorganization: Amendments to Berkeley Municipal Code Section 7.52.190 (Homeless Services Panel of Experts)

RECOMMENDATION

2. Adopt a Resolution rescinding Resolution No. 60,647-N.S. which established the Homeless Commission.

FISCAL IMPACTS OF RECOMMENDATION
Unifying the Homeless Commission with the Homeless Services Panel of Experts will reduce staffing costs associated with oversight committees dedicated to specific bonds and measures.

CURRENT SITUATION AND ITS EFFECTS
On June 15, 2021, City Council directed the City Manager and City Attorney to amend commissions’ enabling legislation to support a phased reorganization of the existing commission structure. The first phase of the recommendation called for the City Manager to, “prioritize merging the Homeless Commission/Homeless Services Panel of Experts and Housing Advisory Commission/Measure O Bond Oversight Committee first, and request that the City Manager bring back changes to the enabling legislation to implement these consolidated commissions.”
While BMC Section 7.52.190 states that the HSPOE should make recommendations on how and to what extent the City should establish and/or fund programs to end or prevent homelessness in Berkeley and provide humane services and support, their recommendations to date have been restricted to how Measure P funding has been or should be allocated. Further, turnover of commissioners has been high on both commissions with several appointed commissioners vacating their seats within the first four months of their appointment; each commission currently has vacant seats.

Additionally, there is overlap of representation on the two commissions as the chairs of each commission also sit as members on the other commission. The proposed revisions

Page 1 of 22 ends

Page 97 ends

Amendments to Berkeley Municipal Code Chapter 7.52.190 CONSENT CALENDAR (Homeless Services Panel of Experts) May 31, 2022

Page 2 ends

to the enabling legislation of the HSPOE includes a provision that all prior service on the Homeless Commission count toward the eight-year limit of service.

BACKGROUND
BMC Section 7.52.190 states that the Homeless Services Panel of Experts shall “make recommendations on how and to what extent the City should establish and/or fund programs to end or prevent homelessness in Berkeley and provide humane services and support.” The Berkeley Homeless Commission was established on June 27, 2000 through Resolution No. 60,647-N.S. to replace the Independent Task Force on Homelessness to “monitor and assist in the City’s progress in implementing needed homeless services and facilities, invite service providers and other interested members of the community to attend its meetings, report its recommendations concerning homeless services and facilities to the City Council, perform the federally mandated role of advising Council in the development and implementation of the Continuum of Care Plan, and continue making annual funding recommendations to Council regarding the disbursement of Measure O and other related funds.”

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Consolidating these commissions could reduce vehicle miles travelled and greenhouse gas emissions for staff, commissioners, and members of the public who will travel to meetings via automobile once COVID restrictions are lifted.

RATIONALE FOR RECOMMENDATION
By consolidating the HSPOE and Homeless Commission into one commission, commissioners will be empowered to make recommendations on how and to what extent the City should establish and/or fund programs to end or prevent homelessness in Berkeley without any ambiguity on their role to advise City Council. Recruitment and retention of skilled commissioners should also increase because there will be fewer seats to maintain and the purpose of the commission will be well defined. It will also reduce the amount of work for city staff, as well as commissioners currently representing seats in both commissions, by reducing monthly meeting time by half. Finally, the recommendations to City Council regarding Homeless Programs will be streamlined and clear.

ALTERNATIVE ACTIONS CONSIDERED
The Council could take no action and continue to maintain two separate commissions for oversight of the City’s Homeless Programs.

CONTACT PERSON
Josh Jacobs, Homeless Services Coordinator, Neighborhood Services, 510-225-8035.

Attachments:
1: Ordinance
2: Resolution
3: June 15, 2021 Council Report
4: Resolution Number 60,647-N.S.

Page 2 of 22 ends

Page 98 ends

ORDINANCE NO. -N.S.

AMENDING BERKELEY MUNICIPAL CODE SECTION 7.52.190 HOMELESS

SERVICES PANEL OF EXPERTS
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Section 7.52.190 is amended to read as follows:

7.52.190 Homeless services panel of experts.

A. There shall be established the Homeless Services Panel of Experts to make recommendations on how and to what extent the City should establish and/or fund programs to end or prevent homelessness in Berkeley and provide humane services and support.

B. An officer or employee of the City designated by the City Manager shall serve as secretary of the Panel.

C. In accordance with Chapter 2.04, the Panel shall be composed of nine members appointed by the City Council.

D. Terms shall expire and vacancies shall be filled in accordance with the provisions of Section 2.04.030 through 2.04.145 of this Code.

E. Each member of the Panel must:

1. Have experience in the development, administration, provision and/or evaluation of homeless programs in a government or non-profit capacity; or

2. Have current or past lived experience with homelessness; or

3. Have experience in researching the causes, impacts and solutions to homelessness; or

4. Have experience with state and/or local homeless policy, funding or programs; or

5. Have experience with federal homeless policy and funding administration such as the Continuum of Care Program; or

6. Have experience in the development and financing of affordable housing for formerly homeless persons; or

7. Have experience in the provision of mental health and/or substance use programs for homeless persons.

Page 3 of 22 ends

Page 99 ends

F. In accordance with Section 3.02.040, members of the Panel may be reappointed but shall not serve more than eight consecutive years.

1. For purposes of determining term limits under Section 3.02.040, a commissioner’s service on the Homeless Commission shall be counted toward their service upon their appointment to the Homeless Services Panel of Experts.

G. The Panel shall, by majority vote, do each of the following:

1. Annually appoint one of its members as chair and one of its members as vice- chair;

2. Approve bylaws to facilitate the proper functioning of the Panel;

3. Establish a regular time and place of meeting. All meetings shall be noticed as required by law and shall be scheduled in a way to allow for maximum input from the public. Minutes for each meeting shall be recorded, kept, and maintained; and

4. Publish an annual report that includes the following:
a. Recommendations on how to allocate the City’s general funds to fund homeless services programs in Berkeley;
b. Information, if available, concerning the impact of funded programs on the residents of the City; and
c. Any additional information that the Panel deems appropriate.

H. Within 15 days of receipt of the publication of the Panel’s annual report, the City Manager shall cause the report to be published on the City’s Internet website and to be transmitted to the City Council.

I. The revenue raised by the tax imposed by Section 7.52.040 is available to pay the usual and current expenses of conducting the municipal government of the City, as determined by the City Council. The City Council shall consider, but need not follow, the Panel’s recommendations on how and to what extent to use this revenue to establish and/or fund programs to pay for homeless services and shall annually inform the Panel as to the extent to which it has implemented the Panel’s recommendations.

J. The Homeless Services Panel of Experts shall also perform the following functions:

1. Continue the ongoing function previously performed by the Homeless Commission of monitoring and assisting in the City's progress in implementing needed homeless services and facilities;

Page 4 of 22 ends

Page 100 ends

2. Invite service providers and other interested members of the community to attend its meetings;

3. Report its recommendations concerning homeless services and facilities to the City Council;

4. Perform the federally mandated role of advising Council in the development and implementation of the Continuum of Care Plan;

5. Continue making annual funding recommendations to Council regarding the disbursement of Measure O and other related funds; and

6. Operate for an indefinite period of time.

Section 2. 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.

Page 5 of 22 ends

Page 101 ends

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

RESCINDING RESOLUTION NO. 60,647-N.S., ESTABLISHING THE HOMELESS

COMMISSION
WHEREAS, Resolution No. 60,647-N.S. established the Berkeley Homeless Commission to assist the City’s progress in implementing needed homeless services and facilities; WHEREAS, Berkeley Municipal Code Chapter 7.52.190 established the Homeless Services Panel of Experts to make recommendations on how and to what extent the City should establish and/or fund programs to end or prevent homelessness in Berkeley and provide humane services and support.

WHEREAS, on June 15, 2021 the City Council directed staff and the City Attorney to bring forward actions to consolidate certain existing City Boards and Commissions; and WHEREAS, the City Council asked that Berkeley’s existing Homeless Commission and Homeless Services Panel of Experts be consolidated; and WHEREAS, on June 27, 2000 the City Council adopted Resolution 60,647-N.S. which established the Berkeley Homeless Commission; and
WHEREAS, on May 31, 2022 staff brought forward an Ordinance to amend the enabling legislation for the Homeless Services Panel of Experts (Berkeley Municipal Code Section

7.52.190) to add the functions of the Homeless Commission as found in Resolution No. 60,647-N.S.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Resolution No. 60,647-N.S., which established the Homeless Commission, and any amending resolutions, are hereby rescinded.

Page 6 of 22 ends

Page 102 ends

1 Lori Droste
Berkeley Vice Mayor

ACTION CALENDAR
June 15, 2021
(Continued from May 25, 2021)

To: Honorable Mayor and Members of the City Council

From: Councilmember Lori Droste (Author), Councilmembers Rigel Robinson (Co-Sponsor), Rashi Kesarwani (Co-Sponsor) and Mayor Jesse Arreguín (Co-Sponsor)

Subject: Commission Reorganization for Post-COVID19 Budget Recovery

RECOMMENDATION

1. Refer to the City Manager and City Attorney to bring back changes to the enabling legislation to reorganize existing commissions as proposed below in a phased approach.

Phase 1: Prioritize merging the Homeless Commission/Homeless Services Panel of Experts and Housing Advisory Commission/Measure O Bond Oversight Committee first, and request that the City Manager bring back changes to the enabling legislation to implement these consolidated commissions.

Phase 2: All other Commissions as proposed below.

As staff is able to make recommendations on consolidation, they can bring those recommendations forward one by one.

New Commission Name Former Commissions to be Reorganized Commission on Climate and the
Environment
Zero Waste, Energy, Community Environmental Advisory, and Animal Care

Page 1 of 13 ends

Page 103 ends

2 Parks, Recreation, Waterfront (special
Marina subcommittee)
Children, Youth, and Recreation and Parks and Waterfront Peace, Justice, and Human Welfare1 Peace and Justice and Human Welfare, Community Action Commissions
Public Health Commission & Sugar
Sweetened Beverage Panel of Experts
Community Health Commission and Sugar Sweetened Beverage Panel of Experts
Housing Advisory Commission Measure O and Housing Advisory Commission Homeless Services Panel of Experts Homeless Commission and Measure P Homeless Services Panel of Experts
Public Works and Transportation Public Works and Transportation Planning Planning and Cannabis
All other commissions will maintain their current structure: Aging, Library Board of Trustees, Civic Arts, Disability, Commission on the Status of Women, Design Review Committee, Disaster and Fire Safety, BIDs, Fair Campaign Practices and Open Government, Redistricting, Landmarks Preservation, Labor, Loan Adjustments Board, Personnel, Planning, Police Review/Accountability, Reimagining Public Safety, Mental Health, Zoning Adjustments Board, and Youth

2. Refer to staff to develop recommendations on the transition to new consolidated commissions and the effective date of the changes.

3. Consider establishing 18 members on the new Climate and Environment Commission and establishing specific subcommittees focused on the policy areas of the merged commissions.

