Berkeley City Council
July 26, 2022

Tuesday, July 26, 2022 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, July 26, 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/89491193768. 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: 894 9119 3768 . If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

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

Tuesday, July 26, 2022 AGENDA Page 2

Preliminary Matters
Roll Call:

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

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

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

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

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

For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may 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.

Consent Calendar
Tuesday, July 26, 2022 AGENDA Page 3

1. Zoning Ordinance Amendments Making Technical Edits and Corrections to Berkeley Municipal Code (BMC) Title 23
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,830-N.S. containing technical edits, corrections and other non-substantive amendments to the following sections of the Zoning Ordinance:

BMC Section 23.202.140 (R-SMU Zoning District)
BMC Section 23.204.020 (Commercial Districts -- Allowed Land Uses) BMC Section 23.204.030 (Additional Permit Requirements) BMC Section 23.204.060 (C-U Zoning District)
BMC Section 23.204.130 (C-DMU District)
BMC Section 23.206.202 (Manufacturing Districts – Allowed Land Uses) BMC Section 23.302.030 (Temporary Uses and Structures)
BMC Section 23.302.070 (Use-Specific Regulations)
BMC Section 23.404.040 (Public Notice)
BMC Section 23.502.020 (Glossary)
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Droste.

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

2. 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, May 10, 2022, and June 28, 2022.

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

Consent Calendar
Tuesday, July 26, 2022 AGENDA Page 4

3. 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, May 31, 2022, and June 28, 2022.

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

4. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of June 2 (special), June 13 (closed), June 14 (regular), June 21-4 p.m. (special), June 21-6 p.m. (special), June 27 (closed) and June 28 (regular).

Financial Implications: None
Contact: Mark Numainville, Commission Secretary, (510) 981-6900

5. Downtown Berkeley YMCA for Fitness Center Memberships for City Employees From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $109,440, for fitness center memberships for City employees for the period July 1, 2022 through June 30, 2023.

Financial Implications: Payroll Deduction Trust Fund - $109,440 Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

6. Contract: Lehr for Emergency Response Vehicle Supplies/Equipment and Installation Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into contract with Stommel Inc. dba Lehr, for emergency response vehicle supplies/equipment and installation services, with the term of the contract from August 1, 2022 to September 30, 2022 in an amount not to exceed $350,000. The contract may be extended for up to five additional years and shall not exceed $750,000 in total.

Financial Implications: Various Funds - $750,000
Contact: David Sprague, Fire, (510) 981-3473

Consent Calendar
Tuesday, July 26, 2022 AGENDA Page 5

7. Mental Health Services Act (MHSA) Fiscal Year 2022-2023 Annual Update From: City Manager
Recommendation: Adopt a Resolution approving the Mental Health Services Act (MHSA) Fiscal Year 2022-2023 Annual Update (MHSA FY23 Annual Update), which provides information on current and proposed uses of funds for mental health programming, and forwarding the MHSA FY23 Annual Update to appropriate state officials.

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

8. Contract No. 32200185 Amendment: Sonya Dublin Consulting to Provide Evaluation Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32200185 with Sonya Dublin Consulting to provide evaluation services, and any subsequent amendments or extensions, to add $93,600 and bring the contract total to an amount not to exceed $109,200 and extending the end date from June 30, 2022 to June 30, 2025.

Financial Implications: See report.

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

9. Shelter Plus Care Program Renewal Grants
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to receive funds and execute any agreements and amendments resulting from the renewal of the following grants: 1. Two Shelter Plus Care grants from U.S. Department of Housing and Urban Development (HUD): a) $3,949,021 for Supportive Housing Collaborative Project (SHC) for the period June 1, 2022 through May 31, 2023; b) $2,327,914 for COACH Project (COACH) for the period of January 1, 2022 through December 31, 2022. 2. One grant from HUD administered through the County of Alameda for $881,045 to provide tenant-based rental assistance to individuals who are chronically homeless and disabled from March 1, 2022 through February 28, 2023.

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

Consent Calendar
Tuesday, July 26, 2022 AGENDA Page 6

10. Contract Amendments: Mental Health Services Act Community Services and Supports, and Prevention and Early Intervention
From: City Manager
Recommendation: Adopt ten Resolutions authorizing the City Manager or her designee to execute amendments for the following contracts that are funded through Mental Health Services Act (MHSA) Community Services and Supports (CSS) and Prevention and Early Intervention (PEI); increasing the contract amounts as outlined below; totaling $1,571,966 and extending the contracts through June 30, 2023:

1. Increasing CSS Contract No. 100042-1 with Lakehurst Hall by $36,000 for a total contract amount not to exceed $185,500 for Room Rental Fees for Berkeley Mental Health clients;

2. Increasing CSS Contract No. 108800-1 with Bay Area Hearing Voices Network by $46,941 for a total contract amount not to exceed $184,855 for hearing voices support groups;

3. Increasing CSS Contract No. 31900132 with Building Opportunities for Self- Sufficiency by $100,000 for a total contract amount not to exceed $400,000 for representative payee services;

4. Increasing CSS Contract No. 32200130 with Alameda County Behavioral Health Care Services by $491,933 for a total contract amount not to exceed $983,866 for Wellness Center operations;

5. Increasing CSS and PEI Contract No. 32000094 with Youth Spirit Artworks by $100,000 for Transition Age Youth case management and linkage services, and $32,046 for trauma support services. This amendment also includes $78,000 for Tiny House Village services, which is non-MHSA funding, for a total contract amount not to exceed $737,092;

6. Increasing PEI Contract No. 32000240 with Berkeley Unified School District by $355,000 for a total contract amount not to exceed $1,347,778 for services to support Berkeley students;

7. Increasing PEI Contract No. 088999-1 with Center for Independent Living by $32,046 for a total contract amount not to exceed $352,722 for services to support Older Adults;

8. Increasing PEI Contract No. 052129-1 with Pacific Center for Human Growth by $100,000 for a total contract amount not to exceed $515,150 for services to support the Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Agender, Plus (LGBTQIA+) population;

9. Increasing PEI Contract No. 32200146 with OnTrack Program Resources by $100,000 for a total contract amount not to exceed $175,000 for services to support African Americans; and

10. Increasing PEI Contract No. 3200111 with East Bay Sanctuary Covenant by $100,000 for a total contract amount not to exceed $200,000 for services to support the Latinx/Latina/Latino population.

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

Consent Calendar
Tuesday, July 26, 2022 AGENDA Page 7

11. Revision of the Tool Lending Specialist Classification to Reflect an Accurate Scope of Duties with a Four Percent (4%) Salary Increase From: City Manager
Recommendation: Adopt a Resolution approving the revision of the Tool Lending Specialist job specification to accurately reflect the scope of duties and to increase the current salary schedule by four percent (4%) effective March 16, 2021 or the employee’s start date, if more recent.

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

12. Contract No. 32100168 Amendment: Robert Half International/Protiviti for Professional
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100168 to increase spending authority with Robert Half International/Protiviti for professional services in support of the cyber-resilience projects in the Fiscal Year (FY) 2023 using the General Services Agency’s (GSA) purchasing vehicle no. GS-35F-0280X to increase the contract by $312,000 for a total amount not to exceed $552,432 through June 30, 2023.

Financial Implications: General Fund - $312,000
Contact: Michael Sinor, Information Technology, (510) 981-6500

13. Contract No. 7167M Amendment: Superion, LLC for AS400 Software Maintenance and Support
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7167M with Superion, LLC for software maintenance and support of the City's FUND$ system on the AS400 platform, increasing the contract amount by $154,927 for a total not-to-exceed amount of $2,549,483 from July 1, 2006 through June 30, 2023.

Financial Implications: IT Cost Allocation Fund - $154,927 Contact: Michael Sinor, Information Technology, (510) 981-6500

14. Protiviti Government Services: Using General Services Administration (GSA) Vehicle for Professional Services Purchase Orders
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to issue purchase orders with Protiviti Government Services for the purchase of professional services using the General Services Agency’s (GSA) purchasing vehicle no. GS- 35F-0280X for an amount not to exceed $350,000 through September 30, 2023.

Financial Implications: Various Funds - $350,000
Contact: Michael Sinor, Information Technology, (510) 981-6500

Consent Calendar
Tuesday, July 26, 2022 AGENDA Page 8

15. Contract No. 047162-1 Amendment: ESI Group for the IBM Hardware and Software Lease
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 047162-1 with ESI Group for leasing, maintenance, and technical support for International Business Machines (IBM) hardware lease and software maintenance and support, increasing the current contract by $140,000, for a total not to exceed $2,294,769 from June 2, 2003 through June 30, 2023 Financial Implications: IT Cost Allocation - $140,000
Contact: Michael Sinor, Information Technology, (510) 981-6500

16. Donation: New Sign at Berkeley Waterfront - from Caltrans From: City Manager
Recommendation: Adopt a Resolution approving a donation of a new sign from Caltrans to be placed at the entrance to the Berkeley Waterfront with a value up to $250,000.

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

17. Contract: AE3 Partners, Inc. for Architectural Services for the African American Holistic Resource Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a not-to-exceed $900,000 contract with AE3 Partners, Inc. for architectural services for the African American Holistic Resource Center (AAHRC) for a contract period of August 1, 2022 through July 31, 2025.

Financial Implications: Measure IT Phase 2 Funds - $900,000 Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

18. Extension of Exclusive Negotiating Agreement with Innovation Properties Group for 199 Seawall Drive
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an Amended and Restated Exclusive Negotiating Agreement (ENA) with Innovation Properties Group (IPG), extending the existing ENA for 9 months with two 3-month options to work toward a long-term lease of City property at 199 Seawall Drive and short-term lease to activate a portion of the adjacent parking lot.

Financial Implications: See report.

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

Consent Calendar
Tuesday, July 26, 2022 AGENDA Page 9

19. Approval of Funds for Electric Vehicle Charging Stations at Tuolumne Camp From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to allocate up to $350,000 to add electric vehicle charging stations at Tuolumne Camp.

Financial Implications: See report.

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

20. Accept Grant Funding from the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program to Reduce Impaired Driving in the City of Berkeley From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, or designee, to accept the “Cannabis Tax Fund Grant (CTFGP)” and enter into the resultant grant agreement and any amendments to fund impaired driving detection/investigation training for officers, community educational programs and supplemental impaired driving enforcement. The tentative grant allocation is for $112,337 for the period of July 1, 2022 through June 30, 2023.

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

21. Contract No. 32000078 Amendment DC Electric Group, Inc. for On-Call Electrical Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000078 with DC Electric Group, Inc. for on-call electrical services, increasing the current contract by $100,000 for a total not to exceed amount of $175,000 and extending the contract through June 30, 2025.

Financial Implications: Various Funds - $100,000
Contact: Liam Garland, Public Works, (510) 981-6300

22. Contract No. 098713-1 (9488D) Amendment: Berry Brothers Towing for On-Call Towing Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 098713-1 with Berry Brothers Towing to provide towing services for the City’s Fleet equipment and vehicles, increasing the contract amount by $75,000 for a new not to exceed amount of $255,000 and extending the contract end date to June 30, 2025.

Financial Implications: Equipment Maintenance Fund - $75,000 Contact: Liam Garland, Public Works, (510) 981-6300

Consent Calendar
Tuesday, July 26, 2022 AGENDA Page 10

23. Contract No. 32000128 Amendment: Wood Environment & Infrastructure Solutions, Inc. for On-Call Environmental Consulting Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000128 with Wood Environment & Infrastructure Solutions, Inc. to increase the contract for on-call environmental consulting services by $400,000 for a new not to exceed amount of $700,000 and extend the contract term through November 30, 2025.

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

24. Contract No. 32100072 Amendment: CycloMedia Technology, Inc. for Geographic Information System Infrastructure Data
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100072 with CycloMedia Technology Inc. for Geographic Information System Infrastructure asset data acquisition and ongoing data access to increase the contract amount by $100,000 for an amount not to exceed $287,401, adopt the use policy, and extend the contract term through December 30, 2025.

Financial Implications: Various Funds - $100,000
Contact: Liam Garland, Public Works, (510) 981-6300, Michael Sinor, Information Technology, (510) 981-6500

25. Grant Application: Highway Safety Improvement Program Cycle 11 From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the California Highway Safety Improvement Program (HSIP) Cycle 11 for the following project: Protected Left-Turn Signals at multiple signalized intersections for up to $6 million, and accept the grant if awarded, and execute any resultant agreements and amendments.

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

26. Approval of Additional Disaster and Fire Safety Commission Meeting From: Disaster and Fire Safety Commission
Recommendation: Adopt a Resolution approving the request from the Disaster and Fire Safety Commission to hold one additional meeting in calendar year 2022.

Financial Implications: Staff time
Contact: Keith May, Commission Secretary, (510) 981-3473

Council Consent Items
Tuesday, July 26, 2022 AGENDA Page 11

27. Authorize Three Additional Meetings in 2022 for the Homeless Services Panel of Experts
From: Mayor Arreguin (Author)
Recommendation: Authorize three additional meetings for the Homeless Services Panel of Experts for the calendar year, 2022.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100

28. Resolution Supporting the Living Wage Act of 2022
From: Councilmember Robinson (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution supporting the Living Wage Act of 2022 to increase the California state-wide minimum wage to $18 on a gradual timeline.

Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

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

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

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

Action Calendar – Old Business

29. Surveillance Technology Report, Surveillance Acquisition Report, and Surveillance Use Policy for Automatic License Plate Readers (Continued from May 12, 2020. Item contains revised and supplemental materials) From: City Manager
Recommendation: Adopt a Resolution accepting the Surveillance Technology Report, Surveillance Acquisition Report, and Surveillance Use Policy for Automatic License Plate Readers submitted pursuant to Chapter 2.99 of the Berkeley Municipal Code.

Financial Implications: None
Contact: Jennifer Louis, Police, (510) 981-5900

Action Calendar – Old Business
Tuesday, July 26, 2022 AGENDA Page 12

30. Police Equipment & Community Safety Ordinance Impact Statements, Associated Equipment Policies and Annual Equipment Use Report (Continued from June 21, 2022) (Item contains supplemental and revised material) From: City Manager
Recommendation: Adopt a Resolution approving the Controlled Equipment Impact Statements, Associated Equipment Use Policies and Equipment.

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

31. Placing a Measure on the November 8, 2022 Ballot Amending the Rent Stabilization and Eviction for Good Cause Ordinance (B.M.C. 13.76) (Continued from July 12, 2022)
From: 4 x 4 Joint Committee on Housing City Council/Rent Board Recommendation:

1. Adopt a Resolution placing the proposed amendments to the Rent Stabilization and Eviction for Good Cause Ordinance on the ballot of the November 8, 2022 General Municipal Election.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: See report
Contact: Matt Brown, Rent Stabilization Board, (510) 981-7368

Action Calendar – Old Business
Tuesday, July 26, 2022 AGENDA Page 13

32. Restoring and Improving Access to City of Berkeley Website and Archival Materials (Continued from July 12, 2022)
From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Harrison (Co-Sponsor) Recommendation: Direct the City Manager to:

1. Restore at previous URLs all PDF documents previously hosted on the City of Berkeley website.

2. Create a publicly accessible archival copy of the City’s previous website, CityofBerkeley.info, that can be accessed without logins and via internet search engines. Include a prominent disclaimer noting the date the website, page, or document was archived, with links redirecting to the active website or other responsive resource.

3. On the new website, update Commission pages to include a minimum of 2 years of historic agendas and other materials and update City Council and Council Committee pages to include at least 3 years of complete materials.

4. By July 15, 2022 develop and make available to all City staff and to the public training at beginner to expert levels on use of the City’s Records Online search function and create more extensive and less technical self-help resources covering basic and expert use.

5. In recognition of increased public traffic, update the Records Online homepage to explain how the portal works and link to more robust self-help resources and alternative search functions.

6. Coordinate with agency staff to include all relevant records (agendas, minutes, etc.) from Rent Board and Housing Authority in Records Online Portal.

7. Update any remaining 404 pages to explain that the City’s website has been moved/updated, and provide links to helpful pages, search functions and/or pathways to access responsive materials. As quickly as possible, consider implementing redirects with wildcards to direct as many old links to relevant new website pages in lieu of the standard 404 page. E.g. cityofberkeley.info/planning* to the Planning Department site map/homepage, or Department Specific 404 page explaining new navigation.

Refer to the City Manager the following additional improvements to Records Online:

1. Within Records Online, provide unique archival/search categories for each City Commission, Board, Committee and Rent Board, and consider other useful categories, to assist users in narrowing results and identifying responsive materials.

2. Allow Records Online search results to be sorted by date and by other searchable factors. Consider means to integrate records online into default site search bar.

3. Explore and report back to Council options for improving the scope of Records Online, improving search options and sorting, and making all materials – or materials from January 1, 2000 (or an earlier recommended date) forward, searchable using internet search engines.

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

Information Reports
Tuesday, July 26, 2022 AGENDA Page 14

33. Sanctuary City Contracting Compliance Report for FY 2021 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

34. LPO NOD: 2733 Buena Vista Way/#LMSAP2022-0004
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

35. LPO NOD: 2200-block of Piedmont Avenue/#LMSAP2019-0009 From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

36. LPO NOD: 8 Greenwood Common/#LMSAP2022-0002
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

37. LPO NOD: 2113 Kittredge Street/#LMIN2022-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

38. 2022 Commission on Aging Work Plan
From: Commission on Aging
Contact: Richard Castrillon, Commission Secretary, (510) 981-5190

39. City Auditor Fiscal Year 2023 Audit Plan
From: Auditor
Contact: Jenny Wong, Auditor, (510) 981-6750

Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a 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 agains t 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.

Tuesday, July 26, 2022 AGENDA Page 15
Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver commun ications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at https://berkeleyca.gov/.

