Berkeley City Council
December 13, 2022

Tuesday, December 13, 2022 AGENDA Page 1

P R O C L AM AT I O N

C AL L I N G A S P E C I AL M EE TI NG O F T HE

B E R K E LE Y CI T Y C O U N CIL
In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows:

Tuesday, December 13, 2022
5:00 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 – MARK HUMBERT

PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED IN A HYBRID MODEL WITH BOTH IN -PERSON

ATTENDANCE AND VIRTUAL PARTICIPATION

For in-person attendees, face coverings or masks that cover both the nose and the mouth are required. Physically distanced seating will be available. If you are feeling sick, please do not attend the meeting 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: 818 8576 3338 . 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 Counci l 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, December 13, 2022 AGENDA Page 2

Preliminary Matters
Roll Call:

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 or Information 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

1. Confirming the Results of the November 8, 2022, General Municipal Election From: City Manager
Recommendation:

1. Adopt a Resolution: a) Confirming the results of the November 8, 2022, General Municipal Election; and b) Declaring the passage of Measure M – Vacancy Tax, and Measure N – Article 34 Low-Income Housing.

2. Adopt an Ordinance amending the Berkeley Municipal Code to incorporate the passage of Measure M – Vacancy Tax.

3. Adopt a Resolution codifying the text of Measure N – Article 34 Low-Income Housing.

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

Consent Calendar

Tuesday, December 13, 2022 AGENDA Page 3

2. Grant Contracts with the State Coastal Conservancy to receive the FY2022 State Budget Allocation of $15 Million for improvement projects at the Berkeley Waterfront
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute grant contracts with the State Coastal Conservancy (SCC) to receive the FY2022 State Budget Allocation of $15 Million for improvement projects at the Berkeley Waterfront for the following projects: 1. Dredging of the Marina Main Channel, 2.

Replacement of D and E Dock system, 3. Improvements to Cesar Chavez Park Pathways, 4. Improvements to the South Cove West Parking Lot, and 5.

Environmental Review and Design of the Pier-Ferry Project.

Financial Implications: $15 million in revenue.

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

Council Consent Items

3. City Council Committee and Regional Body Appointments From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution approving the appointment of Council representatives to City Council Standing Policy Committees, Partnership Committees, Regional Bodies and Liaisons to City Boards and Commissions for a term ending on January 31, 2024 or until new appointments are made.

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

4. Appointment of the Vice-President of the Council
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution appointing Councilmember Ben Bartlett to be the Vice-President of the Council for a term beginning December 14, 2022 to December 5, 2023 and Councilmember Susan Wengraf to be the Vice President of the Council for a term beginning December 6, 2023 to December 1, 2024 or until new appointments are made.

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

5. Seating Arrangements for Councilmembers during City Council Meetings From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution rescinding Resolution No. 70,202–N.S. and changing the seating placement of City Councilmembers on the dais to accommodate the newly-elected councilmember and newly appointed Vice-Mayor, as follows (From left to right, facing the dais): Humbert, Kesarwani, Harrison, Bartlett, Arreguin, Wengraf, Hahn, Robinson, Taplin.

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

Adjournment

Tuesday, December 13, 2022 AGENDA Page 4
I hereby request that the City Clerk of the City of Berkeley cause personal notice to be given to each member of the Berkeley City Council on the time and place of said meeting, forthwith.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Berkeley to be affixed on this 9th day of December, 2022.

Jesse Arreguin, Mayor
Public Notice – this Proclamation serves as the official agenda for this meeting.

ATTEST:

Date: December 9, 2022
Mark Numainville, City Clerk

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

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

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

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

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

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

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

Tuesday, December 13, 2022 AGENDA Page 5
COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

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

Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from t he City Clerk prior to the meeting, and are to be returned before the end of the meeting.

Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item #2: Grant Contracts with the State Coastal Conservancy to receive the FY2022 State Budget Allocation of $15 Million for improvement projects at the Berkeley Waterfront

1. Camille Antinori (2)

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.berkeleyca.gov

CONSENT CALENDAR
December 13, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Confirming the Results of the November 8, 2022, General Municipal Election

RECOMMENDATION

1. Adopt a Resolution:
a) Confirming the results of the November 8, 2022, General Municipal Election; and b) Declaring the passage of Measure M – Vacancy Tax, and Measure N – Article 34 Low-Income Housing;

2. Adopt an Ordinance amending the Berkeley Municipal Code to incorporate the passage of Measure M – Vacancy Tax; and

3. Adopt a Resolution codifying the text of Measure N – Article 34 Low-Income Housing.

FISCAL IMPACTS OF RECOMMENDATION
There are no fiscal impacts associated with confirming the election results.

CURRENT SITUATION AND ITS EFFECTS
The Alameda County Registrar of Voters has submitted to the City Clerk the official Statement of the Results of votes cast for the City of Berkeley General Municipal Election held on November 8, 2022, and the City Clerk has prepared the attached Certification of Election Results.

The attached Resolution confirms the results of the November 8, 2022 Election and declares candidates elected to offices of City Council Districts 1, 4, 7, and 8; Rent Stabilization Board Commisisoner; School Board Director; and City Auditor; as well as the passage and/or defeat of city ballot measures.

Voters approved Measures M and N by a majority vote. Pursuant to Election Code Section 9217, Measure M will take effect on December 23, 2022 (10 days after vote is declared by legislative body). Measure N will be effective immediately after the Council adopts the resolution confirming the election results.

Measure L – Bond Measure did not achieve the required two-thirds threshold needed for passage.

Confirming the Results of the November 8, 2022 General Municipal Election CONSENT CALENDAR December 13, 2022

BACKGROUND
The City conducted its General Municipal Election on November 8, 2022. In addition to candidates for local offices, three measures were placed on the ballot by the Council.

The City Charter and the Municipal Code require that to be elected to the office of City Auditor and Council, a candidate must receive a majority of votes for that office under the Ranked-Choice Voting method.

Members of the School Board and Rent Stabilization Board are elected by plurality vote.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental and climate effects or opportunities associated with confirming the election results.

CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:
1: Resolution
Exhibit A: City Clerk Certification of Election Results (includes the Ranked Choice Voting Accumulated Results Chart and the Registrar of Voters Certificate of Election and Statement of Results with precinct-by- precinct results)
2: Ordinance – Measure M
3: Resolution – Measure N

Attachment 1
RESOLUTION NO. ##,###-N.S.

CONFIRMING THE CANVASS OF RETURNS OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 8, 2022, AND DECLARING THE RESULTS WHEREAS, a General Municipal Election consolidated with the Gubernatorial General Election was held in the City of Berkeley on November 8, 2022; and WHEREAS, the qualified electors cast ballots at said election for the following officials:

One seat for City Auditor, term ending November 30, 2026 One Councilmember seat, District 1, term ending November 30, 2026 One Councilmember seat, District 4, term ending November 30, 2026 One Councilmember seat, District 7, term ending November 30, 2026 One Councilmember seat, District 8, term ending November 30, 2026 Three School Board Director seats, terms ending November 30, 2026 Five Rent Stabilization Board Commissioner seats, terms ending November 30, 2026
WHEREAS, at said election the qualified electors cast ballots upon the following proposed Measures:

Measure L - Bond Measure
Two-thirds Vote Required
Shall the measure to create affordable housing; repair streets and sidewalks; underground utilities; and enhance buildings, infrastructure, and safety, authorizing the issuance of $650 million in general obligation bonds, subject to independent oversight and audits, be adopted?
Financial Implications: Median annual cost over the projected 48-year period bonds are outstanding is approximately $40.91 for every $100,000 or $265 for the average assessed home value of $647,000; raising approximately $25,000,000/year.

Measure M – Vacancy Tax
Majority Vote Required
Shall the measure to tax property owners who keep residential units vacant more than 182 days per year, $3,000 for each nonexempt condominium, duplex, single family dwelling, or townhouse vacant unit in the first year, increasing to $6,000 for each subsequent year, and $6,000 for all other residential units vacant in the first year, increasing to $12,000 for each subsequent year, with exceptions, from January 1, 2024 to December 31, 2034, generating between $3,900,000 and $5,900,000 annually, be adopted?

