Tuesday, June 14, 2022 AGENDA Page 1
AG E N D A
BERKELEY CITY COUNCIL MEETING
Tuesday, June 14, 2022
6:00 PM
JESSE ARREGUIN, MAYOR
Councilmembers:
DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH
VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID -19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents 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://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/83933192334. 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: D ial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID : 839 3319 2334 . 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 inclusi on 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 C ouncil 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.
Tuesday, June 14, 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.
1. Presentation: Alameda County Affordable Housing Portal 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 w ill be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.
Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar for it to move to Action. Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.
No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.
For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may 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 pub lic comment on Consent Calendar and Information items.
Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.
Consent Calendar
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1. Ordinance authorizing an amendment to the contract between the City Council of the City of Berkeley and the Board of Administration of the California Public Employees’ Retirement System
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,813-N.S. amending the City’s contract with CalPERS to effectuate changes to the cost sharing agreement between the City and PEPRA members of Service Employee International Union, Local 1021 Maintenance and Clerical (SEIU MC), Public Employees Union Local 1 (Local 1), Community Services & Part-Time Recreation Leaders Associations Local 1021 (SEIU CSU/PTRLA), and the Unrepresented Employees Group.
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Wengraf, Robinson, Droste, Arreguin; Noes – None; Abstain – None; Absent – Hahn.
Financial Implications: See report
Contact: Donald E. Ellison, Human Resources, (510) 981-6800
2. Commission Reorganization: Amendments to Berkeley Municipal Code Section
7.52.190 (Homeless Services Panel of Experts)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,814-N.S. 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.
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Robinson, Droste, Arreguin; Noes – None; Abstain – None; Absent – Harrison.
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000
3. Placing a Measure on the November 8, 2022 Ballot Related to Housing for Persons of Low-Income
From: City Manager
Recommendation:
1. Adopt a Resolution submitting a measure related to housing for persons of low- income to a vote of the electors at the November 8, 2022 General Municipal Election.
2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.
Financial Implications: No direct fiscal impacts
Contact: Mark Numainville, City Clerk, (510) 981-6900
4. Donation to the Animal Shelter from the U.C. Davis Koret Shelter Medicine Program
From: City Manager
Recommendation: Adopt a Resolution accepting a grant from the U.C. Davis Koret Shelter Medicine Program to Animal Care Services in the sum of $5,000.
Financial Implications: Animal Services Donation Fund - $5,000 (Donation) Contact: Peter Radu, City Manager's Office, (510) 981-7000
Consent Calendar
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5. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 14, 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 - $270,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
6. Temporary Appropriations FY 2023
From: City Manager
Recommendation: Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2022, until the effective date of the FY 2023 Annual Appropriations Ordinance.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
7. FY 2023 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M, November 2012 Election) From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate funding the debt service on the Street and Integrated Watershed Improvements General Obligation Bonds (Measure M, November 2012) at 0.0075%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
8. FY 2023 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate for funding the debt service on the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) at
0.0058%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Consent Calendar
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9. FY 2023 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate funding the debt service on the 2015 consolidation of Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0130%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
10. FY 2023 Tax Rate: Fund the Debt Service on the Affordable Housing General Obligation Bonds (Measure O, November 2018 Election)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate funding the debt service on the Affordable Housing General Obligation Bonds (Measure O, November 2018) at 0.0200%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
11. FY 2023 Tax Rate: Business License Tax on Large Non-Profits From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate for Business License Tax on large non-profits at $0.7573 (75.73 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
12. FY 2023 Tax Rate: Fund the Provision of Emergency Medical Services (Paramedic Tax)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate for funding the provision of emergency medical services to Berkeley residents at $0.0433 (4.33 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
13. FY 2023 Tax Rate: Fund Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate for funding Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF) in the City of Berkeley at the annual tax rate of $0.1126 (11.26 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Abe Roman, Fire, (510) 981- 3473
Consent Calendar
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14. FY 2023 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.2039 (20.39 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
15. FY 2023 Tax Rate: Fund the Debt Service on the Infrastructure and Facilities General Obligation Bonds (Measure T1, November 2016 Election) From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate funding the debt service on the Infrastructure and Facilities Improvements General Obligation Bonds (Measure T1, November 2016) at 0.0160%.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
16. FY 2023 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate for funding the provision of emergency services for the disabled at $0.01932 (1.932 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
17. FY 2023 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley at the rate of $0.05818 (5.818 cents) per square foot of improvements for dwelling units and setting the rate for all other property at $0.08804 (8.804 cents) per square foot of improvements.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Abe Roman, Fire, (510) 981- 3473
Consent Calendar
Tuesday, June 14, 2022 AGENDA Page 7
18. FY 2023 Special Tax Rate: Fund the Provision of Library Services From: City Manager
Recommendation: Adopt first reading of an ordinance setting the FY 2023 tax rate for funding the provision of Library Services in the City of Berkeley at $0.2583 (25.83 cents) per square foot for dwelling units and $0.3906 (39.06 cents) per square foot for industrial, commercial, and institutional buildings.
Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Tess Mayer, Library, (510) 981- 6100
19. Designate the Line of Succession for the Director of Emergency Services From: City Manager
Recommendation: Adopt a Resolution approving the designated line of succession to the position of Director of Emergency Services in the event of an emergency, and rescinding Resolution No. 69,919-N.S.
Financial Implications: None
Contact: Abe Roman, Fire, (510) 981-3473
20. St. Paul Terrace Housing Trust Fund Reservation
From: City Manager
Recommendation: Adopt a Resolution: 1. Reserving $8,551,040 in Housing Trust Funds for Community Housing Development Corporation’s St. Paul Terrace (2024 Ashby) affordable housing development, conditioned on the project obtaining planning entitlements within 24 months; and 2. Authorizing the City Manager or her designee to execute all original or amended documents or agreements to effectuate these actions.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400
21. Classification and Salary: Senior Economic Development Project Coordinator From: City Manager
Recommendation: Adopt a Resolution establishing the Senior Economic Development Coordinator classification (Local 1) with a monthly stepped salary range of $11,219.88 to $13,775.00 effective June 15, 2022.
Financial Implications: None
Contact: Donald E. Ellison, Human Resources, (510) 981-6800
Consent Calendar
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22. Contract No. 8392 Amendment: Innovative Claim Solutions (ICS) for claims administration of the City’s Workers’ Compensation Program From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to extend Contract No. 8392 with Innovative Claims Solutions (ICS) to provide third-party claims administrative services, Medicare, Medicaid, and SCHIP Extension Act (MMSEA) Section 111 Mandatory Reporting to the Centers for Medicare & Medicaid Services (CMS), for an additional amount of $598,560 for July 1, 2022 through June 30, 2023.
Financial Implications: Workers’ Compensation Self-Insurance Fund - $598,560 Contact: Donald E. Ellison, Human Resources, (510) 981-6800
23. Contract: Axon Enterprise, Incorporated for Body Worn Cameras, Storage and Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Contract with Axon Enterprise, Incorporated to provide body worn cameras, equipment, software, and services for an amount not to exceed $1,115,000 over the next five years through Fiscal Year 2027.
Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
24. Commission Reorganization: Creating the Transportation and Infrastructure Commission
From: City Manager
Recommendation: Adopt a Resolution: rescinding Resolution No. 55,751-N.S. which created the Transportation Commission, rescinding Resolution No. 55,750- N.S. which created the Public Works Commission, and establishing the Transportation and Infrastructure Commission.
Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
25. Final Map of Tract 8621: 1169-1173 Hearst Avenue
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 8621, a five (5) unit residential condominium project consisting of a single-family dwelling unit and two duplexes at 1169-1173 Hearst Avenue.
Financial Implications: See report.
Contact: Liam Garland, Public Works, (510) 981-6300
26. Call for Immediate Ukraine Ceasefire
From: Peace and Justice Commission
Recommendation: Adopt a Resolution Urging a Ceasefire between Ukraine and Russia.
Financial Implications: Staff time
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100
Consent Calendar
Tuesday, June 14, 2022 AGENDA Page 9
27. Recommendation that the City Council revise Resolution No. 69,917 regarding procurement, sales and service of sugar-sweetened beverages.
From: Sugar Sweetened Beverage Product Panel of Experts Recommendation: Adopt a Resolution to amend Resolution No. 69,917 in response to the request of the City Council on June 1st, 2021, in Action Item #18A, the Sugar Sweetened Beverage Product Panel of Experts (SSBPPE) has considered “how to regulate sugar sweetened beverages at events held on City of Berkeley Property hosted by non-City entities who receive City of Berkeley funds.” The Commission recommends that the Berkeley City Council revise the requirement for events that receive City of Berkeley funding to mandate that these events also comply with the intent of Resolution No. 69,917.
The City Council has the opportunity to make the Resolution more impactful by banning the sale and service of sugary drinks at City sponsored events. This will be a powerful message to community residents and visitors who attend events such as the Book Festival, Kite Festival, Juneteenth festival and Chocolate and Chalk Art Festival to name a few.
Financial Implications: See report
Contact: Roberto Terrones, Commission Secretary, (510) 981-5400
Council Consent Items
Tuesday, June 14, 2022 AGENDA Page 10
28. Restoring and Improving Access to City of Berkeley Website and Archival Materials
From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Harrison (Co-Sponsor) Recommendation:
Direct the City Manager to:
1. Restore at previous URLs all PDF documents previously hosted on the City of Berkeley website.
2. Create a publicly accessible archival copy of the City’s previous website, CityofBerkeley.info, that can be accessed without logins and via internet search engines. Include a prominent disclaimer noting the date the website, page, or document was archived, with links redirecting to the active website or other responsive resource.
3. On the new website, update Commission pages to include a minimum of 2 years of historic agendas and other materials and update City Council and Council Committee pages to include at least 3 years of complete materials.
4. By July 15, 2022 develop and make available to all City staff and to the public training at beginner to expert levels on use of the City’s Records Online search function and create more extensive and less technical self-help resources covering basic and expert use.
5. In recognition of increased public traffic, update the Records Online homepage to explain how the portal works and link to more robust self-help resources and alternative search functions.
6. Coordinate with agency staff to include all relevant records (agendas, minutes, etc.) from Rent Board and Housing Authority in Records Online Portal.
7. Update any remaining 404 pages to explain that the City’s website has been moved/updated, and provide links to helpful pages, search functions and/or pathways to access responsive materials. As quickly as possible, consider implementing redirects with wildcards to direct as many old links to relevant new website pages in lieu of the standard 404 page. E.g. cityofberkeley.info/planning* to the Planning Department site map/homepage, or Department Specific 404 page explaining new navigation.
Refer to the City Manager the following additional improvements to Records Online:
1. Within Records Online, provide unique archival/search categories for each City Commission, Board, Committee and Rent Board, and consider other useful categories, to assist users in narrowing results and identifying responsive materials.
2. Allow Records Online search results to be sorted by date and by other searchable factors. Consider means to integrate records online into default site search bar.
3. Explore and report back to Council options for improving the scope of Records Online, improving search options and sorting, and making all materials – or materials from January 1, 2000 (or an earlier recommended date) forward, searchable using internet search engines.
Financial Implications: Staff time
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150
Council Consent Items
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29. Support for SB 1389: Low-Level Vehicle Infractions
From: Councilmember Robinson (Author), Mayor Arreguin (Co-Sponsor) Recommendation: Send a letter to Senator Steven Bradford, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of Senate Bill 1389, which would prohibit peace officers from initiating traffic stops for certain low-level infractions unless there is a separate, independent basis to initiate the stop.
Financial Implications: Staff time
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 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 m inutes. 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 use the "raise hand" function to be recognized and to determine the number of persons interested in speaking at that time.
Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interest ed 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.
30. FY 2023 and FY 2024 Proposed Budget Public Hearing #2 From: City Manager
Recommendation: Conduct Public Hearing #2 on the FY 2023 and FY 2024 Proposed Budget.
Financial Implications: See FY 2023 and FY 2024 Proposed Biennial Budget Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000
Action Calendar – Old Business
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31. City Council Comments on the FY 2023 and FY 2024 Proposed Biennial Budget and Capital Improvement Program (Continued from May 31, 2022.) (Item contains supplemental material.)
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
32. Police Equipment & Community Safety Ordinance Impact Statements, Associated Equipment Policies and Annual Equipment Use Report (Continued from May 10, 2022)
From: City Manager
Recommendation: Adopt a Resolution approving the Controlled Equipment Impact Statements, Associated Equipment Use Policies and Equipment.
Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action Calendar – New Business
33. Parking Enforcement of Existing Parking Code in Fire Zones 2 & 3 (Reviewed by the Public Safety Policy Committee)
From: Disaster and Fire Safety Commission
Recommendation: The Disaster and Fire Safety Commission (DFSC) recommends that Council direct the Berkeley Police Department to enforce existing Berkeley Municipal Code in all Fire Zones.
Policy Committee Recommendation: Forward the item to the City Council with a qualified positive recommendation amending the item to a budget referral for the FY 23 & FY 24 budget process to hire an additional dedicated parking officer for fire zones 2 & 3.
Financial Implications: See report
Contact: Keith May, Commission Secretary, (510) 981-3473
Council Action Items
34. Refer to the City Attorney and City Manager an Empty Homes Tax Ordinance for the November 8, 2022 Ballot
From: Councilmember Harrison (Author)
Recommendation: Refer to the City Attorney and City Manager to prepare and submit a resolution submitting an Ordinance adding Chapter 7.54 to the Berkeley Municipal Code taxing housing units that 1) have remained vacant for more than six months, 2) are not under permitted renovation and 3) are in multi-unit buildings or are single family homes or condominiums whose owners are not natural persons or family trusts to a vote of the electors at the November 8, 2022 General Municipal Election.
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140
Council Action Items
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35. Budget Referral and Resolution Establishing a Pilot Existing Building Electrification Installation Incentives and Just Transition Program with Pre- Qualified Contractors Meeting Minimum Labor Standards to Assist New Property Owners, Renters and Existing Property Owners with Transition to Zero-Carbon Buildings (Reviewed by the Budget & Finance Committee) From: Councilmember Harrison (Author), Councilmember Bartlett (Co- Sponsor)
Recommendation:
1. Adopt a Resolution establishing: a. a referral to Office of Energy and Sustainable Development (OESD) staff to design and launch a two-year Pilot Existing Building Electrification Installation Incentives and “Just Transition” Program, using pre- qualified contractors meeting minimum labor standards to assist new property owners, renters and existing property owners with transition to zero-carbon plumbing, HVAC, cooking, and related electrical systems, with a preference first for assisting existing affordable housing buildings and assisting households at or below 120% of the Area Median Income; and b. an annual process for the Energy (or successor) Commission and the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee (FITES), in consultation with community and labor groups, to provide input to staff and Council about eligible categories of fund expenditures to maximize equitable emissions reductions and impacts for eligible households while leaving the mechanisms for doing so to staff discretion.
2. Send copies of the Resolution and letters to members of the California Public Utilities and Energy Commissions, Governor Newsom, State Senator Skinner, and Assemblymember Wicks conveying urgent support for a statewide approach to rapidly contract the natural gas distribution system in a way that is safe, economical for remaining customers, and that provides a just transition for affected workers, including gas utility and extraction workers.
Policy Committee Recommendation: to send the item to Council with a qualified positive recommendation including the following amendments: Recommendation 2.
That part of the recommended funding source is American Rescue Plan dollars and; Recommendation 1a. Modifying the end of the last sentence to “with a preference first for affordable housing projects and assisting households at or below 120% the area median income.”
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140
Information Reports
36. City Council Short Term Referral Process – Quarterly Update From: City Manager
Contact: Mark Numainville, City Clerk, (510) 981-6900
Information Reports
Tuesday, June 14, 2022 AGENDA Page 14
37. Results of General Obligation Bonds: $40,000,000 City of Berkeley 2022 General Obligations Bonds, Series B (2018 Election Measure O: Affordable Housing) (Federally Taxable)
From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300
38. Update on the Implementation of Fair and Impartial Policing Task Force Recommendations
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
39. City Auditor’s Office 2021 Peer Review Results
From: Auditor
Contact: Jenny Wong, Auditor, (510) 981-6750
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 u se 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 Coun cil 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, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S . Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at 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:
Tuesday, June 14, 2022 AGENDA Page 15
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:
To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (510) 981-6418 (V) or (510) 981-6347 (TDD) at least three business days before the meeting date.
Captioning services are provided at the meeting, on B-TV, and on the Internet. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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 June 2, 2022.
Mark Numainville, City Clerk
Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.
Item 17: FY 2023 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
1. Jose Luis Bedolla, Chair, Disaster and Fire Safety Commission Berkeley Marina Area Specific Plan (BMASP)/Chavez Park
2. Deborah Scott
3. phcanin@
4. Mike Vanderman
5. Steve Masover
6. Pat Phillips
7. Alexis Milea
8. Sierra Club East Bay Public Lands Committee
9. Beverley Spencer
10. Katherine Ogburn
11. Sasha Futran
12. Margo Lesl
Communications
Tuesday, June 14, 2022 AGENDA Page 16
13. Carlos Hill
14. Nancy Hormachea
15. Irene Jung-Huang
Public Safety
16. Ann Einstein
17. Lorraine Mahley
18. Margo Smtih
19. Barbara Atwell
20. Pamela Drake
21. Councilmember Bartlett
22. Andrea Prichett
23. Robin Kibby
Hopkins Corridor Plan
24. Robion Kirby
25. Sondra Jensen
26. Margot Smith
27. Jeanne Schuman
28. Zelda
29. Marilyn Margulius
30. Zelda Bronstein
31. Sheridan Pauker
32. Dahlia Armon
Vaccination for Pool Use
33. Donna Mickleson (4)
34. Chuck Herndon (2)
35. Paul Preston
36. Lynn Jones Finn
SB 1338 – CARE Court Program
37. John Caner, on behalf of the Downtown Berkeley Association
Homelessness Reporting
38. Natalie Hanson (4)
39. Councilmember Harrison
Affordable Housing
40. Gramma Grass
41. Barry Fike
1201-1205 San Pablo
42. Margaret
Communications
Tuesday, June 14, 2022 AGENDA Page 17
COVID + Masks
43. George Torgun
Landlord Issues
44. Nancy Joachim
45. Karen Oberdorfer
Fire Safety in the Berkeley Hills
46. Marissa Moss
Berkeley Unified School District
47. Cielo Rios
48. Mara Kolesas
Train Horns
49. Lauren Parson
City of Berkeley Website
50. Thomas Lord
Environment and Climate Commission
51. Sam Kaplan-Pettus
Sanctuary Contracting Ordinance
52. Elana Auerbach
35th Annual Juneteenth Festival
53. Delores Nochi Cooper
Israel Visit
54. Henry Norr
55. Glen Hauer
56. Max Ventura
57. Jeff Pekrul
58. Melanie Lawrence and John Smail
59. Rafael Gonzalez
60. Martha Larsen
61. Bonnie Weiss
62. Mary Prophet
63. Jay Rosenthal
64. Judy Grether
65. Anna T.
66. Izumi Van Cleave
67. Patricia Hartnett
68. Tori Porell
69. Charles Wollenberg
Communications
Tuesday, June 14, 2022 AGENDA Page 18
70. Carol Sanders
71. Hani Kaileh
72. Esther Lerman
73. Is Sullivan
74. Dorothea Dorenz
75. Karen Carroll
76. Andrew Paul Gutierrez
77. Dave Joki
78. Nora Roman
79. Daniel Zwickel ben Avram
80. Sara Sunstein
81. Eleanor Levine
82. Bobbi Sloan
83. Vivian Zelaya
84. P.Rainey
People’s Park
85. Joe Liesner
86. Max Ventura
Police Accountability Board
87. James McFadden
88. Diana Bohn
89. Andrea Prtichett
7-11 Alcohol License for 7-11 at University and San Pablo
90. Chris Horgan and Elena Prakoura
Cosco Busan Oil Spill of 2017
91. California State Department of Fish and Wildlife
Mayors for Peace
92. Jackie Cabasso
Mental Health for Berkeley Students
93. Hector Malvido
Bicycle and Rolling Tour
94. Aimee Baldwin
No Final Comments at May 24 Council Meeting
95. Blair Beekman
Increasing Property Taxes
96. Paul Mathew
Communications
Tuesday, June 14, 2022 AGENDA Page 19
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.
Ordinance No. 7,813-N.S. Page 1 of 1
ORDINANCE NO. 7,813 N.S.
AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY
COUNCIL OF THE CITY OF BERKELEY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1.
That an amendment to the contract between the City Council of the City of Berkeley and the Board of Administration, California Public Employees’ Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit A, and by such reference made a part hereof as though herein set out in full.
Section 2.
The Mayor of the City of Berkeley City Council is hereby authorized, empowered, and directed to execute said amendment for, and on behalf of, said Agency.
Section 3.
This Ordinance shall take effect thirty (30) days after the date of its adoption. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
At a regular meeting of the Council of the City of Berkeley held on May 24, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:
Ayes: Bartlett, Droste, Harrison, Kesarwani, Robinson, Taplin, Wengraf, and Arreguin.
Noes: None.
Absent: Hahn.
Ordinance No. 7,814-N.S. Page 1 of 3
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.
ORDINANCE NO. 7,814-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.
02
Ordinance No. 7,814-N.S. Page 2 of 3
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;
2. Invite service providers and other interested members of the community to attend its meetings;
Ordinance No. 7,814-N.S. Page 3 of 3
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.
At a regular meeting of the Council of the City of Berkeley held on May 31, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:
Ayes: Bartlett, Droste, Hahn, Kesarwani, Robinson, Taplin, Wengraf, and Arreguin.
Noes: None.
Absent: Harrison.
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Placing a Measure on the November 8, 2022 Ballot Related to Housing for Persons of Low-Income
RECOMMENDATION
1. Adopt a Resolution submitting a measure related to housing for persons of low- income to a vote of the electors at the November 8, 2022 General Municipal Election.
2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.
FISCAL IMPACTS OF RECOMMENDATION
No direct fiscal impacts related to the recommended action. Election services have seen a steep increase since 2018, with the City’s first million-dollar election in 2020. It is uncertain at this time how recent state mandates and the pandemic will affect election costs in an ongoing basis. In addition, the number of measures placed on the ballot, and the length of the measures, are the primary driving factors in the fluctuation of election costs.
CURRENT SITUATION AND ITS EFFECTS
Article XXXIV of the California Constitution requires that citizens authorize any federal, state or local public entity to develop, construct or acquire additional units of low-rent housing for persons of low income. This measure meets that requirement.
BACKGROUND
This measure does not approve specific housing projects or commit City funds to any housing project. This measure is advisory in nature to meet the requirement under Article XXXIV of the state Constitution.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.
03
Placing a Measure on the November 8, 2022 Ballot CONSENT CALENDAR Related to Housing for Persons of Low-Income June 14, 2022
RATIONALE FOR RECOMMENDATION
The City Clerk is presenting this action in accordance with the requirements of the state Constitution.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Mark Numainville, City Clerk, 981-6900
Attachments:
1: Resolution
Exhibit A: Text of Measure
RESOLUTION NO. -N.S.
SUBMITTING TO THE BERKELEY ELECTORATE A MEASURE TO AUTHORIZE ANY
FEDERAL, STATE OR LOCAL PUBLIC ENTITY TO DEVELOP, CONSTRUCT OR
ACQUIRE ADDITIONAL UNITS OF LOW-RENT HOUSING FOR PERSONS OF LOW INCOME ON THE NOVEMBER 8, 2022 BALLOT
WHEREAS, the Berkeley City Council has elected to submit to the voters at the November 8, 2022 General Municipal Election, a measure to authorize any federal, state or local public entity to develop, construct or acquire additional units of low-rent housing for persons of low income; and
WHEREAS, in accordance with the provisions of Section 10002 and 10403 of the Elections Code of the State of California, the Alameda County Board of Supervisors is requested to consolidate the City of Berkeley General Municipal Election with the Statewide General Election to be held November 8, 2022; and WHEREAS, the City of Berkeley hereby requests that the Alameda County Board of Supervisors permit the Registrar of Voters of Alameda County to perform services in connection with said election at the request of the City Clerk. These services to include all necessary services related to official ballot creation, sample ballot and voter information pamphlet preparation, vote-by-mail, polling places, poll workers, voter registration, voting machines, canvass operations, and any and all other services necessary for the conduct of the consolidated election; and WHEREAS, the Council desires to submit this measure to be placed upon the ballot at said consolidated election.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Board of Supervisors of Alameda County is hereby requested to include on the ballots and sample ballots the measure enumerated above to be voted on by the voters of the qualified electors of the City of Berkeley.
BE IT FURTHER RESOLVED that the full text of the measure shall be printed in the Voter Information Pamphlet mailed to all voters in the City of Berkeley.
BE IT FURTHER RESOLVED that the above enumerated measure requires a majority vote threshold for passage.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to cause the posting, publication and printing of notices, pursuant to the requirements of the Charter of the City of Berkeley, the Government Code and the Elections Code of the State of California.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to obtain printing, supplies and services as required.
BE IT FURTHER RESOLVED that the City Clerk is hereby authorized to enter into any contracts necessary for election consulting services, temporary employment services, printing services, and any such other supplies and services as may be required by the statutes of the State of California and the Charter of the City of Berkeley for the conduct of the November General Municipal Election.
