Berkeley City Council
May 23, 2023

Tuesday, May 23, 2023 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, May 23, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

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
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 encouraged. If you are feeling sick, please do not attend the meeting in person.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iP ad, iPhone, or Android device: Please use this UR L: https://cityofberkeley- info.zoomgov.com/j/1604260018. 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: Di al 1-669-254-5252 or 1 -833-568-8864 (Toll Free) and enter Meeting ID: 160 426 0018 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 and applicable Executive Orders as issued by the Governor that are curren tly in effect. 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, May 23, 2023 AGENDA Page 2

Preliminary Matters
Roll Call:

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000 -year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

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

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

Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. Persons attending the meeting in-person and wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar 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 item s, 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.

Tuesday, May 23, 2023 AGENDA Page 3
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. Adding BMC Chapter 13.107, Helping Achieve Responsible Development with Healthcare and Apprenticeship Training Standards (HARD HATS) Ordinance From: Mayor Arreguin (Author)
Recommendation: Adopt a second reading of Ordinance No. 7,861-N.S. adding Chapter 13.107 to the Berkeley Municipal Code establishing healthcare and apprenticeship standards for private development.

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

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

2. Amendment: FY 2023 Annual Appropriations Ordinance
From: Sharon Friedrichsen, Budget Manager
Recommendation: Adopt second reading of Ordinance No. 7,862-N.S. amending the FY 2023 Annual Appropriations Ordinance No. 7,851–N.S. for fiscal year 2023 based upon recommended re-appropriation of committed FY 2022 funding and other adjustments in the amount of $27,940,780 (gross) and $29,658,924 (net).

First Reading Vote: All Ayes
Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

Consent Calendar
Tuesday, May 23, 2023 AGENDA Page 4

3. Resolution of Intention to Amend the Miscellaneous CalPERS Contract to Effectuate PEPRA Cost Sharing Agreements
From: Aram Kouyoumdjian, Human Resources
Recommendation: Adopt second reading of Ordinance No. 7,863-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 Employees International Union, Local 1021 Maintenance and Clerical (SEIU MC), SEIU Local 1021 Community Services & Part-Time Recreation Leaders Association (CSU/PTRLA), Public Employees Union Local 1 (Local 1), and the Unrepresented Employees group.

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

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

4. Appointment of Emergency Standby Officers for City Council District 8 and District 2
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of newly nominated standby officers for City Council District 8 and City Council District 2 to serve in the event the elected official is unavailable during an emergency, and rescinding Resolution No. 70,073-N.S.

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

5. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of April 11 (regular), April 13 (closed), April 17 (closed) and April 25 (special and regular).

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

6. Police Accountability Board – Appointment of New Members From: City Manager
Recommendation: Adopt a Resolution appointing new members to the Police Accountability Board nominated by Councilmember Humbert and Councilmember Hahn.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900

Consent Calendar
Tuesday, May 23, 2023 AGENDA Page 5

7. Assessments: Telegraph Property Based Business Improvement District From: City Manager
Recommendation: Adopt a Resolution approving the Telegraph Property Based Business Improvement District (TBID) Annual Report of Fiscal Year (FY) 2023 and proposed budget for FY 2024, and declaring Council’s intention to levy an annual assessment for the TBID for FY 2024.

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

8. Assessments: Berkeley Tourism Business Improvement District From: City Manager
Recommendation: Adopt a Resolution approving the Annual Planning Report and preliminary budget for Fiscal Year 2024 (FY24) for the Berkeley Tourism Business Improvement District (BTBID) as recommended by the BTBID Owners’ Association.

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

9. Assessments: North Shattuck Property Based Business Improvement District From: City Manager
Recommendation: Adopt a Resolution approving the North Shattuck Property Based Business Improvement District (NSBID) Annual Report of Fiscal Year (FY) 2023 and proposed budget for FY 2024, and declaring Council’s intention to levy an annual assessment for the NSBID for FY 2024.

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

10. Assessments: Downtown Berkeley Property Based Business Improvement District
From: City Manager
Recommendation: Adopt a Resolution approving the Downtown Berkeley Property Based Business Improvement District (DPBID) Annual Report of Fiscal Year (FY) 2023 and proposed budget for FY 2024, and declaring Council’s intention to levy an annual assessment for the DPBID for FY 2024.

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

Consent Calendar
Tuesday, May 23, 2023 AGENDA Page 6

11. Contracts: On-Call Fine Art Services Providers for the Public Art Collection From: City Manager
Recommendation: Adopt four Resolutions authorizing the City Manager to execute contracts and any amendments with the following companies for on-call fine art services for the City of Berkeley’s Public Art Collection, for contract periods of July 1, 2023 through June 30, 2026:

1. Atthowe Fine Art Services, for an amount not to exceed $200,000.

2. Kala Art Institute, for an amount not to exceed $100,000.

3. Preservation Arts LLC, for an amount not to exceed $200,000.

4. ShipArt International (DBA UOVO), for an amount not to exceed $100,000.

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

12. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on May 23, 2023
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 - $1,907,987
Contact: Henry Oyekanmi, Finance, (510) 981-7300

13. Contract No. 32000164 Amendment: Synthesis Group, Inc. dba Minuteman Press Contract for Citywide Copying & Printing Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend and extend the City’s contract with Minuteman Press, Contract No. 32000164, through January 31, 2025, and to approve additional appropriations related for performance of this contract. Original contract term was for three (3) years, with two (2) renewal years. The City is exercising the contractual renewal years.

Financial Implications: $975,000.

Contact: Henry Oyekanmi, Finance, (510) 981-7300

14. Contract: Stella Courier, LLC. for Mail Services and Mail Room Coverage From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Stella Courier, LLC., for providing mail services to the City’s satellite locations, and as-needed mail room coverage.

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

Consent Calendar
Tuesday, May 23, 2023 AGENDA Page 7

15. Notice of Appropriations Limit for Fiscal Year 2024 From: City Manager
Recommendation: Adopt a Resolution providing notice that: 1) Council will adopt an appropriations limit for Fiscal Year 2024 at its meeting of June 27, 2023; and 2) the amount of the limit and the background material used in its calculation will be available for public review in the City Clerk’s Office on or before June 9, 2023.

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

16. Contract No. 9367 Amendment: Banking Services with Wells Fargo Bank From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to continue the work of de-bundling the banking services with Wells Fargo and exercise a four (4)- year extension through May 31, 2027 for Contract No. 9367, in the amount of $3,000,000, to ensure business continuity as the City completes the next phase of the ERP implementation which includes accounts receivable/general billing (AR/GB) modules. This will also allow adequate time to continue pursuing the effort to determine alternative banking and related services solutions.

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

17. Piggyback Contract – Data Ticket for Administrative Citation Processing From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments which align with the City of Downey’s existing contract and any amendments, with Data Ticket to provide Administrative Citation Processing from May 1, 2023 until September 21, 2025 in an amount not to exceed $100,000 with an option to extend for an additional three (3), one (1) year terms in alignment with the City of Downey contract for a total contract value not to exceed $300,000 (May 2023 through September 2028).

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473, Peter Radu, City Manager's Office, (510) 981-7000

Consent Calendar
Tuesday, May 23, 2023 AGENDA Page 8

18. Revenue Grant Agreements: Funding Support from the State of California and Alameda County to Conduct Public Health Services
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager or her designee to submit grant agreements to the State of California and Alameda County, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services and to support the City's public health infrastructure:

1. Tuberculosis Control Program, in the projected amount of $14,000 for Fiscal Year (FY) 2024 from the State of California.

2. Public Health Infrastructure Program, in the projected amount of $32,080 for FY 2024 from Alameda County.

Financial Implications: See report.

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

19. Contract: JSI Research and Training Institute, Inc. for California Home Visiting Program Planning Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract, and any amendments or extensions, with JSI Research and Training Institute, Inc. (JSI) for California Home Visiting Program Planning Consulting Services. The contract will be in an amount not to exceed $200,000 for the period July 1, 2023 through January 31, 2024.

Financial Implications: See report.

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

20. Contract No: 32300104 Amendment: Village of Love to Operate the Telegraph Neighborhood Sacred Rest Drop-In Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, or her designee to execute an amendment to Contract No. 32300104 with Village of Love to add $250,000 for a total contract amount not to exceed $500,000 for services and operations at the Telegraph Neighborhood Sacred Rest Drop-In Center, and extend the contract term through May 31, 2024.

Financial Implications: See report.

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

21. Contract No. 32300144 Amendment: Resource Development Associates for Specialized Care Unit Evaluation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32300144 with Resource Development Associates (RDA) to add $85,000 for a not-to-exceed amount of $235,000.

Financial Implications: See report.