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

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

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

COMMUNICATION ACCESS INFORMATION:

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

Captioning services are provided at the meeting, on B-TV, and on the Internet. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on July 14, 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 a re public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Tuesday, July 26, 2022 AGENDA Page 16
Commendations of the Berkeley Police Department

1. Katherine Lee, Interim Director of Police Accountability Berkeley Marina Area Specific Plan (BMASP) + Cesar Chavez Park

2. Susan Black

3. Helen Canin

4. Maud Engel

5. Carol Denney

6. Summer Brenner

7. Gael Alcock

8. Margaret Fouda

9. Donald Stang and Helen Wickes

10. Wini Williams

11. Paul Litsky

12. Edward Vine

13. Jamie Brown

14. Bobbi Sloan

15. Diane Mintz

16. Llyana Landes

17. Sally Nelson

18. Micky Duxbury

19. Bob Herman

20. T. Anne Richards

21. Terry Toczynski

22. Alan K

23. Jane White

24. Antonio Guzman

25. Kevin James

26. Linda Kroll and Dennis Creek

27. Tanja Schlosser

28. Kathryn Ruiz

29. Save CC (Cesar Chavez Park)

30. Tom Reilly

31. Michele Ritterman

32. Lex Morris

33. Sharran Zeleke

34. Darah Daniels

35. Carl Dellar

36. Diana Bohn

37. Marcy Darnovsky

38. Ilya Ganelin

39. Susan Tomasello

40. Charles Wilson

41. Rachel Bradley

42. Kate Greswold

43. Ernest Isaccs

44. Ginny Garrett

Tuesday, July 26, 2022 AGENDA Page 17

45. Carlos Hill

46. Tamara Birdsall

47. Robert Blomberg (2)

48. Barbara Rydlander

49. dougdohrer@

50. City Manager’s Office (14)

IKE Kiosks

51. Elsa Tranter

52. Rebecca Dahlberg

53. Judith Brown

54. Judi Doyle

55. Lisa Titus

56. Vicki Sommer

57. Isabel Samaras

58. Heather Hernandez (2)

59. Betsy Bigelow-Teller

60. Karen Eisenstadt

61. Mimi Moungovan

62. Paul Jacobs

63. Nancy Lichtenstein

64. Pat Hill

65. Cece Littlepage

66. Lisa Tsering

67. Roya Arasteh

68. Carol Vertel

69. Lissa Miner

70. Joan Hart

71. Diana Damonte

72. Karen Nierlich

73. Carol Bledsoe

74. Janet Coleman

75. Maulin Chokshi

76. Mayilyn Siegel

77. Soula Culver

78. Miranda Ewell

79. Morton Cohn

80. Sally Hughes

81. Judy Dale

82. Charles Siegel

83. Josephine Gallup

84. Karen Eisenstadt

85. Bryce Nesbitt

86. David Durbin

87. Susan Taylor

88. Todd Andrew

Tuesday, July 26, 2022 AGENDA Page 18

People’s Park

89. Summer Brenner

90. Shella Benevides, on behalf of Resources for Community Development

Hopkins Street Corridor

91. Stephen Alpert

92. Rachel Bradley

93. Carol Benioff

94. Ann May

95. Sally Adams

Biking and Concrete Blobs

96. Maris Arnold

High Rises Destroying Our City of Berkeley

97. Carole Gill

1201-1205 San Pablo Avenue

98. Yvette Bozzini (2)

Berkeley Federation of Teachers School Board Endorsements

99. Matty Meyer

Train Noise
100. Maria Kolakowska
101. Councilmember Kesarwani

Street Project Confusion at Prince and Dana
102. Dorothy Hale

Low Income Housing
103. Virginia Browning
104. Councilmember Harrison

Pedestrian Safety at the Intersection of Addison and Martin Luther King 105. Charles Siegel, on behalf of Walk Bike Berkeley

Crime in Berkeley
106. Dan Auten
Vacancy Tax
107. Diana Bohn

Berkeley Restaurant Inspections
108. David Lerman

Tuesday, July 26, 2022 AGENDA Page 19
Rodeway Inn Residents Trashing Neighborhood
109. Dolores Cortez

Pentagon Budget
110. Jack Kurzweil

Small Building Owners Paying for Large Developments
111. Dan Auten

Harriet Tubman Tenants Issues
112. M. Mendonca

Tenant Opportunity to Purchase Act
113. Paul Gumpel
114. Diana Bohn
115. Janice Schroeder
116. Ariana Thompson-Lastad
117. Patricia Hall
118. 21 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.

Ordinance No. 7,830-N.S. Page 1 of 13
ORDINANCE NO. 7,830-N.S.

AMENDING TITLE 23 OF THE BERKELEY MUNICIPAL CODE TO CORRECT ERRORS

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

Section 1. That Berkeley Municipal Code Section 23.202.140 Figure 23.202-2 is amended as follows:

Figure 23.202-2. R-SMU SUBAREAS
Section 2. That Berkeley Municipal Code Section 23.204.020 Table 23.204-1 is amended as follows:

Ordinance No. 7,830-N.S. Page 2 of 13
Table 23.204-1: Allowed Uses in the Commercial Districts COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

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

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

USE-SPECIFIC

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

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

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

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

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

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

12.22 Firearm/Munitions Business UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* UP(PH)* NP UP(PH) UP(PH)* 23.302.070.D Industrial and Mining Products – – – – – – – – – – --

Ordinance No. 7,830-N.S. Page 3 of 13
COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

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

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

USE-SPECIFIC

REGULATIONS
Pawn Shop/Auction House UP(PH) – NP NP NP NP NP NP UP(PH) UP(PH) NP Pet Store UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) ZC [3] UP(PH) Retail, General ZC [1] ZC [1] ZC* [2] ZC* [2] ZC* [2] ZC [1] ZC ZC* [2] ZC ZC* [3] ZC*

23.204.040.E (for
department stores)

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

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

23.204.110.B.6;

23.204.130.B.3;

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

23.204.040.D;23.20

4.110.B.6;

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

23.204.040.D;

23.204.110.B.6;

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

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

23.204.040.B;

23.204.110.B.6;

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

23.204.100.B.3;

23.204.110.B.2;

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

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

Ordinance No. 7,830-N.S. Page 4 of 13
COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

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

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

USE-SPECIFIC

REGULATIONS

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

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

23.204.100.B.5

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

23.204.100.B.5;

23.204.140.B.3;

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

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

Ordinance No. 7,830-N.S. Page 5 of 13
COMMERCIAL DISTRICTSZC = Zoning Certificate
AUP = Administrative Use Permit
UP(PH) = Use Permit
NP = Not Permitted
-- = Permitted with AUP, see

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

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

USE-SPECIFIC

REGULATIONS
Wholesale Trade – – – – -- – – – – AUP [8] --
Incidental Uses
Amusement Devices AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* AUP* UP(PH) 23.302.070.B Alcoholic Beverage Service See 23.310
Cafeteria, On-Site UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) UP(PH) AUP UP(PH) Columbaria See 23.302.070.C
Food and Beverage for Immediate
Consumption

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

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

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

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

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

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

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

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

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

Ordinance No. 7,830-N.S. Page 6 of 13
Section 3. That Berkeley Municipal Code 23.204.030 is hereby amended as follows:

23.204.030 Additional Permit Requirements.

A.  New Floor Area.

1.  When Permit is Required. A project that creates new floor area for any use requires permits as shown in Table 23.204-2: New Floor Area Permit Requirements.

Creation of new floor area includes:
(a)  Construction of new main buildings or accessory buildings; (b)  Additions to existing buildings; or
(c)  The installation of new floor or mezzanine levels within or onto existing buildings.

Table 23.204-2. NEW FLOOR AREA PERMIT REQUIREMENTS

DISTRICT/NEW GROSS FLOOR AREA PERMIT REQUIRED FOR

NEW FLOOR AREA

C-C, C-U
Less than 5,000 sq. ft. ZC
5,000 sq. ft. or more UP(PH)
C-N, C-E, C-SO (any amount of new floor area) UP(PH)
C-NS
Less than 2,000 sq. ft. ZC
2,000 sq. ft. or more UP(PH)
C-SA
Less than 3,000 sq. ft. ZC
3,000 sq. ft. or more UP(PH)
C-T --
Less than 1,500 sq. ft. AUP
1,500 sq. ft. or more UP(PH)
C-DMU
Less than 10,000 sq. ft. ZC

Ordinance No. 7,830-N.S. Page 7 of 13

DISTRICT/NEW GROSS FLOOR AREA PERMIT REQUIRED FOR

NEW FLOOR AREA
10,000 sq. ft. or more UP(PH)
C-W
5,000 sq. ft. or more except when an AUP is required below UP(PH) 7,500 sq. ft. or less in a building containing only retail uses AUP 20,000 sq. ft. or less in a building with residential and retail space that is more than 15% and less than 33% of the floor area being created
AUP
C-AC
New Main Building or New Dwelling Unit UP(PH)
Addition of 5,000 sq ft or more UP(PH)

2.  C-DMU Findings. To approve a Use Permit for new floor area in the C-DMU district, the ZAB must find that:
(a)  The addition or new building is compatible with the visual character and form of the district; and
(b)  No designated landmark structure, structure of merit, or historic district in the vicinity would be adversely affected by the appearance or design of the proposed addition.

3.  C-W Findings. To approve an AUP or Use Permit for new floor area in the C-W district, the review authority must find that the new use or structure provides an intensity of development which does not underutilize the property.

4.  C-AC Findings. To approve a Use Permit for new floor area in the C-AC district, the review authority must find that the proposed use or structure will:
(a)  Be compatible with the purposes of the District;
(b)  Be compatible with the design and character within the District and the adjacent residential neighborhoods;
(c)  Encourage utilization of public transit and off-street parking facilities in the area of the proposed building; and

Ordinance No. 7,830-N.S. Page 8 of 13
(d)  If a new residential development, that the proposed use or structure facilitates construction of affordable housing as defined by the US Department of Housing and Urban Development (HUD) Guidelines.

B.  Tenant Space Reconfiguration.

1.  Reconfiguration of tenant space in an existing building requires a permit as listed in Table 23.204-3: Tenant Space Reconfiguration Permit Requirements.

2.  As used in this section, tenant reconfiguration means any physical change to an existing building’s walls separating leased spaces so as to change:
(a)  The number of lease spaces for commercial businesses; or (b)  The square footage of leasable floor area of an existing commercial lease space.

Table 23.204-3. TENANT SPACE RECONFIGURATION PERMIT REQUIREMENTS District
Permit Required for Tenant
Space Reconfiguration
Project

C-C, C-U
Less than 5,000 sq. ft. ZC
5,000 sq. ft. or greater AUP
C-N, C-E, C-NS, C-SO (All reconfiguration projects) AUP C-SA, C-DMU, C-AC No additional permit required
C-T
Increasing the number of individual tenant spaces ZC
5,000 sq. ft. or greater AUP
Creating a tenant space less than 1,000 sq. ft. AUP
C-W
Less than 5,000 sq. ft ZC
In existing buildings in a designated node affecting 5,000 sq. ft. or greater
AUP

Ordinance No. 7,830-N.S. Page 9 of 13
C.  Major Residential Additions.

1.  Where Allowed/Required Permits.
(a)  Major residential additions in the C-W district require an AUP. (b)  No additional permits are required for major residential additions in all other C districts.

2.  Findings. To deny an AUP for a major residential addition in the C-W district, the review authority must find that although the proposed major residential addition satisfies all other standards of the Zoning Ordinance, the addition would unreasonably obstruct sunlight, air, or views.

D.  Changes to Nonconforming Structures. See Section 23.324.050--Nonconforming Structures and Buildings for permits required to modify structures that do not conform to setback, height, and other development standards.

E.  Accessory Structures. For accessory structure permit requirements, see the following:

1.  Section 23.304.060--Accessory Buildings and Enclosed Accessory Structures.

2.  Section 23.304.070--Unenclosed Accessory Structures in Residential Districts.

3.  Section 23.304.080--Fences. (Ord. 7787-NS § 2 (Exh. A), 2021) Section 4. That the Berkeley Municipal Code 23.204.130.E.6 is hereby amended as follows:

6. Open Space Alternatives.
a. In lieu of providing the open space required by this section on-site, an applicant may either:
i. Pay an in-lieu fee to help fund the Streets and Open Space Improvement Plan (SOSIP); and/or
ii. Construct public improvement consistent with the SOSIP. b. Payment of a fee in lieu of providing publicly accessible open space requires a Use Permit. To allow payment of an in-lieu fee, the ZAB must find that the payment will support timely development of open space improvements that will serve the needs of project residents and other people living in and using the downtown.

Ordinance No. 7,830-N.S. Page 10 of 13
c. Construction of public improvements consistent with the SOSIP in lieu of open space requires a Use Permit. To allow construction of public improvements, the ZAB must find that the public improvements:
i. Will be located within the vicinity of the project and are consistent with the SOSIP;
ii. Will be coordinated with other ongoing or approved SOSIP or other right- of-way improvements in the vicinity, and will not create a hazardous situation or an unusual appearance in the downtown; and iii. Will be finished before issuance of a certificate of occupancy for the project, unless otherwise allowed by the project conditions of approval.

Section 5. That Berkeley Municipal Code 23.206.202 Figure 23.206-6 is hereby amended as follows:

TABLE 23.206-6: PERMITS REQUIRED FOR CHANGES TO PROTECTED LAND USES Zoning
District Change to Protected Use
Permit
Required
MM Change any amount of ground-floor protected use
to a non-protected use UP(PH)
Change less than or equal to 20,000 sq. ft. or less
than or equal to 25% of protected use to a non-
protected use
AUP
MU-LI
Change over 20,000 sq. ft. or over 25% of
protected use to a non-protected use UP(PH)
Section 6. That Berkeley Municipal Code Section 23.302.030.D.3.d is amended to read as follows:
(d) Permits issued pursuant to this subsection must be posted in plain view within the commercial establishment for which the permit has been issued Section 7. That Berkeley Municipal Code Section 23.302.070.E.3 is amended as follows:

3. Notification of Decision. Food service establishments requiring an AUP in the C-N, C-E, C-NS, C-SA, C-T, C-SO districts must provide public notification of decision (NOD) within a 300-foot radius of the subject property.

Ordinance No. 7,830-N.S. Page 11 of 13
Section 8. That Berkeley Municipal Code Section 23.404.040.C is amended as follows:

C. Public Notice for Zoning Ordinance Amendments.

1. When Required. Public notice shall be given as required by this section for Planning Commission and City Council hearings on proposed Zoning Ordinance Amendments.

2. Content of Notice. Notice of a public hearing shall contain the following information:
a. The date, location, and time of the hearing.
b. A written description of the proposed amendment.
c. A map showing the location of a proposed Zoning Map amendment, if applicable.
d. The environmental review status under the California Environmental Quality Act (CEQA).
e. Directions on how to obtain further information about the proposed amendment or hearing.
f. Instructions to submit written comments on the proposed amendment.

3. Timing of Notice. Notice shall be provided at least 10 days before the hearing unless a longer notice period is required by state law. The Planning Commission or City Council may require an extended notice period for applications of major significance.

4. All Zoning Ordinance Amendments. The following notice requirements apply to all Zoning Ordinance Amendments.
a. Notice shall be posted at the Civic Center (Old City Hall) and in the lobby of the Permit Service Center.
b. Notice shall be mailed to:
i. Neighborhood and community organizations with a registered interest in receiving notice of the proposed amendment. See Section 23.404.040.E (Public Notice).
ii. The City of Berkeley Central Library; and
iii. Any person who has filed a written request for notice.

5. Zoning Ordinance Text Amendments. In addition to requirements in Paragraph 4 (All Zoning Ordinance Amendments) above, notice of a Zoning Ordinance Text Amendment shall be published in a newspaper of general circulation in the city at least 7 days before the hearing.

Ordinance No. 7,830-N.S. Page 12 of 13

6. Zoning Ordinance Map Amendments. The following notice requirements apply to Zoning Ordinance Map Amendments in addition to requirements in Paragraph 4 (All Zoning Ordinance Amendments) above.
a. Less the 5 Acres. For Zoning Map Amendments affecting an area less than 5 acres, public notice shall be:
i. Posted at three visible locations in the vicinity of the subject property; and ii. Mailed to subject property owners, residents and tenants of the subject property, and all property owners, residents, and tenants within 300 feet of any part of the subject property.
b. 5 Acres or More. For Zoning Map Amendments affecting an area 5 acres or more, public notice shall be:
i. Posted on each street frontage adjacent to the subject property. ii. Mailed to all property owners, residents, and tenants within the subject property.
iii. Published twice in a newspaper of general circulation in the city at least 14 days before the hearing, and then again at least 7 days before the hearing.

7. Additional Notice. The Zoning Officer, Planning Commission, and City Council may require additional public notice as determined necessary or desirable.

8. Failure to Receive Notice. The validity of the hearing shall not be affected by the failure of any property owner, resident, tenant, or neighborhood or community organization to receive a mailed notice.

Section 9. That Berkeley Municipal Code Section 23.502.020.F.3 is hereby amended to read as follows:

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

Ordinance No. 7,830-N.S. Page 13 of 13
Section 10: 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 July 12, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Droste.

Office of the City Attorney

CONSENT CALENDAR
July 26, 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, May 10, 2022, and June 28, 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

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, May 10, 2022, and June 28, 2022. If reviewed and ratified on July 26, 2022, the Council will need to again review and ratify the proclamation by September 24, 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, May 10, 2022, and June 28, 2022.

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

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, May 10, 2022, and June 28, 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

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.

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, May 10, 2022, and June 28, 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.

Office of the City Attorney

CONSENT CALENDAR
July 26, 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, May 31, 2022, and June 28, 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

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 July 26, 2022, the Council will need to review and ratify the resolution by August 25, 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

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

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

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

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

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

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

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

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Not applicable.

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

19. ALTERNATIVE ACTIONS CONSIDERED
None.

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

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

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, May 31, 2022, and June 28, 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 August 25, 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.

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
July 26, 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 June 2 (special), June 13 (closed), June 14 (regular), June 21-4 p.m. (special), June 21-6 p.m. (special), June 27 (closed) and June 28 (regular).

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

1. June 2, 2022-Special Council Meeting

2. June 13, 2022-Closed Council Meeting

3. June 14, 2022-Regular Council Meeting

4. June 21, 2022 (4 p.m.)-Special Council Meeting

5. June 21, 2022 (6 p.m.)-Special Council Meeting

6. June 27, 2022-Closed Council Meeting

7. June 28, 2022-Regular Council Meeting

Thursday, June 2, 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, June 2, 2022
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED IN A HYBRID MODEL WITH BOTH IN-PERSON

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

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

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To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 865 1858 4336. 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.

Attachment 1

Thursday, June 2, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:02 p.m.

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

Absent: Bartlett
Councilmember Bartlett present at 6:05 p.m.

Action Calendar – Public Hearing

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: Conduct a public hearing and upon conclusion:

1. Adopt a Resolution (a) certifying the Final Environmental Impact Report (EIR), adopting the California Environmental Quality Act (CEQA) Findings and Statement of Overriding Considerations, adopting mitigation measures, and adopting a Mitigation Monitoring and Reporting Program (MMRP) for the proposed zoning and General Plan, Municipal Code, and Map amendments; (b) amending the General Plan to include the Ashby and North Berkeley BART Mixed Use Transit Oriented Development General Plan Land Use Classification text and map amendments; and (c) adopting the City and BART Joint Vision and Priorities (JVP) for Transit Oriented Development at the Ashby and North Berkeley BART Stations (Attachment 1 to the report, Exhibits A - F); and

2. Adopt first reading of an Ordinance 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 (Attachment 2 to the report); and

3. Adopt a Resolution adopting the Memorandum of Agreement (MOA) regarding North Berkeley and Ashby Transit-Oriented Developments (Attachment 3 to the report).

