Agenda packet — Berkeley City Council, June 28, 2022 (part 1 of 8)

Tuesday, June 28, 2022 AGENDA Page 1

AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, June 28, 2022
6:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

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

PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH

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

Live 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/82212647688. 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 joi
n by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 822 1264 7688. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

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

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

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Preliminary Matters
Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar for it to move to Action. Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

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

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

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

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1. Ashby and North Berkeley BART Station Areas: Proposed Zoning and General Plan Amendments, City and BART Joint Vision and Priorities, Associated Environmental Review Documents and City and BART Memorandum of Agreement
From: City Manager
Recommendation: Adopt second reading of Ordinance No.7,815-N.S. to amend the Berkeley Municipal Code to create the Residential-BART Mixed-Use District Residential Zone District (Chapter 23.202.150) and additional conforming amendments to other sections of the Municipal Code in order to ensure that the provisions are comprehensively and consistently incorporated into the Berkeley Zoning Ordinance.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

2. 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 second reading of Ordinance No.7,816-N.S. 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%.

First Reading Vote: All Ayes.

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

3. 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 second reading of Ordinance No.7,817-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) at 0.0058%.

First Reading Vote: All Ayes.

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

4. FY 2023 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I)
From: City Manager
Recommendation: Adopt second reading of Ordinance No.7,818-N.S. 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%.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
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5. 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 second reading of Ordinance No.7,819-N.S. setting the FY 2023 tax rate funding the debt service on the Affordable Housing General Obligation Bonds (Measure O, November 2018) at 0.0200%.

First Reading Vote: All Ayes.

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

6. FY 2023 Tax Rate: Business License Tax on Large Non-Profits From: City Manager
Recommendation: Adopt second reading of Ordinance No.7,820-N.S. 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.

First Reading Vote: All Ayes.

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

7. FY 2023 Tax Rate: Fund the Provision of Emergency Medical Services (Paramedic Tax)
From: City Manager
Recommendation: Adopt second reading of Ordinance No.7,821-N.S. 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.

First Reading Vote: All Ayes.

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

8. FY 2023 Tax Rate: Fund Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF)
From: City Manager
Recommendation: Adopt second reading of Ordinance No.7,822-N.S. 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.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Abe Roman, Fire, (510) 981- 3473

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9. FY 2023 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping From: City Manager
Recommendation: Adopt second reading of Ordinance No.7,823-N.S. 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.

First Reading Vote: All Ayes.

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

10. 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 second reading of Ordinance No.7,824-N.S. 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%.

First Reading Vote: All Ayes.

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

11. FY 2023 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E)
From: City Manager
Recommendation: Adopt second reading of Ordinance No.7,825-N.S. 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.

First Reading Vote: All Ayes.

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

12. FY 2023 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
From: City Manager
Recommendation: Adopt second reading of Ordinance No.7,826-N.S. 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.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Abe Roman, Fire, (510) 981- 3473

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13. FY 2023 Special Tax Rate: Fund the Provision of Library Services From: City Manager
Recommendation: Adopt second reading of Ordinance No.7,827-N.S. 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.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Tess Mayer, Library, (510) 981- 6100

14. Resolution Reviewing and Ratifying the Proclamation of Local Emergency Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19)
From: City Manager
Recommendation: Adopt a Resolution reviewing the need for continuing the local emergency due to the spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19) and ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services on March 3, 2020, initially ratified by the City Council on March 10, 2020, and subsequently reviewed and ratified by the Council on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, and May 10, 2022.

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

15. Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference
From: City Manager
Recommendation: Adopt a resolution making the required findings pursuant to Government Code Section 54953(e)(3) and determining that as a result of the continued threat to public health and safety posed by the spread of COVID-19, City legislative bodies shall continue to meet via videoconference and teleconference, initially ratified by the City Council on September 28, 2021, and subsequently reviewed and ratified on October 26, 2021, November 16, 2021, December 14, 2021, January 10, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 12, 2022, May 10, 2022, and May 31, 2022.

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

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

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

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

17. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of May 5 (closed and special), May 10 (regular), May 17 (closed), May 24 (regular) and May 31 (regular).

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

18. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 28, 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: $4,856,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

19. FY 2023 Revision to the Investment Policy and Designation of Investment Authority
From: City Manager
Recommendation: Adopt a Resolution accepting the changes to the Investment Policy and to confirm the delegation of investment authority to the Director of Finance to make investments for FY 2023.

Financial Implications: None
Contact: Henry Oyekanmi, Finance, (510) 981-7300

20. Appropriations Limit for FY 2023
From: City Manager
Recommendation: Adopt a Resolution establishing the appropriations limit at $328,834,462 for FY 2023 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.

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

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21. Revenue Grant Agreement: Medi-Cal Administrative Activities Funding from State of California to Conduct Health Promotion Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit grant agreements to the State of California, to accept the grants, and to execute any resultant revenue agreements and amendments to conduct health promotion for the Medi-Cal Administrative Activities (MAA) program for an amount not to exceed $4,200,000 for the period of the agreement, Fiscal Years 2023 through 2025.

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

22. Amending Contract No. 32100184 with O.C. Jones & Sons, Inc. for the Berkeley Marina Roadway Improvements Project
From: City Manager
Recommendation: Adopt a Resolution amending contract no. 32100184 with O.C.

Jones & Sons, Inc. for the Berkeley Marina Roadway Improvements Project by adding $200,000 for a total not-to-exceed contract amount of $6,375,185.82.

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

23. Vision Zero Annual Report
From: City Manager
Recommendation: Adopt a Resolution 1) accepting the City of Berkeley Vision Zero Annual Report for 2021-2022; 2) affirming the actions and priorities as stated in the 2020 Berkeley Vision Zero Action Plan; and 3) directing the City Manager to form a Vision Zero Coordinating Committee for guiding the implementation of the 2020 Vision Zero Action Plan, including coordinating with the ongoing Berkeley Department of Transportation (BerkDOT) referral response and the Reimagining Public Safety Task Force, with the goal of developing a Vision Zero Traffic Enforcement policy before proceeding with the “Safer Streets by Everyone:

Enforcement” actions described in the Vision Zero Action Plan.

Financial Implications: Staff time
Contact: Liam Garland, Public Works, (510) 981-6300

24. Purchase Order: PB Loader Corporation for Two Chipper Trucks From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City to participate in Sourcewell (formerly NJPA) Contract No. 080521-PBL bid procedures and authorizing the City Manager to execute a purchase order for two chipper trucks with PB Loader Corporation in an increased amount not to exceed $400,000.

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

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25. Purchase Order: Sonsray Machinery for one CASE Tractor Loader From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City to participate in Sourcewell (formerly NJPA) Contract No. 03219-CNH bid procedures and authorizing the City Manager to execute a purchase order for one CASE Tractor Loader with Sonsray Machinery in an amount not to exceed $165,000.

Financial Implications: Equipment Replacement Fund - $165,000.

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

26. Purchase Order Amendment: Diesel Direct West, Inc. for Fuel for City Vehicles and Equipment
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the multi-year purchase orders with Diesel Direct West, Inc. for fuel for City vehicles and equipment, increasing the combined amount by $1,900,000 for a total amount not to exceed $10,744,000, and extending the term through December 31, 2023.

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

27. Contract: Sposeto Engineering Inc. for FY 2022 Sidewalk Repair Project From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the FY 2022 Sidewalk Repair Project; accepting the bid of Sposeto Engineering Inc. as the lowest responsive and responsible bidder; and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project, in accordance with the approved plans and specifications in an amount not to exceed $2,512,152.

Financial Implications: Various Measures - $2,512,152
Contact: Liam Garland, Public Works, (510) 981-6300

28. Contract No. 102354-1 Amendment: Direct Line Tele Response for Citywide After-Hours Answering Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment for up to $200,000 to Contract No. 102354-1 with Direct Line Tele Response to provide continued customer service support after normal business hours, on weekends and holidays, for a total contract amount not to exceed $632,750, and extending the contract term through December 31, 2024.

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

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29. Contract No. 10458 Amendment: Alta Planning and Design, Inc. for On-Call Transportation Planning Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 10458 with Alta Planning and Design for On-Call Transportation Planning Services, increasing the contract by $150,000, for a total amount not to exceed $750,000.

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

30. Contract No. 10516 (ERMA Contract No. 114128-1) Amendment: Community Design and Architecture for On-Call Transportation Planning Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 10516 (ERMA Contract No. 114128-1) with Community Design and Architecture for On-Call Transportation Planning Services, increasing the contract by $150,000, for a total amount not to exceed $650,000.

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

31. Contract No. 117563-1 Amendment: Clean Harbors, Inc. for Hazardous Waste Management Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Clean Harbors, Inc. for hazardous waste management, removal, and disposal services for the City of Berkeley increasing the contract amount by $200,000 for a new not to exceed amount of $650,000 and extend the contract term through June 30, 2024.

Financial Implications: Various Funds - $135,500
Contact: Liam Garland, Public Works, (510) 981-6300

32. Contract No. 108007-1 Amendment: Don’s Tire Service, Inc. for Tire Repair Services for City Fleet Vehicles
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 108007-1 with Don’s Tire Services, Inc. for repair and replacement services for automobile and truck tires for City of Berkeley fleet vehicles for an additional $150,000, for a new total not to exceed $423,534, and extend the authorized term through June 30, 2024.

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

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33. Contract Amendment: East Bay Municipal Utilities District (EBMUD) for Sanitary Sewer Charge and Billing Collection
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the agreement (Contract 9735) with East Bay Municipal Utility District (EBMUD) to administer a Customer Assistance Program (CAP) which is an expanded discount program for qualifying City of Berkeley sanitary sewer customers. Eligible customers under the CAP program will receive a 35% discount on their sewer charges.

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

34. Recommendation to Use Measure FF Funds as Intended by Voters for Firefighting, Emergency Medical Response, 9-1-1 Communications Services, Hazard Mitigation, and Wildfire Prevention and Preparedness; to Not Reduce General Fund Allocations Towards Fire Services; and to Support Effective Commission Oversight
From: Disaster and Fire Safety Commission
Recommendation: The Disaster and Fire Safety Commission (DFSC) supports revenue generated by the voter-approved Fire, Emergency Services and Wildfire Prevention Tax (Measure FF) going towards services described in the Fire Department’s 5-year implementation plan, including:

Wildfire Prevention and Response, Training and Development, EMS Operations, and Dispatch. The Commission has reviewed and provided input on expenditure plans described by the Fire Department and is engaged in the process of providing input and oversight prior to the budget being finalized. As these projects advance and line- item budgets continue to be developed in more detail, the Commission expects to follow up with more specific recommendations on funding allocations.

In order to provide effective oversight of Measure FF spending as resolved by City Council, the Commission needs to have the tools and information necessary to do so. This includes: 1. Thorough and detailed information about spending plans, including detailed line items and staffing numbers, before budgets are finalized and locked in place (as of December 2021, the commission has not been provided a measure FF budget); and 2. An accounting system that will clearly designate spending from the fund, including job codes that are specific to Measure FF, so that the Commission can easily determine staff time spent on Measure FF-funded activities.

Additionally, in allocating funds towards these critical safety improvements, it is imperative that the City ensures that Measure FF funds are used to supplement, rather than replace, general funding of Berkeley Fire Department costs.

Financial Implications: See report
Contact: Keith May, Commission Secretary, (510) 981-3473

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35. Appointment of Mary-Lee Smith and Glenn Turner to Mental Health Commission for the City of Berkeley
From: Mental Health Commission
Recommendation: Adopt a Resolution appointing: Mary-Lee Smith as a representative of the Special Public Interest Category (consumer), to complete her first 3- year term beginning June 29, 2022 and ending June 28, 2025; and Glenn Turner as a representative of the Special Public Interest Category (family member), to complete her first 3-year term beginning June 29, 2022 and ending June 28, 2025.

Financial Implications: None
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400

Council Consent Items

36. Suspension of Sister City Relations with Dmitrov, Russia and Ulan-Ude, Russia From: Mayor Arreguin (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution to suspend Sister City relations with the cities of Dmitrov, Russia and Ulan-Ude until Russian hostilities against Ukraine come to an end.

Financial Implications: Staff time
Contact: Jesse Arreguin, Mayor, (510) 981-7100

37. Support for AB 2156 – Firearms: manufacturers
From: Councilmember Taplin (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Send a letter to Assemblymember Buffy Wicks and the state legislature in support of Assembly Bill 2156, which would prohibit the manufacture of unlicensed firearms and precursor parts, commonly known as “ghost guns.” Financial Implications: Staff time
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

38. Support for AB-256 (Racial Justice Act for All)
From: Councilmember Taplin (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Robinson (Co-Sponsor), Councilmember Hahn (Co-Sponsor) Recommendation: Send a letter to Assemblymember Ash Kalra (D-San Jose) and the state legislature in support of Assembly Bill 256, the Racial Justice Act for All, which would apply Kalra’s previous bill, AB 2542 (2020) retroactively to enable appeals of past convictions and sentences made with racial bias.

Financial Implications: Staff time
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

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39. Parking Minima for Mixed-Use Projects and Manufacturing Districts From: Councilmember Taplin (Author)
Recommendation: Refer to the City Manager and Planning Commission to develop amendments to Berkeley Municipal Code Chapter 23 Section 322 and return an Ordinance to Council with such amendments to include the following:
(a) In BMC 23.322.030(B)(1), Table 23.322-2: remove “(residential use only)” from Mixed-Use Residential category; reduce “Live/Work” off-street parking requirements to, at most, 1 space per unit; reduce “Manufacturing” off-street parking requirements to, at most, 1 space per 1,500 gross square feet; reduce off-street parking requirements for “All non-residential uses except uses listed below” to, at most, 1 space per 1,000 square feet.
(b) In BMC 23.322.020(C)(2)(i): reduce district minimum parking requirements to 1 space per 1,000 square feet at most in Manufacturing Districts.

Financial Implications: Staff time
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

40. Holding Social Media Companies Accountable for Impacts on Children:

Supporting AB 2408 and AB 2273 (Wicks/Cunningham)
From: Councilmember Hahn (Author), Councilmember Wengraf (Co-Sponsor) Recommendation: Send a letter in support of AB 2408 “Child users: addiction” and AB 2273 “The California Age-Appropriate Design Code Act” (Wicks/Cunningham) to forward to appropriate colleagues, expressing the City of Berkeley’s support for these bills, which would allow parents to sue social media platforms if their children become addicted and require tech firms to create child-safe producing by creating age-appropriate design code for websites and apps likely to be accessed by children.

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

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

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

Action Calendar – Public Hearings

Staff shall introduce the public hearing item and present their comments. This is followed by five- minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak use the "raise hand" function to be recognized and to determine the number of persons interested in speaking at that time.
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Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker.

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

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

41. Approval and Levy of 2018 Clean Stormwater Fee in FY 2023 From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution approving the proposed adjusted fees for the 2018 Clean Stormwater Fee and ordering the levy of the fees in Fiscal Year 2023.

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

42. Levy and Collection of Fiscal Year 2023 Street Lighting Assessments From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt Resolutions confirming the assessments for the Berkeley Street Lighting Assessment District No. 1982-1 and the Street Lighting Assessment District 2018, approving the Engineer’s Reports, and authorizing the levying and collection of assessments in the Fiscal Year 2023.

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

43. Transfer Station Rates for FY 2023
From: City Manager
Recommendation: Conduct a public hearing and upon its conclusion adopt a City Council Resolution authorizing the City Manager to:

1. Approve the proposed Transfer Station rates, environmental compliance fee and special material handling charges to be effective August 1, 2022; and

2. Annually review the Transfer Station rates, environmental compliance fee, and special material handling charges, and increase them by a percentage equal to the percentage change in the Consumer Price Index statistics published by the United States Bureau of Labor, as needed; and

3. Rescind the rates and special handling fees approved by City Council Resolution No. 64,575-N.S., adopted July 14, 2009, and as amended by Resolution No. 64,712- N.S., adopted December 6, 2009.

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

14 Action Calendar – New Business

Tuesday, June 28, 2022 AGENDA Page 15

44. FY 2023 & FY 2024 Biennial Budget Adoption
From: City Manager
Recommendation: Adopt a Resolution:

1. Adopting the FY 2023 & FY 2024 Biennial Budget as contained in the City Manager’s FY 2023 & FY 2024 Proposed Biennial Budget that includes the Proposed Capital Budget, presented to Council on June 14, 2022, and as amended by subsequent Council action.

2. Authorizing the City Manager to provide applicable advances to selected community agencies receiving City funds in FY 2023, as reflected in Attachment 2, and as amended by subsequent Council action.

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

45. FY 2023 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance adopting the FY 2023 Annual Appropriations Ordinance (AAO) in the amount of $737,068,276 (gross appropriations) and $620,623,866 (net appropriations).

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

46. Borrowing of Funds and the Sale and Issuance of FY 2022-23 Tax and Revenue Anticipation Notes
From: City Manager
Recommendation: Adopt a Resolution approving the borrowing of $28,000,000 and the sale and issuance of Fiscal Year 2022-23 Tax and Revenue Anticipation Notes.

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

Action Calendar – Public Hearings

47. goBerkeley SmartSpace Pilot Program Implementation Recommendations From: City Manager
Recommendation: Conduct a public hearing, and upon conclusion:

1. Adopt an Ordinance repealing and reenacting Berkeley Municipal Code Chapter

14.52 Parking Meters to enable demand-responsive paid parking for non-RPP permit holders in the 2700 blocks of Durant Avenue, Channing Way, and Haste Street and the 2300-2400 blocks of Piedmont Avenue (a portion of Residential Preferential Parking Program Area I) for the duration of the grant-funded goBerkeley SmartSpace pilot program, and allow payment via license plate entry pay stations (“pay-by-plate”) to improve convenience and enforcement; and

2. Adopt a Resolution approving the pilot proposals to be implemented and evaluated as part of the goBerkeley SmartSpace pilot program.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
15 Action Calendar – New Business
Tuesday, June 28, 2022 AGENDA Page 16
48a. Request for Timely Fiscal Information on Measures FF and GG From: Disaster and Fire Safety Commission
Recommendation: The Disaster and Fire Safety Commission (“Commission” or “DFSC”) respectfully recommends that Council direct the Fire Department and City Manager provide the Commission with the following fiscal information regarding Measures GG and FF:

1. Base budget documentation for the 22/23 FY (current year) that was approved by Council;

2. Quarterly, preferably monthly, expenditure reports, including a brief narrative describing each line item, with initial reports starting by March 30, 2022, with a published calendar for reporting and

3. The proposed budgets submitted to Council’s Budget and Finance Policy Committee in April, each subsequent revision presented to Council, and the budget that is adopted at the end of the budget process.

The Commission takes seriously the role it has been given by the voters and the City Council to provide oversight and advice to the City Council about the use of Measure GG and FF funds. DFSC commissioners intend to carry out this role but must rely on information from the City Manager and the Fire Department to do so.