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

Consent Calendar
Tuesday, May 23, 2023 AGENDA Page 9

22. Contract: Accela, Inc. for Software Maintenance
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a maintenance Contract with Accela, Inc., for software maintenance for a total not to exceed $299,710 July 1, 2023 to June 30, 2025.

Financial Implications: Various Funds - $299,710
Contact: Kevin Fong, Information Technology, (510) 981-6500

23. Contract: Delta Charter – Bus Transportation Services for Echo Lake Camp and Select Recreation Division Summer Programs
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Delta Charter to provide bus transportation services for Echo Lake Youth Camp and select Recreation Division summer programs for a not-to-exceed total amount of $399,000 over a three-year period, beginning June 1, 2023 and ending June 1, 2026, contingent upon annual budget appropriations.

Financial Implications: Various Funds - $399,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

24. Contract: Baldoni Construction Services, Inc. for Echo Lake Camp Accessibility Upgrades
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the Echo Lake Camp Accessibility Upgrades project, Specification No. 23-11590-C; and 2. Accepting the bid of the lowest responsive and responsible bidder, Baldoni Construction Service, Inc.; and 3. 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, with Baldoni Construction Service, Inc., for the Echo Lake Camp Accessibility Upgrades project at 7 Echo Lakes Road, Echo Lake, CA 95721, in an amount not to exceed $436,954, which includes a contract amount of $364,128 and a 20% contingency in the amount of $72,826.

Financial Implications: Various Funds - $436,954
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

25. Referral Response: Security Assessment of the 1700 and 1600 Blocks of San Pablo Avenue
From: City Manager
Recommendation: Close the original referral as the recommendations were completed by staff. The assessment did not indicate a need for further security improvements to the Berkeley Inn or immediate area at this time.

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

Consent Calendar
Tuesday, May 23, 2023 AGENDA Page 10

26. Audit Status Reports: Fleet Replacement Fund Short Millions & Rocky Road:

Berkeley Streets At Risk and Significantly Underfunded (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee) From: City Manager
Recommendation: See Policy Committee Recommendation
Policy Committee Recommendation: Send the item to City Council with a positive recommendation that Council:

1. Refer to the City Manager to establish a policy that the Public Works Department will be responsible for reviewing, submitting, and approving all departmental requests to Council for adding new vehicles to the fleet to facilitate maximum cost recovery through the vehicle replacement fund, consistency with fleet rightsizing studies, oversight, and timely electrification of the fleet.

2. Refer to the Budget and Finance Committee to prioritize funding to the vehicle replacement fund to make up the shortfall over time in order to stabilize the fund.

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

27. Contract No. 10986 Amendment: Zero Waste Collaborative for the Solid Waste & Recycling Transfer Station Rebuild Feasibility Study
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 10986 with Zero Waste Collaborative (ZWC) for the Solid Waste Transfer Station and Material Recovery Facility Replacement Feasibility Study (Study), to increase the contract by $100,000 for a total not-to-exceed amount of $600,000, and extend the current contract term through June 30, 2025.

Financial Implications: See report.

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

28. Purchase Order: 72 Hour, LLC, dba National Auto Fleet Group for Upfitting of Crime Scene Unit Cargo Van
From: City Manager
Recommendation: Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City Manager to participate in Sourcewell bid procedures and authorize the City Manager to execute a purchase order for upfitting the Transit 350 Low Roof XL Cargo van with 72 Hour LLC, dba National Auto Fleet Group, in an amount not to exceed $164,000.

Financial Implications: See report.

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

29. Development of Artists Affordable Housing Certification Program From: Civic Arts Commission
Recommendation: Refer to the City Manager the further development of an Artists Affordable Housing Certification Program based upon the program guidelines developed and approved by the Civic Arts Commission in May 2022.

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

Consent Calendar
Tuesday, May 23, 2023 AGENDA Page 11

30. Recommendation on Climate, Building Electrification, and Sustainable Transportation Budget Priorities for Fiscal Year 2023 and 2024 (Reviewed by the Budget & Finance Committee)
From: Energy Commission
Recommendation: The Energy Commission recommends that the Berkeley City Council prioritize and include in the City’s budget for the Fiscal Years Ending (FYE) 2023 and 2024 several staff positions, pilot projects, investments in electric vehicles and charging infrastructure, and other measures to ensure that the City’s budget is aligned with and provides adequate and needed funding to implement the City’s adopted Climate Action Plan, Electric Mobility Roadmap, Building Emissions Saving Ordinance, 2019 ban on gas in new construction, and the Existing Buildings Electrification Strategy.

Policy Committee Recommendation: No action was taken by the Budget & Finance Committee. Item is automatically returning to the Council agenda pursuant to the 120-day time limit for items referred to policy committees.

Financial Implications: See report
Contact: Billi Romain, Commission Secretary, (510) 981-7400

31. Contract: AppleOne Employment Services for Temporary Staffing Services ***Removed from the agenda by the Director of Police Accountability*** From: Director of Police Accountability
Hansel Aguilar, Police Accountability Board, (510) 981-4960

Council Consent Items

32. Resolution to Support SB 532
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution in support of Senate Bill 532, introduced by Senator Scott Weiner and coauthored by Assembly Member Phil Ting, and send a copy of the Resolution to Governor Gavin Newsom, State Senators Nancy Skinner and Scott Weiner, and Assembly Members Buffy Wicks and Phil Ting.

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

33. Addressing Hyundai and Kia Car Thefts
From: Mayor Arreguin (Author)
Recommendation:

1. Adopt a Resolution calling on Hyundai and Kia to take immediate action to fix the flaw in their vehicles that make them easy targets of car thefts.

2. Direct the City Attorney to explore taking legal action against Hyundai and Kia.

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

Council Consent Items

Tuesday, May 23, 2023 AGENDA Page 12

34. Contract: Badawi & Associates, Certified Public Accountants for Professional Auditing Services
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution ratifying the Mayor’s decision to select Badawi & Associates as the auditing firm to perform annual financial audits of the City’s financial statements and perform annual compliance audits required by the Single Audit Act of 1984 (as amended in 1996), for the period of May 22, 2023 through June 30, 2026, in the amount of $432,525 plus a contingency of $50,000 for a total of $482,525; and to authorize the execution of a three-year contract with Badawi & Associates, with an option to extend the contract for two additional years.

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

35. Budget Referral: Vision Zero Improvements at 6th & Addison Intersection From: Councilmember Taplin (Author)
Recommendation: Refer $600,000 to the budget process for HAWK (High-intensity Activated crossWalk) beacons and a median refuge island at 6th and Addison Streets.

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

36. Relinquishment of Council Office Budget Funds to the Berkeley Rotary Endowment and Co-Sponsorship of 2023 Taste of Downtown Berkeley Event Serving a Municipal Public Purpose
From: Councilmember Harrison (Author)
Recommendation: Adopt a resolution approving the expenditure to grant Berkeley Rotary Endowment, a 501(c)(3) non-profit organization, $500 for and co-sponsorship of the 2023 Taste of Downtown Berkeley Event Serving a Municipal Public Purpose, with funds relinquished to the City’s general fund for this purpose from Councilmember Harrison’s discretionary Council Office Budget Fund, and from any other Councilmembers who would like to contribute.

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

Council Consent Items

Tuesday, May 23, 2023 AGENDA Page 13

37. FY 24 Budget Referral: Study to support Housing Element commitment to increase housing and enhance economic vitality on all commercial corridors, with particular attention to the higher-resourced commercial avenues identified in Program 27 of the Housing (Reviewed by the Land Use, Housing, & Economic Development Committee)
From: Councilmember Hahn (Author), Councilmember Harrison (Co-Sponsor), Councilmember Taplin (Co-Sponsor)
Recommendation: Refer $250,000 to the FY 2024 budget process to study and develop options for all commercial corridors, with particular attention to the higher- resourced commercial avenues identified in Program 27 of the Housing Element, Solano Avenue, North Shattuck, and College Avenue, including but not limited to changes to zoning, incentives/programs/financing mechanisms, and objective design standards to:

1. Increase housing opportunities for people of all incomes, with an emphasis on housing affordable to households at or below 120% of Area Median Income (AMI);

2. Provide preferences to households previously excluded from residential areas served by these commercial corridors via discriminatory deed restrictions and/or discriminatory lending practices;

3. Provide housing with amenities for seniors, households with children, individuals with disabilities, artists, and other populations with specialized housing needs;

4. Ensure recommendations for zoning and design standards consider unique characteristics of each commercial area, including lot sizes and depths, availability of rear-access to parcels, abutting/neighboring residential zoning standards, and any other unique characteristics of each commercial district and its surroundings;

5. Enhance the viability and avoid displacement of locally-owned and neighborhood- serving commercial uses both during construction and over the long term, including but not limited to studying potential temporary relocation of businesses during construction, ”right to return” for existing establishments, appropriately-sized commercial spaces for locally owned businesses, and the potential for new commercial spaces to be offered at lower rents as a community benefit. Examples of neighborhood serving commercial uses may change as retail trends develop, but could include: grocery/food stores, banks, dry cleaning and shoe repair, hardware stores, wellness and hair salons, restaurants and cafes, fitness centers, and clothing and gift shops.