Attachment 1
Measure N – Article 34 Low-Income Housing
Majority Vote Required
Shall any federal, state or local public entity be empowered to develop, construct or acquire an additional 3,000 units of low-rent housing in the City of Berkeley for persons of low income?
Financial Implications:

Uncertain, dependent on means of financing used.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the following named were candidates for City Auditor for term ending November 30, 2026 and received the votes as set forth after their names, to wit:

CITY AUDITOR
Jenny Wong 36,949
BE IT FURTHER RESOLVED by the Council of the City of Berkeley that the following named were candidates for Councilmember for District 1 for the term ending November 30, 2026, and received the following first choice votes as set forth after their names, with the final tabulation determined through the Ranked-Choice Voting method as indicated in the City of Berkeley Certification of Election Results attached hereto, to wit:

CITY COUNCIL DISTRICT 1
(First Choice Votes)
Rashi Kesarwani 3,289
Elisa Mikiten 2,750
Tamar Michai Freeman 586
BE IT FURTHER RESOLVED by the Council of the City of Berkeley that the following named were candidates for Councilmember for Districts 4, 7, and 8 for the terms ending November 30, 2026, and received the votes as set forth after their names, to wit:

CITY COUNCIL DISTRICT 4
Kate Harrison 3,049
CITY COUNCIL DISTRICT 7
Rigel Robinson 691
CITY COUNCIL DISTRICT 8
Mark Humbert 3,289
Mari Mendonca 1,342
Peter Bruce Dumont 236
Mary-Lee Smith 186
Jay Wu 123

Attachment 1
BE IT FURTHER RESOLVED that the following named were candidates for Rent Stabilization Board Commissioner for the terms ending November 30, 2026, and received the votes as set forth after their names, to wit:

RENT STABILIZATION BOARD

COMMISSIONER
(Top Five Elected)
Soli Alpert 23,870
Nathan Mizell 21,268
Vanessa Danielle Marrero 19,139
Stefan Elgstrand 17,686
Ida Martinac 17,169
Negeene Mosaed 16,204
Carole Marasovic 15,982
Wendy Saenz Hood 14,031
BE IT FURTHER RESOLVED that the following named were candidates for School Board Director for the terms ending November 30, 2026, and received the votes as set forth after their names, to wit:

SCHOOL BOARD DIRECTOR
(Top Three Elected)
Ka’Dijah A. Brown 29,880
Mike Chang 22,792
Jennifer Shanoski 22,692
Reichi Lee 21,594
Tatiana Guerreiro Ramos 6,534
Norma J F Harrison 1,239
BE IT FURTHER RESOLVED that the total number of votes cast on ballot measures was as follows:

NO 18,130Measure L
Bond Measure
Two-thirds Vote Required
YES 26,545
YES 28,805Measure M
Vacancy Tax
Majority Vote Required
NO 15,549
YES 33,791Measure N
Article 34 Low-Income Housing
Majority Vote Required
NO 10,597

Attachment 1
BE IT FURTHER RESOLVED that the following candidates received a majority of votes for the office for which they were a candidate and are hereby declared to be elected for the term ending November 30, 2026:

CITY AUDITOR
Jenny Wong

CITY COUNCIL
Councilmember District 1 Rashi Kesarwani
Councilmember District 4 Kate Harrison
Councilmember District 7 Rigel Robinson
Councilmember District 8 Mark Humbert
BE IT FURTHER RESOLVED that the following candidates received a plurality of the votes cast for the offices for which they were a candidate and are hereby declared to be elected for terms ending November 30, 2026:

RENT STABILIZATION BOARD

COMMISSIONER

SCHOOL BOARD

DIRECTOR
Soli Alpert Ka’Dijah A. Brown
Nathan Mizell Mike Chang
Vanessa Danielle Marrero Jennifer Shanoski
Stefan Elgstrand
Ida Martinac
BE IT FURTHER RESOLVED that the following measures are declared to have passed or to have been defeated as shown below:
a) Measure L did not receive two-thirds of the votes cast at said election for said Measure, and is hereby declared to have failed.
b) Measure M received a majority of the votes cast at said election for said Measure, and is hereby declared to have passed.
c) Measure N received a majority of the votes cast at said election for said Measure, and is hereby declared to have passed.

BE IT FURTHER RESOLVED that the total number of ballots cast in the City of Berkeley at said election was 47,428. Attached hereto is the Certification of the City Clerk (Exhibit A) including the Ranked-Choice Voting Accumulated Results Chart and the Certificate of the Election by the Registrar of Voters and a complete Statement of the Results showing the number of votes cast at each precinct for each candidate and for and against each measure.

Exhibit A: City Clerk Certification of Election Results

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RCV Detailed Report
Alameda County
Certified Final Results
November 08, 2022
General Election
City Auditor - Berkeley (RCV)
Official results
Number of positions to elect is 1.

Tabulation status: All Positions Filled
Tabulation time: 12/6/2022 5:17:47 PM
Tabulation Options
RCV method IRV
Previous rounds evaluation method None
Elimination type Single
Votes to include in threshold calculation£ Continuing ballots per round Fixed precision decimals 0
Use previous tie break decision False
Exclude unresolved write-ins True
Declare winners by threshold True
Uses precincts True
Pause after round False
Perform elimination transfer in last round True
Skip overvoted rankings False
Assign skipped rankings to the set of
exhausted ballots False
Use first round suspension True
Include disabled candidate rankings in
overvote False
Ties are resolved in accordance with election law.
12/07/2022 14:35:58Page: 1 / 2

Alameda County
Round 1
Threshold: 18,475
Candidate Votes Percentage
JENNY WONG 36,949 100.00%
Continuing Ballots Total 36,949
Blanks 9,296
Exhausted 0
Overvotes 12
Remainder Points 0
Suspended 839
Non Transferable Total 10,147
JENNY WONG is elected because the candidate reached the threshold value. 12/07/2022 14:35:58Page: 2 / 2

RCV Detailed Report
Alameda County
Certified Final Results
November 08, 2022
General Election
Member, City Council, Dist. 1 - Berkeley (RCV)
Official results
Number of positions to elect is 1.

Tabulation status: All Positions Filled
Tabulation time: 12/6/2022 5:17:07 PM
Tabulation Options
RCV method IRV
Previous rounds evaluation method None
Elimination type Single
Votes to include in threshold calculation£ Continuing ballots per round Fixed precision decimals 0
Use previous tie break decision False
Exclude unresolved write-ins True
Declare winners by threshold False
Uses precincts True
Pause after round False
Perform elimination transfer in last round True
Skip overvoted rankings False
Assign skipped rankings to the set of
exhausted ballots False
Use first round suspension True
Include disabled candidate rankings in
overvote False
Ties are resolved in accordance with election law.
12/07/2022 14:33:58Page: 1 / 2

Alameda County
Round 1
Candidate Votes Percentage
ELISA MIKITEN 2,750 41.51%
TAMAR MICHAI FREEMAN 586 8.85%
RASHI KESARWANI 3,289 49.65%
Continuing Ballots Total 6,625
Blanks 538
Exhausted 0
Overvotes 29
Remainder Points 0
Suspended 32
Non Transferable Total 599
TAMAR MICHAI FREEMAN is eliminated because the candidate had the least amount of votes.

TAMAR MICHAI FREEMAN is eliminated because the candidate had the least amount of votes.

Elimination transfer for candidate TAMAR MICHAI FREEMAN. 595 ballots have been transferred in the following manner:

Transferred from Transferred to Ballots Fraction Votes
TAMAR MICHAI FREEMAN ELISA MIKITEN 315 1 315
TAMAR MICHAI FREEMAN RASHI KESARWANI 160 1 160
TAMAR MICHAI FREEMAN Exhausted 116 1 116
TAMAR MICHAI FREEMAN Overvotes 4 1 4
Elimination transfer for candidate Suspended.
32 ballots have been transferred in the following manner:

Transferred from Transferred to Ballots Fraction Votes
Suspended ELISA MIKITEN 12 1 12
Suspended TAMAR MICHAI FREEMAN 9 1 9
Suspended RASHI KESARWANI 8 1 8
Suspended Overvotes 3 1 3
Round 2
Candidate Votes Percentage
ELISA MIKITEN 3,077 47.09%
TAMAR MICHAI FREEMAN 0 0.00%
RASHI KESARWANI 3,457 52.91%
Continuing Ballots Total 6,534
Blanks 538
Exhausted 116
Overvotes 36
Remainder Points 0
Suspended 0
Non Transferable Total 690
ELISA MIKITEN is eliminated because the candidate was not elected in the last round.