Financial Implications: See report
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000 Action: M/S/C (Arreguin/Harrison) to accept:

1. Supplemental material on Item 1 from Councilmember Hahn regarding proposed revisions to the BART Zoning.

2. Revised material on Item 1 from Mayor Arreguin regarding revisions to the City and BART Joint Vision and Priorities document.

3. Revised material on Item 1 from the Planning and Development Department to separate the resolution referenced in the first part of the recommendation into two distinct resolutions.

Vote: All Ayes.

Public Testimony: The Mayor opened the public hearing. 133 speakers.

Action Calendar – Public Hearing
Thursday, June 2, 2022 MINUTES Page 3
M/S/C (Arreguin/Kesarwani) to close the public hearing.

Vote: All Ayes.

Recess 8:10 p.m. – 8:20 p.m.

Action: M/S/C (Arreguin/Robinson) to suspend the rules and extend the meeting to 12:30 a.m.

Vote: All Ayes.

Recess 10:44 p.m. – 10:49 p.m.

Action: M/S/C (Arreguin/Kesarwani) to adopt Resolution No. 70,400–N.S. as revised in the materials from the City Manager in Supplemental Communications Packet #3, (a) certifying the Environmental Impact Report for the Ashby and North Berkeley BART Stations Transit-Oriented Development Zoning Project (SCH# 2020110320) (“EIR”), Adopting California Environmental Quality Act (CEQA) Findings and a Statement of Overriding Considerations, Mitigation Measures, and a Mitigation Monitoring and Reporting Program; (b) Adopting General Plan Amendments for the Ashby and North Berkeley Bart Station Areas. Mitigation Measure GHG-1 of the CEQA Findings Statement of Overriding Considerations (Exhibit D to the Resolution) is amended to read as follows:

Mitigation Measure GHG-1: GHG Reduction Program. Applicants for future development allowed under the proposed project shall prepare and implement a Greenhouse Gas Reduction Program (GGRP) that includes on- site GHG reduction measures to reduce the project’s total remaining GHG emissions to 1.1 MT of CO2e per service person per year or less (a total of approximately 1,355 MT of CO2e per year). Potential options include, but would not be limited to:
 Supply 100 percent of electricity from renewable energy resources. Current options include opting into EBCE’s Renewable 100, PG&E’s Solar Choice, or PG&E’s Regional Renewable Choice.
 Install additional electric vehicle charging stations beyond those required under BMC Chapter 19.37 within proposed parking areas.
 Implement a transportation demand program that includes measures beyond those required by the City of Berkeley Transportation Demand Management (TDM) requirements. Program measures may include priority parking spaces for carpools, electric rideshare vehicles for residents and employees, and a bicycle sharing program.
 Prohibit installation of natural gas fireplaces. Comply with BMC Chapter

12.80 prohibiting the installation of natural gas infrastructure in newly constructed buildings.
 Use electric-powered construction equipment.
 Use electric-powered landscape equipment.

Staff is authorized to make clarifying changes to the language to conform to Council’s action.

Vote: All Ayes.

Action Calendar – Public Hearing
Thursday, June 2, 2022 MINUTES Page 4
Action: M/S/C (Arreguin/Hahn) to adopt Resolution No. 70,401–N.S. adopting the Memorandum of Agreement (MOA) between the City of Berkeley and the Bay Area Rapid Transit District regarding the North Berkeley and Ashby Transit-Oriented Developments including Exhibit A in the supplemental material from the City Manager in Supplemental Communications Packet #1.

Vote: All Ayes.

Action: M/S/C (Arreguin/Kesarwani) to adopt Resolution No. 70,402–N.S. adopting the City and BART Joint Vision and Priorities document for Transit Oriented Development and the implementation of Assembly Bill 2932 at the Ashby and North Berkeley BART Stations areas as submitted in the supplemental material from the City Manager in Supplemental Communications Packet #3, including revisions to the Joint Vision and Priorities document as reflected in the revised material from the Mayor in Supplemental Communications Packet #3, with further amendments to the Public and Civic Space section of the Joint Vision and Priorities document to revise Shared Priorities sub-section A to read as follows:

A. Maintenance Costs. New civic space should be maintained by the developer and/or lessee to minimize the ongoing cost of operations and maintenance to BART and the City.

Vote: All Ayes.

Action: M/S/C (Arreguin/Kesarwani) to suspend the rules and extend the meeting to 12:40 a.m.

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

Action: M/S/Failed (Hahn/Wengraf) to adopt first reading of Ordinance No. 7,815– N.S as revised in the supplemental materials from the City Manager in Supplemental Communications Packet #2 (including a Floor Area Ratio Maximum of 4.2, a Main Building Height Maximum of 80 feet and 7 Stories, and a Residential Density Minimum of 75 dwelling units per acre), and further amended by the revised material from Councilmember Hahn in Supplemental Communications Packet #3, amending 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, with the following additional amendments:

1. Revising the fourth entry of Table 23.202-27 to read as follows:

Frontage
Locations
Permitted Street-Facing Ground Floor
Uses
Along Sacramento, along the Ohlone Greenway,
or within 50 feet of any street corner, except at
the corner of Acton and Virginia.

Residential or Non-Residential Uses

2. Referring to the City Manager to consider varied heights as part of the Objective Design Standards Process.

Action Calendar – Public Hearing
Thursday, June 2, 2022 MINUTES Page 5

3. Authorizing the City Manager and the City Attorney to make any necessary non- substantive amendments in line with Council’s action.

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

Action: M/S/Carried (Arreguin/Harrison) to adopt first reading of Ordinance No. 7,815–N.S as revised in the supplemental materials from the City Manager in Supplemental Communications Packet #2 (including a Floor Area Ratio Maximum of

4.2, a Main Building Height Maximum of 80 feet and 7 Stories, and a Residential Density Minimum of 75 dwelling units per acre), and further amended by the revised material from Councilmember Hahn in Supplemental Communications Packet #3 and as clarified in the Mayor’s revisions that were verbally added by reference, amending 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, with the following additional amendments:

1. Revising the fourth and fifth entries of Table 23.202-27 to read as follows:

Frontage
Locations
Permitted Street-Facing Ground Floor
Uses
Along Sacramento, along the Ohlone Greenway,
or within 50 feet of any street corner, except at
the corner of Acton and Virginia.

Residential or Non-Residential Uses
Along Delaware, Acton, or Virginia Residential Uses

2. Excluding the following elements from the amendments submitted by Councilmember Hahn in Supplemental Communications Packet #3, and instead referring them to the City Manager for consideration as part of the BART Community Objective Design Standards Process:

Private Usable Open Space: Consider standards for private usable open space.

For example:
“70% of Private Usable Open Space may be provided as any combination of personal and common private space. 30% must be provided as personal private space.”
Rooftop Open Space: Consider rooftop open space standards that are more stringent than those adopted by the zoning ordinance. For example:
“Rooftops may be utilized as Private Usable Open Space or, if within 35 vertical feet of ground level and easily accessible from ground level Public Open Space, as Public Open Space meeting the requirements of 23.202.150.A.3 (Additional Open Space Requirements – Definitions). No more than 15% of Public Open Space requirements can be met with Rooftop Open Space.”

Action Calendar – Public Hearing
Thursday, June 2, 2022 MINUTES Page 6
Front Setbacks: Consider a landscaped buffer. For example:
“A landscaped buffer and street trees, as well as sidewalks wide enough for peak pedestrian circulation, are required along all perimeter public rights-of-way. If necessary, these may be achieved through setbacks or a dedication of land to the right-of-way.”
Transparency – Required Openings: Consider a lower limit for the amount of space without a window, door, or other similar building opening. For example:
“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 25 feet without a window, door, or other similar building opening.”
Illumination. Consider standards for illumination that are appropriate for each station.

Parking Design and Access – Drop-Off and Delivery. Consider standards for placement of commercial and passenger pick-up and drop-off zones. For example:
“Drop-Off and Delivery. All commercial and passenger pick-up and drop-off shall be provided for on site, adjacent to public or private streets.” Off-Street Parking: Consider off-street parking space standards to accommodate accessible parking. For example:
“R-BMU District: None required, except that accessible parking spaces shall be provided in a Title 24 ratio calculated as if one parking space were required per unit, and at least 50% of accessible spaces shall be van-accessible.”

3. Referring to the City Manager to consider varied heights as part of the Objective Design Standards Process.

4. Authorizing the City Manager and the City Attorney to make any necessary non- substantive amendments in line with the direction of Council.

Second reading of the ordinance is scheduled for June 28, 2022.

Vote: All Ayes.

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

Vote: All Ayes.

Thursday, June 2, 2022 MINUTES Page 7
Adjourned at 12:25 a.m.

I hereby certify that the foregoing is a true and correct record of the special session meeting held on June 2, 2022.
________________________
Rose Thomsen, Deputy City Clerk
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. Ethan Byxbe

2. Tom Reilly

3. Linda Rosen

4. Larry Orman

5. Sue Martin

6. Rose Ann Cochran

7. Adam Davis and Oana Cogan

8. Nina Torcoletti

9. North Berkeley Neighborhood Alliance

10.Ian Petrich

11.Cece Littlepage

12.Becki and Peretz Wolf-Prusan

13.Anne Boersma (2)

14.Laura Garcia Moreno

15.Carolyn McNiven

16.Stephanie Manning

17.Rachel Bradley

18.Sabina McMurtry

19.Cherie Hearne

20.Diana Bohn

21.Sue Martin

22.Ernie Mansfield

23.Phil Allen

24.David Brandon

25.Michelle Pasternack

26.Aimee Baldwin

27.Emily Klion

28.Steve Sperber

29.Richard Links

30.Doris Nassiry

31.Vicki Sommer

32.Roberta Silverstein

33.Barbara Rydlander

34.Valerie Dow

Thursday, June 2, 2022 MINUTES Page 8

35.Laura Magnani

36.Kathleen Davis

37.Zelda Bronstein

38.Julieta Pisani McCarthy (2)

39.Toni Casal

40.Todd Jailer

41.Verna Uchida

42.Herbert Dang

43.Mary Louise Zernicke

44.Margaret Tormey

45.Councilmember Harrison

46.Sean Martin-Hamburger

47.Kerna Trottier

48.Leni Siegel

49.Dan Sibley

50.Ivan and Sarah Diamond

51.Josh Gutwill

52.Sue Jones

53.Inette Dishler

54.Elisa Mikiten

55.James Babcock

56.Susan DeMersseman

57.Scott Selmanoff

58.Barbara Shayesteh

59.Kris Muller

60.Leslie Dickersin

61.Eleni Sotos

62.David Ushijima

63.Emily McAfee

64.Karen Jacobs

65.Milo Trauss

66.Berkeley Neighborhood Council

67.Donna Mickleson

68.Jack Sawyer

69.Walter Wood

70.Ida Kuluk

71.Jackson Lester

72.Meryl Siegal

73.Larry Orman

74.Campbell B

75.Stephen Most

76.Rick Marcus

77.Kathleen Carroll

78.Jenifer Steele

79.Robert Dering and Gay Gale

80.Mark Ally

81.Maris Arnold

82.Justin Baldwin

83.Margot Smith

Thursday, June 2, 2022 MINUTES Page 9

84.Stephen Wood

85.Leni Siegel

86.Judith Brown and Shannon Brown

87.Louise Rosenkrantz

88.Tobey Wiebe

89.Jonathan Lipschutz

90.Linda Wood

91.Phyllis Oyama

92.Leslie Stone

93.Sally Hughes

94.Seth Kimball

95.Rob Wren

96.Michele Arreola-Burl

97.Todd Darling

98.Roberta Silverstein

99.Stephen Sperber
100. Janel Coleman and Berne Reuben
101. Nancy Graham
102. Priscilla Hine
103. Chris McKee
104. Kenneth Gross
105. Ednah Beth Friedman
106. Janice Schroeder
107. Cecile Leneman
108. Jeannette MacMillan
109. Joan Hamilton
110. Catherine Ronneberg
111. Linda Rosen
112. Cressida Simpson
113. Jordan Harrison
114. Charlene Harrington
115. Margaret Pritt
116. Ben Domingue
117. Toni Mester
118. Summer Brenner
119. Lynn Cooper
120. Tobey Wiebe
121. Phyllis Rothman
122. John Carroll
123. Lee Bishop
124. Louise Specht
125. Phyllis Orrick
126. Megan Wachpress
127. Jeannette MacMillan
128. Stephen Woodrow
129. Alfred Twu
130. Michael Barglow
131. Chris and Libby Lee-Egan
132. James Mattson

Thursday, June 2, 2022 MINUTES Page 10
133. 44 similarly-worded form letters (JVP 1-4)
134. 17 similarly-worded form letters (7 stories max)
Supplemental Communications and Reports 1
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 135. Supplemental material, submitted by the City Manager’s Office 136. Negeene Mosaed
137. Laura Klein
138. Lisa Bruce
139. Virginia Warheit
140. Kris Eggen
141. Maria and Rick Faszholz
142. Linda Helman
143. Paola Laverde, on behalf of the Berkeley Tenants Union 144. Sally Bean
145. Elana Auerbach
146. Elizabeth Wilson
147. David Simpson
148. Vicki Sommer
149. Marice Ashe
150. Phil Allen
151. William Bombria
152. Ann May
153. Mary Lai
154. Alden Mudge and Mari Loria
155. Julieta Pisani McCarthy
156. Roberta Hopkins
157. Jane McKinne
158. Richard Whittow
159. Jennifer Willmann
160. Jane Kitchel
161. Martha Geering
162. S. Entwistle
163. David and Koho Baker
164. David Levine
165. Lina Urbain
166. Constance Rivemale
167. Linda Franklin
168. Leslie Valas
169. Anne-Lise Francois
170. Sheila Himmel
171. Carla Woodworth
172. Marianne Sluis
173. Friends of Adeline
174. Stephanie and Ali Alladin
175. Tony Corman

Thursday, June 2, 2022 MINUTES Page 11
176. Robert Schonberger
177. Patricia and Kazu Iwasaki
178. Joanna Baker
179. Gabriela Kipnis
180. Janice Schroeder
181. Michelle Pasternack
182. Eileen Joyce
183. Colette Meunier
184. Ronald Berman
185. Karl Goldstein
186. Jeanne Schuman
187. Wei-Bing Chen
188. Eva Herzer
189. Edward Opton
190. Margot Smith
191. Melanie Lawrence and John Smail
192. Tom Anthanasiou
193. Judy Kellman
194. Shmuel
195. Donna Anderson
196. Haynes Sheppard
197. Ellen Kramer
198. Wendy Alfsen
199. Miriam Shipp
200. Fran Sheppard
201. Andrea Meghrouni-Brown
202. Joanne Bowsman
203. Jeff and Cathy Brown
204. Roxanne Fiscella
205. Diana Bohn
206. Sara Antunovich
207. Joan Bradus
208. David Lerman
209. Albert Buizade Farre
210. Carolyn Weil
211. Rebecca Lidow
212. Heather Kostrzewa
213. Diana Rowan
214. Mari Kalishock
215. Charlene Woodcock
216. Berkeley Citizens Action Steering Committee
217. Leni Siegel
218. Mel Weitsman
219. Tom Graly
220. Harald Leventhal
221. Davoud Kermaninejad
222. DM P
223. Afy Downey
224. Adam Fuchs

Thursday, June 2, 2022 MINUTES Page 12
225. Norman McKnight
226. Dewayne Cecil
227. Emilie Strauss
228. Lynn Van Housen
229. Derek and Deirdre Popplewell
230. Barryett Enge
231. Marla and Rick Faszholz
232. Julie Searle
233. Andy Kivel
234. Susan Mathews
235. Laurie MacDougall
236. Mary Lee Noonan
237. Gerda Korner
238. Janie Hall
239. Judith Barish
240. Michael Frantz
241. Ednah Beth Friedman
242. George Hull
243. Sandy Emerson
244. Jennifer Jacobs
245. Vincent Casalaina
246. Christopher Kroll
247. Margaret Goodman
248. Richard Kalman
249. Laura Fujii
250. Jackie
251. Jacqueline Beth
252. Stephen Wood
253. Seth Kimball
254. Marvin Snow
255. Eileen Hughes
256. Friends of Adeline Petitions
257. Laura Goodman
258. Deborah Roosevelt
259. Karen Chernoff
260. Million Skoda
261. Donna Dediemar
262. Tom Hertenstein
263. Elsa Tranter
264. Bronya Feldman
265. Steve Meyers
266. Yuko Fukami
267. Georg Killingsworth
268. Judith Tabb
269. Susan Brand
270. Richard Boyden
271. Ernest Isaacs
272. Stan Goldberg
273. Andrea Cassidy

Thursday, June 2, 2022 MINUTES Page 13
274. Judith Barish
275. Robert Warden
276. Kenneth Sisson
277. Danial Shariat
278. 48 similarly-worded form letters
Supplemental Communications and Reports 2
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 279. Supplemental material, submitted by the City Manager’s Office 280. Becca Freed
281. Christine Reed
282. Chris McKee
283. Bob Flasher
284. Jennifer Kennedy
285. Kevin James
286. Mark Mueller
287. Naomi Pearce
288. Susan Brand
289. Skylar Hope Davis
290. Les Guliasi
291. Michael Brodheim
292. Mickey Butts
293. Ellen Greenblatt
294. Tom Ferris
295. Ken Powelson
296. Elizabeth Snowden
297. Francine Ostrem
298. Priscilla Myrick and Tom Cutillo
299. David Mendelsohn
300. Thea Davison
301. Travis Close
302. Derek Popplewell
303. Yoel Kahn
304. Bhima Sheridan
305. Lynn Barrow
306. John Rice
307. Chris Lee-Egan
308. Abbie Turiansky
309. Marsha Weintraub
310. Ben Domingue
311. Zachary Ferguson
312. Jack Kurzweil
313. Pablo Diaz-Gutierrez
314. Mary Behm-Steinberg
315. Stephanie Allan
316. Benjamin Kadish
317. Eric Dodds

Thursday, June 2, 2022 MINUTES Page 14
318. Nancy Lewin
319. Richard Laden
320. Leonard Mudrock
321. Tobey Wiebe
322. Richard Bunce
323. Shawn Drost
324. Tony Corman
325. Seth Kimball
326. Mary Law
327. Beth Goldstein
328. Bob Chlebowski
329. Cheryl Davila
330. Jean Peters
331. Dan Feinberg
332. Eliot Jordan
333. Kori Kody and Steve Jackson
334. Danny Snyder
335. Jane McKinne
336. Kate Kirkhuff
337. Sue Chan
338. Sheri Tharp
339. Elaine Magree
340. Judy Bebelaar
341. Marg Hall
342. Dawn Thomas
343. Susie Zukor
344. Diana Bohn
345. Ludovic Blain
346. Christina Tworek
347. Dough0918@
348. Kirsten Rose
349. Carrie Evans
350. Judy Turley and Duane Anderson
351. Jeffrey Kaplan
352. Abderzak Mehdhkour
353. Carol Cohen
354. Shirely Kirsten
355. Elizabeth MCarthy
356. Sheila Goldmacher
357. Eileen Hughes
358. Liz Ruhland
359. Nicole Henley
360. Kay Schwartz
361. Bruce Alexander
362. Peggy Scott
363. Mori Achen
364. Sara Wolf
365. Claudia Valas
366. Peggy Scott