6. More generally, study potential ground floor uses to support locally-owned commerce, housing, and other potential uses, so long as they do not break necessary continuity of retail.

Policy Committee Recommendation: to forward the item to Council with a positive recommendation that the City Council approve the item with the Author’s updated subject line and recommendations as follows:

SUBJECT LINE
FY24 Budget Referral: Study to support Housing Element commitment to increase housing and enhance economic vitality on all commercial corridors, with particular attention to the higher-resourced commercial avenues identified in Program 27 of the Housing Element, Solano Avenue, North Shattuck, and College Avenue.

Council Consent Items

Tuesday, May 23, 2023 AGENDA Page 14

RECOMMENDATION
Refer $250,000 to the June 2024 budget process to study and develop options for all commercial corridors, with particular attention to the higher-resourced commercial avenues identified in Program 27 of the Housing Element, Solano Avenue, North Shattuck, and College Avenue, including but not limited to changes to zoning, incentives/programs/financing mechanisms, and objective design standards, to:

1. Increase housing opportunities for people of all incomes, with an emphasis on housing affordable to households at or below 120% of Area Median Income (AMI);

2. Provide preferences to households previously excluded from residential areas served by these commercial corridors via discriminatory deed restrictions and/or discriminatory lending practices;

3. Provide housing with amenities for seniors, households with children, individuals with disabilities, artists, and other populations with specialized housing needs;

4. Ensure recommendations for zoning and design standards consider unique characteristics of each commercial area, including lot sizes and depths, availability of rear-access to parcels, abutting/neighboring residential zoning standards, and any other unique characteristics of each commercial district and its surroundings;

5. Enhance the viability of locally-owned and neighborhood-serving commercial uses both during construction and over the long term, including potential reduced rents/right to return for existing establishments, appropriately-sized and accessible commercial spaces, and rent-controlled commercial spaces as a potential community benefit. Examples of such neighborhood serving commercial uses may change as retail trends develop, but could include: grocery/food stores, banks, dry cleaning and shoe repair, hardware stores, wellness and hair salons, restaurants and cafes, fitness centers, clothing and gift shops.

6. More generally, study potential ground floor uses to support locally-owned commerce, housing, and other potential uses, so long as they do not break necessary continuity of retail.

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

38. Support for H.R.603 - HEAL Act
From: Councilmember Wengraf (Author), Mayor Arreguin (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution in support of H.R.603 (Gottheimer) - Holocaust Education and Antisemitism Lessons Act or the HEAL Act and send it to the author, Rep. Josh Gottheimer, with copies to Rep. Kathy Manning, Rep. Barbara Lee and Senator Dianne Feinstein.

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

Council Consent Items

Tuesday, May 23, 2023 AGENDA Page 15

39. Relinquishment of Council Office Budget Funds to the General Fund and Grant of Such Funds for Pacific Center for Human Growth Fiftieth Anniversary Gala From: Councilmember Robinson (Author), Mayor Arreguin (Co-Sponsor), Councilmember Taplin (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember, including $1,000 from Councilmember Robinson, $500 from Mayor Arreguin, and $500 from Councilmember Taplin, to Pacific Center for Human Growth in recognition of its fiftieth anniversary celebration on June 3, 2023.

Financial Implications: See report
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 t ime the matter is taken up during the Action Calendar.

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

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

Action Calendar – Scheduled Public Comment Period
During this public comment period, the Presiding Officer will open and close a comment period for each Action item on this agenda (excluding any public hearings, appeals, and/or quasi-judicial matters). The public may speak on each item. Those who speak on an item during this comment period may not speak a second time when the item is taken up by Council.

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

Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker.

Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may with the consent of persons representing both sides of an issue allocate a block of time to each side to present their issue.

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

Action Calendar – Public Hearings
Tuesday, May 23, 2023 AGENDA Page 16

40. ZAB Appeal: 469 Kentucky Avenue, Use Permit #ZP2022-0087 From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit # ZP2022-0087 to demolish a single-family dwelling and construct a three- story, 3,310 square foot single-family dwelling with a two-car garage, and dismiss the appeal.

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

41. Fee Increase: Condominium Conversion Program Application Fee From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution to increase the Condominium Conversion Program application fee by $30 to $310 per application, and the supplementary application fees for units currently rented by $40 to $420 per unit, and applications deferring the mitigation fee by $95 to $1,040 per unit.

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

42. Fee Increase: Condominium Conversion Program Subordination Fee From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution to increase the $364 Condominium Conversion Program subordination fee by $35 to $399.

Financial Implications: See report.

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

43. Fee Increase: Below Market Rate (BMR) Housing Monitoring Program From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution to increase the annual $432 per unit fee for the Below Market Rate (BMR) housing monitoring program by $18 to $450 per unit.

Financial Implications: See report.

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

44. Selected Marina Fee Increases
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving new fees and increasing current fees for select Marina fees; and rescinding Resolution No. 68,899-N.S. and all amendatory resolutions.

Financial Implications: See report.

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

Action Calendar – Public Hearings
Tuesday, May 23, 2023 AGENDA Page 17

45. Changes to Selected Parks and Recreation Fees
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt a Resolution approving new fees and increasing current fees for select parks and recreation facility rentals; and rescinding Resolution No. 70,667-N.S. and all amendatory resolutions.

Financial Implications: See report.

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

Action Calendar – New Business

46. Surveillance Ordinance items related to Fixed Surveillance Cameras and Unmanned Aerial Systems (UAS)
From: City Manager
Recommendation: Adopt a Resolution approving the Surveillance Ordinance items related to Fixed Surveillance Cameras and Unmanned Aerial Systems (UAS).

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

Council Action Items

47. Adopting a temporary exemption from the collection of taxes under BMC Chapter 9.04.136(D): Tax Rate for Non-Medical and Medical Cannabis Businesses
From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor) Recommendation:

1. Adopt a temporary exemption (per 9.04.136(D)) on the collection of the taxes for all non-medical and medical cannabis businesses, retroactive to January 2023 and ending July 2025; Waive any late penalties that may have accrued since January 2023; any and all tax payments already made to the City for Q1 2023 will apply as a credit against a future tax or fee payment to the City; and

2. Refer to the City Manager and Cannabis Commission and/or its successor, the Planning Commission, to analyze and develop an ordinance adjusting local cannabis business tax rates by February 2025 that are in balance with the state cannabis tax rates, with an eye to the ability for the cannabis industry to become a sustainable economic driver for the City of Berkeley.

3. Licensed cannabis businesses in Berkeley will pay the business license tax that applies to their respective area of the market during the moratorium, like retail, manufacturing, etc.

Financial Implications: Loss of tax revenue
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

Information Reports
Tuesday, May 23, 2023 AGENDA Page 18

48. Audit Recommendation Status – 911 Dispatchers: Understaffing Leads to Excessive Overtime and Low Morale
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900

49. Audit Recommendation Status - Data Analysis of the City of Berkeley’s Police Response
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900

50. Audit Recommendation Status - Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900

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 tha n 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]

Tuesday, May 23, 2023 AGENDA Page 19

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

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

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

Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on May 11, 2023.