Financial Implications: See report
Contact: Keith May, Commission Secretary, (510) 981-3473

48b. Companion Report: Request for Timely Fiscal Information on Measures FF and GG
From: City Manager
Recommendation: The City Manager acknowledges the need to provide accurate, timely, and relevant information to the Disaster and Fire Safety Commission (DFSC).

Fire Department Staff has committed to providing the DFSC line item budgets on Measures GG and FF funding plans prior to the budget process cycle as much as feasible. The DFSC can take this opportunity to discuss potential recommendations or issues with Staff with regards to the future spending of the funds. The Fire Department will continue to provide biennial reports on Measure FF as outlined by City Council in accordance to the Adopted Council Resolution No. 69,575–N.S.

Financial Implications: See report
Contact: Abe Roman, Fire, (510) 981-3473
Information Reports

49. Voluntary Time Off Program for Fiscal Year 2023
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

50. Annual Update on Wells Fargo Bank’s Community Involvement and Investment in the City of Berkeley
From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

16 Information Reports
Tuesday, June 28, 2022 AGENDA Page 17

51. FY 2022 Second Quarter Investment Report: Ended December 31, 2021 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

52. FY 2022 Third Quarter Investment Report: Ended March 31, 2022 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

53. HWCAC 2018-2023 Work Plan
From: Human Welfare and Community Action Commission
Contact: Mary-Claire Katz, Commission Secretary, (510) 981-5400

54. Annual Report on LPC Actions
From: Landmarks Preservation Commission
Contact: Fatema Crane, Commission Secretary, (510) 981-7400

55. Zero Waste Commission Fiscal Year 2022-23 Work Plan From: Zero Waste Commission
Contact: Heidi Obermeit, Commission Secretary, (510) 981-6300

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

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

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

Communic
ations 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/.
17 Tuesday, June 28, 2022 AGENDA Page 18
Agendas and agenda reports may be accessed via the Internet at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be read at reference desks at the following locations:

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

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

This meeting is being held in a wheelchair accessible location.

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

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

Captioning services are provided at the meeting, on B- TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify th at 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 16, 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 #1: Ashby and North Berkeley BART Station Areas: Proposed Zoning and General Plan Amendments, City and BART Joint Vision and Priorities, Associated Environmental Review Documents and City and BART Memorandum of Agreement

1. Janis Ching

2. Ann Campbell

3. Angie Schertle

4. Judith Baker
18 Tuesday, June 28, 2022 AGENDA Page 19
Item #38: Support for AB-256 (Racial Justice Act for All)

5. Micael Navarro Lopez

6. Jennifer Coffey

7. Sarah Bush

8. Lilia Goldenberg

9. Brian Hinch
Berkeley Marina Master Plan/Cesar Chavez Park

10. Stefani Berger

11. Ryan Turner

12. Erica Citret Roberts

Covid-19/Masks/Vaccinations/Public Health

13. Elsa, Ortiz, President, AC Transit Board of Directors

14. Anne-Lise Francois

15. Nina Lyons

16. Vivian Warkentin

Hopkins Corridor

17. Shirley Kirsten (2)

18. Lynn Winsten

19. Zelda (2)

Affordable Housing

20. David Lerman

21. Avram

22. Geoff Lomax

Fair Work Week

23. Rebeca Rozen, on behalf of the Hospital Council of Northern & Central California

24. Julie Sinai, on behalf of LifeLong Medical Care

Car Free Homes – 26-Story Building at University and Shattuck

25. Robin Kibby

Bird Safe Glass

26. Summer Brenner

27. Gael Alcock

Property Tax Explosion

28. Carol Corradi

People’s Park

29. Diana Bohn

30. Max Ventura

19 Tuesday, June 28, 2022 AGENDA Page 20
3219 King Street – Property Taxes Placed on Home

31. Gloria Carson

2420 Ashby Avenue – Medical Zoning

32. Christine Brozowski

Healthy Black Families Conference

33. Ayanna Davis, on behalf of Healthy Black Families, Inc.

City’s New Website

34. Mark Lowe

Berkeley Social Housing Pilot

35. Derek Sagehorn

African American Holistic Resource Center

36. Diana Bohn

Shattuck Cinemas

37. Charlene Woodcock

Rodeway Inn

38. Max Ventura

Juneteenth Festival

39. Delores Nochi Cooper

Thanks from Kala Art Institute

40. Ellen Lake, on behalf of Kala Art Institute

Removal of Child from Parents Recommended

41. Darwin Greenwell

Community College Constitutional Rights

42. Benjamin Stein

Smoking in a Multi-Unit Complex

43. Anne Marei

Hazards Created by Bicycle and Skateboard Users

44. Meryl Siegal

Huge Piles of Wood Chips

45. Max Ventura

20 Tuesday, June 28, 2022 AGENDA Page 21
Recurrent Roach Issues at 2020 Kittredge (a CalCHA Building)

46. Alex Merenkov

Tenants Opportunity to Purchase Act (TOPA)

47. Sam Frankel

48. Margaret Alducin

49. Yoni Mayeri

50. 8 similarly-worded form letters
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.
21 22

Ordinance No. 7,815-N.S. Page 1 of 29
ORDINANCE NO. 7,815-N.S.

AMENDING TITLE 23 OF THE BERKELEY MUNICIPAL CODE TO ESTABLISH THE RESIDENTIAL—BART MIXED USE (R-BMU) ZONING DISTRICT
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Section 23.106.050 is amended to read as follows:

23.106.050 Floor Area Ratio.

A. Floor Area Ratio Defined. Floor area ratio (FAR) means the quotient resulting from division of the gross floor area of all buildings on a lot by the area of the lot.

See Figure 23.106-1: Floor Area Ratio.

1. Floor Area Ratio Defined in R-BMU: In the R-BMU district, FAR means the quotient resulting from division of the Gross Floor Area of all buildings on a lot by the Lot Area. In a single integrated development on contiguous lots, the permitted Floor Area Ratio shall be computed upon the basis of the total area of all such lots.

FIGURE 23.106-1: FLOOR AREA RATIO
B. Development on Contiguous Lots. In a single integrated development on contiguous lots, the permitted floor area ratio is calculated using the total combined area of all such lots.

Section 2. That Berkeley Municipal Code Section 23.108.020 is amended to read as follows:

Maximum Floo
r Area for a FAR of 0.2
on a 43,56
0 Sq. Ft. Lot = 0.2 x 43,560
Sq. Ft.
= 8,712 Sq. Ft.

Page 1 of 29 ends

23 Ordinance No. 7,815-N.S. Page 2 of 29

23.108.020 Zoning Districts
A. Districts. Berkeley is divided into districts as shown in Table 23.108-1: Zoning Districts. Unique regulations apply within each district as established in Chapters

23.202 – 23.208 (Zoning Districts).

TABLE 23.108-1: ZONING DISTRICTS

DISTRICT

SYMBOL NAME OF DISTRICT
Residential Districts
R-1 Single-Family Residential
R-1A Limited Two-family Residential
ES-R Environmental Safety Residential
R-2 Restricted Two-family Residential
R-2A Restricted Multiple-family Residential
R-3 Multiple-family Residential
R-4 Multi-family Residential
R-5 High Density Residential
R-S Residential Southside
R-SMU Residential Southside Mixed Use
R-BMU Residential BART Mixed Use
Commercial Districts
C-C Corridor Commercial
C-U University Avenue Commercial
C-N Neighborhood Commercial
C-E Elmwood Commercial
C-NS North Shattuck Commercial
C-SA South Area Commercial
C-T Telegraph Avenue Commercial
C-SO Solano Avenue Commercial
C-DMU Downtown Mixed-Use
C-W West Berkeley Commercial
C-AC Adeline Corridor Commercial
Manufacturing Districts

Page 2 of 29 ends

24 Ordinance No. 7,815-N.S. Page 3 of 29

DISTRICT

SYMBOL NAME OF DISTRICT
M Manufacturing
MM Mixed Manufacturing
MU-LI Mixed Use-Light Industrial
MU-R Mixed Use-Residential
Special Districts
S Specific Plan
U Unclassified
Section 3. That Berkeley Municipal Code Section 23.202.020 is amended to read as follows:

23.202.020 Allowed Land Uses
A. Allowed Land Uses. Table 23.202-1: Allowed Land Uses in Residential Districts identifies allowed land uses and required permits in the Residential Districts. All land uses are defined in Chapter 23.502—Glossary. Permit requirements are described in Chapter 23.406—Specific Permit Requirements.

B. Unlisted Land Uses. Any land use not listed in Table 23.202-1: Allowed Land Uses in Residential Districts is not permitted in the Residential District.

Page 3 of 29 ends

25 Ordinance No. 7,815-N.S. Page 4 of 29

RESIDENTIAL DISTRICTS
ZC = Zoning Certificate
AUP = ADMINISTRATIVE USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific Regulations Apply
** - Required permits for specific
uses are set forth in the R-BMU
Master Development Permit
(MDP). See 23.202.150.A and

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU*

USE-SPECIFIC

REGULATIONS

APPLIES TO USES WITH AN

ASTERISK FOLLOWING THE PERMIT
REQUIREMENT (E.G., ZC*)
Residential Uses
Accessory Dwelling Unit
See 23.306—
Accessory
Dwelling Units
NP See 23.306—Accessory Dwelling Units
Dwellings
Single-Family UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) NP Two-Family NP UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) NP Multi-Family NP NP NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Group Living Accommodation NP NP NP NP NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Senior Congregate Housing NP NP NP NP See 23.302.070.H– Use-Specific Regulations Mixed-Use Residential NP NP NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Public and Quasi-Public Uses
Child Care Center UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Club/Lodge UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Columbaria AUP* AUP* NP AUP* AUP* AUP* AUP* AUP* AUP* AUP* NP 23.302.070.C– Use-Specific Regulations
Community Care Facility See 23.202.040.A– Use-Specific Regulations Community Center UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Emergency Shelter NP NP NP NP NP NP See 23.308
Family Day Care Home, Large ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC Family Day Care Home, Small ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC Hospital NP NP NP NP NP UP(PH) UP(PH) UP(PH) NP UP(PH) NP Library UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Nursing Home NP NP NP – UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) NP Park/Playground ZC ZC UP ZC ZC ZC ZC ZC ZC ZC ZC
Public Safety and Emergency
Service UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH)

Page 4 of 29 ends

26 Ordinance No. 7,815-N.S. Page 5 of 29

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU*

USE-SPECIFIC

REGULATIONS

APPLIES TO USES WITH AN

ASTERISK FOLLOWING THE PERMIT
REQUIREMENT (E.G., ZC*)
Public Utility Substation/Tank UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Religious Assembly UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) School UP(PH) UP(PH) NP UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Commercial Uses
Alcoholic Beverage Service NP NP NP NP NP NP NP NP NP UP(PH)* UP(PH) *

23.310—Alcoholic Beverage
Sales and Service
Food Products Store NP NP NP NP NP NP NP NP NP UP(PH)*
UP(PH)
*

23.202.140.B.3– R-SMU
Residential Southside
District
Food Service Establishment NP NP NP NP NP NP NP NP NP UP(PH)* UP(PH) *

23.302.070.E– Use-Specific
Regulations
Group Class Instruction NP NP NP NP NP NP NP NP NP NP
UP(PH)
*

23.202.150.C – R-BMU
Residential BART Mixed
Use District
Gym/Health Club NP NP NP NP NP NP NP NP NP NP
UP(PH)
*

23.202.150.C – R-BMU
Residential BART Mixed
Use District
Hotel, Tourist NP NP NP NP NP NP UP(PH) UP(PH) UP(PH) UP(PH) NP Laundromat and Cleaner NP NP NP NP NP NP NP NP NP UP(PH) UP(PH) Office NP NP NP NP NP NP UP(PH) UP(PH) NP UP(PH)
UP(PH)
*

23.202.150.C – R-BMU
Residential BART Mixed
Use District
Parking Lot/Structure UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)
* UP(PH)* UP(PH)
*

23.302.070.G– Unenclosed
Accessory Structures in
Residential Districts

23.322.100– On-site
Loading Spaces
Personal and Household
Service, General NP NP NP NP NP NP NP NP NP ZC* ZC*

23.202.140.B.2– R-SMU
Residential Southside
District
Retail, General NP NP NP NP NP NP UP(PH)
*
UP(PH)
*
UP(PH)
*
UP(PH)* UP(PH)
*

23.202.040.B– Use-Specific
Regulations

Page 5 of 29 ends

27 Ordinance No. 7,815-N.S. Page 6 of 29

23.202.150.D
R-1 R-1A ES-R R-2 R-2A R-3 R-4 R-5 R-S R-
SMU
R-
BMU*

USE-SPECIFIC

REGULATIONS

APPLIES TO USES WITH AN

ASTERISK FOLLOWING THE PERMIT
REQUIREMENT (E.G., ZC*)
Veterinary Clinic NP NP NP NP NP NP NP NP NP UP(PH) UP(PH) Theater NP NP NP NP NP NP NP NP NP NP UP(PH)
Video Tape/Disk Rental NP NP NP NP NP NP NP NP NP UP(PH) NP Industrial and Heavy Commercial Uses
Commercial Excavation UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) Other Uses
Accessory Uses See 23.302.020.A– General Use Regulations Art/Craft Studio NP NP NP NP NP NP NP NP NP NP ZC
ATM: Exterior and Attached to
Bank or Interior or Exterior
and Not With Bank

NP NP NP NP NP NP NP NP NP NP AUP
Home Occupations See 23.302.040– Home Occupations
Live/Work NP NP NP NP NP NP NP NP NP NP UP(PH)
*

23.312-Live/Work
Public Market, Open Air NP NP NP NP NP NP NP NP NP NP AUP Public Market, Enclosed NP NP NP NP NP NP NP NP NP NP AUP Short-Term Rental ZC* ZC* NP ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.314—Short-Term Rentals Temporary Uses See 23.302.030– Temporary Uses and Structures Urban Agriculture, Low-Impact ZC* ZC* NP ZC* ZC* ZC* ZC* ZC* ZC* ZC* ZC* 23.318—Urban Agriculture Urban Agriculture, High-
Impact AUP* AUP* NP AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* 23.318—Urban Agriculture Wireless Telecommunication
Facility See 23.332—Wireless Communication Facilities

Page 6 of 29 ends

28 Ordinance No. 7,815-N.S. Page 7 of 29
Section 4. That Berkeley Municipal Code Section 23.202.040.B is amended to read as follows:

B. General Retail.

1. In the R-4, R-5, R-S, and R-SMU districts, general retail uses must be:
(a) Accessory to another use;
(b) Contained within a building with no street access; and (c) Without displays of merchandise visible from the street.

2. In the R-BMU district, General Retail is:
(a) Permitted with a Use Permit at the North Berkeley BART station; (b) Permitted with a Zoning Certificate at the Ashby BART station.

Section 5. That Berkeley Municipal Code Section 23.202.150 is hereby added to read as follows:

23.202.150: R-BMU Residential BART Mixed Use District
A. District Purpose. The purpose of the BART Mixed-Use (R-BMU) district is to create vibrant, well-designed, and welcoming neighborhoods that address City of Berkeley priorities such as affordable housing, civic and public space, multi-modal transportation and site access, high-quality building and site design and architecture, and a mix of land uses that contributes positively to the community, and to establish zoning standards in compliance with AB 2923.

B. Definitions. For the purpose of this Section (23.202.150), the following definitions apply:

1. Dwelling Units per Acre. The quotient resulting from the total number of dwelling units on a site by the Lot Area.

C. Allowed Land Uses.

1. General. See Section 23.202.020 (Allowed Land Uses), which indicates identifies allowed land uses and which are prohibited. a. The initial establishment of a land use in a new building will follow the R-BMU Master Development Plan process outlined in Section

23.202.150D. below.
b. The change of use of an existing building or portion of a

Page 7 of 29 ends

29 Ordinance No. 7,815-N.S. Page 8 of 29
building will require the permits indicated in Section

23.202.020 and Table 23.202-1 for the R-BMU District.
c. Any use not listed in Table 23.202-1 for the R-BMU District can be approved through the Master Development Plan process outlined in Section 23.202.150D below for the initial
establishment of a land use in a new building.
d. Uses subject to supplemental regulations are shown in in Table

23.202-1 with an asterisk (*) following the permit requirement (e.g., ZC*). The Use-Specific Regulations column in Table 23.204-1 identifies the location of these regulations in the Zoning Ordinance.

2. Group Class Instruction and Gym/Health Clubs. Group class instruction and gym/health club uses are permitted at the Ashby BART station with a Zoning Certificate. Group class instruction and gym/health club uses are permitted at the North Berkeley BART station with a Use Permit.

3. Office. At the Ashby BART station, office uses above the ground floor are permitted with a ZC. All other office uses in the R-BMU require a Use Permit.

D. Ground-floor Uses. See Table 23.202-27.

TABLE 23.202-27: PERMITTED STREET-FACING GROUND FLOOR USES Frontage Locations Permitted Street-Facing Ground Floor Uses Along Ashby and MLK Non-Residential Uses or non-residential accessory spaces to residential buildings, such
as community rooms. At least 50% of the
combined frontage of MLK and Ashby must
include active ground -floor uses.[1] Active
uses at corner locations are encouraged.

Along Adeline Non-Residential Uses or non-residential
accessory spaces to residential buildings, such
as community rooms
Along Woolsey, Tremont [2], or fronting interior public spaces
Residential or Non-Residential Uses
Along Sacramento, along the Ohlone Greenway, or within
50 feet of any street corner
Residential or Non-Residential Uses
Along Delaware, Acton, or Virginia Residential Uses
[1] Active uses are commercial uses which generate regular and frequent foot traffic; such uses include businesses in the following use categories: Retail; Personal and Household Services; Food and Alcohol Service, and Entertainment.
[2] Public entrances for non-residential uses fronting Tremont Street must be located on Woolsey Street.

Page 8 of 29 ends

30 Ordinance No. 7,815-N.S. Page 9 of 29
FIGURE 23.202-3 PERMITTED STREET-FACING GROUND FLOOR USES a. Ashby BART Station Site b. North Berkeley BART Station Site E. Additional Permit Requirements. See Section 23.202.030 (Additional Permit Requirements).

F. Development Standards.

1. Basic Standards. See Table 23.202-28.

2. Supplemental Standards. Supplemental standards that apply in the R- BMU district are noted in Table 23.202-28.

TABLE 23.202-28: R-BMU DEVELOPMENT STANDARDS
Supplemental
Standards
Lot Area, Minimum No minimum 23.304.020
Private Usable Open Space,
Minimum [1][2]

23.302.090
Per Dwelling Unit 40 sf/DU 23.302.090
Per Group Living
Accommodation Resident
15 sf/resident 23.302.090
Public Open Space, Minimum
Per Dwelling Unit 35 sf/unit
Per Group Living
Accommodation Resident
18 sf/resident

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31 Ordinance No. 7,815-N.S. Page 10 of 29
Floor Area Ratio (FAR), Maximum 4.2
Main Building Height, Maximum [3] 80 feet and 7 stories 23.304.050 Residential Density, Minimum 75 dwelling units per acre [1] Private Usable Open Space may be provided as any combination of personal and common private space. [2] 50% of the Private Usable Open Space requirement may be fulfilled through the provision of an equal amount of additional Public Open Space.
[3] Building Height Measurement: In the case of a roof with a parapet wall, building height shall be measured to the top of the roof and parapets may exceed the height limits by up to five feet by right.