Thursday, June 2, 2022 MINUTES Page 15
367. Edward Opton
368. Ryan Max Steinberg
369. Ariana Thompson-Lastad
370. Barbara Fisher
371. Bonnie Gold
372. Zachary Ferguson
373. Kathleen Tuttle
374. Margaret Pritt
375. Felicia Brandon
376. Heidi Nelson
377. Albert Buixade Farre
378. Bobbi Sloan
379. Adrien
380. Jenifer Steele
381. Mrs. The-Ah Cao
382. Katherine Baylor
383. Laura Peterson
384. Shana Rocklin
385. Brendan Irvine-Broque
386. Phyllis Orrick
387. Vicki Sommer
388. Jia Yang
389. Mayling Yang
390. Alicia Klein
391. Shua Chai
392. Todd Andrew
393. Victor Gaspar
394. Libby Lee-Egan
395. Ben Gerhardstein
396. Jim Offel
397. Evan Kerr
398. Justin McAdams
399. Cynthia Johnson
400. Andrew Chen
401. Sue Martin
402. Mariam Barrere
403. Doyle Irvin
404. Larry Orman
405. Johan Busch
406. Karen Benioff Friedman
407. Richard Wallace
408. Councilmember Hahn
409. Gloria Elissha
410. D. Resek
411. Felicia Fields
412. Claire Woodrow
413. Gregory Magofna
414. John Daniel
415. Julie Lamont and Phil Price

Thursday, June 2, 2022 MINUTES Page 16
416. Ludene Murphree
417. Don Grether
418. Solon Stewart
419. Alvin Warwas
420. Carolyn Shoulders
421. Bernard Marszalek
422. Michelle Mebine
423. David Lerman
424. Bill Springer
425. Pamela Webster
426. Stephen Alpert
427. Carole Meyers
428. Jonathan
429. Sharon Wheat
430. Michelle Pasternack
431. Daniel Jurnove
432. Keri Ferencz
433. Mary Parks
434. Margot Smtih
435. Milo Trauss
436. Jenn Guitart
437. Teresa Clarke
438. Joey Feldman
439. Stephen Vonder Haar
440. Bhima Sheridan
441. Jack Kurzweil
442. Alex Newkirk
443. Kurt Worthington
444. David Soffa
445. Tom and Mary Breiner
446. Elizabeth Givens
447. Elliot Warren
448. Andrew Fox
449. Christine Meuris
450. Gregory Kalkanis
451. Daren Fields
452. Tatiana Libman
453. Daniel Killian
454. Chris Harrelson
455. Margot Smth
456. Nate Kane
457. Nanette Cowardin-Lee
458. Dorothy Gray
459. Vishal Ganesan
460. Sandra Blair
461. Dora Zhang
462. Anne Boersma
463. Alan Tobey
464. Grayson Peters

Thursday, June 2, 2022 MINUTES Page 17
465. Bobby Lutzker
466. Ronan Potage
467. Nico Calavita
468. Shirley Dean
469. Olga Louchakova-Schwartz
470. Josh Cohen
471. Mara and Richard Carman
472. Timothy Nelson
473. Janis Pearson
474. Jeffrey Wescott
475. Ariella Granett
476. Jane Scantlebury
477. Andrea Altschuler
478. Duncan MacRae
479. Gloria Schild
480. Trudy Obi
481. Jeff
482. Sara Kershnar
483. Mancy Steele
484. Mary Dorst
485. Vicki Sommer
486. Edward Opton
487. Jeanne Miller
488. Eileen Hughes
489. Dmitriy Shirchenko
490. Friends of Adeline
491. Chuck Siegel
492. Jason Pinost
493. Pamela Webste
494. James Angus
495. Jan Stock
496. Alan Baer
497. Sophia DeWitt
498. Thomas Lord
499. Julie Tell
500. Frances Cave
501. Rebecca Goodin
502. Zack Subin
503. Rory Aptekar
504. Gamma Zon
505. Sarah Boudreau
506. Negeene Mosaed
507. Adam Rogers
508. Raul Maldonado
509. Chris Gilbert
510. Ranjit Bharvirkar
511. S. Entwistle
512. Kathleen Curran
513. Fernando Olmedo

Thursday, June 2, 2022 MINUTES Page 18
514. Liz Lisle
515. Tony Warwick
516. Mary Lawrence Hicks
517. Thomas Luce
518. Sarah Bell
519. Dan Kammen
520. Audre Newman
521. Deborah Kropp
522. Chimey Lee (2)
Supplemental Communications and Reports 3
523. Presentation, submitted by the Planning and Development 524. Revised material, submitted by Planning and Development 525. Revised material, submitted by Mayor Arreguin
526. Revised material (1), submitted by Councilmember Hahn 527. Revised material (2), submitted by Councilmember Hahn 528. Claire Broome
529. Thea Bellos
530. Robert Gable
531. Eric-Michael Wilson II
532. Dina Roumiantseva
533. Lizabeth Klein
534. Theo Gordon
535. Kelly Burkett
536. Liza Lutzker
537. Ned Resnikoff
538. Christa Burgoyne
539. Michael Scott
540. Phyllis Kamrin
541. Christopher Kroll
542. Tanja Schlosser
543. Gary Glickman
544. Dale Smith
545. Dan Gluesenkamp
546. Marjorie Winter
547. Leslie Valas
548. Craig Koester
549. Lynda Caesara
550. Kristin Leimkuhler
551. Charlene Woodcock
552. Vincent Casalaina
553. Nikki Sachs
554. Bianca Walser
555. Barney Greinke
556. Jennifer Wright
557. Olalere Williams
558. Pamela Smith

Thursday, June 2, 2022 MINUTES Page 19
559. Pallop Wilairat
560. Vicki Sommer
561. Elisabeth Lamoureaux
562. Mary Wrenn
563. Karen Street
564. David Landon
565. John Givens
566. Bob Baldwin
567. Russel Bates
568. Jennie McDonald
569. Koji Fujioka
570. Geoffrey Holton
571. Catherine Rice
572. Paul Robins
573. Alex Stec
574. Elizabeth Ditmars
575. Katharine Bierce
576. Alexandra Yurkovsky
577. Nancy Kates
578. Susan Rawlins (2)
579. Marcia DuBois
580. Maggie Parks
581. Art Goldberg
582. Claire Fitzgerald
583. Andrea Voinot
584. Joanna Picciotto
585. Becca Schonberg
586. Christine and David Goldin
587. Sue Jones
588. Jack Sawyer
589. Clifford Fred
590. Jeanne Clinton
591. Karen Fiene
592. Noel and Penny Nellis
593. E. Anne Griffiths
594. Jonathan Singh
595. Susan Johnson
596. Chris Hamilton
597. Alicia Klein
598. Steve Akana
599. Melissa Pauna
600. Nayer and Gary Gatterman
601. Kathleen and Russell Lopes
602. Adriana Valencia
603. Jon Wehry
604. Belinda Lyons-Newman
605. Genesee Herzberg
606. Jennifer Millar
607. Lauren Carroll

Thursday, June 2, 2022 MINUTES Page 20
608. Xanthippe Phillips
609. Rachel Gold
610. Lisa Camasi
611. Garret Dellwo
612. Vika Teicher
613. Julia Zuckerman
614. Sophie Green
615. Gabriela de la Rosa
616. Russ Greene
617. Stephen Dalton
618. Leslie Valas
619. Margaret Tormey
620. Cora Johnson-Grau
621. Ross Bernet
622. Mary Lai
623. Michael Several
624. Susan Palo
625. Nelly Coplan
626. Donna Evans
627. Michael Hyatt
628. Rainbow Rubin
629. Jane Scherr
630. Melissa Riley
631. Michael Caplan
632. Isabelle Gaston and Steve Robey
633. David Coy
634. Joseph Feldman
635. Andrea Horbinski
636. Chimey Lee
637. Hannah Bruegmann
638. Naor Deleanu
639. Ellen Kramer
640. Micahel Goldberg
641. Elizabeth Davids
642. Ben Gould
643. Maria Sakovich
644. Meryl Siegal
645. Marilyn Simons
646. Sarah Jones
647. Fred Krieger
648. Sabina McMurtry
649. Harald Leventhal
650. Daniel Keller
651. Ariel Zucker
652. Johanna Eigen
653. Lily Bernheime
654. Leslie Retallick
655. Robert Abiad
656. Naomi Janowitz

Thursday, June 2, 2022 MINUTES Page 21
657. Lori Hines
658. Preston Mui
659. Sean Gibson
660. Fiona Baker
661. Vicki Sommer
662. Alisa Foster
663. Adam Berman
664. Tamara Crane
665. Michael O’Heaney
666. Joaquin Carbonell
667. Scott McGlashan
668. Tony Wilkinson
669. Donna Mickleson
670. Linda Franklin
671. Mark Rhoades (2)
672. Ellen Hahn
673. Neal Donnelly
674. Colin DuRant
675. Jeffrey Carter
676. Barbara Rydlander
677. Enid Camps
678. Dan Newman
679. Aileen Paterson
680. Irene Chan
681. George Porter
682. Deena Aranoff
683. Kelley Kahn
684. Fran Segal
685. Tony Chapelle
686. Erik Wiener
687. David Cobb
688. Moni Law
689. Margot Smith
690. Adam Weisberg
691. Teresa Clarke
692. Paul Lee
693. Councilmember Harrison
694. Mark Mueller
695. Julieta Pisani McCarthy
696. Basak Altan
697. Margot Smith
698. Theo Posselt
699. Andrea Altschuler
700. March Schirmer
701. Desmid Lyon
702. David Lerman
703. Mary Louise Zernicke
704. Dawn Thomas
705. Charlene Woodcock

Monday, June 13, 2022 MINUTES Page 1

M I N U T E S

BERKELEY CITY COUNCIL SPECIAL MEETING
MONDAY, JUNE 13, 2022
4:30 P.M.

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH

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

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/88324327577. 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 2432 7577.

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

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

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

Attachment 2

Monday, June 13, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 4:30 p.m.

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

Absent: Kesarwani
Councilmember Kesarwani present at 4:40 p.m.

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

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

1. CONFERENCE WITH 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. Ruegg & Ellsworth v. City of Berkeley, Alameda County Superior Court, Case No.

RG18930003
Action: M/S/C (Arreguin/Hahn) to authorized the City Attorney to file an appeal of the order fixing the bond amount in Ruegg & Ellsworth v. City of Berkeley, Alameda County Superior Court, Case No. California Case No. RG18930003.

Vote: All Ayes.

OPEN SESSION:

The City Council met in closed session and authorized the City Attorney to file an appeal of the order fixing the bond amount in Ruegg & Ellsworth v. City of Berkeley, Alameda County Superior Court, Case No. California Case No. RG18930003.

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

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

Adjourned at 7:22 p.m.

Monday, June 13, 2022 MINUTES Page 3
Councilmember Harrison absent at 7:10 p.m.

Councilmember Bartlett absent at 7:15 p.m.

I hereby certify that the forgoing is a true and correct record of the special closed meeting of June 13, 2022 as approved by the Berkeley City Council. __________________________________
Rose Thomsen, Deputy City Clerk

Tuesday, June 14, 2022 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, June 14, 2022
6:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH

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

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

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/83933192334. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 839 3319 2334 . If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

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

Attachment 3

Tuesday, June 14, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:01 p.m.

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

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

Councilmember Taplin present at 6:10 p.m.

Mayor Arreguin present at 6:18 p.m.

Report from Closed Session
The City Council met in closed session and authorized the City Attorney to file an appeal of the order fixing the bond amount in Ruegg & Ellsworth v. City of Berkeley, Alameda County Superior Court, Case No. California Case No. RG18930003.

Ceremonial Matters:

1. Presentation: Alameda County Affordable Housing Portal

2. Adjourned in Memory of James “JT” Street, City of Berkeley Public Works Department Employee

3. Recognition of Juneteenth Holiday on June 19, 2022

4. Recognition of Elder Abuse Awareness Month
City Manager Comments:

1. The City Manager provided an update on the recruitments for the positions of Director of Police Accountability and Chief of Police.

2. The City Manager provided an update regarding the City’s Sanctuary Contracting Ordinance.

Public Comment on Non-Agenda Matters: 10 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 8 speakers.

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

Vote: All Ayes.

Consent Calendar
Tuesday, June 14, 2022 MINUTES Page 3

1. Ordinance authorizing an amendment to the contract between the City Council of the City of Berkeley and the Board of Administration of the California Public Employees’ Retirement System
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,813-N.S. amending the City’s contract with CalPERS to effectuate changes to the cost sharing agreement between the City and PEPRA members of Service Employee International Union, Local 1021 Maintenance and Clerical (SEIU MC), Public Employees Union Local 1 (Local 1), Community Services & Part-Time Recreation Leaders Associations Local 1021 (SEIU CSU/PTRLA), and the Unrepresented Employees Group.

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

Financial Implications: See report
Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: Adopted second reading of Ordinance No. 7,813–N.S.

2. Commission Reorganization: Amendments to Berkeley Municipal Code Section

7.52.190 (Homeless Services Panel of Experts)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,814-N.S. amending Section 7.52.190 of the Berkeley Municipal Code, the enabling legislation for the Homeless Services Panel of Experts (HSPOE) to add the functions of the Homeless Commission as found in Resolution No. 60,647-N.S.

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

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted second reading of Ordinance No. 7,814–N.S.

3. Placing a Measure on the November 8, 2022 Ballot Related to Housing for Persons of Low-Income
From: City Manager
Recommendation:

1. Adopt a Resolution submitting a measure related to housing for persons of low- income to a vote of the electors at the November 8, 2022 General Municipal Election.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: No direct fiscal impacts
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: 1. Adopted Resolution No. 70,403–N.S. 2. Designated Mayor Arreguin, Councilmember Harrison, and Councilmember Hahn to file ballot measure arguments on this measure on behalf of the Council.

Consent Calendar
Tuesday, June 14, 2022 MINUTES Page 4

4. Donation to the Animal Shelter from the U.C. Davis Koret Shelter Medicine Program
From: City Manager
Recommendation: Adopt a Resolution accepting a grant from the U.C. Davis Koret Shelter Medicine Program to Animal Care Services in the sum of $5,000.

Financial Implications: Animal Services Donation Fund - $5,000 (Donation) Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,404–N.S.

5. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 14, 2022
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $270,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

6. Temporary Appropriations FY 2023
From: City Manager
Recommendation: Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2022, until the effective date of the FY 2023 Annual Appropriations Ordinance.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 70,405–N.S.

7. FY 2023 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M, November 2012 Election) From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate funding the debt service on the Street and Integrated Watershed Improvements General Obligation Bonds (Measure M, November 2012) at 0.0075%.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopt first reading of Ordinance No. 7,816–N.S. Second reading scheduled for June 28, 2022.

Consent Calendar
Tuesday, June 14, 2022 MINUTES Page 5

8. FY 2023 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate for funding the debt service on the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) at

0.0058%.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopt first reading of Ordinance No. 7,817–N.S. Second reading scheduled for June 28, 2022.

9. FY 2023 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate funding the debt service on the 2015 consolidation of Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0130%.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopt first reading of Ordinance No. 7,818–N.S. Second reading scheduled for June 28, 2022.

10. FY 2023 Tax Rate: Fund the Debt Service on the Affordable Housing General Obligation Bonds (Measure O, November 2018 Election)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate funding the debt service on the Affordable Housing General Obligation Bonds (Measure O, November 2018) at 0.0200%.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopt first reading of Ordinance No. 7,819–N.S. Second reading scheduled for June 28, 2022.

11. FY 2023 Tax Rate: Business License Tax on Large Non-Profits From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate for Business License Tax on large non-profits at $0.7573 (75.73 cents) per square foot of improvements.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopt first reading of Ordinance No. 7,820–N.S. Second reading scheduled for June 28, 2022.

Consent Calendar
Tuesday, June 14, 2022 MINUTES Page 6

12. FY 2023 Tax Rate: Fund the Provision of Emergency Medical Services (Paramedic Tax)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate for funding the provision of emergency medical services to Berkeley residents at $0.0433 (4.33 cents) per square foot of improvements.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopt first reading of Ordinance No. 7,821–N.S. Second reading scheduled for June 28, 2022.

13. FY 2023 Tax Rate: Fund Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate for funding Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF) in the City of Berkeley at the annual tax rate of $0.1126 (11.26 cents) per square foot of improvements.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Abe Roman, Fire, (510) 981- 3473
Action: Adopt first reading of Ordinance No. 7,822–N.S. Second reading scheduled for June 28, 2022.

14. FY 2023 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.2039 (20.39 cents) per square foot of improvements.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopt first reading of Ordinance No. 7,823–N.S. Second reading scheduled for June 28, 2022.

15. FY 2023 Tax Rate: Fund the Debt Service on the Infrastructure and Facilities General Obligation Bonds (Measure T1, November 2016 Election) From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate funding the debt service on the Infrastructure and Facilities Improvements General Obligation Bonds (Measure T1, November 2016) at 0.0160%.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopt first reading of Ordinance No. 7,824–N.S. Second reading scheduled for June 28, 2022.

Consent Calendar
Tuesday, June 14, 2022 MINUTES Page 7

16. FY 2023 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate for funding the provision of emergency services for the disabled at $0.01932 (1.932 cents) per square foot of improvements.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopt first reading of Ordinance No. 7,825–N.S. Second reading scheduled for June 28, 2022.

17. FY 2023 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2023 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley at the rate of $0.05818 (5.818 cents) per square foot of improvements for dwelling units and setting the rate for all other property at $0.08804 (8.804 cents) per square foot of improvements.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Abe Roman, Fire, (510) 981- 3473
Action: Adopt first reading of Ordinance No. 7,826–N.S. Second reading scheduled for June 28, 2022.

18. FY 2023 Special Tax Rate: Fund the Provision of Library Services From: City Manager
Recommendation: Adopt first reading of an ordinance setting the FY 2023 tax rate for funding the provision of Library Services in the City of Berkeley at $0.2583 (25.83 cents) per square foot for dwelling units and $0.3906 (39.06 cents) per square foot for industrial, commercial, and institutional buildings.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Tess Mayer, Library, (510) 981- 6100
Action: Adopt first reading of Ordinance No. 7,827–N.S. Second reading scheduled for June 28, 2022.