RASHI KESARWANI is elected because all other candidates have been eliminated. 12/07/2022 14:33:58Page: 2 / 2

RCV Detailed Report
Alameda County
Certified Final Results
November 08, 2022
General Election
Member, City Council, Dist. 4 - Berkeley (RCV)
Official results
Number of positions to elect is 1.

Tabulation status: All Positions Filled
Tabulation time: 12/6/2022 5:17:23 PM
Tabulation Options
RCV method IRV
Previous rounds evaluation method None
Elimination type Single
Votes to include in threshold calculation£ Continuing ballots per round Fixed precision decimals 0
Use previous tie break decision False
Exclude unresolved write-ins True
Declare winners by threshold True
Uses precincts True
Pause after round False
Perform elimination transfer in last round True
Skip overvoted rankings False
Assign skipped rankings to the set of
exhausted ballots False
Use first round suspension True
Include disabled candidate rankings in
overvote False
Ties are resolved in accordance with election law.
12/07/2022 14:34:27Page: 1 / 2

Alameda County
Round 1
Threshold: 1,525
Candidate Votes Percentage
KATE HARRISON 3,049 100.00%
Continuing Ballots Total 3,049
Blanks 1,105
Exhausted 0
Overvotes 2
Remainder Points 0
Suspended 171
Non Transferable Total 1,278
KATE HARRISON is elected because the candidate reached the threshold value. 12/07/2022 14:34:27Page: 2 / 2

RCV Detailed Report
Alameda County
Certified Final Results
November 08, 2022
General Election
Member, City Council, Dist. 7 - Berkeley (RCV)
Official results
Number of positions to elect is 1.

Tabulation status: All Positions Filled
Tabulation time: 12/6/2022 5:17:29 PM
Tabulation Options
RCV method IRV
Previous rounds evaluation method None
Elimination type Single
Votes to include in threshold calculation£ Continuing ballots per round Fixed precision decimals 0
Use previous tie break decision False
Exclude unresolved write-ins True
Declare winners by threshold True
Uses precincts True
Pause after round False
Perform elimination transfer in last round True
Skip overvoted rankings False
Assign skipped rankings to the set of
exhausted ballots False
Use first round suspension True
Include disabled candidate rankings in
overvote False
Ties are resolved in accordance with election law.
12/07/2022 14:34:58Page: 1 / 2

Alameda County
Round 1
Threshold: 346
Candidate Votes Percentage
RIGEL ROBINSON 691 100.00%
Continuing Ballots Total 691
Blanks 289
Exhausted 0
Overvotes 0
Remainder Points 0
Suspended 71
Non Transferable Total 360
RIGEL ROBINSON is elected because the candidate reached the threshold value. 12/07/2022 14:34:58Page: 2 / 2

RCV Detailed Report
Alameda County
Certified Final Results
November 08, 2022
General Election
Member, City Council, Dist. 8 - Berkeley (RCV)
Official results
Number of positions to elect is 1.

Tabulation status: All Positions Filled
Tabulation time: 12/6/2022 5:17:37 PM
Tabulation Options
RCV method IRV
Previous rounds evaluation method None
Elimination type Single
Votes to include in threshold calculation£ Continuing ballots per round Fixed precision decimals 0
Use previous tie break decision False
Exclude unresolved write-ins True
Declare winners by threshold False
Uses precincts True
Pause after round False
Perform elimination transfer in last round True
Skip overvoted rankings False
Assign skipped rankings to the set of
exhausted ballots False
Use first round suspension True
Include disabled candidate rankings in
overvote False
Ties are resolved in accordance with election law.
12/07/2022 14:35:31Page: 1 / 4

Alameda County
Round 1
Candidate Votes Percentage
PETER BRUCE DUMONT 236 4.56%
MARY-LEE SMITH 186 3.59%
MARI MENDONCA 1,342 25.93%
MARK HUMBERT 3,289 63.54%
JAY WU 123 2.38%
Continuing Ballots Total 5,176
Blanks 863
Exhausted 0
Overvotes 35
Remainder Points 0
Suspended 23
Non Transferable Total 921
JAY WU is eliminated because the candidate had the least amount of votes.

JAY WU is eliminated because the candidate had the least amount of votes.

Elimination transfer for candidate JAY WU.
124 ballots have been transferred in the following manner:

Transferred from Transferred to Ballots Fraction Votes
JAY WU PETER BRUCE DUMONT 15 1 15
JAY WU MARY-LEE SMITH 20 1 20
JAY WU MARI MENDONCA 22 1 22
JAY WU MARK HUMBERT 36 1 36
JAY WU Exhausted 31 1 31
Elimination transfer for candidate Suspended.
23 ballots have been transferred in the following manner:

Transferred from Transferred to Ballots Fraction Votes
Suspended PETER BRUCE DUMONT 3 1 3
Suspended MARY-LEE SMITH 2 1 2
Suspended MARI MENDONCA 8 1 8
Suspended MARK HUMBERT 5 1 5
Suspended JAY WU 1 1 1
Suspended Overvotes 4 1 4
12/07/2022 14:35:31Page: 2 / 4

Round 2
Candidate Votes Percentage
PETER BRUCE DUMONT 254 4.92%
MARY-LEE SMITH 208 4.03%
MARI MENDONCA 1,372 26.57%
MARK HUMBERT 3,330 64.48%
JAY WU 0 0.00%
Continuing Ballots Tota
l 5,164
Blanks 863
Exhausted 31
Overvotes 39
Remainder Points 0
Suspended 0
Non Transferable Total 933
MARY-LEE SMITH is eliminated because the candidate had the least amount of votes.

Elimination transfer for candidate MARY-LEE SMITH.
208 ballots have been transferred in the following manner:

Transferred from Transferred to Ballots Fraction Votes
MARY-LEE SMITH PETER BRUCE DUMONT 37 1 37
MARY-LEE SMITH MARI MENDONCA 101 1 101
MARY-LEE SMITH MARK HUMBERT 49 1 49
MARY-LEE SMITH Exhausted 20 1 20
MARY-LEE SMITH Overvotes 1 1 1
Round 3
Candidate Votes Percentage
PETER BRUCE DUMONT 291 5.66%
MARY-LEE SMITH 0 0.00%
MARI MENDONCA 1,473 28.64%
MARK HUMBERT 3,379 65.70%
JAY WU 0 0.00%
Continuing Ballots Total 5,143
Blanks 863
Exhausted 51
Overvotes 40
Remainder Points 0
Suspended 0
Non Transferable Total 954
PETER BRUCE DUMONT is eliminated because the candidate had the least amount of votes.

Elimination transfer for candidate PETER BRUCE DUMONT.
291 ballots have been transferred in the following manner:

Transferred from Transferred to Ballots Fraction Votes
PETER BRUCE DUMONT MARI MENDONCA 155 1 155
PETER BRUCE DUMONT MARK HUMBERT 88 1 88
PETER BRUCE DUMONT Exhausted 45 1 45
PETER BRUCE DUMONT Overvotes 3 1 3
12/07/2022 14:35:31Page: 3 / 4

Round 4
Candidate Votes Percentage
PETER BRUCE DUMONT 0 0.00%
MARY-LEE SMITH 0 0.00%
MARI MENDONCA 1,628 31.95%
MARK HUMBERT 3,467 68.05%
JAY WU 0 0.00%
Continuing Ballots Total 5,095
Blanks 863
Exhausted 96
Overvotes 43
Remainder Points 0
Suspended 0
Non Transferable Total 1,002
MARI MENDONCA is eliminated because the candidate was not elected in the last round.

MARK HUMBERT is elected because all other candidates have been eliminated. 12/07/2022 14:35:31Page: 4 / 4

ORDINANCE NO. #,###-N.S.