3. Additional Open Space Requirements.
a. Definitions
i. Private Usable Open Space: Outdoor space, including natural and landscaped ground areas, playgrounds, pools, patios, decks and balconies designed for active or passive recreational use and which are accessible to the occupants of a building on the same development. See also 23.304.090 (Usable Open Space) for standards.
ii. Public Open Space: Outdoor space, including natural and landscaped ground areas, playgrounds, pools, fountains, patios, decks designed for active or passive recreational use and which are accessible to the general public. Minimum dimensions for Public Open Spaces shall be 20’ in any direction and 400 square feet minimum.
b. Public Space Design.
i. Land area made available for public access to and through the station, and on-site public amenities, may be offered as dedication to the City or may be owned and maintained by another party with dedication of a public access easement. Public Open Space must be accessible to the public during daylight hours and include signage indicating public access.
ii. Public spaces shall include site furnishings and design elements to encourage active or passive use.
iii. Public spaces shall have a direct, accessible connection to the public circulation network.
iv. Adjacent publicly owned space may contribute to the minimum public space requirement for the project, if it is designed, integrated and maintained as part of the project and complies with all other requirements for public space design identified in

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32 Ordinance No. 7,815-N.S. Page 11 of 29
this section (23.202.150(D)3(b)).
c. Rooftop Open Space. Rooftops may be utilized as Private Usable Open Space or Public Open Space meeting the requirements of

23.202.150.A.3 (Additional Open Space Requirements – Definitions).

Rooftop space designated Public Open Space must also meet the requirements of 23.202.150.A.3.B (Public Space Design). No more than 25% of Public Open Space requirements can be met with Rooftop Open Space, and such Public Open Space must be independently accessible from the public circulation network.

4. Front Setbacks.
a. Setbacks are not required at Martin Luther King Jr. Way, Adeline Street, Sacramento Street.
b. Setbacks along all other frontages along public rights-of-way and internal publicly accessible pathways shall range from 5 feet (minimum) to 15 feet (maximum) for at least 50 percent of any building’s linear street frontage, including all frontages within 50 lineal feet of an intersecting corner.

5. Front Upper-Story Step-backs. Any street-facing building frontage above four stories in height that is not within 100 linear feet of Sacramento Street, Adeline Street, Ashby Avenue, or Martin Luther King Jr. Way, shall step back from the property line for portions of the building above four stories.

6. Ground-floor Residential Frontage. For ground-floor residential uses, outward facing building entrances may include any of the following: stoops, front doors, courtyard and forecourt entrances, ramped or at-grade universally accessible entries, outward-facing and visually permeable lobby entrances, or other outward-facing residential entrance, with transition spaces from private frontages to public spaces.

7. Ground-floor Non-Residential Frontage. For ground-floor non-residential uses, outward- facing building entrances and activation strategies may include outdoor seating, dining, display spaces, performance spaces, public art, architectural detailing, and extensions of the public sidewalk.

8. Frontage Improvements. Any area between a building and the front property line, or any area between a building and on-site public space or the public circulation network, shall be improved as part of a wider sidewalk, outdoor seating area, outdoor dining area, yard area, landscaping, or other usable open space.

9. On-site Pedestrian Access. Pedestrian accessways shall be provided for all new construction and for additions of 10,000 square

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33 Ordinance No. 7,815-N.S. Page 12 of 29
feet or more of gross floor area in accordance with the following standards:
a. Internal Connections. A system of publicly accessible pedestrian walkways (e.g. public sidewalks) shall connect all buildings on a site to each other, to on-site bicycle and automobile parking and drop-off areas, to any on-site open space areas or pedestrian amenities, and to the publicly accessible pedestrian circulation network. b. To the Public Circulation Network. A publicly accessible on-site walkway shall connect the building lobby entry or entries on each street or on-site pathway frontage to the public pedestrian circulation network.

Connections to publicly accessible on-site walkways provided at least every 300 feet along portions of the development site perimeter that are adjacent to public rights-of-way.
c. To Neighbors. Publicly accessible pedestrian access shall be provided from residential and commercial building entrances and public space to adjoining residential and commercial areas.
d. To Transit. Publicly accessible pedestrian connections from the public circulation network shall be provided to all transit stops and entrances including elevators outside the station.
e. Illumination. All publicly accessible pedestrian connections shall include nighttime illumination pursuant to Ordinance N.S.-7424.

10. Transparency.
a. Required Openings. Ground-level exterior walls facing and within 20 feet of a front lot line or publicly accessible pathway or Public Open Space shall run in a continuous plane for no more than 30 feet without a window, door, or other similar building opening.
b. Non-Residential Transparency. For non-residential ground-floor uses facing a front lot line, publicly accessible pathway or Public Open Space, a minimum of 50% of the building wall area located between three and seven feet above ground level shall be transparent with a visible light transmittance of not less than 80%.

11. Building Entrances.
a. Minimum Number of Entrances Required. There shall be a minimum of at least one building entrance at an average distance of 50 linear feet of ground-floor non-residential building frontage, and at least one building lobby entrance for every 200 feet of ground-floor residential building frontage.

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34 Ordinance No. 7,815-N.S. Page 13 of 29
b. Ground Floor Residential Entries. All ground floor residential units shall provide entries to the street in the form of stoops or other exterior entries, or balcony or patio without entrance to the street, with a minimum area of 20 square feet.
c. Separate Entrances Required. Buildings containing a mix of residential and non- residential uses shall provide separate building entrances for each major use category. Amenity areas such as exercise rooms do not require separate building entrances from the primary use. d. Entrance Orientation. Principal building entrances shall face a public street, publicly accessible pathway, or Public Open Space. e. Illumination. Building entries and addresses shall be illuminated to provide nighttime visibility from adjacent streets, public accessways, and common areas.

12. Ground-Floor Non-Residential Space Dimensions. The minimum ground floor height for non-residential uses is 15 feet, as measured from the ground level floor to the first floor above.

13.Parking Design and Access.
a. Unbundled Parking Required. All parking spaces shall be leased separately from the residential unit or commercial space except where prohibited by affordable housing financing sources.
b. Structured Parking Required. All new off-street parking shall be located within an enclosed structure, with the exception of curb-side pickup and drop-off, curb-side metered parking, ADA parking, or small- scale surface parking for security and station operations and maintenance purposes only.
c. Structured Parking Design. Parking garages shall be located underground or located behind conditioned building space at any adjacent street, sidewalk, or other publicly accessible accessway or open space. Conditioned building space is not required along shared interior lot lines of abutting parcels.
d. Vehicular Entry. Parking garage vehicular entrances facing the street shall be no more than 20 feet wide.
e. Pedestrian Entry. Parking garage pedestrian entrances shall be provided at-grade, connecting directly to the public pedestrian circulation network, on each street-facing frontage.
f. Light Screening. Parking garages shall be designed such that interior lighting is fully shielded and automobile headlamps are not visible from

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35 Ordinance No. 7,815-N.S. Page 14 of 29
adjacent buildings, parcels, streets, public parks, publicly accessible outdoor space or designated open space area.

14. Mitigation Measures. Projects under this section are subject to applicable measures identified in the adopted Mitigation Monitoring and Reporting Program of the Ashby and North Berkeley BART Stations Transit-Oriented Development Zoning Project Final EIR.

G. BART Mixed Use District Master Development Permit (MDP)

1. Purpose of the R-BMU District Master Development Permit (MDP) process. The purpose of these provisions is to prescribe the procedure for the review of initial development on parcels in the R-BMU District, in order to allow for the predictable buildout of the sites over time and achieve a high standard of affordability, site and building design that fulfills the City and BART Joint Vision and Priorities for the Ashby and North Berkeley BART Station Areas relating to:
 Affordable Housing
 Public and Civic Space
 Land Use
 Building Form and;
 Station Access.

2. Applicability of the Ashby and North Berkeley BART Master Development Permit (MDP). These provisions shall apply to all land within the R-BART Mixed Use District.

3. Preliminary Development Plan. The preliminary development plan shall include, at a minimum, the following:
a. A plan of the entire development, defined as either the North Berkeley BART Station Area or Ashby BART Station Area, showing the items listed below. Such development plan shall include maps and information on the surrounding area within one hundred (100) feet of the development. All elements listed in this paragraph shall be characterized as existing or proposed, and sufficiently detailed to indicate intent and impact.  Streets, driveways, sidewalks and pedestrian ways, and off-street parking and loading areas;
 Location and approximate dimensions of structures;
 Utilization of structures, including activities and the number of living units;

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36 Ordinance No. 7,815-N.S. Page 15 of 29
 Estimated population;
 Reservations for public uses, including schools, parks, playgrounds, and other open spaces;
 Placement of above-ground utilities such as electrical transformers, vents, and other mechanical equipment;
 Major landscaping features;
 Relevant operational data; and
 Drawings and elevations clearly establishing the scale, character, and relationship of buildings, streets, and open spaces. b. A table demonstrating that the plan meets the development standards set forth in Section 23.202.150.F and the other requirements of this Chapter, including compliance with any Objective Development Standards.
c. A development phasing plan describing the order in which various portions of the development will be built, along with a proposed schedule for such phases.

4. Notice of Application and Public Hearing for Preliminary Development Plan. a. Preliminary Development Plans shall be reviewed by the Zoning Adjustments Board, the decisions of which are appealable to the City Council.
b. The public notice and hearing process for a Master Development Permit shall be the same as for Use Permits as defined in BMC Section 23.404, except that notice shall be mailed or delivered to all businesses, residents and owners of property located within five hundred (500) feet of the subject property.
c. The Board shall determine whether the proposal conforms to the permit criteria set forth in Section 23.202.150.D8, and may approve or disapprove the application and the accompanying Preliminary Development Plan or require such changes therein or impose such reasonable conditions of approval as are in its judgment necessary to ensure conformity to said criteria and regulations. In so doing, the Board may, in its discretion, authorize submission of the Final Development Plan in stages corresponding to different units or elements of the development. It may do so only upon evidence assuring completion of the entire development in accordance with the Preliminary Development Plan and staged development schedule.

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5. Final Development Plan
The applicant shall file with the Planning and Development Department a Final Development Plan for one or more of the phases identified in the Preliminary Development Plan.
a. The Final Development Plan shall conform in all major respects with the approved Preliminary Development Plan and shall include the following additional information:
 Location of water, sewerage, and drainage facilities;  Detailed building and landscaping plans and elevations;  A maintenance plan for Open Space;
 Character and location of signs;
 Plans for street improvements; and
 Grading or earth-moving plans.

The Final Development Plan shall be sufficiently detailed to indicate the ultimate operation and appearance of the development, including compliance with the Objective Development Standards. Final Development Plans shall be reviewed by the Zoning Adjustments Board.
b. The public notice and hearing process for a Final Development Plan shall be the same as for Use Permits as defined in BMC Section 23B.32, except that notice shall be mailed or delivered to all businesses, residents and owners of property located within five hundred (500) feet of the subject property.

6. City Engineer’s Report
Within thirty (30) days after the filing of the Final Development Plan, the Zoning Officer shall forward it to the City Engineer for review of public improvements, including streets, sewers, and drainage. The Zoning Adjustments Board shall not act on a Final Development Plan until it has first received a report from the City Engineer or until more than thirty (30) days have elapsed since the plan and application were sent to the City Engineer, whichever is the shorter period.

7. Appeal to Council
The process for appeal to Council for a Master Development Permit, Preliminary Development Plan and/or Final Development Plan shall be the

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38 Ordinance No. 7,815-N.S. Page 17 of 29
same as for Use Permits as defined in BMC Section 23B.32.

8. Findings
a. That the location, design, size, and uses are consistent with the General Plan and with any other applicable plan, development control map, design guidelines, or ordinance adopted by the City Council;
b. That the location, design, and size are consistent with the City of Berkeley and San Francisco Bay Area Rapid Transit District (BART) Joint Vision and Priorities document for the Ashby and North Berkeley BART Station Areas adopted by the City Council and the BART Board of Directors.

9. Adherence to the Approved Plan and Modification.

Variations of up to ten percent (10%) from any numerical or non-numerical standard set forth on the Master Development Permit may be authorized by the Zoning Officer through an Administrative Use Permit. Variations of more than ten (10%) percent may be authorized by a Master Development Plan permit modification by the Zoning Adjustments Board.

10.Revocation of Permits
If a Final Development Plan for an initial portion of a site has not been submitted within 10 years after approval of the applicable Master Development Plan for all or a majority portion of the site, the City Council may revoke the approval of the remainder of the Master Development Permit.

If Final Development Plans for the entirety of a site have not been submitted within 20 years after approval of the applicable Master Development Permit, the City Council may revoke the remainder of the Master Development Permit.

Section 6. That Berkeley Municipal Code Section 23.302.070.E.2 is amended to read as follows:

2. Permits Required in Commercial Districts and in the R-BMU. Table

23.302-7 shows permits required for food service establishments in the commercial districts and in the R-BMU.

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39 Ordinance No. 7,815-N.S. Page 18 of 29
TABLE 23.302-7: PERMIT REQUIREMENTS FOR FOOD SERVICE ESTABLISHMENTS

DISTRICT/USE SIZE PERMIT

REQUIRED

C-C, C-U, C-T, C-W
Under 1,500 sq. ft ZC
1,500 sq. ft. or more AUP

C-N, C-NS, C-SA, C-SO
Under 1,000 sq. ft ZC
1,000 sq. ft. or more AUP
R-BMU, Ashby BART Station
C-AC, South Shattuck and North Adeline Subareas
3,000 sq ft or less ZC
Over 3,000 sq ft AUP
C-AC, South Adeline Subarea
1,500 sq ft or less ZC
Over 1,500 sq ft AUP
R-BMU, North Berkeley BART Station UP(PH)
C-E AUP [1]
C-DMU
Under 3,000 sq. ft outside the Arts District Overlay ZC 3,000 sq. ft. or more AUP
Any size within the Arts District Overlay AUP [2]
Notes:
[1] All food service uses in the C-E district require an AUP and may not be considered as an incidental use except when accessory to a food product store. [2] See 23.204.130.D.3 for required findings.

Section 7. That Berkeley Municipal Code Section 23.302.070.G.2 is amended to read as follows:

2. Table 23.302-9 shows required permits for the exclusive or primary use of a lot for off-street parking spaces.

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40 Ordinance No. 7,815-N.S. Page 19 of 29
TABLE 23.302-9: PERMIT REQUIREMENTS FOR PARKING LOTS/STRUCTURES

DISTRICT PERMIT REQUIRED
Residential Districts
R-3 Use Permit for all parking lots and structures. [1]

R-S, R-SMU, R-
BMU
Use Permit for parking structures only. Parking lots are not permitted, except on lots between Acton Street and Virginia Gardens and between Peralta Avenue and Northside Avenue in the R-BMU.

All other
residential
districts
Use Permit for all parking lots and structures.

Commercial Districts
C-C, C-U Zoning Certificate for parking lots and structures with 5 spaces or fewer. Use Permit for more than 5 spaces.

C-SO AUP for parking lots and structures with 5 spaces or fewer. Use Permit for more than 5 spaces.

C-DMU AUP for parking lots with 8 spaces or fewer. Use Permit for all parking structures. Lots with more than 8 spaces not permitted.

C-N, C-E, C-
NS, C-SA Use Permit for all parking lots and structures.

C-T Use Permit for all parking structures. All parking lots not permitted.

C-W AUP for parking lots and structures with 10 spaces or fewer. Use Permit for parking lots and structures with more than 10 spaces.

Manufacturing Districts
M, MM
AUP for parking lots and structures with 10 or fewer spaces exclusively for uses in the district. Use Permit for parking lots and structures with any number of spaces not exclusively for uses in the district.

MU-LI
Zoning Certificate for parking lots and structures with 10 or fewer spaces exclusively for uses in the district. AUP for parking lots and structures with 11 spaces or more exclusively for uses in the district.

Use Permit for parking lots and structures with any number of spaces not exclusively for uses in the district.

MU-R
Zoning Certificate for parking lots and structures exclusively for uses in the district. Use Permit for parking lots and structures not exclusively for uses in the district.

Notes:
[1] Parking lots and structures in the R-3 district are not permitted within the Southside Plan area

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41 Ordinance No. 7,815-N.S. Page 20 of 29
Section 8. That Berkeley Municipal Code Section 23.304.140 is amended to read as follows:

23.304.140 Area Plans.

A. Downtown Area Plan. Projects in the Downtown Area Plan boundaries are subject to the applicable mitigation measure in the adopted Mitigation Monitoring Program of the Downtown Area Plan Final EIR.

B. Southside Plan.

1. Mitigation Measures. Projects in the Southside Plan boundaries are subject to the applicable mitigation measures in the adopted Mitigation Monitoring Program of the Southside Plan Final EIR.

2. Permit Findings. To approve an AUP or Use Permit for a project in the Southside Plan boundaries, the review authority must find that the project complies with the Southside Plan’s adopted Mitigation Monitoring Program (MMP).

C. West Berkeley Plan. Projects in the West Berkeley Plan boundaries are subject to the applicable mitigation measure in the adopted Mitigation Monitoring Program of the West Berkeley Plan Final EIR.

D. Adeline Corridor Plan. Projects in the Adeline Corridor Plan boundaries are subject to the applicable mitigation measure in the adopted Mitigation Monitoring Program of the Adeline Corridor Plan Final EIR.

E. Ashby and North Berkeley BART Stations Transit-Oriented Development Zoning Project. Projects in the Ashby and North Berkeley BART Stations Transit-Oriented Development Zoning Project boundaries are required to implement all the applicable mitigation measures in the adopted Mitigation Monitoring Program of the Ashby and North Berkeley BART Stations Transit-Oriented Development Zoning Project EIR.

Section 9. That Berkeley Municipal Code Section 23.308.020.C is amended to read as follows:

C. Required Permits. Table 23.308-1 shows permits required for emergency shelters.

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42 Ordinance No. 7,815-N.S. Page 21 of 29
TABLE 23.308-1: PERMIT REQUIREMENTS FOR EMERGENCY SHELTERS DISTRICTS PERMIT REQUIRED [1]
Residential Districts
R-1, R-1A, ES-R, R-2, R-2A, R-3 Not Permitted
R-4, R-5, R-S, R-SMU, and R-BMU
15 beds or fewer [1] ZC
More than 15 beds UP(PH)
Commercial Districts

C-C, C-U, C-N, C-E, C-NS, C-SA, C-T, C-SO, C-W, C-AC
25 beds or fewer ZC
More than 25 beds UP(PH)
C-DMU
60 beds or fewer ZC
More than 60 beds UP(PH)
Manufacturing Districts
M, MM, MU-LI, MU-R Not Permitted
Notes:
[1] See also permit requirements based on floor area of use in Table 23.308.040-2 Section 10. That Berkeley Municipal Code Section 23.310.030.A is amended to read as follows:

A. Permits Required. Table 23.310-1 shows permits required for alcoholic beverage service when incidental to a food service establishment.