19. Designate the Line of Succession for the Director of Emergency Services From: City Manager
Recommendation: Adopt a Resolution approving the designated line of succession to the position of Director of Emergency Services in the event of an emergency, and rescinding Resolution No. 69,919-N.S.

Financial Implications: None
Contact: Abe Roman, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,406–N.S.

Consent Calendar
Tuesday, June 14, 2022 MINUTES Page 8

20. St. Paul Terrace Housing Trust Fund Reservation
From: City Manager
Recommendation: Adopt a Resolution: 1. Reserving $8,551,040 in Housing Trust Funds for Community Housing Development Corporation’s St. Paul Terrace (2024 Ashby) affordable housing development, conditioned on the project obtaining planning entitlements within 24 months; and 2. Authorizing the City Manager or her designee to execute all original or amended documents or agreements to effectuate these actions.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,407–N.S.

21. Classification and Salary: Senior Economic Development Project Coordinator From: City Manager
Recommendation: Adopt a Resolution establishing the Senior Economic Development Coordinator classification (Local 1) with a monthly stepped salary range of $11,219.88 to $13,775.00 effective June 15, 2022.

Financial Implications: None
Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,408–N.S.

22. Contract No. 8392 Amendment: Innovative Claim Solutions (ICS) for claims administration of the City’s Workers’ Compensation Program From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to extend Contract No. 8392 with Innovative Claims Solutions (ICS) to provide third-party claims administrative services, Medicare, Medicaid, and SCHIP Extension Act (MMSEA) Section 111 Mandatory Reporting to the Centers for Medicare & Medicaid Services (CMS), for an additional amount of $598,560 for July 1, 2022 through June 30, 2023.

Financial Implications: Workers’ Compensation Self-Insurance Fund - $598,560 Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,409–N.S.

23. Contract: Axon Enterprise, Incorporated for Body Worn Cameras, Storage and Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Contract with Axon Enterprise, Incorporated to provide body worn cameras, equipment, software, and services for an amount not to exceed $1,115,000 over the next five years through Fiscal Year 2027.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Moved to Action Calendar. M/S/C (Arreguin/Harrison) to continue Item 23 and Item 32 to a special meeting at 4:00 p.m. on June 21, 2022.

Vote: All Ayes.

Consent Calendar
Tuesday, June 14, 2022 MINUTES Page 9

24. Commission Reorganization: Creating the Transportation and Infrastructure Commission
From: City Manager
Recommendation: Adopt a Resolution: rescinding Resolution No. 55,751-N.S. which created the Transportation Commission, rescinding Resolution No. 55,750- N.S. which created the Public Works Commission, and establishing the Transportation and Infrastructure Commission.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,410–N.S. as revised in Supplemental Communications Packet #2 from the Public Works Department to revise the formation date of the new Transportation and Infrastructure Commission.

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

25. Final Map of Tract 8621: 1169-1173 Hearst Avenue
From: City Manager
Recommendation: Adopt a Resolution approving the final map of Tract Map 8621, a five (5) unit residential condominium project consisting of a single-family dwelling unit and two duplexes at 1169-1173 Hearst Avenue.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,411–N.S.

26. Call for Immediate Ukraine Ceasefire
From: Peace and Justice Commission
Recommendation: Adopt a Resolution Urging a Ceasefire between Ukraine and Russia.

Financial Implications: Staff time
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100 Action: Adopted Resolution No. 70,412–N.S.

Consent Calendar
Tuesday, June 14, 2022 MINUTES Page 10

27. Recommendation that the City Council revise Resolution No. 69,917 regarding procurement, sales and service of sugar-sweetened beverages.

From: Sugar Sweetened Beverage Product Panel of Experts Recommendation: Adopt a Resolution to amend Resolution No. 69,917 in response to the request of the City Council on June 1st, 2021, in Action Item #18A, the Sugar Sweetened Beverage Product Panel of Experts (SSBPPE) has considered “how to regulate sugar sweetened beverages at events held on City of Berkeley Property hosted by non-City entities who receive City of Berkeley funds.” The Commission recommends that the Berkeley City Council revise the requirement for events that receive City of Berkeley funding to mandate that these events also comply with the intent of Resolution No. 69,917.

The City Council has the opportunity to make the Resolution more impactful by banning the sale and service of sugary drinks at City sponsored events. This will be a powerful message to community residents and visitors who attend events such as the Book Festival, Kite Festival, Juneteenth festival and Chocolate and Chalk Art Festival to name a few.

Financial Implications: See report
Contact: Roberto Terrones, Commission Secretary, (510) 981-5400 Action: Adopted Resolution No. 70,413–N.S. revised to include language that City staff will prepare and provide language for posting at the events educating the public about why sugar-sweetened beverages are not being served or sold.

Council Consent Items
Tuesday, June 14, 2022 MINUTES Page 11

28. Restoring and Improving Access to City of Berkeley Website and Archival Materials
From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Harrison (Co-Sponsor) Recommendation:

Direct the City Manager to:

1. Restore at previous URLs all PDF documents previously hosted on the City of Berkeley website.

2. Create a publicly accessible archival copy of the City’s previous website, CityofBerkeley.info, that can be accessed without logins and via internet search engines. Include a prominent disclaimer noting the date the website, page, or document was archived, with links redirecting to the active website or other responsive resource.

3. On the new website, update Commission pages to include a minimum of 2 years of historic agendas and other materials and update City Council and Council Committee pages to include at least 3 years of complete materials.

4. By July 15, 2022 develop and make available to all City staff and to the public training at beginner to expert levels on use of the City’s Records Online search function and create more extensive and less technical self-help resources covering basic and expert use.

5. In recognition of increased public traffic, update the Records Online homepage to explain how the portal works and link to more robust self-help resources and alternative search functions.

6. Coordinate with agency staff to include all relevant records (agendas, minutes, etc.) from Rent Board and Housing Authority in Records Online Portal.

7. Update any remaining 404 pages to explain that the City’s website has been moved/updated, and provide links to helpful pages, search functions and/or pathways to access responsive materials. As quickly as possible, consider implementing redirects with wildcards to direct as many old links to relevant new website pages in lieu of the standard 404 page. E.g. cityofberkeley.info/planning* to the Planning Department site map/homepage, or Department Specific 404 page explaining new navigation.

Refer to the City Manager the following additional improvements to Records Online:

1. Within Records Online, provide unique archival/search categories for each City Commission, Board, Committee and Rent Board, and consider other useful categories, to assist users in narrowing results and identifying responsive materials.

2. Allow Records Online search results to be sorted by date and by other searchable factors. Consider means to integrate records online into default site search bar.

3. Explore and report back to Council options for improving the scope of Records Online, improving search options and sorting, and making all materials – or materials from January 1, 2000 (or an earlier recommended date) forward, searchable using internet search engines.

Financial Implications: Staff time
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Item 28 continued to July 12, 2022.

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

29. Support for SB 1389: Low-Level Vehicle Infractions
From: Councilmember Robinson (Author), Mayor Arreguin (Co-Sponsor) Recommendation: Send a letter to Senator Steven Bradford, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of Senate Bill 1389, which would prohibit peace officers from initiating traffic stops for certain low-level infractions unless there is a separate, independent basis to initiate the stop.

Financial Implications: Staff time
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Councilmembers Bartlett and Hahn added as co-sponsors. Approved recommendation.

Action Calendar – Public Hearings

30. FY 2023 and FY 2024 Proposed Budget Public Hearing #2 From: City Manager
Recommendation: Conduct Public Hearing #2 on the FY 2023 and FY 2024 Proposed Budget.

Financial Implications: See FY 2023 and FY 2024 Proposed Biennial Budget Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Public Testimony: The Mayor opened the public hearing. 21 speakers.

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

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

Councilmember Kesarwani absent 8:30 p.m. – 8:42 p.m.

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

Recess 8:32 p.m. – 8:42 p.m.

Action Calendar – Old Business

31. City Council Comments on the FY 2023 and FY 2024 Proposed Biennial Budget and Capital Improvement Program (Continued from May 31, 2022.) (Item contains supplemental material.)
From: City Manager
Recommendation: Provide comments on the FY 2023 and FY 2024 Proposed Biennial Budget and Capital Improvement Program.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Item 30 and Item 31 taken up together. Received supplemental material in Supplemental Communications Packet #1 from the City Manager. See action for Item 30.

Action Calendar – Old Business
Tuesday, June 14, 2022 MINUTES Page 13

32. Police Equipment & Community Safety Ordinance Impact Statements, Associated Equipment Policies and Annual Equipment Use Report (Continued from May 10, 2022)
From: City Manager
Recommendation: Adopt a Resolution approving the Controlled Equipment Impact Statements, Associated Equipment Use Policies and Equipment.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: M/S/C (Arreguin/Harrison) to continue Item 23 and Item 32 (including the supplemental material in Supplemental Communications Packet #2 from the Police Accountability Board and the supplemental material in Supplemental Communications Packet #1 from the Police Department) to a special meeting at 4:00 p.m. on June 21, 2022.

Vote: All Ayes.

Action Calendar – New Business

33. Parking Enforcement of Existing Parking Code in Fire Zones 2 & 3 (Reviewed by the Public Safety Policy Committee)
From: Disaster and Fire Safety Commission
Recommendation: The Disaster and Fire Safety Commission (DFSC) recommends that Council direct the Berkeley Police Department to enforce existing Berkeley Municipal Code in all Fire Zones.

Policy Committee Recommendation: Forward the item to the City Council with a qualified positive recommendation amending the item to a budget referral for the FY 23 & FY 24 budget process to hire an additional dedicated parking officer for fire zones 2 & 3.

Financial Implications: See report
Contact: Keith May, Commission Secretary, (510) 981-3473 Action: Moved to Consent Calendar. Approved the recommendation of the Public Safety Committee.

Council Action Items
Tuesday, June 14, 2022 MINUTES Page 14

34. Refer to the City Attorney and City Manager an Empty Homes Tax Ordinance for the November 8, 2022 Ballot
From: Councilmember Harrison (Author)
Recommendation: Refer to the City Attorney and City Manager to prepare and submit a resolution submitting an Ordinance adding Chapter 7.54 to the Berkeley Municipal Code taxing housing units that 1) have remained vacant for more than six months, 2) are not under permitted renovation and 3) are in multi-unit buildings or are single family homes or condominiums whose owners are not natural persons or family trusts to a vote of the electors at the November 8, 2022 General Municipal Election.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: 18 speakers. Councilmember Robinson added as a co-sponsor.

M/S/Failed (Wengraf/Kesarwani) to refer Item 34 including the revised material in Supplemental Communications Packet #2 and Supplemental Communications Packet #1 to the Land Use, Housing, & Economic Development Committee.

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

M/S/Carried (Hahn/Harrison) to refer the item (including the revised material in Supplemental Communications Packet #2 and Supplemental Communications Packet #1) to the City Attorney and City Manager to prepare and submit a resolution submitting an Ordinance adding Chapter 7.54 to the Berkeley Municipal Code taxing housing units that 1) have remained vacant for more than six months, 2) are not under permitted renovation and 3) are in multi-unit buildings or are single family homes or condominiums whose owners are not natural persons or family trusts to a vote of the electors at the November 8, 2022 General Municipal Election. Factors to be considered during review include exemptions, the size trigger, and how the ordinance would be administered.

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

Council Action Items
Tuesday, June 14, 2022 MINUTES Page 15

35. Budget Referral and Resolution Establishing a Pilot Existing Building Electrification Installation Incentives and Just Transition Program with Pre- Qualified Contractors Meeting Minimum Labor Standards to Assist New Property Owners, Renters and Existing Property Owners with Transition to Zero-Carbon Buildings (Reviewed by the Budget & Finance Committee) From: Councilmember Harrison (Author), Councilmember Bartlett (Co- Sponsor)
Recommendation:

1. Adopt a Resolution establishing: a. a referral to Office of Energy and Sustainable Development (OESD) staff to design and launch a two-year Pilot Existing Building Electrification Installation Incentives and “Just Transition” Program, using pre- qualified contractors meeting minimum labor standards to assist new property owners, renters and existing property owners with transition to zero-carbon plumbing, HVAC, cooking, and related electrical systems, with a preference first for assisting existing affordable housing buildings and assisting households at or below 120% of the Area Median Income; and b. an annual process for the Energy (or successor) Commission and the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee (FITES), in consultation with community and labor groups, to provide input to staff and Council about eligible categories of fund expenditures to maximize equitable emissions reductions and impacts for eligible households while leaving the mechanisms for doing so to staff discretion.

2. Send copies of the Resolution and letters to members of the California Public Utilities and Energy Commissions, Governor Newsom, State Senator Skinner, and Assemblymember Wicks conveying urgent support for a statewide approach to rapidly contract the natural gas distribution system in a way that is safe, economical for remaining customers, and that provides a just transition for affected workers, including gas utility and extraction workers.

Policy Committee Recommendation: to send the item to Council with a qualified positive recommendation including the following amendments: Recommendation 2.

That part of the recommended funding source is American Rescue Plan dollars and; Recommendation 1a. Modifying the end of the last sentence to “with a preference first for affordable housing projects and assisting households at or below 120% the area median income.”
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Moved to the Consent Calendar. Adopted Resolution No. 70,414–N.S. as recommended by the Budget & Finance Committee.

Information Reports

36. City Council Short Term Referral Process – Quarterly Update From: City Manager
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Received and filed.

Information Reports
Tuesday, June 14, 2022 MINUTES Page 16

37. Results of General Obligation Bonds: $40,000,000 City of Berkeley 2022 General Obligations Bonds, Series B (2018 Election Measure O: Affordable Housing) (Federally Taxable)
From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Received and filed.

38. Update on the Implementation of Fair and Impartial Policing Task Force Recommendations
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Received and filed.

39. City Auditor’s Office 2021 Peer Review Results
From: Auditor
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 6 speakers.

Adjournment
Adjourned at 11:00 p.m.

I hereby certify that the foregoing is a true and correct record of the regular session meeting held on June 14, 2022.
________________________
Rose Thomsen, Deputy City Clerk
Communications
Item 17: FY 2023 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)

1. Jose Luis Bedolla, Chair, Disaster and Fire Safety Commission Berkeley Marina Area Specific Plan (BMASP)/Chavez Park

2. Deborah Scott

3. phcanin@

4. Mike Vanderman

5. Steve Masover

6. Pat Phillips

7. Alexis Milea

8. Sierra Club East Bay Public Lands Committee

9. Beverley Spencer

Tuesday, June 14, 2022 MINUTES Page 17

10.Katherine Ogburn

11.Sasha Futran

12.Margo Lesl

13.Carlos Hill

14.Nancy Hormachea

15.Irene Jung-Huang
Public Safety

16.Ann Einstein

17.Lorraine Mahley

18.Margo Smtih

19.Barbara Atwell

20.Pamela Drake

21.Councilmember Bartlett

22.Andrea Prichett

23.Robin Kibby
Hopkins Corridor Plan

24.Robion Kirby

25.Sondra Jensen

26.Margot Smith

27.Jeanne Schuman

28.Zelda

29.Marilyn Margulius

30.Zelda Bronstein

31.Sheridan Pauker

32.Dahlia Armon
Vaccination for Pool Use

33.Donna Mickleson (4)

34.Chuck Herndon (2)

35.Paul Preston

36.Lynn Jones Finn
SB 1338 – CARE Court Program

37.John Caner, on behalf of the Downtown Berkeley Association Homelessness Reporting

38.Natalie Hanson (4)

39.Councilmember Harrison
Affordable Housing

40.Gramma Grass

41.Barry Fike

Tuesday, June 14, 2022 MINUTES Page 18
1201-1205 San Pablo

42.Margaret
COVID + Masks

43.George Torgun
Landlord Issues

44.Nancy Joachim

45.Karen Oberdorfer
Fire Safety in the Berkeley Hills

46.Marissa Moss
Berkeley Unified School District

47.Cielo Rios

48.Mara Kolesas
Train Horns

49.Lauren Parson
City of Berkeley Website

50.Thomas Lord
Environment and Climate Commission

51.Sam Kaplan-Pettus
Sanctuary Contracting Ordinance

52.Elana Auerbach
35th Annual Juneteenth Festival

53.Delores Nochi Cooper
Israel Visit

54.Henry Norr

55.Glen Hauer

56.Max Ventura

57.Jeff Pekrul

58.Melanie Lawrence and John Smail

59.Rafael Gonzalez

60.Martha Larsen

61.Bonnie Weiss

62.Mary Prophet

63.Jay Rosenthal

64.Judy Grether

65.Anna T.