ADDING CHAPTER 7.54 TO THE BERKELEY MUNICIPAL CODE TO IMPOSE AN

EXCISE TAX ON KEEPING RESIDENTIAL PROPERTY VACANT TO FUND GENERAL

MUNICIPAL SERVICES
BE IT ORDAINED by the people of the City of Berkeley as follows:

Section 1. That Chapter 7.54 of the Berkeley Municipal Code is added to read as follows:

Chapter 7.54
Empty Homes Tax
Sections:

7.54.010 Short Title.

7.54.020 Findings and Purpose.

7.54.030 Definitions.

7.54.040 Imposition of Tax.

7.54.050 Returns; Presumption of Vacancy.

7.54.060 Exemptions.

7.54.070 Administration; Penalties.

7.54.080 Use of Funds for General Municipal Purposes.

7.54.090 Technical Assistance to the City Manager; Annual Reports.

7.54.100 Authorization and Limitation on Issuance of Bonds.

7.54.110 Severability.

7.54.120 Savings Clause.

7.54.130 Liberal Construction.

7.54.010 Short Title.

This Chapter shall be known as the “Empty Homes Tax Ordinance,” and the tax it imposes shall be known as the “Empty Homes Tax.”

7.54.020 Findings and purpose.

The People of the City of Berkeley find and declare as follows:

A. Residential vacancies are an ongoing concern in Berkeley.

B. Of total vacancies, the Berkeley Rent Stabilization Board data from 2022 indicates that 1,128 fully or partially regulated units in buildings with more than two units have been classified by their owners as not available to rent. Returning these and other vacant units to the housing market is a key strategy for ensuring long-term affordability.

C. Prolonged vacancy restricts the supply of available housing units, is often the result of housing speculation and runs counter to the City’s housing objectives. Prolonged vacancies can also decrease economic activity in neighborhoods and lead to blight.

D. The housing affordability crisis has created an urgent need to pay for additional services and programs including, but not limited to, construction of new affordable housing for households with a household income of 80% or less of Area Median Income, Attachment 2

2 including by providing pre-development funding to non-profit affordable housing developers, and the acquisition and rehabilitation of multi-unit buildings for affordable housing, and the operation of such buildings acquired and/or rehabilitated.

E. The City is also working to ensure all public funds available to build affordable housing are being maximized, from the City, Alameda County, State and Federal governments.

F. Even with the addition of City, County, State, and Federal resources, the City is unable to house all of its residents.

G. The increased costs of meeting the challenges of the housing crisis have impacted the City’s General Fund.

H. The City needs new funds to pay for municipal services. The Empty Homes Tax is intended to disincentivize prolonged vacancies and housing speculation, thereby increasing the number of housing units available for occupancy, while also raising funds for municipal services, including but not limited to constructing, acquiring, and rehabilitating affordable housing.

7.54.030 Definitions.

Unless otherwise defined in this Chapter, the terms used in this Chapter shall have the meanings given to them in Chapters 2.44 and 9.04 of the Municipal Code, as amended from time to time. For purposes of this Chapter, the following definitions shall apply:

A. “Affiliate” means an entity under common majority ownership or common control, whether that ownership or control is direct or indirect, with any other person or entity, including but not limited to a person or entity that majority owns or controls, or is majority owned or controlled by, any other person or entity.

B. “Building Permit Application Period” means the period following the date that an application for a building permit for repair, rehabilitation, or construction with respect to a Residential Unit is filed with the City through the date the Planning Department or its successor agency grants or denies that application, not to exceed one year.

Notwithstanding the preceding sentence, if more than one building permit application is filed by or on behalf of one or more persons in the Owner’s Group for the same Residential Unit, the Building Permit Application Period shall mean only the applicable period following the date the first application is filed with the City by or on behalf of anyone in the Owner’s Group. In the case of an owner qualifying for the Disaster Period in subsection D, the Building Permit Application Period may be extended beyond one year if the owner makes a good faith effort, as determined by the building official, to obtain a building permit.

C. “Disaster Period” means the two-year period following the date that a Residential Unit was made uninhabitable or unusable due to fire, natural disaster, or other catastrophic event, except where a negligent, reckless or willful act or omission by the owner or agent of the owner contributed to or caused the Residential Unit to become uninhabitable or unusable due to fire, natural disaster or other catastrophic event.

D. “Homeowners’ Exemption Period” means the period during which a Residential Unit is the principal place of residence of any owner of that Residential Unit and for which

3 such owner validly has claimed either the homeowners’ property tax exemption under Section 218 of the California Revenue and Taxation Code or the disabled veterans’ exemption under Section 205.5 of that Code, as those sections may be amended from time to time.

E. “Hotel” means any property registered under Section 7.36.060 of the Municipal Code and excludes any properties regulated under Chapter 23.314 of the Municipal Code.

F. “Lease Period” means the period during which any owner of a Residential Unit or any person in the Owner’s Group of that owner leases that Residential Unit to one or more tenants under a bona fide lease intended for occupancy, but not including any lease or rental of that Residential Unit to anyone in the Owner’s Group or to travelers, vacationers, or other transient occupants.

G. “Owner Death Period” means, with respect to a co-owner or decedent’s estate, heirs, or beneficiaries, the period during which a Residential Unit is unoccupied, uninhabited, or unused because of the death of any owner of a Residential Unit who was the sole occupant of that Residential Unit immediately prior to such owner’s death, provided that such period shall not exceed the longer of two years or the period during which the Residential Unit is subject to the authority of a probate court.

H. “Owner In Care Period” means the period during which a Residential Unit is unoccupied, uninhabited, or unused because the occupant of the Residential Unit who used that Residential Unit as their principal residence is residing in a hospital, long term or supportive care facility, medical care or treatment facility, or other similar facility.

I. “Owner’s Group” means for each owner of a Residential Unit, with respect to each Residential Unit, the owner, any current or former co-owner, and any Related Person or Affiliate of the owner or any current or former co-owner.

J. “Rehabilitation Period” means the two-year period following the date that the City issues a building permit for repair, or rehabilitation, with respect to a Residential Unit, provided that if the City issues multiple building permits to or for the benefit of one or more persons in the Owner’s Group for the same Residential Unit, the Rehabilitation Period shall mean only the two-year period following the issuance of the first building permit to or for the benefit of anyone in the Owner’s Group.

K. “Related Person” means a spouse, domestic partner, child, parent, or sibling.

L. “Residential Unit” means a house, an apartment, a group of rooms, or a single room that is designed as separate living quarters Separate living quarters are those in which the occupants live and eat separately from any other persons in the building and which have a kitchen and direct access from the outside of the building or through a common hall. For purposes of this Chapter, a Residential Unit shall not include a unit in a Hotel, a currently operational nursing home, residential care facility, or other similar facility, or any unit that is fully exempt from property tax under the welfare exemption under Section 214(g) of the California Revenue and Taxation Code, as may be amended from time to time.

M. “Vacancy Exclusion Period” means the Building Permit Application Period, Rehabilitation Period, Disaster Period, Homeowners’ Exemption Period, Lease Period, Owner Death Period, or Owner In Care Period.

4 N. “Vacant” means unoccupied, uninhabited, or unused, for more than 182 days, whether consecutive or nonconsecutive, in a calendar year.

7.54.040 Imposition of Tax.

A. Except as otherwise provided in this Chapter, the City imposes an annual Empty Homes Tax on each person that owns a Residential Unit for keeping that Residential Unit Vacant for more than 182 days, whether consecutive or nonconsecutive, in a calendar year except for those periods defined as a Vacancy Exclusion Period.

B. The Empty Homes Tax on an owner keeping a Residential Unit Vacant shall be as follows:

1. For the first calendar year that the Residential Unit is Vacant, the tax shall be $3,000 per Residential Unit in a vacant condominium, duplex, single family dwelling, or townhouse unit under separate residential unit ownership and $6,000 per any other vacant Residential Unit.

2. For the second consecutive calendar year and each subsequent calendar year thereafter that the Residential Unit is Vacant, the tax shall be $6,000 per Residential Unit in a vacant condominium, duplex, single family dwelling, or townhouse unit under separate residential unit ownership and $12,000 per any other vacant Residential Unit.

C. The rates set forth in subsection B. of this Section shall be adjusted annually in accordance with the increase in the Consumer Price Index: All Urban Consumers for the San Francisco/Oakland/San Jose Area for All Items as reported by the United States Bureau of Labor Statistics, or any successor to that index, as of December 31st of the preceding year, beginning with the 2025 calendar year.