Mark Numainville, City Clerk

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

Item #40: ZAB Appeal: 469 Kentucky Avenue, Use Permit #ZP2022-0087

1. Stephen Bedrick
Item 47: Adopting a temporary exemption from the collection of taxes under BMC Chapter 9.04.136(D): Tax Rate for Non-Medical and Medical Cannabis Businesses

2. High Fidelity Dispensary

Encampments

3. Craig Nagasawa

Asha Tea House Unhoused Individual

4. Diana Lui, on behalf of the Asha Tea House

5. Sergeant Kevin Kleppe, Berkeley Police Department

Tuesday, May 23, 2023 AGENDA Page 20

Willard Clubhouse

6. Kathryn Golden and Ashley James

7. Alexander Stec

8. Judith Bebbelaar

9. Mary Oram

10. Kinga Chomicz

11. Marcia Levenson

12. SabinaTuleja

13. Cal Collier

14. Randolph and Frances Starn

15. Greenfire Law

16. Paul Tuleja

17. Patrick Kehoe

18. Maria Kiernik

19. Russ Greene

20. Roger Abraham and Maureen Crosgrove

21. Deborah Roosevelt

22. David Kellogg

Crime in Berkeley

23. Sheila Press

24. Dee Williams-Ridley, City Manager

Berkeley Waterfront

25. Roberta Wyn, on behalf of Citizens for East Shore Parks

26. SusanSchwartz

27. Friends of Five Creeks

Golden Gate Fields

28. Miriam Maxwell

29. Tweed Conrad

30. Christopher Kroll

Reparations

31. Mike Chang

32. George Torgun (2)

Measure T1

33. Eric Friedman

Slavery

34. Don Wrafter

35. Joseph Cruickshank

Tuesday, May 23, 2023 AGENDA Page 21
Berkeley, a Smart City

36. Helen Gallegos Evans

AB 73: Idaho Stops for Bicyclists

37. Leni Siegel

City Hall Video

38. Tracy Eaves

Trash Bins

39. John Rice

Vision Zero Implementation

40. Steve Lipson

Racial Profiling

41. Elana Auerbach

Add Domestic Violence Back to Berkeley Police Department

42. Mee345@

Thank You from Kala

43. Ellen Lake, on behalf of the Kala Art Institute

Hopkins Corridor

44. Ben Gerhardstein

45. Marguerite Lee

Tenant Opportunity to Purchase Act (TOPA)

46. Merle Lustig

47. Holly Scheider

48. John Holme

U.A. Theater Demolition

49. Hal Erickson

ADU’s in Berkeley

50. Mark Gilligan

Environment Justice, Policy and Sustainability

51. Ken Noji

1307 Dwight Way

52. Kaufman Dolowich Voluch Law Firm

Tuesday, May 23, 2023 AGENDA Page 22
RPP Permit Renewal

53. Jack Kurzweil

Wildfire Preparedness Week

54. David Sprague, Fire Chief

URL’s Only

55. Susan Nunes Fadley

56. Vivian Warkentin

Ordinance No. 7,861-N.S. Page 1 of 10

ORDINANCE NO. 7,861-N.S.

ADDING CHAPTER 13.107 TO THE BERKELEY MUNICIPAL CODE ESTABLISHING

HEALTHCARE AND APPRENTICESHIP STANDARDS FOR PRIVATE

DEVELOPMENT
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Chapter 13.107 is hereby added to the Berkeley Municipal Code as follows:

ESTABLISHING HEALTHCARE AND APPRENTICESHIP STANDARDS FOR

PRIVATE DEVELOPMENT

13.107.010 Title

13.107.020 Purpose

13.107.030 Definitions

13.107.040 Apprenticeship Requirements

13.107.050 Required Health Care Expenditures

13.107.060 Required Applicant and Contractor Statements

13.107.070 Notice and Publishing

13.107.080 Retaliation Prohibited

13.107.090 Retention of Records

13.107.110 City Access

13.107.111 Implementation and Enforcement

13.107.112 City Undertaking Limited Promotion of General Welfare

13.107.113 No Preemption of Higher Standards

13.107.114 City Manager Regulations

13.107.115 Severability

13.107.010 Title.

This Ordinance shall be known as the Helping Achieve Responsible Development with Healthcare and Apprenticeship Training Standards (“HARD HATS”) Ordinance.

Ordinance No. 7,861-N.S. Page 2 of 10

13.107.020 Purpose.

The purpose of this Chapter is to address the shortage of qualified construction workers, rising labor costs, and to refine labor standards in the local construction industry. These measures are intended to improve the recruitment, training, and retention of skilled construction workers.

The requirements of this Chapter ensure that larger projects within the City are awarded to contractors that participate in high quality, industry-proven apprenticeship programs, and that apprentices working under such contracts are competently trained.

The requirements of this Chapter also enhance the good health of construction workers working in the City, thereby increasing the pool of labor available to complete current and future projects, including City public works projects for which the City contracts on a regular basis.

Together, the requirements of this Chapter will help promote the retention and growth of a skilled labor pool in the construction industry that can live as well as work in the City.

13.107.030 Definitions.
"Applicant" shall mean any individual, person, firm, partnership, association, joint venture, corporation, entity, combination of entities or authorized representative thereof, who undertakes, proposes and/or applies to the City for, a Covered Project. “Apprenticeable Craft or Trade” is defined in California Labor Code section 1777.5. “Contractor” shall mean contractors or subcontractors of any tier that have contracted to perform work on the Covered Project in excess of ½ of one percent of the total Cost of the Covered Project.
“Cost of the Covered Project” shall mean the amount determined by the Chief Building Official for purposes of setting the building permit fee in accordance with the most recent building valuation date specified in the building permit fees section of the resolution establishing fees and charges as adopted by the City Council. “Covered Project” shall mean a private development project within City limits consisting of construction, alteration, or demolition of 50,000 square feet or more of floor area which has not received its final permits, variances, approvals and/or other entitlements by the effective date of this Ordinance.
“Covered Construction Worker” shall mean any construction worker employed by the Contractor at any time over the duration of the Covered Project. “City” shall mean the City of Berkeley and any implementing department or official.

Ordinance No. 7,861-N.S. Page 3 of 10

“Health Care Expenditures” shall mean the amount calculated by multiplying the number of hours worked by a Covered Construction Worker on the Covered Project by the hourly Health Care Expenditure Rate.
“Health Care Expenditure Rate” shall mean the rate determined annually from the City of Berkeley Health and Dental Plan Monthly Premium Rates for the Kaiser HSA-Qualified Deductible HMO Plan, or a successor plan, for the applicable fiscal year. The Health Care Expenditure Rate shall be prorated on an hourly basis, and arrived at by dividing the total monthly premium for the Kaiser HSA-Qualified Deductible HMO Plan, or a successor plan, by one hundred and fifty (150), the typical number of hours worked in a month by a construction worker.
“Joint Labor-Management Apprenticeship Program” shall mean an apprenticeship program jointly managed and administered by both a union and contractor or contractor association, and (i) approved by the State of California’s Division of Apprenticeship Standards; (ii) registered with the U.S. Department of Labor; or (iii) registered with a State Apprenticeship Agency granted authority by the U.S. Department of Labor to register apprenticeship programs for federal purposes, pursuant to 29 CFR Part 29. “Project Labor Agreement” shall mean a pre-hire collective bargaining agreement with one or more labor organizations that establishes the terms and conditions of employment for a specific construction project.
“Repeat Offender” shall mean an Applicant, Contractor, or entity that has received three or more violations of this Chapter within the last 24 months.

13.107.040 Apprenticeship Requirements
a. During the duration of the Covered Project, each Contractor shall do at least one of the following:
i. participate in a Joint Labor-Management Apprenticeship Program; ii. participate in an apprenticeship program approved by the State of California Division of Apprenticeship Standards that has a graduation rate of 50% or higher and has graduated an average of at least thirty (30) apprentices annually for the five (5) years immediately preceding the start of construction date on the Covered Project. The Contractor will also maintain at least the ratio of apprentices required by California Labor Code section 1777.5 for the duration of the Covered Project. Any change in program participation must be immediately provided to the City; or iii. make hourly contributions on a monthly basis to the California Apprenticeship Council for every hour worked by any Covered Construction Worker in any Apprenticeable Craft or Trade on the Covered Project of at least the apprenticeship contribution rate for the classification of “plumber, pipefitter, steamfitter” in Alameda County.

Ordinance No. 7,861-N.S. Page 4 of 10

b. A Contractor without Covered Construction Worker employees shall comply with this Section by showing a contractual obligation that its subcontractors comply with this Section.
c. Contributions to an apprenticeship program or the California Apprenticeship Council shall not be credited towards compliance with BMC Chapter 13.99 (Minimum Wage). d. Applicant shall ensure that the Apprenticeship requirement in this Section is included in all construction contracts for the performance of the Covered Project.

13.107.050 Health Care Expenditures
a. Prequalification: In order to be prequalified, each Contractor will sign and submit to the City a statement stipulating to and providing documented proof that the Contractor and its subcontractors, have provided Health Care Expenditures to or on behalf of each Covered Construction Worker for the 180 consecutive day period prior to the submission of the prequalification documents (“Contractor Prequalification Questionnaire”). This requirement is in addition to the regular hourly wages paid to its employees.

In the case of a Contractor that has employed no Covered Construction Workers for the 180 consecutive day period prior to the submission of the prequalification documents, said Contractor shall show a contractual obligation that its subcontractors provide Health Care Expenditures to or on behalf of each Covered Construction Worker employee for the 180 consecutive day period.
b. Covered Project Duration: For purposes of the Covered Project, each Contractor shall make Health Care Expenditures to or on behalf of each Covered Construction Worker, in addition to their regular hourly wages, during periods of employment on the Covered Project (and sign a statement certifying that it will do so as part of the Contractor Prequalification Questionnaire).