66.Izumi Van Cleave

Tuesday, June 14, 2022 MINUTES Page 19

67.Patricia Hartnett

68.Tori Porell

69.Charles Wollenberg

70.Carol Sanders

71.Hani Kaileh

72.Esther Lerman

73.Is Sullivan

74.Dorothea Dorenz

75.Karen Carroll

76.Andrew Paul Gutierrez

77.Dave Joki

78.Nora Roman

79.Daniel Zwickel ben Avram

80.Sara Sunstein

81.Eleanor Levine

82.Bobbi Sloan

83.Vivian Zelaya

84.P.Rainey
People’s Park

85.Joe Liesner

86.Max Ventura
Police Accountability Board

87.James McFadden

88.Diana Bohn

89.Andrea Prtichett
7-11 Alcohol License for 7-11 at University and San Pablo

90.Chris Horgan and Elena Prakoura
Cosco Busan Oil Spill of 2017

91.California State Department of Fish and Wildlife
Mayors for Peace

92.Jackie Cabasso
Mental Health for Berkeley Students

93.Hector Malvido
Bicycle and Rolling Tour

94.Aimee Baldwin
No Final Comments at May 24 Council Meeting

95.Blair Beekman

Tuesday, June 14, 2022 MINUTES Page 20
Increasing Property Taxes

96.Paul Mathew
Supplemental Communications and Reports 1
Item #23: Contract: Axon Enterprise, Incorporated for Body Worn Cameras, Storage and Software

97.Elana Auerbach
Item #30: FY 2023 and FY 2024 Proposed Budget Public Hearing #2

98.18 similarly-worded form letters

99.Maulin Chokshi
100. Kate Greswold
101. Eric Friedman
Item #31: City Council Comments on the FY 2023 and FY 2024 Proposed Biennial Budget and Capital Improvement Program
102. Supplemental material, submitted by the City Manager Item #32: Police Equipment and Community Safety Ordinance Impact Statements, Associated Equipment Policies and Annual Equipment Use Report 103. Supplemental material, submitted by the Police Department Item #34: Refer to the City Attorney and City Manager an Empty Homes Tax Ordinance for the November 8, 2022 Ballot
104. Revised material, submitted by Councilmember Harrison Supplemental Communications and Reports 2
Item #23: Contract: Axon Enterprise, Incorporated for Body Worn Cameras, Storage and Software
105. Phoebe Thomas Sorgen
106. Elana Auerbach
107. Lisa Ferguson
108. Laura X
109. Summer Brenner
110. Mary Prophet
Item #24: Commission Reorganization: Creating the Transportation and Infrastructure Commission
111. Revised material, submitted by Public Works
Item #27: Recommendation that the City Council revise Resolution No. 69,917 regarding procurement, sales and service of sugar-sweetened beverages 112. Holly Scheider
Item #30: FY 2023 and FY 2024 Proposed Budget Public Hearing #2 113. Susan Springborg
114. Greg Martin
115. Denah Bookstein

Tuesday, June 14, 2022 MINUTES Page 21
116. George Lippman
117. John Rice
118. Diana Bohn
Item #32: Police Equipment and Community Safety Ordinance Impact Statements, Associated Equipment Policies and Annual Equipment Use Report 119. Supplemental material, submitted by the Police Accountability Board Item #34: Refer to the City Attorney and City Manager an Empty Homes Tax Ordinance for the November 8, 2022 Ballot
120. Revised material, submitted by Councilmember Harrison 121. Max Ventura
122. Moni Law
123. Sylvia
Supplemental Communications and Reports 3
Ceremonial Matter: Presentation: Alameda County Affordable Housing Portal 124. Presentation, submitted by the County of Alameda
Item #23: Contract: Axon Enterprise, Incorporated for Body Worn Cameras, Storage and Software
125. Diana Bohn
Item #30: FY 2023 and FY 2024 Proposed Budget Public Hearing #2 126. Presentation, submitted by the City Manager’s Office 127. Zoe Lake
128. Timothy Carter
129. Berkeley Progressive Alliance
130. Diana Bohn
Item #34: Refer to the City Attorney and City Manager an Empty Homes Tax Ordinance for the November 8, 2022 Ballot
131. Berkeley Progressive Alliance
132. Max Ventura
133. Michael Brodheim
134. Lisa Camasi
135. Leslie Firestone
136. Alan Kiviat
137. Marcia Poole
138. Igor Tregub
139. Nicky Gonzalez Yuen
140. Mary Oram
141. Julia Cato
142. Theo Posselt
143. Councilmember Harrison
144. Moni Law

Tuesday, June 14, 2022 MINUTES Page 22
Item #35: Budget Referral and Resolution Establishing a Pilot Existing Building Electrification Installation Incentives and Just Transition Program with Pre- Qualified Contractors Meeting Minimum Labor Standards to Assist New Property Owners, Renters and Existing Property Owners with Transition to Zero-Carbon Buildings
145. Igor Tregub, on behalf of the Sierra Club
146. Marjorie Alvord

Tuesday, June 21, 2022 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, June 21, 2022
4:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH

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

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

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/81179114559. 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: 811 7911 4559 . If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

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

Attachment 4

Tuesday, June 21, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 4:01 p.m.

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

Absent: Bartlett, Harrison
Councilmember Bartlett present at 4:12 p.m.

Councilmember Harrison present at 4:17 p.m.

Action Calendar – Old Business

1. Contract: Axon Enterprise, Incorporated for Body Worn Cameras, Storage and Software (Continued from June 14, 2022)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a Contract with Axon Enterprise, Incorporated to provide body worn cameras, equipment, software, and services for an amount not to exceed $1,115,000 over the next five years through Fiscal Year 2027.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: 6 speakers. M/S/C (Arreguin/Wengraf) to adopt Resolution No. 70,415–N.S.

Vote: All Ayes.

2. Police Equipment & Community Safety Ordinance Impact Statements, Associated Equipment Policies and Annual Equipment Use Report (Continued from June 14, 2022) (Item contains supplemental material) 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: 8 speakers. M/S/C (Arreguin/Hahn) to adopt the recommendation in the revised material from Councilmember Harrison in Supplemental Communications Packet #2 and further revised as follows:

1. Adopt Resolution No. 70,416–N.S. approving the revised Controlled Equipment Impact Statements and Policy 303 (Control Devices and Techniques) from Supplemental Communications Packet #2, conforming to local and state law.

2. Refer the Annual Equipment Use Report to the Police Accountability Board for review and recommendation within 60 days following City Council approval of the remaining use policies.

3. Refer all other internal policies relevant to controlled equipment to the Police Accountability Board and Berkeley Police Department to review and conform to the approved Controlled Equipment Impact Statements, and local/state laws for City Council consideration by July 26, 2022.

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

Tuesday, June 21, 2022 MINUTES Page 3
Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.

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

Councilmember Harrison absent at 6:01 p.m.

Adjourned at 6:02 p.m.

I hereby certify that the foregoing is a true and correct record of the special session meeting held on June 21, 2022.
________________________
Rose Thomsen, Deputy City Clerk
Communications
Item #2: Police Equipment & Community Safety Ordinance Impact Statements, Associated Equipment Policies and Annual Equipment Use Report

1. Berkeley Friends Meeting

2. Police Accountability Board
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #2: Police Equipment & Community Safety Ordinance Impact Statements, Associated Equipment Policies and Annual Equipment Use Report

3. Revised material, submitted by Councilmember Harrison

4. Kitt Saginor
Supplemental Communications and Reports 3
Item #1: Contract: Axon Enterprise, Incorporated for Body Worn Cameras, Storage and Software

5. Diana Bohn

6. Elana Auerbach

7. Cheryl Davila
Item #2: Police Equipment & Community Safety Ordinance Impact Statements, Associated Equipment Policies and Annual Equipment Use Report

8. Phoebe Anne Sorgen

Tuesday, June 21, 2022 MINUTES Page 1

M I N U T E S

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

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

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH

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

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

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/81179114559. 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: 811 7911 4559 . If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

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

Attachment 5

Tuesday, June 21, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:15 p.m.

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

Absent: Harrison, Droste
Councilmember Droste present at 6:16 p.m.

Councilmember Harrison present at 6:17 p.m.

Action Calendar – New Business

1. 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 and provide input and direction to the City Manager and City Attorney on measure(s) to place on the November 8, 2022 ballot, and the Vision 2050 Program Plan.

Financial Implications: See report
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000 Action: 12 speakers. Presentation made and discussion held. The City Council provided input on measure(s) to place on the November 8, 2022 ballot, and the Vision 2050 Program Plan, including the following points for consideration by the City Manager and City Attorney:
 Desire to further consider a general obligation bond measure and a parcel tax measure for placement on the November 8, 2022 ballot.
 Apply the parcel tax to commercial parking structures.  Provide options to potentially include a split roll tax.  Provide additional detail for how funding for how
street/bicycle/pedestrian/paving improvements will be spent.  Consider a policy to set aside a minimum funding allocation to maintain street paving.
 Provide additional detail regarding public infrastructure improvements.  Provide additional metrics for potential uses of funding, such as miles of streets paved, PCI rating achieved, and number of affordable housing units possible.
 Provide options for the amount per square foot for the parcel tax.

No action taken.

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

Vote: All Ayes.

Tuesday, June 21, 2022 MINUTES Page 3
Adjourned at 8:59 p.m.

I hereby certify that the foregoing is a true and correct record of the special session meeting held on June 21, 2022.
________________________
Rose Thomsen, Deputy City Clerk
Communications
Item #1: Discussion and Direction Regarding Vision 2050 Program Plan and Potential Ballot Measures for the November 8, 2022 General Municipal Election

1. Parks, Recreation and Waterfront Commission
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1: Discussion and Direction Regarding Vision 2050 Program Plan and Potential Ballot Measures for the November 8, 2022 General Municipal Election

2. Gordon Wozniak
Supplemental Communications and Reports 3
Item #1: Discussion and Direction Regarding Vision 2050 Program Plan and Potential Ballot Measures for the November 8, 2022 General Municipal Election

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

Monday, June 27, 2022 MINUTES Page 1

M I N U T E S

BERKELEY CITY COUNCIL SPECIAL MEETING
MONDAY, JUNE 27, 2022
4:30 P.M.

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH

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

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/83638169990. 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: 836 3816 9990.

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

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

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

Attachment 6

Monday, June 27, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 4:30 p.m.

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

Absent: Droste, Kesarwani
Councilmember Kesarwani present at 4:34 p.m.

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

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

CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
a. Franklin v. City of Berkeley, United States District Court – Northern District of California, Case No. 3:20-cv-04090-LB
Action: M/S/C (Wengraf/Taplin) to approve the settlement of the lawsuit of Franklin v. City of Berkeley, et al., USDC No. 3:20-cv-0904, for $65,000.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Droste. b. Deal v. City of Berkeley, Alameda County Superior Court Case No. RG21110607 Action: No reportable action taken.
c. Emery v. City of Berkeley, Alameda County Superior Court Case No. RG19047377 Action: M/S/C (Arreguin/Harrison) to approve the settlement of the lawsuit of Emery v. City of Berkeley, Alameda County Superior Court Case No. RG19047377 for $50,000.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Droste. d. Druschel et al. v. City of Berkeley, Graham Chrisholm, Alameda County Superior Court Case No. Case No. RG20073792
Action: M/S/C (Hahn/Wengraf) to approve the settlement of the lawsuit of Druschel et al. v. City of Berkeley, Graham Chrisholm, Alameda County Superior Court Case No. Case No. RG20073792 for $30,000.

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

Monday, June 27, 2022 MINUTES Page 3
e. Dominguez, et al. v. City of Berkeley, et al., United States District Court – Northern District of California Case No. 3:21-cv-08599-SI
Action: M/S/C (Arreguin/Robinson) to approve the settlement of the lawsuit of Dominguez, et al. v. City of Berkeley, et al., United States District Court – Northern District of California Case No. 3:21-cv-08599.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Wengraf, Droste.
f. Secure Justice v. City of Berkeley, Alameda County Superior Court Case No. 21CV003630
Action: No reportable action taken.

Councilmember Wengraf absent 7:15 p.m. – 7:31 p.m.

OPEN SESSION:

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

The City Council met in closed session and authorized the City Attorney to settle the following lawsuits:
 Franklin v. City of Berkeley, et al., USDC No. 3:20-cv-04090, for $65,000.  Emery v. City of Berkeley, Alameda County Superior Court Case No. RG19047377 for $50,000.
 Druschel et al. v. City of Berkeley, Graham Chrisholm, Alameda County Superior Court Case No. Case No. RG20073792 for $30,000.
 Dominguez, et al. v. City of Berkeley, et al., United States District Court – Northern District of California Case No. 3:21-cv-08599.

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

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

Adjourned at 7:31 p.m.

I hereby certify that the forgoing is a true and correct record of the special closed meeting of June 27, 2022 as approved by the Berkeley City Council. __________________________________
Rose Thomsen, Deputy City Clerk

Tuesday, June 28, 2022 MINUTES Page 1

M I N U T E S

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 imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

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

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL 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 join 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.

Attachment 7

Tuesday, June 28, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:01 p.m.

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

Absent: Harrison
Councilmember Harrison present at 6:06 p.m.

Report from Closed Session
The City Council met in closed session on June 27, 2022 and authorized the City Attorney to settle the following lawsuits.
 Franklin v. City of Berkeley, et al., USDC No. 3:20-cv-04090, for $65,000.  Emery v. City of Berkeley, Alameda County Superior Court Case No. RG19047377 for $50,000.
 Druschel et al. v. City of Berkeley, Graham Chrisholm, Alameda County Superior Court Case No. Case No. RG20073792 for $30,000.
 Dominguez, et al. v. City of Berkeley, et al., United States District Court – Northern District of California Case No. 3:21-cv-08599.

The Council met in closed session on April 19, 2022 and authorized negotiating a settlement for up to $60,000 in the case of Worthy v. City of Berkeley, United States District Court No. 3:20- cv-05558-EMC; the case is now settled for $60,000.

Ceremonial Matters:

1. Adjourned in memory of Elijah Wallace, son of Kelly Wallace, former Deputy Director of the Department of Health, Housing, and Community Services for the City of Berkeley City Manager Comments: None
Public Comment on Non-Agenda Matters: 3 speakers.

Action: M/S/C (Arreguin/Robinson) to accept an urgency item from Councilmember Taplin pursuant to Government Code Section 54954.2(b)(2) entitled Resolution Supporting Unionization Efforts by REI Workers.

Vote: All Ayes.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 14 speakers.

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

Vote: All Ayes.

Consent Calendar
Tuesday, June 28, 2022 MINUTES Page 3
Urgent Item: Resolution Supporting Unionization Efforts by REI Workers From: Councilmember Taplin (Author), Councilmember Kesarwani (Co-Sponsor), Mayor Arreguin (Co-Sponsor)
Recommendation: Adopt a Resolution in support of workers at REI unionizing under representation by United Food and Commercial Workers (UFCW) Local 5.

Financial Implications: None
Contact: Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmember Bartlett added as a co-sponsor. Adopted Resolution No. 70,417–N.S.

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 Action: Adopted second reading of Ordinance No. 7,815-N.S.

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
Action: Adopted second reading of Ordinance No. 7,816-N.S.

Consent Calendar
Tuesday, June 28, 2022 MINUTES Page 4

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
Action: Adopted second reading of Ordinance No. 7,817-N.S.

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
Action: Adopted second reading of Ordinance No. 7,818-N.S.

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
Action: Adopted second reading of Ordinance No. 7,819-N.S.

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
Action: Adopted second reading of Ordinance No. 7,820-N.S.

Consent Calendar
Tuesday, June 28, 2022 MINUTES Page 5

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
Action: Adopted second reading of Ordinance No. 7,821-N.S.

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
Action: Adopted second reading of Ordinance No. 7,822-N.S.

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
Action: Adopted second reading of Ordinance No. 7,823-N.S.

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
Action: Adopted second reading of Ordinance No. 7,824-N.S.

Consent Calendar
Tuesday, June 28, 2022 MINUTES Page 6

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
Action: Adopted second reading of Ordinance No. 7,825-N.S.

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
Action: Adopted second reading of Ordinance No. 7,826-N.S.

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
Action: Adopted second reading of Ordinance No. 7,827-N.S.

Consent Calendar
Tuesday, June 28, 2022 MINUTES Page 7

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
Action: Adopted Resolution No. 70,418–N.S.

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
Action: Adopted Resolution No. 70,419–N.S.

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 Action: Adopted Resolution No. 70,420–N.S.

Consent Calendar
Tuesday, June 28, 2022 MINUTES Page 8

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
Action: Approved the minutes as submitted.

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
Action: Approved recommendation.

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
Action: Adopted Resolution No. 70,421–N.S.

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
Action: Adopted Resolution No. 70,422–N.S.

Consent Calendar
Tuesday, June 28, 2022 MINUTES Page 9

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 Action: Adopted Resolution No. 70,423–N.S.

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 Action: Adopted Resolution No. 70,424–N.S.

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
Action: Adopted Resolution No. 70,425–N.S.

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
Action: Adopted Resolution No. 70,426–N.S.

Consent Calendar
Tuesday, June 28, 2022 MINUTES Page 10

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
Action: Adopted Resolution No. 70,427–N.S.

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
Action: Adopted Resolution No. 70,428–N.S.

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
Action: Adopted Resolution No. 70,429–N.S.

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
Action: Adopted Resolution No. 70,430–N.S.

Consent Calendar
Tuesday, June 28, 2022 MINUTES Page 11

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
Action: Adopted Resolution No. 70,431–N.S.

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
Action: Adopted Resolution No. 70,432–N.S.

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
Action: Adopted Resolution No. 70,433–N.S.

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
Action: Adopted Resolution No. 70,434–N.S.

Consent Calendar
Tuesday, June 28, 2022 MINUTES Page 12

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
Action: Adopted Resolution No. 70,435–N.S.

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 Action: Approved recommendation.

Consent Calendar
Tuesday, June 28, 2022 MINUTES Page 13

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 Action: Adopted Resolution No. 70,436–N.S.

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
Action: Adopted Resolution No. 70,437–N.S.

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 Action: Approved recommendation.

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 Action: Approved recommendation.

Council Consent Items
Tuesday, June 28, 2022 MINUTES Page 14

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 Action: Approved recommendation.

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: Approved recommendation.

Action Calendar – Public Hearings

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

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

Vote: All Ayes.

Action: M/S/C (Wengraf/Harrison) to adopt Resolution No. 70,438–N.S.

Vote: All Ayes.

Action Calendar – Public Hearings
Tuesday, June 28, 2022 MINUTES Page 15

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

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Wengraf) to adopt Resolution No. 70,439–N.S. (District No. 1982-1) and Resolution No. 70,440–N.S. (District 2018).

Vote: All Ayes.

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

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to adopt Resolution No. 70,441–N.S. It was noted for the record that the following sentence on page 4 of the staff report is revised to read as follows:

In 20092014, the Transfer Station rates were revised and approved without allowance for annual adjustments to these rates to account for any inflation impacts on operational expenses.

Vote: All Ayes.

Action Calendar – New Business
Tuesday, June 28, 2022 MINUTES Page 16

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 Action: 31 speakers. Supplemental material received from Mayor Arreguin in Supplemental Packet #2 deemed received.

Action: M/S/C (Arreguin/Wengraf) to accept supplemental material from the City Manager and revised material from Mayor Arreguin on Item 44.

Vote: All Ayes.

Action: M/S/C (Arreguin/Harrison) to include for consideration in the adoption of the FY 2023 and FY 2024 Biennial Budget, the line item to add an additional .5 FTE in the legislative assistant classification in each of the eight Council districts.

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

Action: M/S/C (Arreguin/Harrison) to adopt Resolution No. 70,442–N.S. as revised in the supplemental materials received from the City Manager at the meeting, and reflecting the additional appropriations in the revised materials received from Mayor Arreguin at the meeting (including adjustments to the Measure P and Measure U-1 budgets), and further revised as follows:
 Modify the proposed expenditure for the line item entitled “Increase City Council Office Expenditure Accounts” to increase each City Council office expenditure account by $54,769.50 for FY 2023 and FY 2024, and that the amount is based on .5 FTE in the legislative assistant classification.  Modify the line item entitled “Dedicated Parking Enforcement in Fire Zones 2 & 3” to reflect that funding will come from the General Fund, and that an adjustment may be made in the future to cover the costs with Measure FF funds.
 Appropriate any remaining positive fund balance to the Section 115 Trust, and include the proposed balancing measures as submitted in the supplemental material received from the City Manager at the meeting.

Vote: All Ayes.

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

Action Calendar – New Business
Tuesday, June 28, 2022 MINUTES Page 17
Vote: All Ayes.

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

Vote: All Ayes.

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

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

Action: 0 speakers. M/S/C (Arreguin/Wengraf) to adopt first reading of Ordinance No. 7,828-N.S. as revised in the material received at the meeting from the City Manager to adopt the FY 2023 Annual Appropriations Ordinance (AAO) in the amount of $754,176,624 (gross appropriations) and $625,939,999 (net appropriations). Second reading scheduled for July 12, 2022.