D. The Empty Homes Tax shall be payable by the owner or owners of the Residential Unit kept Vacant. Not more than one tax per Residential Unit shall be imposed under this Section for a calendar year by reason of multiple liable owners. If there are multiple liable owners, each owner shall be jointly and severally liable for the tax, which shall be the highest amount of tax payable by any owner for that Residential Unit for that calendar year.

E. In determining whether an owner has kept a Residential Unit Vacant during a calendar year, days within any Vacancy Exclusion Period shall be disregarded if that Vacancy Exclusion Period applies to that owner for that Residential Unit, as shall days in which the Residential Unit was not owned by the owner, but the owner shall be deemed to have kept the Residential Unit unoccupied, uninhabited, or unused on all other days that such Residential Unit is unoccupied, uninhabited, or unused during the calendar year.

F. The Empty Homes Tax shall take effect on January 1, 2024. The Empty Homes Tax shall expire on December 31, 2034, unless reauthorized by the voters prior to such date.

G. The Empty Homes Tax shall be suspended for as long as the Berkeley COVID-19 Residential Eviction Moratorium is in effect pursuant to BMC 13.110 and the tax shall resume upon expiration.

5 H. Upon declaring a citywide emergency, the Council may suspend the tax in whole or part by a supermajority vote of two-thirds of the entire City Council upon a finding that a declared emergency has undermined the ability of owners to fill vacancies in their Residential Units. Such a suspension shall last for no more than 60 days from its enactment by the Council, but may be extended on or before its expiration by a two- thirds supermajority vote of the Council so long as the emergency continues and the required findings can be made. The Empty Homes Tax shall resume upon the expiration of the emergency.

I. The Council may, by majority vote of the entire City Council, amend this Chapter in furtherance of its purposes or to correct ambiguities or errors in language, provided that such amendments do not alter the dollar amounts of the tax as provided in Section

7.54.040 B, or expand the applicability of the exemptions in Section 7.54.060, or amend subsection H. or this subsection I. of Section 7.54.040.

7.54.050 Returns; Presumption of Vacancy.

A. Each person that is required to pay the Empty Homes Tax shall file a return in the form and manner prescribed by the City Manager or their designee.

B. Each person that owns a Residential Unit at any time during a calendar year and that is not exempt from the Empty Homes Tax with respect to that Residential Unit under any one of subsections A. through D. of Section 7.54.060 shall file a return for that calendar year in the form and manner prescribed by the City Manager or their designee. A person that fails to file the return required by this subsection B. for a Residential Unit shall be presumed to have kept that Residential Unit Vacant for the calendar year for which such return is required. The person who fails to file the required return may rebut the presumption by producing satisfactory evidence that such person did not keep the Residential Unit Vacant during the calendar year for which the return is required.

7.54.060 Exemptions.

A. For only so long as and to the extent that the City is prohibited by the Constitution or laws of the State of California or the Constitution or laws of the United States from imposing the Empty Homes Tax on any person that person shall be exempt from the Empty Homes Tax.

B. Any organization that is exempt from income taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as amended, shall be exempt from the Empty Homes Tax.

C. The City, the State of California, and any county, municipal corporation, district, or other political subdivision of the State shall be exempt from the Empty Homes Tax, except where any constitutional or statutory immunity from taxation is waived or is not applicable.

D. A natural person or trust who is the owner of a single property of four or fewer Residential Units, inclusive of accessory dwelling units and junior accessory dwelling units, that is their principal residence shall be exempt provided that they own no other Residential Units in the City. Additionally, for the purposes of this subsection D. only, the

6 “owner” of such Rental Property shall not be any of the following set forth under California Civil Code Section 1947.12(d)(5)(A)(i)-(iii) (“AB 1482”): a real estate investment trust, as defined in Section 856 of the Internal Revenue Code; a corporation; or a limited liability company.

E. Any taxpayer seeking an exemption under this Section shall be required to demonstrate their entitlement thereto annually by submitting an application and supporting documentation to the City Manager or their designee in the manner and at the time established in regulations and/or guidelines hereafter promulgated by the City Manager subject to review by the City Council in its discretion. Such applications shall be on forms provided by the City Manager, or their designee.

7.54.070 Administration; Penalties
A. The City Manager or their designee shall enforce the provisions of this Chapter and may prescribe, adopt, and enforce rules and regulations relating to the administration and enforcement of this chapter.

B. The tax required by this Chapter is delinquent if not received by the tax administrator on or before February 28 of each year.

C. Any person who fails to pay the tax required by this Chapter to the City or any amount of tax required to be collected and paid to the City within the time required shall pay a penalty of ten percent of the tax or amount of the tax, in addition to the tax or amount of tax, plus interest at the rate of one percent per month from the date on which the tax or the amount of tax required to be collected became due and payable to the City until the date of payment.

D. Transactions with the principal purpose of avoiding or evading all or a portion of the Empty Homes Tax shall be disregarded for purposes of determining the amount of the Empty Homes Tax and whether the Empty Homes Tax is due. Any owner determined to have engaged in one or more transactions with the principal purpose of avoiding or evading all or a portion of the Empty Homes Tax shall be liable for the Empty Homes Tax and also liable for a penalty in an amount equal to the Empty Homes Tax.

E. Any tax required to be paid by an owner under the provisions of this chapter shall be deemed a debt owed by the owner to the City. Any person owing money to the City under the provisions of this chapter shall be liable to an action brought in the name of the City for the recovery of such amount, along with any collection costs incurred by the City as a result of the person’s noncompliance with this chapter, including, but not limited to, reasonable attorneys’ fees, plus interest and penalties as herein provided.

7.54.080 Use of Funds for General Municipal Purposes.

A. The Council may deposit any portion of the proceeds generated by the Empty Homes Tax into the Housing Trust Fund, subject to its operating rules, or it may use any of the proceeds to fund any general municipal services designated by the Council.

7.54.090 Annual Reports.

7 Commencing with a report filed no later than February 15, 2026, covering the fiscal year ending June 30, 2025, the City Manager shall file annually with the Council, by February 15 of each year, a report containing the amount of monies collected from the tax during the prior fiscal year.

7.54.100 Authorization and Limitation on Issuance of Bonds.

The City shall be authorized to pledge revenues generated by the Empty Homes Tax to the repayment of limited tax bonds or other forms of indebtedness authorized under this Section. The Council shall by ordinance or resolution, as applicable, establish the terms of any limited tax bonds or other forms of indebtedness authorized hereby, including but not limited to, the amount of the issue, date, covenants, denominations, interest rate or rates, maturity or maturities, redemption rights, tax status, manner of sale, and such other particulars as are necessary or desirable.

7.54.110 Severability.

If any word, phrase, sentence, part, section, subsection, or other portion of this ordinance, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this chapter, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The People of the City of Berkeley hereby declare that they would have passed this ordinance, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional.

7.54.120 Savings Clause.

No section, clause, part, or provision of this Chapter shall be construed as requiring the payment of any tax that would be in violation of the Constitution or laws of the United States or of the Constitution or laws of the State of California.

7.54.130 Liberal Construction.

This Chapter shall be liberally construed to effectuate its purpose.

Section 2. Increase Appropriations Limit. Pursuant to California Constitution Article XIII B and applicable laws, for four years from November 8, 2022, the appropriations limit for the City shall be increased by the aggregate sum collected by the levy of the general tax imposed under this ordinance.

Section 3. California Environmental Quality Act Requirements. This Ordinance is exempt from the California Environmental Quality Act, Public Resources Code section 21000 et seq., under, including without limitation, Public Resources Code section 21065

8 and CEQA Guidelines sections 15378(b)(4) and 15061(b)(3), as it can be seen with certainty that there is no possibility that the activity authorized herein may have a significant effect on the environment and pursuant to Public Resources Code section 21080, subdivision (b)(8), and CEQA Guidelines section 15273 as the approval of government revenues to fund existing services.

Section 4. General Tax; Majority Vote Requirement. This Ordinance imposes a general tax for general revenue purposes and shall be effective only if approved by a majority of the voters voting thereon.