4. The Peace, Justice and Human Welfare Commission will be composed of only Mayor and Council appointees.

5. Refer to City Manager and Commissions the following additional considerations:
- Federal, state or other external mandates that might be impacted, and determine how to handle.
- Whether charters of to-be-merged Commissions were adopted by City Council, through measures or initiatives passed by voters, or are by Charter, and by what means they might be merged/adjusted
1 Members will be appointed by Council and membership should adhere to Government Code Section 12736(e); 12750(a)(2) and 12751.

Page 2 of 13 ends

Page 104 ends

3 - What elements of each Commission to keep, update, or retire, as well as relevant topics/issues not currently covered that might be added to a more comprehensive and/or relevant merged Commission’s charter. - Whether the merged Commission might include 9, or a greater number of members.
- The possibility of requiring specific qualifications for appointment to the merged Commission.
- The possibility of recommended or required Standing Committees of the Merged Commission
- Volunteer workload and capacity given scope of Commission’s charter Policy Committee Oversight2 Commissions
Agenda and Rules 1. Fair Campaign Practices/Open Government Commission

2. Personnel Board
Budget and Finance (Any legislation that requires funding) Public Safety 1. Disaster and Fire Safety Commission

2. Police Accountability Board/Police Review
Commission

3. Reimagining Public Safety Task Force
Facilities, Infrastructure, Transportation
and the Environment

1. Commission on the Environment

2. Parks, Recreation and Waterfront with Marina
subcommittee

3. Public Works and Transportation
Land Use and Economic Development 1. Measure O Housing Commission

2. Planning Commission

3. Labor

4. Civic Arts Commission
Health, Equity, Life Enrichment, and
Community

1. Peace, Justice, and Civil Rights

2. Health and Sugar Sweetened Beverage Panel of
Experts

3. Homeless Services Panel of Experts

4. Mental Health Commission (state/federal mandate)

5. Commission on the Status of Women

6. Disability Commission
2 Primary policy committee oversight but legislation may be referred to multiple policy committees.

Page 3 of 13 ends

Page 105 ends

4 Other Commissions: Zoning Adjustments Board (DRC), Landmarks Preservation, Board of Library Trustees, BIDs, Independent Redistricting Commission, Loan Administration Board

POLICY COMMITTEE RECOMMENDATION
On April 5, 2021, the Agenda and Rules Committee made a qualified positive recommendation to City Council to:

1. Refer to the City Manager and City Attorney to bring back changes to the enabling legislation to reorganize existing commissions as proposed below in a phased approach.

Phase 2: All other Commissions as proposed below.

As staff is able to make recommendations on consolidation, they can bring those recommendations forward one by one.

New Commission Name
(suggested)
Former Commissions to be Reorganized
Commission on Climate and the
Environment
Zero Waste, Energy, Community Environmental
Advisory, and Animal Care
Parks, Recreation, Waterfront
(special Marina subcommittee)
Children, Youth, and Recreation and Parks and
Waterfront
Peace, Justice, and Human Welfare Peace and Justice Commission and Human Welfare and Community Action Commission
Public Health Commission & Sugar
Sweetened Beverage Panel of
Experts
Community Health Commission and Sugar Sweetened
Beverage Panel of Experts
Housing Advisory Commission Measure O and Housing Advisory Commission Homeless Services Panel of
Experts
Homeless Commission and Measure P Homeless
Services Panel of Experts

Page 4 of 13 ends

Page 106 ends

5 Public Works and Transportation Public Works and Transportation Planning Planning and Cannabis
All other commissions will maintain their current structure: Aging, Library Board of Trustees, Civic Arts, Disability, Commission on the Status of Women, Design Review Committee, Disaster and Fire Safety, BIDs, Fair Campaign Practices and Open Government, Redistricting, Landmarks Preservation, Labor, Loan Adjustments Board, Personnel, Planning, Police Review/Accountability, Reimagining Public Safety, Mental Health, Zoning Adjustments Board, and Youth

2. Refer to the Commissions impacted a process to determine the charge/responsibilities of the newly merged commissions, and bring Commission input to the appropriate Policy Committees (as proposed by Vice-Mayor Droste in 4/5/21 submittal) for further recommendations to the City Manager on revised charge/responsibilities of merged commissions.

3. Refer to staff to develop recommendations on the transition to new consolidated commissions and the effective date of the changes.

4. Consider establishing 18 members on the new Climate and Environment Commission and establishing specific subcommittees focused on the policy areas of the merged commissions.

5. The Peace, Justice and Human Welfare Commission will be comprised of only Mayor and Council appointees.

6. Refer Councilmember Hahn questions to City Manager and Commissions:
“Commissions to Combine/Merge - Suggested Considerations”  Federal, state or other external mandates that might be impacted, and determine how to handle
 Whether charters of to-be-merged Commissions were adopted by City Council, through measures or initiatives passed by voters, or are by Charter, and by what means they might be merged/adjusted
 What elements of each Commission to keep, update, or retire, as well as relevant topics/issues not currently covered that might be added to a more comprehensive and/or relevant merged Commission’s charter.
 Whether the merged Commission might include 9, or a greater number of members.
 The possibility of requiring specific qualifications for appointment to the merged Commission.
 The possibility of recommended or required Standing Committees of the Merged Commission
 Volunteer workload and capacity given scope of Commission’s charter

Page 5 of 13 ends

Page 107 ends

6 PROBLEM/SUMMARY STATEMENT
Commissions provide an important mechanism for residents to shape public policy and provide input on City business. However, the City of Berkeley maintains far more commissions than other cities of similar size, with a significant investment of City resources to staff all 37 commissions. Some commission secretaries report spending upwards of 20+ hours per week on commission business, which takes valuable time away from addressing other pressing City priorities. The local public health emergency created by the global COVID-19 pandemic has required City staff to shift to new roles and maintain an Emergency Operations Center since January 2020; recovery from the pandemic will continue to demand the full attention of our City staff for the foreseeable future. Given the uncertainties that our City faces in recovering from the COVID-19 pandemic and the demands that this recovery places on our City staff, it is an appropriate time to consider how best to consolidate our commissions in a manner that helps the City to achieve its core mission.

REITERATION OF PRINCIPLES
Commissions are a fundamental part of the City’s policymaking process. Members of boards and commissions provide an invaluable service to our City. They advise the City Council on a wide variety of subjects by making recommendations on important policy matters. Without the assistance of the various boards and commissions, the City Council could give many complex and significant matters only a perfunctory review. The detailed studies and considered advice of boards and commissions are often catalysts for innovative programs and improved services. Serving on a board or commission can be a rewarding experience for community service– minded residents. It is an excellent way to participate in the functioning of local government and to make a personal contribution to the improvement of our community. Making local government effective and responsive is everybody’s responsibility.
● The Public Works Commission, for example, develops the City’s five year paving plan which they then present to City Council for approval. Through extensive community outreach and research, the Commission identifies the streets most in need of repaving.
● With the passage of Measure D in 2014, a Panel of Experts on Sugar-Sweetened Beverages has guided the City’s spending of over $5 million in revenue generated from the Measure. Those dollars have bolstered local public campaigns and education initiatives.

Page 6 of 13 ends

Page 108 ends

7 These are merely two examples of the powerful role that Commissions play in City policymaking.

CURRENT SITUATION AND ITS EFFECTS
Current Commission Structure
The City of Berkeley has approximately thirty-seven commissions overseen by city administration, most of which have at least nine members and who are appointed by individual councilmembers. These commissions were intended to be a forum for public participation beyond what is feasible at the City Council, so that issues that come before the City Council can be adequately vetted.

Some commissions are required by charter or mandated by voter approval or state/federal mandate. Those commissions are the following:

1. Board of Library Trustees (charter)

2. Business Improvement Districts (state mandate)

3. Civic Arts Commission (charter)

4. Community Environmental Advisory Commission (state/federal mandate-- CUPA)

5. Fair Campaign Practices Commission/Open Government (ballot measure)

6. Homeless Services Panel of Experts (ballot measure)

7. Housing Advisory Commission (state/federal mandate)

8. Human Welfare and Community Action (state/federal mandate)

9. Measure O Bond Oversight Committee (ballot measure)

10. Mental Health Commission (state/federal mandate)

11. Personnel (charter)Police Review Commission (ballot measure)

12. Sugar-Sweetened Beverages (ballot measure)

Berkeley must have its own mental health commission because of its independent Mental Health Division. In order to receive services, the City needs to have to have an advisory board. Additionally, Berkeley’s Community Environmental Advisory Commission is a required commission in order to oversee Certified Unified Program Agency (CUPA) under California’s Environmental Protection Agency. Additionally, some commissions serve other purposes beyond policy advisories. The Children, Youth and Recreation Commission, Housing Advisory Commission, and the Human Welfare and Community Action Commission advise Council on community agency funding.

However, some of the aforementioned quasi-judicial and state/federal mandated commissions do not need to stand independently and can be combined to meet mandated goals.

The Importance of Commissions

Page 7 of 13 ends

Page 109 ends

8 Commissions serve a vital role in the City of Berkeley’s rich process of resident engagement. An analysis of agendas over the past several years shows that the commissions have created policy that have benefited the community in meaningful and important ways. In 2020, 14 of the 16 commission items submitted to Council passed.

From 2016-2020, an average of 34 items were submitted by commissions to Council for consideration.

The City’s Health, Housing and Community Development department serves an important role in addressing COVID-19, racial disparities, inequitable health outcomes, affordable housing, and other important community programs. Additionally, Health, Housing, and Community Development also staffs ten commissions, more than many cities of Berkeley’s size. Council needs to wrestle with these tradeoffs to ensure that we seek the maximum benefit for all of the Berkeley community, particularly our most vulnerable.

Commission Structures in Neighboring Jurisdictions
In comparison to neighboring jurisdictions of similar size, Berkeley has significantly more commissions. The median number of commissions for these cities is 12 and the average is 15.

Comparable
Bay Area City
Population
(est.)
Number of
Commissions Links
Berkeley 121,000 37
https://www.cityofberkeley.info/uploadedFiles/Clerk/Level_3_- _Commissions/External%20Roster.pdf
Antioch 112,000 6https://www.antiochca.gov/government/boards-commissions/ Concord 130,000 14
https://www.cityofconcord.org/264/Applications-for-Boards-Committees- Commi
Daly City 107,000 7
http://www.dalycity.org/City_Hall/Departments/city_clerk/Commissions_Inf ormation/boards.htm
Fairfield 117,000 7https://www.fairfield.ca.gov/gov/comms/default.asp Fremont 238,000 15https://www.fremont.gov/76/Boards-Commissions-Committees Hayward 160,000 12https://www.hayward-ca.gov/your-government/boards-commissions

Page 8 of 13 ends

Page 110 ends

9 Richmond 110,000 29https://www.ci.richmond.ca.us/256/Boards-and-Commissions San Mateo 105,000 7https://www.cityofsanmateo.org/60/Commissions-Boards Sunnyvale 153,000 10https://sunnyvale.ca.gov/civicax/filebank/blobdload.aspx?blobid=22804 Vallejo 122,000 17http://www.ci.vallejo.ca.us/cms/one.aspx?pageId=22192

To understand the impact on various departments and staffing capacity, the following table shows which departments are responsible for overseeing various commissions.