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

Councilmember Harrison absent 11:32 p.m. – 11:37 p.m.

Councilmember Droste absent 11:32 p.m. – 11:37 p.m.

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: 0 speakers. M/S/C (Arreguin/Robinson) to adopt Resolution No. 70,443– N.S.

Vote: All Ayes.

Action Calendar – Public Hearings
Tuesday, June 28, 2022 MINUTES Page 18

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

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Droste) to:

1. Adopt first reading of Ordinance No. 7,829-N.S. Second reading scheduled for July 12, 2022.

2. Adopt Resolution No. 70,444–N.S.

Vote: All Ayes.

Recess 7:42 p.m. – 7:58 p.m.

Action Calendar – New Business
Tuesday, June 28, 2022 MINUTES Page 19
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
Action: Item 48a and Item 48b moved to the Consent Calendar. Approved recommendation for Item 48a and approved recommendation for Item 48b.

Information Reports

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

Information Reports
Tuesday, June 28, 2022 MINUTES Page 20

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
Action: Received and filed.

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

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

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

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

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

Public Comment – Items Not Listed on the Agenda - 1 speakers.

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

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

Adjourned at 11:37 p.m.

Tuesday, June 28, 2022 MINUTES Page 21
I hereby certify that the foregoing is a true and correct record of the regular session meeting held on June 28, 2022.
________________________
Rose Thomsen, Deputy City Clerk
Communications
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
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

Tuesday, June 28, 2022 MINUTES Page 22

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
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

Tuesday, June 28, 2022 MINUTES Page 23

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
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 1
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

51.Michael Brodheim

52.Susan Kuchinskas
Item #44: FY 2023 & FY 2024 Biennial Budget Adoption

53.Ben Paulous
Supplemental Communications and Reports 2
Urgent Item: Resolution Supporting Unionization Efforts by REI Workers

54.Urgent item, submitted by Councilmember Taplin
Item #44: FY 2023 & FY 2024 Biennial Budget Adoption

55.Supplemental material, submitted by Mayor Arreguin

56.Justin Lee

57.Nicole Chabot

Tuesday, June 28, 2022 MINUTES Page 24

58.Vernon Theiss

59.Joshua Jacobs, on behalf of Homeless Services Panel of Experts

60.Carole Marasovic, Chair of the Homeless Services Panel of Experts Chair

61.Diana Bohn

62.Geoff Lomax

63.Kelly Hammargren

64.Bob Fabry and Susan Taylor

65.Nancy Rader

66.Julie Lebel

67.Hannah Meleokaiao Ayasse

68.Elissa Lee

69.16 similarly-worded form letters
Supplemental Communications and Reports 3
Item #36: Suspension of Sister City Relations with Dmitrov, Russia and Ulan-Ude, Russia

70.Igor Tregub
Item #44: FY 2023 & FY 2024 Biennial Budget Adoption

71.Supplemental material, submitted by the City Manager’s Office

72.Supplemental material, submitted by Mayor Arreguin

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

74.Jim McGrath

75.John-Mario Arcilla Sevilla

76.Liz Ozol

77.Avilee Goodwin

78.Jochelle Perena

79.Cindy Chan

80.Nancy Ng

81.Phoenicia Pettyjohn

82.Andrea Mullarkey, on behalf of SEIU 1021

83.Angela Jernigan
Item #45: FY 2023 Annual Appropriations Ordinance

84.Revised material, submitted by the City Manager’s Office Action Calendar – Public Hearings
Item #47: goBerkeley SmartSpace Pilot Program Implementation Recommendations

85.Presentation, submitted by the Planning Department

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
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Sharon Friedrichsen, Budget Manager
Subject: Contract: Downtown Berkeley YMCA for Fitness Center Memberships for City Employees

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $109,440 for fitness center memberships for City employees for the period July 1, 2022 through June 30, 2023.

FISCAL IMPACTS OF RECOMMENDATION
FY 2023 Contract Cost: $109,440 (190 members @ $48 per month * 12 months) FY 2022 Contract Cost: $163,008 (283 members @ $48 per month * 12 months) The FY 2023 contract represents a decrease of $53,568 from the FY 2022 contract.

The decrease is due to the number of memberships decreasing from 283 members to 190 members. Although the contract cost of $109,440 for FY 2023 is based on 190 memberships, this amount is a flat fee for the duration of the fiscal year regardless of whether memberships increase or decrease during the fiscal year. The FY 2023 Budget includes funding for this contract in fringe benefit accounts in department budgets that is collected and paid out from the Payroll Deduction Trust Fund (Fund 013). The General Fund will cover approximately $50,463 of the contract cost and the remaining $58,977 will be covered by other funds.

CURRENT SITUATION AND ITS EFFECTS
The current agreement began on July 1, 2021 and ends on June 30, 2022. A new contract is needed for FY 2023, which will continue the memberships for City employees and Legislative Assistants at a low cost.

BACKGROUND
Since 1989, the City has had an agreement with the YMCA to provide low cost fitness memberships for City employees and officials.

Contract: Downtown Berkeley YMCA for Fitness Center Memberships CONSENT CALENDAR for City Employees July 26, 2022

The City’s labor contracts require the City to pay 75% of the total membership cost and employees pay the remaining 25%. Beginning on July 1, 2021, the full membership cost was $64 per month, which meant the City’s share was $48 per month and the employee’s share was $16 per month. For FY 2023, the membership cost will remain at $64 per month.

This benefit is included in all of the collective bargaining agreements and would terminate at the same time as the longest union contract containing the benefit. The City would need to hold meet and confer sessions with the unions if it wishes to eliminate this benefit.

The Downtown Berkeley YMCA contract is a Strategic Plan Priority, advancing our goal to attract and retain a talented and diverse City government workforce.

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

CLIMATE IMPACTS
There are no identifiable climate impacts or opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
City contracts for personal services over $50,000 require authorization from the City Council before the City Manager can execute the contract.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Sharon Friedrichsen, Budget Manager, 981-7000
Donald Ellison, Director of Human Resources, 981-6800
Attachments:
1: Resolution

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

CONTRACT: DOWNTOWN BERKELEY YMCA FOR LOW COST FITNESS CENTER

MEMBERSHIPS FOR CITY EMPLOYEES
WHEREAS, the City has had an agreement with the Downtown Berkeley YMCA to provide low cost fitness memberships for City employees and legislative assistants; and WHEREAS, the City’s labor contracts require the City to pay 75 percent of the total membership cost; and
WHEREAS, the current agreement began on July 1, 2021 and ends on June 30, 2022 and a new contract is proposed for FY 2023; and
WHEREAS, the FY 2023 Budget includes funding for this contract in fringe benefit accounts in department budgets that is collected and paid out from the Payroll Deduction Trust Fund (Fund 013).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that that the City Manager is authorized to execute a contract and any amendments with the Downtown Berkeley YMCA for low cost fitness center memberships for City of Berkeley employees and legislative assistants for the period July 1, 2022 to June 30, 2023 in the amount not to exceed $109,440. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Keith May, Acting Fire Chief, Fire Department Subject: Contract: Lehr for Emergency Response Vehicle Supplies/Equipment and Installation Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to enter into contract with Stommel Inc. dba Lehr, for emergency response vehicle supplies/equipment and installation services, with the term of the contract from August 1, 2022 to September 30, 2022 in an amount not to exceed $350,000. The contract may be extended for up to five additional years and shall not exceed $750,000 in total.

FISCAL IMPACTS OF RECOMMENDATION
The term of this contract is from August 1, 2022 to September 30, 2022 in an amount not to exceed $350,000. The contract may be extended for up to five additional years and shall not exceed $750,000 total. Funding is budgeted in FY 2023 in account codes 011-72-742-835-0000-000-422-664120/011-72-742-837-0000-000-423-664120 (General Fund), 164-72-745-000-0000-000-423-664120/164-72-742-837-0000-000-423- 664120 (Measure FF), and 778-72-742-835-0000-000-422-664120 (Measure Q).

CURRENT SITUATION AND ITS EFFECTS
The Fire Department (Department) replaces emergency vehicles on a routine basis and will be adding additional vehicles to the fleet over the next four fiscal years to support the new programs and services being put in place as the Department goes through its internal re-design. Having an identified vendor established through a competitive process will save considerable staff time that would otherwise be associated with each vehicle upfitting with emergency equipment. In addition to being the successful vendor in the Placer County contract, this vendor has consistently been able to provide the lowest of three quotes to City Staff for multiple projects over the past two years.

BACKGROUND
The County of Placer (County) conducted a competitive process that opened on July 30, 2019 and closed on August 13, 2019. The County was “…soliciting bids for the purchase and installation of emergency response vehicle equipment & related supplies for the Placer County sheriff’s Office and Placer County Fire Department. Placer County

Contract: Lehr for Emergency Response Vehicle Supplies/Equipment and Installation Services

CONSENT CALENDAR
July 22, 2022

intends to award a supplier contract for the purchase emergency response vehicle equipment and installation services on an as-needed basis.” Upon review Placer County selected Stommel Inc. dba Lehr as the best most responsive proposer to meet the specifications, thusly awarding the firm with Contract Number Agreement No.

SCN104242.

Section 4.3 of the County’s RFP provides “piggyback” authority. “Other public agencies may elect to “piggyback” on the County’s resulting agreement(s). It will be the responsibility of the other agencies to execute separate contracts with the successful bidder(s) at the same bid pricing (refer to this Bid’s General Terms and Conditions, Section 22) through the end of the initial contract period. Any subsequent renewal pricing and terms successfully negotiated between Placer County and the successful bidder(s) would be made available to those other agencies.” The piggyback process requires City to align with the terms of the County contract, including the contract sunset date, hence the short base period of two months. The Department expects that up to five vehicles may arrive before the end of September 2022, which is why it still needs the contract in place for that short window of time.

The Contract between Stommel Inc. dba Lehr ends on September 30, 2022, if the County extends the Contract, the City will also extend its contract with Lehr for up to five additional years.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This contract does not create environmental sustainability or climate change impacts.

RATIONALE FOR RECOMMENDATION
When vehicles are purchased for emergency services they are required to be upfitted with various equipment to make them functional for emergency responders. This includes communications equipment, visual and audible alerting devices, equipment storage, and various types of equipment that is used by personnel performing Incident Command roles on the emergency scene. The City has routinely and historically used contractors to provide this service, but this has generally been coordinated as vehicles arrive. This new contract will create efficiently and save valuable staff time that can be focused elsewhere.

ALTERNATIVE ACTIONS CONSIDERED
Continue with the current inefficient process that uses a large amount of staff time.

CONTACT PERSON
Keith May, Acting Chief, Fire Department, (510) 981-3473 Attachments:
1: Resolution

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

CONTRACT: STOMMEL INC. DBA LEHR FOR EMERGENCY RESPONSE VEHICLE

SUPPLIES/EQUIPMENT AND INSTALLATION SERVICES
WHEREAS, the Fire Department (Department) replaces emergency vehicles on a routine basis,
WHEREAS, the Department will be adding additional vehicles to the fleet over the next four fiscal years to support the new programs and services being put in place as the Department goes through its internal re-design, and
WHEREAS, having an identified vendor established through a competitive process will save considerable staff time that would otherwise be associated with each vehicle upfitting with emergency equipment, and
WHEREAS, the County of Placer (County) conducted a competitive process that opened on July 30, 2019 and closed on August 13, 2019. The County was “…soliciting bids for the purchase and installation of emergency response vehicle equipment & related supplies for the Placer County sheriff’s Office and Placer County Fire Department. Placer County intends to award a supplier contract for the purchase emergency response vehicle equipment and installation services on an as-needed basis.”, and WHEREAS, upon review Placer County selected Stommel Inc. dba Lehr as the best most responsive proposer to meet the specifications, thusly awarding the firm with Contract Number Agreement No. SCN104242, and
WHEREAS, Section 4.3 of the County’s RFP provides the “piggyback” authority. “Other public agencies may elect to “piggyback” on the County’s resulting agreement(s). It will be the responsibility of the other agencies to execute separate contracts with the successful bidder(s) at the same bid pricing (refer to this Bid’s General Terms and Conditions, Section 22) through the end of the initial contract period. Any subsequent renewal pricing and terms successfully negotiated between Placer County and the successful bidder(s) would be made available to those other agencies.”, and WHEREAS, funding is budgeted in 011-72-742-835-0000-000-422-664120/011-72-742- 837-0000-000-423-664120 (General Fund), 164-72-745-000-0000-000-423-664120/164- 72-742-837-0000-000-423-664120 (Measure FF), and 778-72-742-835-0000-000-422- 664120 (Measure Q).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments with Stommel Inc. dba Lehr to provide Emergency Response Vehicle Supplies/Equipment and Installation Services with a contract term from August 1, 2022 to September 30, 2022 in an amount

July 26, 2022

not to exceed $350,000. The contract may be extended for up to five additional years and shall not exceed $750,000 total.

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
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing and Community Services Subject: Mental Health Services Act (MHSA) Fiscal Year 2022-2023 Annual Update

RECOMMENDATION
Adopt a Resolution approving the Mental Health Services Act (MHSA) Fiscal Year 2022-2023 Annual Update (MHSA FY23 Annual Update), which provides information on current and proposed uses of funds for mental health programming, and forwarding the MHSA FY23 Annual Update to appropriate state officials.

SUMMARY
California MHSA revenues are allocated to mental health jurisdictions across the state on an annual basis to transform the mental health system into one that is consumer and family driven, culturally competent, wellness and recovery oriented, collaborative with community partners, and inclusive of integrated services. MHSA includes five defined funding components: Community Services and Supports; Prevention and Early Intervention; Innovations; Workforce, Education and Training; and Capital Facilities Technological Needs. The State requires that the City submit local stakeholder informed and Council approved MHSA Three Year Program and Expenditure Plans and Annual Updates in order to utilize funds.

FISCAL IMPACTS OF RECOMMENDATION
Approval of the MHSA FY23 Annual Update enables funding for MHSA programs and services. The City of Berkeley receives funding from MHSA revenues on a monthly basis from the State of California. The total MHSA funding amount the city will receive in any given year is unknown until the end of the year. Therefore, MHSA Plans and Annual Updates must estimate revenues and expenditures for each year. This MHSA FY22 Annual Update includes estimated revenue and expenditures in each MHSA component:

The budget provides an update to the estimated revenue and expenditures that were projected for FY23 in the previously approved MHSA Three Year Plan. As with all MHSA Plans and Annual Updates, revenue and expenditures in this Annual Update are estimates. Because statewide MHSA revenues were higher than anticipated in the past year, resulting in increased funding available to the City, and expenditures were lower than estimated due to vacancies and start-up time, the City has additional MHSA funds

Mental Health Services Act Fiscal Year 2022-2023 Annual Update CONSENT CALENDAR July 26, 2022

available in FY23 that can provide increased one-time support for local priorities. The following table shows the current balance of unspent funds and the amount of new funding and expenditures.

MHSA FUNDING

COMPONENT
Projected Unspent
Funds from FY22
and prior years
Projected New
Funding in
FY23
Projected
Expenditures in
FY23
Community Services
and Supports
$5,002,253 $7,088,391 $8,514,903
Prevention and Early
Intervention
$1,897,440 $1,772,679 $1,759,216
Innovations $1,730,975 $482,230 $548,650
Workforce Education
and Training
$41,248 $1,361 $42,609
Capital Facilities and
Technological Needs
$199,572 0 $110,000
TOTALS $8,471,488 $9,344,661 $10,975,378
The previously approved Three Year Plan included MHSA revenue projections based on data from the State. That data projected a downturn of revenue in the MHSA Fund due to uncertainty created by the pandemic. MHSA revenue comes from a one percent income tax on personal income in excess of $1 million per year statewide. Income for these wealthy Californians generally increased during the pandemic, reflecting national trends on income disparities. Additionally, the expenditure projections for FY23 in the approved MHSA Three Year Plan reflected the total costs of each program if it was fully operable. The actual expenditures in FY22 were less than what was projected, due to several factors including staff attrition and vacancies, and slower start-ups with new programs. The savings from the FY22 expenditures, together with the projected additional revenue in FY23, will provide increased funding to support MHSA programs and services.

Additionally, the budgets in this MHSA Annual Update reflect several factors related to funding for staff positions:

1. Changing the funding for certain staff from 100% MHSA funds to a mix of Medi- Cal and MHSA;

2. Assuming a 10% vacancy rate across all programs due to on-going staffing challenges; and

3. Projecting that new staff positions will not be filled until mid-FY23 due to the hiring process and challenges, and funding 30% of these positions from Medi- Cal.

Mental Health Services Act Fiscal Year 2022-2023 Annual Update CONSENT CALENDAR July 26, 2022

HHCS will continue to closely monitor the City of Berkeley MHSA allotments and expenditures to assess whether program changes are needed in the future. Any proposed program changes will be vetted for community input and reflected in the next MHSA Three Year Plan.

CURRENT SITUATION AND ITS EFFECTS
The MHSA FY23 Annual Update is the local plan, informed by area stakeholders, that provides an update to the previously approved MHSA FY2020/2021 – 2022/2023 Three Year Program and Expenditure Plan. The MHSA FY23 Annual Update details current mental health programs and services, proposes areas of new programming and/or increased staffing, and includes the state required MHSA FY2018/2019 – 2020/2021 Prevention and Early Intervention Three Year Evaluation Report and the FY2020/2021 Innovations Annual Evaluation Report. Per state legislation, MHSA Three Year Plans and Annual Updates must include the following steps: conducting a community program planning process with the involvement of area stakeholders, writing a draft plan, initiating a 30-day public review on the Draft Plan, and conducting a public hearing at a Mental Health Commission meeting.

Development of this City of Berkeley MHSA FY23 Annual Update included a community program planning process to obtain input via multiple Zoom meetings, drafting a plan, incorporating feedback from the planning process, a 30-day Public Review from May through June 23, and a Public Hearing on the evening of June 23 before the Mental Health Commission. The Division received the following comments on the FY23 Annual Update during the 30-day Public Review and Public Hearing:
• I didn’t realize Berkeley had a Mental Health Division. Maybe some of the funds could be used to increase visibility and outreach. When I was looking for a psychiatrist and a therapist awhile back, no one mentioned the City as an option for services. Maybe there needs to be more outreach to practitioners, agencies, social workers and clinics as well.
• Need more public awareness for MHSA Community Input Meetings. • It would be a good idea to use some of the funding for education: webinars, in- person lectures, literature, etc. As someone with a mental health disability, I confront a lot of prejudice. Reducing the stigma through education would also help those with mental illness, seek treatment.
• Berkeley needs a Drop-In Crisis Center with skilled professionals (not interns and volunteers) who are trained to help people with complex PTSD and other mental illnesses. We need help when we are triggered but before we have psychotic episodes and hurt others or ourselves. We do not belong in jail or psych wards.