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

AUTHORIZING PUBLIC ENTITIES TO DEVELOP, CONSTRUCT, OR ACQUIRE NO MORE THAN 3,000 UNITS OF LOW RENT HOUSING IN THE CITY OF BERKELEY WHEREAS, Article XXXIV of the Constitution of California requires that a majority of qualified voters of the City of Berkeley determine whether or not any public entity should be empowered to develop, construct, or acquire low rent housing projects in the City of Berkeley.

NOW THEREFORE, BE IT RESOLVED by the People of the City of Berkeley that any public entity shall be empowered to develop, construct or acquire up to 3,000 additional units of low-rent housing for persons of low income in the City of Berkeley.

BE IT FURTHER RESOLVED that the terms of the authorization contained in this measure shall be construed in the same manner as Article XXXIV of the Constitution of California and any laws or cases interpreting that section.

Attachment 3

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
December 13, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation Waterfront Subject: Grant Contracts with the State Coastal Conservancy to receive the FY2022 State Budget Allocation of $15 Million for improvement projects at the Berkeley Waterfront

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute grant contracts with the State Coastal Conservancy (SCC) to receive the FY2022 State Budget Allocation of $15 Million for improvement projects at the Berkeley Waterfront for the following projects:

1. Dredging of the Marina Main Channel,

2. Replacement of D and E Dock system,

3. Improvements to Cesar Chavez Park Pathways,

4. Improvements to the South Cove West Parking Lot, and

5. Environmental Review and Design of the Pier-Ferry Project.

FISCAL IMPACTS OF RECOMMENDATION
The State Coastal Conservancy (SCC) has been selected to administer the FY2022 State Budget allocation of $15 million for Berkeley Waterfront projects. The SCC runs a grants reimbursement program whereby the City floats the cost of each project and then submits reimbursement requests to the SCC as City project funds are spent. The SCC has a hard deadline of February 2026 to disburse these state funds, and in order to start these projects by the end of summer 2023, the City will need to seek approval at the SCC board meeting on April 6, 2023. As a result, the key criteria for selecting projects at the Waterfront among several badly-needed projects is project readiness – a project must be far enough along to be completed and City requests for reimbursement be completed by the Fall of 2025 in order to be processed for final reimbursement by the SCC by the February 2026 deadline.

CURRENT SITUATION AND ITS EFFECTS
Over the last fifteen years, the City Council has dedicated $40.2M to the Waterfront1.

However, the Waterfront still has over $140M in unfunded capital and maintenance, comprised of badly-needed improvements to dock systems, restrooms, roads, parking lots, 1 See Off Agenda Memo to Council on Feb 16, 2022: https://berkeleyca.gov/sites/default/files/2022- 04/Waterfront%20CIP%20Projects%20021622.pdf

FY2022 State Budget Allocation of $15 Million for improvement projects CONSENT CALENDAR at the Berkeley Waterfront December 13, 2022

pathways, parks, City buildings, utilities, and other infrastructure. The Marina Fund, the financial mechanism that operates the Waterfront, has an annual operating deficit that is projected to be $1.45M in FY20242 and its current fund balance has only remained positive during the last two years because of $2.55M in American Rescue Plan Act (ARPA) funding.

In FY2022, the State of California allocated a one-time distribution of state surplus funds to cities and counties throughout California. Berkeley received a one-time allocation of $15 million for Berkeley Waterfront improvement projects. The State Coastal Conservancy (SCC) will administer these funds via their grants and contracts program. SCC requires that Berkeley submit a grant application package for each proposed project comprised of a scope of work, a cost estimate, conceptual plans, environmental review documents (CEQA), and other project-related items (e.g., photos, etc.) This funding program will terminate in February of 2026. As a result, all work to be funded by this program must be completed, fully invoiced to the SCC, and fully reimbursed by February 2026.

Staff has identified key five projects that can be completed by the state funding deadline of February 2026. Below is a list and rationale for the selection of each project.

1. $7.403M - Dredging of the Marina Main Channel

2. $1.587M - Replacement of D and E Dock system

3. $2.113M - Improvements to Cesar Chavez Park Pathways

4. $0.936M - Improvements to the South Cove West Parking Lot

5. $2.961M - Environmental Review and Design of the Pier-Ferry Project $15M - Total

1. Dredging the Marina Main Channel
Over the past thirty years, the problem of siltation at the Berkeley Marina has increased to the point where larger boats get stuck during low tide at various locations. The main channel was last dredged in 1990 when FEMA funded a temporary public ferry service after the Loma Prieta Earthquake damaged the Bay Bridge. This dredging project will increase safety at the Marina and will help increase the occupancy of slips at the Marina. The total cost of the project is estimated at $7.703 million. This project was initiated in 2021 with a $300,000 allocation of General Funds for the design, permitting, and environmental review phases, but no construction funding was identified. An estimated $7.403 million in state funds will be used to complete this project.

2. Replacement of D and E Docks
The D and E Dock system at the Berkeley Marina is the last remaining of the fifteen original dock systems that were installed at the Berkeley Marina in the 1970s. This dock system has aged far past its lifespan and many of its slips are not rentable to the public (and therefore cannot produce revenue), and badly needs to be replaced. The total project cost is $7.587 million. To-date, the project has received a $5.5 million loan from the State Division of Boating and Waterways (DBAW), as well as funds from Measure T1 Phase 2. 2 See PRW presentation to the Budget and Finance Policy Committee:
https://berkeleyca.gov/sites/default/files/legislative-body-meeting- attachments/PRW%20Budget%20Presentation%20FY23-FY24%20Revised.pdf

FY2022 State Budget Allocation of $15 Million for improvement projects CONSENT CALENDAR at the Berkeley Waterfront December 13, 2022

The project was initiated in 2019 and is on schedule to complete the environmental document phase and the 60% design phase in the Spring of 2023.

The dock replacement project will convert failing 32 ft and 36 ft berther slips to new and more marketable 35 ft to 45 ft slips. These new larger slips are in high demand and will help generate additional revenue to the Marina Fund. An additional $1.587M of the state funds is needed to cover the recent unanticipated increases in construction costs.

3. Improvements to Cesar Chavez Park Pathways
The existing perimeter pathway at Cesar Chavez Park, as well as most interior pathways, are in a severely degraded condition and most sections do not meet current building codes for ADA accessibility. In 2010, the City completed a conceptual plan for a renovation of the perimeter path and competed for grant funding, which was not successful. With a new allocation of $2.113 million in state funds, the City will be able to submit highly competitive proposals to upcoming grant programs that require a 50% match (e.g., the Land and Water Conservation Fund) to complete all pathway renovations. If the grant applications are not successful, the $2.113 million will complete the perimeter pathway renovation.

4. Improvements to the South Cove West Parking Lot
The South Cove West Parking Lot is an existing gravel lot where vehicles kick up airborne dust and loose gravel that gets carried onto the pavement along University Ave and the adjacent East Lot, which will accelerate the damage to the roadway asphalt in the coming years. The design and permitting for the West Lot was completed in 2018 as part of the South Cove Parking Lot and Restroom Project, but construction was not completed due to lack of funding. The design will be updated to accommodate an improved back entrance to Cal Sailing Club from the parking lot. Other Waterfront parking lots like the H&I, J&K, N, and O dock lots are also in need of replacement. However, the West Lot is more project- ready and the loose gravel from this lot is a current problem. $936K from the state funds will be matched with $200K from the Marina fund to complete this project.

5. Environmental Review and Design of Pier- Ferry Project The next step for the Pier-Ferry Project involves two phases – the environmental review phase (CEQA and NEPA) and the final design and permitting phase, at a total cost of $10 million. In 2022, the City submitted a grant proposal to the Alameda County Transportation Commission (ACTC) requesting $5 million in grant funds and providing $5 million in local City match (comprised of $2.2 million in existing staff cost and $2.8 million in cash). If the ACTC grant is not awarded, the allocation of $2.961M from the state funds will cover the first phase – environmental review (CEQA, NEPA), which includes preliminary design.

Four out of the five projects described above have already commenced. The fifth project, Cesar Chavez Pathways, is primarily a renovation of existing features that can proceed once the City completes a standard Categorical Exemption CEQA document.