Staffing and Resources Supporting Berkeley’s Current Commission Structure Commission Name
Overseeing Department (Total Commissions in
Department)
Animal Care Commission City Manager (8)
Civic Arts Commission City Manager (8)
Commission on the Status of Women City Manager (8)
Elmwood BID Advisory Board City Manager (8)
Loan Administration Board City Manager (8)
Peace and Justice Commission City Manager (8)
Solano Ave BID Advisory Board City Manager (8)
Cannabis Commission Planning (7)
Community Environmental Advisory Commission Planning (7) Design Review Committee Planning (7)
Energy Commission Planning (7)
Landmarks Preservation Commission Planning (7)
Planning Commission Planning (7)
Zoning Adjustments Board Planning (7)

Page 9 of 13 ends

Page 111 ends

10 Children, Youth, and Recreation Commission Parks (3) Parks and Waterfront Commission Parks (3)
Youth Commission Parks (3)
Commission on Aging Health, Housing, and Community Services (HHCS) (10)
Commission on Labor HHCS (10)
Community Health Commission HHCS (10)
Homeless Commission HHCS (10)
Homeless Services Panel of Experts HHCS(10)
Housing Advisory Commission HHCS (10)
Human Welfare & Community Action Commission HHCS (10)
Measure O Bond Oversight Committee HHCS (10)
Mental Health Commission HHCS (10)
Sugar-Sweetened Beverage Product Panel of Experts HHCS (10) Disaster and Fire Safety Commission Fire (1)
Commission on Disability Public Works (4)
Public Works Commission Public Works (4)
Transportation Commission Public Works (4)
Zero Waste Commission Public Works (4)
Fair Campaign Practices Commission/Open Government
Commission
City Attorney (1)
Personnel Board Human Resources (1)

Page 10 of 13 ends

Page 112 ends

11 Police Review Commission/Police Accountability Board Police Review Commission/Police Accountability Board Staff
Reimagining Public Safety Task Force City Manager *(8) and BPD (2) Board of Library Trustees Library (1)
Gray=charter
Red=state/federal mandate
Yellow=quasi-judicial
Blue=ballot initiative
Orange=state/federal mandate and quasi-judicial
Green=quasi-judicial and ballot initiative

The departments that staff more than five commissions are Health, Housing, and Community Services (10 commissions), Planning (7 commissions), and the City Manager’s department (8 commissions). At the same time, some smaller departments (e.g. the City Attorney’s office) may be impacted just as meaningfully if they have fewer staff and larger individual commission workloads.

Policy Committee Structure Expands Opportunities for Public Input With the recent addition of policy committees, proposed legislation is now vetted by councilmembers in these forums. Each policy committee is focused on a particular content area aligned with the City of Berkeley’s strategic plan and is staffed and an advisory policy body to certain city departments. Members of the public are able to provide input at these committees as well. The policy committees currently have the following department alignment:

Department and Policy Committee alignment

1. Agenda and Rules–all departments

2. Budget and Finance–City Manager, Clerk, Budget, and Finance

3. Land Use and Economic Development–Clerk, Planning, HHCS, City Attorney, and City Manager (OED)

4. Public Safety–Clerk, City Manager, Police, and Fire

5. Facilities, Infrastructure, Transportation, Environment and Sustainability (Clerk, City Manager, Planning, Public Works, and Parks)

6. Health, Equity, Life Enrichment, and Community (Clerk, City Manager, HHCS)

Staffing Costs
Based upon preliminary calculations of staff titles and salary classifications, the average commission staff secretary makes roughly $60-$65/hour. Based upon recent interviews with secretaries and department heads, individual commission secretaries work

Page 11 of 13 ends

Page 113 ends

12 anywhere from 8-80 hours a month staffing and preparing for commission meetings. To illustrate this example, a few examples are listed below.

Commission Step 5 Rate
of Pay
Reported
Hours a Month
Total Direct Cost of
Commission per Month
Animal Care $70.90 8 $567.20
Landmarks Preservation
Commission
$57.96 80 $4,636.80

Design Review Commission $52.76 60 $3,165.60

Peace and Justice $60.82 32 $1,946.24

It is extremely challenging to estimate a specific cost of commissions in the aggregate because of the varying workload but a safe estimate of salary costs dedicated to commissions would be in the six-figure range.

Many commissions--particularly quasi-judicial and land use commissions– require more than one staff member to be present and prepare reports for commissions. For example, Zoning Adjustment Board meetings often last five hours or more and multiple staff members spend hours preparing for hearings. The Planning Department indicates that in addition to direct hours, additional commission-related staff time adds an extra 33% staff time. Using the previous examples, this means that the Landmarks Preservation Commission would cost the city over $6,000 in productivity while the Design Review Commission would cost the City over $4,000 a month.

Productivity Losses and Administrative Burden
Current productivity losses are stark because of the sheer amount of hours of staffing time dedicated to commissions. As an example, in 2019 one of the City of Berkeley’s main homeless outreach workers staffed a commission within the City Manager’s department. She spent approximately 32 hours a month working directly on commission work. While this is not a commentary on a particular commission, this work directly impacted her ability to conduct homeless outreach.

RATIONALE FOR RECOMMENDATION

Page 12 of 13 ends

Page 114 ends

13 At a time when the City needs to demonstrate efficiency and fiscal restraint, the current commission structure is costly and duplicative. At the same time, civic engagement and commission work absolutely deserve an important role in Berkeley. Consequently, this legislation retains commissions but centers on overall community benefit, staff productivity, and associated costs. This is imperative to address, especially in light of COVID-19 and community demands for reinvestment in important social services.

FISCAL IMPACTS
Significant savings associated with reduced staffing.

CONTACT
Vice Mayor Lori Droste 510-981-7180

Page 13 of 13 ends

Page 115 ends

Page 20 of 22 ends

Page 116 ends

Page 21 of 22 ends

Page 117 ends

Page 22 of 22 ends

Page 118 ends

CONSENT CALENDAR
May 31, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Assessments: Berkeley Tourism Business Improvement District

RECOMMENDATION
Adopt a Resolution approving the Annual Report of FY 2022 and preliminary budget for FY23 for the Berkeley Tourism Business Improvement District (BTBID) as recommended by the BTBID Owners’ Association.

FISCAL IMPACTS OF RECOMMENDATION
The BTBID levies an annual assessment of one percent (1%) of gross short-term room rental revenue for lodging establishments. Annual assessment funds will be deposited and expended from the Tourism BID Fund. Based on City of Berkeley proposed budget revenue projections for the Transient Occupancy Tax (TOT) for FY 2023 (made in the second quarter of FY22) and spring 2022 hotel occupancy rates, the BTBID budgeted to receive $425,000 in funding for FY 2023. As of March 2022, the City of Berkeley’s TOT projection for FY 2023 is $4,515,000. That would mean the TBID revenue would be $376,250 in FY 2023. This is $48,750 less than what Visit Berkeley staff have optimistically estimated in their preliminary evaluation for the FY 2023 Tourism BID assessment. Both parties understand that the actual amount may change in the coming months, reflecting the state of the pandemic and corresponding economic recovery. The City retains a fee equal to one percent (1%) of the amount of assessment collected to cover its costs of collection and administration associated with the Tourism BID.

The exact amount of any FY 2022 BTBID fund balance will only be known with certainty in August 2022. This is because the City collects BTBID assessments on a monthly basis along with Transient Occupancy Taxes (TOT). As a result, the finance department will only know the receipts for June 2022 after those assessments are collected at the beginning of July 2022. If revenues come in higher than anticipated, the Office of Economic Development will determine the amount and make a one-time “true up” payment for FY2022 during FY 2023. The appropriation of these additional funds will be included as a one-time “true up” payment with the amount articulated and authorized in the First Amendment to the FY 2023 Annual Appropriations Ordinance (November 2022).

Page 1 of 12 ends

Page 119 ends

Assessments: Berkeley Tourism Business Improvement District CONSENT CALENDAR May 31, 2022

CURRENT SITUATION AND ITS EFFECTS
The Convention and Visitors Bureau, known as Visit Berkeley, has an active contract with the City to implement the Management District Plan for the Tourism Business Improvement District through FY 2027 to support tourism marketing and promotion.

Under the Property and Business Improvement District Law of 1994 (California Streets and Highways Code section 36600 et.seq.) the City Council may approve an Annual Report prepared by the Tourism Business Improvement District Owners’ Association with a proposed budget for the next year. Accordingly, at its meeting on April 13, 2022, the BTBID Owners’ Association voted to approve the Tourism BID’s Annual Planning Report and budget for BTBID’s Fiscal Year 2023. Council can adopt the recommended resolution which will confirm the TBID assessment and thus enable continuous BID operations for another year.

The Management District Plan that was adopted by Council in 2017 as part of the reestablishment of the District provides a framework and budget for the Tourism BID’s activities. In FY 2023, the Tourism BID will work with local hotel managers and hospitality industry leaders, the City of Berkeley, and other relevant tourism industry stakeholders to do strategic destination marketing and sales work that drives visitors to Berkeley’s lodging establishments and supports Berkeley’s hospitality industry recovery.

Additionally, the Tourism BID will develop digital marketing and promotions utilizing the power of Visit Berkeley’s website and social media strengths to push positive messaging to the visitor and meetings industry and continue to develop and manage positive relationships with local, regional and statewide marketing and hospitality partners to create overnight room demand and to ensure the organization has the resources and support needed to successfully execute the BTBID mission.

BACKGROUND
The Berkeley Tourism Business Improvement District includes all lodging businesses with five (5) rooms or more, available for public occupancy within the boundaries of the City of Berkeley. The City is responsible for collecting the assessment on a monthly basis from each lodging business with five (5) rooms or more located in the District boundaries. The City forwards the assessments to Visit Berkeley, which has the responsibility of managing District programs as provided in the Management District Plan.

The Berkeley Tourism BID was first established for a period of five years on September 18, 2012 to raise revenues to finance marketing and sales promotions, increase tourism, and promote Berkeley hotels as tourist, meeting, and event destinations. The Berkeley Municipal Code was amended on November 27, 2012 to modify its definition of room rent that so that BTBID assessments passed through to guests are exempt from the Transient Occupancy Tax (TOT) which is also applied to room rent. A portion of TOT revenue also funds the Berkeley Convention and Visitors Bureau, but under a

Page 2 of 12 ends

Page 120 ends

Assessments: Berkeley Tourism Business Improvement District CONSENT CALENDAR May 31, 2022
separate contract. On April 25, 2017, Council approved Resolution No. 67,926-N.S. reestablishing the Tourism BID starting on July 1, 2017 for an additional 10 years, expiring in 2027. The Tourism BID is authorized through June 30, 2027 unless action is taken to disestablish it. In October of 2019, the City Council authorized the City Manager to execute a contract and any amendments (Contract # 32000101) with Visit Berkeley, not to exceed $7,966,000 of BTBID revenues, to support tourism marketing and promotion for the period through June 30, 2027.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The BTBID works to promote the Bay Area Green Business certification program with Berkeley’s hotel owners, thereby encouraging the local lodging industry to take actions to meet environmental sustainability objectives.