In the case of a Contractor that will employ no Covered Construction Workers on the Covered Project, said Contractor shall show a contractual obligation that its subcontractors will provide Health Care Expenditures on behalf of each Covered Construction Worker for the duration of the Covered Project.

A Contractor shall make Health Care Expenditures on behalf of the Covered Construction Workers employed by its subcontractors in the event said subcontractors fail to make required Health Care Expenditures.
c. Health Care Expenditures may be made to: (1) a health plan in which the Covered Construction Worker is enrolled at the Health Care Expenditure Rate; (2) a Covered Construction Worker’s health savings account at the Health Care Expenditure Rate; and/or (3) a Covered Construction Worker in the form of cash at one and a half (1.5) times the rate of the Health Care Expenditure Rate.

Ordinance No. 7,861-N.S. Page 5 of 10

d. Health Care Expenditures shall not be credited towards compliance with BMC Chapter

13.99 (Minimum Wage).
e. The Applicant shall ensure that the Health Care Expenditures requirements in this Section are included in all construction contracts for the performance of the Covered Project.

13.107.060 Required Applicant and Contractor Statements A declaration must be signed by the Applicant at the time of permit issuance for the Covered Project, attesting to compliance with this Chapter under penalty of perjury (“Applicant Declaration”). By signing the Applicant Declaration, the Applicant commits to ensuring that all Contractors on the Covered Project have and will comply with the Apprenticeship and Health Care Expenditures requirements of this Ordinance, including by ensuring that all contracts for the performance of the Covered Project so require, requiring all Contractors complete the statements established by this Section, and submitting all Contractor statements to the City within seven (7) days of receipt.

Prior to executing their contract for the Covered Project, but no later than seven (7) calendar days before their first day of work on the Covered Project, each Contractor will sign and submit to the Applicant a statement stipulating that on the Covered Project it will comply with the Apprenticeship and Health Care Expenditures as set forth in this Chapter during the duration of the Covered Project, and that it has met the Health Care Expenditures prequalification requirements (“Contractor Prequalification Questionnaire”).

Within 30 calendar days of completing their work on the Project each Contractor must sign and submit to the Applicant a statement certifying that it complied with the Apprenticeship and Health Care Expenditures requirements of this Chapter (“Contractor Satisfaction Statement”).

Prior to issuance of a certificate of occupancy for the Covered Project, the Applicant shall sign and submit to the City a certification that all Contractors on the Covered Project satisfied the Apprenticeship and Health Care Expenditures requirements of this Ordinance (“Applicant Certification of Compliance”).

13.107.070 Notice and Posting
a. The City shall publish and make available to Contractors a notice in English, Spanish, and any other primary languages as determined by City staff, for posting by Contractors in the workplace informing Covered Construction Workers of their rights under this Chapter (“Sample Notice”).
b. A Contractor shall give written notification to each current Covered Construction Worker and to each new Covered Construction Worker at time of hire of their rights under this Chapter. The notification shall be in English and Spanish, and any other primary languages as determined by City staff, and shall also be posted prominently in areas at

Ordinance No. 7,861-N.S. Page 6 of 10

the work site where it will be seen by all Covered Construction Workers. Failure to post such notice shall render the Contractor subject to administrative citation, pursuant to the provisions of this Chapter. A Contractor’s use of the City’s Sample Notices shall constitute compliance with this Section.

13.107.080 Retaliation Prohibited
A Contractor shall not discharge, reduce the compensation of, discriminate against, or take any adverse employment action against a worker, including discipline, suspension, transfer or assignment to a lesser position in terms of job classification, job security, or other condition of employment, reduction of hours or denial of additional hours, informing another employer that the person has engaged in activities protected by this Chapter, or reporting or threatening to report the actual or suspected citizenship or immigration status of an employee, former worker or family member to a federal, state or local agency, for making a complaint to the City, participating in any of the City’s proceedings, using any civil remedies to enforce their rights, or otherwise asserting their rights under this Chapter.

Within one hundred twenty (120) days of a Contractor being notified of such activity, it shall be unlawful for the Contractor to discharge any workers who engaged in such activity unless the Contractor has clear and convincing evidence of just cause for such discharge.

13.107.090 Retention of Records
Applicants and Contractors shall maintain the following records for the Covered Project at least three (3) years after receiving approved final inspection:
1) Applicant Declaration;
2) Contractor Prequalification Questionnaires;
3) Contractor Satisfaction Statements certifying compliance with the Health Care Expenditures and Apprenticeship requirements (Sections 13.107.040 and .050) of this Chapter;
4) Records reflecting Contractors’ compliance with the Health Care Expenditures and Apprenticeship requirements (Sections 13.107.040 and .050) of this Chapter, including records of names of all Covered Construction Workers, dates those workers worked for the Contractor, and Health Care Expenditures the Contractor made to or on behalf of those workers; and
5) Applicant Certification of Compliance.

13.107.110 City Access
Applicant and Contractors shall permit access to Covered Project work sites and relevant records for authorized City representatives for the purpose of monitoring compliance with this Chapter and investigating worker complaints of noncompliance. Access to records will be provided within a reasonable amount of time of the City’s request, but no longer than 30 days. Failure to provide access to records may be subject to City enforcement as permitted in Section 13.107.111.

Ordinance No. 7,861-N.S. Page 7 of 10

13.107.111 Implementation and Enforcement
a. Issuance and Revocation of Permits
The City shall issue permits for the Covered Project only where an Applicant meets the requirements of this Ordinance and submits the Applicant Declaration. The City shall include conditions of approval requiring compliance with this Chapter for all permits issued for Covered Projects. The City may revoke or modify the applicable permits for the Covered Project pursuant to Section 23.404.080 where an Applicant or Contractor is out of compliance with this Ordinance.
b. Community Benefits Agreement Exception
If a Covered Project is covered by a Project Labor Agreement (or community workforce agreement or similar labor agreement) with the local Building and Construction Trades Council, Contractors will be deemed in compliance with this Chapter. c. Collective Bargaining Agreement Exception
A Contractor that is signatory to a valid collective bargaining agreement with a labor union that requires participation in a state-approved apprenticeship program and the provision of health care expenditures to all construction craft employees shall be deemed in compliance with this Chapter.
d. City Enforcement.

The City may take appropriate enforcement action to ensure compliance with this Chapter, including issuing an administrative citation pursuant to Chapter 1.28 of the Berkeley Municipal Code. The City may issue a citation to any Contractor or Applicantthat has not complied with the requirements of this Chapter, including but not limited to, the following violations:
(1) failing to post the required notice (Section 13.107.070); (2) refusing to or not providing timely access to records or work sites (Section

13.107.110);
(3) failing to submit or submitting a false or misleading Applicant Declarations, Contractor Prequalification Questionnaires, Contractor Satisfaction Statements, and/or Applicant Certificates of Compliance (Section 13.107.060) ; and/or (4) failing to comply with the Apprenticeship and/or Health Care Expenditures requirements of this Chapter (Sections 13.107.040 and 13.107.050).

The fine shall vary based on the provisions of this Chapter violated, but may be up to a maximum of $5,000/month per Covered Construction Worker during the period of the violation.

Ordinance No. 7,861-N.S. Page 8 of 10

In the event that any person identifies a Contractor or Applicant on a Covered Project not complying with this Ordinance as required, the person may file a complaint with the City.

Complaints shall be made on a form prepared by the City and made available through the City’s website. Upon receipt of such a complaint, the City shall investigate the complaint and, if a violation is found, issue a citation to the Applicant and/or the Contractor. The citation will give the Applicant and/or Contractor ten (10) days to correct the violation.

If a Contractor or Applicant subject to a citation does not correct the violation within ten (10) days, the City shall issue a penalty of $1,000 per calendar day for the first calendar week, increasing to $2,500 per calendar day for successive calendar weeks.

If the Contractor or Applicant has received a citation or has otherwise been penalized under this Ordinance, within the prior twelve (12) months, the penalty shall be $2,000 per calendar day for the first calendar week, increasing to $3,500 per calendar day for successive calendar weeks. If a subcontractor receives a citation under this Ordinance, the prime contractor shall be jointly and severally liable for the penalty. d. Private Right of Action.