The Timber Piling Replacement Project at the Berkeley Marina was also considered for this state fund allocation because the CEQA has been completed and the project is currently bidding. It has a total budget of $3.0M comprised of $1.5M General Fund, $1.2M T1 Phase 2, and $300K in Marina Funds for construction. This project also meets the key criteria that it can be completed and reimbursed by the February 2026 deadline. This project can be a

FY2022 State Budget Allocation of $15 Million for improvement projects CONSENT CALENDAR at the Berkeley Waterfront December 13, 2022

backup to the five projects described above, but we will not know if the project has a shortfall until bids are received.

BACKGROUND
In the past 15 years, Council has funded over $40.2 million in important improvement projects at the Berkeley Waterfront.3
In the past five years, numerous improvement projects have been completed at the Berkeley Waterfront: Finger Dock replacements (3 phases), Berther Restroom renovations (4), the South Cove East Parking Lot and Restroom, the South Cove Bay Trail Segment 3, the South Cove ADA accessible gangway ramp, the South Cove sailing dock replacements (East and West docks), and the Pier-Ferry conceptual plan. These projects, along with the nine projects currently funded and underway (see below) will significantly reduce the unfunded infrastructure need and help to rejuvenate the Waterfront:

Current Construction Projects (Phase / Allocated Funding / Funding Source)  The Marina Streets Project – Close-out phase / $8.5M (T1 phase 1, Marina Fund, and State Transportation Tax and Measures B and BB).
 The O and K Dock Electrical System Renovation – Currently in Construction Phase / $1.56M (CIP-General Fund, Marina Fund)
 The Finger Dock Replacement, Phase 4 – Currently under Construction / $550k (Marina Fund).
 The Timber Piling Replacement Project – Currently in 90% design / $2.4M (T1 phase 2, CIP-General Fund, and Marina Fund).
 The K Dock Restroom Renovation – Currently in Pre-Design / $400k (T1 phase 2).  The Cesar Chavez Park Restroom – Currently in Pre-Design / $350k (T1 Phase 2).

Current Planning Projects
 The Dredging of the Marina Main Channel (Design, Permitting, and CEQA Phase) / $300k (General Fund).
 The Dredging of the South Sailing Basin (Conceptual Phase) / $350k (CIP-General Fund).
 The Waterfront Specific Plan / $1.05M (CIP-General Fund).  The South Cove West Parking Lot (Design Phase) / $80k (Marina Fund).

With this new $15 million in state funds plus the $40 million previously funded by Council since 2008, the list of unfunded capital improvement projects needed at the Berkeley Waterfront has been reduced by over $50 million.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The five infrastructure improvement projects at the Berkeley Waterfront identified in this report will help the City to further advance the City’s Strategic Plan Goal 1 – to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities. Four of the five projects involved renovations of existing facilities, and therefore do not have significant 3 See Off Agenda Memo to Council on February 16, 2022: https://berkeleyca.gov/sites/default/files/2022- 04/Waterfront%20CIP%20Projects%20021622.pdf

FY2022 State Budget Allocation of $15 Million for improvement projects CONSENT CALENDAR at the Berkeley Waterfront December 13, 2022

environmental impacts, and the fifth project is itself an environmental review project. The construction contracts for the four improvement projects contain requirements to comply with the City’s Environmentally Preferable Purchasing Policy as well as the City’s Construction and Demolition Waste program to divert at least 50% of construction waste from landfills towards re-use and recycling programs.

RATIONALE FOR RECOMMENDATION
The projects identified in this report are the furthest along in terms of project readiness, and therefore will allow the City to complete these much-needed projects and the reimbursement process by the February 2026 deadline of the funding program.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, Parks Recreation Waterfront, (510) 981-6700 Attachments:
1: Resolution

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

GRANT CONTRACTS WITH THE STATE COASTAL CONSERVANCY (SCC) TO RECEIVE THE FY2022 STATE BUDGET ALLOCATION OF $15 MILLION FOR IMPROVEMENT

PROJECTS AT THE BERKELEY WATERFRONT
WHEREAS, i n FY2022, th e State of Californ ia all ocated a one-time distributi on of state surplus funds to cities and counties throughout California; and WHEREAS, Berkeley received a one-time FY20 22 state budget allocation of $15 million for Berkeley Waterfront improvement projects; and
WHEREAS, the State Coastal Conservancy (SCC) will administer these funds via their grants and contracts program. SCC requires that Berkeley submit a grant application package for each proposed project comprised of a scope of work, a cost estimate, conceptual plans, environmental review documents (CEQA), and other project-related items (e.g., photos, etc.); and
WHEREAS, this funding program will terminate in February of 2026. As a result, all work to be funded by this program must be completed, fully invoiced to the SCC, and fully reimbursed by February 2026; and
WHEREAS, staff has identified five projects currently underway that are the furthest along that can be completed by the state funding deadline of February 2026 as follows: 1. Dredging of the Marina Main Channel; 2. Replacement of D and E Dock system; 3. Improvements to Cesar Chavez Park Pathways; 4. Improvements to the South Cove West Parking Lot; and 5.

Environmental Review and Design of the Pier-Ferry Project.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the selection of the five projects described above to be funded by the State FY2022 one-time budget allocation of $15,000,000 to Berkeley is hereby approved; and that the City Manager or their designee is authorized to execute all grant submittal packages, grant contracts and amendments, grant reimbursement submittals, and all other grant project-related documents with the State Coastal Conservancy (SCC) in order to complete these projects.

A record signature copy of contracts and any amendments will be on file in the Office of the City Clerk.

Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]

CONSENT CALENDAR
December 13, 2022
To: Members of the City Council
From: Mayor Jesse Arreguín
Subject: City Council Committee and Regional Body Appointments

RECOMMENDATION
Adopt a Resolution approving the appointment of Council representatives to City Council Standing Policy Committees, Partnership Committees, Regional Bodies and Liaisons to City Boards and Commissions for a term ending on January 31, 2024 or until new appointments are made.

BACKGROUND
There are a number of City Council appointments to various Partnership Committees, Regional Bodies and Liaisons to City Boards and Commissions. Every two years after the General Municipal Election, the Mayor makes recommendations on new Council representatives to these committees.

The Berkeley City Council Rules of Procedure and Order also require the Mayor to recommend and the full Council approve appointments to Standing Council Policy Committees by January 31st of each year.

FINANCIAL IMPLICATIONS
None

ENVIRONMENTAL SUSTAINABILITY
No identifiable environmental effects from taking this action

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Attachments:
1: Resolution

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

APPROVING APPOINTMENTS TO STANDING CITY COUNCIL POLICY

COMMITTEES, PARTNERSHIP COMMITTEES, LIASIONS TO BOARDS AND

COMMISSIONS AND REGIONAL BODIES
WHEREAS, the City Council has numerous appointments to various Partnership Committees, Regional Bodies and Liaisons to City Boards and Commissions, and makes new appointments every two years following the General Municipal Election; and WHEREAS, the Berkeley City Council Rules of Procedure and Order also require the Mayor to recommend and the full Council approve appointments to Standing Council Policy Committees by January 31st of each year.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it officially makes the following appointments for the period ending January 31, 2024 or until new appointments are approved:

City Council Standing Policy Committees:

Agenda & Rules Committee
Appoint Mayor Arreguín, Councilmember Hahn and Councilmember Wengraf Appoint Vice-Mayor Bartlett as Alternate
Budget & Finance Committee
Appoint Mayor Arreguín, Councilmember Kesarwani and Councilmember Harrison Appoint Councilmember Hahn as Alternate
Facilities, Infrastructure, Transportation, Environment & Sustainability Committee Appoint Councilmember Harrison, Councilmember Robinson and Councilmember Taplin
Appoint Councilmember Humbert as Alternate
Public Safety Committee
Appoint Councilmember Taplin, Councilmember Humbert and Councilmember Wengraf Appoint Councilmember Robinson as Alternate
Land Use, Housing & Economic Development Committee
Appoint Vice-Mayor Bartlett, Councilmember Humbert and Councilmember Robinson Appoint Councilmember Harrison as Alternate
Health, Life Enrichment, Equity & Community Committee
Appoint Vice-Mayor Bartlett, Councilmember Hahn and Councilmember Kesarwani Appoint Councilmember Taplin as Alternate