TABLE 23.310-1: PERMITS REQUIRED FOR ALCOHOLIC BEVERAGE SERVICE Permit Required Based on
Type of Beverages Served When Incidental to Food
Service
District Beer and Wine Distilled Spirits

R-SMU UP(PH) UP(PH)
All Commercial
Districts, except C-AC,
and the R-BMU
District

ZC UP(PH)

C-AC ZC AUP

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43 Ordinance No. 7,815-N.S. Page 22 of 29
Permit Required Based on
Type of Beverages Served When Incidental to Food
Service
District Beer and Wine Distilled Spirits

MU-LI, MU-R UP(PH) UP(PH)
Section 11. That Berkeley Municipal Code Section 23.310.030.B.3 is amended to read as follows:

B. Use Limitations.

3. C-NS and R-BMU Districts. In the C-NS district, distilled spirit service is allowed only for full-service restaurants. Distilled spirit service is not allowed for carry out food stores and quick-service restaurants.

Section 12. That Berkeley Municipal Code Section 23.312.030.B is amended to read as follows:

B. Residential Districts.

1. All Residential Districts Except R-BMU. Live/work units are not permitted.

2. R-BMU District: A Use Permit is required for live/work units.

Section 13. That Berkeley Municipal Code Section 32.322.030.A.1 is amended to read as follows:

A. Residential Districts.

1. Spaces Required. Table 23.322-1 shows minimum required off-street parking spaces in the Residential Districts.

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

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

All Other Districts: If located on a roadway less than 26 feet in

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44 Ordinance No. 7,815-N.S. Page 23 of 29
Land Use Number of Required Off-street Parking Spaces
width in the Hillside Overlay: 1 per unit
All Other Locations: None required
Dormitories, Fraternity
and Sorority Houses,
Rooming & Boarding
Houses, Senior
Congregate Housing
If located on a roadway less than 26 feet in width in the Hillside Overlay: 1 per each 5 residents, plus 1 for manager.

All Other Locations: None required.

Rental of Rooms
If located on a roadway less than 26 feet in width in the Hillside Overlay: 1 per each two roomers
All Other Locations: None required
Non-Residential
Uses
All non-residential
uses except uses
listed below
R-SMU District: 1 per 1,000 sq. ft.

R-BMU District: None required; no more than 1.5 spaces per 1,000 sq. ft.

All Other Residential Districts: See 23.322.030.A.2
Community Care
Facility
R-BMU District: None required; no more than 1.5 spaces per 1,000 sq. ft.

All Other Residential Districts: One per two non-resident employees
Food Service
Establishment
R-BMU District: None required; no more than 1.5 spaces per 1,000 sq. ft.

All Other Residential Districts: 1 per 300 sq. ft.

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

R-BMU District: None required; no more than 1.5 spaces per 1,000 sq. ft.

All Other Residential Districts: 1 per each 4 beds plus 1 per each 3 employees
Library
R-BMU District: None required; no more than 1.5 spaces per 1,000 sq. ft.

All Other Residential Districts: 1 per 500 sq. ft. of publicly accessible floor area
Nursing Home 1 per 3 employees
Medical Practitioners R-BMU District: None required; no more than 1.5 spaces per 1,000 sq. ft.

All Other Residential Districts: 1 per 300 sq. ft.

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

R-BMU District: None required; no more than 1.5 spaces per

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45 Ordinance No. 7,815-N.S. Page 24 of 29
Land Use Number of Required Off-street Parking Spaces
1,000 sq. ft.

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

Hotels, Tourist 1 per 3 guest/sleeping rooms or suites plus 1 per 3 employees [1] Excludes community care facilities which under state law must be treated in the same manner as a single-family residence

Section 14: That Berkeley Municipal Code Section 23.322.090 is amended to read as follows:

23.322.090 – Bicycle Parking
A. Parking Spaces Required.

1. Non-Residential Bicycle Parking. Table 23.322-10 shows districts where bicycle parking is required, land uses requiring bicycle parking, and the number of required spaces. Bicycle parking is required for new construction and for expansions to existing buildings that add new floor area.

TABLE 23.322-10: REQUIRED NON-RESIDENTIAL BICYCLE PARKING District When Required Required Spaces
R-BMU New commercial space 1 per 1,000 sq. ft.

R-S, R-SMU New commercial space 1 per 2,000 sq. ft.

All Commercial
Districts except
for C-E and C-T
New floor area or for expansions of
existing industrial, commercial, and
other non-residential buildings
1 per 2,000 sq. ft.

All Manufacturing
Districts except
for C-E and C-T
New floor area or for expansions of
existing industrial, commercial, and
other non-residential buildings
1 per 2,000 sq. ft.

C-E, C-T None required N/A
a. In the C-DMU district, the Zoning Officer, in consultation with the City Traffic Engineer, may approve an AUP to modify the bicycle parking requirement in Table 23.322-10 for Tourist Hotels.

2. Residential Parking. Table 23.322-11 shows the types of residential projects, including the residential portion of mixed-use projects, for which bicycle parking is required.

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46 Ordinance No. 7,815-N.S. Page 25 of 29
TABLE 23.322-11: REQUIRED RESIDENTIAL BICYCLE PARKING
Use Long-Term Parking
Requirement [1]
Short-Term Parking
Requirement [1]
Dwelling Units (1 to 4 units)
R-BMU: 1 space per
unit
All other districts: None
required
None required
Dwelling Units (5 units or
more)
R-BMU: 1 space per
unit
All other districts: 1
space per 3 bedrooms
2, or 1 space per 40
bedrooms, whichever is
greater
Group Living
Accommodations,
Dormitories, Fraternity and
Sorority Houses, Rooming
and Boarding Houses,
Transitional Housing
2, or 1 space per 2.5
bedrooms, whichever is
greater
2, or 1 space per 20
bedrooms, whichever is
greater
[1] Long-Term Parking and Short-Term Parking shall meet the design standards included in Appendix F of the 2017 Berkeley Bicycle Plan, or as subsequently amended by the Transportation Division.

B. Bicycle Parking Standards. The following standards apply to required bicycle parking spaces in a non-residential district:

1. Bicycle parking spaces shall be located in either a locker, or in a rack suitable for secure locks, and shall require location approval by the City Traffic Engineer and Zoning Officer.

2. Bicycle parking shall be located in accordance to the Design Review Guidelines and other design specifications promulgated by the Transportation Division.

Section 15: That Berkeley Municipal Code Section 23.502.020.L.14-20 are amended to read as follows:

14.Lot Area. The total horizontal area within a lot's boundary lines. a. Lot Area in R-BMU Only: The total horizontal area within a lot’s boundary lines, minus the square footage of the footprints of any buildings, facilities or equipment that are, or shall be, under the control of the San Francisco Bay Area Rapid Transit District (BART).

15.Lot Coverage. See 23.106.020 (Lot Coverage).

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16.Lot Depth. The average distance from the front lot line to the rear lot line measured in the general direction of the side lines.

17.Lot Frontage. That dimension of a lot's front lot line abutting on a street.

18.Lot Lines. The boundaries between a lot and other property or the public right- of-way.

19.Lot Line, Front. The shorter of the two intersecting lot lines along the rights-of- way of a corner lot shall be deemed to be the front of the lot for purposes of determining the lot frontage and for yard requirements. In the case of a lot having equal frontage, or in the case of an irregularly shaped lot, the Zoning Officer shall determine the front in such a manner as to best promote the orderly development of the immediate area.

20.Lot Width. The average distance between the side lot lines measured at right angles to the lot depth.

Section 16. Objective design standards, including, but not limited to, BART station functionality, public realm, building form and massing (e.g. vertical and horizontal articulation) building facade design, and open space shall be presented to the Council for adoption pursuant to the Memorandum of Agreement between the City and the San Francisco Bay Area Rapid Transit District (“BART”) approved by City Council and the BART Board, respectively, in June 2022.

Section 17. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

Page 26 of 29 ends

48 Ordinance No. 7,815-N.S. Page 27 of 29
At a special meeting of the Council of the City of Berkeley held on June 2, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

Page 27 of 29 ends

49 Ordinance No. 7,815-N.S. Page 28 of 29
Exhibit A: Proposed Zoning Maps

1. Ashby BART Site: Residential – BART Mixed Use
Adeline Street
Martin Luther King Jr. Way
Ashby Avenue
West Lot
APN 053-1597-039-04
East Lot
APN 053-1703-009-00

Page 28 of 29 ends

50 Ordinance No. 7,815-N.S. Page 29 of 29

2. North Berkeley BART Site: Residential – BART Mixed Use Lot A:

APNs 058-2146-016-05,
058-2149-019-04, 058-
2148-017-04, and
058-2147-018-05.

Lot D
APN 060-2417-067-04
Lots B and C:

APNs 058-2144-024-01
and 058-2139-018-03
Sacramento Street
Delaware Street
Virginia Street
Acton Street

Page 29 of 29 ends

51 52

Ordinance No. 7,816-N.S. Page 1 of 1
ORDINANCE NO. 7,816-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.

At a regular meeting of the Council of the City of Berkeley held on June 14, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

Page 1 of 1 ends

53 54

Ordinance No. 7,817-N.S. Page 1 of 1
ORDINANCE NO. 7,817-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 General 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.

At a regular meeting of the Council of the City of Berkeley held on June 14, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

Page 1 of 1 ends

55 56

Ordinance No. 7,818-N.S. Page 1 of 1
ORDINANCE NO. 7,818-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.

At a regular meeting of the Council of the City of Berkeley held on June 14, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

Page 1 of 1 ends

57 58

Ordinance No. 7,819-N.S. Page 1 of 1
ORDINANCE NO. 7,819-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.

At a regular meeting of the Council of the City of Berkeley held on June 14, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

Page 1 of 1 ends

59 60

Ordinance No. 7,820-N.S. Page 1 of 1
ORDINANCE NO. 7,820- 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.

At a regular meeting of the Council of the City of Berkeley held on June 14, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

Page 1 of 1 ends

61 62

Ordinance No. 7,821-N.S. Page 1 of 1
ORDINANCE NO. 7,821-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.

At a regular meeting of the Council of the City of Berkeley held on June 14, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

Page 1 of 1 ends

63 64

Ordinance No. 7,822-N.S. Page 1 of 1
ORDINANCE NO. 7,822-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.

At a regular meeting of the Council of the City of Berkeley held on June 14, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

Page 1 of 1 ends

65 66

Ordinance No. 7,823-N.S. Page 1 of 1
ORDINANCE NO. 7,823-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.

At a regular meeting of the Council of the City of Berkeley held on June 14, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

Page 1 of 1 ends

67 68

Ordinance No. 7,824-N.S. Page 1 of 1
ORDINANCE NO. 7,824-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.

At a regular meeting of the Council of the City of Berkeley held on June 14, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

Page 1 of 1 ends

69 70

Ordinance No. 7,825-N.S. Page 1 of 1
ORDINANCE NO. 7,825-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.

At a regular meeting of the Council of the City of Berkeley held on June 14, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

Page 1 of 1 ends

71 72

Ordinance No. 7,826-N.S. Page 1 of 1
ORDINANCE NO. 7,826-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.

At a regular meeting of the Council of the City of Berkeley held on June 14, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

Page 1 of 1 ends

73 74

Ordinance No. 7,827-N.S. Page 1 of 1
ORDINANCE NO. 7,827-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 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.

At a regular meeting of the Council of the City of Berkeley held on June 14, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

Page 1 of 1 ends

75 76
Office of the City Attorney

CONSENT CALENDAR
June 28, 2022
To: Honorable Mayor and Members of the City Council From: Dee Williams-Ridley, City Manager
Submitted by: Farimah Faiz Brown, City Attorney
Subject: Resolution Reviewing and Ratifying the Proclamation of Local Emergency Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19)

RECOMMENDATION
Adopt a Resolution reviewing the need for continuing the local emergency due to the spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19) and ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services on March 3, 2020, initially ratified by the City Council on March 10, 2020, and subsequently reviewed and ratified by the Council on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, and May 10, 2022.

FISCAL IMPACT OF RECOMMENDATION
To be determined.

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

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

Page 1 of 6 ends

77 2.88.040.A.1, on March 10, 2020, the City Council ratified the Proclamation of Local Emergency with the passage of Resolution No. 69-312.

Pursuant to Government Code section 8630(c), the City Council must review the need for continuing the local emergency at least once every sixty (60) days. The Council last reviewed and ratified the Proclamation of Local Emergency on May 10, 2022. The Council therefore must review the continuing need for the local emergency by July 9, 2022.

This item requests that the Council review the continued need for the local emergency and again ratify the Proclamation of Local Emergency issued on March 3, 2020, initially ratified by the Council on March 10, 2020, and subsequently reviewed and ratified by the Council on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, and May 10, 2022. If reviewed and ratified on June 28, 2022, the Council will need to again review and ratify the proclamation by August 27, 2022 in order to continue the local emergency.

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

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

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

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

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

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

The City Council has subsequently reviewed and ratified the Proclamation of Local Emergency on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, and May 10, 2022.

Page 2 of 6 ends

78 ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Not applicable.

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

ALTERNATIVE ACTIONS CONSIDERED
None.

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

Page 3 of 6 ends

79 RESOLUTION NO. –N.S.

RESOLUTION REVIEWING AND RATIFYING THE

PROCLAMATION OF LOCAL EMERGENCY
WHEREAS, the Emergency Services Act, Government Code sections 8558(c) and 8630 authorize the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist; and WHEREAS, pursuant to Government Code section 8630, such an emergency may be proclaimed by the governing body or by an official designated by ordinance adopted by the governing body; and
WHEREAS, Berkeley Municipal Code section 2.88.040 provides that the City Manager, serving as the Director of Emergency Services, may request that the City Council proclaim the existence of a local emergency; and
WHEREAS, under provision of local law, if the City Council cannot be convened and, in the judgment of the Director of Emergency Services, the circumstances warrant it, a proclamation of local emergency may be issued which must be ratified or nullified by the City Council within seven days of issuance; and
WHEREAS, in accordance with authority granted under the above provisions of state and local law, the Director of Emergency Services beginning on March 3, 2020 did proclaim the existence of a local emergency caused by epidemic in the form of the global spread of a severe acute respiratory illness caused by a novel (new) coronavirus (“COVID-19”), including confirmed cases in California and the San Francisco Bay Area, and presumed cases in Alameda County prompting the County to declare a local health emergency; and
WHEREAS, on March 10, 2020, the City Council ratified the Proclamation of Local Emergency with the passage of Resolution No. 69-312; and WHEREAS, Government Code section 8630(c) requires that the City Council review the need for continuing the local emergency at least once every sixty (60) days; and WHEREAS, the City Council subsequently reviewed the need for continuing the local emergency and again ratified the Proclamation of Local Emergency on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, and May 10, 2022; and WHEREAS, the City Council does find that the aforesaid conditions of extreme peril continue to exist, and now include over 13,000 confirmed cases of COVID-19 and at least 61 deaths in the City of Berkeley, thereby warranting and necessitating the continuation of the local emergency; and

Page 4 of 6 ends

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

Page 5 of 6 ends

81 NOW, THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that it is hereby proclaimed and ordered that the Proclamation of Local Emergency, issued by the Director of Emergency Services on March 3, 2020, initially ratified by the City Council on March 10, 2020, and subsequently reviewed and ratified by the City Council on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, and May 10, 2022, has been reviewed and is hereby again ratified and confirmed; and BE IT FURTHER RESOLVED that during the existence of this local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, and the Charter, ordinances, resolutions and approved plans of the City of Berkeley.

Page 6 of 6 ends

82 Office of the City Attorney

CONSENT CALENDAR
June 28, 2022
To: Honorable Mayor and Members of the City Council Madame City Manager
From: Farimah Faiz Brown, City Attorney
Subject: Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference

RECOMMENDATION
Adopt a resolution making the required findings pursuant to Government Code Section 54953(e)(3) and determining that as a result of the continued threat to public health and safety posed by the spread of COVID-19, City legislative bodies shall continue to meet via videoconference and teleconference, initially ratified by the City Council on September 28, 2021, and subsequently reviewed and ratified on October 26, 2021, November 16, 2021, December 14, 2021, January 10, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 12, 2022, May 10, 2022, and May 31, 2022.

FISCAL IMPACT OF RECOMMENDATION
To be determined.

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

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

Page 1 of 5 ends

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

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

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

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

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

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

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

Therefore, if the Council passes this resolution on June 28, 2022, the Council will need to review and ratify the resolution by July 28, 2022.

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

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

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

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

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

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

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Not applicable.

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

19. ALTERNATIVE ACTIONS CONSIDERED
None.

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

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85 RESOLUTION NO. –N.S.

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

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

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86 WHEREAS, holding meetings of City legislative bodies in person would present imminent risks to the health and safety of the public and members of legislative bodies, and therefore public meetings cannot safely be held in person at this time; and WHEREAS, the City Council made the initial findings required by the Government Code on September 28, 2021; and
WHEREAS, the City Council made subsequent findings required by the Government Code on October 26, 2021, November 16, 2021, December 14, 2021, January 10, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 12, 2022, May 10, 2022, and May 31, 2022; and
WHEREAS, the City Council will need to again review the need for the continuing necessity of holding City legislative body meetings via videoconference and teleconference by July 28, 2022.

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

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

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

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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 28, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: LaTanya Bellow, Deputy City Manager, City Manager’s Office Subject: Extension of Interim Director of Police Accountability Appointment

RECOMMENDATION
Adopt a Resolution extending the appointment of Katherine J. Lee to be Interim Director of Police Accountability and approving an employment contract to be effective July 1, 2022 at an annual salary of $182,260.65.

FISCAL IMPACTS OF RECOMMENDATION
The salary and benefits for the Interim Director of Police Accountability are included in the FY 2022 Proposed Budget for the newly-established Office of the Director of Police Accountability. The annual salary for Ms. Lee is $182,260.65, which is within the salary range for the position that was approved by City Council on May 25, 2021.

CURRENT SITUATION AND ITS EFFECTS
Pursuant to Resolution 69,531–N.S. that was adopted by the City Council on July 28, 2020, city staff has taken the following action so that the Police Accountability Board can commence its work on July 1, 2021:
 Issued an application to solicit community interest in the Police Accountability Board (“Board”) and on June 1, 2021, the Mayor and City Council adopted Resolution 69,916-N.S. consisting of appointments of the nine (9) members to the Board.  On May 25, 2021, the City Council adopted Resolution amending Resolution 69,538- N.S. to establish the unrepresented classification of Director of Police Accountability with a monthly salary range of $11,862.93 - $17,794.40, effective May 25, 2021.