RATIONALE FOR RECOMMENDATION
The State Property and Business Improvement District Law of 1994 requires that the City Council accept an annual report from the Owners’ Association for each fiscal year in which assessments are to be levied. The report shall include any proposed changes in the boundaries of the district, the activities proposed for the year, and an estimate of the cost for providing them. Council action is required to approve the Tourism BID’s Annual Report. This will, in turn, confirm disbursement of Tourism BID assessment revenue to Visit Berkeley. This private/public partnership generates significant resources for the City, indirectly enhancing sales tax, business license tax, and other business-related City revenue sources such as transit occupancy tax.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered.

CONTACT PERSON
Elizabeth Redman Cleveland, Office of Economic Development, (510) 981-7532 Attachments:
1: Resolution: Annual Report and Proposed Budget
Exhibit A: 2021-2022 Annual Report and proposed FY 2023 budget of the Berkeley Tourism Business Improvement District

Page 3 of 12 ends

Page 121 ends

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

APPROVING THE 2021-2022 ANNUAL REPORT AND PROPOSED FY 2023 BUDGET

OF THE BERKELEY TOURISM BUSINESS IMPROVEMENT DISTRICT
WHEREAS, Property and Business Improvement District Law of 1994 (California Streets and Highways Code section 36600 et.seq.) authorizes cities to establish business improvement districts for the purpose of imposing assessments on businesses for certain purposes; and
WHEREAS, on April 25, 2017, the Berkeley City Council re-established such a district known as the Berkeley Tourism Business Improvement District (the "District"); and WHEREAS, the City Council designated the Berkeley Tourism Business Improvement District Owners’ Association (Owners’ Association) to oversee the activities of the District; and
WHEREAS, the Owners’ Association has submitted an Annual Report to the Berkeley City Council that outlines the activities of the District proposed for fiscal year (FY) 2023 and a budget for providing them, as required by the California Streets and Highways Code Section 36650; and
WHEREAS, the Annual Report is clear and complete and found to comply with the interests of the District assesses; and
WHEREAS, the Annual Report proposes no changes to rates, boundaries or services to the Business Improvement District.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council of the City of Berkeley hereby approves the Berkeley Tourism Business Improvement District Annual Report for 2021-22 and budget for FY2023 (Exhibit A) as submitted to the City Clerk by the Berkeley Tourism Business Improvement District Owners’ Association.

Exhibit A: 2021-2022 Annual Report and Proposed FY2023 Budget of the Berkeley Tourism Business Improvement District

Page 4 of 12 ends

Page 122 ends

2022-23 Annual Planning Report

Berkeley Tourism Business Improvement District
Marketing Plan
District Name: This report is for the Berkeley Tourism Business Improvement District

Fiscal Year of Report: This report applies to the fiscal year 2023 (July 1, 2022 – June 30, 2023) and proposes a budget for fiscal year 2023 (July 1, 2022 – June 30, 2023).

Background:

The Berkeley TBID is a benefit assessment district created in 2012 by a group of hoteliers to fund marketing and promotional efforts for Berkeley lodging businesses.

The first 5-year agreement with the City of Berkeley was from November 1, 2012 to October 31, 2017. However, on November 18, 2014, the Berkeley City Council approved the transition of the BTBID to a fiscal year contract effective 2015-16. On April 25, 2017 City Council adopted the renewal of the Berkeley Tourism Business Improvement District for a ten (10) year term to maintain a revenue source devoted to marketing and promoting specific hotel-serving activities, beginning July 1, 2017 through June 30, 2027.

Boundaries:

The Berkeley TBID includes all hotels with five or more rooms, existing and in the future, available for public occupancy within the boundaries of the City of Berkeley.

The boundary is estimated to include approximately 25 hotel businesses.

There are no proposed changes to the boundaries for fiscal year 2023.

Improvements and Activities for 2022-23:

This planning report is provided for informational purposes. Actual projects are subject to approval by the BTBID Committee and the Visit Berkeley board. Below are the improvements and activities planned for fiscal year 2023. The ideas presented below are subject to change during the course of the year depending on circumstances and availability of funds. The estimated budget is $425,000.00.

Beginning FY 2022, the City of Berkeley lodging industry experienced a moderate increase in hotel occupancy with a gradual incline in average room rates. The increase in occupancy was led by the leisure travel, drive-in market. While airline travel restrictions remained in force, business travel, group travel and the meeting & events markets remained dormant. The hospitality and tourism industry are hopeful that with the continued lifting of Covid mandates and lessening of restrictions we will be fully prepared to welcome back all tourism related business.

Page 5 of 12 ends

Page 123 ends

In addition, with the projected full reopening of the UC Berkeley, we will once again restrengthen our visibility and outreach to all departments encouraging utilization of Berkeley hotels and event space as their preferred choice for conferences and visitors.

Visit Berkeley will continue to work with the hospitality industry providing updated safety guidelines and protocols for both employees and attendees.

We anticipate restaurants to ease back into a semi-normal schedule, however we are uncertain at this time what the “new norm” will be. Although the hospitality industry remains unpredictable, Visit Berkeley will partner with our local BIDS, OED, restaurants and retailers by creating marketing and social media campaigns targeting Berkeley residents and attracting local and regional visitors to Berkeley.

As we anticipate TOT revenues to increase, providing there are no additional pandemics or surges, Visit Berkeley will continue efforts on Community Building and Hospitality Industry Recovery. We are thankful to announce as a recent recipient of a ARPA contract provided by City Council, we will have additional revenues to create a new strategic Destination Marketing and Sales Workplan to support and rebuild Berkeley’s hospitality industry recovery amidst the Covid-19 pandemic.

However, as Covid-19 remains a public health issue, we must follow the lead from public health officials regarding the reopening policies for the tourism industry.

Visit Berkeley offices and Visitor Information Center (VIC) remain closed to the public, while existing staff is rotating days in the office and working remotely. We will develop a return-to-work plan that will include a much- needed remodel/upgrade to the VIC.

1) SALES AND MARKETING (99%)
Sales and Marketing shall be 99% of the assessment that is estimated to be $420,750.00 in FY 2023.

Phase 1: Help Local Industry Get Back To Work
Strategy: Work with Stakeholders, City of Berkeley and Community Leaders to develop strategies and initiatives to support rebuild the hospitality businesses citywide.
a. Lodging (ensure all lodging properties maintain the Clean & Safe Certification through the California Hotel & Lodging Association and public health officer) b. Restaurants/Libations (provide and assist restaurant and libation businesses with reopening and cleaning protocols provided by California Restaurant Association and Berkeley Health Officer)
c. Arts & Culture Venues (provide marketing support to venues when they are approved for reopening)
d. Merchant Districts (work with and advocate for overall safety and “hygiene” of Berkeley’s streetscape)

Page 6 of 12 ends

Page 124 ends

Phase 2: Develop Internal Marketing Strategies
Strategy: Develop digital marketing and promotions utilizing the power of Visit Berkeley’s website and social media strengths to push positive messaging to the visitor and meetings industry.
a. Website (maintain a robust website that promotes all tourism and meeting related businesses)
b. Partner Development (work with tourism marketing partners to create visitor packages and campaigns)
c. Outdoor Adventure (Promote outdoor activities, such as district shopping, parks and outdoor dining as consumers become comfortable and look to satisfy pent-up demand by taking local/regional outings)
d. Digital and In-Person Familiarization Tours and Meetings (maintain contact with meeting planners and travel writers/media with individual and small group zoom meetings, selectively host in-person fam tours and introduce hotel promotions and packages)

Phase 3: Local, Regional and Statewide Marketing Outreach Strategy: Create, develop and manage positive relationships with local, regional and statewide marketing and hospitality partners to create overnight room demand and to ensure Visit Berkeley has the resources and support needed to successfully execute the BTBID mission.
a. Local (maintain and build positive relationships with UC Berkeley, Lawrence Berkeley Lab and other local businesses that produce lodging overnight stays and small conferences)
b. Regional (9 Bay Area Counties) (strategize opportunities to attract leisure and family visitations to patronize Berkeley’s merchant districts, businesses and outdoor activities)
c. Statewide (leverage our ongoing relationship with Visit California to participate in cooperative programs and marketing opportunities to attract Regional and Statewide visitation to Berkeley).

2. CITY COLLECTION COSTS (1%)
The City of Berkeley shall be paid a fee equal to 1% of the amount of assessment collected to cover its costs of collection and administration. The estimated costs for fiscal year 2023 are $4,250.

3. TOTAL ESTIMATE OF COSTS FOR FISCAL 2022-23:

A breakdown of the total estimated $425,000.00 budget for fiscal year 2023 is attached to this report as Appendix A: Total Estimated Costs and Revenue for the Berkeley Tourism Business Improvement District (BTBID) Fiscal Year 2023 (July 1, 2022 to June 30, 2023).

Method and Basis of Assessment:

The annual assessment rate is one percent (1%) of gross short term (stays less than 30 days) room rental revenue for hotels. Based on the benefit received, assessments will not be collected: on stays of more than thirty (30) consecutive days; on stays by any officer or employee of government who is exempt by express provisions of federal international treaty; or on stays by any customer of a bed and breakfast establishment as defined in Section 23F.94.010 of the Berkeley Municipal Code,

Page 7 of 12 ends

Page 125 ends

which is located in a residential zoning district, has been in consistent operation as of January 1, 2003, and the continued operation of which is permitted under Chapter 23C.06 of the Berkeley Municipal Code. (See Appendix B: Map of the Berkeley Tourism Business Improvement District (BTBID)).

Amount of Surplus/Deficit from previous Fiscal Year:

The BTBID assessment was estimated to bring in approximately $181,000. in revenues. As Berkeley TOT has experienced an increase in revenues in FY2022, we do expect a surplus for FY 2021-22.

Amount of Contributions from other sources:

There are no plans to apply for funding from other sources.

Thank you for the opportunity to present our Annual Planning Report for fiscal year 2023. If you have any questions regarding this report, please contact Barbara Hillman, President/CEO of Visit Berkeley at (510) 549-7040 / Cell# (925) 876-4825

Page 8 of 12 ends

Page 126 ends

Appendix A: Total Estimated Costs and Revenue for the Berkeley Tourism Business Improvement District (BTBID) Fiscal Year 2023 (July 1, 2022 to June 30, 2023)

Revenues
2022-23 Assessments $425,000.00
2021-22 Carryover TBA
Total Estimated Revenues $425,000.00

Expenditures
Sales & Marketing

$420,750.00
City of Berkeley Collection Costs $4,250.00
2021-22 Carryover (estimated) TBA
Total Estimated Expenditures $425,000.00

Total 2022-23 BTBID Budget

$425,000.00

Page 9 of 12 ends

Page 127 ends

Appendix B: Map of the Berkeley Tourism Business Improvement District (BTBID)

Note: The BTBID will include all hotels with five or more rooms, existing and in the future, available for public occupancy within the boundaries of the City of Berkeley.