Help us help ourselves!! Most of us have incredible difficulty navigating the horrendous “pathway” needed to get a regular therapist or psychiatrist. The system is so screwed up and none of it makes any sense. Consider even a place that offers

Mental Health Services Act Fiscal Year 2022-2023 Annual Update CONSENT CALENDAR July 26, 2022

classes on “How to deal with our triggers, tapping, other helpful tools”. Look to Santa Cruz who I think have such places.
• The Adult Clinic should have designated staff who have had Neurodiversity Training and are trained to work with individuals who are dyslexic. There is a big co- morbidity of neurodiversity and mental health issues. Being dyslexic can create a significant issue in communicating and can lead to underlying shame. • Students, parents and adults all need to be able to have access to Peer Counseling programs as individuals are more likely to share and open up to others that are similar to them and whom they trust.
• How can MHSA funds be utilized to provide more blended services, and braided teams, where someone receiving housing services for instance can also receive clinical services?
• Results Based Accountability (RBA) is good, it addresses the what and the how, but it doesn’t address the “why”. We need to understand the root causes of why we are doing what we are doing.
• You should consider the credentials of who you are hiring for the evaluation position and have a set aside of funds for evaluation and consider the resources that will be needed, such as the use of Data Analytics.
• Consider building a webpage with a dashboard that shows which demographic groups are accessing services so community members or partners can have a way of referencing how they and the Division are doing, and how well they are serving underserved populations, etc.
• Please reserve some funds for local mental health organizations. The Berkeley Chapter of Depression and Bipolar Support Alliance (DBSA) provides support for those with mood disorders. They are chronically underfunded, relying solely on donations from members, many of whom are on SSI or SSDI. • There has been improvement in the gathering of required demographic and related statistics in the MHSA Annual Update, but I still think for some groups, I think the LGBTQ groups, there are certain providers who still haven’t come around to really giving some thought on how they should be collecting that data. There should potentially be some kind of training for these providers on how to do that because not only are they not collecting it, but are they actually tailoring the services to these individuals in a way that is culturally responsive? It may be true for other populations as well.

All input received will be utilized to inform this MHSA Annual Update and/or future MHSA Three Year Plans and Updates. After the close of the Public Hearing the Mental Health Commission passed the following motion:

M/S/C (Fine, Jones) Recommend that the City Council approve this funding and submit the MHSA Plan to the State.

Mental Health Services Act Fiscal Year 2022-2023 Annual Update CONSENT CALENDAR July 26, 2022

Ayes: Fine, Jones, Opton, Pritchett Noes: None; Abstentions: None; Absent: Escarcega; Taplin.

BACKGROUND
California voters adopted the Mental Health Services Act (Proposition 63 – MHSA) on November 2, 2004. The Act places a 1% tax on every dollar of personal income over $1 million. MHSA revenues are allocated to mental health jurisdictions across the state to transform the mental health system into one that is consumer and family driven, culturally competent, wellness and recovery oriented, collaborative with community partners, and inclusive of integrated services. MHSA includes the following five funding components:
 Community Services and Supports: Primarily for treatment services and supports for Severely Mentally Ill Adults and Seriously Emotionally Disturbed Children.  Prevention and Early Intervention: For strategies to prevent mental illnesses from becoming severe and disabling.
 Innovations: For short-term pilot projects designed to increase new learning in the mental health field.
 Workforce, Education and Training: Primarily for strategies to identify and remedy mental health occupational shortages, promote cultural competency, and promote the employment of mental health consumers and family members.  Capital Facilities and Technological Needs: For capital projects on owned buildings and on mental health technology projects.

MHSA also provides funding for local housing development, collaborative programs for suicide prevention, school mental health, programs that combat stigma and discrimination; and training and technical assistance in the areas of cultural competency and prevention/early intervention. Three of the funding components are allocated annually and may be spent over a five-year timeframe. These are Community Services and Supports, Prevention and Early Intervention, and Innovations. Workforce, Education and Training and Capital Facilities and Technological Needs funds were awarded with expenditures of 10 years each, and had to be utilized by the end of FY2018 or FY2019. Per the City Council approved AB114 Reversion Expenditure Plan, some Capital Facilities and Technological Needs and Workforce, Education and Training projects were continued past the original timeframes.

The MHSA FY23 Annual Update is required by the state to update the previously approved FY2020/2021 – 2022/2023 Three Year Program and Expenditure Plan. Since the inception of MHSA, funds have been utilized to transform the mental health service delivery system to better meet the needs of underserved and inappropriately served communities, among others. This initiative has also provided the opportunity for the City of Berkeley Mental Health Division to further develop and expand the system of care by adding new programs within the division and utilizing non-profit providers in the planning and delivery of comprehensive mental health services.

Mental Health Services Act Fiscal Year 2022-2023 Annual Update CONSENT CALENDAR July 26, 2022

Past Council Action
Since the inception of the MHSA Program in 2006, Council has approved all MHSA Plans and Annual Updates. The most recent actions taken are as follows:
 September 14, 2021, approval of the MHSA Fiscal Year 2021/2022 Annual Update.
 December 1, 2020, approval of the MHSA Fiscal Years 2020/2022 – 2022/2023 Three Year Program and Expenditure Plan.

Council has also previously approved the initial MHSA component plans, Innovations Plans, and the uses of MHSA funding for local housing development projects and contracts with community-based agencies to implement mental health services and supports, housing and vocational services, and translation services.

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

RATIONALE FOR RECOMMENDATION
State legislation requires mental health jurisdictions to create MHSA Three Year Plans and to provide updates on MHSA Plans on an annual basis. The legislation also requires local approval on MHSA Plans and Annual Updates. Approval of this MHSA FY23 Annual Update will fulfill state requirements.

ALTERNATIVE ACTIONS CONSIDERED
Obtaining approval on MHSA Plans and Annual Updates by the local governing body is a state requirement for receiving MHSA funds. Due to the importance of these funds in serving community needs, no other alternative actions were considered.

CONTACT PERSON
Karen Klatt, Community Services Specialist III, HHCS, (510) 981-7644 Lisa Warhuus, Director of Health, Housing and Community Services, (510) 981-5400 Attachments:
1: Resolution
Exhibit A: – MHSA Fiscal Year 2022-2023 Annual Update

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

MENTAL HEALTH SERVICES ACT (MHSA) FISCAL YEAR 2022-2023

ANNUAL UPDATE
WHEREAS, Mental Health Services Act (MHSA) funds are allocated to mental health jurisdictions across the state for the purposes of transforming the mental health system into one that is consumer and family driven, culturally competent, wellness and recovery oriented, includes community collaboration, and implements integrated services; and WHEREAS, MHSA includes five funding components: Community Services and Supports; Prevention and Early Intervention; Innovations; Workforce, Education and Training; and Capital Facilities and Technological Needs; and WHEREAS, the City’s Department of Health, Housing and Community Services, Mental Health Division, receives MHSA Community Services and Supports, Prevention and Early Intervention, and Innovations funds on an annual basis, and received one-time distributions of MHSA Workforce, Education and Training and Capital Facilities and Technological Needs funds; and
WHEREAS, in order to utilize funding for programs and services, the Mental Health Division must have a locally approved Plan; Three Year program and Expenditure Plan, or Annual Update in place for the funding timeframe; and WHEREAS, all MHSA Plans and Annual Updates require Council approval and have been approved annually since 2006, including most recently the the MHSA Fiscal Year 2021 through 2022 Annual Update on September 14, 2021 by Resolution No. 70,012- N.S.; and,
WHEREAS, City Council has previously MHSA funding for local housing development projects and contracts with community-based agencies to implement mental health services and supports, housing and vocational services, and translation services; and WHEREAS, in order to comply with state requirements, the MHSA Fiscal Year 2022 through 2023 Annual Update must be approved by City Council.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the MHSA Fiscal Year 2022-2023 Annual Update that, incorporated herein as Exhibit A, is hereby approved.

BE IT FURTHER RESOLVED that the City Manager is authorized to forward the MHSA Fiscal Year 2022-2023 Annual update to appropriate state officials.

Exhibit A: MHSA Fiscal Year 2022-2023 Annual Update

EXHIBIT A

City of Berkeley Mental Health
Mental Health Services Act
(MHSA)

FY2022/23 Annual Update

1 TABLE OF CONTENTS

BACKGROUND AND OVERVIEW 2
MESSAGE FROM THE HEALTH, HOUSING AND COMMUNITY SERVICES DIRECTOR 5 DEMOGRAPHICS 6
COMMUNITY PROGRAM PLANNING PROCESS 10
MHSA FY22/23 ANNUAL UPDATE 14
PROPOSED NEW FUNDING ADDITIONS 15
PROGRAM DESCRIPTIONS AND FY21 DATA 18
COMMUNITY SERVICES & SUPPORTS (CSS) 19
PREVENTION & EARLY INTERVENTION (PEI) 43
INNOVATIONS (INN) 80
WORKFORCE, EDUCATION & TRAINING (WET) 84
CAPITAL FACILITIES AND TECHNOLOGICAL NEEDS (CFTN) 85
FY21 AVERAGE COST PER CLIENT 87
BUDGET NARRATIVE 88
PROGRAM BUDGETS 1A
PREVENTION & EARLY INTERVENTION FY19-21 THREE YEAR EVALUATION REPORT 1B INNOVATION FY21 ANNUAL EVALUATION REPORT 1C

2 BACKGROUND AND OVERVIEW
California voters passed Proposition 63, the Mental Health Services Act (MHSA), in November 2004, to expand and transform the public mental health system. This legislation places a 1% tax on personal incomes above $1 million dollars. Funds are deposited into the MHSA State Treasury Fund and allocations per each mental health jurisdiction are determined based on the total population in a given area.

Through the following five funding components, the MHSA was designed to create the capacity for a broad continuum of prevention, early intervention and treatment services along with the necessary infrastructure, technology, and training elements to support effective mental health system transformation:
• Community Services & Supports (CSS): Primarily provides treatment services and supports for Severely Mentally Ill Adults and Seriously Emotionally Disturbed Children and Youth.

• Prevention & Early Intervention (PEI): For strategies to recognize early signs of mental illness and to improve early access to services and programs, including the reduction of stigma and discrimination, and for strategies to prevent mental illness from becoming severe and disabling.
• Innovations (INN): For short-term pilot projects designed to increase new learning in the mental health field.
• Workforce, Education & Training (WET): Primarily for strategies to identify and remedy mental health occupational shortages, promote cultural competency and the employment of mental health consumers and family members in the workplace. • Capital Facilities and Technological Needs (CFTN): For capital projects on owned buildings and on mental health technology projects.

Among other things, the MHSA provides enhanced services and supports for Seriously Emotionally Disturbed children, youth and Transition Age Youth (TAY), adults, and older adults suffering from Severe Mental Illness through a “no wrong door” approach and aims to move public mental health service delivery from a “disease oriented” system to one that is culturally responsive, consumer informed, and wellness recovery oriented. This is accomplished through implementing programs that focus on the following major components:
• Wellness, recovery and resilience;
• Cultural competency;
• Consumer/family member driven services;
• Consumer/family member integration in the mental health system; and • Community collaboration.

The MHSA also strives to improve and increase services and supports for individuals and families from cultural and ethnic populations that are traditionally unserved and underserved in the mental health system. In Berkeley these have included: Asian Pacific Islanders (API);

3 Latinos/Latinas/Latinx (Latino/a/x); Lesbian, Gay, Bi-Sexual, Transgender, Queer/Questioning, Inter-Sexed, Agender, Plus others (LGBTQIA+); Older Adults; and Transition Age Youth (TAY).

African Americans have been an additional population of focus as data indicates they are overrepresented in the mental health system and hence “inappropriately served”, which could be due to being provided services that are not culturally responsive and/or appropriate.

In order to access MHSA funds, a stakeholder informed plan outlining how funds will be utilized must be developed and locally approved. Development of an MHSA Plan includes: community program planning with the involvement of area stakeholders, writing a draft plan, initiating a 30- day public review, conducting a public hearing at a Mental Health Commission meeting, and obtaining approval on the plan from City Council. The Community Services & Supports, Prevention & Early Intervention, and Innovation funding components are the only re-occurring monies that are allocated annually and may be spent over a five-year period. Workforce, Education & Training and Capital Facilities and Technological Needs funds had initial expenditure time periods of 10 years each, and were to be utilized by the end of Fiscal Year 2018 or 2019. Per the City Council approved MHSA AB114 Reversion Expenditure Plan (which is posted on the City of Berkeley MHSA Plans and Updates webpage), some CFTN and WET projects were continued past the original timeframes.

MHSA legislation requires mental health jurisdictions to provide updates on MHSA Plans on an annual basis, and an integrated Program and Expenditure Plan must also be developed every three years. Currently, the City of Berkeley Mental Health (BMH) Division has a City Council approved MHSA Fiscal Years 2020/21 - 2022/23 Three Year Program and Expenditure Plan (Three Year Plan) in place which covers each funding component. Since 2006, as a result of the City‘s approved MHSA plans, a number of new services and supports have been implemented to address the various needs of the residents of Berkeley including the following:
• Intensive services for Children, TAY, Adults, and Older Adults; • Multi-Cultural Outreach engagement, trainings, projects, and events; • Increased mental health services and supports for homeless individuals; • Wellness Recovery services and activities;
• Family Advocacy, Housing services and supports, and Benefits Advocacy; • Case management and mental health services and supports for TAY; • Trauma support services for unserved, underserved, and inappropriately served populations;
• Increased mental health prevention, and intervention services for children and youth in area schools and communities;
• A Wellness Recovery Center in collaboration with Alameda County Behavioral Health Care Services (BHCS);
• Funding for increased services for Older adults and the API population.

Additionally, an outcome of the implementation of the MHSA is that mental health consumers, family members and other stakeholders now regularly serve on several of BMH internal

4 decision-making committees. These individuals share their “lived experience” and provide valuable input which has become an integral component that informs the Division on the implementation of MHSA services and supports. Even prior to the passage of Proposition 63, BMH convened (and has since maintained) an MHSA Advisory Committee which serves in an advisory capacity on MHSA programs and is comprised of mental health consumers, family members, and individuals from unserved, underserved and inappropriately served populations, among other community stakeholders.

MHSA funding is based on a percentage of the total population in a given area. The amount of MHSA funds the City of Berkeley receives is comprised of a calculation based on the total population in Berkeley. MHSA funding has been utilized to provide mental health services and supports in Berkeley. Additionally, from Fiscal Year 2011 (FY11) through FY20, the City of Berkeley has also utilized a portion of MHSA funds to provide services in the City of Albany, although Albany is a part of the Alameda County total population. Beginning in FY21, per agreement with Alameda County BHCS, the Division transitioned to only using MHSA funds for services and supports in Berkeley, and ACBHCS now provides MHSA funded services in Albany.

This City of Berkeley MHSA FY2022-2023 (FY23) Annual Update is a stakeholder informed plan that provides an update to the previously approved Three Year Plan. This Annual Update summarizes proposed program changes and additions, includes descriptions and updates of currently funded MHSA services, and provides a reporting on FY21 program data.

5 MESSAGE FROM THE HEALTH, HOUSING AND COMMUNITY SERVICES DIRECTOR

Our community faces enormous challenges. Racial injustice, health inequities, isolated families and children, far too many unhoused people, and a continuing pandemic; are just a few of the myriad of issues impacting the mental health of residents of Berkeley. At the same time, the COVID-19 pandemic has made providing care more difficult. Over the past two years, Mental Health Division staff and community providers have worked hard to adapt to this changing landscape and to provide services in new ways. Through the use of tele-health and with the help of vaccinations, improved testing, and personal protective equipment, clinical and peer staff have continued to maintain care and connection both virtually and in person. Despite these efforts, many children, youth, adults, and families still remain disconnected and need support.

The coming year will require all of us, to work together to collaborate on providing this needed care. We are excited to bring on a new Mental Health Manager who will lead us in this on-going work. An important part of our community’s response to these enormous needs will be made possible by the MHSA FY23 Annual Update.

This Annual Update reflects community input the Division has received within the past year from a wide variety of stakeholders. Ongoing funds will be utilized to provide services and supports to vulnerable populations in Berkeley. Services in the proposed plan include outreach, assessment, and treatment for children to older adults; with a focus on increasing health equities across racial, ethnic and cultural populations. New funding in this Annual Update will be utilized to: increase staffing, program capacity and supports on the Homeless Full Services Partnership and the Adult Full Services Partnership; support quality assurance and program outcomes for the Adult Services programs; build an internal resource for program evaluation; provide short-term housing for individuals served on the Homeless Full Services Partnership; support the Bay Area Hearing Voices Network in providing outreach, technology, and program administration; provide on-site program management at the Martin Luther King House; and enable the Division to participate in the Greater Bay Area Regional Partnership Student Loan Repayment program.

Some of the various MHSA accomplishments within the past year included utilizing Innovations funds to make mental health apps available at no cost to adults who live, work or go to school in Berkeley; increasing services and supports to individuals who are unhoused through the Homeless Full Service Partnership; and obtaining local and state approvals to implement a new Mobile Wellness Center project in FY23, in order to ensure services that promote mental health well-being are available at area homeless encampments.

While economic uncertainty still remains, MHSA funds increased in FY22 and are expected to remain at that increased amount in FY23, so we have thankfully not yet seen decreases in funding. In coming years, we will closely watch both revenue and expenditures to ensure that we are able to sustain existing mental health programming. The Mental Health Division presents the City of Berkeley’s MHSA FY23 Annual Update with much appreciation for the efforts, input and partnership of our community partners, consumers, Mental Health Commission, and City staff.

6 DEMOGRAPHICS

Description
Situated in the heart of the San Francisco Bay area, and home to the University of California, Berkeley is an urban city, located in northern Alameda County. With a combined land mass of around 12.2 miles and a total population of 124,321 the City of Berkeley is densely populated and larger than 23 of California’s small counties.

Race/Ethnicity
Berkeley is a diverse community with changing demographics. The African American population has decreased in recent years while the Latinx and Asian populations have both increased.

Berkeley has a large student population, which provides housing for many of University of California’s foreign students and their families. Threshold languages include English, Spanish, Farsi, Cantonese, and Vietnamese, and approximately 29% of Berkeley residents speak a language other than English at home. Berkeley is comprised of the following racial and ethnic demographics: African American; Asian; Latino/Latina/Latinx; White; American Indian/Alaska Native; and Native Hawaiian/Pacific Islander (P.I.). Demographics are outlined below:

Age/Gender
As depicted in the table below, a large percentage of individuals in Berkeley are over the age of eighteen:

African
American 8%
Asian 21%
White
58%
Latinx
11%
Am. Indian/
Alaska Native
1%
N. Hawaiian/
P. I., 1%
City of Berkeley Race/Ethnicity