City staff are in the process of hiring an Executive Recruitment firm to assist the City in filling the Director of Police Accountability on a permanent basis. It is anticipated that the recruitment will take approximately six (6) months. Until the recruitment process is complete and City Council has appointed an individual to serve as the permanent Director of Police Accountability, City Council is being asked to approve the attached

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89 Extension of Interim Director of Police Accountability Appointment CONSENT CALENDAR June 28, 2022

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resolution appointing Katherine J. Lee as the Interim Director of Police Accountability.

The Interim will serve at the pleasure of City Council.

Ms. Lee is well qualified to serve as the City’s Interim Director of Police Accountability.

She has an extensive background in civilian police oversight and public administration and has been recognized by the National Association for Civilian Oversight for Law Enforcement as a Certified Practitioner of Oversight. In addition, Ms. Lee has served the City of Berkeley capably and well for more than 30 years, serving as a Deputy City Attorney in the City Attorney’s Office, a Senior Hearing Examiner at the Rent Board, and for the last six (6) years as the Police Review Commission Officer for the Police Review Commission. Finally, Ms. Lee received a law degree from the Georgetown University Law Center and her undergraduate degree from the University of California, Berkeley.

The attached Agreement provides that Ms. Lee shall serve as Interim Director of Police Accountability for one (1) month commencing on July 1, 2022 and that she shall serve as the Interim Director of Police Accountability until the City Council either acts to appoint a Director of Police Accountability or terminates her interim appointment.

Should the City Council determine that it will not retain Ms. Lee as Interim Director of Police Accountability, then Ms. Lee’s release would constitute a layoff and she would be entitled to exercise her rights under Section 10.8 of the Unrepresented Employee Manual regarding Employee Retreat Rights. Pursuant to the Agreement, Ms. Lee shall receive an annual salary of $182,260.65, which is within the salary range for the Director of Police Accountability approved by the City Council.

BACKGROUND
In 1973, a ballot measure was adopted to establish a Police Review Commission for the community to participate in setting Police Department policies, practices, and procedures and to provide a means for investigation of complaints against sworn employees of the Police Department. The existing Police Review Commission consists of nine (9) commissioners that are appointed by the Mayor and City Council, and is supported by three (3) full-time equivalent employees.

On November 3, 2020, Berkeley voters adopted Measure II, a Charter Amendment that established the Office of the Director of Police Accountability that consists of a new position, Director of Police Accountability, and the Police Accountability Board. The Police Accountability Board replaces the existing Police Review Commission.

Pursuant to Measure II, the purpose of the Police Accountability Board is to promote public trust through independent, objective, civilian oversight of the Berkeley Police Department, provide community participation in setting and reviewing Police Department policies, practices, and procedures, and to provide a means for prompt, impartial and fair investigation of complaints brought by members of the public against sworn employees of the Berkeley Police Department. The Director of Police Accountability, a position to be filled by the City Council at a noticed public meeting, is

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90 Extension of Interim Director of Police Accountability Appointment CONSENT CALENDAR June 28, 2022

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responsible for investigating complaints filed against sworn employees of the Berkeley Police Department, carrying out the work of the Police Accountability Board, and overseeing the day-to-day operations of the Office of the Director of Police Accountability, amongst other responsibilities as outlined in Measure II. Both the Police Accountability Board and Director of Police Accountability are independent of the City Manager, except for administrative purposes, and report to the Mayor and City Council.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental impacts from the action being requested by City Council.

RATIONALE FOR RECOMMENDATION
Ms. Lee has an extensive background in civilian police oversight and public administration and as a long-standing employee with the City, she is well qualified to assume the responsibilities of the Interim Director of Police Accountability and will ensure a seamless transition from the Police Review Commission to the Office of the Director of Police Accountability.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
LaTanya Bellow, Deputy City Manager, City Manager’s Office, (510) 981-7012 Attachments:
1: Resolution

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91 [Type here] [Type here] [Type here]
RESOLUTION NO. ##,###-N.S.

APPOINTMENT OF KATHERINE J. LEE AS INTERIM DIRECTOR OF POLICE

ACCOUNTABILITY
WHEREAS, Section 125 of the City Charter provides that the Director of Police Accountability shall be appointed by the City Council to implement Measure II adopted on November 3, 2020, oversee the operations of Office of the Director of Police Accountability and carryout the work of the Police Accountability Board; and WHEREAS, Katherine J. Lee has an extensive background in civilian police oversight and public administration and has been recognized by the National Association for Civilian Oversight for Law Enforcement as a Certified Practitioner of Oversight; and WHEREAS, Ms. Lee received her law degree from the Georgetown University Law Center and her undergraduate degree from the University of California, Berkeley; and WHEREAS, Ms. Lee has served the City of Berkeley capably and well for more than 30 years, serving as a Deputy City Attorney in the City Attorney’s Office, a Senior Hearing Examiner at the Rent Board, and for the last six (6) years as the Police Review Commission Officer for the Police Review Commission.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that that it hereby appoints Katherine J. Lee as the Interim Director of Police Accountability, effective July 1, 2022, on the terms and conditions set forth in the contract attached hereto as Exhibit A.

Exhibit
A: Agreement by and between the City of Berkeley and Katherine J. Lee

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92 Resolution No. Page 1 of 3

Exhibit A

AGREEMENT
This Agreement is entered into on June 28, 2022 between the CITY OF BERKELEY, a Charter City organized and existing under the laws of the State of California ("City") and KATHERINE J. LEE, ("Lee") collectively "the parties."
This Agreement is made with reference to the following facts and objectives:

The Charter of the City of Berkeley, Section 125, vests the City Council with the sole authority to employ a Director of Police Accountability; and the City Council desires to employ KATHERINE J. LEE as the Interim Director of Police Accountability of the City of Berkeley for a six-month period or until such time as the Council appoints a Director of Police Accountability or terminates Lee's Interim appointment.

THEREFORE, in consideration of mutual promises and covenants set forth below, the parties agree as follows:

1. COMMENCEMENT AND TERMINATION OF EMPLOYMENT
a. The City Council hereby employs Lee as the Interim Director of Police Accountability, and she hereby accepts employment as the Interim Director of Police Accountability for a period of one month commencing on July 1, 2022. Lee shall continue to serve as Interim Director of Police Accountability until such time as the Council either takes action to appoint a Director of Police Accountability, or terminates her Interim appointment.
b. Pursuant to Charter section 125, Lee shall serve at the pleasure of the Council and may be removed from office by a two-thirds vote of the City Council with or without cause.

2. DUTIES
a. Lee shall carry out the functions and duties of the position of the Director of Police Accountability in a manner consistent with the Charter of the City of Berkeley and such other laws and regulations as may be applicable.

3. COMPENSATION
a. As compensation for services rendered under this contract, Lee shall receive an annual salary of $182,260.65. Said salary shall be paid on the dates and in the manner consistent with the payroll procedures in use for City of Berkeley career employees.
b. In addition, Lee shall receive such employee benefits as are payable to the City's regular-at-will employees under the City's Unrepresented Employee Manual, and any cost of living increases Council approves for regular at-will employees.

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93 Resolution No. Page 2 of 3

c. During the period Lee serves as Interim Director of Police Accountability, if the Council determines that it will not retain Lee as Interim Director of Police Accountability, then Lee’s release shall constitute a layoff and Lee shall be provided the opportunity to exercise her rights under Section 10.8 of the Unrepresented Employee Manual regarding Employee Retreat Rights. Lee shall not be entitled to exercise her rights under Section 10.8 of the Unrepresented Employee Manual regarding Employee Retreat Rights if the Council terminates Lee from her position as Interim Director of Police Accountability for-cause.
d. Notwithstanding the provisions of Section 3.c, in the event the Council terminates Lee based on conviction of, or no contest plea to, a felony or any crime involving moral turpitude or personal gain, Lee shall not be entitled to return to her prior position as Police Review Commission Officer and shall be entitled only to such salary accrued to the date of termination, and such other termination benefits and payments as are required by law.

4. LEAVE
a. Lee shall be entitled to such paid leave as that received by all other regular at-will employees under the City's Unrepresented Manual and will continue to accrue such leave at the same rates as she accrued in the position of Police Review Commission Officer.

5. AMENDMENT
a. The City Council and Lee may at any time mutually agree to amend or terminate this Agreement. Any such agreement shall be in writing.

6. ENTIRE AGREEMENT
a. This Agreement supersedes any other agreements, written or oral, expressed or implied, between the City of Berkeley and Lee.

7. GOVERNING LAW
a. This Agreement shall be governed by the laws of the State of California.

IN WITNESS WHEREOF, the parties have executed this Agreement which shall be effective upon approval by the City Council.

CITY OF BERKELEY
By
_
Hon. Jesse Arreguin,
Mayor

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94 Resolution No. Page 2 of 3

KATHERINE J. LEE
By _
Katherine J. Lee

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CITY OF BERKELEY
Approved as to form:

By _
Farimah Faiz Brown,
City Attorney

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96 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 28, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of May 5 (closed and special), May 10 (regular), May 17 (closed), May 24 (regular) and May 31 (regular).

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

1. May 5, 2022-Closed Council Meeting

2. May 5, 2022-Special Council Meeting

3. May 10, 2022-Regular Council Meeting

4. May 17, 2022-Closed Council Meeting

5. May 24, 2022-Regular Council Meeting

6. May 31, 2022-Regular Council Meeting

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97 Thursday, May 5, 2022 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
THURSDAY, MAY 5, 2022
3:30 P.M.

JESSE ARREGUIN, MAYOR
Councilmembers:

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

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/88320965147. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free); enter Meeting ID: 883 2096 5147.

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

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

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

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98 Thursday, May 5, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 3:35 p.m.

Present: Kesarwani, Wengraf, Robinson, Droste, Arreguin

Absent: Taplin, Bartlett, Harrison, Hahn
Councilmember Hahn present at 3:48 p.m.

Councilmember Taplin present at 3:48 p.m.

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

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

1. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6

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

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

Action: No reportable action taken.

2. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
a. Secure Justice v. City of Berkeley; Case No. 21CV003630 Action: Item removed from the agenda by the City Attorney.

OPEN SESSION:

No reportable action.

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

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

Councilmember Droste absent at 3:56 p.m.

Adjourned at 3:58 p.m.

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99 Thursday, May 5, 2022 MINUTES Page 3
I hereby certify that the foregoing is a true and correct record of the closed session meeting held on May 5, 2022.
________________________
Mark Numainville, City Clerk
This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable emergency Executive Orders issued by the Governor. Any member of the public may participate in the public comment portion of this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900.

NOTICE CONCERNING YOUR LEGAL RIGHTS: If you object to a decision by the City Council to approve or deny an appeal, the following requirements and restrictions apply: 1) Pursuant to Code of Civil Procedure Section 1094.6 and Government Code Section 65009(c)(1)(E), no lawsuit challenging a City decision to deny or approve a Zoning Adjustments Board decision may be filed and served on the City more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90-day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a Zoning Adjustments Board decision, 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.

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

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (510) 981-6346(V) or (510) 981-7075 (TDD) at least three business days before the meeting date.

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100

Thursday, May 5, 2022 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Thursday, May 5, 2022
6:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

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

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx or http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/81580825926. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 815 8082 5926. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

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Thursday, May 5, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:03 p.m.

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

Absent: Kesarwani, Taplin
Councilmember Taplin present at 6:04 p.m.

Councilmember Kesarwani present at 6:13 p.m.

Action Calendar – New Business
Action: M/S/C (Arreguin/Harrison) to add the urgent item from Councilmember Robinson to the agenda and make the required findings under the Government Code.

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

Urgency Item: Resolution Supporting the Reintroduction of a Mask Mandate on AC Transit
From: Councilmember Rigel Robinson, Mayor Jesse Arreguin Recommendation: Adopt a Resolution calling on the AC Transit Board of Directors to reconsider its decision and readopt a mask mandate for the AC Transit system, and calling on the health officers of Alameda, Contra Costa, San Mateo, Santa Clara, and San Francisco to mandate mask wearing on all public transit systems.

Action: 4 speakers. Councilmembers Wengraf and Harrison added as co-sponsors.

M/S/C (Robinson/Arreguin) to adopt Resolution No. 70,333-N.S. calling on the AC Transit Board of Directors to reconsider its decision and readopt a mask mandate for the AC Transit system, and calling on the health officers of Alameda, Contra Costa, San Mateo, Santa Clara, and San Francisco to mandate mask wearing on all public transit systems.

Vote: All Ayes.

Action: M/S/C (Robinson/Arreguin) to adopt a temporary rule to set the speaker time at one-minute per speaker.

Vote: All Ayes.

Action: M/S/C (Robinson/Wengraf) to accept supplemental material from Councilmember Droste.

Vote: All Ayes.
1a. Fulfilling the Promise of Berkeley’s Reimagining Public Safety Initiative:

Recommendations for a Comprehensive, Phased Approach
From: Mayor Arreguin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Hahn (Co-Sponsor)

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102

Action Calendar – New Business
Thursday, May 5, 2022 MINUTES Page 3
Recommendation:

To continue the study and implementation of a comprehensive, new approach to public safety and policing in Berkeley, responsive to the City Council’s unanimous July 14, 2020 direction for a transformative approach to community-centered safety with equitable investment in the essential conditions of a safe and healthy community:

1. Refer up to $5.3 Million to the FY 2023-2024 Budget Process for staff and/or consulting services and community investments to complete the Priority Reimagining Public Safety Initiatives listed in Attachment 1, Section A to the report.

2. Direct the City Manager to prioritize over the next two years the programmatic recommendations for Phase 1 of Reimagining Implementation listed in Attachment 1, Section B to the report.

3. Direct the City Manager to initiate a design process for an innovative and comprehensive public safety agency or Department of Community Safety within the City of Berkeley administration, as outlined in Attachment 1, Section C to the report, and return with recommendations to the City Council by May 2024 to align with the FY 25-26 Biennial Budget process.

4. Except where resources may allow for expedited implementation, refer additional reforms to the FY 2025-2026 Biennial Budget as outlined in Attachment 1, Section D to the report.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: M/S/Failed (Droste/Wengraf) to adopt the proposal submitted by Councilmembers Droste, Taplin, Wengraf, and Kesarwani.

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

Action: 56 speakers. M/S/Carried (Arreguin/Harrison) to approve Item 1a from Mayor, Bartlett, Hahn and Harrison, with the following amendments:
1) to refer the budget process the City Manager’s Police re-staffing proposal as presented in the City Manager Reimagining Public Safety Report. (181 positions, with 5 deferred)
2) refer to the budget process the proposed Dispatch positions in the amount of $926,710 (4 Dispatch Positions, 1 Supervisor)
3) Refer to fully fund the Office of Race, Equity and Diversity in the amount of $479,540
4) As part of permanent decision on an SCU in FY 25-26, evaluate bringing the program internally within the City organization to be staffed by City of Berkeley staff, including exploring medical and mental health models and also refer for consideration a community paramedicine model similar to the MIP launched by the Berkeley Fire Department, in addition to all other ideas.

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Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Arreguin; Noes – Kesarwani, Droste.
1b. Response to Reimagining Public Safety Recommendations From: Councilmember Taplin (Author)
Recommendation:

1. Adopt the City Manager’s April 2022 recommendations for Reimagining Public Safety with the following revisions, and;

2. Refer to the City Manager’s office establishment of an Office of Racial Equity to aid in the implementation:

Policy Recommendation amendments
-“Implement the Specialized Care Unit Pilot using all of the recommendations of the consultant and the SCU Steering Committee as a road map”; Add: with regular review of performance metrics and service evaluations.
-“Continue to plan for a civilian traffic enforcement unit, both by informing the content of state law changes to enable such a unit, and by developing an implementation plan once state law does change”; Revise: Conduct a feasibility analysis of a non- sworn auxiliary traffic enforcement unit, including comprehensive analysis of any and all traffic violations and dangerous road behavior that may be safely addressed entirely by a civilian unit.
-“Approve a new Vision Zero staff position in Public Works’ Division of Transportation to conduct collision analysis”; Add: and to study extent of feasibility and scope of potential civilian enforcement pilot, implementation of Vision Zero and Berkeley Department of Transportation and Infrastructure department structuring models to advance engineering-first solutions to traffic safety with a racial justice and social equity lens.
-“Develop additional capabilities to address public safety goals with appropriate response level”; Revise: Develop additional capabilities to address root causes of crime and violence, including reduction of poverty and recidivism through a Guaranteed Income pilot program and City employment opportunities for formerly incarcerated individuals, and locally-based Crisis Stabilization. In addition, the City Manager’s Office, and subsequently an Office of Racial Equity as appropriate, shall periodically report on performance metrics, administrative capacity, and fiscal sustainability for partnering CBOs and other NGOs performing violence prevention services, mental health crisis responses, and any other services under the auspices of Reimagining Community Safety.

Budget Recommendation amendments
-Consulting services - $650k amended to: Office of Racial Equity Associate Management Analyst (1) to oversee a Guaranteed basic income pilot, city employment opportunities for formerly incarcerated, and support position (1) to conduct structural assessment and administrative capacity building for CBO partners- $480k; Consulting services for Priority Dispatch, Call Data Analysis for Crisis Stabilization - $170k.
-Add: Vision Zero analyst - $200k
Financial Implications: See report
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: See action noted in Item 1a.

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Action Calendar – New Business
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1c. Discussion and Possible Action on Budget Referrals and Direction on Reimagining Public Safety including Consideration of the Recommendations of the National Institute for Criminal Justice Reform (NICJR), Reimagining Public Safety Task Force, and City Manager’s Report on Reimagining Public Safety (Materials from April 21, 2022 and March 10, 2022 meetings.) Recommendation: Discuss and provide direction on recommendations to transform public safety and policing in Berkeley.

Action: No action taken.

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

Vote: All Ayes.

Adjourned at 9:58 p.m.