BE IT FURTHER RESOLVED that Pursuant to Elections Code Section 9285 (b), the City Council hereby adopts the provisions of Elections Code Section 9285 (a) providing for the filing of rebuttal arguments for city ballot measures.
BE IT FURTHER RESOLVED that the City will reimburse the Registrar of Voters for the costs associated with placing the measure on the ballot.
BE IT FURTHER RESOLVED that said proposed measure shall appear and be printed upon the ballots to be used at said election as follows:
CITY OF BERKELEY BALLOT MEASURE
YESShall any federal, state or local public entity be empowered to develop, construct or acquire an additional 3,000 units of low-rent housing in the City of Berkeley for persons of low income?
Financial Implications:
Uncertain, dependent on means of financing used. NO
BE IT FURTHER RESOLVED that the text of the measure be shown as Exhibit A, attached hereto and made a part hereof.
Exhibits
A: Text of Measure
Text of Measure
RESOLUTION NO. -N.S.
AUTHORIZING PUBLIC ENTITIES TO DEVELOP, CONSTRUCT, OR ACQUIRE NO MORE THAN 3,000 UNITS OF LOW RENT HOUSING IN THE CITY OF BERKELEY WHEREAS, Article XXXIV of the Constitution of California requires that a majority of qualified voters of the City of Berkeley determine whether or not any public entity should be empowered to develop, construct, or acquire low rent housing projects in the City of Berkeley.
NOW THEREFORE, BE IT RESOLVED by the People of the City of Berkeley that any public entity shall be empowered to develop, construct or acquire up to 3,000 additional units of low-rent housing for persons of low income in the City of Berkeley.
BE IT FURTHER RESOLVED that the terms of the authorization contained in this measure shall be construed in the same manner as Article XXXIV of the Constitution of California and any laws or cases interpreting that section.
Exhibit A
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
JUNE 14, 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: Donation to the Animal Shelter from the U.C. Davis Koret Shelter Medicine Program
RECOMMENDATION
Adopt a Resolution accepting a grant from the U.C. Davis Koret Shelter Medicine Program to Animal Care Services in the sum of $5,000.
FISCAL IMPACTS OF RECOMMENDATION
A grant in the amount of $5,000 from The U.C. Davis Koret Shelter Medicine Program to Animal Services will be used for off-site veterinary care and be deposited in the Animal Services Donation Fund. Animal Services spends approximately $20,000 annually for off-site veterinary care and a $5,000 donation will subsidize 25% of this expense.
CURRENT SITUATION AND ITS EFFECTS
Berkeley Animal Care Services (BACS) houses and cares for approximately 1,100 stray, surrendered and abandoned animals each year. Many animals arrive needing veterinary care related to injury or advanced disease processes. Animal Services strives to treat all sick and injured animals that have a good chance of recovery and adoption and uses several local veterinary clinics to provide services that cannot be provided at the shelter such as X-rays, ultrasounds and specialized surgeries. Providing this care is critical to maintaining a high live release rate and low euthanasia rate for shelter animals.
BACKGROUND
In 2021, the state of California enacted legislation that includes $45 million in support for a statewide Animal Shelter Assistance Program. The five-year initiative administered by the Koret Shelter Medicine Program at UC Davis Center for Companion Animal Health will provide critical funding for shelters. The first round of funding was recently made available in the form of a $5000 Welcome Grant. This initial grant may be used by each shelter as best fits their respective needs.
Grant to Animal Services from the U.C. Davis Koret Shelter Medicine Program CONSENT CALENDAR June 14, 2022
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACT
There are no identifiable environmental effects or opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
Animal Services must provide essential veterinary care to shelter animals in order to maintain a high live release rate. A grant in the amount of $5,000 will subsidize 25% of the amount Animal Services spends on off-site veterinary care annually.
ALTERNATIVE ACTIONS CONSIDERED
If the City were not to accept the $5,000 grant from the U.C. Davis Koret Shelter Medicine Program, Animal Services would need to use a comparable amount from the Animal Services Donation Fund.
CONTACT PERSON
Amelia Funghi, Animal Shelter Manager (510) 981-6603
RESOLUTION NO. XX,XXX-N.S.
AUTHORIZING THE ACCEPTANCE OF A DONATION TO BERKELEY ANIMAL CARE SERVICES FROM THE U.C. DAVIS KORET SHELTER MEDICINE PROGRAM IN THE AMOUNT OF $5,000
WHEREAS, the U.C. Davis Koret Shelter Medicine Program has named Berkley Animal Care Services (BACS) as a recipient of a gift; and
WHEREAS, BACS houses and cares for approximately 1,100 stray, surrendered and abandoned animals each year; and
WHEREAS, the shelter treats sick and injured animals that have a good chance of recovery and adoption, and donations are often used to cover these veterinary bills; and WHEREAS, the donation in the sum of $5,000 will be deposited in the Animal Shelter Donation Fund.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council accepts a donation to Berkeley Animal Care Services from the U.C. Davis Koret Shelter Medicine Program in the amount of $5,000.
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 14, 2022
RECOMMENDATION
Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.
Total estimated cost of items included in this report is $270,000.
CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.
PROJECT Fund Source Amount
HHCS Equity Consultant 336 One Time Grant $120,000
Berkeley Public Library Strategic
Planning 101 Library Tax $150,000
Total: $270,000
05
Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council June 14, 2022 Approval on June 14, 2022
BACKGROUND
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S., amending the City Manager’s purchasing authority for services.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Finance Department reviews all formal bid and proposal solicitations to ensure that they include provisions for compliance with the City’s environmental policies. For each contract that is subject to City Council authorization, staff will address environmental sustainability considerations in the associated staff report to City Council.
RATIONALE FOR RECOMMENDATION
Need for the services.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Darryl Sweet, General Services Manager, Finance, 510-981-7329 Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 14, 2022
a. HHCS Equity Consultant
b. Berkeley Public Library Strategic Planning
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.
NEXT 30 DAYS
DATE SUBMITTED: June 14, 2022
Attachment 1
1 of 1
SPECIFICATI
ON NO.
DESCRIPTION
OF GOODS /
SERVICES
BEING
PURCHASED
APPROX.
RELEASE
DATE
APPROX.
BID
OPENING
DATE
INTENDED USE ESTIMATED COST BUDGET CODE TO BE
CHARGED
DEPT. /
DIVISION
CONTACT
NAME &
PHONE
22-11529-C HHCS Equity
Consultant
6/15/2022 7/6/2022 Contract with a consultant
to create a HHCS-wide
equity framework and
facilitate development of a
department strategic plan
that is anchored in this
equity framework.
$120,000 HHOCER2201-
NONPERSONN-OPERATING-
MISCPROFSV;
336-51-501-501-2075-000-
451-612990-
HHCS/Office of
the Director
Katie Hawn
847-8532
Dept TOTAL $120,000.00
22-11530-C Berkeley Public
Library Strategic
Planning
6/15/2022 7/11/2022 The City of Berkeley is
soliciting written proposals
from qualified firms or
individuals is seeking
proposals from
organizations experienced
in work with libraries and
with strategic planning to
aid in the development and
facilitation of a community-
focused process resulting
in a Strategic Plan and
updated Mission, Vision,
Values, and Culture
statements. The Plan will
serve as a tool to guide the
organization and to
communicate with the
community about the
Library.
$150,000 101-22-241-261-0000-000-
463-612990-
Berkeley Public
Library
Tess Mayer
981-6108
Dept TOTAL $150,000
TOTAL $270,000.00
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: Temporary Appropriations FY 2023
RECOMMENDATION
Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2022, until the effective date of the FY 2023 Annual Appropriations Ordinance.
FISCAL IMPACTS OF RECOMMENDATION
The financial implications are already stated in the Annual Appropriations Ordinance.
CURRENT SITUATION AND ITS EFFECTS
A temporary appropriation of funds is required to permit expenditures until the effective date of the Annual Appropriation Ordinance, which occurs 30 days after the second reading. Section 54, Article X of the Charter of the City of Berkeley authorizes such temporary appropriations.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.
BACKGROUND
The budget is scheduled for adoption on June 28, 2022, and the Annual Appropriations Ordinance is to be passed on the same day with a required second reading on July 12 2022. A temporary appropriation of funds is required to permit expenditures until the effective date of the Annual Appropriations Ordinance, which occurs approximately 30 days after the second reading (i.e., August 13). The sum appropriated, when expended, shall be chargeable to the Annual Appropriations Ordinance for FY 2023 when the budget has been adopted, and said Ordinance has been passed.
CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 981-7326
Attachments:
06
[Title of Report] CONSENT CALENDAR
June 14, 2022
1: Resolution
RESOLUTION NO. ##,###-N.S.
AUTHORIZING A TEMPORARY APPROPRIATION FOR PAYROLL AND OTHER EXPENSES FROM JULY 1, 2022 UNTIL THE EFFECTIVE DATE OF THE FISCAL YEAR 2023 ANNUAL APPROPRIATIONS ORDINANCE
WHEREAS, the City Charter of the City of Berkeley grants authority to the City Council to annually adopt an appropriations ordinance, to pay the expenses of conducting the business of City government for the next ensuing fiscal year; and WHEREAS, the Annual Appropriations Ordinance to be passed on June 28, 2022 will not be effective earlier than August 11, 2022.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that $50,000,000 be appropriated from available funds for payroll and other expenses from July 1, 2022 until the effective date of the FY 2023 Annual Appropriations Ordinance, chargeable to the appropriations for FY 2023.
BE IT FURTHER RESOLVED that it is the purpose and intent of this Resolution to make available funds as provided by Section 54, Article X, of the Charter of the City of Berkeley pending final adoption of the Annual Appropriations Ordinance for FY 2023.
BE IT FURTHER RESOLVED that the sum hereby appropriated shall, when expended, be chargeable to the appropriations of said fiscal year, when said Ordinance has been finally passed and adopted.
BE IT FURTHER RESOLVED that temporary inter-fund transfers be made as necessary to make funds available to carry out said purposes and intent of this resolution pending final adoption of said Ordinance.
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2023 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M, November 2012 Election)
RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2023 tax rate funding the debt service on the Street and Integrated Watershed Improvements General Obligation Bonds (Measure M, November 2012) at 0.0075%.
FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended 0.0075% will result in estimated collections of $1,800,000. This amount (along with existing funds on hand) is sufficient to make the debt service payments on March 1, 2023 and September 1, 2023.
CURRENT SITUATION AND ITS EFFECTS
The 0.0075% tax rate for FY 2023 being set by the City Council is based on the current debt service, the estimated FY 2023 assessed values for all rolls (secured, unsecured and utility), a delinquency reserve of 5%, and the surplus remaining in the fund. Since Alameda County does not release final assessed value figures until early August, the City is using preliminary values. Staff is confident that the preliminary values will not be materially different from the County’s final figure. The City must establish a tax rate that will be sufficient to make debt service payments even if there are unusual levels of delinquency. The tax rate in FY 2023 is a decrease in the rate charged in FY 2022.
Because all taxes collected from the general obligation levy will be deposited in a special fund, and collections not used to pay debt service for the FY 2023 bond year will be retained in the fund to pay future obligations, the tax impact of any over-collection will be credited against future debt service payments and the required levy.
It is recommended that the City Council authorize a FY 2023 tax rate of 0.0075% which will result in the following cost to the average homeowner during FY 2023:
07
FY 2023 Tax Rate: Fund Debt Service on Street and CONSENT CALENDAR Integrated Watershed Improvements (Measure M, November June 14, 2022 2012 Election)
Annual Tax
Assessed
Value FY 2022 Tax FY 2023 Tax
$150,000 $11.55 $11.25
250,000 19.25 18.75
300,000 23.10 22.50
400,000 30.80 30.00
500,000 38.50 37.50
600,000 46.20 45.00
700,000 53.90 52.50
800,000 61.60 60.00
900,000 69.30 67.50
1,000,000 77.00 75.00
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.
BACKGROUND
In November 2012, the residents of Berkeley voted for and approved Ballot Measure M, for the sum of $30,000,000 of General Obligation Bonds to accelerate street repaving and rehabilitation consistent with the 5-Year Street Rehabilitation Plan, integrating green infrastructure to the extent feasible. Green infrastructure includes but is not limited to: (a) surface level bio-retention measures (rain gardens, swales, bio-retention cells, permeable paving, etc.) within the parking strip, planter area of sidewalks, red zone curb-extensions, and in street medians as feasible; and (b) large underground storage pipes, which would fill during storm events and then discharge metered flows into the existing storm drain pipelines.
$15,000,000 of the $30,000,000 in authorized bonds were issued in 2014, and the remaining $15,000,000 of bonds were issued in 2016. The tax rate above reflects the debt service payments for the fiscal year.
CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 510-981-7326 Attachments:
1: Ordinance
ORDINANCE NO. -N.S.
SETTING THE FISCAL YEAR 2023 TAX RATE FOR FUNDING THE DEBT SERVICE
ON THE STREET AND WATERSHED IMPROVEMENTS GENERAL OBLIGATION BONDS (MEASURE M, NOVEMBER 2012 ELECTION) IN THE CITY OF BERKELEY BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. The FY 2023 tax rate for debt service on the General Obligation Bonds is set at 0.0075%.
Section 2. The Tax Rate will be based on the estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2023 property tax bill.
Section 3. This Tax Rate will result in estimated total collections of $1,800,000 needed to make the March 1, 2023 and September 1, 2023 debt service payments on the outstanding General Obligation Bonds.
Section 4. 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.
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2023 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election)
RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2023 tax rate for funding the debt service on the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) at 0.0058%.
FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended 0.0058% will result in estimated collections of $1,350,000. This amount (along with existing funds on hand) is sufficient to make the debt service payments on March 1, 2023 and September 1, 2023.
CURRENT SITUATION AND ITS EFFECTS
The 0.0058% tax rate for FY 2023 being set by the City Council is based on the debt service, the estimated FY 2023 assessed values for all rolls (secured, unsecured and utility), a delinquency reserve of 5%, and the surplus remaining in the fund. Since Alameda County does not release final assessed value figures until early August, the City is using preliminary values. Staff is confident that the preliminary values will not be materially different from the County's final figure. The City must establish a tax rate that will be sufficient to make debt service payments even if there are unusual levels of delinquency. The tax rate in FY 2023 is a decrease in the rate charged in FY 2022.
Because all taxes collected from the general obligation levy will be deposited in a special fund, and collections not used to pay debt service for the FY 2023 bond year will be retained in the fund to pay future obligations, the tax impact of any over-collection will be credited against future debt service payments and the required levy.
It is recommended that the City Council authorize a FY 2023 tax rate of 0.0058% which will result in the following cost to the average homeowner during FY 2023:
08
FY 2023 Tax Rate: Fund Debt Service on Neighborhood CONSENT CALENDAR Branch Library Improvements Project General Obligation June 14, 2022 Bonds (Measure FF, November 2008 Election)
Annual Tax
Assessed
Value FY 2022 Tax FY 2023 Tax
$150,000 $8.85 $8.70
250,000 14.75 14.50
300,000 17.70 17.40
400,000 23.60 23.20
500,000 29.50 29.00
600,000 35.40 34.80
700,000 41.30 40.60
800,000 47.20 46.40
900,000 53.10 52.20
1,000,000 59.00 58.00
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.
BACKGROUND
In November 2008, the residents of Berkeley voted for and approved Ballot Measure FF, in the sum of $26,000,000 of General Obligation Bonds to renovate, expand, and make seismic and access improvements at the four neighborhood branch libraries (excluding the Central Library).
The indebtedness on the total bonds issued of $26,000,000 is payable solely from the levy of an ad valorem tax against taxable property in the City. The proceeds of the bonds were used to renovate, expand, and make seismic and access improvements at the four neighborhood branch libraries (excluding the Central Library). $10,000,000 of the $26,000,000 in authorized bonds were issued in 2009, and the remaining $16,000,000 of bonds were issued in 2010. The tax rate above reflects the debt service payments for the fiscal year.
CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 510-981-7326 Attachments:
1: Ordinance
ORDINANCE NO. -N.S.
SETTING THE FY 2023 TAX RATE FOR FUNDING THE DEBT SERVICE ON THE
NEIGHBORHOOD BRANCH LIBRARY IMPROVEMENTS PROJECT GENERAL OBLIGATION BONDS (MEASURE FF, NOVEMBER 2008 ELECTION) IN THE CITY OF
BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. The FY 2023 tax rate for the debt service on the Gener al Obligation Bonds is
set at 0.0058%.
Section 2. The Tax Rate will be based on the estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2023 property tax bill.
Section 3. This Tax Rate will result in estimated total collections of $1,350,000 needed to make the March 1, 2023 and September 1, 2023 debt service payments on the outstanding General Obligation Bonds.
Section 4. 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.
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2023 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I)
RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2023 tax rate funding the debt service on the 2015 consolidation of Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0130%.
FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended 0.0130% will result in estimated collections of $3,100,000. This amount (along with existing funds on hand) is sufficient to make the debt service payments on March 1, 2023 and September 1, 2023.
CURRENT SITUATION AND ITS EFFECTS
The 0.0130% tax rate for FY 2023 being set by the City Council is based on the current debt service, the estimated FY 2023 assessed values for all rolls (secured, unsecured, and utility), a delinquency reserve of 5%, and the surplus remaining in the fund. Since Alameda County does not release final assessed value figures until early August, the City is using preliminary values. Staff is confident that the preliminary values will not be materially different from the County’s final figure. The City must establish a tax rate that will be sufficient to make debt service payments even if there are unusual levels of delinquency. The tax rate in FY 2023 is a decrease in the rate charged in FY 2022.
Because all taxes collected from the general obligation levy will be deposited in a special fund, and collections not used to pay debt service for the FY 2023 bond year will be retained in the fund to pay future obligations, the tax impact of any over-collection will be credited against future debt service payments and the required levy.
It is recommended that the City Council authorize a FY 2023 tax rate of 0.0130% which will result in the following cost to the average homeowner during FY 2023:
09
FY 2023 Tax Rate: Fund Debt Service on the Consolidated CONSENT CALENDAR General Obligation Bonds (Elections of 1992, 1996, 2002) June 14, 2022
Annual Tax
Assessed
Value FY 2022 Tax FY 2023 Tax
$150,000 $20.25 $19.50
250,000 33.75 32.50
300,000 40.50 39.00
400,000 54.00 52.00
500,000 67.50 65.00
600,000 81.00 78.00
700,000 94.50 91.00
800,000 108.00 104.00
900,000 121.50 117.00
1,000,000 135.00 130.00
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.
BACKGROUND
Measure G
On November 3, 1992, the voters of the City of Berkeley approved the incurring of bonded indebtedness for fire safety and seismic improvements to emergency facilities (Measure G). This indebtedness was not to exceed an aggregate principal amount of $55,000,000. The Series A Bonds in the amount of $8,000,000 were issued on June 1, 1993; Series B Bonds in the amount of $14,000,000 were issued on July 25, 1995; and Series C bonds in the amount of $10,500,000 were issued on July 1, 1997.
The indebtedness on the total bonds issued of $32,500,000 is payable solely from the levy of an ad valorem tax against taxable property in the City. The proceeds of the bonds were used to pay for, among other things, “repairing and seismic retrofitting of existing fire stations, the Public Safety Building, which contains the City communication center, and the Emergency Operations Center (EOC).” On November 1, 2002, the City issued $17,865,000 in General Obligation refunding bonds to refund the 1993 Measure G (Series A) and 1995 Measure G (Series B) General Obligation bonds. In May 2007, the City issued $4,340,000 in refunding bonds to refund the 1997 Measure G, (Series C) General Obligation bonds.
FY 2023 Tax Rate: Fund Debt Service on the Consolidated CONSENT CALENDAR General Obligation Bonds (Elections of 1992, 1996, 2002) June 14, 2022
Measure S
On November 5, 1996, the voters of the City of Berkeley approved incurring a total of $49,000,000 bonded indebtedness to ensure the safety of its public and employees and to revitalize downtown.
The indebtedness is payable solely from the levy of an ad valorem tax against taxable property in the City. The proceeds were used to restore, expand and make the Main Library earthquake-safe and improve disabled access to it; to internally retrofit and increase disabled accessibility to Martin Luther King Jr., Civic Center Building; and to install landscaping, street improvements, street lighting, and other related capital improvements within the downtown area of Berkeley.
On June 4, 1997 Series A Bonds in the amount of $10,000,000 were issued; on December 1, 1998 Series B Bonds in the amount of $25,000,000 were issued; and on August 1, 1999 Series C Bonds in the amount of $14,000,000 were issued. In May 2007, the City issued $41,245,000 in refunding bonds to refund the 1997, 1998, and 1999 Measure S (Series A, B, and C) General Obligation bonds.
Measure I
In November 2002, the residents of Berkeley voted for and approved Ballot Measure I, in the sum of $7,200,000 of General Obligation Bonds to acquire property, if necessary, and to construct or rehabilitate a building for an animal shelter that meets the requirements of state law.
The indebtedness on the total bonds issued of $7,200,000 is payable solely from the levy of an ad valorem tax against taxable property in the City. The proceeds of the bonds were used to acquire property, and to construct a building for an animal shelter that meets the requirements of state law.
The General Obligation Bonds in the amount of $7,200,000 were issued on January 9, 2008.
All bonds were consolidated in a refinancing completed on July 15, 2015 which included the issuance of $36,680,000 in general obligation refunding bonds.
The tax rate above reflects the debt service payments for the fiscal year.
CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 510-981-7326 Attachments:
1: Ordinance
ORDINANCE NO. -N.S.
SETTING THE FY 2023 TAX RATE FOR FUNDING THE DEBT SERVICE ON THE 2015 REFUNDING GENERAL OBLIGATION BONDS
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. The FY 2023 Tax Rate for the debt service on the 2015 Refunding General Obligation Bonds - Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0130%.
Section 2. The Tax Rate will be based on estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2023 property tax bill.
Section 3. This Tax Rate will result in estimated total collections of $3,100,000 needed to make the March 1, 2023 and September 1, 2023 debt service payments on Refunding General Obligation Bonds.
Section 4. 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.
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2023 Tax Rate: Fund the Debt Service on the Affordable Housing General Obligation Bonds (Measure O, November 2018 Election)
RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2023 tax rate funding the debt service on the Affordable Housing General Obligation Bonds (Measure O, November 2018) at
0.0200%.
FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended 0.0200% will result in estimated collections of $4,600,000. This amount will be sufficient to make the debt service payments on the 2020 Series A and 2022 Series B Bonds with debt service due March 1, 2023 and September 1, 2023.
CURRENT SITUATION AND ITS EFFECTS
The 0.0200% tax rate for FY 2023 being set by the City Council is based on the debt service of the Series A and Series B Bonds, the estimated FY 2023 assessed values for all rolls (secured, unsecured and utility), a delinquency reserve of 5%, and the surplus remaining in the fund. Since Alameda County does not release final assessed value figures until early August, the City is using preliminary values. Staff is confident that the preliminary values will not be materially different from the County’s final figure. The City must establish a tax rate that will be sufficient to make debt service payments even if there are unusual levels of delinquency.
Because all taxes collected from the general obligation levy will be deposited in a special fund, and collections not used to pay debt service for the FY 2023 bond year will be retained in the fund to pay future obligations, the tax impact of any over-collection will be credited against future debt service payments and the required levy.
10
FY 2023 Tax Rate: Fund Debt Service on Affordable Housing CONSENT CALENDAR General Obligation Bonds (Measure O, November 2018 Election) June 14, 2022
It is recommended that the City Council authorize a FY 2023 tax rate of 0.0200% which will result in the following cost to the average homeowner during FY 2023:
Assessed
Value FY 2022 Tax FY 2023 Tax
$150,000 $13.20 $30.00
250,000 22.00 50.00
300,000 26.40 60.00
400,000 35.20 80.00
500,000 44.00 100.00
600,000 52.80 120.00
700,000 61.60 140.00
800,000 70.40 160.00
900,000 79.20 180.00
1,000,000 88.00 200.00
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.
BACKGROUND
In November 2018, the residents of Berkeley voted for and approved Ballot Measure O, for the sum of $135,000,000 of General Obligation Bonds to create and preserve affordable housing for low-income households, working families, and individuals including teachers, seniors, veterans, the homeless, and persons with disabilities.
The first series of bonds was issued in April 2020. The second series was issued in May 2022.
CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 510-981-7326 Attachments:
1: Ordinance
Annual Tax
ORDINANCE NO. -N.S.
SETTING THE FISCAL YEAR 2023 TAX RATE FOR FUNDING THE DEBT SERVICE
ON THE AFFORDABLE HOUSING GENERAL OBLIGATION BONDS (MEASURE O, NOVEMBER 2018 ELECTION) IN THE CITY OF BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. The FY 2023 tax rate for debt service on the General Obligation Bonds is set at 0.0200%.
Section 2. The Tax Rate will be based on the estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2023 property tax bill.
Section 3. This Tax Rate will result in estimated total collections of $4,600,000 needed to make the March 1, 2023 and September 1, 2023 debt service payments on the proposed General Obligation Bonds.
Section 4. 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.
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2023 Tax Rate: Business License Tax on Large Non-Profits
RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2023 tax rate for Business License Tax on large non-profits at $0.7573 (75.73 cents) per square foot of improvements.