A Covered Construction Worker, or a joint labor-management committee established pursuant to the federal Labor Management Cooperation Act of 1978 (29 U.S.C. sec. 175a) on a Covered Construction Worker’s behalf, may bring a civil action in a court of competent jurisdiction against the Contractor (and in the case of a Repeat Offender, the Applicant or Contractor who contracted with the Repeat Offender) violating this Chapter and, upon prevailing, shall be awarded reasonable attorneys’ fees and costs and shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation including, without limitation, the payment of Health Care Expenditures that may have been unlawfully withheld and/or injunctive relief. Nothing in this Chapter creates a private right of action or otherwise authorizes legal action against the City, its officers, agents, or employees, for failure to enforce these provisions.
e. Repeat Offender List.

The City shall review the complaints filed under this Ordinance on a monthly basis to determine if any person or entity has received three or more violations of the Ordinance within the last 24 months. Any such person or entity shall be designated a Repeat Offender and be placed on a public list available on the City of Berkeley’s website and shall be prohibited from working on future Covered Projects for a period of 24 months from their most recent violation. The City shall provide a notice of Repeat Offender designation through personal service, or by registered mail, postage prepaid, addressed to the person or entity’s address on file with the City.

If, after being designated a Repeat Offender, the Repeat Offender again violates the Ordinance as determined by the City or the Superior Court, then the Applicant or Contractor who contracted with the Repeat Offender shall be jointly and severally liable

Ordinance No. 7,861-N.S. Page 9 of 10

for any and all penalties, damages, or other financial obligations incurred by the Repeat Offender.

Any person or entity shall be entitled to appeal the City’s decision to place it on the Repeat Offender List by filing a written notice of appeal with the City Manager within ten days from the date the notice of Repeat Offender designation is mailed. The appeal shall clearly and concisely set forth the grounds upon which it is based. If the permittee files a timely request for appeal, a hearing shall be held before the City Manager or their designee. The decision of the City Manager or their designee shall be final.

13.107.112 City Undertaking Limited Promotion of General Welfare In undertaking the adoption and enforcement of this Chapter, the City is undertaking only to promote the general welfare. The City is not assuming, nor is it imposing on its officers and workers, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury. This Chapter does not create a legally enforceable right by any member of the public against the City.

13.107.113 No Preemption of Higher Standards
The purpose of this Chapter is to ensure minimum labor standards. This Chapter does not preempt or prevent the establishment of superior employment standards or the expansion of coverage by ordinance, resolution, contract, or any other action of the City.

13.107.114 City Manager Regulations
The City Manager may promulgate regulations for the administration and enforcement of this Chapter.

13.107.115 Severability
If any part or provision of this Chapter, or the application of this Chapter to any person or circumstance, is held invalid, the remainder of this Chapter, including the application of such part or provision to other persons or circumstances, shall not be affected by such a holding and shall continue in full force and effect. To this end, the provisions of this Chapter are severable.

Section 2. Effective Date
The effective date of this Ordinance shall be January 1, 2024.

Section 3. 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.

Ordinance No. 7,861-N.S. Page 10 of 10

At a special meeting of the Council of the City of Berkeley held on May 2, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Hahn, Harrison, Humbert, Robinson, Taplin, and Arreguin.

Noes: None.

Abstain: Kesarwani.

Absent: Wengraf.

Ordinance No. 7,862-N.S. Page 1 of 8
ORDINANCE NO. 7,862-N.S.

AMENDING THE ANNUAL APPROPRIATIONS ORDINANCE NO. 7,851–N.S. FOR FISCAL YEAR 2023
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That the Annual Appropriations Ordinance based on the budget for FY 2023 submitted by the City Manager and passed by the City Council be amended as follows and as summarized in Exhibit A:

A. General Fund (Funds 001-099) 316,440,491
B. Special Funds (Funds 100-199) 162,330,999
C. Grant Funds (Funds 300-399) 120,958,749
D. Capital Projects Funds (Funds 500-550) 91,787,730
E. Debt Service Fund (Funds 551-599) 15,044,847
F. Enterprise Funds (Funds 600-669) 178,216,604
G. Internal Service Funds (Funds 146, 670-699) 59,656,349 H. Successor Agency (Funds 760-769) 145,166
I. Agency Funds (Funds 771-799) 8,587,078
J. Other Funds (Funds 800-899) 7,239,344
K. Total
Total General Fund 316,440,491
Add: Total Other Than General Fund 643,966,865
Gross Revenue Appropriated 960,407,355
Less: Dual Appropriations -79,955,181
Less: Revolving/Internal Service Funds -59,656,349
Net Revenue Appropriated 820,795,825
Section 2. The City Manager is hereby permitted, without further authority from the City Council, to make the following transfers by giving written notice to the Director of Finance:
a. From the General Fund to the General Fund – Stability Reserve Fund; Catastrophic Reserve Fund; Paramedic Tax Fund; Health State Aid Realignment; Fair Election Fund; Capital Improvement Fund; Phone System Replacement; Equipment Replacement Fund; Public Liability Fund; Catastrophic Loss Fund; Police Employee Retiree Health Assistance Plan; Safety Members Pension Fund; and Sick Leave Entitlement Fund.

Ordinance No. 7,862-N.S. Page 2 of 8
b. To the General Fund from the General Fund – Stability Reserves Fund; Catastrophic Reserves Fund; Community Development Block Grant Fund; Street Lighting Assessment District Fund; Zero Waste Fund; Marina Operations and Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Parking Meter Fund; Unified Program (CUPA); IT Cost Allocation Fund; and Health State Aid Realignment Fund. c. To the First Source Fund from the Parks Tax Fund; Capital Improvement Fund; and the Marina Fund.
d. From the Measure U1 Fund to the Workers’ Compensation Fund e. From the Catastrophic Reserve Fund to the Playground Camp Fund

f. From Gilman Sports Field Fund to Gilman Field Reserve Fund g. From Measure FF Fund to Paramedic Tax Fund.
h. From the American Rescue Plan Fund to the General Fund; Sports Field Fund; Playground Camp Fund; Marina Fund; Off-Street Parking Fund; and Parking Meter Fund.
i. From Capital Improvement Fund to PERS Savings Fund; Berkeley Repertory Theater Fund; and 2010 COP (Animal Shelter) Fund.
j. To the Public Art Fund from the Parks Tax Fund; Capital Improvement Fund; and the Marina Fund.
k. To CFD#1 District Fire Protection Bond (Measure Q) from Special Tax Bonds CFD#1 ML-ROOS.
l. To Private Sewer Lateral Fund from Sanitary Sewer Operation Fund. m. To Catastrophic Loss Fund from Permit Service Center Fund. n. To Catastrophic Loss Fund from Unified Program (CUPA) Fund. o. To the Building Purchases and Management Fund from General Fund; Health (General) Fund; Rental Housing Safety Program Fund; Measure B Local Streets & Road Fund; Employee Training Fund; Zero Waste Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Building Maintenance Fund; Central Services Fund; and Health State Aide Realignment Trust Fund.
p. To Equipment Replacement Fund from General Fund; Mental Health Services Act Fund; Health (Short/Doyle) Fund; Vector Control Fund; Paramedic Tax Fund; Playground Camp Fund; State Transportation Tax Fund; Rental Housing Safety

Ordinance No. 7,862-N.S. Page 3 of 8
Program Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Central Services Fund.
q. To the Equipment Maintenance Fund from General Fund; Health (General) Fund; Mental Health Services Act Fund; Health (Short/Doyle) Fund; Vector Control Fund; Paramedic Tax Fund; Library - Discretionary Fund; Playground Camp Fund; State Transportation Tax Fund; Rental Housing Safety Program Fund; Rent Stabilization Board Fund; Parks Ta Fund; Street Light Assessment District Fund; FEMA Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Central Services Fund.
r. To the Building Maintenance Fund from the General Fund; Health (General) Fund; Health (Short/Doyle) Fund; Measure B Local Street & Road Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Off Street Parking Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Mental Health State Aid Realignment Fund.
s. To the Central Services Fund from the General Fund; First Source Fund; Health (Short/Doyle) Fund; Library-Discretionary Fund; Playground Camp Fund; Rent Stabilization Board Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation; Building Purchases & Management Fund; Building Maintenance Fund; Central Services Fund; and Mental Health State Aid Realignment Fund.
t. To Information Technology Cost Allocation Plan Fund from General Fund; Target Case Management/Linkages Fund; Health (Short/Doyle); Library Fund; Playground Camp Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Rent Stabilization Board Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Equipment Maintenance Fund; Building Maintenance Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; and Mental Health State Aid Realignment Fund.
u. To the Workers' Compensation Self-Insurance Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund;

Ordinance No. 7,862-N.S. Page 4 of 8
Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.
v. To the Sick Leave and Vacation Leave Accrual Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment

Ordinance No. 7,862-N.S. Page 5 of 8
Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.
w. To the Payroll Deduction Trust Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.

Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

Ordinance No. 7,862-N.S. Page 6 of 8
At a regular meeting of the Council of the City of Berkeley held on May 9, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

Ordinance No. 7,862-N.S. Page 7 of 8
Attachment for Annual Appropriations Ordinance - Fiscal Year 2023

REVOLVING FUNDS/INTERNAL SERVICE FUNDS
Appropriations are identified with revolving and internal service funds. Such funds derive revenue by virtue of payment from other fund sources as benefits are received by such funds, and the total is reflected in the "Less Revolving Funds and Internal Service Funds" in item I. The funds are:

DUAL APPROPRIATIONS - WORKING BUDGET
Dual appropriations are identified with revenues generated by one fund and transferred to another fund. Both funds are credited with the applicable revenue, and the total is reflected in the "Less Dual Appropriations" in item I. The dual appropriations are:

Employee Training Fund 949,429
Equipment Replacement Fund 11,947,462
Equipment Maintenance Fund 10,211,653
Building Maintenance Fund 5,045,988
Central Services Fund 413,953
Workers' Compensation Fund 6,488,740
Public Liability Fund 4,458,560
20,140,564
Subtotal Revolving/Internal Service Funds 59,656,349$
Information Technology Fund
Transfers to the General Fund
Indirect Cost Reimbursement
CDBG Fund 176,194
Street Light Assessment District Fund 155,018
Zero Waste Fund 2,727,548
Marina Enterprise Fund 456,077
Sanitary Sewer Fund 1,354,004
Clean Storm Water Fund 311,321
Permit Service Center Fund 1,979,790
Unified Program (CUPA) Fund 88,337
Subtotal Transfers to General Fund: 7,248,289$

Ordinance No. 7,862-N.S. Page 8 of 8
Transfer to Safety Members Pension Fund from General Fund 551,804 4,900,000
Transfer to Stability Reserve Fund from General Fund 3,025,000 Transfer to Catastrophic Reserve Fund from General Fund 2,475,000 Transfer to PERS Savings Fund from General Fund 2,000,000 Transfer to Health State Aid Realignment from General Fund 1,953,018 Transfer to Fair Election Fund from General Fund 505,002 Transfer to Capital Improvement Fund (CIP) from General Fund 19,000,905 449,408
Transfer to Equipment Replacement Fund from General Fund 1,081,699 Transfer to Public Liability Fund from General Fund 3,895,888 Transfer to Catastrophic Loss Fund from General Fund 5,025,184 Transfer to IT Cost Allocation Fund from General Fund 71,335 400,136
Transfer to Sick Leave Entitlement Fund from General Fund 201,501 Transfer to Employee Training from GF-Payroll Deduction Trust 750,000 Transfer to General Fund from Health State Aid Realignment Fund 2,643,280 757,925
12,271,612
2,614,331
1,150,000
Transfer to Off-Street Parking Fund from American Rescue Plan Fund 200,000 2,700,000
Transfer from CIP Fund to PERS Savings Fund 151,632
499,802
Transfer from CIP Fund to 2010 COP (Animal Shelter) Fund 402,613 90,501
50,555
5,082
Transfer to General Fund from Parking Meter Fund 1,742,288 Transfer to General Fund from IT Cost Allocation Fund 438,968 Transfer to CFD#1 ML-ROOS Fund from CFD No. 1 Disaster Fire Protection 320,651 0 Transfer to GF - Payroll Deduction Trust Fund from Sick Leave Entitlement Fund 273,854 Transfer to First Source Fund from Parks Tax Fund 6,675 Transfer to First Source Fund from Capital Improvement Fund 29,943 Transfer to First Source Fund from Marina Fund 2,625
Transfer to Public Art Fund from Parks Tax Fund 11,681
Transfer to Public Art Fund from Capital Improvement Fund 52,400 Transfer to Public Art Fund from Marina Fund
4,594
Subtotal Transfers to Other Funds: 72,706,892
Sub-Total Dual Appropriations 79,955,181
Grand Total Dual Appropriations 139,611,530
Transfer to Phone System Replacement - VOIP from General Fund Transfer to Police Employee Retiree Health Assistance Plan from General Fund Transfer to Special Tax Bonds CFD#1 ML-ROOS from CFD#1 District Fire Protect Bond (Measure Q)
Transfer to Catastrophic Loss Fund from Permit Service Center Fund Transfer to Catastrophic Loss Fund from Unified Program (CUPA) Fund Transfer to Private Sewer Lateral Fund from Sewer Fund
Transfer to Berkeley Repertory Theater Debt Service Fund from CIP Fund Transfer to Measure U1 Fund from General Fund
Transfer to Marina Fund from American Rescue Plan Fund
Transfer to Parking Meter Fund from American Rescue Plan Fund Transfer to Paramedic Tax Fund from Measure FF - Public Safety Fund Transfer to General Fund from Amercian Rescue Plan Fund Transfer to Paramedic Tax Fund from American Rescue Plan Fund

EXHIBIT A
2nd AAO
FY 2023 Other Total FY 2023
ERMA
Fund # Fund
Revised #1
Re
appropriations Adjustments Amend. Revised #2
011 General Fund Discretionary 303,276,062 100,000 2,268,270 2,368,270 305,644,332 016 Measure U1 - Housing 7,828,658 - 2,167,500 2,167, 500 9,996, 158 017 Climate Equity Action 600,000 - - - 600,000 101 Library - Tax 25,106,980 - - - 25,106,980 103 Library - Grants 66,854 - 30,071 30,071 96,925 104 Library - Friends & Gift 150,208 - - - 150,208 105 Library - Foundation 200,000 - 50,000 50,000 250,000 106 Asset Forefeiture 201,000 - - - 201,000 107 Special Tax Measure E 1,590,735 - - - 1,590,735 108 First Source Fund 48,500 - - - 48,500 110 Sec 108 Loan Gty Asst. 587,612 - - - 587,612 111 Fund Raising Activities 111,073 - - - 111,073 113 Gilman Sports Field 328,920 - 109,260 109,260 438,180 115 Animal Shelter 63,005 - - - 63,005 116 Paramedic Tax 5,221,790 - - - 5,221,790 117 CA Energy 44,249 - - - 44,249 119 Domestic Violence Prev - Vit Stat 26,102 - - - 26,102 120 Affordable Housing Mitigation 7,174,616 - 1,694,783 1,694,783 8,869,399 121 Affordable Child Care 19,912 - - - 19,912
122 Inclusionary Housing Program 587,181 - - - 587,181 123 Condo Conversion 121,339 - 608,406 608,406 729,745 125 Playground Camp 9,924,791 67,703 101,300 169,003 10,093,794 126 St
ate-Prop 172 Pub.Safety 1,198,563 - - - 1,198,563 127 State Transportation Tax 9,679,283 - - - 9,679,283 128 CDBG 7,093,765 - - - 7,093,765 129 Rental Housing Safety Program 1,990,846 - - - 1,990,846 130 Measure B - Local St & Road 1,496,473 - 118,000 118,000 1,614, 473 131 Measure B - Bike and Pedestrian 189,813 - - - 189,813 132 Measure B - Paratransit 54,403 - - - 54,403 133 Measure F Alameda County VRF St & Rd 1,724,951 - 255,100 255,100 1,980, 051 134 Measure BB - Local St & Road 19,539,112 - (155,975) (155, 975) 19,383, 137 135 Meaure BB - Bike & Pedestrian 2,234,162 - (23, 969) (23, 969) 2,210, 193 136 Measure BB - Paratransit 953,349 - 139,569 139,569 1,092, 918 137 Onetime FD 19,080 - - - 19,080 138 Parks Tax 18,974,506 - 313,573 313,573 19,288,079 140 Measure GG - Fire Prep Tax 5,509,760 - 1,600,000 1,600,000 7,109,760 142 Streetlight Assesment District 4,231,478 - - - 4,231,478 143 Berkeley Bus Ec Dev 586,414 - - - 586,414 145 Bayer 952 - - - 952 146 Employee Training 949,429 - - - 949,429 147 UC Settlement 6,442,870 - 250,000 250,000 6,692,870 148 Cultural Trust 1,072,975 - - - 1,072,975 149 Private Party Sidewalks 750,000 - - - 750,000 150 Public Art Fund 210,142 - - - 210,142 152 Vital & Health Statistics Trust Fund 74,903 - - - 74,903 156 Hlth State Aid Realign Trust 3,961,045 - - - 3,961,045 157 Tobacco Cont.Trust 379,256 - 6,853 6,853 386,109 158 Mental Health State Aid Realign 4,702,104 - - - 4,702,104 159 Citizens Option Public Safety Trust 525,193 - - - 525,193 161 Alameda Cty Abandoned Vehicle Abatement 137,256 - - - 137,256
164 Measure FF 11,347,938 - - - 11,347,938 165 Fair Elections 510,868 - - - 510,868 302 Operating Grants - State 7,011,050 - - - 7,011,050 305 Capital Grants - Federal 2,063,382 - - - 2,063,382 306 Capital Grants - State 10,627,045 - 46,060 46,060 10,673,105 307 Capital Grants - Local 3,182,863 - (180,000) (180,000) 3,002,863 309 OTS DUI Enforcement Education Prg. 317,060 - - - 317,060 310 HUD/Home 811,549 - 1,189,752 1,189,752 2,001,301 311 ESGP 617,433 - 300,000 300,000 917,433 312 Health (General) 3,518,552 - 14,091 14,091 3,532,643 313 Target Case Management Linkages 1,011,166 - 18,500 18,500 1,029,666 314 Alameda County Tay Tip 35,812 - - - 35,812 315 Mental Health Service Act 13,580,495 - - - 13,580,495 316 Health (Short/Doyle) 7,074,965 - - - 7,074,965 317 EPSDT Expansion Proposal 500,241 - - - 500,241 318 Alcoholic Bev Ctr OTS/UC 128,105 - - - 128,105 319 Youth Lunch 279,464 - - - 279,464