I hereby certify that the foregoing is a true and correct record of the special session meeting held on May 5, 2022.
________________________
Mark Numainville, City Clerk
Communications
Discussion and Possible Action on Budget Referrals and Direction on Reimagining Public Safety including Consideration of the Recommendations of the National Institute for Criminal Justice Reform (NICJR), Reimagining Public Safety Task Force, and City Manager’s Report on Reimagining Public Safety Fulfilling the Promise of Berkeley’s Reimagining Public Safety Initiative:

Recommendations for a Comprehensive, Phased Approach
Response to Reimagining Public Safety Recommendations

1. Clara de Martel

2. Brian Hinch

3. Sara Beth Hoffman

4. Collin Thormoto

5. Sunny Smith

6. Kelsey Reid

7. Liz Wagstaffe

8. Sarah Openheim

9. Jessica Stern

10.Mary-Lee Smith

11.Diana Bohn
Supplemental Communications and Reports 1

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 None
Supplemental Communications and Reports 2
1a. Fulfilling the Promise of Berkeley’s Reimagining Public Safety Initiative:

Recommendations for a Comprehensive, Phased Approach
1b. Response to Reimagining Public Safety Recommendations 1c. Discussion and Possible Action on Budget Referrals and Direction on Reimagining Public Safety including Consideration of the Recommendations of the National Institute for Criminal Justice Reform (NICJR), Reimagining Public Safety Task Force, and City Manager’s Report on Reimagining Public Safety

12.Supplemental material for 1a, submitted by Councilmember Droste, Kesarwani, Taplin and Wengraf

13.69 similarly-worded form letters (Critical to the safety of our community)

14.24 similarly-worded form letters (Unfreeze the BPD)

15.Jean Tepperman

16.Raye Kahn

17.Susan Payne

18.Robin

19.Barbara Freeman

20.Antony Lepire

21.Michael Lewis

22.Ellen Goldblatt

23.Ann Krooth

24.David Biale

25.Rod Richardson

26.John Rice

27.Cynthia Larson

28.Dave Kent

29.Joann Driscoll

30.John Chater

31.Barbara Cohn

32.Les Guliasi

33.Susan Nunes

34.Rachel Biale

35.Darya Kavitskaya

36.Ryn Singley

37.Doug Kidder

38.Julie Elis

39.Katherine Brown

40.Mary Stats

41.David Browne

42.Natalie Leimkuhler

43.Naomi Pearce

44.David Feiten

45.Matt Jarvis

46.John Damonte

47.Don Ichino

48.Michael Parman

49.Mary B

50.William Foley

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51.Fran Haselsteiner

52.Eric Haesloop

53.Crystal Brunzell

54.Teresa Clarke

55.Kyra Subbotin

56.Barbara Gross Davis

57.Jeff and Laurin Vincent

58.Marlon Maus

59.Nathan Francis

60.Jesse Arreguin, Mayor (2)

61.David Glenn

62.Katherine Young

63.Christopher Horgan

64.Patricia Adler

65.Anna Urrea
Supplemental Communications and Reports 3

66.Presentation, submitted by Mayor Arreguin

67.Supplemental material, submitted by Councilmember Droste

68.102 similarly-worded form letters (Critical to the safety of our community)

69.51 similarly-worded form letters (Unfreeze the BPD)

70.David Glenn and Karen Fagerstrom

71.Elizabeth Jordan

72.Alice Feller (2)

73.Kitt Saginor

74.Elizabeth Ferguson

75.Micahel Katz

76.Rhoda Alvarez

77.Sabinadale

78.Geoff Lomax

79.Lucinda Reinold

80.Cat Zavis

81.Elizabeth Snowden and Charles Smith

82.Jeremy Lent

83.Jennifer Dix

84.Alicia Moore

85.Mark Rhoades

86.Ellen Archilla

87.Dan Brown

88.Mary Thomas

89.Michael Frantz

90.Joan Garvin

91.Patty Brink

92.James T. Nelson

93.Michael Richards

94.Laura Louis

95.Rosalyn and Thomas Jamison

96.Michael Scandling

97.Katya Stoakes

98.Elana Auerbach

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99.Don Hubbard
100. Sharon Solkowitz and Bob Iding
101. Jeanne Courtney
102. Ted Obbard
103. Gail Machlis
104. Hillary Worthen
105. Marsha Weintraub and Stuart Hellman
106. Mori Costantino
107. Lori Berlin
108. Nancy Rader
109. Vanessa Moraga
110. Ariel Lev
111. Stanley Goldberg
112. Tam Crane
113. Rob Yohai
114. Steven Castleberry
115. Richard King
116. Rae Tau
117. Mark Son-Bell
118. Jack Kurzweil
119. Richard Van Sluyters
120. Robert Dixon
121. Charles Benton
122. Marc Pilsuk
123. Elb Souders
124. William Springer
125. Jane Scantlebury
126. Donald Rothberg
127. Paku Khan
128. Seena Hawley
129. Lura Dolas
130. Corinne Allen
131. Jenny Wenk
132. Wende Micco
133. Fred Krieger
134. Sherri Forever
135. Sally Nelson
136. Barbara Freeman
137. Barbara O’Hay
138. Isabelle Gaston
139. Wayne Huber
140. Joshua Schnoll
141. Richard Hiersch
142. Julianna Dickey
143. Katherine Pope
144. Josh Buswell-Charkow
145. Mariam Nathanson
146. Bessie Chin
147. Amanda Mozes
148. Wynd Kaufmyn
149. Katherine Bierce

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150. Holly Scheider
151. Steve Scholl
152. Peter Lyndon
153. Shmuel Weissman
154. Peter Maag
155. Marjorie Winter
156. Paula Buel
157. Sara Gray
158. Jim Rosenau
159. Mary Ann Meany
160. Kevin Kelly
161. Patricia Kelly
162. Mark Lemkin
163. Fredda Cassidy
164. Ian Fraser
165. Scott Straus
166. Bruce Feingold
167. Kitty Calavita
168. Kristin Balder-Froid
169. Carlos Hill and Family
170. Dan Leaverton
171. JoAnn Lorber
172. Karima Cammell
173. Malcolm Ishida
174. Mary MacCready
175. Varun Paul
176. Lane McNab
177. Dana Bohn
178. Sunny Yoon
179. Joan Hamilton
180. George Torgun
181. Patrick Golier
182. Irene Brydon
183. Liza Lutzker, on behalf of Walk Bike Berkeley
184. Norm Vance
185. Sharon Rudnick
186. Matt Siefker
187. Debra Sanderson
188. Wendy Haven
189. Penny Dedel
190. Jennifer Wilks
191. David Schorr
192. Jake Teitelbaum
193. Aviva Gilbert
194. Aran Kaufer
195. CDN
196. Richard Bunce
197. Abbe Kalos
198. Gail Greenwood
199. John Gilbert
200. Margot Smith

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201. Gaetan Micco
202. Antonia Sherry Nunez
203. CC Miksza (2)
204. Clyde Zhang
205. John Gilbert
206. Barbara Rydlander
207. Jane Musser
208. Jerry Skrainar
209. Alison and Avery Huetter
210. Matt Jacobs
211. John V.
212. Sondra Schlesinger
213. Andree Jones
214. Erick Allman
215. S. Entwistle
216. Kathy Skrainar
217. Michael O’Hare
218. Rivka Polanick
219. Jed Waldman
220. Steve Kromer
221. Justin Lee
222. Alan Block
223. Eric Angress
224. Tim Kingston
225. Eugene Bolotin
226. Terry Toczynski
227. Pat Reilly
228. Christian Rauh
229. Harald Leventhal
230. Judy Dale
231. Blair Dean
232. Adolfo Cabral
233. Lorenzo Avila
234. Kathleen Curran
235. Meryl Siegal
236. Diane Tokugawa
237. Wendy Alfsen
238. Alan Pearson
239. Denny Abrams
240. Jack & Sherry Delo
241. Ernie Mansfield
242. E. Anne Griffiths
243. Ann Rogers
244. Debbie Perkins-Kalama
245. Barrie Brouse
246. Susan Whitman
247. Joan Guilford
248. Jeffrey Heller
249. Ken Berland
250. Tamara Birdsall
251. Mary-Lee Kimber Smith

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252. David Skolnick
253. Todd Andrew
254. Dennis Mulqueeney
255. Charley Vallejo-Anderson
256. Doug Lindsey
257. Bob Hatheway
258. Nicole Shelby
259. Rhoda Alvarez
260. Janice Schroeder
261. Bill Press
262. William Goldsmith
263. Lynda Caesara
264. Audrey Burnam
265. Christopher Kohler
266. Beatriz Leyva-Cutler
267. Peter DiMaria
268. Igor Tregub
269. Sylvia Chapman
270. Dev and Harinder Dhanoa
271. Bruce Brody
272. Tim Daniels
273. Jason Martens
274. Anne Smith
275. Flora Lewis
276. Laura Schmidt
277. May Kandarian
278. MJ Baumann
279. Moni Law (2)

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Tuesday, May 10, 2022 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, May 10, 2022
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

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

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

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

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx or
http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/87240656157. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 872 4065 6157 . If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

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

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

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Preliminary Matters
Roll Call: 6:06 p.m.

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

Absent: Kesarwani, Taplin
Councilmember Kesarwani present at 6:10 p.m.

Councilmember Taplin present at 6:11 p.m.

Ceremonial Matters:

1. Recognition of May as Affordable Housing Month

2. Recognition of Cal Scholars to Berkeley – Stiles Hall City Manager Comments:

The City Manager introduced and showed a new recruiting video for the Fire Department.

Public Comment on Non-Agenda Matters: 10 speakers.

Action: M/S/C (Arreguin/Robinson) to adopt a temporary rule to set the public speaker time at one minute per speaker.

Vote: All Ayes.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 34 speakers.

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

Vote: All Ayes.

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

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted second reading of Ordinance No. 7,808–N.S.

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

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

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

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted second reading of Ordinance No. 7,809–N.S.

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

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,810–N.S.

4. Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference
From: City Manager
Recommendation: Adopt a Resolution making the required findings pursuant to Government Code Section 54953(e)(3) and determining that as a result of the continued threat to public health and safety posed by the spread of COVID-19, City legislative bodies shall continue to meet via videoconference and teleconference, initially ratified by the City Council on September 28, 2021, and subsequently reviewed and ratified on October 26, 2021, November 16, 2021, December 14, 2021, January 10, 2022, February 8, 2022, March 8, 2022, March 22, 2022, and April 12, 2022.

Financial Implications: To be determined.

Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,334–N.S.

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5. Resolution Reviewing and Ratifying the Proclamation of Local Emergency Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19)
From: City Manager
Recommendation: Adopt a Resolution reviewing the need for continuing the local emergency due to the spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19) and ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services on March 3, 2020, initially ratified by the City Council on March 10, 2020, and subsequently reviewed and ratified by the Council on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, and March 22, 2022.

Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,335–N.S.

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

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

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

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

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

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 70,336–N.S. (Calling the Election), and Resolution No. 70,337–N.S. (Ballot Measure).

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

Financial Implications:

Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Adopt first reading of Ordinance No. 7,811–N.S. as revised in Supplemental Communications Packet #1 to make various appropriation adjustments. Second reading scheduled for May 24, 2022.

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8. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on May 10, 2022
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $964,022
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

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

Financial Implications: Measure FF - $250,000
Contact: Abe Roman, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,338–N.S.

10. Contract: Shaw Industries, Inc. for 1900 6th Street Building Carpet Replacement Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Pursuant to City Charter Article XI Section 67.2 requirements, accepting the California Multiple Award Schedule bid procedures; 2. Approving the California Multiple Award Schedule Contract with Shaw Industries, Inc. for Carpet Replacements at the 1900 6th Street building. 3.

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

Financial Implications: Measure GG Fire Prevention Fund - $121,133 Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Item 10 removed from the agenda by the City Manager.

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

Financial Implications: General Fund - $17,808
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,339–N.S.

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

Financial Implications: Fund Raising Activities Fund - $54,167 (donation) Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,340–N.S.

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

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,341–N.S.

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

Financial Implications: Camps Fund - $66,450
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,342–N.S.

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

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,343–N.S.

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

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,344–N.S. (Contract No. 32000284 with BASE), Resolution No. 70,345–N.S. (Contract No. 32100002 with PGA), and Resolution No. 70,346–N.S. (Contract No. 32000285 with RRM).

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

Financial Implications: State Proposition 172 Fund - $500,000 Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 70,347–N.S.

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Consent Calendar
Tuesday, May 10, 2022 MINUTES Page 9

18. Public Art Funding for Municipal Capital Improvement Projects Ordinance; Adding Berkeley Municipal Code Chapter 6.13
From: Civic Arts Commission
Recommendation: Adopt first reading of an Ordinance adding Chapter 6.13 Public Art Funding for Municipal Capital Improvement Projects of the Berkeley Municipal Code to provide for the allocation of one and three quarters percent (1.75%) of the estimated cost of construction associated with eligible municipal capital improvement projects, which shall be used for art and cultural enrichment of public buildings, parks, streets, and other public spaces in the City of Berkeley Financial Implications: See report
Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530 Action: Adopt first reading of Ordinance No. 7,812–N.S. Second reading scheduled for May 24, 2022.

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

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

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

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

Council Consent Items

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

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,348–N.S.

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

Financial Implications: Mayor's Discretionary Funds - $20,000 Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Councilmember Harrison added as a co-sponsor. Adopted Resolution No. 70,349–N.S.

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

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

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

Financial Implications: Housing Trust Fund - $300,000
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,350–N.S.

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

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

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

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

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

Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Adopted Resolution No. 70,351–N.S.

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

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

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

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

Financial Implications: $120,000
Contact: Lori Droste, Councilmember, District 8, (510) 981-7180 Action: Approved recommendation as revised in Supplemental Communications Packet #2 by Councilmember Droste to reduce the request to $60,000 in response to the Director of Police Accountability’s budget request for a similar purpose.

Action Calendar – Public Hearings

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

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

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Moved to the Consent Calendar to refer the item to the City Manager, Police Accountability Board, and the City Attorney, and request that the item return to the City Council at the June 14, 2022 meeting.

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Tuesday, May 10, 2022 MINUTES Page 13

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

Financial Implications: See report
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000; Liam Garland, Public Works, (510) 981-6300
Action: Moved to Consent Calendar. Adopted Resolution No. 70,352–N.S.

Action Calendar – Old Business

32. Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code (Continued from April 26, 2022. Item contains revised and supplemental materials.) From: City Manager
Recommendation: Adopt a Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code.

Financial Implications: None
Contact: Jennifer Louis, Police, (510) 981-5900, LaTanya Bellow, City Manager's Office, (510) 981-7000
Action: Moved to Consent Calendar. Adopted Resolution No. 70,353–N.S. including corrections from the City Manager included with the item.

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

Financial Implications: None
Contact: Liam Garland, Public Works, (510) 981-6300
Recess 8:19 p.m. – 8:35 p.m.

Action: M/S/C (Arreguin/Robinson) to suspend the rules and extend the meeting to 11:30 p.m.

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to suspend the rules and extend the meeting to 12:00 a.m.

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to suspend the rules and extend the meeting to 12:10 a.m.

Vote: All Ayes.

Action: M/S/C (Kesarwani/Arreguin) to suspend the rules and extend the meeting to 12:18 a.m.

Vote: All Ayes.

Action: 52 speakers. M/S/C (Hahn/Arreguin) to: 1) adopt Resolution No. 70,354– N.S. approving the conceptual design for the Hopkins Corridor Project on Hopkins Street between Sutter Street and Gilman Street, and directing the City Manager to proceed with the detailed engineering design of the project including the portion from Sacramento to Gilman; 2) adopt the supplemental item from Councilmember Hahn as written with the inclusion of Councilmember Kesarwani’s supplemental as a referral to the City Manager; 3) request staff to return to Council at a date in October 2022 for final approval of the extension to San Pablo Avenue, with at least two community meetings conducted by the City; 4) evaluate the installation of a traffic signal at Hopkins and Monterey; 5) conduct more outreach to business owners with the Office of Economic Development, Transportation Division and the Landscape Architect.

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

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Information Reports
Tuesday, May 10, 2022 MINUTES Page 15

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

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

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

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

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

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

Adjournment
Adjourned at 12:18 a.m.

I hereby certify that the foregoing is a true and correct record of the regular session meeting held on May 10, 2022.
________________________
Mark Numainville, City Clerk
Communications
Item #31: Vision 2050: Strategic Asset Management Plan and Asset Management Policy

1. Claudia Kawczynska

2. Anna Gazdowicz and Jeffrey Faden

3. Juliette Tinnus

4. Lisa Woo

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Tuesday, May 10, 2022 MINUTES Page 16

5. Rachel Zisook

6. Sandra Reisman

7. Kris Jones

8. Mira Stein

9. Kester Allen

10.Elliott Schwimmer

11.Kelly Zito

12.Minda Berbeco

13.Claire Heinzelman

14.Arabelle Malinis

15.Naoimi Marks

16.Jennifer Shanoski

17.Eric Wiesner

18.Cameron Woo

19.Rena Fischer
Berkeley Marina Area Specific Plan (BMASP)

20.Peter Kuhn

21.Rachel Bradely

22.Loren Chuse

23.Mary Foley

24.Mary Law

25.Merrill Gillaspy

26.Debra Golata and Jon Harris

27.Janet Cole

28.John Haptas

29.Daven Gee

30.Jan Ruchlis

31.Sue Sheftel

32.Judith Thomas

33.Carol Cohen

34.Joyce Kwok

35.Deborah Abraham

36.Emilie Keas
Smart Spaces

37.Sabina McMurty

38.Janet Perlman

39.Felice Botts

40.Jane Hunter

41.Vivian Warkentin
Building Electrification

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

43.Andrea Mullarkey, on behalf of SEIU 1021
Public Safety/Police

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Tuesday, May 10, 2022 MINUTES Page 17

44.Robin Kibby

45.Shmuel

46.Stephanie Gonye

47.Steve Martinot

48.Moni Law

49.Eric Friedman
Earth Day

50.David Lerman

51.Jeanine Sidran
Housing at Ashby and/or North Berkeley BART

52.Tom Luce

53.Richard Laden

54.Million Skoda

55.Vicki Sommer

56.Avram Gur Arye

57.Robin Andrae

58.Lynn Cooper

59.Kevin James

60.Miranda Ewell

61.T. Anne Richards

62.Eileen Hughes

63.William Goldsmith
Paving Berkeley Roads

64.John Rea

65.Linda Franklin
California Theater Landmark Status

66.Brooke Bortner

67.Michael Fullerton (2)

68.Keith Cowling
Eviction Moratorium

69.Harry Pollack
Berkeley Housing Element

70.Sid Kapur
Tenants Opportunity to Purchase Act (TOPA)

71.Ira Serkes

72.Aaman Mengis
Fair Housing

73.Annya Maksey

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Tuesday, May 10, 2022 MINUTES Page 18
Bus Service

74.D. Resek
Fire Danger and ADU’s

75.Steven Wolan
Downtown Berkeley Budget Request

76.Rodd Lee, on behalf of BART
Peace & Justice Commission Reorganization

77.Tom Luce
Yassir Chadly Lifetime Pool Pass

78.Donna Mickleson
Supplemental Communications and Reports 1
Item #7: Amendment: FY 2022 Annual Appropriations Ordinance

79.Revised material, submitted by the City Manager’s Office Item #31: Vision 2050: Strategic Asset Management Plan and Asset Management Policy

80.47 similarly-worded form letters

81.Claire Heinzelman

82.Laralynn Rapoza

83.Gael Alcock

84.Mara Guccione

85.Max Wechsler

86.Sara Pierre
Item #33: Hopkins Corridor Project Conceptual Design

87.Supplemental material, submitted by Councilmember Kesarwani

88.Ajideh Mary

89.Bianca Walser

90.Howard Goldberg

91.Cindi Goldberg

92.Ruby Songster

93.Donna Dediemar

94.Jordan Roberts
Supplemental Communications and Reports 2
Item #7: Amendment: FY 2022 Annual Appropriations Ordinance