FISCAL IMPACTS OF RECOMMENDATION
The increase in the tax rate from $0.7041 (70.41 cents) per square foot of improvements in FY 2022 to $0.7573 (75.73 cents) per square foot of improvements in FY 2023, based on the Personal Income Growth (PIG) of 7.55% will result in estimated total collections of approximately $548,766 from $514,008 in FY 2022.
CURRENT SITUATION AND ITS EFFECTS
The non-profit organizations with over 120,000 square feet of business improvements were taxed at a rate of $0.7041 (70.41 cents) in FY 2022, as approved by the voters with Measure S on November 2, 2010. That measure also approved the indexing of tax for inflation, based on the higher of Personal Income Growth or the Consumer Price Index in May. The PIG reported in May 3, 2022 was 7.55% while the CPI reported on May 11, 2022 by the U.S.
Department of Labor’s Bureau of Labor Statistics was 4.996%
BACKGROUND
In 1994, the voters of California adopted Article XIII, Section 26 of the California Constitution, which prohibits local governments from taxing non-profit organizations based on their gross receipts. Prior to this date, the City’s business license tax ordinance had imposed a gross receipts tax on non-profit organizations, which raised approximately $250,000 per year. Article XIII, Section 26 does not prohibit local agencies from taxing non-profit organizations on bases other than gross receipts. On November 3, 1998, the voters approved Measure G with over 61% of the votes cast. Measure G amended the City’s business license tax ordinance to impose a charge of $0.51 (51 cents) on the square footage of business improvements over the first 120,000 square feet, and would be indexed for inflation annually for the following year in May, by the greater of the increase in the cost of living in the immediate San Francisco Bay Area or per capita personal income growth in the state, as verified by official United States Bureau of Labor statistics.
11
FY 2023 Tax Rate: Business License Tax on Large Non-Profits CONSENT CALENDAR June 14, 2022
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental opportunities or impacts associated with the subject of this report.
CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 981-7326
Attachments:
1: Ordinance
ORDINANCE NO. - N.S.
SETTING THE FY 2023 MUNICIPAL TAX RATE FOR THE CITY OF BERKELEY FOR
BUSINESS LICENSE TAX ON LARGE NON-PROFITS
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. The rate of tax for the FY 2023 business license tax on large non-profits is as follows:
$0.7573 per square foot of improvements over 120,000 square feet Section 2. This tax rate will result in estimated total collections of $548,766.
Section 3. This Ordinance shall take effect and be in full force from and after its final passage.
Section 4. 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.
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2023 Tax Rate: Fund the Provision of Emergency Medical Services (Paramedic Tax)
RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2023 tax rate for funding the provision of emergency medical services to Berkeley residents at $0.0433 (4.33 cents) per square foot of improvements.
FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended $0.0433 per square footage will result in estimated total collections of $3,562,620 for the Emergency Medical Services fund. The increase in the tax rate of $0.0021 per square foot will result in a $3.99 annual increase for the citywide average 1900 square foot home.
CURRENT SITUATION AND ITS EFFECTS
The FY 2022 tax of $.0412 is being adjusted by the increase in the Consumer Price Index in the immediate San Francisco Bay Area of 4.996%, as authorized by the voters on May 6, 1997.
It is recommended that the City Council authorize the levy of a special tax of $0.0433 per square foot of all improvements in the City of Berkeley. The tax will result in a cost to taxpayers in the following average amounts during Fiscal Year 2023, as compared with amounts for FY 2022:
Annual Tax
Square Feet FY 2022 FY 2023
1,200 $49.44 $51.96
1,500 61.80 64.95
1,900 78.28 82.27
3,000 123.60 129.90
3,900 160.68 168.87
10,000 412.00 433.00
12
FY 2023 Tax Rate: Fund the Provision of Emergency Medical Services CONSENT CALENDAR June 14, 2022
BACKGROUND
On May 6, 1997, the voters authorized the City to replace the Emergency Medical Services Assessment District, with an Emergency Medical Services Tax. On November 3, 2020, over 81% of Berkeley voters approved Measure LL to re-authorize the City, for a period of four (4) years through FY 2024, to spend the Emergency Medical Services tax.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental opportunities or impacts associated with the subject of this report.
CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 981-7326
Attachments:
1: Ordinance
ORDINANCE NO. -N.S.
SETTING THE FISCAL YEAR 2023 SPECIAL TAX RATE TO FUND THE PROVISION
OF EMERGENCY MEDICAL SERVICES FOR THE CITY OF BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. The FY 2023 Tax Rate for Emergency Medical Services is set at $0.0433 per square foot of taxable improvements.
Section 2. The cost to taxpayers during FY 2023 will be $51.96 for a 1,200 square foot home and $129.90 for a 3,000 square foot home.
Section 3. This tax rate will result in estimated total collections of $3,562,620.
Section 4. 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.
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Abraham Roman, Fire Chief, Fire Department
Subject: FY 2023 Tax Rate: Fund Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF)
RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2023 tax rate for funding Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF) in the City of Berkeley at the annual tax rate of $0.1126 (11.26 cents) per square foot of improvements.
FISCAL IMPACTS OF RECOMMENDATION
The tax levy rate of the recommended $0.1126 per square foot of improvements is projected to yield approximately $8.604 million in revenues.
CURRENT SITUATION AND ITS EFFECTS
The FY 2022 tax rate of $.1047 is being adjusted by the Personal Income Growth of
7.550% based on Berkeley Municipal Code 7.83.020 as adopted by the City Council under Ordinance No. 7,745-N.S. on June 16, 2020. Measure FF is a special parcel tax for firefighting, emergency medical response and wildfire prevention that limits the annual tax rate based on the greater of the increase in the cost of living in the immediate San Francisco Bay Area or per capita personal income growth in California. It is estimated that the tax will cost taxpayers the following amounts for FY 2023, as compared with amounts for half of FY 2021 and FY 2022:
Square
Feet
FY 2021
(6 months) FY 2022 FY 2023
1,200 $ 62.82 $ 125.64 $ 135.12
1,500 78.52 157.05 168.90
1,900 99.46 198.93 213.94
3,000 157.05 314.10 337.80
3,900 204.16 408.33 439.14
10,000 523.50 1,047.00 1,126.00
13
FY 2023 Tax Rate: Fund Firefighting, Emergency Medical CONSENT CALENDAR Response and Wildfire Prevention (Measure FF) June 14, 2022
BACKGROUND
Measure FF authorized a special parcel tax for the purpose of funding firefighter and emergency medical response, upgrades to the 9-1-1 dispatch system, hazard mitigation, and wildfire prevention and preparedness activities.
In 2008, voters passed Measure GG to stop fire stations from being closed and services from being reduced, in the context of a major economic downturn. Measure GG designated the Disaster and Fire Safety Commission a formal oversight role, the duties of which are replicated, with respect to Measure FF, through the passage of this Council item.
Now, with rising challenges from climate change and fires, bigger demands on our emergency services, and the worst economic downturn since the Great Depression, Measure FF was placed on the November 2020 ballot by a unanimous vote of the City Council and it was approved by voters, to provide funds to modernize the City’s 9-1-1 dispatch system, upgrade equipment, hire additional paramedics, improve emergency alert systems and continue to clear fire fuels, among other things.
The effective date for this tax was January 1, 2021. As a result, the first year’s revenue generated approximately $12.75 million in revenue ($4.25 million for half of FY 2021 and $8.5 million for FY 2022). The City will raise approximately $8.604 million for FY 2023.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental opportunities or impacts associated with the subject of this report.
CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, (510) 981-7326 Abraham Roman, Fire Chief, (510) 981-5500
Attachments:
1: Ordinance
ORDINANCE NO. #,###-N.S.
SETTING THE FISCAL YEAR 2023 SPECIAL TAX RATE TO FUND FIREFIGHTING,
EMERGENCY MEDICAL RESPONSE AND WILDFIRE PREVENTION (MEASURE FF)
IN THE CITY OF BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. The FY 2023 tax rate to provide for the costs incurred for the firefighting, emergency medical response and wildfire prevention (Measure FF) is set at $0.1126 per square foot of improvements.
Section 2. The cost to taxpayers during FY 2023 will be $135.12 for a 1,200 square foot dwelling and $337.80 for a 3,000 square foot dwelling.
Section 3. This tax rate will result in estimated total collections of $8,604,000.
Section 4. 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.
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2023 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping
RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2023 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.2039 (20.39 cents) per square foot of improvements.
FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended $0.2039 per square footage will result in estimated collections of $16,791,663 for the Park Tax Fund. The increase in the tax rate of $0.0143 per square foot will result in a $27.17 annual increase for the citywide average 1900 square foot home.
CURRENT SITUATION AND ITS EFFECTS
The FY 2022 tax of $0.1896 is being adjusted by the Personal Income Growth of 7.550% as authorized on November 3, 2020, by voter approved Measure LL as the voters approved the greater of the Consumer Price Index in the immediate San Francisco Bay Area of 4.996% or Personal Income Growth increase in California of 7.550% It is recommended that City Council authorize the levy of a special tax of $0.2039 per square foot of all improvements in the City of Berkeley. The tax will result in a cost to taxpayers in the following average amounts during FY 2023, as compared with the amounts for FY 2022:
Annual Tax
Square Feet FY 2022 FY 2023
1,200 $227.52 $244.68
1,500 284.40 305.85
1,900 360.24 387.41
3,000 568.80 611.70
3,900 739.44 795.21
10,000 1,896.00 2,039.00
14
FY 2023 Tax Rate: Fund the Maintenance of CONSENT CALENDAR Parks, City Trees, and Landscaping June 14, 2022
BACKGROUND
On May 6, 1997, the voters of the City of Berkeley approved a special tax solely to provide funding for the direct cost of acquisition and maintenance of improvements related to parks and landscaping in the City of Berkeley. As a result of the requirements of State Proposition 218, this special tax replaced the annual revenue previously generated by the Citywide Landscape Assessment District.
The tax may be increased or decreased annually in May, according to the greater of the increase or decrease in the cost of living in the immediate San Francisco Bay Area or personal income growth in the state of California, as verified by official United States economic reports.
On November 3, 2020, over 81% of Berkeley voters approved Measure LL to re-authorize the City, for a period of four (4) years through FY 2024, to spend the Parks Maintenance tax as approved by the voters.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental opportunities or impacts associated with the subject of this report.
CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 981-7326
Attachments:
1: Ordinance
ORDINANCE NO. -N.S.
SETTING THE FISCAL YEAR 2023 SPECIAL TAX RATE TO FUND MAINTENANCE
OF PARKS, CITY TREES AND LANDSCAPING IN THE CITY OF BERKELEY BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. The FY 2023 Tax Rate for the maintenance of parks, City trees and landscaping is set at $0.2039 per square foot of taxable improvements.
Section 2. The cost to the taxpayer during FY 2023 will be $244.68 for a 1,200 square foot home and $611.70 for a 3,000 square foot home.
Section 3. This Tax Rate will result in estimated total collections of $16,791,663.
Section 4. The tax imposed by this ordinance does not apply to any property owner whose total personal income, from all sources for the previous calendar year, does not exceed that level which shall constitute a very low income, as established by resolution of City Council.
Section 5. 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.
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2023 Tax Rate: Fund the Debt Service on the Infrastructure and Facilities General Obligation Bonds (Measure T1, November 2016 Election)
RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2023 tax rate funding the debt service on the Infrastructure and Facilities Improvements General Obligation Bonds (Measure T1, November 2016) at 0.0160%.
FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended 0.0160% will result in estimated collections of $3,800,000. This amount will be sufficient to make the debt service payments on the 2017 Series A and 2021 Series B Bonds with debt service on March 1, 2023 and September 1, 2023.
CURRENT SITUATION AND ITS EFFECTS
The 0.0160% tax rate for FY 2023 being set by the City Council is based on the current debt service of the Series A and Series B Bonds, the estimated FY 2023 assessed values for all rolls (secured, unsecured and utility), a delinquency reserve of 5%, and the surplus remaining in the fund. Since Alameda County does not release final assessed value figures until early August, the City is using preliminary values. Staff is confident that the preliminary values will not be materially different from the County’s final figure. The City must establish a tax rate that will be sufficient to make debt service payments even if there are unusual levels of delinquency.
Because all taxes collected from the general obligation levy will be deposited in a special fund, and collections not used to pay debt service for the FY 2023 bond year will be retained in the fund to pay future obligations, the tax impact of any over-collection will be credited against future debt service payments and the required levy.
15
FY 2023 Tax Rate: Fund Debt Service on Infrastructure and CONSENT CALENDAR Facilities Improvements (Measure T1, November 2016 Election) June 14, 2022
It is recommended that the City Council authorize a FY 2023 tax rate of 0.0160% which will result in the following cost to the average homeowner during FY 2023:
Annual Tax
Assessed
Value FY 2022 Tax FY 2023 Tax
$150,000 $25.50 $24.00
250,000 42.50 40.00
300,000 51.00 48.00
400,000 68.00 64.00
500,000 85.00 80.00
600,000 102.00 96.00
700,000 119.00 112.00
800,000 136.00 128.00
900,000 153.00 144.00
1,000,000 170.00 160.00
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.
BACKGROUND
In November 2016, the residents of Berkeley voted for and approved Ballot Measure T1, for the sum of $100,000,000 of General Obligation Bonds to make infrastructure and facility improvements. The pace of financing and tax rate will be determined based on the overall growth of the City’s assessed value and the total outstanding general obligation bond debt service such that the total combined tax rate (for general obligation bond repayment will not exceed 0.0492% which represents the 10-year historical tax rate as of June 2016).
CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 510-981-7326 Attachments:
1: Ordinance
ORDINANCE NO. -N.S.
SETTING THE FISCAL YEAR 2023 TAX RATE FOR FUNDING THE DEBT SERVICE
ON THE INFRASTRUCTURE AND FACILITIES IMPROVEMENTS GENERAL OBLIGATION BONDS (MEASURE T1, NOVEMBER 2016 ELECTION) IN THE CITY OF
BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. The FY 2023 tax rate for debt service on the General Obligation Bonds is set at 0.0160%.
Section 2. The Tax Rate will be based on the estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2023 property tax bill.
Section 3. This Tax Rate will result in estimated total collections of $3,800,000 needed to make the March 1, 2023 and September 1, 2023 debt service payments on the proposed General Obligation Bonds.
Section 4. 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.
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2023 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E)
RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2023 tax rate for funding the provision of emergency services for the disabled at $0.01932 (1.932 cents) per square foot of improvements.
FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended $0.01932 will result in estimated collections of $1,590,735 for the fund. The increase in the tax rate of $0.00136 per square foot will result in a $2.58 annual increase for the citywide average 1900 square foot home.
CURRENT SITUATION AND ITS EFFECTS
The FY 2022 tax of $0.01796 is being adjusted by the Personal Income Growth of 7.550% (or $0.00136) as the voters approved the greater of the Consumer Price Index in the immediate San Francisco Bay Area of 4.996% or Personal Income Growth increase in California of 7.55%
It is recommended that the City Council authorize the levy of a special tax of $0.01932 per square foot of all improvements in the City of Berkeley. The tax will result in a cost to taxpayers in the following average amounts during Fiscal Year 2023, as compared with amounts for FY 2022:
Square Feet
Annual Tax
FY 2022 FY 2023
1,200 $21.55 $23.18
1,500 26.94 28.98
1,900 34.12 36.71
3,000 53.88 57.96
3,900 70.04 75.35
10,000 179.60 193.20
16
FY 2023 Tax Rate: Fund Emergency Services for the Severely Disabled CONSENT CALENDAR June 14, 2022
BACKGROUND
The Emergency Services for the Severely Disabled Tax (Measure E) was passed by the voters in November 1998. The tax is used to provide emergency services and incidental case management for severely physically disabled persons. The City Council is authorized to increase the tax rate by the greater of the Consumer Price Index in the immediate San Francisco Bay Area or Personal Income Growth in California.
On November 3, 2020, over 81% of Berkeley voters approved Measure LL to re-authorize the City, for a period of four (4) years through FY 2024, to spend the emergency services for the severely disabled tax.
ALTERNATIVE ACTIONS CONSIDERED
The City Council may consider maintaining the current tax rate of $0.01796 with projected revenue of $1,479,066 and no increase to property owners. Or, the City Council may consider increasing the tax rate by the Consumer Price Index in the immediate San Francisco Bay Area of 4.996% in California. This would result in projected revenue of $1,552,960, and an increase of $1.70 for the citywide average 1900 square foot home.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental opportunities or impacts associated with the subject of this report.
CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 981-7326
Attachments:
1: Ordinance
ORDINANCE NO. -N.S.
SETTING THE FISCAL YEAR 2023 SPECIAL TAX RATE TO FUND EMERGENCY
SERVICES FOR THE SEVERELY DISABLED IN THE CITY OF BERKELEY BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. The FY 2023 Tax Rate to fund emergency services for severely disabled persons is set at $0.01932 per square feet of improvements.
Section 2. The cost to taxpayers during FY 2023 will be $23.18 for a 1,200 square foot home and $57.96 for a 3,000 square foot home.
Section 3. This tax rate will result in estimated total collections of $1,590,735.
Section 4. 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.
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Abraham Roman, Fire Chief, Fire Department
Subject: FY 2023 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2023 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley at the rate of $0.05818 (5.818 cents) per square foot of improvements for dwelling units and setting the rate for all other property at $0.08804 (8.804 cents) per square foot of improvements.
FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended $0.05818 per square foot of improvements for dwelling units and $0.08804 per square foot of improvements. This will result in estimated collections of $5,371,488 for the fund. The tax rate will result in no increase in the citywide average 1900 square foot dwelling and same for all other property from FY 2022.
CURRENT SITUATION AND ITS EFFECTS
The FY 2022 tax rates of $0.05818 for dwelling units and $0.08804 for all other property will not be adjusted by the per capita Personal Income Growth in California that was reported at 7.55% or the Consumer Price Index (CPI) increase in the immediate San Francisco Bay Area was reported at 4.996%. The voters approved increasing the Measure GG tax rate annually by up to the greater of the Consumer Price Index increase in the immediate San Francisco Bay Area or the per capita Personal Income Growth in California.
At their regular meeting on May 25, 2022, the Disaster and Fire Safety Commission voted to recommend opposing an increase to the Measure GG tax rate assessment. Action:
M/S (Bedolla/Degenkolb) Vote: Ayes: Dean, Bradstreet, Degenkolb, Bedolla, Simmons, Stein, Cutler; Noes- None; Absent- Rader; Abstain- None.
17
FY 2023 Tax Rate: Fund Fire Protection and Emergency CONSENT CALENDAR Response and Preparedness (Measure GG) June 14, 2022
It is recommended that the City Council authorize the levy of a special tax of $0.05818 per square foot for dwelling units and $0.08804 for all other property in the City of Berkeley. The tax will result in same cost to taxpayers in the following average amounts during Fiscal Year 2023, as compared with amounts for FY 2022, no increase:
FY 2023
Square Feet Dwelling Units
All Other
Properties
1,200 $69.81 $105.64
1,500 87.27 132.06
1,900 110.54 167.27
3,000 174.54 264.12
3,900 226.90 343.35
10,000 581.80 880.40
FY 2022
Square Feet Dwelling Units
All Other
Properties
1,200 $69.81 $105.64
1,500 87.27 132.06
1,900 110.54 167.27
3,000 174.54 264.12
3,900 226.90 343.35
10,000 581.80 880.40
BACKGROUND
In the November 2008 election, Berkeley voters approved Measure GG, which authorized the levying of a special tax. The tax proceeds will be used first to eliminate rotating closures of operating fire stations, and to provide advanced life support personnel (paramedics) and equipment on all first responder vehicles (ambulances, fire engines and ladder trucks). The funds would also be used to (1) hire a training officer to provide Emergency Medical Service training for first responders; (2) hire staff to conduct Community Emergency Response Training and other similar public disaster training and preparedness efforts and for neighborhood emergency preparedness caches; and (3) to acquire and maintain equipment to enhance emergency preparedness, including equipment to allow compatible radio communications throughout the City and with outside public safety agencies. On November 3, 2020, over 81% of Berkeley voters approved Measure LL to re-authorize the City, for a period of four (4) years through FY 2024, to spend the Fire Protection and Emergency Response and Preparedness tax.
FY 2023 Tax Rate: Fund Fire Protection and Emergency CONSENT CALENDAR Response and Preparedness (Measure GG) June 14, 2022
ALTERNATE CONSIDERATIONS
The City Council may consider adjusting the current recommended tax rate of $0.05818 per square foot of improvements for dwelling units and $0.08804 per square foot of improvements for all other property by the Consumer Price Index increase in the immediate San Francisco Bay Area of 4.996% with projected revenue of $5,639,848. If the Personal Income Growth Figure is used, the projected revenue would be $5,777,036.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental opportunities or impacts associated with the subject of this report.
CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 981-7326
Abraham Roman, Fire Chief, 981-5500
Attachments:
1: Ordinance
ORDINANCE NO. -N.S.
SETTING THE FISCAL YEAR 2023 SPECIAL TAX RATE TO FUND FIRE PROTECTION
AND EMERGENCY RESPONSE AND PREPAREDNESS (MEASURE GG) IN THE CITY
OF BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. The FY 2023 Tax Rate for the Fire Protection and Emergency Response and Preparedness (Measure GG) is set at:
$0.05818 per square foot of improvements for dwellings
$0.08804 per square foot of improvements for all other properties Section 2. The cost to taxpayers during FY 2023 will be $69.81 for a 1,200 square foot dwelling and $174.54 for a 3,000 square foot dwelling.
Section 3. This tax rate will result in estimated total collections of $5,371,488.
Section 4. The tax imposed by this ordinance does not apply to any property owner whose total personal income, from all sources for the previous calendar year, does not exceed that level which shall constitute a very low income, as established by resolution of City Council.
Section 5. 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.
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.ci.berkeley.ca.us/manager
CONSENT CALENDAR
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Tess Mayer, Director of Library Services
Henry Oyekanmi, Director of Finance
Subject: FY 2023 Special Tax Rate: Fund the Provision of Library Services
RECOMMENDATION
Adopt first reading of an ordinance setting the FY 2023 tax rate for funding the provision of Library Services in the City of Berkeley at $0.2583 (25.83 cents) per square foot for dwelling units and $0.3906 (39.06 cents) per square foot for industrial, commercial, and institutional buildings.
FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended $0.2583 for dwelling units and $0.3906 for industrial, commercial, and institutional buildings will result in estimated collections of $23,837,768 for the Library Tax Fund. The increase in the tax rate of $0.0181 for dwelling units and $0.0274 for industrial, commercial, and institutional buildings will result in an increase of $34.39 for the citywide average 1900 square foot dwelling and $52.06 for all other property of similar size.
CURRENT SITUATION AND ITS EFFECTS
The FY 2023 tax of $0.2583 for dwelling units and $0.3906 for all other property are being adjusted by the per capita Personal Income Growth factor in California of 7.55%, as the voters approved the greater of that or the Consumer Price Index in the immediate San Francisco Bay Area of 4.996%. In addition, the Board of Library Trustees recommends that the City Council adjust the tax rate by 7.55%.
It is recommended that the City Council authorize the levy of a special tax of $0.2583 per square foot for dwelling units and of $0.3906 for all other property in the City of Berkeley.
The tax will result in a cost to taxpayers in the following average amounts during FY 2023, as compared with amounts for FY 2022:
18
FY 2023 Special Tax Rate: CONSENT CALENDAR
Fund the Provision of Library Services June 14, 2022
Annual Tax – Dwelling Units Annual Tax – All Other PropertiesSquare Feet FY23 FY22 FY23 FY22
1,200 $309.96 $288.24 $468.72 $435.84
1,500 387.45 360.30 585.90 544.80
1,900 490.77 456.38 742.14 690.08
3,000 774.90 720.60 1,171.80 1,089.60
3,900 1,007.37 936.78 1,523.34 1,416.48
10,000 2,583.00 2,402.00 3,906.00 3,632.00
BACKGROUND
The Central Library and neighborhood branch libraries received approximately 98% of their FY 2021 funding through a citywide special tax (referred to as the Library Relief Act of 1980) of $0.2272 per square foot on all improvements to residential real property in the City of Berkeley, and $0.3435 per square foot on all improvements to industrial, commercial, and institutional real property. The purpose of this voter-approved tax is to provide a stable revenue source to assure the provision of library services at the level which permits library operations six days a week at branch libraries, seven days a week at the Central Library, and which permits the purchase of library materials at levels which are commensurate with the libraries’ hours of service, staffing and patron needs.
On November 3, 2020, over 81% of Berkeley voters approved Measure LL to re-authorize the City, for a period of four (4) years through FY 2024, to spend the Library Services tax as approved by the voters.
RATIONALE FOR RECOMMENDATION
Adopting the per capita Personal Income Growth factor in California would contribute an incremental increase of approximately $566,078 to projected FY 2023 revenue over that of the April Consumer Price Index in the immediate San Francisco Bay Area.
ALTERNATIVE ACTIONS CONSIDERED
The fiscal impact on the Library Tax Fund of adopting the April Consumer Price Index in the immediate San Francisco Bay Area of 4.996% instead of the per capita Personal Income Growth factor in California of 7.55% would be a reduction of $566,078 in projected FY 2023 library tax receipts.