City Council Committee Appointments 2022 CONSENT CALENDAR December 13, 2022

Partnership Committees:
4x4 Joint Task Force Committee on Housing: Rent Board/City Council Appoint Mayor Arreguín, Councilmember Hahn, Councilmember Harrison, and Councilmember Robinson
3x3 Committee of the Berkeley City Council and the Berkeley Housing Authority Appoint Mayor Arreguin, Councilmember Harrison and Councilmember Kesarwani 2x2 Committee of the City Council and the Board of Education Appoint Councilmember Hahn and Councilmember Taplin
Appoint Mayor Arreguín as Alternate
Regional Committees:

Alameda County Transportation Commission
Appoint Councilmember Robinson
Appoint Councilmember Taplin as Alternate
Alameda County Waste Management Authority
Appoint Councilmember Wengraf
Appoint Councilmember Hahn as Alternate
Delegate to Association of Bay Area Governments General Assembly Appoint Councilmember Harrison
Appoint Mayor Arreguín as Alternate
Joint Powers Authority - East Bay Community Energy Authority Appoint Vice-Mayor Bartlett
Appoint Councilmember Taplin as Alternate
Joint Powers Agreement - East Bay Regional Sports Fields Appoint Councilmember Kesarwani
Joint Powers Authority - Lead Abatement
Appoint Councilmember Wengraf
Appoint Councilmember Kesarwani as Alternate
League of California Cities - East Bay Division
Appoint Councilmember Taplin
Appoint Councilmember Humbert as Alternate

City Council Committee Appointments 2022 CONSENT CALENDAR December 13, 2022

Oakland Airport Noise Forum
Appoint Councilmember Hahn
Council Liaisons to City Boards and Commissions:

Board of Library Trustees
Appoint Councilmember Hahn
Community Health Commission
Appoint Councilmember Kesarwani
Mental Health Commission
Appoint Councilmember Harrison

Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]

CONSENT CALENDAR
December 13, 2022
To: Members of the City Council
From: Mayor Jesse Arreguín
Subject: Appointment of the Vice-President of the Council

RECOMMENDATION
Adopt a Resolution appointing Councilmember Ben Bartlett to be the Vice-President of the Council for a term beginning December 14, 2022 to December 5, 2023 and Councilmember Susan Wengraf to be the Vice President of the Council for a term beginning December 6, 2023 to December 1, 2024 or until new appointments are made.

FINANCIAL IMPLICATIONS
None

BACKGROUND
The Vice-President of the Council, as defined in the City Charter, presides over the Council meetings when the Mayor is absent. During the temporary absence or disability of the Mayor, the Vice-President of the Council shall act as Mayor pro tempore. Over the years, the City Council has selected the Vice-President of the Council in a number of ways. From 2008 to 2016, the Council appointed one of its members as Vice- President of the Council for a term of one-year.

On December 8, 2016, by adoption of Resolution No. 67,768-N.S., the Council changed the term of Vice-President to a 3-month rotation cycle, allowing each member of the Council to serve as Vice Mayor for a period of three months.

While this rotation schedule gave every Councilmember the opportunity to serve and facilitate Council meetings in the Mayor’s absence, a one-year appointment will ensure continuity of government and give the Vice-President of the Council more experience in conducting meetings and acting as the Mayor Pro Tempore if needed.

On December 4, 2018, the Council adopted a resolution changing the term of Vice- President of the Council from a rotating term of 3 months, to a fixed one-year term. The resolution requires that the Council elect a Vice-President of the Council at the first Council meeting each December. It also permits the Council at that time to appoint an individual for two consecutive years, or to appoint two different Councilmembers as Vice-President of the Council over a two-year period

The Mayor is nominating Councilmember Ben Bartlett to serve as Vice-President of the Council for a term beginning December 7, 2022 to December 5, 2023 and Councilmember Susan Wengraf to serve as Vice-President of the Council for a term beginning December 6, 2023 to December 1, 2024 or until new appointments are made.

CONTACT PERSON
Mayor Jesse Arreguin 510-981-7100
Attachments:
1: Resolution

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

APPOINTING A VICE-PRESIDENT OF THE CITY COUNCIL
WHEREAS, Article VIII, Section 39 of the City Charter states that the Council shall elect one of its members to be the Vice-President of the Council; and WHEREAS, the City Charter and City Council Rules of Procedure and Order state that when the Mayor is absent, the Vice-President of the Council shall preside over all meetings; and
WHEREAS, Article VI, Section 22 of the City Charter states that “During the temporary absence or disability of the Mayor, the Vice-President of the Council shall act as Mayor pro tempore”; and
WHEREAS, to ensure proper continuity of government the Council must appoint one of its members to serve as Vice-President of the Council; and WHEREAS, the Council voted to change the term of the Vice-President of the Council to a one-year term appointed at the first Council meeting in December, beginning December 4, 2018. The resolution also allows the Council to appoint an individual for two consecutive years, or to appoint two different Councilmembers as Vice-President of the Council over a two-year period.

NOW THEREFORE, BE IT RESOLVED by Council of the City of Berkeley that it hereby appoints Councilmember Ben Bartlett to serve as Vice-President of the Council for a term beginning December 14, 2022 to December 5, 2023 and appoints Councilmember Susan Wengraf to serve as Vice-President of the Council for a term beginning December 6, 2023 to December 1, 2024 or until new appointments are made.

Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]

CONSENT CALENDAR
December 13, 2022
To: Members of the City Council
From: Mayor Jesse Arreguín
Subject: Seating Arrangements for Councilmembers during City Council Meetings

RECOMMENDATION
Adopt a Resolution rescinding Resolution No. 70,202–N.S and changing the seating placement of City Councilmembers on the dias to accommodate the newly-elected councilmember and newly appointed Vice-Mayor, as follows (From left to right, facing the dais): Humbert, Kesarwani, Harrison, Bartlett, Arreguin, Wengraf, Hahn, Robinson, Taplin.

BACKGROUND
The Mayor makes recommendations on the seating arrangement of the Berkeley City Councilmembers. On January 25, 2022, the City Council approved Resolution No. 70,202–N.S that changed the order of the dais to accommodate the newly appointed Vice-Mayor. Mayor Arreguín is recommending a change to the current seating arrangement to accommodate the newly elected Councilmember from District 8 and the Vice-Mayor. The new seating arrangement will be as follows (from left to right, facing the dais): Humbert, Kesarwani, Harrison, Bartlett, Arreguin, Wengraf, Hahn, Robinson, Taplin.

City Council meetings are now being conducted in a hybrid format beginning on December 6, 2022, and the City will be fully subject to the provisions of the Brown Act regarding the conduct of meetings at the expiration of the state declared emergency in late February 2023. This Resolution will be in place until December 31, 2024 or when a new Resolution supersedes this.

FINANCIAL IMPLICATIONS
None

ENVIRONMENTAL SUSTAINABILITY
No identifiable environmental effects from taking this action

CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Attachments: 1: Resolution

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

CITY COUNCIL SEATING ARRANGEMENT ON THE DAIS
WHEREAS, the Mayor makes recommendations on the seating arrangement of the Berkeley City Councilmembers; and
WHEREAS, in 2022, the City Council adopted Resolution No. 70,202–N.S. which changed the seating arrangement to accommodate the newly appointed Vice-Mayor; and WHEREAS, Mayor Arreguín is recommending a change to the current seating arrangement to accommodate the newly-elected councilmember and newly appointed Vice-Mayor (from left to right, facing the dais) as follows: Humbert, Kesarwani, Harrison, Bartlett, Arreguin, Wengraf, Hahn, Robinson, Taplin.

NOW THEREFORE, BE IT RESOLVED that Resolution No. 70,202–N.S. is hereby rescinded; and
BE IT FURTHER RESOLVED that the Berkeley City Council does hereby set the seating order on the dais for City Council Meetings as follows (from left to right, facing the dais):

Humbert, Kesarwani, Harrison, Bartlett, Arreguin, Wengraf, Hahn, Robinson, Taplin; and BE IT FURTHER AND FINALLY RESOLVED that this Resolution will be in place until December 31, 2024 or when a new Resolution supersedes this.

Communications

All communications submitted to the City Council are
public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

City Clerk Department
2180 Milvia Street
Berkeley, CA 94704
(510) 981-6900

Records Online
https://records.cityofberkeley.info/

To search for communications associated with a particular City Council meeting using Records Online:

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