95.Diana Bohn
Item #13: 2022 Local Housing Trust Fund Application

96.Bill Bogert

97.Diana Bohn

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Tuesday, May 10, 2022 MINUTES Page 19
Item #21: Support SB 1173 – Divestment from Fossil Fuels

98.MaryAnn Furda
Item #28: Budget Referral for Charter Officer Performance Review

99.Supplemental material, submitted by Councilmember Droste Item #30: Police Equipment & Community Safety Ordinance Impact Statements, Associated Equipment Policies and Annual Equipment Use Report 100. Wendy Allen
Item #31: Vision 2050: Strategic Asset Management Plan and Asset Management Policy
101. Joe Rapoza
102. Bridget Hughes
103. Amy Callaway
104. Sarah Carson
105. Charles Flores
106. Lawrence Grown
107. Sari Hale-Alper
108. Ariana Thompson-Lastad
109. Tracy Dooley
Item #32: Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal 110. Christopher Horgan
Item #33: Hopkins Corridor Project Conceptual Design
111. Supplemental material, submitted by Councilmember Hahn 112. Pauline Wong
113. Christine Harkin
114. Melissa Little
115. Theresa Malki
116. Rachel Bradley
117. Bill Hickman
118. Kara Slack
119. Stuart Cohen
120. Marilyn Simmons
121. Angela
122. Shelia Van
123. Dick Mallory
124. beverlychilton@
125. Cindy Shamban
126. Tony Corman
127. Keri Ferencz (2)
128. Aliza
129. Greg Shell
130. Bonnie Janora

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Tuesday, May 10, 2022 MINUTES Page 20
131. Celia Shryne
132. Anthony D’Agostino
133. Chris Hamilton
134. Sandy Steinman
135. Alison de Runtz
136. Kenny Yip
137. Diane Garcia
138. Elayne & Michael Isaacs
139. Sara Darmoni
140. Benjamin Darmoni
141. Councilmember Hahn (3)
142. Rachel Gold
143. Vita Wells
144. Zelda Bronstein
145. Friedner Wittman
146. Jennifer Winch
147. Emilo Marintez-Cordero
148. Diane Garcia
149. Alyssa Plese
150. Rachel Doughty
151. Harvey Varga
152. Shirly Issel
153. Bob Fabry
154. John Waldeisen
155. Mary Foley
156. Shannon Puckett
157. Ginny Preston
158. Gloria Elissha
159. Phil Sanders
160. Andy Coombs
161. Michael Tompkins
162. Emilo Martinez-Cordero
163. Mr. Walkers
164. Connie Cheung
165. Peter
166. Lori Copan
167. Susan Taylor
168. Patty Lipinska
169. Ben Gerhardstein, on behalf of Walk Bike Berkeley
170. Robion Kirby
171. Matthew Skinner
172. Loretta Janca
173. John Rea
174. Jamie Keller
175. Carol Lesh
176. Linda & Michael Harrington

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Tuesday, May 10, 2022 MINUTES Page 21
177. Charles Siegel
178. Marc Hedlund
179. Meg Holm
180. Contee Seely
181. Dahlia Armon
182. Anne Boersma (3)
183. Donna Dediemar (2)
184. 12 similarly-worded form letters
Supplemental Communications and Reports 3
Item #7: Amendment: FY 2022 Annual Appropriations Ordinance 185. Jean Tepperman
186. Igor Tregub, on behalf of the Sierra Club
Item #10: Contract: Shaw Industries, Inc. for 1900 6th Street Building Carpet Replacement Project
187. Goddess of the Hunt
Item #13: 2022 Local Housing Trust Fund Application
188. Isis Feral
189. Dave Pate
190. Murong Yao
191. Anna Macknick
192. Jorie Heilman
193. Jessica Takeda
194. Stephanie Thomas
195. Thomas Luce
196. Scout Olip-Booth
197. David Shiver
Item #21: Support SB 1173 – Divestment from Fossil Fuels 198. Laura Rosenberger-Haider
Item #30: Police Equipment & Community Safety Ordinance Impact Statements, Associated Equipment Policies and Annual Equipment Use Report 199. Wendy Alfsen and Barb Atwell
Item #33: Hopkins Corridor Project Conceptual Design
200. Bev Hoffman and Deborah Merola
201. Lance Courtland
202. Heather Ball
203. Friedner Wittman
204. Patty Callihan
205. Helen Toy
206. Ruby Songster
207. Celia Ronis
208. Alison Gil

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Tuesday, May 10, 2022 MINUTES Page 22
209. David Socholitzky
210. Margaret Torn
211. Ben Gerhardstein, on behalf of Walk Bike Berkeley
212. Joy Chiu
213. Laura Klein
214. Jean Allen
215. Christen Rosen
216. Laeeq Evered
217. Leera Rahman and Mark Guzman
218. Janet Coleman
219. Mary Lou Allen
220. Elise Wong
221. Nina Ichikawa
222. Melinda Paras
223. Diane Estes
224. Jesse Peoples
225. Dina and Franck Pecceu
226. Stacey Rutherford
227. Meg Holm (2)
228. Susan Amdur
229. Jessica Blome
230. Jane Fujii
231. Todd Andrew
232. Jules Milner-Brage
233. Councilmember Hahn (9)
234. Donna DeDiemar
235. Michele Trahan (2)
236. Christopher Kohler
237. Andrew Yeskoo
238. Laurel Halvorson
239. Bill Marthinsen
240. Julie Cole
241. Marek Kanter
242. Frances Larson
243. Martin Hammer and Miriam Shipp
244. Danie Newman
245. Mike McGee
246. Margit Roos-Collins
247. glomax@

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Thursday, May 17, 2022 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
TUESDAY, MAY 17, 2022
3:00 P.M.

JESSE ARREGUIN, MAYOR
Councilmembers:

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

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this https://us02web.zoom.us/j/86490263695. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free); enter Meeting ID: 864 9026 3695.

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

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

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Thursday, May 17, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 3:07 p.m.

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

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

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

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
a. Kantorova v. City of Berkeley; Alameda County Superior Case No. RG20064752 Action: No reportable action taken.
b. Carlson v. City of Berkeley; Alameda County Superior Case No. RG20061999 Action: No reportable action taken.

2. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a) and 54956.9(d)(1)
a. Workers Compensation Appeals Board Case Number: ADJ14647128 Action: M/S/C (Hahn/Wengraf) to provide direction to outside counsel and approved a settlement by Compromise and Release, or else in the alternative by stipulated award of permanent disability with Award of lifetime future medical care, as to workers’ compensation matters WCAB Case Number: ADJ14647128.

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

OPEN SESSION:

City Council met in closed session on May 17, 2022, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a settlement by Compromise and Release, or else in the alternative by stipulated award of permanent disability with Award of lifetime future medical care, as to workers’ compensation matters WCAB Case Number: ADJ14647128.

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

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

Adjourned at 3:38 p.m.

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I hereby certify that the foregoing is a true and correct record of the closed session meeting held on May 17, 2022.
_________________________
Mark Numainville, City Clerk

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Tuesday, May 24, 2022 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, May 24, 2022
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

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

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

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

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/84636500260. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 846 3650 0260.

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

Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

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

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

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Tuesday, May 24, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:06 p.m.

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

Absent: None
Report from Closed Session
City Council met in closed session on May 17, 2022, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a settlement by Compromise and Release, or else in the alternative by stipulated award of permanent disability with Award of lifetime future medical care, as to workers’ compensation matters WCAB Case Number: ADJ14647128.

Ceremonial Matters:

1. Moment of Silence and Adjournment in Memory of the 18 children murdered by gun violence in Uvalde, Texas
City Manager Comments: None
Public Comment on Non-Agenda Matters: 10 speakers.

Action: M/S/C (Arreguin/Taplin) to accept an urgency item from Councilmember Harrison pursuant to Government Code Section 54954.2(b)(2) entitled Support for Full Funding of the Community Anti-Displacement and Preservation Program in the California Budget Act of 2022.

Vote: All Ayes.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 28 speakers.

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

Vote: All Ayes.

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Urgency Item: Support for Full Funding of the Community Anti-Displacement and Preservation Program in the California Budget Act of 2022 From: Councilmember Harrison (Author), Mayor Arreguin (Co-Sponsor) Recommendation: Send a resolution in support of full funding for the Community Anti- Displacement and Preservation Program in the state budget for the 2022-2023 fiscal year to Senator Skinner, Senator Kamlager, Assemblymember Ting, Assemblymember Carrillo, Assemblymember Wicks, Assemblymember Bloom, and Governor Gavin Newsom, and the California State Senate’s Standing Committee on Budget and Fiscal Review. The Community Anti-Displacement and Preservation Program will provide state funding for the acquisition and rehabilitation of unsubsidized affordable rental housing to prevent displacement and enable mission-oriented affordable housing developers to preserve these properties as permanently affordable homes.

Financial Implications: None
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Approved recommendation. Adopted Resolution No. 70,355-N.S.

1. Amendment: FY 2022 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,811-N.S. amending the FY 2022 Annual Appropriations Ordinance No. 7,795–N.S. for fiscal year 2022 based upon recommended re-appropriation of committed FY 2021 funding and other adjustments in the amount of $53,122,621 (gross) and $43,346,798 (net).

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Adopted second reading of Ordinance No. 7,811–N.S.

2. Public Art Funding for Municipal Capital Improvement Projects Ordinance; Adding Berkeley Municipal Code Chapter 6.13
From: Civic Arts Commission
Recommendation: Adopt second reading of Ordinance No. 7,812-N.S. adding Chapter 6.13 Public Art Funding for Municipal Capital Improvement Projects of the Berkeley Municipal Code to provide for the allocation of one and three quarters percent (1.75%) of the estimated cost of construction associated with eligible municipal capital improvement projects, which shall be used for art and cultural enrichment of public buildings, parks, streets, and other public spaces in the City of Berkeley
First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530 Adopted second reading of Ordinance No. 7,812–N.S.

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3. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on May 24, 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: $300,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

4. Donation from Berkeley Echo Lake Camp Association for Echo Lake Camp Youth Scholarships
From: City Manager
Recommendation: Adopt a Resolution to accept a cash donation of $10,000 from the Berkeley Echo Lake Camp Association (BELCA), for Echo Lake Camp youth scholarships.

Financial Implications: $10,000 in revenue.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,356–N.S.

5. Contract: Care Systems Inc. for an Electronic Scheduling Solution From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Care Systems Inc. to provide an Electronic Scheduling (E-Staffing) System for a three-year contract with an option to extend the contract for a two-year period for a maximum length of five years, for a total not to exceed $191,740.

Financial Implications: See report
Contact: Jennifer Louis, Police Department, (510) 981-5700 Action: Adopted Resolution No. 70,357–N.S.

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6. Proposal to Allocate Revenues Generated by the Transient Occupancy Tax in the Waterfront Area to the Marina Fund to Avoid Insolvency, Rebuild its Fund Balance and to Stabilize its Finances (Reviewed by the Budget & Finance Committee)
From: Parks and Waterfront Commission
Recommendation: That Council adopt a Resolution adopting a policy that all Transient Occupancy Taxes (TOT hotel tax) generated at the Berkeley Waterfront be allocated to the City’s Marina Enterprise Fund. All other property, sales, utility users, and parking taxes; as well as business license and franchise fees, would continue to be allocated to the City’s General Fund.

Policy Committee Recommendation: On April 28, 2022, the Budget & Finance Policy Committee took the following action: forward the item to Council with a qualified positive recommendation to consider as part of the budget process including the following amendments 1. that Public Works consider including trash pick-up at the Marina in the 218 process; 2. that the Marina Fund be excluded from road work repairs within the larger marina territory; and 3. that $1.5M be allocated from the General Fund to the Marina Fund for operating expenses in 2024.

Financial Implications: See report
Contact: Roger Miller, Commission Secretary, (510) 981-6700 Action: Approved recommendation of the Budget & Finance Committee.

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Council Consent Items
Tuesday, May 24, 2022 MINUTES Page 6

7. Budget Referral: Street Maintenance Funding to Prevent Further Deterioration of Pavement Condition to Save Tax Dollars and Our Streets (Reviewed by the Budget & Finance Committee)
From: Councilmember Kesarwani (Author), Councilmember Droste (Co- Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Wengraf (Co- Sponsor)
Recommendation: Refer to the FY 2022-23 budget process to establish a three- year plan (FY 2022-23 through FY 2024-25) to fully fund an adequate street paving budget that prevents further deterioration of the City’s pavement condition. At the end of the three-year period, the fiscal plan should allocate a minimum total of $8 million in additional ongoing annual General Fund—bringing the total street paving annual budget to at least $15.1 million—the minimum amount needed to maintain pavement condition, as identified by our Public Works Department.

We recommend that the City slightly exceed the $8 million General Fund need by contributing $3 million in ongoing funds in FY 2022-23, an additional $3 million of ongoing funds in FY 2023-24, and a final addition of $3 million in ongoing funds in FY 2024-25. This total of $9 million, in addition to the existing allocation of $7.3 million for annual street maintenance, will provide the City with about $1.2 million more than the minimum total of $15.1 million to account for inflation.

A three-year plan is suggested to give the City time to gradually enhance street paving resources, and annual inflation adjustments are recommended in out-years in order to ensure that maintenance funds remain adequate over time as construction costs rise. A dollar of maintenance early in a street’s life-cycle saves $8 later in the street’s life-cycle due to avoided rehabilitation and/or reconstruction costs associated with failing streets, making this budget request an urgent matter of fiscal oversight.

Policy Committee Recommendation: On April 19, 2022, the Budget & Finance Policy Committee sent the item to Council with a positive recommendation to: 1. Formally refer the item to FY 23-24 Biennial Budget Process; 2. State the Committee’s recommendation that the City Council prioritize available General Fund revenues to supplement the street paving budget to prevent further deterioration; 3. To recommend that Council consider this proposed approach to develop an expenditure plan for street paving; 4. Set a goal of allocating an additional $3-8 Million in ongoing General Fund revenues.

Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 Action: Approved recommendation of the Budget & Finance Committee.

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8. Budget Referral: Capacity Building for Merchant Associations in the Gilman and Lorin Districts
From: Councilmember Kesarwani (Author), Councilmember Bartlett (Co- Sponsor)
Recommendation: Referral to the City Manager and the FY 2022-23 Budget Process to provide one-time capacity building totaling $20,000 ($10,000 each) for the Gilman and Lorin District merchant associations to support economic development in their respective commercial areas. Distribution of funds should be contingent upon the following criteria: (a) Establishment of representative community advisory boards reflecting the diversity of businesses, agencies, nonprofits and resident stakeholders who could function as the leadership entity for fund management; (b) Obtainment of merchant associations’ non-profit status; or partnership with an existing entity to enable fiscal sponsorship until nonprofit status is obtained; and (c) Requirement to use the funds within two years or risk having to return them.

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

9. Urge the AC Transit Board of Directors to Restore and Expand on Pre- Pandemic Transbay Bus Service and Bus Service to the Berkeley Hills From: Councilmember Taplin (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Robinson (Co-Sponsor) Recommendation: Send a letter to the AC Transit Board of Directors urging the restoration and expansion of transbay and Berkeley Hills bus service.

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

10. Budget Referral and Updated Guidelines and Procedures for City Council Office Staff Expenditures
From: Councilmember Bartlett (Author), Councilmember Robinson (Co- Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Taplin (Co- Sponsor)
Recommendation: Refer to the Budget and Finance Committee to consider updates to the guidelines and procedures for City Council office budget expenditure accounts with regards to City Council staff salaries and fringe benefits expenditures and an accompanying Budget Referral of approximately $1,226,619.52 for the FY 22-23 June Budget process.

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

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11. Budget Referral: Fund Behavioral Health, Crisis Response, and Crisis-related Services Needs and Capacity Assessments
From: Councilmember Harrison (Author)
Recommendation: Refer to the FY 23 and FY 24 Annual Budget Process $100,000 to provide Health, Housing & Community Services Department and Berkeley Fire Department the means study or hire a consultant(s) to:

1. Conduct a service needs assessment based on 911 and non-911 calls for service, dispatch, and response, to address the needs of Berkeley people with behavioral health issues and/or are unhoused using computer aided dispatch (CAD) or other data from the Berkeley dispatch, other dispatch agencies, BPD, BFD, and any other relevant data during the COVID pandemic from at least March 2020 through the present; and

2. Conduct a capacity assessment of crisis response and crisis-related services available to Berkeley people in Berkeley and Alameda County, including but not limited to with respect to the Specialized Care Unit (SCU), respite, and sobering centers.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Approved recommendation as revised Supplemental Communications Packet #1 from Councilmember Harrison.

12. Resolution in Support of SB 379: the Solar Access Act From: Councilmember Harrison (Author), Mayor Arreguin (Author), Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Send a letter of support for SB 379 (Wiener) - Residential solar energy systems: permitting, to Senators Wiener and Skinner, Assemblymember Wicks, and Governor Newsom. To increase the number of homes installing safe solar energy systems, Senate Bill 379, the Solar Access Act, would mandate jurisdictions above a certain population size to provide an online instant solar permitting process, like SolarAPP+, for residential solar and solar-plus-storage systems.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 70,358–N.S.

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13. Referral to the Budget and Finance Policy Committee and Budget Referral to Consider General Fund Strategies and Related Fiscal Policies for Funding Capital Improvements, in Particular Street, Sidewalk, Micromobility and Transit Infrastructure (Reviewed by Budget & Finance Policy Committee) From: Councilmember Harrison (Author)
Recommendation:

1. Refer to the Council Budget and Finance Policy Committee to explore specific options for improving how and to what extent the City’s Capital Improvement Program (CIP) is funded, to include but not limited to the following potential strategies: (a). investigate historic assumptions and policies regarding secured- property and transfer tax revenues; (b). consider a one-time allocation of a certain percentage of salary savings accruing from historic vacancies that are not likely to be filled in the short-term; (c). consider prospective Public Works plan to charge utilities for pavement impact.

2. Refer to the June 2022 Budget process $8 million per year to be transferred to the CIP based on Committee consideration and any conclusions.

Policy Committee Recommendation: On April 19, 2022, the Budget & Finance Policy Committee sent the item to Council with a qualified positive recommendation removing item 1 (c) consider the sale of underutilized city-owned property.

Financial Implications: See report.

Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Approved recommendation of the Budget & Finance Committee.

14. Relinquishment of Council Office Budget Funds to the General Fund and Grant of Such Funds to the Actor’s Ensemble Company to Perform a Staged Reading of the play, “Roe” at the Goldman Theatre in the David Brower Center on June 12, 2022
From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Wengraf, to the Actor’s Ensemble Company to fund a staged reading of the play, “Roe” at the Goldman Theatre of the David Brower Center on June 12, 2022 Financial Implications: See report.

Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Adopted Resolution No. 70,359–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Mayor Arreguin - $200; Councilmember Harrison - $100; Councilmember Bartlett - $250; Councilmember Taplin - $200; Councilmember Robinson - $200; Councilmember Kesarwani - $50; Councilmember Hahn - $250.