The fiscal impact on the Library Tax Fund of forgoing an adjustment to the fiscal year’s library tax rate instead of the per capita Personal Income Growth factor in California of
7.55% would be a reduction of $1,673,409 in projected FY 2023 library tax receipts.
CONTACT PERSON
Henry Oyekanmi, Director of Finance, 981-7326
Tess Mayer, Director of Library Services, 981-6195
Attachments:
1: Ordinance
ORDINANCE NO. -N.S.
SETTING THE FISCAL YEAR 2023 SPECIAL TAX RATE TO FUND LIBRARY
SERVICES TAX IN THE CITY OF BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. The FY 2023 Tax Rate to support usual and current expenses of operating library services is set at $0.2583 per square foot for dwelling units and $0.3906 per square foot for industrial, commercial and institutional buildings.
Section 2. The cost to taxpayers during FY 2023 will be $387.45 for a 1,500 square foot dwelling and $585.90 for all other property of similar size.
Section 3. This tax rate will result in estimated total collections of $23,837,768.
Section 4. The tax imposed by this ordinance does not apply to any property owner whose total personal income, from all sources for the previous calendar year, does not exceed that level which shall constitute a very low income, as established by resolution of City Council.
Section 5. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Old City Hall, 2134 Martin Luther King Jr. Way. Within 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.
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Subject: Designate the Line of Succession for the Director of Emergency Services
RECOMMENDATION
Adopt a Resolution approving the designated line of succession to the position of Director of Emergency Services in the event of an emergency, and rescinding Resolution No. 69,919-N.S.
FISCAL IMPACTS OF RECOMMENDATION
None.
CURRENT SITUATION AND ITS EFFECTS
The Berkeley Municipal Code (BMC) requires that the City Manager, who is the Director of Emergency Services, designate the order of succession to that office in the event the Director is unavailable to attend meetings and otherwise perform their duties during an emergency. Additionally, the City Council must approve the order of succession. (BMC Section 2.88.040)
BACKGROUND
On June 15, 2021 the City Council adopted Resolution No. 69,919-N.S. designating the line of succession to the position of Director of Emergency Services in the event the Director is unavailable to perform his or her duties during an emergency. Since that time, changes in personnel necessitate that a new designation be approved as set forth in the attached Resolution.
ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental opportunities or effects associated with the subject of this report.
CONTACT PERSON
Abe Roman, Fire Chief, (510) 981-3473
Attachments:
1: Resolution
19
RESOLUTION NO. ##,###-N.S.
APPROVING THE DESIGNATED LINE OF SUCCESSION TO THE DIRECTOR OF EMERGENCY SERVICES POSITION AND RESCINDING RESOLUTION NO. 69,919- N.S.
WHEREAS, Berkeley Municipal Code Section 2.88.030 designates the City Manager as the Director of Emergency Services; and
WHEREAS, Dee Williams-Ridley, in her position as City Manager, serves as the Director of Emergency Services; and
WHEREAS, pursuant to Berkeley Municipal Code Section 2.88.040, it is necessary to establish a line of succession for the Director of Emergency Services in the event that the Director is unavailable to attend meetings or otherwise perform his or her duties during an emergency.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the following order of succession to the position of Director of Emergency Services in the event the Director is unavailable to attend meetings or otherwise perform his or her duties during an emergency is hereby confirmed and approved:
1. Paul Buddenhagen, Deputy City Manager
2. LaTanya Bellow, Deputy City Manager
3. Abraham Roman, Fire Chief
4. Jennifer Louis, Interim Chief of Police
BE IT FURTHER RESOLVED that Resolution No. 69,919-N.S. is hereby rescinded.
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing and Community Services Subject: St. Paul Terrace Housing Trust Fund Reservation
RECOMMENDATION
Adopt a Resolution:
1. Reserving $8,551,040 in Housing Trust Funds for Community Housing Development Corporation’s St. Paul Terrace (2024 Ashby) affordable housing development, conditioned on the project obtaining planning entitlements within 24 months; and
2. Authorizing the City Manager or her designee to execute all original or amended documents or agreements to effectuate these actions.
FISCAL IMPACTS OF RECOMMENDATION
At its December 14, 2021 meeting, City Council reserved funding for housing development projects that submitted applications through the 2021 Housing Trust Fund Request for Proposals. Council’s action including a reservation of the available Housing Trust Funds, as well as a forward reservation of funds from the third issuance of Measure O (anticipated in 2025) and FY2023 general funds generated pursuant to Measure U1.
Staff will determine the exact mix of funds from the Housing Trust Fund program for the development loan closer to the loan closing.
CURRENT SITUATION AND ITS EFFECTS
Consistent with Council’s previous action, the Community Housing Development Corporation (CHDC) submitted a request for $13 million in development funding for St.
Paul Terrace (2024 Ashby Avenue). This request is in addition to predevelopment funding previously awarded, for a total requested City investment of $16,698,960.
At its May 5, 2022 meeting, the HAC took the following action:
Action: M/S/C (Simon-Weisberg/Potter) to recommend that City Council reserve an additional $8,551,040 for Community Housing Development Corporation’s St. Paul
20
St. Paul Terrace Housing Trust Fund Recommendation CONSENT CALENDAR June 14, 2022
Terrace (2024 Ashby), conditioned on obtaining planning entitlements by June 28, 2022.
Vote: Ayes: Calavita, Fain, Johnson, Mendonca, Potter, Rodriguez, Sanidad, and Simon-Weisberg. Noes: None. Abstain: None. Absent: Lee-Egan (excused).
The funding recommendation is based on balancing the City’s goals of supporting this project so it is competitive for state funding, and leveraging the City’s limited housing resources to maximize the public benefit.
CHDC is partnering with St. Paul AME Church to develop affordable housing on the church’s property. The proposed project would have 50 apartments serving households earning between 20%-60% of Area Median Income. The number of apartments was reduced from 52 in order to provide more 1-bedroom apartments and fewer studios.
CHDC aims to reserve approximately 10 apartments for formerly homeless households, though their ability to do so depends on securing operating subsidy through project- based vouchers from the Berkeley Housing Authority.
CHDC anticipates securing entitlements under SB35 by early June. If successful in securing the City funding reservation and entitlements, CHDC plans to pursue state funding through the upcoming Super NOFA process (with applications due June 28, 2022).
Funding St. Paul Terrace is a Strategic Plan Priority Project, advancing our goal to create affordable housing and housing support service for our most vulnerable community members.
BACKGROUND
CHDC initially applied for development funding for St. Paul Terrace and another project, Ephesians Legacy Court (1708 Harmon Street), through the 2021 HTF RFP process.
On December 14, 2021, with Resolution 70,135, City Council approved the HTF RFP funding recommendations. There were not sufficient funds available through the HTF RFP to fund both CHDC requests in their entirety. Instead, in that same resolution, City Council approved allowing CHDC to submit a revised proposal based on whichever project they deemed most ready to move forward first. That project could apply for up to approximately $13 million in funds that were not allocated through the HTF RFP. Some or all of that funding would likely come from the third issuance of Measure O bond funds, which is currently projected for 2025. CHDC decided St. Paul was further along in predevelopment and submitted their revised proposal.
CHDC requested a City subsidy for St. Paul Terrace that is significantly higher than what the City has historically funded, at more than 44% of the total development costs and $340,000 per affordable unit. The Housing Trust Fund Guidelines limit the amount of funding per project as follows:
St. Paul Terrace Housing Trust Fund Recommendation CONSENT CALENDAR June 14, 2022
The development loan amount will not exceed 40% of the project’s total cost unless City Council makes a finding that a higher level of funding is justified by the nature of the assisted project and the unavailability of alternative funding.
In the past, exceptions have been made for renovation projects that aren’t competitive for state funds (since those sources prioritize new construction projects).
New construction projects funded in recent years have City loans ranging from $32,000 to $225,000 per affordable unit and leveraged a higher percentage of state and federal funds than what CHDC proposed. Comparable new construction projects funded by the City have 27 to 38% of the total sources coming from the state (or County, when A1 funds were available), compared to 6% of funds currently proposed by CHDC for St.
Paul Terrace.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The project addresses environmental sustainability in its project design and scope, and CHDC plans to build St. Paul Terrace to a third-party green building standard (either LEED Gold or GreenPoint Gold).
RATIONALE FOR RECOMMENDATION
The recommendation to fund St. Paul Terrace at an additional $8.55M would result in a total investment of $12.25M, which is equal to $250,000 per affordable unit and 32% of the project’s total development costs. This would still be the City’s highest subsidy per affordable housing unit to date for a new construction project, but the subsidy is more closely aligned with other recent funding reservations than the requested amount. The Housing Trust Fund’s goal is always to fund affordable housing projects at levels that support their competitiveness for state funding, balanced with the reality of finite City funding.
With a City award at this level, CHDC would need to leverage a greater proportion of state funding than they are currently projecting. CHDC indicated that the project is still feasible at the recommended funding amount. The project may not get all the state funding it needs through the Super NOFA this year, but if CHDC pursues project-based vouchers the project will be more competitive for state sources in subsequent funding rounds. Because the City funds are not projected to be available until 2025, this may not have an impact on the project’s timing overall.
ALTERNATIVE ACTIONS CONSIDERED
Staff considered recommending funding St. Paul Terrace at CHDC’s full request, or conditioning their funding recommendation on securing entitlements prior to the Super NOFA due date in June. Funding the project at a higher level would require a disproportionate amount of City funds, and could delay the full funding of Ephesians Legacy Court and any subsequent projects in need of City support. Conditioning the funding on entitlements by late June could have resulted in needing to return to Council
St. Paul Terrace Housing Trust Fund Recommendation CONSENT CALENDAR June 14, 2022
if the entitlement process is delayed by several weeks or more. Therefore, neither of these approaches are recommended.
CONTACT PERSON
Jenny Wyant, Senior Community Development Project Coordinator, HHCS, 510-981- 5228
Attachments:
1: Resolution
RESOLUTION NO. ##,###-N.S.
FUNDING RESERVATION APPROVAL FOR ST. PAUL TERRACE
WHEREAS, the City Council established a Housing Trust Fund (HTF) program to assist in the development and expansion of housing affordable to low- and moderate-income persons who either work or reside within the City of Berkeley, and authorized the City Manager to implement the HTF program; and
WHEREAS, there is a great need for affordable and special needs housing in the City of Berkeley as stated in the General Plan Housing Element and the City of Berkeley’s Consolidated Plan; and
WHEREAS, on November 6, 2018, Berkeley voters passed Measure O, a $135 million bond measure to support the development and preservation of affordable housing; and WHEREAS, the City issued a Housing Trust Fund Request for Proposals (RFP) on August 3, 2021 and subsequently received six responses, including two from Community Housing Development Corporation (CHDC); and
WHEREAS, at its December 14, 2021 meeting, Council approved the forward reservation of up to $17 million from the third issuance of Measure O Bonds (anticipated in 2025) and $2.5 million in FY2023 general funds from U1 to support projects seeking funding through the RFP; and
WHEREAS, between the available housing funds and forward reservations there were not sufficient funds to reserve funds for all six proposals in full, and WHEREAS, the two CHDC projects (Ephesians Legacy Court and St. Paul Terrace) were in similar phases of predevelopment; and
WHEREAS, Council approved reserving the balance of funds available through the RFP (approximately $13 million dollars, inclusive of the forward reservations of Measure O bond funds from the third issuance and FY2023 general funds from Measure U1) for a CHDC project to be determined based on the project’s readiness and feasibility, and with the intent that once further predevelopment work has been completed and within 12 months from the date of this Resolution, the City Manager, CHDC, and the HTF Subcommittee work together to recommend a specific project for a funding reservation; and
WHEREAS, Council approved prioritizing future housing funds (including, but not limited to, HTF and Measure O funds) for the CHDC project (Ephesians Legacy Court or St. Paul Terrace) not funded through the RFP; and
June 14, 2022
WHEREAS, CHDC determined that St. Paul Terrace was further along in predevelopment, and submitted a revised proposal and requested an additional $13 million in development funding; and
WHEREAS, on May 5, 2022 the HAC approved a motion recommending a $8,551,040 funding reservation for Community Development Housing Corporation’s St Paul Terrace (2024 Ashby Ave).
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council approves the $8,551,040 development funding reservation for Community Housing Development Corporation’s St. Paul Terrace (2024 Ashby Avenue).
BE IT FURTHER RESOLVED that the development loan funds shall be reserved for a period of no more than 24 months from the date of this Resolution, contingent on the developer obtaining all required land use approvals and securing commitments for full project funding that the City Manager or her designee deems sufficient within the reservation period.
BE IT FURTHER RESOLVED that the funding reservation is conditioned upon the completion of the environmental review process, except as authorized by 24 CFR, Part 58, and that should HOME and/or CDBG funds constitute a portion of the funding for any project, a final commitment of HOME and/or CDBG funds shall occur only upon the satisfactory completion of the appropriate level of environmental review and also upon the receipt of approval of the request for release of funds and related certification from the U.S. Department of Housing and Urban Development, when applicable. The funding reservation for any of the HOME and/or CDBG funded projects is conditioned upon the City of Berkeley's determination to proceed with, modify, or cancel the project based on the results of subsequent environmental review under the National Environmental Policy Act.
BE IT FURTHER RESOLVED that the making of the loan shall be contingent on and subject to such other appropriate terms and conditions as the City Manager or her designee may establish.
BE IT FURTHER RESOLVED the City Manager, or her designee, is hereby authorized to execute all original or amended documents or agreements to effectuate this action; a signed copy of said documents, agreements and any amendments will be kept on file in the Office of City Clerk.
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.ci.berkeley.ca.us/manager
CONSENT CALENDAR
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Donald Ellison, Interim Director of Human Resources Subject: Classification and Salary: Senior Economic Development Project Coordinator
RECOMMENDATION
Adopt a Resolution establishing the Senior Economic Development Coordinator classification (Local 1) with a monthly stepped salary range of $11,219.88 to $13,775.00 effective June 15, 2022.
FISCAL IMPACTS OF RECOMMENDATION
None.
CURRENT SITUATION AND ITS EFFECTS
The Human Resources Department in consultation with Local 1 is proposing the establishment of a new classification of Senior Economic Development Project Coordinator.
The new classification is to establish a career ladder in the Office of Economic Development from Community Development Project Coordinator (which has an existing corresponding senior classification already established) to Economic Development Project Coordinator to Senior Economic Project Coordinator to Economic Development Manager. This classification development responds to Local 1’s request to develop such a classification in the last contract cycle, and supports the City’s Strategic Plan goals numbers 6 and 9, to “Foster a dynamic, sustainable, and locally-based economy” and “Attract and retain a talented and diverse City government workforce.” The Office of Economic Development (OED) is a division of the City Manager’s Office, with the mission to “assist businesses, entrepreneurs, artists and community organizations to access services, feel welcome in Berkeley, and thrive.” By creating an expanded economic development classification series, OED will be able to provide both a mid-level and senior position within the division. This will enable OED to attract, develop and retain the necessary diverse talent to expand Berkeley’s economic development program and provide critical supportive services to aid in the sustainable recovery of Berkeley’s most pandemic-impacted sectors (tourism, small business, arts and culture).
21
New Classification - Senior EDPC CONSENT CALENDAR
June 14, 2022
It is essential to any government organization in the 21st century, especially one with the unique circumstances of Berkeley, to have talented, steadfast, staff skilled in current best practices of economic, community, and cultural development techniques and technologies. Establishing the Senior EDPC classification will enable the division to retain and develop top talent that directly benefits our city’s stakeholders by providing a high level of quality customer service to the business and artistic community of Berkeley.
The Human Resources Department contracted with CPS HR Consulting to develop a base salary recommendation based on internal equity, and comparable cities. CPS HR Consulting is an agency that provides a variety of human resource services to non-profit and public-sector clients. After considering the internal relationships among classifications and compensation at corresponding cities, HR staff is recommending a monthly stepped salary range of $11,219.88 - $13,775.00.
Senior Economic Development Project Coordinator Salary (Monthly) Classification Step 1 $11,219.88
Classification Step 5 $13,775.00
BACKGROUND
The Personnel Board discussed and voted unanimously to send this classification to the City Council for approval at its May 9, 2022 meeting (Vote: Ayes: Bartlow, Dixon, Lacey, Wenk, Karpinski, Gilbert, Noes: None Abstains: None).
ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental effects or opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
It has been the policy of the City to create the necessary classification and salary schedule to accommodate new duties and responsibilities, reflect programmatic changes, maintain competitive salaries and, when applicable, comply with regulatory requirements.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Donald E. Ellison, Human Resources, Human Resources, (510) 981-6807.
Attachments:
1. Resolution
Exhibit A: Classification Specification and Salary Schedule
2. Organizational Chart
RESOLUTION NO. -N.S.
CLASSIFICATION: SENIOR ECONOMIC DEVELOPMENT PROJECT COORDINATOR (LOCAL 1)
WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, the Human Resources Department has completed a classification review and recommended establishing the Senior Economic Development Project Coordinator classification to establish a career ladder in the Office of Economic Development; WHEREAS, the series will lead to wider outreach and a more diverse pool of potential qualified candidates, and create a professional path for dedicated employees by allowing the division to retain and develop top talent that directly benefits our city’s stakeholders; WHEREAS, this classification also responds to Local 1’s request to develop such a classification in the last contract cycle, and supports the City’s Strategic Plan goals to “Foster a dynamic, sustainable, and locally-based economy” and “Attract and retain a talented and diverse City government workforce.”
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Classification for Senior Economic Development Coordinator (Local 1) is established, with a salary range and classification specification as shown on Exhibit A, effective June 15, 2022.
Exhibit A: Senior Economic Development Project Coordinator, Classification Specification and Salary Schedule
2180 Milvia Street Berkeley CA 94704 TEL: (510) 981-6800 TTY: (510) 981-6830 FAX: (510) 981-6860 WEB: www.CityofBerkeley.info/hr E-MAIL: [email protected]
Attachment A
Senior Economic Development
Project Coordinator
Bargaining Unit: Local 1
Class Code:
xxxxx
CITY OF BERKELEY
Established Date: XXXX
SALARY RANGE
$64.73 - $79.47 Hourly
$11,219.88 - $13,775.00 Monthly
$134,683.56 - $165,300.00 Annually
DESCRIPTION:
DEFINITION
Under general supervision, a Senior Economic Development Project Coordinator (EDPC) supports the Office of Economic Development's mission to assist businesses, entrepreneurs, artists and community organizations to access services, feel welcome in Berkeley, and thrive. Through extensive expertise in community engagement and cultural development, sector support, real estate, marketing, planning, public policy and analysis of the local economy, a Senior EDPC aids new and growing businesses and cultural organizations in Berkeley, many of whom locate here to take advantage of our rich environment of innovation and entrepreneurship.
CLASS CHARACTERISTICS
This is a senior classification of the Economic Development series, incumbents are fully competent to perform and manage complex projects and initiatives with minimal direction or supervision. The Senior Economic Development Project Coordinator performs a variety of tasks that require a high degree of independent professional skill and judgment on a daily basis at the greatest level of quality. The Senior Economic Development Project Coordinator may also provide professional deputy-level support to the Economic Development Manager.
EXAMPLES OF DUTIES:
The following list of duties is intended only to describe the various types of work that may be performed and the level of technical complexity of the assignment(s) and is not intended to be an all- inclusive list of duties. The omission of a specific duty statement does not exclude it from the position if the work is consistent with the concept of the classification, or is similar or closely related to another duty statement. The Senior Economic Development Project Coordinator performs a variety of tasks that require a high degree of professional skill and judgment, including but not limited to:
1. Coordinates and performs project management, administrative and technical duties necessary to achieve project objectives in the areas of economic and cultural development, small business assistance and sector support, and employment;
Classifications: Creation of Senior Economic Development Project Coordinator Classification
2. Performs a range of economic data analysis including economic impact reports for larger development projects and assessing/mapping trends in employment and innovation, sales tax and other economic/demographic indicators;
3. Prepares reports and presentations for the City Manager, City Council, task forces, work groups, various boards and commissions and the general public;
4. Works closely with Citywide and district-based business organizations, including assisting the formation and renewal of Business Improvement Districts (BIDs) and representing the City's interest on their boards of directors;
5. Assists developers and business owners considering projects in the City, including advising them on site opportunities, city requirements, and referring them to other departments as necessary;
6. Advises startups and firms seeking to grow in or relocate to Berkeley on available sites and zoning conditions and links them with property owners, brokers, and other sources of business assistance; and
7. Manages complex, multi-phase projects with diverse stakeholders from inception through approval and implementation. Such projects might involve program or policy development initiatives, business district planning efforts, internal city organizational development, grant or loan programs, commercial district, or business cluster marketing initiatives.
Other responsibilities include representing the Office of Economic Development on interdepartmental teams, external professional organizations related to economic development, and supervising other staff in the Office of Economic Development as directed by the Economic Development Manager.
KNOWLEDGE AND ABILITIES:
Note: The level and scope of the knowledges and skills listed below are related to job duties as defined under Class Characteristics and Examples of Duties.
Knowledge of: Pri
nciples, practices and techniques related to the project areas to which assigned; programs and methods of improving the economic development and cultural climate within the City; knowledge of effective technical assistance providers, Federal, State and local funding sources and techniques for sector support; basic administrative and budgetary principles and practices; and principles and practices of effective employee and project supervision.
Ability to: Develop, implement and evaluate complex economic and cultural development programs, related to such areas as business development and financing, real estate development and redevelopment, arts and cultural administration, sector support and employment generation; organize work, set priorities and exercise sound independent judgment within established guidelines; interpret and apply complex rules, regulations, laws and ordinances; making persuasive oral presentations; prepare, administer and monitor project budgets; maintain accurate records and prepare clear, concise and effective correspondence, reports and other written materials; provide technical assistance and staff leadership to various boards and commissions and external professional organizations; organize, schedule and review the work of assigned staff; and establish and maintain effective working relationships with those encountered in the course of the work.
Classifications: Creation of Senior Economic Development Project Coordinator Classification
MINIMUM QUALIFICATIONS:
A TYPICAL WAY OF GAINING THE KNOWLEDGE AND SKILLS OUTLINED ABOVE IS:
Education
Equivalent to a Bachelor’s degree from an accredited college or university with major coursework in business, arts, non-profit or public administration, economics, public policy, geography, urban or environmental planning or a closely related field. AND Equivalent to a Graduate degree from an accredited educational institution with major coursework in urban planning, public policy, business, geography, arts or public administration, economics, or a closely related field.
Experience
Ten years of professional level experience in economic or business development, employment, public policy, geography, arts or non-profit administration or similar administrative capacity. Additional experience as outlined above may be substituted for the education requirement on a year for year basis. Project management and lead or supervisory experience is desirable.
OTHER REQUIREMENTS:
Must be able to travel to various locations within and outside the City of Berkeley to meet program needs and to fulfill the job responsibilities. When driving on City business, the incumbent is required to maintain a valid California driver's license as well as a satisfactory driving record.
CLASSIFICATION HISTORY:
Established: xx/xx
Represented – Local 1
Exempt
Attachment 2
Organization Chart – Office of Economic Development
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Donald Ellison, Interim Director, Human Resources Subject: Contract No. 8392 Amendment: Innovative Claim Solutions (ICS) for claims administration of the City’s Workers’ Compensation Program
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to extend Contract No. 8392 with Innovative Claims Solutions (ICS) to provide third-party claims administrative services, Medicare, Medicaid, and SCHIP Extension Act (MMSEA) Section 111 Mandatory Reporting to the Centers for Medicare & Medicaid Services (CMS), for an additional amount of $598,560 for July 1, 2022 through June 30, 2023.
FISCAL IMPACTS OF RECOMMENDATION
The contract amendment with Innovative Claim Solutions will add $598,560 to the existing contract through the end of fiscal year 2023. Funding for the proposed contract amendment is available in the Fiscal Year 2023 Workers’ Compensation Self-Insurance fund.
As a result of the proposed one-year contact amendment, Innovative Claims Solutions (ICS) has agreed to lower their administrative fees from $616,819 to $598,560. The decrease in fees will net the City of Berkeley a savings $18,259 for Fiscal Year 2023.
Original Contract Amount (7/1/2016 – 6/30/2022) $7,440,430 Current Contract Amount (FY 7/1/2021 –
6/30/2022)
$616,819
Proposed Increase (FY 7/1/2022 – 6/30/2023) $598,560
Savings (decrease in fees) $18,259
Total New Contract Amount $8,038,990
22
Contract No. 8392 Amendment: Innovative Claim Solutions CONSENT CALENDAR June 14, 2022
CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley is permissibly Self-Insured by the State of California, Department of Industrial Relations, to provide statutorily required workers’ compensation benefits to injured employees.
On April 26, 2016, the City Council adopted Resolution No. 67,436, authorizing the City Manager to execute and implement a contract including amendment for workers’ compensation third-party administration services with ICS. This contract amendment was approved from July 1, 2016 – June 30, 2021. The increase for this contractual period was $3,247,413 for a total not to exceed $6,823,611.