The boundary currently includes 25 hotels. Please see the map below.

Source: Berkeley Tourism Business Improvement District Management District Plan (2017)

Page 10 of 12 ends

Page 128 ends

APPENDIX C – ASSESSED BUSINESSES

Business Name Address City, State ZIP
Bancroft Hotel 2680 Bancroft Way Berkeley, CA 94704
Berkeley City Club 2315 Durant Ave. Berkeley, CA 94704
Berkeley Inn (Ganga
Holdings, LLC)
1720 San Pablo Ave. Berkeley, CA 94702
Berkeley Travelodge 1820 University Ave. Berkeley, CA 94703 Downtown Berkeley YMCA 2001 Allston Way Berkeley, CA 94704 Cal Hotel 2008 Shattuck Ave. Berkeley, CA 94704
Church Divinity School of
the Pacific
2451 Ridge Road Berkeley, CA 94709-
1211
Doubletree Berkeley Marina 200 Marina Blvd. Berkeley, CA 94710 Downtown Berkeley Inn 2001 Bancroft Way Berkeley, CA 94704 Golden Bear Inn 1620 San Pablo Ave. Berkeley, CA 94702
Holiday Inn Express 1175 University Ave. Berkeley, CA 94702 Graduate Berkeley 2600 Durant Ave. Berkeley, CA 94704
Hotel Shattuck Plaza 2086 Allston Way Berkeley, CA 94704 Howard Johnson 1512 University Ave. Berkeley, CA 94702
La Quinta University Inn 920 University Ave. Berkeley, CA 94710 Marina Lodge 975 University Ave. Berkeley, CA 94710
Nash Hotel 2045 University Ave. Berkeley, CA 94704
Pacific School of Religion 1798 Scenic Ave. Berkeley, CA 94703 Prima Donna Hotels Inc.,
dba Sens Hotel & Bistro
Berkeley
1540 Shattuck Ave. Berkeley, CA 94709
Rose Garden Inn 2740 Telegraph Ave. Berkeley, CA 94705
Super 8 1619 University Ave. Berkeley, CA 94703
University Hotel 2057 University Ave. Berkeley, CA 94704 Vista Inn & Suites, dba
Quality Inn
1761 University Ave. Berkeley, CA 94703
Marriott Residence Inn 2129 Shattuck Ave Berkeley, CA 94704 Aiden Best Western 1499 University Ave Berkeley, CA 94702

Page 11 of 12 ends

Page 129 ends

Page 12 of 12 ends

Page 130 ends

RECOMMENDATION
Adopt a Resolution approving the Downtown Berkeley Property Based Business Improvement District (DPBID) Annual Report of Fiscal Year (FY) 2022 and proposed budget for FY 2023, and declaring Council’s intention to levy an annual assessment for the DPBID for FY 2023.

SUMMARY
The Downtown Berkeley Property Based Business Improvement District (DPBID, “Downtown BID” or “the District”) provides cleaning, hospitality and marketing services for Berkeley’s central business district. In May of 2016 the DPBID was geographically expanded and renewed for a ten year period, authorizing operations through December 31, 2026, and designating the Downtown Berkeley Association (DBA) as the District’s Owners’ Association. Annually, Council must approve the DPBID’s annual report and proposed budget and declare its intention to levy an annual assessment.

The City of Berkeley owns fourteen parcels within the boundaries of the DPBID and is required by state law to pay the associated assessments. In FY23, the assessment payment will be $142,392.46, for 14 parcels; and $11,743.48 for a parcel owned by the City of Berkeley Joint Powers Authority at 2015 Addison Street. The total for fifteen parcels in FY23 is $154,135.94. In addition, the City will pay the General Benefit portion of the DPBID costs. The engineer’s report commissioned for the reestablishment of the Downtown BID in 2016 calculated that the general benefit for the district is $17,665 annually. In 2011, the City increased parking meter rates (see Ordinance No. 7,183- N.S.) in the Downtown area to fund payment of the general benefit fees.

FISCAL IMPACTS OF RECOMMENDATION
Assessments levied in the Downtown Berkeley Property Based Business Improvement District (DPBID) support a package of improvements and activities approved by the property owners and the City Council when the District was renewed for a ten year period on May 31, 2016 (Resolution No. 67,520-N.S.). Assessment funds are collected

Page 1 of 15 ends

Page 131 ends

Assessments: CONSENT CALENDAR
Downtown Berkeley Property Based Business Improvement District May 31, 2022

Page 2 ends

by Alameda County, relayed to the City of Berkeley, and disbursed through a contract with the Downtown Berkeley Association (DBA), a private owners’ association that was established to implement the Management District Plan.

In May of 2021, the City Council authorized the City Manager to execute a contract and any amendments with the DBA, not to exceed $7,285,257 of DPBID revenues, to implement the Downtown Berkeley Management District Plan for the period July 1, 2021 to December 31, 2026 (Contract No. 32200032).

In addition, the University of California has agreed to a contribution to the DPBID of $99,459.72 for FY 2023. Overall the budget of the DPBID for FY 2023 is approximately $1,708,275.93 inclusive of taxable and non-taxable parcels and private donations, and net of the County 1.7% collection fee on private parcels. The DPBID Assessment Revenue amount articulated in Exhibit A ($1,677,139) is slightly different ($31,136) to account for uncollectable property tax and funds that will be carried forward from the prior year.

The assessment billing for private commercial property, including properties billed on the utility roll, less the county collection fee (approximately $23,615.47), is expected to be $1,383,139.07 in FY 2023. Annual and accrued assessment funds are deposited in the Downtown Property Based Business Improvement District (DPBID) Fund (786-21- 208-251-0000-000-000-412110) and expended from fund number 786-21-208-251- 0000-000-446-636110. These totals reflect a 2.5% assessment increase, as determined at the DBA Board of Directors meeting on April 21, 2022. Per the Management District Plan, an annual increase of 5% is allowable to cover inflation costs if approved by a majority of the Owners’ Association Board of Directors.

Under the provisions of Proposition 218 in the California Constitution, government agencies must pay assessments on properties they own in property based business improvement districts, just like private property owners, unless they receive no benefit.

Payment is collected from private property owners through property tax bills near the end of the calendar year. Payments are due from non-property tax-paying entities concurrently. The City of Berkeley owns fourteen parcels within the DBPID boundaries; the City’s assessment payment in FY 2023 would be $142,392.46 and $11,743.48 for a parcel owned by the City of Berkeley Joint Powers Authority at 2015 Addison Street, which is increased slightly from the FY 2022 assessment amount. The total for fifteen parcels in FY23 is $154,135.94.

The City also pays the “general benefit” portion of the PBID budget, or roughly $17,664.85 for fiscal year 2023. “General benefits” represent that small portion of the overall benefits generated by a PBID which are found to accrue to the general public who are not assessed and do not participate in the economic or social activities of the district. In total, the City is responsible for a contribution of $171,800.79 to the DPBID in FY 2023. This amount is billed directly to the City and paid through the Off-Street

Page 2 of 15 ends

Page 132 ends

Assessments: CONSENT CALENDAR
Downtown Berkeley Property Based Business Improvement District May 31, 2022

Page 3 ends

Parking Fund (627-54-622-665-3002-000-474-639990). On June 14, 2011, Council adopted Ordinance No. 7,183-N.S. increasing parking meter rates in the Downtown to fund payment of these fees.

By financing improvements, maintenance and welcoming activities for the City’s central business district, the DPBID indirectly enhances sales tax, business license tax and other business-related City revenue sources.

CURRENT SITUATION AND ITS EFFECTS
State legislation that authorizes formation of property-based BIDs (California Streets and Highways Code, Sections 36600 et. seq.) requires that the BID governing body submit an Annual Report on operations and a budget proposal to the City Council each year. The City Council may approve the report with a Resolution to reauthorize the annual assessments.

The Board of Directors of the Downtown Berkeley Association met in a publicly noticed meeting on April 21, 2022 to review the Annual Report for the DPBID for FY 2022 and budget for FY 2023 (Exhibit A). The Board of Directors voted to recommend an increase of 2.5% in the assessment for FY23, and to approve the proposed budget for FY 2023 and the Annual Report for FY 2022. The Board recommended that the FY 2022 Annual Report and Proposed Budget for FY 2023 be approved by the City Council. There were no recommended changes to the DPBID boundaries nor changes to the assessment formula as established during the district renewal in 2016. Council can adopt the recommended Resolution which will confirm the DPBID assessment, and thus enable continuous BID operations for another year. Any funds in the existing DPBID contract (Contract No. 32200032) as of June 30, 2022 are to be carried forward.

BACKGROUND
The DPBID is a benefit assessment district that provides cleaning, hospitality and marketing services for Downtown Berkeley. The DPBID was created in 2011 pursuant to California’s “Property and Business Improvement District Law of 1994” to provide needed improvements and activities to assessed property owners. The DPBID was re- established and expanded by Resolution of the Berkeley City Council on May 31, 2016 (Resolution No. 67,520-N.S.) for the ten-year term beginning July 1, 2016 and ending June 30, 2026, with operations to occur over the ten year calendar year period beginning January 1, 2017 and ending December 31, 2026.

The DPBID finances services and improvements that maintain and improve the district’s streetscape and public areas, improve the pedestrian experience for workers, visitors and residents, and attract new businesses and development. Key services include hospitality and cleaning ambassador teams, beautification projects, business attraction and retention, marketing and events. The improvements and activities that the DPBID finances to enhance Downtown Berkeley’s environment for property owners, residents, workers and visitors include:

Page 3 of 15 ends

Page 133 ends

Assessments: CONSENT CALENDAR
Downtown Berkeley Property Based Business Improvement District May 31, 2022

Page 4 ends

Environmental Enhancements:
 Maintenance teams sweep, scrub, and pressure wash sidewalks, remove litter and graffiti, and increase the frequency of trash removal and maintain landscaping throughout the District.
 Hospitality Ambassadors provide visitor information, safety escorts, merchant outreach, liaison activities with city services, event support, homeless services outreach and referrals, and coordinate work with local police, businesses and property owners to prevent crime and address quality of life issues.  Beautification and place-making improvements that make Downtown Berkeley more attractive, including enhanced landscaping, holiday décor, way-finding signage, trash receptacles, planters, urban design plans, bike racks, programming of BART Plaza and other public spaces.