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15. Resolution Adopting the Resolution of Intention of Amendment to the Miscellaneous CalPERS Contract Pursuant to California Government Code 20516; Adopt First Ordinance Reading 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:

1. Adopt the Resolution of Intention in order to approve the amendment of the contract between the Board of Administration, California Public Employees’ Retirement System and the City Council for the City of Berkeley pursuant to California Government Code 20516 to effectuate changes to the cost sharing agreement between the City and 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.

2. Adopt first reading of an Ordinance 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.

Council adopted Resolution #70,156 N.S.at its December 14, 2021, meeting authorizing the FY2021-22 amendment to the City’s CalPERS Miscellaneous contract. Council must now pass another Resolution of Intention to approve the FY2022-23 contract amendment between the City and the Public Employees’ Retirement System Board of Administration.

Financial Implications: See report.

Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: 1 speaker. M/S/C (Arreguin/Harrison) to:

1. Adopt Resolution No. 70,360–N.S. including the amended contract;

2. Adopt first reading of Ordinance No. 7,813-N.S. including the amended contract.

Second reading scheduled for June 14, 2022.

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

Councilmember Hahn absent 8:52 p.m. – 8:58 p.m.

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Action Calendar – Public Hearings
Tuesday, May 24, 2022 MINUTES Page 11

16. Changes to the Land Use Planning Division Fee Schedule / Hourly Rate From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution amending Resolution No. 67,985-N.S. to adopt revisions to the fee schedule for the Land Use Planning Division of the Planning and Development Department, effective July 1, 2022, to increase the hourly rate for staff time from $200 to $230 per hour, increase related deposits and fixed-rate permit application fees to reflect the new rate and to more accurately reflect the staff time required to process various permit types, adopt new fees for new permit types, and clarify the existing fee descriptions.

Financial Implications: See report
Contact: Alene Pearson, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 0 speakers.

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to adopt Resolution No. 70,361–N.S.

Vote: All Ayes.

17. FY 2023 and FY 2024 Proposed Budget and Proposed Budget Public Hearing #1
From: City Manager
Recommendation: Accept the FY 2023 and FY 2024 Proposed Biennial Budget for review and consideration by the City Council and final adoption on June 28, 2022 and conduct Public Hearing #1 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: M/S/C (Arreguin/Harrison) to suspend the rules and extend the meeting to 11:15 p.m.

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

Councilmember Taplin absent 10:09 p.m. – 11:15 p.m.

Councilmember Hahn absent 10:12 p.m. – 11:15 p.m.

Public Testimony: The Mayor opened the public hearing. 7 speakers.

Vote: Presentation made and discussion held. No action taken.

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18. Berkeley’s Financial Condition (FY 2012 – FY 2021): Pension Liabilities and Infrastructure Need Attention
From: Auditor
Recommendation: We recommend City Council request that the City Manager report back by November 2022, and every six months thereafter, regarding the status of our audit recommendations until reported fully implemented by the City Manager and Finance Department. They have agreed to our findings and recommendations. Please see our report for their complete response.

Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: 4 speakers. Presentation made and discussion held.

Council Action Items

19. Revisions to Section 311.6 Warrantless Searches of Individuals on Supervised Release Search Conditions of the Berkeley Police Department Law Enforcement Services Manual (Reviewed by the Public Safety Committee) From: Councilmember Droste (Author), Councilmember Taplin (Author) Recommendation: Revise Section 311.6 Warrantless Searches of Individuals on Supervised Release Search Conditions of the Berkeley Police Department (BPD) Law Enforcement Services Manual to enable officers of the Berkeley Police Department to conduct detentions and warrantless searches individuals on parole/probation consistent with and supportive of the provisions in the probationer’s/parolee’s release conditions.

Policy Committee Recommendation: Send the item to the City Council with a qualified positive recommendation, as revised by the committee and subject to legal review. Section 311.6 was revised to read: In accordance with California law, individuals on probation, parole, Post Release Community Supervision, or other supervised release status may be subject to warrantless search as a condition of their probation. Officers shall only conduct probation or parole searches to further a legitimate law enforcement or rehabilitative purpose. Searches shall not be conducted in an arbitrary, capricious, or harassing fashion. In the conduct of all such detentions and searches, officers shall consciously avoid the application of bias, shall not use such detentions or searches as a means to harass or annoy, and shall not conduct such detentions and searches in a manner that targets or is discriminatory toward any protected class.

Financial Implications: See report
Contact: Lori Droste, Councilmember, District 8, (510) 981-7180 Action: 13 speakers. M/S/C (Arreguin/Droste) to continue the item, including revised materials to July 12, 2022.

Vote: All Ayes.

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Information Reports
Tuesday, May 24, 2022 MINUTES Page 13

20. Mental Health Commission Annual Report 2021-2022
From: Mental Health Commission
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400 Action: Received and filed.

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

Adjournment
Adjourned at 11:15 p.m.

I hereby certify that the foregoing is a true and correct record of the regular session meeting held on May 24, 2022.
________________________
Mark Numainville, City Clerk
Communications
Item #7: Budget Referral: Street Maintenance Funding to Prevent Further Deterioration of Pavement Condition to Save Tax Dollars and Our Streets

1. Linda and Steve Rosen

2. Rebecca Navarrete Davis
Item #19: Revisions to Section 311.6 Warrantless Searches of Individuals on Supervised Release Search Conditions of the Berkeley Police Department Law

3. Vincent Southerland, on behalf of NYU Law
California Theatre

4. Dorothy Walker

5. Laura Soble

6. Lynn Koolish

7. Jennifer Winch

8. Robb Walker

9. Rosa Luevano

10.David Crane

11.Lucy Friedland
Ashby and North Berkeley BART Development

12.Michael Gene Anderson

13.Layo Freed (2)

14. Peter Fineberg

15.Avram Gur Arye

16.Isaac Nicholson

17.Helga Recke

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18.Ned Himmel

19.Robin Halprin

20.David Rice

21.Sarah Adelman

22.Suzanne McMillan

23.Hal Sternbert

24.Shirley McNeal

25.Sabina McMurty

26.Dona Boatright

27.Cindy Shamban

28.Irene Rice

29.Shoana Humphries

30.Jacqueline Wilson

31.Franklin Lei

32.Robert Dunn

33.Ori Skloot

34.Jennifer King

35.Nancy Lichtenstein

36.Claire Schoen

37.Carolyn McMillan

38.Alex Bixler

39.Karen Eisenstadt

40.21 similarly-worded form letters (7 stories maximum) Cesar Chavez Park

41.Sandra Blair

42.Jon Stewart

43.Marty Schiffenbauer

44.Max Ventura

45.Rebecca Weinstein

46.Ingrid Good
Climate Change

47.Thomas Lord (2)
Homelessness, RV Living and Encampments

48.Brigitte Nicoletti

49.Evan F.

50.Osha Neuman (2)

51.Paul Buddenhagen, Deputy City Manager
City of Berkeley’s New Website

52.Thomas Lord (2)

53.Bryce Nesbitt
2134-36 Curtis Street Complaint

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Tuesday, May 24, 2022 MINUTES Page 15

54.Ramona M. Cavanaugh (2)
Budget Proposal for Police Accountability Work

55.Michael Chang, Chairperson of Police Accountability Board 2712-2714 Telegraph Avenue

56.Christine Brozowski
Fair Work Week Ordinance

57.Jane Scantlebury
Bicycle Data

58.Margot Smith
Sanctuary Contracting Ordinance

59.Elana Auerbach
Traffic Intersection Cameras

60.Carol Cohen
Proclamation Honoring Yassir Chadly

61.Helga Recke
Life Threatening Incident at Strawberry Creek

62.David Kahn
Flex Team

63.Eric Friedman
Food Deserts

64.Genevieve Kaplan
933 Colusa

65.Ashok Sabhlok
5G Effects

66.Vivian Warkentin
Grizzly Peak Traffic

67.Joshua Bloom
Pandemic Variants

68.purplecosmicpoet@
BUSD AAPI Heritage Month

69.Reichi Lee

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Bronx Tenants – Limited Equity Co-op

70.Marty Schiffenbauer
Decriminalize Entheogenic Plants

71.Abigail Kemalyan
Fentanyl Drug Trafficking

72.Ronald Kirkish
Agenda Committee v. Brown Act

73.Thomas Lord
Unsworn Officer Traffic Enforcement

74.Thomas Lord
Supplemental Communications and Reports 1
Item #7: Budget Referral: Street Maintenance Funding to Prevent Further Deterioration of Pavement Condition to Save Tax Dollars and Our Streets

75.Bob Laird

76.Karen Davis

77.Karen Rice

78.Linda Rosen
Item #8: Budget Referral: Capacity Building for Merchant Associations in the Gilman and Lorin Districts

79.Revised material, submitted by Councilmember Kesarwani Item #11: Budget Referral: Fund Behavioral Health, Crisis Response, and Crisis- related Services Needs and Capacity Assessments

80.Revised material, submitted by Councilmember Harrison Item #15: Resolution Adopting the Resolution of Intention of Amendment to the Miscellaneous CalPERS Contract Pursuant to California Government Code 20516; Adopt First Ordinance Reading 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

81.Supplemental material, submitted by Human Resources
Item #19: Revisions to Section 311.6 Warrantless Searches of Individuals on Supervised Release Search Conditions of the Berkeley Police Department Law Enforcement Services Manual

82.Michael Chang, Chairperson, Police Accountability Board Supplemental Communications and Reports 2
Item #1: Amendment: FY 2022 Annual Appropriations Ordinance

83.Revised material, submitted by Councilmember Harrison

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84.Leslie Stone
Item #6: Proposal to Allocate Revenues Generated by the Transient Occupancy Tax in the Waterfront Area to the Marina Fund to Avoid Insolvency, Rebuild its Fund Balance and to Stabilize its Finances

85.Ronan

86.Victor Ichioka (2)

87.Roberta Wyn
Item #9: Urge the AC Transit Board of Directors to Restore and Expand on Pre- Pandemic Transbay Bus Service and Bus Service to the Berkeley Hills

88.Christian Peeples

89.Jack Kurzweil
Item #18: Berkeley’s Financial Condition (FY 2012 – FY 2021): Pension Liabilities and Infrastructure Need Attention

90.Revised material, submitted by the City Auditor
Item #19: Revisions to Section 311.6 Warrantless Searches of Individuals on Supervised Release Search Conditions of the Berkeley Police Department Law Enforcement Services Manual

91.Revised material, submitted by Mayor Arreguin

92.Erwin Chemerinsky

93.Diana Bohn
Supplemental Communications and Reports 3
Item #6: Proposal to Allocate Revenues Generated by the Transient Occupancy Tax in the Waterfront Area to the Marina Fund to Avoid Insolvency, Rebuild its Fund Balance and to Stabilize its Finances

94.Cathy Fogel

95.Jim McGrath

96.Rachel Bradley

97.Jon and Satyal Love

98.Grant

99.Sally Tobin
100. Victor Ichioka
Item #12: Resolution in Support of SB 379: The Solar Access Act 101. Igor Tregub
Item #17: FY 2023 and FY 2024 Proposed Budget and Proposed Budget Public Hearing #1
102. Presentation, submitted by the City Manager’s Office Item #18: Berkeley’s Financial Condition (FY 2012 – FY 2021): Pension Liabilities and Infrastructure Need Attention
103. Presentation, submitted by the Auditor

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Item #19: Revisions to Section 311.6 Warrantless Searches of Individuals on Supervised Release Search Conditions of the Berkeley Police Department Law Enforcement Services Manual
104. Kitt Saginor
105. Elliot Halpern
106. Mary Ann Meany
107. Moni Law
108. Diana Bohn
Support for Full Funding of the Community Anti-Displacement and Preservation Program in the California Budget Act of 2022
109. Submitted by Mayor Arreguin and Councilmember Harrison 110. Bhima Sheridan (2)
111. Chimey Lee
112. Katharine Bierce
113. Elana Auerbach
114. taptango@

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Tuesday, May 31, 2022 MINUTES Page 1

MINTUES

BERKELEY CITY COUNCIL MEETING
Tuesday, May 31, 2022
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

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

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

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

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33) and via internet accessible video stream at http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/88127787306. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 881 2778 7306. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

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

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

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Preliminary Matters
Roll Call: 6:05 p.m.

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

Absent: Kesarwani, Harrison
Councilmember Kesarwani present at 6:09 p.m.

Ceremonial Matters:

1. Adjourned in Memory of Toni Gardner, Local Activist and Mother of Vice-Mayor Harrison

2. Recognition of the Berkeley High School Debate Team – National Tournament Champions

3. Presentation by East Bay Community Law Center and Eviction Defense Center City Manager Comments: None
Public Comment on Non-Agenda Matters: 10 speakers.

Action: M/S/C (Arreguin/Hahn) to add an item to the agenda relating to an excused bereavement absence for Vice-Mayor Harrison pursuant to Government Code Section (54954.2(b)(2) and making the finding that there is a need to take immediate action and the need for action came to the attention of the local agency subsequent to the agenda for this meeting being posted.

Vote:

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

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 10 speakers.

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

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

Urgency Item: Grant Excused Absence to Vice Mayor Harrison Pursuant to Charter Article V, Section 19 and the City’s Bereavement Policy From: Vice Mayor Kate Harrison
Recommendation: Grant excused absence to Vice Mayor Harrison pursuant to Charter Article V., Section 19, and consistent with the City’s bereavement policy regarding death of a “close family member.”
Contact: Vice Mayor Kate Harrison, 510-981-7140
Action: Approved recommendation.

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1. Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference
From: City Manager
Recommendation: Adopt a Resolution making the required findings pursuant to Government Code Section 54953(e)(3) and determining that as a result of the continued threat to public health and safety posed by the spread of COVID-19, City legislative bodies shall continue to meet via videoconference and teleconference, initially ratified by the City Council on September 28, 2021, and subsequently reviewed and ratified on October 26, 2021, November 16, 2021, December 14, 2021, January 10, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 12, 2022, and May 10, 2022.

Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,362–N.S.

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

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

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

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

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,363–N.S.

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4. Commission Reorganization: Amendments to Berkeley Municipal Code Section

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

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

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

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: 1. Adopted first reading of Ordinance No. 7,814-N.S. Second reading scheduled for June 14, 2022. 2. Adopted Resolution No. 70,364–N.S.

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

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 70,365–N.S.

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

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 70,366–N.S.

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

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 70,367–N.S.

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

Financial Implications: See Report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 70,368–N.S.

9. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on May 31, 2022
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $535,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

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

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 70,369–N.S.

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

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

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

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

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

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,370–N.S. (Foster Care); Resolution No. 70,371– N.S. (BHS & BTA), Resolution No. 70,372–N.S. (School Linked); and Resolution No. 70,373–N.S. (Tobacco Prevention).

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

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,374–N.S.

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

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,375–N.S.

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

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

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

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

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

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

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,376–N.S. (CHDP); Resolution No. 70,377–N.S. (MCAH), Resolution No. 70,378–N.S. (Tobacco Trust Fund); Resolution No. 70,379– N.S. (Immunization); and Resolution No. 70,380–N.S. (PHEP).

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

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,381–N.S.

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

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,382–N.S.

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

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,383–N.S.

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

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,384–N.S.

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

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

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

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,385–N.S. (Safe Routes to School); Resolution No. 70,386–N.S. (Bicycle Boulevard Extension), and Resolution No. 70,387–N.S. (BeST Plan). Revisions in Supplemental Communications Packet #1 and #2 from the City Manager to increase dollar amounts and add grant projects.

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

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,388–N.S. (District No. 1982-1); and Resolution No. 70,389–N.S. (District 2018).

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

Financial Implications: Street Light Assessment Fund - $428,950 Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,390–N.S.

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

Financial Implications: Zero Waste Fund - $21,551,718
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,391–N.S.

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

Financial Implications: Various Funds - $500,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,392–N.S.

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

Financial Implications: Various Funds - $50,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,393–N.S.

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

Financial Implications: Various Funds - $400,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,394–N.S.

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

Financial Implications: Measure BB Fund - $250,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,395–N.S.

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

Financial Implications: Equipment Maintenance Fund - $345,188 Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,396–N.S.

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

Financial Implications: None
Contact: Jennifer Lovvorn, Commission Secretary, (510) 981-7530 Action: Adopted Resolution No. 70,397–N.S.

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

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

Council Consent Items

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

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

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

Financial Implications: General Fund - $1,000,000
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmember Wengraf added as a co-sponsor. Approved recommendation.

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

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

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

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

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

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

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

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

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

Financial Implications: See report.

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

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

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

Action: M/S/C (Arreguin/Robinson) to adopt Resolution No. 70,398–N.S.

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

Recess 7:38 p.m. – 7:49 p.m.

Action Calendar – New Business

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

Financial Implications: See report
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000 Action: 17 speakers. M/S/C (Hahn/Taplin) to approve the direction in Supplemental Communications Packet #2 from Mayor Arreguin as written below.

The City Council directs the City Manager and City Attorney to prepare a package of infrastructure revenue measures to submit to the November 2022 ballot modeled after Option #2 in the staff report (Two Measures) with the following details:

Parcel Tax for Streets
 A parcel tax of $0.30 per building square foot, raising approximately $28 million annually, to improve streets and traffic safety (Program Plan’s Outcome 1).

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 Provide the costs to voters of a lower parcel tax amount.

A parcel tax should:
 Focus on safe, attractive, green, and sustainable streets, funding improved streetscapes including rehabilitation of failed streets, maintenance and resurfacing, pedestrian/bike/transit improvements, and streetscape/landscape improvements made alongside repaving projects and projects unassociated with paving.
 Be time limited for a period of 14 years. Any extension after that period would require reauthorization by the voters.
 Include advisory language in the ballot measure requesting that the City Council make an annual commitment of General Fund revenues to maintain a minimum level of funding to ensure that the city’s pavement condition does not decline, revenues/economic conditions permitting.
 Include an exemption for low-income homeowners
 Research whether the City can impose a split roll rate for residential and commercial properties, with the residential tax rate being lower.  Advance equitable mobility by directing staff to follow adopted City policies and plans in developing the Vision 2050 Program Plan, choosing projects, and allocating funds.
 Direct staff to revise the Program Plan to specify the funding percentages/amounts that will be used for various parcel tax goals. Council should review and adopt the Program Plan prior to the November vote.

The Plan could be revised to outline allocations in various ways, for instance:
o street rehabilitation of failed streets,
o street maintenance/resurfacing,
o ped/bike/transit improvements made alongside repaving projects, o ped/bike safety and transit improvements unassociated with paving, and o sidewalks.

With respect to bicycle and pedestrian improvements, consider 10-year goal to at least build the Low-Stress Bikeway Network and implement pedestrian plan priority street segment recommendations.

General Obligation Bond for Housing and Other Infrastructure

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Berkeley City CouncilJune 28, 2022

Berkeley City Council
June 28, 2022