The current contract with ICS is set to expire on June 30, 2022. As such, a contract amendment is needed to continue claims administrative and management of the City’s self-funded workers’ compensation program. The Human Resources Department is planning to issue a Request for Proposal (RFP) in 2022 for workers’ compensation third-party administrative services. It has been several years since the City of Berkeley has solicitated an RFP for these services. As such, during the RFP process it is imperative that the operation of critical claim management services is maintained until a third-party administrator is selected. Additionally, retaining claim management services with ICS until the RFP selection process is completed ensures the City remains in compliance with all applicable workers’ compensation laws and regulations.
BACKGROUND
Innovative Claim Solutions, has been providing claims management services for over 20 years. The third-party claim management services for a workers’ compensation program consist of responsibility for claims management including, but not limited to, approval of claims based upon whether an injury arose out of the course and scope of employment; denial of claims that did not arise out of the course and scope of employment; or delay of claim decisions in order to obtain additional information or evidence before a determination can be on a claim. The third-party administrator procures services and pays bills incurred by claims for the provision of benefits to injured employees. These expenses include, but are not limited to, medical; legal; temporary and permanent disability payments; and future medical needs of injured employees.
A contract extension with ICS will maintain continuous service delivery including several performance standards that require ICS to evaluate old claims for closure and close new claims as soon as feasible.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.
Contract No. 8392 Amendment: Innovative Claim Solutions CONSENT CALENDAR June 14, 2022
RATIONALE FOR RECOMMENDATION
Innovative Claim Solutions has provided high quality claim management services throughout the terms of the contract. ICS consistently applies professionalism, expertise, and superior customer service in their claim management practices.
ALTERNATIVE ACTIONS CONSIDERED
Issue a Request for Proposal to seek bids from firms including ICS to provide third party administrative services for the City’s workers’ compensation program.
CONTACT PERSON
Donald Ellison, Interim Director of Human Resources, 510-981-6807 Attachments:
1: Resolution
RESOLUTION NO. ##,###-N.S.
CONTRACT NO. 8392 AMENDMENT: INNOVATIVE CLAIM SOLUTIONS FOR CLAIMS ADMINISTRATION OF THE CITY’S WORKERS’ COMPENSATION PROGRAM WHEREAS, the City of Berkeley is certified by the State of California Department of Industrial Relations under Labor Code Sections 3700 and 3705 to self-insure for providing statutorily required workers’ compensation benefits to its employees; and WHEREAS, on April 26, 2016, the City Council adopted Resolution No. 67,436 that authorized the City Manager to amend the contract with ICS for third-party administrative services for the City’s workers’ compensation program by extending the term through June 30, 2021; and
WHEREAS, amending the existing contract with ICS to provide both administration of the City’s workers’ compensation program and Medicare, Medicaid and SCHIP Extension Act (MMSEA) Section 111 mandatory reporting to the Centers for Medicare & Medicaid Services (CMS) on behalf of the City to maintain continuous service delivery; and WHEREAS, the City has found that the services performed by ICS have been satisfactory during the term of the contract and both parties desire to extend the term of the contract for one (1) additional year.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 8392 with Innovative Claim Solutions for third-party administrative services for both the City’s workers’ compensation program and MMSEA Reporting to the CMS, by extending the period through June 30, 2023 and increase the amount by an additional $598,560, for a total contract amount of $8,038,990.
All expenses are to be paid by the Workers’ Compensation Self-Insurance Fund (676-00- 000-000-0000-000-000-102127). A record signature copy of said contract and any amendments are to be on file in the Office of the City Clerk.
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jennifer Louis, Interim Chief of Police
Subject: Contract: Axon Enterprise, Incorporated for Body Worn Cameras, Storage and Software
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to enter into a Contract with Axon Enterprise, Incorporated to provide body worn cameras, equipment, software, and services for an amount not to exceed $1,115,000.00 over the next five years through Fiscal Year 2027.
FISCAL IMPACTS OF RECOMMENDATION
This purchase will not exceed $1,115,000.00 and includes the cost of body worn cameras, charging stations, accessories, software licenses, training and unlimited storage for five years. The purchase also includes replacement cameras and charging stations during the third and fifth year of the contract.
The funds are available in the Berkeley Police Department’s baseline budget for FY 2023 as follows: $223,000.00 in General Fund budget code 011-71-705-820-0000-000- 421-666110 and for each fiscal year through FY 2027.
CURRENT SITUATION AND ITS EFFECTS
The Body Worn Camera program is the continuation of the original program started in FY 2018 to purchase body worn cameras for all police officers. To extend the program, the police department is requesting council approval for the City Manager to sign a contract for the ongoing purchase of body worn cameras, accessories, storage, software licenses and services from Axon Enterprise, Incorporated under a Cooperative Purchasing Agreement.
BACKGROUND
In 2017, the City Council directed the City Manager to develop a plan to implement the use of body worn cameras for the Berkeley Police Department. Additionally, terms of a 2017 court settlement entered into by the City of Berkeley stipulated that the City will pursue the purchase of body worn cameras for all police officers. Consistent with these directions, the police department is requesting council approval for the City Manager to
23
Contract: Axon Enterprise, Incorporated for Body Worn Cameras, Storage and Software CONSENT CALENDAR June 14, 2022
enter into a contract continue to purchase body worn cameras, accessories, storage, software licenses and services from Axon Enterprise, Incorporated under a cooperative purchasing agreement.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are savings related to the reduction of printing or duplication costs due to the use of digital evidence storage, review, and retention. Use of all electronic reports and digital files for all images and video, contributes to a reduction of paper, printing and duplication costs for the City.
RATIONALE FOR RECOMMENDATION
Body Worn Cameras have become industry standard equipment in policing. The community, the City, Berkeley Police Officers, and the Police Accountability Board all see value in equipping the Berkeley Police Department with this equipment which provides valuable evidence in police investigations, and promotes a higher level of accountability for all parties involved in community - police interactions. Case studies have further shown that body worn cameras drastically reduce citizen complaints and use-of-force incidents.
Axon Enterprise, Incorporated has been providing law enforcement agencies with body worn camera solutions since 2009 and provides a suite of products with comprehensive features that aid in the collection and management of video evidence. Axon cameras have a unique combination of features including superior low-light performance, full-shift battery life, a capture rate of 30 frames per second with no dropped frames, pre-event buffering, multi-camera playback, and the ability to automatically categorize video using the police department's computer aided dispatch system. Hardware will be replaced twice during the five-year contract ensuring that the police department has the most up to date technology.
Axon's software and evidence management system are comprehensive, secure, and intuitive to use. Further, the Alameda County District Attorney has already adopted Axon's system to accept and manage digital evidence from within the county.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Jennifer Louis, Interim Chief of Police, Police Department, (510) 981-5700 Attachments:
1: Resolution
RESOLUTION NO. ##,###-N.S.
CONTRACT: AXON ENTERPRISE, INCORPORATED FOR BODY WORN CAMERAS
ALONG WITH RELATED HARDWARE, SOFTWARE, AND STORAGE
WHEREAS, The Berkeley Police Department is required to provide evidence in criminal investigations and continues to document police interactions with the community; and WHEREAS, Charter section 67.2 allows the City to purchase goods without undergoing a competitive bid process if the City is using pricing obtained by another public entity through a competitive process; and
WHEREAS, Cooperative purchasing agreements are available for purchasing by state and local governments; and
WHEREAS, the Cooperative purchasing agreements with vendors, provide lower costs on commodities and equipment to participating public agencies; and WHEREAS, the Berkeley Police Department and Finance-General Services determined available cooperative purchasing agreements meet the needs of the Police Department; and
WHEREAS, the cost of cameras, related hardware, software licenses, storage and support for 5 years will not exceed $1,115,000.00 and funds are available in the Berkeley Police Department’s baseline budget in FY 2023 as follows: $223,000.00 in budget code 011-71-705-820-0000-000-421-666110 and for each fiscal year through FY 2027.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized under Charter section 67.2 to execute a contract and any amendments to purchase body worn cameras along with the related hardware, software licenses, storage and support for five years from Axon Enterprise, Incorporated through a cooperative purchasing agreement in an amount not to exceed $1,115,000.00 and for a 5-year term through fiscal year 2027.
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Commission Reorganization: Creating the Transportation and Infrastructure Commission
RECOMMENDATION
Adopt a Resolution: rescinding Resolution No. 55,751-N.S. which created the Transportation Commission, rescinding Resolution No. 55,750-N.S. which created the Public Works Commission, and establishing the Transportation and Infrastructure Commission.
FISCAL IMPACTS OF RECOMMENDATION
No direct fiscal impacts, but this reorganization will reduce staff time and increase efficiency by consolidating two commissions into one.
CURRENT SITUATION AND ITS EFFECTS
At a Special Meeting on June 15, 2021, Council referred to the City Manager and City Attorney to bring back changes to the enabling legislation to reorganize existing City commissions, and refer to staff to develop recommendations on the transition to new consolidated commissions and the effective date of the changes. One of the Phase 2 reorganizations in the action was to consolidate the current Transportation Commission, the Public Works Commission, and the Zero Waste Commission into a new commission. Subsequently, at a regular meeting on January 18, 2022, City Council moved to retain the Zero Waste Commission as a stand-alone entity.
Staff recommend the following implementation plan: the two existing commissions will complete their regularly-scheduled meetings through June 15, 2022, and the new Transportation and Infrastructure Commission will begin in June 15, 2022, with the first meeting of the new Commission to be held Thursday July 21, 2022 at 7pm. All City Council appointees to the current commissions being consolidated will expire as of June 15, 2022, and Councilmembers will need to make new appointments to the new commission. The enabling resolution for the new commission includes a provision that all prior service on the commissions being consolidated is counted toward the 8-year limit of service.
24
Commission Reorganization: CONSENT CALENDAR
Creating the Transportation and Infrastructure Commission June 14, 2022
The function of the proposed new commission is the following: 1) The Transportation and Infrastructure Commission shall advise the City Council with respect to Transportation and Public Works infrastructure policies, facilities, and services. 2) The Commission shall have authority to handle appeals regarding tree removals required as part of any Public Works capital improvements project. 3) The Commission shall serve as the Bicycle and Pedestrian Advisory Committee for the City of Berkeley and shall review grant-funded projects as required for compliance with Alameda County Transportation Commission requirements. Commission consolidation was discussed at the January 20, 2022 Transportation Commission meeting and the November 4, 2021 Public Works Commission meeting.
BACKGROUND
Per the Problem/Summary Statement in the City Council action item of June 15, 2021, 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 the City faces in recovering from the COVID-19 pandemic and the demands that this recovery places on City staff, Council deemed it an appropriate time to consider how best to consolidate commissions.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental impacts associated with the recommendation in this report.
The Transportation and Infrastructure Commission is expected to make recommendations to Council on projects and policies in support of sustainable transportation and infrastructure.
RATIONALE FOR RECOMMENDATION
As the City re-emerges from COVID-19, the City needs to demonstrate efficiency and fiscal restraint. The re-organization of City commissions places an emphasis on overall community benefit, staff productivity, and will bring a greater diversity of voices into the commission process.
CONTACT PERSON
Liam Garland, Director, Public Works (510) 981-6303
Farid Javandel, Manager of Transportation, Public Works (510) 981-7010 Joe Enke, Manager of Engineering, (510) 981-6411
Commission Reorganization: CONSENT CALENDAR
Creating the Transportation and Infrastructure Commission June 14, 2022
Attachments:
1. Resolution
RESOLUTION NO. ##,###-N.S.
ESTABLISHING THE TRANSPORTATION AND INFRASTRUCTURE COMMISSION
AND PROVIDING FOR THE DUTIES THEREOF
BE IT RESOLVED by the Council of the City of Berkeley as follows:
Section 1. ESTABLISHING THE TRANSPORTATION AND INFRASTRUCTURE
COMMISSION AND ENDING THE TRANSPORTATION COMMISSION, AND PUBLIC WORKS COMMISSION.
A. There is hereby established a Transportation and Infrastructure Commission in the City of Berkeley, the duties and responsibilities of which are set forth hereinafter.
B. The Commission shall consist of nine members. Members of the Commission shall be appointed by members of the City Council in accordance with Municipal Code Section 2.04.050.
C. Formation of the Transportation and Infrastructure Commission shall become effective June 15, 2022.
D. The Transportation Commission, and Public Works Commission shall end effective June 15, 2022.
Section 2. DURATION OF THE COMMISSION
The life of the Transportation and Infrastructure Commission shall be until a vote of the City Council ends it.
Section 3. DUTIES OF THE COMMISSION
A. The Transportation and Infrastructure Commission shall advise the City Council with respect to Transportation and Public Works infrastructure policies, facilities, and services.
B. The Commission shall be empowered to gather information and data relevant to legislative actions which directly and significantly influence transportation.
C. The Commission shall evaluate such information and data and make recommendations to the City Council on traffic management policies and implementation of such policies.
D. Advise the City Council on all matters relative to the maintenance, repair, and capital improvements of streets and sidewalks, sanitary sewers, storm drains, city buildings, communication systems, vehicles, and equipment, undergrounding of utilities, and streetlights.
E. In addition to the foregoing general duties, the Commission shall be empowered to do the following:
1. Hold meetings on the taxi ordinance and make recommendations to the Council regarding rates, the number of permits, taxi stands, and related matters.
2. Conduct meetings and obtain data regarding parking policies and restrictions, pricing, and enforcement thereof.
3. Consider safety measures and devices, including emergency access, and make recommendations thereon.
4. Consider pricing of road use.
5. Consider vehicle circulation.
6. Consider impact of land use on transportation.
7. Consider finances related to transportation.
8. Consider service vehicle parking, circulation, and access.
9. Consider goods movement, vehicle parking, circulation, and access.
10. Consider movement priorities among pedestrians and vehicles.
11. Consider pedestrian movement, including walkways and sidewalks.
12.Consider public transit routes, schedules, and operating guidelines, as well as any changes proposed by AC Transit or other transit operators.
13. Consider transit stop locations, design, and transit.
14. Consider bikeways and bicycle racks.
15. Consider federal and state legislation concerning Transportation and Public Works.
16. Consider public education regarding Transportation and Public Works.
17. Advise on and monitor implementation of the City’s adopted transportation and infrastructure plans.
18.Provide recommendations and updates on 5 Year Paving Plan, and Paving Policy to advance technologies and environmentally sustainable management of the right of way.
19.Provide input and opportunity for public discussion of public works funding allocations, needs and opportunities for future funding.
20. Provide recommendations and input to incorporate innovation in the public right of way including for surfacing and signals for transportation safety and environmental sustainability.
21.Provide forum for public outreach on public works program and project execution.
22.Provide input and recommendations on public restrooms and facilities.
23.Provide recommendations on opportunities for public
engagement and participation in clean-up and minor
maintenance of surface assets such as the Adopt a Spot
program.
24.Hold meetings and make recommendations on appeals of tree removals required as part of any Public Works Capital
Improvements project. Such recommendations would be
completed in a single meeting and would constitute input to Public Works staff.
25. The Commission shall serve as the Bicycle and Pedestrian Advisory Committee for the City of Berkeley and shall review grant-funded projects as required for compliance with Alameda County Transportation Commission requirements.
F. The Commission shall work with the Planning Commission and other appropriate commissions as necessary on the City of Berkeley General Plan revision.
In considering the foregoing specific areas of concern, the Commission shall be empowered to make written recommendations to the City Council from time to time as the Commission or the City Council deems necessary or desirable.
Section 4. SECRETARY TO COMMISSION
The City Manager shall designate an employee of the City of Berkeley to serve as secretary to the Commission who shall attend the meetings of the Commission, record the minutes thereof, and cause said minutes to be reduced to written form.
Section 5. TERM OF OFFICE
For purposes of determining term limits, a commissioner’s prior service on the Transportation Commission, or the Public Works Commission shall be counted, provided that their prior service was terminated by their appointment to the Transportation and Infrastructure Commission.
BE IT FURTHER RESOLVED THAT Resolution No. 55,751-N.S. which created the Transportation Commission, and any amending resolutions, are hereby rescinded effective June 15, 2022.
BE IT FURTHER RESOLVED THAT Resolution No. 55,750-N.S. which created the Public Works Commission, and any amending resolutions, are hereby rescinded effective June 15, 2022.
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: Final Map of Tract 8621: 1169-1173 Hearst Avenue
RECOMMENDATION
Adopt a Resolution approving the final map of Tract Map 8621, a five (5) unit residential condominium project consisting of a single-family dwelling unit and two duplexes at 1169-1173 Hearst Avenue.
FISCAL IMPACTS OF RECOMMENDATION
There is no cost to the City. The applicant paid the appropriate fees with submission of their tract map application.
CURRENT SITUATION AND ITS EFFECTS
The Planning Commission approved the tentative map on December 1, 2021, and that map is valid for twenty-four months from the approval date. Prior to the sale of any condominium units, state law and City Ordinances require the owner to submit a final map to City Council for approval. The owner duly submitted a final map for this project within the required twenty-four month timeframe, and is now seeking Council approval.
BACKGROUND
On December 1, 2021, the Planning Commission voted to approve the application of Hearst Avenue Cottages, LLC (owner of the 1169-1173 Hearst Avenue property) for a five (5) unit residential condominium project as described above.
Section 21.20.100 of the Berkeley Municipal Code requires City Council approval of all final map subdivisions. In addition, pursuant to Section 66474.1 of Division 2 of the Government Code, a legislative body must approve such a final map if it finds it to be in substantial compliance with the approved tentative map.
All conditions of approval have been completed to the satisfaction of the Public Works Department and the Planning and Development Department. Engineering Division staff have examined the final map, and determined it to be in substantial compliance with the approved tentative map.
25
Final Map of Tract 8621: 1169-1173 Hearst Avenue CONSENT CALENDAR June 14, 2022
The final map is meant to provide a record of the underlying property survey, and does not constitute approval of a proposed or existing structure upon the property. Separate action is required for this approval, which has been obtained by virtue of use permits and buildings permits.
ENVIRONMENTAL SUSTAINABILITY
This project complies with the California Green Building Standards Code (CALGreen).
CALGreen is California’s green building code to improve public health, safety, and general welfare through enhanced design and construction of buildings utilizing concepts which promote a positive environmental impact and sustainable construction practices. In addition, the site utilizes flow-through planter to treat stormwater as required by section C.3 of the Municipal Regional Stormwater NPDES (National Pollutant Discharge Elimination System) permit.
RATIONALE FOR RECOMMENDATION
Pursuant to Section 66474.1 of Division 2 of the Government Code, the City Council must approve the final map if it finds it to be in substantial compliance with the approved tentative map. Staff has reviewed the map and finds it to be in substantial compliance with the tentative map.
ALTERNATIVE ACTIONS CONSIDERED
No other alternative course of action is recommended.
CONTACT PERSON
Farid Javandel, Deputy Director, Department of Public Works (510) 981-7061 Joseph Enke, Manager of Engineering, Engineering Division (510) 981-6411 Ron Nevels, Supervising Civil Engineer, Engineering Division (510) 981-6439 Vincent Chen, Associate Civil Engineer, Engineering Division (510) 981-6409 Attachment:
1: Resolution
Exhibit A: Tract Map 8621
RESOLUTION NO. ##,###-N.S.
FINAL MAP OF TRACT 8621: 1169-1173 HEARST AVENUE, BERKELEY WHEREAS, the Berkeley Planning Commission has determined that the tentative map of Tract 8621 conforms to the requirements of the City’s subdivision Ordinance, and the California Subdivision Map Act, and approved the tentative map of Tract 8621 on December 1, 2021; and
WHEREAS, the Public Works Department and the Planning and Development Department have certified that the final map of Tract 8621 substantially conforms to the conditionally approved tentative map, as required by the California Subdivision Map Act.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the final map of Tract 8621 (Exhibit A), a five (5) unit residential condominium project consisting of a single-family dwelling unit and two duplexes located at 1169-1173 Hearst Avenue, Berkeley, is hereby approved.
Exhibit A: Tract Map 8621
Peace and Justice
Commission
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Peace and Justice Commission
Submitted by: George Lippman, Chairperson, Peace and Justice Commission Subject: Call for Immediate Ukraine Ceasefire
RECOMMENDATION
Adopt a Resolution Urging a Ceasefire between Ukraine and Russia.
FISCAL IMPACTS OF RECOMMENDATION
Minimal impact to staff time.
CURRENT SITUATION AND ITS EFFECTS
Since 24 February 2022, tens of thousands of Ukrainian civilians – children, mothers, fathers, siblings, grandparents, and other human beings – have been killed by Russian military forces’ bombing and shelling of apartment buildings, private residences, hospitals including a maternity hospital, children’s schools and playgrounds, and other non-military locations in cities throughout the sovereign state of Ukraine.
Appeals to Russia and to its President Vladimir Putin from UN Secretary-General António Guterres and member states of the United Nations for an immediate cease-fire have gone unheeded.
At its regular meeting of April 4, 2022, the Peace and Justice Commission unanimously proposed the attached resolution for the City Council.
M/S/C: (Maran/Morizawa)
Ayes: Bohn, Gussman, Jacqulin, Lee, Lippman, Maran, Morizawa, Rodriguez Noes: None
Abstain: None
Absent: Leon-Maldonado
26
Call for Immediate Ceasefire between Ukraine and Russia CONSENT CALENDAR June 14, 2022
BACKGROUND
On February 22, 2022, the Berkeley City Council adopted a resolution entitled “Support of Ukraine, Continued Diplomacy, and Adherence to Constitutional Procedure With Respect to Armed Conflict Amidst Ongoing Tensions,” standing with Ukraine and affirming that the territorial integrity of a state cannot be changed by force; and furthermore, “that in resolving tensions, the U.S. and its allies must vigorously pursue all potential diplomatic solutions to the crisis and that any last resort move towards armed conflict must be carefully debated and declared by the United States Congress.”1
ENVIRONMENTAL SUSTAINABILITY
War is among the most catastrophic causes of environmental degradation and climate change. An article by the Atlantic Council states, “At a time when humans are racing against the clock to prevent irreparable damage to the planet over the next one to two decades, contending with conflict-driven carbon emissions on top of already massive human-sourced emissions is unbearable.”2
RATIONALE FOR RECOMMENDATION
The United Nations was created after World War II to end the “scourge of war,” to achieve international co-operation in solving international problems of a … humanitarian character…,” and to “be a centre for harmonizing the actions of nations in the attainment of these common ends.” People around the world rely on, and must urge the United Nations to lead in the peaceful resolution of international conflict.”
ALTERNATIVE ACTIONS CONSIDERED
None
CITY MANAGER
The City Manager takes no position on this recommendation.
CONTACT PERSON
Okeya Vance-Dozier, Commission Secretary, City Manager’s Office, (510) 684-0503 Attachments:
1: Resolution
1 https://www.cityofberkeley.info/Clerk/City_Council/2022/02_Feb/Documents/2022-02-22_Urgent_Item_- _Ukraine.aspx
2 “The Atlantic Council is an American think tank in the field of international affairs, favoring Atlanticism, founded in 1961.” Ariel Ezrahi, March 25, 2022, https://www.atlanticcouncil.org/blogs/menasource/the- ukraine-crisis-is-a-reminder-of-why-conflict-driven-carbon-emissions-matter-in-mena-and-beyond/
RESOLUTION NO. ##,###-N.S.
Call for Immediate Ukraine Ceasefire
WHEREAS, the Peace and Justice Commission advises the City Council and the BUSD on all matters relating to the City of Berkeley's role in issues of peace and social justice (Berkeley Municipal Code (BMC) Chapter 3.68.070); and
WHEREAS, since 24 February 2022, tens of thousands of Ukrainian civilians – children, mothers, fathers, siblings, grandparents, and other human beings – have been killed by Russian military forces’ bombing and shelling of apartment buildings, private residences, hospitals including a maternity hospital, children’s schools and playgrounds, and other non-military locations in cities throughout the sovereign state of Ukraine; and WHEREAS, appeals to Russia and to its President Vladimir Putin from UN Secretary- General António Guterres and member states of the United Nations for an immediate cease-fire have gone unheeded; and
WHEREAS, the United Nations Charter, in force since 24 October 1945 and resulting from the entirely voluntary and wholly legally-binding ratification of the Charter by 193 sovereign states, declares:
“Chapter 1 PURPOSES AND PRINCIPLES…
(The Purposes of the United Nations are: …)
Article 1 (3) To achieve international co-operation in solving international problems of a … humanitarian character…”; and
“Article 1 (4) To be a centre for harmonizing the actions of nations in the attainment of these common ends.”
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that we hereby call upon the United Nations Secretary-General to offer the UN’s good offices to the government of Ukraine and the government of the Russian Federation for the purposes of
1. declaring an immediate cease-fire, and
2. concurrently convening peace negotiations for a permanent end to armed hostilities.
BE IT FURTHER RESOLVED that copies of this resolution be sent to United Nations Secretary-General António Guterres, Secretary of State Antony Blinken, US Ambassador to the United Nations Linda Thomas-Greenfield, Senator Dianne Feinstein,
Call for Immediate Ceasefire between Ukraine and Russia CONSENT CALENDAR June 14, 2022
Senator Alex Padilla, and Congresswoman Barbara Lee (current Congressional Representative to the UN General Assembly).