Economic Enhancements:
 Promote and support local business through providing liaison services with City staff, and attracting new businesses and investment that further the strategic goals of the Downtown.
 Advance Downtown Berkeley’s evolution as a regional destination for arts, culture and entertainment.
 Marketing and communications to support DPBID activities and improvements  Strategies to improve the parking and transit experience to support local businesses, residents, and arts/culture/civic destinations.  Leadership through research and community education to represent the Downtown community with one voice.

Due to high levels of pedestrian traffic in the core of the Downtown and the attendant need for higher levels of service there, the DPBID has three benefit zones as delineated in the 2016 District Management Plan. There is a two-tiered core service zone and a third zone which covers the three block 2016 expansion area along the southern portion of Shattuck Avenue.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
By maintaining and enhancing the DPBID, the DBA creates shopping opportunities for residents and visitors alike while encouraging alternative forms of transportation. The District encompasses the area surrounding the Downtown BART Station and several AC Transit lines that provide easy accessibility for visitors coming to and from this popular regional destination. Because the District is well served by public transportation and biking infrastructure, these services indirectly support environmental sustainability goals of encouraging alternative transportation choices.

RATIONALE FOR RECOMMENDATION
Property and Business Improvement District Law of 1994 requires that the BID Board prepare an Annual Report for each fiscal year in which assessments are to be

Page 4 of 15 ends

Page 134 ends

Assessments: CONSENT CALENDAR
Downtown Berkeley Property Based Business Improvement District May 31, 2022

Page 5 ends

levied. Council action is required to approve the BID’s Annual Report and declare its intent to levy assessments. This private/public partnership will continue to provide significant resources for revitalization of the Downtown Core Commercial District, which has had a transformational effect on the physical and economic health of the City of Berkeley.

ALTERNATIVE ACTIONS CONSIDERED
The DBA Board of Directors considered an increase in assessment rates, up to the allowable 5%, but instead decided on a 2.5% increase, determining that the slightly increased rate would sufficiently cover the slate of services outlined in the FY2023 budget and work plan.

CONTACTS
Eleanor Hollander, Office of Economic Development, (510) 981-7536 Attachments:
1: Resolution: Confirm Downtown Property Based Business Improvement District (DPBID) Annual Report and Levy Annual Assessment
Exhibit A: DPBID Annual Report for FY 2022 and Proposed Budget for FY 2023 Exhibit B: DPBID FY 2023 Assessment Roll

Page 5 of 15 ends

Page 135 ends

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

APPROVING THE ANNUAL REPORT OF THE DOWNTOWN PROPERTY BASED BUSINESS IMPROVEMENT DISTRICT AND LEVYING ASSESSMENTS FOR FY 2023 WHEREAS, the Property and Business Improvement District Law of 1994 as amended (California Streets and Highways Code Section 36600 et.seq.) authorizes cities, with the consent of property owners, to fund property-related improvements, maintenance and activities through the levy of assessments upon the real property that benefits from the improvements, maintenance and activities; and
WHEREAS, the City Council renewed the Downtown Property Based Business Improvement District (hereafter, “the District”) by Resolution No. 67,520 -N.S. on May 31, 2016; and
WHEREAS, the City Council has now received the Annual Report of the Downtown Property Based Business Improvement District for FY 2022 (Annual Report, attached as Exhibit A) from the Downtown Business Association, the governing body for the District, that describes the operations of the District in FY 2022, recommends services for FY 2023 and proposes a budget for FY 2023.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that pursuant to provisions of Section 36600 et. seq. of the California Streets and Highways Code, the City Council approves the Annual Report for FY 2022 and declares its intent to levy special assessments on property within the boundaries of the District for FY2023 (Exhibit B).

BE IT FURTHER RESOLVED that that the boundaries of the District and the method and basis for the assessment remain the same as those set forth and approved in the Downtown Business Improvement District Management Plan (Plan) which was made part of Resolution No. 67,520 -N.S., renewing the District.

BE IT FURTHER RESOLVED that the improvements and activities to be provided are those described in the Plan and the Annual Report and that the cost of providing the improvements and activities is as described in the budget attached to the Annual Report.

BE IT FURTHER RESOLVED that to finance these improvements and activities, the Annual Report and Budget includes a 2.5% increase in assessment rates. Following adoption of this resolution, the City Council may confirm the Annual Report and levy assessments for FY 2023 and confirm disbursement of DPBID assessment revenue.

Exhibits
A: DPBID Annual Report for FY 2022 and Proposed Budget for FY 2023 B: DPBID Assessment Roll FY 2023

Page 6 of 15 ends

Page 136 ends

EXHIBIT A
2022 ANNUAL REPORT OF THE DOWNTOWN BERKELEY PROPERTY-BASED

BUSINESS IMPROVEMENT DISTRICT (PBID)
By the Downtown Berkeley Association
The Downtown Berkeley Property-Based Business Improvement District (DBPBID), managed by the Downtown Berkeley Association (DBA) was approved for a ten-year period by
an affirmative vote of the property owners of the Downtown Berkeley commercial district by mail-in ballot during the spring 2016. This vote was affirmed without protest by City Council on May 31, 2016. The DBPID commenced operations on January 1, 2017, and the DBA operates on a calendar year basis. In accordance with 36650 (b) of the Streets and Highway
Code for the State of California, the DBA
affirms the following:

1. The DBA proposes no changes in PBID boundaries for the 2023 fiscal/calendar year.

2. The DBA will continue with the same services as has been outlined in the Management District Plan Final Plan of May 30, 2016
. These services include
Environmental Enhancements such as Ambassador hospitality services, cleaning services, beautification, and landscaping; as well as Economic Enhancements such as district marketing, promotion, event, and business attraction and retention.

3. The budget approved on February 3, 2022 the DBA Board of Directors calls for expenditures in the FY 2022 to be $1,917,934.

4. On April 21, 2022, the DBA Board approved a 2.5% assessment rate increase for FY2023.

5. The 2022-23 budget (FY23) approved to the DBA Board of Directors includes a carry forward of $677,213 in unrestricted net assets.

6. The approved FY2023 budget envisions a loss of ($178,495) to be incurred to the carry forward funds of $677,213, resulting in a year-end balance of $498,718.

7. In addition to assessments levied on real property, the 2022-23 budget (FY23) budget envisions $16,100 additional revenue will be derived from contract services for ambassador hospitality and cleaning services, $5,000 in event sponsorship revenue, $40,000 from City Measure P to co-fund Downtown Social Service Outreach position, well as, $1,200 interest earned paid by financial institutions.

Page 7 of 15 ends

Page 137 ends

Fiscal Year 2023 (FY23)

BUDGET OF THE DOWNTOWN BERKELEY PROPERTY-BASED BUSINESS

IMPROVEMENT DISTRICT (PBID)
By the Downtown Berkeley Association

REVENUE
PBID Assessment Revenue $1,677,139
Contract Services $16,100
Interest Income and Other Revenue $46,200
Total Revenue $1,739,439

EXPENSES
Environmental Enhancement Services* $1,414,206
Marketing & Economic Enhancement Services $324,845
General Administrative and Operating Expenses 178,883
Total Expenses $1,917,934
*Environmental enhancements include cleaning, hospitality, landscaping, and homeless outreach.

Page 8 of 15 ends

Page 138 ends

Exhibit B: DPBID FY 2023 Assessment Roll
Exhibit B: DOWNTOWN BERKELEY PBID ASSESSMENT ROLL FY 2023 Verified April 1, 2022, Prepared for Fiscal Year 2023
APN Owner Site Address
Private Parcels Tax Exempt Utility Roll
057- -2016-021-01 1812 University Ave LLC 1810 UNIVERSITY AVE 5,650.88$ 057- -2059-009-00 1915 UNIVERSITY AVENUE PARTNER 1915 UNIVERSITY AVE 1,484.98$ 057- -2024-007-01 1935 ADDISON STREET LLC 1935 ADDISON ST 4,012.92$ 057- -2022-019-01 1950 ADDISON APARTMENT JOINT VENTURE 1950 ADDISON ST 14,522.26$ 057- -2060-001-00 1950 MLK LLC 1988 M L KING JR WAY 20,273.62$ 057- -2053-002-00 1974 SHATTUCK AVENUE LLC 1974 SHATTUCK AVE $ 2,229.66 057- -2026-007-02 2000 CENTER STREET LLC 2175 MILVIA ST 15,394.04$ 057- -2023-013-00 2001 CENTER STREET LLC 2001 CENTER ST 10,755.82$ 057- -2025-002-00 2008 SHATTUCK AVENUE LLC 2008 SHATTUCK AVE 4,883.08$ 057- -2029-009-00 2015 BANCROFT FEE OWNER CA LLC 2105 BANCROFT WAY 11,453.32$ 055- -1894-014-01 2025 DURANT AVENUE LLC 2025 DURANT AVE 12,983.32$ 055- -1894-015-00 2028 BANCROFT WAY LLC 2028 BANCROFT WAY 756.38$ 057- -2025-017-03 2054 UNIVERSITY LLC 2054 UNIVERSITY AVE 9,140.38$ 057- -2026-004-12 2068 CENTER FAMILY LIMITED PAR 2068 CENTER ST 2,139.00$ 057- -2023-001-00 2100 SHATTUCK AVE LP 2104 SHATTUCK AVE 13,211.40$ 057- -2030-001-00 2108 ALLSTON LLC 2108 ALLSTON WAY 10,830.98$ 057- -2029-013-00 2110 KITTREDGE LLC 2110 KITTREDGE ST 9,267.36$ 055- -1893-007-01 2124 BANCROFT WAY LLC 2124 BANCROFT WAY 7,010.12$ 055- -1893-006-01 2125 DURANT AVENUE LLC 2125 DURANT AVE 369.74$ 057- -2031-011-00 2130 CENTER LLC 2130 CENTER ST 6,330.78$ 057- -2031-003-00 2161 ALLSTON WAY LLC 2161 ALLSTON WAY 10,704.94$ 057- -2029-002-04 2176 KITTREDGE LLC 2176 KITTREDGE ST 4,116.24$ 057- -2029-016-00 2176 KITTREDGE LLC 2150 KITTREDGE ST 8,615.36$ 055- -1893-005-03 2310 FULTON LLC 2310 FULTON ST 9,780.86$ 055- -1894-017-04 2322 SHATTUCK AVENUE LLC 2300 SHATTUCK AVE 18,717.72$ 055- -1822-005-00 2524 SHATTUCK BLAKE LLC 2524 SHATTUCK AVE 1,654.86$ 057- -2024-010-02 384 PROMENADE LLC & WPG PROMEN 1936 UNIVERSITY AVE 10,010.62$ 057- -2023-014-00 440 JACKSON STREET LLC 2115 MILVIA ST 4,854.76$ 055- -1893-019-00 A T & T CO 279-1-12-6 0 DURANT AVE 16,606.42$ 055- -1893-020-00 A T & T CO 279-1-12-6 0 BANCROFT WAY 1,003.04$ 057- -2060-022-00 ACAMPORA ANTHONY & MARGARET R 1801 UNIVERSITY AVE 301 178.88$ 057- -2060-046-00 ACAMPORA ANTHONY & MARGARET R 1801 UNIVERSITY AVE 309 178.88$ 057- -2033-004-00 ADDISON BUILDING LLC 2044 KALA BAGAI WAY 5,959.74$ 057- -2022-014-01 ADDISON LLC 1912 ADDISON ST 955.12$ 057- -2060-041-00 ALBANESE ANDRES & CELINA 1801 UNIVERSITY AVE 407 178.88$ 057- -2050-031-01 AMISTAD HOUSE LLC 1810 SHATTUCK AVE 4,923.16$ 055- -1821-026-00 AMPRI INVESTMENTS INC 2030 BLAKE ST C 230.62$ 055- -1821-027-00 AMPRI INVESTMENTS INC 2030 BLAKE ST B 230.14$ 057- -2060-048-00 ANJANEYAR LLC 1801 UNIVERSITY AVE 210 178.88$ 057- -2028-013-00 AOCHI FUSAKO J TR 2000 KITTREDGE ST 3,506.12$ 057- -2060-050-03 AREFI EHSAN & AREFY KATRIN 1809 UNIVERSITY AVE 102.34$ FY 2023 Assessment

Page 1 of 7 ends

Page 9 of 15 ends

Page 139 ends

Exhibit B: DPBID FY 2023 Assessment Roll
APN Owner Site Address
Private Parcels Tax Exempt Utility Roll
FY 2023 Assessment
057- -2032-018-00 ARLINGTON INVESTMENT CO 134 BERKELEY SQ 1,079.62$ 057- -2049-024-00 ATKINS GEORGE C 1849 SHATTUCK AVE 404 90.32$ 057- -2059-007-00 AYYAD FRED & MONA 1929 UNIVERSITY AVE 1,400.86$ 055- -1893-013-00 BAKER EDWARD L 2327 SHATTUCK AVE 314.98$ 055- -1894-016-00 BANCROFT WAY PROPERTIES LLC 2030 BANCROFT WAY 1,156.26$ 057- -2046-001-00 BAY PROPERTIES INC 2108 BERKELEY WAY 8,580.40$ 055- -1821-025-00 BELGROVE ANGELA M & SWINDERMAN 2030 BLAKE ST D 617.90$ 055- -1892-001-01 BERKELEY BUDDHIST CHURCH 2140 DURANT AVE 3,912.74$ 057- -2016-025-01 BERKELEY CHAMBER OF COM 1834 UNIVERSITY AVE 945.30$ 057- -2032-005-03 BERKELEY DOWNTOWN HOTEL OWNER 2121 CENTER ST 49,529.32 $ 055- -1824-015-00 BERKELEY FREE MARKET LLC 2567 SHATTUCK AVE 5,215.78$ 057- -2028-011-00 BERKELEY INN LLC 2001 BANCROFT WAY 3,644.26$ 057- -2025-024-00 BERKELEY JOINT POWERS FINANCIN 2015 ADDISON ST 11,743.48$ 057- -2029-004-00 BERKELEY LODGE NO 270 I O O F 2288 FULTON ST 4,537.66$ 057- -2049-037-00 BERKELEY LOFTS LLC 1803 UNIVERSITY AVE 106.78$ 057- -2049-038-00 BERKELEY LOFTS LLC 1849 SHATTUCK AVE C2 302.94$ 057- -2025-005-03 BERKELEY REPERTORY THEATRE 2071 ADDISON ST 864.58$ 057- -2025-008-00 BERKELEY REPERTORY THEATRE 2025 ADDISON ST 4,123.98$ 057- -2025-023-00 BERKELEY REPERTORY THEATRE 2009 ADDISON ST 6,632.30$ 057- -2032-017-00 BERKELEY STATION PARTNERS LLC 130 BERKELEY SQ 1,298.90$ 057- -2023-021-02 BERKELEY TRADITIONAL MUSIC FOU 2026 ADDISON ST 2,101.56$ 057- -2023-021-03 BERKELEY TRADITIONAL MUSIC FOU 2020 ADDISON ST 2,303.58$ 055- -1894-007-02 BERKELEY UNIFIED SCHOOL DI STRI 2000 BANCROFT WAY 2,564.00$ 057- -2020-004-00 BERKELEY UNIFIED SCHOOL DISTRI 1980 ALLSTON WAY 3,309.22$ 057- -2020-005-03 BERKELEY UNIFIED SCHOOL DISTRI 2223 M L KING JR WAY 19,606.70$ 057- -2046-002-00 BERKELEY WAY LLC 2120 BERKELEY WAY 8,538.22$ 057- -2026-015-00 BERKELEY YOUNG MENS CHRISTIAN 2001 ALLSTON WAY 18,966.54$ 057- -2032-010-00 BETTENCOURT CHARLES A & JEANNE 2109 KALA BAGAI WAY 3,531.72$ 057- -2060-023-00 BIGGS RALPH E 1801 UNIVERSITY AVE 401 178.88$ 057- -2023-004-00 BOLLIBOKKA SHATTUCK LLC 2144 SHATTUCK AVE 23,324.70$ 057- -2027-008-00 BPR PROPERTIES BERKELEY LLC 2060 ALLSTON WAY C 19,911.34$ 057- -2049-030-00 BROOKS JODY & WIGGIN ANNETTE 1849 SHATTUCK AVE 406 90.32$ 057- -2060-050-01 BROWNING ROBERT P & MAIO LIND A 1801 UNIVERSITY AVE A 99.86$ 057- -2022-008-00 BUTLER LARRY TR 1907 CENTER ST 1,414.94$ 057- -2023-003-00 C & V SHATTUCK LLC 2120 SHATTUCK AVE 1,621.62$ 057- -2031-009-00 C S COMPANY 2161 SHATTUCK AVE 10,693.74$ 055- -1895-042-00 CA AG LOGAN PARK PROPERTY OWNER LOGA N2356 SHATTUCK AVE 12,581.66$ 055- -1895-041-00 CA AG LOGAN PARK PROPERTY OWNER LOGA N2352 SHATTUCK AVE 24,379.28$ 057- -2034-007-00 CALIF STATE EMPL CR UN 2033 KALA BAGAI WAY 1,548.94$ 055- -1893-011-00 CALIFORNIA FIRST BAN K 2107 DURANT AVE 1,003.04$ 055- -1893-012-00 CALIFORNIA FIRST BANK 2333 SHATTUCK AVE 4,226.94$ 057- -2060-030-00 CALOCA ROSA N 1801 UNIVERSITY AVE 204 178.88$ 057- -2031-014-00 CENTER GALLERY LP 2136 CENTER ST 2,842.88$ 057- -2023-016-01 CENTURY PROPERTIES LLC 0 MILVIA ST 1,788.92$ 057- -2030-003-00 CERFAM LLC 2134 ALLSTON WAY 2,397.70$ 055- -1891-012-00 CHAN KUM L & ANDREW TRS & CHAN 2429 SHATTUCK AVE 4,482.58$ 057- -2060-024-00 CHEN QU 1801 UNIVERSITY AVE 202 178.88$ 057- -2032-012-00 CHENG FRANK & DOROTHY 2112 ADDISON ST 4,538.16$ 057- -2016-003-00 CHENG TE C TR 2070 M L KING JR WAY 762.32$ 057- -2060-028-00 CHUA SHIRLEY C & SUISUILYN 1801 UNIVERSITY AVE 303 178.88$ 057- -2017-016-01 CITY OF BERKELEY 2100 M L KING JR WAY 18,467.54$ 057- -2021-001-00 CITY OF BERKELEY 2180 MILVIA ST 16,011.62$ 057- -2021-002-00 CITY OF BERKELEY 0 CENTER ST 16,784.22$ 057- -2022-006-00 CITY OF BERKELEY 1947 CENTER ST 9,320.88$ 057- -2022-020-00 CITY OF BERKELEY 0 CENTER ST 4,012.78$ 057- -2023-020-03 CITY OF BERKELEY 2025 CENTER ST 44,646.42$