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
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Sugar Sweetened Beverage Product Panel of Experts (SSBPPE) Submitted by: Holly Scheider, Chairperson, SSBPPE Commission Subject: Recommendation that the City Council Revise Resolution No. 69,917 Regarding Procurement, Sales and Service of Sugar-Sweetened Beverages.
RECOMMENDATION
Adopt a Resolution to amend Resolution No. 69,917 in response to the request of the City Council on June 1st, 2021, in Action Item #18A, the Sugar Sweetened Beverage Product Panel of Experts (SSBPPE) has considered “how to regulate sugar sweetened beverages at events held on City of Berkeley Property hosted by non-City entities who receive City of Berkeley funds.” The Commission recommends that the Berkeley City Council revise the requirement for events that receive City of Berkeley funding to mandate that these events also comply with the intent of Resolution No. 69,917.
The City Council has the opportunity to make the Resolution more impactful by banning the sale and service of sugary drinks at City sponsored events. This will be a powerful message to community residents and visitors who attend events such as the Book Festival, Kite Festival, Juneteenth festival and Chocolate and Chalk Art Festival to name a few.
SUMMARY
The SSBPPE Commission recommends that the Berkeley City Council revise the requirement for events that receive City of Berkeley funding to mandate that these events also comply with the intent of Resolution No. 69,917.
FISCAL IMPACTS OF RECOMMENDATION
Cost of promulgating information, including developing signage, notifying City Departments and revising clauses in City contracts.
CURRENT SITUATION AND ITS EFFECTS
Currently, the City of Berkeley Resolution No. 69917 allows sugar-sweetened beverages to be sold and distributed at events that receive City of Berkeley funding.
27
Report to Revise Res. No. 69,917-N.S. CONSENT CALENDAR
June 14, 2022
The Healthy Berkeley program combines education and policies that are aimed at changing community norms around consumption of sugary drinks to reduce both consumption and the rates of disease linked to consumption. The Healthy Checkout Ordinance passed in Oct 2020 along with the June 2021 City of Berkeley Procurement Resolution are policies that change the environment in which people purchase and consume sugary foods and beverages.
Research has demonstrated that educational efforts alone (including signs at point of purchase) are limited in reducing consumption compared to removing sugary drinks from the environment as well as providing education.1 For example, the most successful way to reduce the purchase of sugar drinks is to not offer them for sale and to replace the offerings with healthy beverages. Research has shown that this strategy has to led to significant health improvements.2
BACKGROUND
In November of 2014, the Berkeley voters passed Measure D with 76% of the vote, which requires both the collection of a 1 cent-per-ounce tax on the distribution of SSBs in the City of Berkeley and the convening of the Sugar Sweetened Beverage Products Panel of Experts (SSBPPE) to recommend investments to both reduce the consumption of SSBs as well as to address the health consequences of the consumption of SSBs including diabetes, dental caries, heart disease and obesity.3 To accomplish these goals, the City created the Healthy Berkeley program to reduce the consumption of sugar-sweetened beverages (“SSB”) in Berkeley and to address the effects of SSB consumption. The City of Berkeley requires that all Healthy Berkeley funded programs (including the school district) adopt an organizational policy curtailing the service, procurement and sale of SSBs. The purpose of these organizational policies is to change norms in our community about consuming sugary drinks.
Educational programs are provided by community partners in order to complement and sustain the policy efforts.
We know from the public health campaigns to reduce tobacco use, that institutional policies that change norms have a powerful impact on behavior and are a vital tool to improving health in our communities. Education and media campaigns, by themselves, are not enough to change behaviors, especially when tobacco and beverage companies try to subvert the health messages using pervasive and persuasive marketing, and when there is an addictive aspect to the behavior as is the case with both tobacco and sugar.4
1 Interventions to reduce consumption of sugar-sweetened beverages or increase water intake: evidence from a systematic review and meta-analysis: https://onlinelibrary.wiley.com/doi/10.1111/obr.12580 2 https://www.ucsf.edu/news/2019/10/415746/workplace-sales-ban-sugared-drink-shows-positive-health-effects 3 B.M.C. 7388-NS § 7.72, 2014, City of Berkeley
4 https://www.theatlantic.com/health/archive/2014/01/the-sugar-addiction-taboo/282699/
Report to Revise Res. No. 69,917-N.S. CONSENT CALENDAR
June 14, 2022
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
In 2014, Berkeley voters overwhelmingly passed Measure D and since then the City of Berkeley has led the effort to reduce the consumption of sugary drinks and resulting health impacts and disparities, not only in Berkeley but also in the Bay Area and nationwide. Sales of sugary beverages have decreased, and school and community groups have been funded to continue the effort to reduce sugary drink consumption and improve health. Now is an opportune time for the City to once again provide strong leadership by prohibiting the sale and distribution of sugary drinks at City sponsored community events. This addition to the Resolution would make it consistent with the mission of the Healthy Berkeley Program and provide powerful norm change and thereby improve the health of our community. This policy would be responsive to the will of the voters, supportive of school and community efforts to improve Berkeley residents' health, and a model to other cities. This policy will align the City with Healthy Berkeley grantees who have already adopted similar policies. The SSBPPE encourages the City to take this step to set an example and demonstrate its own commitment to the further reducing sugary drink consumption and improvement in community health.
ALTERNATIVE ACTIONS CONSIDERED
In January 2018, the SSBPPE voted to recommend that the Berkeley City Council adopt an Ordinance amending the Administrative Code to direct the City of Berkeley departments and City food services contractors to refrain from: 1) Procuring sugar- sweetened beverages with City funds; 2) Selling sugar-sweetened beverages on City property, including in vending machines; and 3) Serving sugar-sweetened beverages at City meetings and events on City property. On March 27, 2018, the City Council voted to refer the recommendation to the City Manager and request that the City Manager draft an ordinance for consideration by the City Council. In June 2018, the City Council ranked this ordinance around 32 among items to develop for the City. No further action was taken until 2019, when the SSBPPE forwarded a Sugar-Sweetened Beverage Procurement Resolution recommending that the City of Berkeley and City food services contractors shall not:
1) Serve sugar-sweetened beverages at City meetings and events on City property,
2) Procure sugar-sweetened beverages with City funds; and, 3) Sell sugar-sweetened beverages on City property, including in vending machines.
Report to Revise Res. No. 69,917-N.S. CONSENT CALENDAR
June 14, 2022
CITY MANAGER
The City Manager appreciates the work done by the SSBPPE to reduce the consumption of sugar-sweetened beverages in Berkeley. Adherence to this resolution must be a self-monitored process by vendors and City Departments.
CONTACT PERSON
Roberto Terrones, Interim SSBPPE Commission Secretary, PHD, 510-981-5324 Attachments:
1: Resolution with track changes and clean copy
RESOLUTION NO. ##,### -N.S.
AMENDING RESOLUTION No. 69.917 – N.S. ESTABLISHING CITY POLICY /
AMENDING THE ADMINISTRATIVE CODE TO DIRECT CITY OF BERKELEY
DEPARTMENTS TO REFRAIN FROM PROCURING, SERVING OR SELLING
SUGARY DRINKS
WHEREAS, the City of Berkeley is known for its commitment to reducing inequities in diet and disease and in promoting access to healthy food and beverages.
WHEREAS, drinking just one serving of sugar-sweetened beverage per day poses a 30 percent or higher risk of becoming diabetic.
WHEREAS, drinking just one serving of sugar-sweetened beverage per day poses a 30 percent or higher risk of early death from cardiovascular disease.
WHEREAS, City employees deserve a healthy work environment, with an increased variety of healthier, low-sugar, alternative beverages such as flavored waters, plain or carbonated water, 100% juice, milk drinks, diet drinks, unsweetened or artificially sweetened iced teas and coffee drinks.
WHEREAS, it is recognized that City staff are free to bring and consume their own sugary beverages at work.
WHEREAS, other public institutions that have completely eliminated the sales of sugar sweetened beverages on their premises and have demonstrated that as a result, positive changes have been documented in the staff’s metabolic disease indicators associated with lower risk of diabetes and heart disease.
WHEREAS, giving City employees access to healthier beverages in the workplace will increase healthy beverage consumption and reduce the impact of diet-related disease, thus reducing the City's health care expenses.
WHEREAS, the City of Berkeley requires that all organizations receiving funding from Healthy Berkeley not serve or sell sugar sweetened beverages on their premises.
WHEREAS, the Berkeley Unified School District does not serve or sell soda to students of all ages on their premises, and this contributes to positive adult role modeling regarding healthy beverage consumption.
WHEREAS, Chapter 7.72 of the City of Berkeley Municipal Code has already defined sugar-sweetened beverages as all beverages with added caloric sweeteners with a minimum of 2 calories per fluid ounce, including juices with added sweetener, sodas, energy drinks, sweetened teas and coffee drinks, and sport drinks which offer little or no nutritional value, but include massive quantities of added sugar and in addition,
Berkeley Municipal Code Chapter 7.72 also defines exemptions and thus excludes waters,100% juice, milk drinks, diet drinks, as well as medical drinks and baby formula.
NOW THEREFORE, BE IT RESOLVED that the City of Berkeley shall not:
1. Procure sugar-sweetened beverages with City funds; and,
2. Serve or sell sugar-sweetened beverages on City property, including in vending machines.
BE IT FURTHER RESOLVED that the City discourages sugar-sweetened beverages at events on City property that receive City of Berkeley funding, and mandate that these events be required to provide options other than sugar-sweetened beverages.
BE IT FURTHER RESOLVED that the City prohibits the sale or service of sugar- sweetened beverages (as defined in the Sugar-Sweetened Beverage Product Distribution Tax – Chapter 7.72 .030 of the Berkeley Muni Code) at events that receive City of Berkeley funding and require signs be posted at these events educating the public about why sugar-sweetened beverages are not being served or sold BE IT FURTHER RESOLVED that in areas or facilities where employees regularly work beyond the core business hours of 8 a.m. - 6 p.m., the City of Berkeley shall provide refrigerators in good working order and of adequate size for the number of employees in that area, to bring and store their own beverages.
BE IT FURTHER RESOLVED to ask the City Council to make a referral to the Sugar- Sweetened Beverage Product Panel of Experts to consider how to regulate sugar sweetened beverages at events held on City of Berkeley Property hosted by non-City entities who receive City of Berkeley funds.
RESOLUTION NO. ##,### -N.S.
AMENDING RESOLUTION No. 69.917 – N.S. ESTABLISHING CITY POLICY /
AMENDING THE ADMINISTRATIVE CODE TO DIRECT CITY OF BERKELEY
DEPARTMENTS TO REFRAIN FROM PROCURING, SERVING OR SELLING
SUGARY DRINKS
WHEREAS, the City of Berkeley is known for its commitment to reducing inequities in diet and disease and in promoting access to healthy food and beverages.
WHEREAS, drinking just one serving of sugar-sweetened beverage per day poses a 30 percent or higher risk of becoming diabetic.
WHEREAS, drinking just one serving of sugar-sweetened beverage per day poses a 30 percent or higher risk of early death from cardiovascular disease.
WHEREAS, City employees deserve a healthy work environment, with an increased variety of healthier low-sugar alternative beverages such as flavored waters, plain or carbonated water, 100% juice, milk drinks, diet drinks, unsweetened or artificially sweetened iced teas and coffee drinks.
WHEREAS, it is recognized that City staff are free to bring and consume their own sugary beverages at work.
WHEREAS, other public institutions that have completely eliminated the sales of sugar sweetened beverages on their premises and have demonstrated that as a result, positive changes have been documented in the staff’s metabolic disease indicators associated with lower risk of diabetes and heart disease WHEREAS, giving City employees access to healthier beverages in the workplace will increase healthy beverage consumption and reduce the impact of diet-related disease, thus reducing the City's health care expenses.
WHEREAS, the City of Berkeley requires that all organizations receiving funding from Healthy Berkeley not serve or sell sugar sweetened beverages on their premises.
WHEREAS, the Berkeley Unified School District does not serve or sell soda to students of all ages on their premises and this contributes to positive adult role modeling regarding healthy beverage consumption.
WHEREAS, Chapter 7.72 of the City of Berkeley Municipal Code has already defined sugar-sweetened beverages as all beverages with added caloric sweeteners with a minimum of 2 calories per fluid ounce, including juices with added sweetener, sodas, energy drinks, sweetened teas and coffee drinks, and sport drinks which offer little or no nutritional value, but include massive quantities of added sugar and in addition,
Berkeley Municipal Code Chapter 7.72 also defines exemptions and thus excludes waters,100% juice, milk drinks, diet drinks, as well as medical drinks and baby formula.
NOW THEREFORE, BE IT RESOLVED that the City of Berkeley shall not:
1. Procure sugar-sweetened beverages with City funds; and,
2. Serve or sell sugar-sweetened beverages on City property, including in vending machines.
BE IT FURTHER RESOLVED that the City prohibits the sale or service of sugar- sweetened beverages (as defined in the Sugar-Sweetened Beverage Product Distribution Tax – Chapter 7.72 .030 of the Berkeley Muni Code) at events that receive City of Berkeley funding and require signs be posted at these events educating the public about why sugar-sweetened beverages are not being served or sold.
BE IT FURTHER RESOLVED that in areas or facilities where employees regularly work beyond the core business hours of 8 a.m. - 6 p.m., the City of Berkeley shall provide refrigerators in good working order and of adequate size for the number of employees in that area, to bring and store their own beverages.
BE IT FURTHER RESOLVED to ask the City Council to make a referral to the Sugar- Sweetened Beverage Product Panel of Experts to consider how to regulate sugar sweetened beverages at events held on City of Berkeley Property hosted by non-City entities who receive City of Berkeley funds.
Sophie Hahn
Councilmember
District 5
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7150 ● TDD: (510) 981-6903 E-Mail: [email protected]
CONSENT CALENDAR
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Councilmember Sophie Hahn (Author), Councilmembers Terry Taplin, Ben Bartlett and Kate Harrison (Co-Sponsors)
Subject: Restoring and Improving Access to City of Berkeley Website and Archival Materials
RECOMMENDATION
Direct the City Manager to:
1. Restore at previous URLs all PDF documents previously hosted on the City of Berkeley website.
2. Create a publicly accessible archival copy of the City’s previous website, CityofBerkeley.info, that can be accessed without logins and via internet search engines. Include a prominent disclaimer noting the date the website, page, or document was archived, with links redirecting to the active website or other responsive resource.
3. On the new website, update Commission pages to include a minimum of 2 years of historic agendas and other materials and update City Council and Council Committee pages to include at least 3 years of complete materials.
4. By July 15, 2022 develop and make available to all City staff and to the public training at beginner to expert levels on use of the City’s Records Online search function and create more extensive and less technical self-help resources covering basic and expert use.
5. In recognition of increased public traffic, update the Records Online homepage to explain how the portal works and link to more robust self-help resources and alternative search functions.
6. Coordinate with agency staff to include all relevant records (agendas, minutes, etc.) from Rent Board and Housing Authority in Records Online Portal.
7. Update any remaining 404 pages to explain that the City’s website has been moved/updated, and provide links to helpful pages, search functions and/or
28
CONSENT
June 14, 2022
pathways to access responsive materials. As quickly as possible, consider implementing redirects with wildcards to direct as many old links to relevant new website pages in lieu of the standard 404 page. E.g. cityofberkeley.info/planning* to the Planning Department site map/homepage, or Department Specific 404 page explaining new navigation.
Refer to the City Manager the following additional improvements to Records Online:
1. Within Records Online, provide unique archival/search categories for each City Commission, Board, Committee and Rent Board, and consider other useful categories, to assist users in narrowing results and identifying responsive materials.
2. Allow Records Online search results to be sorted by date and by other searchable factors. Consider means to integrate records online into default site search bar.
3. Explore and report back to Council options for improving the scope of Records Online, improving search options and sorting, and making all materials – or materials from January 1, 2000 (or an earlier recommended date) forward, searchable using internet search engines.
BACKGROUND
The recently launched new City Website has brought many important improvements, in particular with respect to customer/resident services. It’s much easier for users to find help with important functions such as requesting a service, reporting a pothole, or paying a bill, and to learn about public-facing services and facilities. It also includes well-organized foundational information about City departments and special projects. All of this represents a huge improvement for these users and uses.
The new website’s utility as a resource and archive for specialized or in-depth records and materials, however, has been severely hobbled. Staff has reported that over 15,000 pages were consolidated into 500, in an attempt to focus the website on a particular and important user experience. Unfortunately, other functionalities were severely reduced and users who have long relied on the website to access a broad range of important materials have limited opportunities to search for and find responsive documents.
Another consequence of removing the City’s “old” website is that all links in plans such as the Bicycle, Pedestrian, and Vision Zero Plans, Area Plans, the SOSIP Plan, the Climate Action Plan, Electric Mobility Plan - and all other Plans generated prior to launch of the new website - are broken. Links in every item, memorandum, study, regulation, footnote, press release, health order, or other document or statement generated by the City prior to launch of the new website are also dead.
CONSENT
June 14, 2022
Materials previously accessible via simple search engine queries are no longer accessible, except via an “old school” portal that requires time and expertise to navigate. Unlike 21st Century search engines, Records Online works best when a user knows exactly what they are looking for, including the title and date a document or topic was generated, severely limiting its utility. Broader searches generate voluminous results that cannot be easily browsed, adding significant time to locate materials that previously could be identified instantaneously. For members of the public curious about a City topic or policy, and in particular for staff and Council Members involved in research or writing memos, policies, programs, plans, and other in depth items, the extra time involved searching for responsive documents can add up to hours, and important documents are likely to be missed.
Compounding this problem, website pages that previously linked to years’ worth of archived documents, press releases, memos, regulations, plans and similar materials either no longer exist, or contain only shallow archives. As a result, a veritable trove of documents and reports important to understanding the history and current status of the City and its programs and policies, while technically still available via expert use of Records Online, are functionally beyond reach.
Addressing the loss of critical transparency and functionality with closure of the City’s previous website requires urgent action. This item requires both interim and long term solutions to be implemented on an expedited basis.
FINANCIAL IMPLICATIONS
Significant reduction in staff time across the organization chasing broken links and searching for materials in Records Online. Staff time to implement requested changes and research additional solutions.
CURRENT SITUATION AND ITS EFFECTS
The updated website presents significant challenges for important users and uses.
Members of the public, staff, and elected officials are no longer able to reliably locate or navigate current and historic materials. Critical transparency is vastly decreased, and user time across the City and among members of the public is increased, rendering both work and public participation more difficult and time consuming.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
N/A
CONTACT PERSON
Councilmember Sophie Hahn Council District 5 510-981-7150
CONSENT
June 14, 2022
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7170 ● TDD: (510) 981-6903 E-Mail: [email protected]
CONSENT CALENDAR
June 14, 2022
To: Honorable Mayor and Members of the City Council
From: Councilmember Rigel Robinson, Mayor Jesse Arreguin Subject: Support for SB 1389: Low-Level Vehicle Infractions
RECOMMENDATION
Send a letter to Senator Steven Bradford, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of Senate Bill 1389, which would prohibit peace officers from initiating traffic stops for certain low-level infractions unless there is a separate, independent basis to initiate the stop.
BACKGROUND
SB 1389, introduced by Senator Bradford, would amend the California Vehicle Code to state that “a peace officer shall not initiate a motor vehicle stop for a low-level infraction unless there is a separate, independent basis to initiate the motor vehicle stop.” Low- level infractions are defined as any of the following:
A violation related to the registration of a vehicle or vehicle equipment or the operation of a bicycle.
A violation pertaining to a license plate not securely fastened to the vehicle, but the plate is otherwise clearly displayed.
A violation for lighting equipment not illuminating, but the violation is limited to a single brake light, headlight, or running light or a single bulb in a larger light of the same.
This bill does not include vehicle registrations that have expired for more than six months or violations relating to commercial vehicles; thus, peace officers may still stop vehicles for those infractions.
Traffic stops are the most common form of interaction between American civilians and law enforcement. Low-level traffic stops are often used as pretext to stop a vehicle and investigate the driver for other possible crimes, giving officers vast discretion and contributing to racial disparities in policing. A 2019 analysis of RIPA data by the Public Policy Institute of California showed that during traffic stops, Black people were twice as likely as White people to be searched and twice as likely to experience some form of escalation, such as use of force or being asked to step out of the vehicle.1 1 https://www.ppic.org/publication/policy-brief-racial-disparities-in-law-enforcement-stops/
29
Support for SB 1389 CONSENT CALENDAR June 14, 2022
71 transportation safety, transportation equity, racial equity, civil rights, police and transformative justice reform organizations nationwide have signed onto a letter requesting that the U.S. Department of Transportation and Department of Justice reexamine agency-sponsored programs that encourage law enforcement reliance on pretextual stops.2 For example, the “Data-Driven Approaches to Crime & Traffic Safety” (DDACTS) program teaches police departments to use pretextual traffic stops as a tool to stop crime by focusing enforcement in “high crime” areas. The coalition letter reads, “Although deemed constitutional by the Supreme Court, pretextual stops are particularly harmful—they result in racial inequities that far exceed disparities in traffic stops aimed at road safety; they result in particularly invasive questioning and searches. The DDACTS approach sounds in Broken Windows policing and other strategies that have wrought incredible harm, predominantly in communities of color, under the name of targeting high-crime neighborhoods.”
Conducting stops for low-level traffic violations that do not pose a threat to public safety takes away valuable officer time from addressing more serious offenses, including violent crime and dangerous moving violations. SB 1389 would reduce racial disparities, cut down on unnecessary and negative community interactions with the police, and limit the use of pretextual stops as an investigative tool.
In February 2021, Council voted unanimously on direction to the City Manager to adopt the recommendations of the Mayor’s Fair and Impartial Policing Working Group, which included focusing the basis of traffic stops on safety and deprioritizing enforcement of minor traffic violations. Council should reaffirm its support for pretextual stop reform by endorsing SB 1389 and sending the attached letter of support to Senator Steven Bradford, Senator Nancy Skinner, and Assemblymember Buffy Wicks.
FINANCIAL IMPLICATIONS
None.
ENVIRONMENTAL SUSTAINABILITY
No impact.
CONTACT PERSON
Councilmember Rigel Robinson, (510) 981-7170
Angie Chen, Legislative Assistant
Attachments:
1: Letter of support
2: Bill text
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220SB1389 2 https://www.april-rural.org/2022/Coalition_Letter_on_Pretext_-_DOT_DOJ_02_22_2022.pdf
Support for SB 1389 CONSENT CALENDAR June 14, 2022
June 14, 2022
The Honorable Steven Bradford
California State Senate
State Capitol, Room 7210
Sacramento, CA 95814
RE: City of Berkeley’s Support for SB 1389
Dear Senator Steven Bradford,
The Berkeley City Council would like to convey our full support for Senate Bill 1389, which would reduce racially-biased pretextual traffic stops and unnecessary contact with law enforcement by prohibiting peace officers from enforcing specified low-level infractions.
The use of pretextual stops as an investigative tool is an invasive practice that too often opens the door for racial profiling and disparate use of force, without measurably improving public safety. Conducting stops for low-level traffic violations also takes valuable officer time away from addressing more serious offenses, including violent crime and moving violations that result in severe or fatal injuries on our streets. By preventing police officers from enforcing minor traffic infractions, SB 1389 would curtail the practice of pretextual stops and allow jurisdictions to focus on more critical issues in their communities.
As cities across California embark on the long journey of reimagining public safety and the role of policing, Berkeley thanks you for your statewide leadership in spearheading this important piece of legislation.
Sincerely,
The Berkeley City Council
CC: Senator Nancy Skinner
Assemblymember Buffy Wicks
FY 2023 and FY 2024
Proposed Budget
Public Hearing #2
Please refer to the following City Council meetings for this report material:
May 31, 2022 Regular Meeting Agenda Packet
Item 38: City Council Comments on the FY 2023 and FY 2024 Proposed Biennial Budget and Capital Improvement Program https://berkeleyca.gov/city-council-regular-meeting-eagenda-may-31-2022 May 24, 2022 Regular Meeting Agenda Packet
Item 17: Fiscal Years 2023 and 2024 Proposed Budget and Proposed Budget Public Hearing #1
https://berkeleyca.gov/city-council-regular-meeting-eagenda-may-24-2022 This material is also on file and available for review from the City Clerk Department, or can be accessed from the City’s website.
City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900
or from:
The City of Berkeley, City Council’s Web site
https://berkeleyca.gov/your-government/city-council/city-council-agendas
30
NOTICE OF PUBLIC HEARING
BERKELEY CITY COUNCIL
FY 2023 AND FY 2024 PROPOSED BUDGET PUBLIC HEARING #2
The City Manager’s Office is proposing a public hearing for the Fiscal Years 2023 and 2024 Proposed Budget, which is being presented to the City Council.
The hearing will be held on Tuesday, June 14, 2022 at 6:00 p.m. The hearing will be held via videoconference pursuant to Governor’s Executive Order N-29-20.
A copy of the agenda material for this hearing will be available on the City’s website at www.CityofBerkeley.info as of June 2, 2022. Once posted, the agenda for this meeting will include a link for public participation using Zoom video technology.
For further information, please contact Sharon Friedrichsen at (510) 981-7000.
Written comments should be mailed to the City Clerk, 2180 Milvia Street, Berkeley, CA 94704, or e-mailed to [email protected] in order to ensure delivery to all Councilmembers and inclusion in the agenda packet.
Communications to the Berkeley City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service.
If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk at (510) 981-6900 or [email protected] for further information. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the Notice for this Public Hearing 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 June 2, 2022.
__________________________________
Mark Numainville, City Clerk
Of
fice 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
SUPPLEMENTAL
AGENDA MATERIAL
for Supplemental Packet 2
Mee
ting Date: May 31, 2022
It
em Number: 38
It
em Description: City Council Comments on the FY 2023 and FY 2024 Proposed Biennial Budget and Capital Improvement Program
Subm
itted by: Dee Williams-Ridley, City Manager
The FY 2023 and 2024 Proposed Budget and Capital Improvement Program are attached.
31
PROPOSED BUDGET FISCAL YEARS 2023-2024
CITY OF BERKELEY
https://berkeleyca.gov/your-government/financial-information/city-budget
TABLE OF CONTENTS
Financial Summaries ............................................................................................................... 7 General Fund ......................................................................................................................... 16 Other Fund Forecasts ............................................................................................................ 29 Staffing .................................................................................................................................. 58 Department Budgets .............................................................................................................. 77 City Attorney’s Office ......................................................................................................... 78 City Auditor’s Office ........................................................................................................... 83 City Clerk Department ........................................................................................................ 91 City Manager’s Office ......................................................................................................... 99 Office of Economic Development ..................................................................................... 120 Finance ............................................................................................................................ 130 Fire Department ............................................................................................................... 140 Health, Housing and Community Services ....................................................................... 160 Human Resources ........................................................................................................... 183 Information Technology ................................................................................................... 196 Berkeley Public Library .................................................................................................... 215 Mayor and Council ........................................................................................................... 226 Planning ........................................................................................................................... 228 Police ............................................................................................................................... 249 Office of the Director of Police Accountability .................................................................. 260 Parks, Recreation and Waterfront .................................................................................... 265 Public Works .................................................................................................................... 282 Rent Stabilization Board .................................................................................................. 302 Non-Departmental (All City Funds) .................................................................................. 309 Community Agencies ........................................................................................................... 312 Funding Summary ............................................................................................................... 313 Capital Improvement Program ............................................................................................. 323 Appendix 1 – Performance Measures Detail ....................................................................... 329 Appendix 2 – Funding Requests .......................................................................................... 392
1 BUDGET BOOK GUIDE
The purpose of the City of Berkeley’s budget is to serve as a “blueprint” to communicate to the residents, businesses, and employees how the City’s financial sources are planned in order to provide services to the community. As such, it is considered a working financial plan for the upcoming two fiscal years to guide the implementation of City policies, priorities, and programs. The budget includes both the operating costs to manage the City and provide daily services to the community as well as the capital investments or improvement projects that the City plans to implement over the next two fiscal years. Please note, throughout this document, Fiscal Year (FY) denotes July through June, and 23 and 24 is referred to as FY 23 and 24 respectively.
Below is a brief description of each of the major sections of the budget book:
• Budget Message: The budget message contains the City Manager’s transmittal letter to the City Council that details the budget, including budget issues and policies that lead to the development of the budget. It also includes proposed strategies to balance the budget where revenues equal or exceed expenditures as well as recommended budget enhancement over the baseline budget.
• Financial Summaries: The financial summaries provide summary financial analyses and a summary of assumptions used in creating the Five-Year Forecasts. • General Fund: The General Fund section includes summaries of expenditures and revenues for the General Fund.
• Other Fund Forecasts: This section provides the financial forecasts for the City’s key non-General Fund operating funds.
• Staffing: This section includes detailed staffing information at the summary level, by department, and by funding source.
• Department Budgets: This section includes a department’s mission statement, organizational structure, overview of core services, strategic plan priorities for FY 23 and 24, challenges, accomplishments, and significant changes from the prior year’s budget. • Community Agencies: Summary of the community-based organization funding process and the adopted allocation schedule for FY 23. (FY 24 baseline includes similar funding levels, although the organizations to be funded remains unknown at this time.) • Capital Improvement Program (CIP): The CIP section consists of an overview of the CIP, funding sources, unfunded citywide capital infrastructure needs, and project categories. More detailed CIP information is available in the accompanying CIP book.
2 CITY OF BERKELEY
FY 2023 & 2024 PROPOSED BUDGET
ELECTED OFFICIALS
Mayor
Jesse Arreguín
Councilmembers
Rashi Kesarwani (District 1)
Terry Taplin (District 2)
Ben Bartlett (District 3)
Kate Harrison (District 4)
Sophie Hahn (District 5)
Susan Wengraf (District 6)
Rigel Robinson (District 7)
Lori Droste (District 8)
City Auditor
Jenny Wong
_____________________________________________________________________ City Manager
Dee Williams-Ridley
Deputy City Managers
Paul Buddenhagen
LaTanya Bellow
Prepared by:
The City Manager’s Office
Office of Budget and Fiscal Management
Sharon Friedrichsen, Budget Manager
Rama Murty, Senior Management Analyst
Maricar Dupaya, Senior Management Analyst
Michelle Rosete, Associate Management Analyst
Emelita Bersonda, Accounting Office Specialist III
Special thanks to Melissa McDonough, the Finance Department, Department Directors and their staff for their assistance and contributions in preparing this document.
3
4 MISSION
As City of Berkeley employees our mission is to provide quality service to our diverse community; promote an accessible, safe, healthy, environmentally sound and culturally rich city; initiate innovative solutions; embrace respectful, democratic participation; respond quickly and effectively to neighborhood and commercial concerns; and do so in a fiscally sound manner.
5 ORGANIZATION CHART
The people of Berkeley are the highest level in the City’s organization chart. They directly elect the Mayor and the eight other members of the City Council, the members of the Rent Board, the members of the School Board, and the City Auditor.
The nine members of the City Council (eight elected by district and the mayor, elected at- large) appoint the members of the Board of Library Trustees and the members of the City’s Boards and Commissions. Boards and Commissions serve as advisory bodies to the Council, although some have quasi-judicial functions. Berkeley Housing Authority members are appointed by the Mayor and confirmed by the Council.
The Mayor and Council select and confirm the City Manager, who acts as a Chief Executive Officer for the rest of the City government. The City Manager is responsible for the administration of City services and programs, enforcement of the City's Municipal Code and ordinances, and preparation of the annual budget. The Department directors are selected by the City Manager and confirmed by the City Council.
People of
Berkeley
Rent
Stabilization
Board
Mayor &
Council
City Attorney City Manager Boards and
Commissions
Board of
Library
Trustees
Library
Director of
Police
Accountability
Office of Police
Accountability
City Auditor
6 City Manager
Fire Police Deputy City
Manager
Health, Housing
& Community
Services
Parks,
Recreation &
Waterfront
Planning
Public Works
Deputy City
Manager
Budget & Fiscal
Management
City Clerk
Economic
Development
Finance
Human
Resources
Information
Technology
7 FINANCIAL SUMMARIES
This section provides charts and tables of the City’s budget. These summaries show the revenues and expenditures associated with the City’s different funding sources, such as the General Fund, Special Revenue Funds, Grants, Capital Funds, Debt Service, Enterprise Funds, Internal Service Funds and Agency Funds. The charts illustrate revenues by funding source and expenditures by department.
8 SUMMARY OF FY 2023 & FY 2024 PROPOSED BUDGET
BY FUNDING SOURCE
Adopted FY 2022 Proposed FY 2023 Proposed FY 2024
Fund Description Revenue(b) Expenses Revenue(b) Expenses Revenue(b) Expenses General Fund Discretionary* 236,066,707 234,754,491 263,409,219 247,131,978 245,077,313 249,539,772 Measure U1 5,120,350 6,446,014 5,120,350 6,784,542 5,120,350 6,816,963 GF - Stabilization Reserves 1,375,000 - 1,375,000 - 1,375,000 - GF - Catastrophic Reserves 1,125,000 - 1,125,000 - 1,125,000 -
Special Revenue Funds
Library - Tax (a) 21,776,603 25,037,858 23,909,768 24,433,766 24,386,523 24,695,785 Emergency Disabled Services (Measure E) 1,451,853 1,451,853 1,590,735 1,590,735 1,622,550 1,622,550 Paramedic Tax (a) 4,088,559 4,916,665 4,320,545 5,218,195 4,391,797 5,268,022 Playground Camp (a) 12,803,855 13,850,034 3,341,425 3,596,951 3,412,972 3,669,222 Gas/Sales Tax Street Improvement Funds
(a)
12,738,525 15,711,594 17,761,587 23,281,269 16,906,189 19,132,216 CDBG (a) 4,437,743 4,576,057 4,437,743 4,882,923 4,437,743 4,923,840 Rental Housing Safety (a) 1,783,780 2,230,164 1,783,780 1,902,671 1,783,780 2,033,208 Parks Tax 15,366,468 14,402,630 16,863,663 15,966,197 17,199,496 16,331,645 Measure GG - Fire Preparation Tax 5,605,637 4,897,270 5,823,036 5,276,233 5,938,576 5,310,949 Street Light Assessment District (a)
2,240,939
2,671,488
2,240,939
3,312,730
2,240,939
3,301,154
PERS Savings
2,151,632
-
2,151,632
-
2,151,632
-
Health State Aid Realignment (a)
3,703,018
3,806,205
3,703,018
3,961,045
3,703,018
4,003,539
Mental Health State Aid Realigment (a)
2,710,000
3,182,564
2,710,000
4,061,702
2,710,000
4,178,676
Measure FF - Public Safety
12,750,000
12,750,000
8,604,000
8,160,000
8,776,080
8,323,200
Other Special Revenue Funds (a)
4,992,327
7,989,848
5,189,081
12,737,376
5,204,081
12,556,892
Grant Funds (a) (c)
59,521,981
81,244,159
25,882,939
57,065,819
25,899,755
45,771,257
9 Adopted FY 2022 Proposed FY 2023 Proposed FY 2024
Fund Description Revenue(b) Expenses Revenue(b) Expenses Revenue(b) Expenses Capital Funds
Capital Improvement (a) 4,950,905
8,393,901
4,950,905
11,112,302
4,950,905 10,237,899
Phone System Replacement
449,408
449,408
449,408
449,408
449,408 449,408
FUND$ Replacement (a)
-
3,571,725
-
3,221,742
- 3,249,509
PEG Access Facilities (a)
-
100,000
-
100,000
- 100,000
Park Acquisition Development
192
-
192
-
192 -
Measure T1 - Infrastructure & Facilities (b)
-
12,816,854
-
17,858,315
- 18,527,703
Measure O - Affordable Housing (b)
-
6,445,567
-
6,445,567
- 6,445,567
Debt Service Funds (a)
7,537,556
9,804,404
7,537,556
9,804,404
7,537,556 9,804,404
Enterprise Funds
Zero Waste (a)
46,767,263
48,199,561
46,767,263
56,177,214
46,767,263 59,250,480
Marina Operation (a)
7,163,572
7,308,402
7,514,876
8,204,057
6,650,211 8,091,455
Sewer (a) 24,986,977
30,227,353
24,986,977
35,226,528
24,986,977 32,765,777
Private Sewer Lateral 240,501
193,658
240,501
172,628
240,501 183,821
Clean Storm Water (a)
3,991,967
4,899,517
4,419,311
7,173,690
4,551,890 5,458,692
Permit Service Center (a)
14,997,428
20,692,553
20,746,600
21,676,546
19,709,270 22,075,108
Unified Program - Toxics
964,450
821,845
964,450
877,919
964,450 885,692
Off Street Parking (a)
6,165,769
6,551,006
4,124,985
6,790,627
5,091,895 6,939,757
Parking Meter (a)
8,974,259
10,006,409
12,052,490
10,557,178
9,712,789
10,398,188
10 Adopted FY 2022 Proposed FY 2023 Proposed FY 2024
Fund Description Revenue(b) Expenses Revenue(b) Expenses Revenue(b) Expenses Building Management (1947 Center St.) (a)
2,969,817
3,434,440
2,969,817
3,832,731
2,969,817
3,889,708
Internal Service Funds
Equipment Replacement (a)
4,754,926
5,906,134
4,754,926
6,676,989
4,754,926
6,473,770
Equipment Maintenance (a)
6,461,013
9,812,320
6,461,013
9,573,258
6,461,013
9,527,237
Building Maintenance (a)
3,821,039
4,463,546
3,821,039
4,798,308
3,821,039
4,815,297
Central Services (a)
225,000
385,483
225,000
391,386
225,000
394,486
Workers Compensation
9,046,720
6,593,924
9,046,720
6,440,039
9,046,720
6,469,976
Public Liability
3,895,888
3,843,932
3,895,888
3,797,298
3,895,888
3,811,342
IT Cost Allocation (a)
14,806,185
14,673,515
14,806,185
16,610,868
14,806,185
16,795,282
Successor Agency
-
57,120
-
57,120
- 57,120
Agency Funds
Thousand Oaks Undergrounding
-
98,448
-
98,448
- 98,448
Measure H - School Tax 500,000
500,000
500,000
500,000
500,000
500,000
CFD No. 1 Disaster Fire Protection
2,048,940
2,048,940
2,048,940
1,362,705
2,048,940
573,905
CFD No. 1 Mello-Roos
-
2,823,820
-
2,824,802
-
2,825,468
Berkeley Tourism Business Improvement Dist.
181,125
181,125
181,125
181,125
181,125
181,125
Elmwood Business Improvement District
30,000
30,000
30,000
30,000
30,000 30,000
Solano Avenue Business Improvement District
25,000
25,000
25,000
25,000
25,000 25,000
Telegraph Business Improvement District
523,371
523,371
583,315
583,315
583,315
583,315
11 Adopted FY 2022 Proposed FY 2023 Proposed FY 2024
Fund Description Revenue(b) Expenses Revenue(b) Expenses Revenue(b) Expenses North Shattuck Business Improvement District
210,363
210,363
210,363
210,363
210,363
210,363
Downtown Berkeley Property & Improvement Dist
1,313,214
1,313,214
1,383,139
1,383,139
1,383,139
1,383,139
Rent Stabilization Board (a) (d)
5,390,000
6,275,535
5,390,000
6,433,192
5,390,000
6,576,889
Revenue & Expenditure Totals: 595,202,825 673,601,287 592,431,444 691,022,346 571,408,571 677,564,222
Notes:
*FY 2023 & FY 2024 General Fund numbers do include proposed Tier 1 funding recommendations (a) Revenues do not reflect use of fund balances which are added to balance revenues with appropriations.
(b) Revenues for Bond Projects collected in prior fiscal years. (c) FY 23 & FY 24 grant revenues and expenditures will be adjusted to match once award amounts are known. (d) Library and Rent Board figures for FY 23 & FY 24 are unofficial and have not been approved yet by the Board of Library Trustees or the Rent Stabilization Board
12 General Fund,
523,727,232 , 45%
Special Revenue,
209,296,328 , 18%
Grant Funds,
51,782,694 , 5%
Capital Funds,
10,801,010 , 1%
Debt Service,
15,075,112 , 1%
Enterprise Funds,
246,432,333 , 21%
Internal Service,
86,021,542 , 7%
Agency Funds,
9,923,764 , 1% Rent Board, 10,780,000
, 1%
Revenue by Funding Source
FY 2023 & FY 2024
Biennial Budget
$1,163,840,015 (Two-Year Total)
(Excludes the Use of Fund Balance)
13 SUMMARY OF EXPENDITURES BY DEPARTMENT – ALL FUNDS
FY 2019
Actual
FY 2020
Actual
FY 2021
Actual
FY 2022
Adopted
FY 2023
Proposed
FY 2024
Proposed
Mayor & Council 2,081,536 2,525,920 2,708,844 3,096,559 4,025,131 4,074,793 Auditor 2,416,689 2,527,125 2,526,081 2,805,883 3,101,376 3,124,862 Police Review Commission(a) 741,202 775,701 741,700
Office of the Director of Police Accountability 1,114,235 1,166,136 1,174,826 City Manager 7,622,595 8,104,984 8,432,572 8,770,554 9,311,361 9,516,504 Office of Economic
Development 6,321,216 8,951,152 4,966,525 5,082,163 5,826,659 5,822,709 Information Technology 13,239,636 15,495,905 16,552,132 20,423,888 21,838,747 22,047,255 City Attorney 5,333,550 4,555,976 6,216,367 7,278,096 7,807,548 7,876,621 City Clerk 2,643,486 2,069,740 3,194,204 2,901,739 3,195,710 3,261,746 Finance 7,226,820 8,362,334 8,146,012 9,431,102 10,834,401 11,006,007 Human Resources 3,939,247 3,924,687 4,078,091 4,438,053 5,072,123 5,178,116 Health, Housing & Community
Services 50,027,411 60,608,060 81,811,330 84,514,926 93,368,105 92,280,363 Police 69,567,103 79,762,713 79,395,632 77,807,443 85,597,767 87,184,737 Fire 42,992,558 48,213,947 49,891,701 60,351,430 63,233,225 63,307,034 Public Works 111,937,507 140,021,855 125,907,423 147,438,656 192,703,345 180,181,492 Parks, Recreation & Waterfront 31,595,977 43,593,445 60,795,051 52,979,556 50,228,611 51,432,870 Planning 18,325,495 21,595,429 21,687,691 25,252,729 27,009,121 27,527,930 Library 18,720,976 18,865,464 20,255,244 25,566,341 24,814,123 25,075,346 Rent Board 5,109,453 5,755,222 5,517,190 6,825,535 6,983,192 7,126,889
14 FY 2019
Actual
FY 2020
Actual
FY 2021
Actual
FY 2022
Adopted
FY 2023
Proposed
FY 2024
Proposed
Non-Departmental(b) 84,752,912 56,913,626 79,186,118 127,522,399 74,905,663 70,364,121 Total All Funds 484,595,369 532,623,287 582,009,906 673,601,287 691,022,345 677,564,222
Notes:
*FY 2023 & FY 2024 General Fund numbers do include proposed Tier 1 funding recommendations (a) Police Review Commission has become the Office of the Director of Police Accountability in FY 22 (b) Non-Departmental consists of operational overhead costs such as Property Insurance and School Board Salaries, General Fund allocation for Community Based Organizations, Workers' Compensation costs, Debt Service, and Interfund Transfers.
15 General Government,
133,613,265 , 10% Economic
Development,
11,649,368 , 1%
Health, Housing &
Community Svcs.,
185,648,468 , 13%
Police,
172,782,504 , 13%
Fire, 126,540,259 , 9%
Public Works,
372,884,837 , 27%
Parks, Recreation &
Waterfront,
101,661,481 , 7%
Planning, 54,537,051 ,
4%
Library, 49,889,470 , 4%
Rent Board,
14,110,081 , 1% Non-Departmental,
145,269,784 , 11%
All Funds Expenditures by Department
FY 2023 & FY 2024 Biennial Budget
$1,368,586,567 (Two-Year Total)
16 General
Government
15%
Economic
Development
1%
Health, Housing &
Community Services
10%
Police
33%
Fire
17%
Public Works
2%
Parks Recreation &
Waterfront
4%
Planning
1%
Non-Departmental
17%
General Fund Expenditures by Department
FY 2023 & FY 2024 Proposed Biennial Budget
$496,671,750 (Two-Year Total)
GENERAL FUND
The primary fund of the City, the General Fund, is used to account for all revenues and expenditures not legally restricted as to use. The General Fund includes general purpose revenues from business licenses, property, sales and transient occupancy taxes and other discretionary revenues. These revenues are considered discretionary (i.e. there is no restriction in their use by federal, state or local legislation) and may be spent on a variety of City services, program and projects at the discretion of the City Council. This section describes what the different City departments’ share of the General Fund looks like, the diverse types of revenue that go into the General Fund, and the five-year forecast of General Fund revenue.
17 SUMMARY OF EXPENDITURES BY DEPARTMENT – GENERAL FUND FY 2019
Actual
FY 2020
Actual
FY 2021
Actual
FY 2022
Adopted
FY 2023
Proposed
FY 2024
Proposed
Mayor & Council 2,081,536 2,525,920 2,708,844 3,096,559 4,025,131 4,074,793 Auditor 2,266,839 2,432,086 2,467,028 2,705,379 3,006,058 3,026,481 Police Review Commission 741,202 775,701 741,700
Office of the Director of Police
Accountability
1,114,235 1,166,136 1,174,826
City Manager 7,071,344 7,573,988 7,872,856 8,377,168 8,899,604 9,101,074 Office of Economic Development 2,820,609 5,855,850 2,488,081 2,535,186 3,011,403 3,015,427 Information Technology 1,525,916 1,396,627 1,330,730 1,526,760 1,526,760 1,526,760 City Attorney 2,181,489 2,217,772 2,762,048 3,434,164 4,010,250 4,065,279 City Clerk 2,643,486 2,069,740 2,832,552 2,396,737 2,684,842 2,747,927 Finance 5,474,314 6,596,629 6,682,935 7,041,962 8,431,482 8,550,063 Human Resources 2,045,393 2,270,953 2,318,029 2,407,724 3,112,412 3,166,581 Health, Housing & Community
Services
19,186,176 27,809,295 25,566,360 23,455,690 25,265,310 25,429,537 Police 65,493,664 75,754,210 77,270,053 73,228,172 80,870,183 82,371,991 Fire 34,172,733 38,848,003 38,988,843 37,021,939 41,626,945 42,159,998 Public Works 4,691,231 4,729,001 5,499,277 4,742,625 5,993,903 5,886,935 Parks, Recreation & Waterfront 5,943,167 6,987,179 7,304,226 7,675,564 9,061,484 9,290,044 Planning 1,885,755 2,540,320 2,567,473 2,325,367 3,209,174 3,212,698 Rent Board 265,419
Non-Departmental 51,972,083 27,414,646 29,995,640 51,669,260 41,230,901 40,739,358 TOTAL $212,462,355 $217,797,922 $219,396,675 $234,754,491 $247,131,978 $249,539,772
18 FY 2023 & FY 2024 PROPOSED GENERAL FUND REVENUES SUMMARY Actual
Revenues
FY 2019
Actual
Revenues
FY 2020
Actual
Revenues
FY 2021
Adopted
FY 2022
Proposed
FY 2023
Proposed
FY 2024
Secured Property $59,178,773 $63,192,678 $68,166,155 $71,382,000 $75,664,920 $78,691,517 Unsecured Property 2,878,275 3,164,168 3,448,412 2,625,000 3,516,000 3,516,000 Supplemental Taxes 2,174, 903 2,334,597 2,249,517 2,000,000 2,000,000 2,000,000 Property Transfer Tax 19,952, 981 22,095,507 21,469,955 12,500,000 12,500,000 12,500,000 Property Transfer Tax for
Capital Improvements 8,500,000 16,462,172 16,462,172 Property Transfer Tax -
Measure P 2,932,313 9,512,603 10,919,576 8,500,000 14,073,750 14,073,750 Sales Tax 18,663, 550 17,557,539 15,792,305 18,287,215 19,016,546 19,790,997 Soda Tax 1,547, 349 1,331,313 953,069 990,210 990,210 990,210 Business License 19,848, 803 20,863,685 17,809,332 18,498,146 19,000,000 19,000,000 Business License - Cannabis
Recreation 1,168,794 1,300,887 1,712,641 1,643,739 1,400,000 1,400,000 Measure U1 4,828, 443 5,597,359 4,818,740 5,120,350 4,900,000 4,900,000 Utility Users Tax 13,973, 744 13,475,915 13,892,200 13,000,000 13,800,000 13,800,000 Hotel Tax 7,995, 188 6,387,495 2,292,480 2,173,500 4,900,000 4,900,000 Vehicle In-Lieu 12, 540,784 13,356,044 14,380,453 14,959,837 15,926,168 16,563,215 Parking Fines 6,002, 211 3,900,595 3,562,706 3,726,450 4,326,450 4,326,450 Moving Violations 177,824 200, 894 131,756 132,600 132,600 132,600 Interest 4,334, 404 6,702,564 5,917,722 4,462,320 6,000,000 6,000,000 Ambulance Fees 4, 424,808 4,996,193 3,081,204 3,154,002 3,880,779 3,880,779
19 Real & Unsecured
Property, $165,388,437
, 33%
Property
Transfer Tax,
57,924,344, 11%
Property Transfer Tax
- Measure P,
28,147,500, 6%
Sales & Soda Taxes,
40,787,963, 8%
Business License,
38,000,000, 7%
Business License - Cannabis
Recreation, 2,800,000, 1%
Measure U1,
9,800,000, 2%
Utility Users Tax,
27,600,000, 5%
Hotel Tax , 9,800,000,
2%
Auto License Fees,
32,489,383, 6%
Parking & Moving Violations,
8,918,100, 2%
Ambulance & Franchise
Fees, 10,988,124, 2%
Transfers, 31,739,846,
6% Other, 44,102,835, 9%
FY 2023 & FY 2024 Proposed General Fund Revenues Summary Actual
Revenues
FY 2019
Actual
Revenues
FY 2020
Actual
Revenues
FY 2021
Adopted
FY 2022
Proposed
FY 2023
Proposed
FY 2024
Franchise Fees 1,821, 316 1,839,102 1,726,470 1,613,283 1,613,283 1,613,283 Other Revenue 18,662, 025 20,074,732 18,522,747 15,443,132 15,951,418 16,151,417 Transfers 5,356, 132 5,480,439 21,180,762 27,354,923 27,354,923 4,384,923 TOTAL $208,462,620 $223,364,309 $232,028,202 $236,066,707 $263,409,219 $245,077,313
20 GENERAL FUND REVENUE S
The following chart shows projected General Fund revenues for FY 22 and the current projections for FY 23 through FY 26. 5 YEARS PROJECTED GENERAL FUND REVENUES
FY 2022
Adopted
FY 2022
Projected
FY 2023
Projected
FY 2024
Projected
FY 2025
Projected
FY 2026
Projected
Undesignated Revenues
Secured Property Taxes 71,382,000 71,382,000 75,664,920 78,691,517 83,019,550 87,585,625 Supplemental Taxes 2,000,000 2,000,000 2,000,000 2,000,000 2,110,000 2,226,050 Unsecured Property Taxes 2,625,000 3,637,247 3,516,000 3,516,000 3,709,380 3,913,396 Property Transfer Taxes 12,500,000 12,500,000 12,500,000 12,500,000 12,500,000 12,500,000 Property Transfer Tax – Measure P 8,500,000 20,054,687 14,073,750 14,073,750 14,355,225 14,642,329 Sales Tax 18,287,215 17,686,255 19,016,546 19,790,997 20,186,817 20,590,553 Soda Tax 990,210 990,210 990,210 990,210 1,010,014 1,030,214 Utility Users Taxes 13,000,000 13,800,000 13,800,000 13,800,000 14,076,000 14,357,520 Transient Occupancy Taxes (TOT) 2,173,5004 4,200,000 5,000,000 5,200,000 5,304,000 5,410,080 Short-term Rentals 630,000 1,000,000 1,000,000 1,000,000 1,020,000 1,040,000 Business License Taxes 18,498,146 19,000,000 19,000,000 19,000,000 19,380,000 19,767,600 Recreational Cannabis 1,643,739 1,400,000 1,400,000 1,400,000 1,428,000 1,456,560 Measure U1 5,120,350 4,900,000 4,900,000 4,900,000 4,998,000 5,097,960 Other Taxes 2,593,155 2,631,441 2,631,441 2,631,441 2,684,070 2,737,751 Vehicle In Lieu Taxes 14,959,837 15,024,697 15,926,168 16,563,215 17,474,192 18,435,272 Parking Fines – Regular Collections 3,726,450 4,326,450 4,326,450 4,326,450 4,412,979 4,501,239 Parking Fines – Booting Collections - - - - - -
Moving Violations 132,600 132,600 132,600 132,600 135,252 137,957 Ambulance Fees 3,154,002 3,268,275 3,880,779 3,880,779 3,958,395 4,037,562 Interest Income 4,462,320 5,766,586 6,000,000 6,000,000 6,120,000 6,242,400 Franchise Fees 1,613,283 1,613,283 1,613,283 1,613,283 1,645,549 1,678,460 Other Revenues 6,729,977 6,729,977 6,729,977 6,729,977 6,864,577 7,001,868 Indirect cost reimbursements 5,490,000 5,490,000 5,490,000 5,490,000 5,599,800 5,711,796 Transfers 27,354,923 27,354,923 27,354,923 4,384,923 4,472,621 4,562,074 Total Undesignated Revenues 227,566,707 244,888,631 246,947,047 228,615,141 236,464,420 244,664,667 Designated Revenues
Prop. Transfer Taxes for capital
improvements
8,500,000 27,396,465 16,462,172 16,462,172 17,041,415 17,632,244 Total Designated Revenues 8,500,000 27,396,465 16,462,172 16,462,172 17,041,415 17,632,244 TOTAL REVENUES & TRANSFERS 236,066,707 272,285,096 263,409,219 245,077,313 253,505,835 262,296,911
21 SECURED PROPERTY TAX ($2,058,646 MORE TH AN FY 21 ACTUAL) During the nine months of FY 22, Secured Property Tax revenues totaled $46,074,107, which was $2,058,646 or 4.68% more than the $44,015,461 received for the same period in FY 21. The FY 22 Adopted Budget assumes a 4.72% increase for the year, while the County’s Certification of Assessed Valuation reflects growth of 4.48%.