Page 2 of 7 ends

Page 10 of 15 ends

Page 140 ends

Exhibit B: DPBID FY 2023 Assessment Roll
APN Owner Site Address
Private Parcels Tax Exempt Utility Roll
FY 2023 Assessment
057- -2028-005-00 CITY OF BERKELEY 2031 BANCROFT WAY 3,049.56$ 057- -2028-017-01 CITY OF BERKELEY 2090 KITTREDGE ST 13,828.18$ 057- -2053-022-01 CITY OF BERKELEY 0 BERKELEY WAY 2,829.26$ 057- -2118-001-00 CITY OF BERKELEY 2200 FULTON ST -$ 057- -2119-001-00 CITY OF BERKELEY 2200 FULTON ST A 7,835.62$ 057- -2122-001-00 CITY OF BERKELEY 2012 BERKELEY WAY 1,442.04$ 057- -2122-002-00 CITY OF BERKELEY BERKELEY WAY 1,036.34$ 057- -2122-003-00 CITY OF BERKELEY 2020 BERKELEY WAY 3,128.00$ 057- -2049-040-00 CLPF HILLSIDE VILLAGE LP 2102 DELAWARE ST 5,019.50$ 057- -2060-026-00 CORR JAMES C & MICHAELS MARY F 1801 UNIVERSITY AVE 402 178.88$ 055- -1895-019-01 CPF BERKELEY VARSITY LLC 2024 DURANT AVE 2,090.10$ 055- -1822-003-02 CRESTON DEVELOPMENTS LLC 2514 SHATTUCK AVE 1,750.08$ 057- -2026-013-00 CSQ FEE ONWER CA LLC 2168 SHATTUCK AVE 13,364.90$ 057- -2023-026-00 CVBAF ACQ LLC 2055 CENTER ST 39,783.78$ 055- -1821-024-02 CYH COMPANY INC 2034 BLAKE ST 3,734.86$ 057- -2049-021-00 DANG DENNIS H 1849 SHATTUCK AVE 403 90.32$ 057- -2120-001-00 DAVID BROWER CENTER 2150 ALLSTON WAY 6,531.36$ 057- -2049-020-00 DELBONTA MATTHEW A 1849 SHATTUCK AVE 303 90.32$ 055- -1892-015-00 DURANT BERKELEY PARTNERS LP 2367 SHATTUCK AVE 1,711.34$ 055- -1892-016-00 DURANT BERKELEY PARTNERS LP 2349 SHATTUCK AVE 2,888.76$ 055- -1890-012-01 DWIGHT WAY RESIDENTIAL PROPERTY 2107 DWIGHT WAY 6,679.76$ 057- -2024-004-00 EAST BAY MEDIA CENTER 1939 ADDISON ST 583.96$ 057- -2024-008-01 EAST END INVESTORS GROUP INC 1950 UNIVERSITY AVE 4,018.32$ 055- -1892-013-01 EASTBOROUGH PROPERTIES LP 2399 SHATTUCK AVE 5,176.30$ 057- -2046-011-01 EQR ACHESON COMMONS LP 1987 SHATTUCK AVE 2,182.14$ 057- -2030-009-00 FERR OGGIARO MARY J TR & WISE A 2115 KITTREDGE ST 6,640.22$ 057- -2053-003-01 FIFTH KEIL CO 1998 SHATTUCK AVE $ 5,059.00 057- -2053-003-02 FIFTH KEIL CO 1984 SHATTUCK AVE 1,094.88$ 055- -1894-006-00 FIGUEROA XAVIER & JOSEFIN A J 2017 DURANT AVE 955.02$ 057- -2022-003-01 FIRST MILVIA LLC 2108 MILVIA ST 1,072.50$ 057- -2022-017-01 FIRST MILVIA LLC 2100 MILVIA ST 13,709.64$ 057- -2026-002-01 FIRST SHATTUCK LLC 2150 SHATTUCK AVE 45,662.92$ 057- -2026-005-01 FIRST SHATTUCK LLC 2043 ALLSTON WAY 5,484.96$ 057- -2026-012-03 FIRST SHATTUCK LLC 2052 CENTER ST 35,481.68$ 057- -2028-002-00 FU JIHWA & JI H TRS 2270 SHATTUCK AVE 2,128.90$ 055- -1896-002-00 FUJIKAWA MARK A & GEORGI A 2414 SHATTUCK AVE 358.48$ 055- -1822-009-01 GEMDALE 2035 BLAKE STREET LLC 2035 BLAKE ST 11,003.92$ 055- -1895-015-01 GENIRBERG SIBLINGS LLC 2000 DURANT AVE 4,623.90$ 057- -2049-022-00 GIEBELER PERSIS A 1849 SHATTUCK AVE 204 90.32$ 057- -2049-026-00 GILMOUR SUSAN R & THOMAS S 1849 SHATTUCK AVE 305 90.32$ 055- -1896-004-00 GIOTINIS MICHAEL C & ATHIA M T 2428 SHATTUCK AVE 1,243.32$ 057- -2025-004-00 GLYNN EDITH W TR 2020 SHATTUCK AVE 2,943.90$ 057- -2053-004-02 GLYNN EDITH W TR 2071 UNIVERSITY AVE 2,612.04$ 057- -2034-009-00 GOLDEN CA PROPERTY 1 LLC 2017 KALA BAGAI WAY 1,753.20$ 055- -1892-014-00 GORDON JOHN K & MITCHELL JANIS 2375 SHATTUCK AVE 838.40$ 055- -1897-006-00 GORDON JOHN K & MITCHELL JANIS 2450 SHATTUCK AVE 4,328.50$ 057- -2024-021-01 GORDON JOHN K & MITCHELL JANIS 1952 UNIVERSITY AVE 4,400.56$ 057- -2025-005-02 GORDON JOHN K & MITCHELL JANIS 2024 SHATTUCK AVE 5,793.16$ 057- -2025-006-00 GORDON JOHN K & MITCHELL JANIS 2036 SHATTUCK AVE 5,324.36$ 057- -2025-019-00 GORDON JOHN K & MITCHELL JANIS 2058 UNIVERSITY AVE 2,330.52$ 057- -2025-022-00 GORDON JOHN K & MITCHELL JANIS 2014 SHATTUCK AVE 1,621.62$ 057- -2029-011-00 GORDON JOHN K & MITCHELL JANIS 2277 SHATTUCK AVE 2,279.94$ 057- -2030-011-00 GORDON JOHN K & MITCHELL JANIS 2225 SHATTUCK AVE 1,055.22$ 057- -2049-029-00 GOTTLIEB SHARONA D 1849 SHATTUCK AVE 306 90.32$ 057- -2028-014-02 GRANITE LIBRARY GARDENS LP 2022 KITTREDGE ST 44,509.08$ 057- -2024-015-03 GREENLINING INSTITUTE 1916 UNIVERSITY AVE 2,386.90$

Page 3 of 7 ends

Page 11 of 15 ends

Page 141 ends

Exhibit B: DPBID FY 2023 Assessment Roll
APN Owner Site Address
Private Parcels Tax Exempt Utility Roll
FY 2023 Assessment
057- -2029-012-00 H DRAKE CORPORATION 2271 SHATTUCK AVE 2,517.92$ 055- -1821-028-00 HA YANGWON K 2030 BLAKE ST A 249.96$ 057- -2016-027-02 HADJIAN SIMIN & PAYVAND ETAL 1840 UNIVERSITY AVE 3,295.52$ 057- -2060-036-00 HAMMOND LUCIA 1801 UNIVERSITY AVE 206 178.88$ 057- -2059-006-00 HAN CHANG S & YOON J 1941 UNIVERSITY AVE 1,845.76$ 057- -2060-043-00 HART ELIZABETH 1801 UNIVERSITY AVE 308 178.88$ 057- -2027-002-02 HEAD LAMA TIBETAN NYINGMA MEDI 2210 HAROLD WAY 1,724.72$ 057- -2027-002-03 HEAD LAMA TIBETAN NYINGMA MEDI 2018 ALLSTON WAY 5,775.90$ 057- -2027-004-00 HEAD LAMA TIBETAN NYINGMAPA ME 2222 HAROLD WAY 8,620.46$ 057- -2060-037-00 HERNANDEZ KARYN L 1801 UNIVERSITY AVE 306 178.88$ 057- -2034-006-00 HIGHWAY 61 2037 KALA BAGAI WAY 7,342.10$ 057- -2031-006-00 HIRAHARA FAMILY LIMITED PARTNE 2187 SHATTUCK AVE 5,553.24$ 057- -2027-006-00 HSR BERKELEY INVESTMENTS LLC 2060 ALLSTON WAY A 19,957.22$ 057- -2027-007-00 HSR BERKELEY INVESTMENTS LLC 2070 ALLSTON WAY 7,052.06$ 057- -2049-015-00 HU VICTORIA L 1849 SHATTUCK AVE 401 90.32$ 057- -2060-040-00 HUANG SHIYUN & ZHENQIANG ET AL 1801 UNIVERSITY AVE 307 178.88$ 057- -2059-010-00 HULTGREN ROBERT P & SUSAN S TR 1909 UNIVERSITY AVE 1,491.00$ 057- -2049-019-00 HUYNH MATTHEW & REGINA TRS 1849 SHATTUCK AVE 203 90.32$ 057- -2032-015-00 JANTA REALTY INC & BATRA MANJU 2100 KALA BAGAI WAY 1,534.18$ 057- -2030-010-00 JEON ROBERT S & JUNE I 2231 SHATTUCK AVE 6,454.74$ 055- -1894-002-00 JINDO VENTURES LLC 2037 DURANT AVE 3,963.70$ 057- -2053-001-00 JLLJAR LLC 1950 SHATTUCK AVE $ 3,343.54 055- -1821-003-00 JOHNSTON STEWART L 2558 SHATTUCK AVE 1,850.68$ 055- -1821-004-00 JOHNSTON STEWART L 2576 SHATTUCK AVE 1,064.16$ 057- -2049-023-00 KALOFONOS ANGELIKI & MARIA S 1849 SHATTUCK AVE 304 90.32$ 057- -2025-016-00 KAM YIU LAM & SHUN TO LO LAM L 2042 UNIVERSITY AVE 3,576.42$ 057- -2032-011-00 KAMENY HARVEY TR 2101 KALA BAGAI WAY 4,048.64$ 057- -2060-006-00 KAMI BARRY G & CATHY J TRS 1813 UNIVERSITY AVE 2,086.16$ 057- -2060-004-00 KANG BU U & JEONG H ETAL 1823 UNIVERSITY AVE 1,621.38$ 057- -2060-005-00 KANG BU U & JEONG H ETAL 1821 UNIVERSITY AVE 1,290.84$ 057- -2030-008-00 KAO ROGER Y 2117 KITTREDGE ST 2,483.92$ 057- -2032-019-00 KAPLAN EDUCATIONAL CENTERS INC 2144 KALA BAGAI WAY 3,809.40$ 057- -2031-002-00 KASHANI NASSER & PAMELA L TRS 2171 ALLSTON WAY 9,595.48$ 057- -2025-012-00 KASHEF M MEHDI & KATHERINE TRS 2001 MILVIA ST 893.86$ 057- -2025-013-00 KASHEF M MEHDI & KATHERINE TRS 2000 UNIVERSITY AVE 2,393.52$ 057- -2060-031-00 KEAS MABEL E 1801 UNIVERSITY AVE 304 178.88$ 057- -2060-044-00 KEHRET JOSEPH G 1801 UNIVERSITY AVE 408 178.88$ 057- -2060-050-05 KENNEDY PATRICK C & JULIE M TR 1809 UNIVERSITY AVE 98.02$ 057- -2060-050-06 KENNEDY PATRICK C & JULIE M TR 1807 UNIVERSITY AVE 104.62$ 057- -2060-050-07 KENNEDY PATRICK C & JULIE TRS 1807 UNIVERSITY AVE A 31.02$ 057- -2049-034-00 KHO ERIC L 1849 SHATTUCK AVE 208 90.32$ 057- -2053-005-00 KL2067 UNIVERSITY LLC 2067 UNIVERSITY AVE 873.10$ 057- -2060-003-00 KLATT PETER & JOAN C TRS 1849 UNIVERSITY AVE 1,935.10$ 057- -2030-012-00 KOOYMAN STEVEN P & SUSAN J 2219 SHATTUCK AVE 2,465.72$ 057- -2049-016-00 LAI ROGER Y 1849 SHATTUCK AVE 202 90.32$ 055- -1893-015-01 LAKIREDDY PRASAD R & SANTI 2323 SHATTUCK AVE 3,104.32$ 057- -2024-018-01 LAKIREDDY PRASAD R & SANTI 1942 UNIVERSITY AVE 5,452.36$ 055- -1897-002-00 LAKIREDDY PRASAD R & SANTI & H 2484 SHATTUCK AVE 8,883.52$ 057- -2059-008-00 LAM PAULINE P ETAL 1921 UNIVERSITY AVE 1,229.14$ 057- -2023-012-00 LANGUAGE STUDIES INC 2015 CENTER ST 4,308.30$ 057-
-2025-001-00 LAUSON LLC 2000 SHATTUCK AVE 6,705.98$ 057- -2024-011-00 LEE SANG H & CHUNG EUNJUNG 1915 ADDISON ST 2,036.80$ 057- -2049-017-00 LHAKEY PEMA 1849 SHATTUCK AVE 302 90.32$ 057- -2034-011-00 LIU JIM K 2138 UNIVERSITY AVE 2,709.62$ 057- -2034-010-00 LORI BCA 2120 L P 2015 KALA BAGAI WAY 15,511.30$ 057- -2031-004-00 MAGNES MUSEUM FOUNDATION 2121 ALLSTON WAY 6,172.78$

Page 4 of 7 ends

Berkeley City CouncilMay 31, 2022

Berkeley City Council
May 31, 2022