UNSECURED PROPERTY T AX ($145,169 MORE TH AN FY 21 ACTUAL) During the nine months of FY 22, Unsecured Property Tax revenues totaled $3,637,247, which was $145,169 or 4.16% more than the $3,492,078 in the same period in FY 21. The FY 22 Adopted Budget reflected a decline of 31.4%, while the County’s Certification of Assessed Valuation reflected growth of 1.96% for FY 22. Staff increased the FY 22 Unsecured Property Tax revenue projection to $3,637,247.
PROPERTY TRANSFER TAX ($16,203,005 MORE THAN FY 21 AC TUAL) During the nine months of FY 22, Property Transfer Tax totaled $32,558,537, which was $16,203,005 or 99.1% more than the $16,355,532 received for the same period of FY 21. However, $3,384,375 of that increase resulted from the late payment by the County of the May 2021 Property Transfer Taxes, which should have been received in FY 21. Staff increased the FY 22 projection of $21,000,000 to $39,896,465. However, please note the decline in the growth rate of Property Transfer Tax sales transactions in the third quarter of FY 22 in Table 2, which may be the first sign of a slowdown in the real estate market.
The primary reasons for the remaining $12,818,630 ($16,203,005-$3,384,375) increase in Property Transfer Tax were (1) The dollar value of property sales increased by $903.5 million or 84.3% during the nine months of FY 22, as illustrated in Table 1 below; (2) The number of property sales transactions increased by 134 or 18.9% during the nine months of FY 22, as illustrated in Table 2 below; and (3) Seismic rebates increased from $524,200 in the nine months of FY 21 to $773,216 for the same period in FY 22.
22 Table 1 In Million $
Property Sales
Under $1.5 million July Aug Sept Oct Nov Dec
Subtotal
Property
Sales $
FY 2022 $179.7 $194.3 $209.9 204.5 252.9 200.2 $1,241.5 FY 2021 74,0 115.0 106.4 129.7 139.0 118.4 682.5 Change 105.7 79.3 103.5 74.8 113.9 81.8 559.0 % Change 142.7% 69.0% 97.3% 57.7% 81.9% 69.1% 81.9%
Property Sales Under
$1.5 million Jan Feb Mar Apr May June
Nine-
Month
Property
Sales $
FY 2022 $302.6 $284.2 $147.5 $1,975.8
FY 2021 111.1 187.0 91.7 1,072.3
Change 191.5 97.2 55.8 903.5
% Change 172.4% 52.0% 60.9% 84.3%
Table 2
MEASURE P- PROPERTY TRANSFER TAX ($7,883, 771 MORE THAN FY 21
ACTUAL)
In addition, $14,670,038 in Measure P taxes (a tax which took effect on December 21, 2018) were collected during the nine months of FY 22, which was $7,883,771 or 116.2% more than the $6,786,267 collected during the same period of FY 21. The increase was a result of (1) 116.4% increase in the property sales amount in the nine months of FY 22 versus those for the same period Property Transfer
Transactions Jul Aug Sept Oct Nov Dec Subtotal
FY 2022 114 84 74 104 120 116 612
FY 2021 50 82 73 86 93 87 471
Change 64 2 1 18 27 29 141
% Change 128.0% 2.4% 1.4% 20.9% 29.0% 33.3% 29.9%
Property Transfer
Transactions Jan Feb Mar Apr May Jun
Nine-
Month
Total
FY 2022 62 65 105 844
FY 2021 53 74 112 710
Change 9 (9) (7) 134
% Change 17.0% (12.2)% (6.3)% 18.9%
23 in FY 21, as reflected in the Table 3 below; (2) As reflected in Table 4, there was an 73.6% increase in the number of property sales transactions with a value of $1.5 million or more; and (3) there were 10 property sales transactions with a value of $10 million or more (average of $19.7 million) in FY 22 versus one such transaction in FY 21 ($12 million).
Staff increased the FY 22 projection of $8,500,000 to $20,054,687. However, please note the decline in the growth rate of Measure P property sales transactions in the third quarter of FY 22 in Table 4, which may be the first sign of a slowdown in the real estate market.
Table 3
Table 4
Property Sales
$1.5 million+ Jul Aug Sept Oct Nov Dec Total
FY 2022 $117.7 $128.5 $147.9 $145.5 $190.7 $134.0 $864.3 FY 2021 39.3 61.0 58.6 67.8 82.9 115.8 425.4
Change 78.4 65.8 89.3 77.7 107.8 18.2 438.9
% Change 199.8% 107.9% 152.4% 114.6% 130.0% 15.7% 103.2% Property Sales
$1.5 million+ Jan Feb Mar Apr May June Total
FY 2022 $234.7 $253.7 $115.9 1,468.6
FY 2021 55.2 149.3 48.7 678.6
Change 179.5 104.4 67.2 790.0
% Change 325.2% 69.9% 138.0% 116.4%
Measure P
Transactions Jul Aug Sept Oct Nov Dec Subtotal
FY 2022 53 42 49 44 59 51 298
FY 2021 10 26 27 30 38 28 159
Change 43 16 22 14 21 23 139
% Change 430.0% 61.5% 81.5% 46.7% 55.3% 82.1% 87.4%
Measure P
Transactions Jan Feb Mar Apr May Jun
Nine-
Month
Total
FY 2022 27 29 47 401
FY 2021 6 27 39 231
Change 21 2 8 170
% Change 350.0% 7.4% 20.5% 73.6%
24 SALES TAX ($1,787,555 MORE THAN FY 21 ACTUAL)
For the nine months of FY 22, Sales Tax revenue totaled $13,885,146, which was $1,787,555 or
14.8% more than the $12,097,591 received for the same period of FY 21. The increase was consistent with the following revised projection made by the City’s Sales Tax Consultant:
Sales Tax Category Revenue Projection
General Retail $ 4,073,099
Food Products 4,698,212
Transportation 2,305,303
Construction 1,543,840
Business-to-business 1,564,308
Miscellaneous 607,268
Subtotal 14,792,030
County pool 3,960,607
State pool 2,378
County sharing (937,751) 1
CDTFA adm. (131,009) 2
Total $17,686,255
Staff decreased the FY 22 Sales Tax revenue projection to $17,686,255, from $18,287,215.
UTILITY USERS TAXES ($461,598 MORE THAN FY 21 ACTUAL)
Utility Users Tax (UUT) revenue for the nine months of FY 22 totaled $10,835,311, which was $461,598 or 4.45% more than the $10,373,713 received for the same period in FY 21. This increase of $461,598 resulted from the following:
FY 22 Actual Nine Month Revenues and FY 21 Actual Nine Month Revenues FY2022 FY 2021 $ Change % Change
Telephone $ 1,020,843 $ 1,111,712 $ -90,869 -8.17% Cable 782,504 740,462 42,042 5.68% Cellular 1,125,805 1,132,378 - 6,573 -.58% Electric 5,531,038 5,394,468 136,570 2.53% Gas 2,375,122 1,994,693 380,429 19.07%
Total $ 10,835,311 $10,373,713 $461,598 4.45%
Staff increased the FY 22 UUT projection from $13,000,000 to $13,800,000.
1The Cities in Alameda County share 5% of their Bradley Burns sales taxes with the County. 2The California Department of Tax and Fee Administration (CDTFA) administrative fees are a percentage of taxes CDTFA charges to administer the sales tax program.
25 TRANSIENT OCCUPANCY TAX ($2,037,957 MORE THAN FY 21 ACTUAL) Transient Occupancy Tax (TOT) revenue for the nine of FY 22 totaled $3,588,199, which was $2,037,957 or 131.5% more than the $1,550,242 received for the same period of FY 21. The increase in FY 22 was primarily attributable to an increase of 133.8% at the five largest hotels in Berkeley during the nine months of FY 22 (155.8% in the first quarter, 134.1% in the second quarter and 124.2% in the third quarter). Staff increased the FY 22 TOT projection from $2,173,000 to $4,200,000.
SHORT -TERM RENTALS ($519,408 MORE THAN F Y 21 ACTUAL)
Short-Term Rentals revenue for the nine of FY 22 totaled $886,762 which was $519,408 or 141.4% more than the $367,359 received for the same period of FY 21. Based on the nine-month results, staff increased the FY 22 projection from $630,000 to $1,000,000.
BUSINESS LICENSE TAXES ($2,229,714 LESS THAN FY 21 ACTUAL) Business license Taxes (BLT) revenue for the nine months of FY 22 totaled $11,267,370, which was $2,229,714 or 16.5% less than the $13,497,084 received for the same period of FY 21. This decline results from the timing of the processing and recording of the BLT remittances in the nine months of FY 22 versus the same period of FY 21. The FY 22 year-end total will exceed the $18,498,146 reflected in the Adopted Budget, and staff increased the projection to $19,000,000.
MEASURE U1 REVENUES ($1,174,978 LESS THA N FY 21 ACTUAL) Measure U1 revenue for the nine months of FY 22 totaled $2,719,252, which was $1,174,978 or
30.2% less than the $3,894,230 received in the same period of FY 21. This decline results from the timing of the processing and recording of the U1 remittances in the nine months of FY 22 versus the same period of FY 21. The FY 22 year-end total will come in under the $5,120,350 reflected in the Adopted Budget. Staff has lowered the projection to $4,900,000.
VEHICLE IN LIEU TAXES ($312,775 MORE THA N FY 21 AC TUAL) Vehicle in Lieu Taxes (VLF) for the nine months of FY 22 totaled $7,503,002, which was $312,775 or
4.4% more than the $7,190,227 received in the same period of FY 21. This increase is consistent with the County’s Certification of Assessed Valuation, which reflects growth of 4.48%. Changes in VLF revenues are based on the growth in assessed values.
PARKING FINES ($1,133,986 MORE THAN FY 21 ACTUAL)
Parking Fines revenue for the nine months of FY 22 totaled $3,855,090, which was $1,133,986 or
41.7% more than the $2,721,104 received for the same period of FY 21. The primary reasons for the increase were a significant increase in ticket writing and a higher collection rate on outstanding citations.
26 During the nine months of FY 22, ticket writing increased from 84,711 or 11.2% in the nine months of FY 21 to 94,165 in the nine months of FY 22, as follows:
July August Sept. Oct Nov Dec Subtotal
FY 2022 9,231 9,362 11,401 11,021 10,434 10,154 61,603 FY 2021 6,810 7,654 9,093 12,519 10,357 9,301 55,734 Difference +2,421 +1,708 +2,308 -1,498 77 853 +5,869 % Difference +35.6% +22.3% +25.4% -12.0% -.7% 9.2% +10.5%
Jan Feb Mar Apr May Jun
Nine-
Month
Total
FY 2022 9,015 11,136 12,411 94,165
FY 2021 9,197 9,736 10,044 84,711
Difference -182 +1,400 +2,367 +9,454
% Difference +9.8% +14.4% +23.6% +11.2%
Staff has increased the Parking Fines projection from $3,726,450 to $4,326,450.
AMBULANCE FEES ($518,777 MORE THAN FY 21 ACTUAL)
Ambulance Fees revenue for the nine months of FY 22 totaled $2,736,858, which was $518,777 or
23.4% more than the $2,218,081 received for the same period during FY 21. This increase was primarily due to an increase in the number of transports in FY 22. The City’s Ambulance Fees vendor projects that the total number of transports for FY 22 will be 4,500, an increase of 400 over the 4,100 transports in FY 21.
INTEREST INCOME ($1, 108,230 MORE THAN FY 21 ACTUAL)
For the nine months of FY 22, interest income totaled $4,800,122, which was $1,108,230 or 30.0% more than the total of $3,691,892 received for the same period in FY 21. This increase was primarily attributable to an increase in the proportion of the portfolio that was invested in long-term (i.e., one year or more) securities than in short-term securities (i.e., less than one year, which paid rates ranging from .01%-.25%), despite the decline in average interest rates. The City moved a significant portion of its short-term funds from its Fidelity money market fund, that paid a rate of .01% into other short-term alternatives, like Commercial Paper.
This increase of $1,108,230 occurred despite the Fed’s actions to keep short-term rates near zero, and the net interest rate earned by the City dropped from a range of .86%-1.17% during the nine months of FY 21, to a range of .91%-1.08% during the first half of FY 22, as follows:
27 MONTHLY NET INTEREST RATE EARNED
Jul Aug Sept Oct Nov Dec Jan Feb Mar
FY 2022 .91% 1.03% 1.06% 1.08% 1.02% .96% .94% .95% 1.00% FY 2021 1.17% 1.13% 1.14% 1.12% 1.16% 1.14% 1.02% .94% .86%
TRANSFERS ($7,218,270 MORE THAN FY 21 AC TUAL)
Transfers from other funds for the nine months of FY 22 totaled $20,516,193 which was $7,218,270 or 54.3% more than the $13,297,923 received for the same period in FY 21. This was primarily attributable to the Transfer of $17,227,017 from the American Rescue Plan Fund in the nine months of FY 22, to recover from the impact of the COVID-19 pandemic, compared to the Transfer of $5,175,000 from the Stabilization Reserve Fund and the $3,375,000 from the Catastrophic Reserve Fund during the nine months of FY 21, to mitigate the negative impact of COVID-19. In addition, there was a one-time Shelter Plus Care County grant of $1,600,000 received during the first half of FY 21.
OTHER REVENUES ($2,314,752 LESS THAN FY 21 ACTUAL)
Other Revenues consists of licenses and permits; grants; preferential parking fees; general government charges for services; public safety charges for services; health charges for services; culture and recreation charges for services; rents and royalties; and other miscellaneous revenues that are not considered major.
Other Revenues for the nine months of FY 22 totaled $5,585,280 which was $2,314,752 or 29.3% less than the $7,900,032 received for the same period of FY 21. This decrease resulted primarily from the FY 21 receipt of $1,500,000 from the COVID Relief Program, and $704,000 from the East Bay Community Foundation for the Berkeley Relief Fund, to finance grant payments to assist businesses and nonprofit organizations impacted by the COVID-19 pandemic.
CONCLUSION
In order to provide the most accurate projections possible, staff have incorporated three additional months of FY 22 actual revenues and new information regarding leading economic indicators into its forecast. However, future economic conditions remain difficult to predict and changes could substantially impact future revenues.
While most of the public health mandates regarding social distancing and vaccination requirements in public spaces have expired, virus mutation and community spread across large portions of the state continues, and future restrictions affecting local economic activity and the national economy as a whole remain a possibility.
Also, the risk of inflationary effects on the economy has become more acute since staff’s mid-year projections. Consumer prices are rising at the fastest rates since the early 1980s. In response, the Federal Reserve Board has raised interest rates by the largest amount for a single increase in 20 years. It remains to be seen whether this is a temporary spike in prices or a longer-term
28 phenomenon. The influx of stimulus funds into the economy and the effects of the Russian invasion of Ukraine on energy prices are at least partially driving overall inflation. Absent additional federal legislation, the impact of federal stimulus will likely recede fairly quickly, but the availability of Russian oil and gas in the global market and the long-term impacts of its absence are difficult to predict at this time. Also, regardless of the proximate causes, inflation can become difficult to control, as rising consumer prices and wages begin to reinforce one another. If the Fed’s responding interest rate increases are too tame, the inflationary spiral might continue unabated, and if too aggressive, could send the economy into a recession. The Fed’s will have to try and balance its response so as not to tilt the balance either way.
Staff will continue to monitor the economic environment and update revenue projections as new information becomes available.
29 OTHER FUND FORECASTS
This section summarizes other essential operating funds in the City, besides the General Fund. The following pages contain forecasts for the:
• Parks Tax Fund,
• Library Tax Fund,
• Camps Fund,
• Clean Storm Water Fund,
• Street Light Assessment District Fund,
• Permit Service Center Fund,
• Zero Waste Fund,
• Sanitary Sewer Fund,
• Off Street Parking Fund,
• Parking Meter Fund, and
• Marina Fund.
INTRODUCTION
This section contains financial forecasts for eleven of the City’s key operating funds, which can be described in these broad categories:
• Special Revenue/Grant Funds are revenue sources legally restricted to a specific purpose, service or program and include tax-based revenues. The City’s Special Revenue/Grant Funds are the:
o Parks Tax Fund,
o Library Tax Fund, and
o Camps Fund.
• Special Assessment Funds account for revenues and expenditures related to the financing of public improvements or services. The City’s Special Assessment Funds are the:
o Clean Storm Water Fund and
o Streetlight Assessment District Fund.
• Enterprise Funds are used to support the expenditures of a specific service or program and revenue is derived through the collection of the fees associated with providing the service/program. The City’s Enterprise Funds are the:
o Permit Service Center Fund,
o Zero Waste Fund,
o Sanitary Sewer Fund,
o Off-Street Parking Fund,
o Parking Meter Fund, and
o Marina Enterprise Fund.
A number of these funds face shortfalls and require balancing measures to close these gaps.
Revenue growth is limited by statutory “caps” on certain funds, specifically, the Clean Storm
30 Water and the Streetlight Assessment funds since revenues have been essentially frozen since the passage of Proposition 218. Several “special tax” revenue funds are limited in terms of revenue growth to the either the higher of the rate of inflation (i.e. Bay Area Consumer Price Index (CPI) or the Per Capita Personal Income Growth (PIG). For FY 23, the PIG increase of 7.55% was higher than the CPI increase of 4.99% and was used for all of the tax rate increases except for the Paramedic Tax, which is tied to the CPI. The City has no discretion in increasing revenues in these funds without voter approval. The impacts of the economy on some of these enterprise funds have caused significant revenue losses in the past. Nonetheless, expenditures within these funds have increased as a result of many of the same factors that impact the General Fund (e.g., salary cost-of-living increases, health benefit costs and retirement costs).
CAMPS FUND
The Playground Camps Fund is a special revenue fund established to account for the revenue and expenses to operate and maintain the City’s resident camps and day camp, including Berkeley Tuolumne Camp (BTC), Echo Lake Camp, Cazadero Camp and Berkeley Day Camp. Revenues from these camps are expected to cover their operations, maintenance and capital costs, as well as scholarships for camp participants.
ANALYSIS OF CAMPS FUND
Since the Berkeley Tuolumne Camp (BTC) was destroyed in the Rim Fire in 2013, the Camps Fund has had a persistent structural deficit, as BTC revenue was no longer available to offset the losses in the City’s other camp programs at Echo Lake Camp, Berkeley Day Camp, and Cazadero Camp. In the years since the fire, staff have worked to improve the cost recovery of the Fund’s other camps and programs, but there continues to be a structural deficit of $260,000/year. The Camps Fund is projected to remain solvent through the next budget cycle, but the structural deficit may exhaust fund balance by FY 25 depending on the performance of camp programs including the new Berkeley Tuolumne Camp.
31 CAMPS FUND FORECAST
with BERKELEY TUOLOMNE CAMP (BTC) PROJECT
FY 2020
Actual
FY 2021
Actual
FY 2022
Adopted
FY 2022
Revised
FY 2022
Projected
FY 2023
Proposed
FY 2024
Proposed
2025
Projected
Beginning Fund Balance 20,733,248 17,613,473 13,650,422 13,650,422 13,650,422 736,677 479,150 220,901
Revenues
Cazadero Rent 10,000 37,500 45,000 45,000 45,000 45,900 46,818 47,754 Cazadero Insurance 354,843 592,934 592,934 1,759,099 0 0 0 Echo Lake Registration 72,034 578,845 679,000 679,000 588,600 600,372 612,379 624,627 Echo Lake Donations 11,775
Echo Lake Insurance
Tuolumne Registration 1,477,702 1,477,702 1,232,114 2,085,793 2,127,508 2,170,059 Tuolumne Sales 15,000 37,500 38,250 39,015
Tuolumne Insurance 3,597,947 13,601,625 8,724,719 8,724,719 7,923,662 282,621 292,993 Tuolumne Rentals
Tuolumne Donations 74,266 345,902
FEMA 0 567,858 193,770
Catastrophic Reserve 2,700,000
Day Camp Registration 59,641 315,075 249,500 249,500 283,567 289,239 295,024 300,924 ARPA Transfer In 1,035,000
Subtotal, Revenues 4,106,241 15,175,169 11,768,855 11,768,855 16,121,714 3,341,424 3,412,972 3,182,379
Expenditures
Personnel 954,500 721,276 1,461,564 1,461,564 1,415,172 1,939,848 1,979,309 1,720,042 Non-Personnel 368,483 110,411 888,470 1,013,611 1,006,551 1,659,103 1,691,913 1,725,751 Capital Projects 5,903,033 18,306,533 11,500,000 28,081,295 26,613,737 0 0 0 Subtotal, Expenditures 7,226,016 19,138,220 13,850,034 30,556,470 29,035,460 3,598,951 3,671,222 3,445,793
Operating Income / (Loss) (3,119,775) (3,963,051) (2,081,179) (18,787,615) (12,913,745) (257,527) (258,249) (263,414)
Camps Fund Reserve Balance
(with BTC Project) 17,613,473 13,650,422 11,569,243 (5,137,193) 736,677 479,150 220,901 (42,514) Reserve Rate 429% 90% 98% -32% 5% 14% 7% -1%