SUMMARY OF APPROPRIATIONS BY FUND

EXHIBIT A
2nd AAO
FY 2023 Other Total FY 2023
ERMA
Fund # Fund
Revised #1
Reappropriations Adjustments Amend. Revised #2

SUMMARY OF APPROPRIATIONS BY FUND
320 Sr. Nutrition Title III 146,787 - 49,582 49,582 196,369 321 CFP Title X 140,317 - 55,000 55,000 195,317 324 BUSD Grant 392,232 - - - 392,232 325 Vector Control 285,817 - - - 285,817 326 Alameda County Grants 791,346 - - - 791,346 327 Senior Supportive Social Services 124,403 - 24,555 24,555 148,958 328 Family Care Support Program 91,365 - 51,033 51,033 142,398 329 CA Integrated Waste Management 21,511 - 21,511 331 Housing Mitigation 1,605,883 - 24,408 24,408 1,630,291 333 CALHOME 363,100 - - - 363,100 334 Community Action 570,086 - - - 570,086 336 One-Time Grant: No Cap Exp 19,190,305 9,266 5,384, 407 5,393, 673 24,583, 978 338 Bay Area Air Quality Management 117,000 - - - 117,000 339 MTC 812,548 - - - 812,548 340 FEMA 1,358,059 - - - 1,358,059 341 Alameda Cty Waste Mgt. 1,162,565 - - - 1,162,565 343 State Dept Conserv/Recylg 28,000 - - - 28,000 344 CALTRANS Grant 190,460 - - - 190,460 346 Safe Routes 9,757 - - - 9,757 347 Shelter+Care HUD 6,348,578 - - - 6,348, 578 348 Shelter+Care County 886,153 - 10,000 10,000 896,153 349 JAG Grant 55,650 - - - 55,650 350 Bioterrorism Grant 930,941 - 52,641 52,641 983,582 351 UASI 1,345 - - - 1,345 354 ARPA - Local Fiscal Recovery Fund 22,615,918 - 4,910,146 4,910, 146 27,526, 064 501 Capital Improvement Fund 33,852,196 - 1,885 1,885 33,854,081 502 Phone System Replacement 478,794 - - - 478,794 503 FUND$ Replacement 4,862,196 - - - 4,862,196 504 PEG-Public, Education & Government 100,000 - - - 100,000 506 Meas M - Streets and Watershed Improvements 926,720 - - - 926,720 511 Measure T1 - Infra & Facil. 27,314,362 19,996 100,000 119,996 27,434,358 512 Measure O 24,131,581 - - - 24,131,581 552 09 Measure FF Debt Service 1,343,638 - - - 1,343,638 553 2015 GORBS 2,051,966 - - - 2,051,966 554 2012 Lease Revenue Bonds BJPFA 502,238 - - - 502,238 555 2015 GORBS - 2002 G.O. Refunding Bonds 379,561 - - - 379,561 556 2015 GORBS (2007, Series A) 142,865 - - - 142,865 557 2015 GORBS (2008 Measure I) 481,286 - - - 481,286 558 2010 COP (Animal Shelter) 406,991 - - - 406,991 559 Measure M GO Street & Water Imps 740,738 - 896,875 896,875 1,637, 613 560 Infrastucture & Facilities Measure T1 1,731,181 - 2,759,200 2,759, 200 4,490, 381 561 Measure O - Housing Bonds 2,023,940 - 1,584,368 1,584,368 3,608,308 601 Zero Waste 60,533,186 - - - 60,533,186 607 Dept. of Boat and Waterways 49,000 102 - 102 49,102 608 Marina Operation 11,966,589 6,618 91,200 97,818 12,064,407 611 Sewer 50,218,051 - - - 50,218,051 612 Private Sewer Lateral FD 172,628 - - - 172,628 616 Clean Storm Water 7,407,571 - - - 7,407,571 621 Permit Service Center 24,052,454 - - - 24,052,454 622 Unified Program (CUPA) 929,413 - - - 929,413 627 Off Street Parking 7,447,713 - - - 7,447,713 631 Parking Meter 11,487,009 - - - 11,487,009 636 Building Purchases and Management 3,855,070 - - - 3,855,070 671 Equipment Replacement 11,947,462 - - - 11,947,462 672 Equipment Maintenance 10,211,653 - - - 10,211,653 673 Building Maintenance Fund 5,045,988 - - - 5,045,988 674 Central Services 413,953 - - - 413,953
676 Workers Compensation 6,488,740 - - - 6,488,740 678 Public Liability 4,458,560 - - - 4,458,560 680 Information Technology 20,140,564 - - - 20,140,564 722 RE
TMED IBE 1,445 - - - 1,445 723 RETMED LC1 14,704 - - - 14,704 724 RETMED Z1 1,467 - - - 1,467 725 RETMED Z26 6,053 - - - 6,053 726 RETMED 535 21,015 - - - 21,015 727 RETMED 790 19,839 - - - 19,839 731 POL EE RET 6,967 - - - 6,967

EXHIBIT A
2nd AAO
FY 2023 Other Total FY 2023
ERMA
Fund # Fund
Revised #1
Reappropriations Adjustments Amend. Revised #2

SUMMARY OF APPROPRIATIONS BY FUND
736 FIRE MEDIC 16,557 - - - 16,557 762 Successor Agency - Savo DSF 57,120 - - - 57,120 776 Thousand Oaks Underground 98,448 - - - 98,448 777 Measure H - School Tax 500,002 - - - 500,002 778 Measure Q - CFD#1 Dis. Fire Protect Bond 1,399,997 - 320,651 320,651 1,720,648 779 Spl Tax Bds. CFD#1 ML-ROOS 2,824,802 - - - 2,824, 802 781 Berkeley Tourism BID 632,704 - 300,000 300,000 932,704 782 Elmwood Business Improvement District 63,519 - - - 63,519 783 Solano Ave BID 35,082 - - - 35,082 784 Telegraph Avenue Bus. Imp. District 583,315 - - - 583,315 785 North Shattuck BID 210,363 - - - 210,363 786 Downtown Berkeley Prop & Improv. District 1,618,196 - - - 1,618,196 801 Rent Board 7,239,344 - - - 7,239,344 GROSS EXPENDITURE: 932,466,575 203,685 27,537,095 27,740,780 960,207,355

Dual Appropriations (81,673,325) - 1,718,144 1,718,144 (79,955,181) Revolving & Internal Service Funds (59,656,349) - - - (59,656,349)

NET EXPENDITURE: 791,136,901 203,685 29,255, 239 29,458, 924 820,595, 825

Ordinance No. 7,863-N.S. Page 1 of 1
ORDINANCE NO. 7,863-N.S.

AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY

COUNCIL OF THE CITY OF BERKELEY AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES’ RETIREMENT SYSTEM
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1.

That an amendment to the contract between the City Council of the City of Berkeley and the Board of Administration, California Public Employees’ Retirement System is hereby authorized, a copy of said amendment being attached hereto, marked Exhibit A, and by such reference made a part hereof as though herein set out in full.

Section 2.

The Mayor of the City of Berkeley City Council is hereby authorized, empowered, and directed to execute said amendment for, and on behalf of, said Agency.

Section 3.

This Ordinance shall take effect thirty (30) days after the date of its adoption. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr.

Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on May 9, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Harrison.

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

CONSENT CALENDAR
May 23, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Appointment of Emergency Standby Officers for City Council District 8 and District 2

RECOMMENDATION
Adopt a Resolution confirming the appointment of newly nominated standby officers for City Council District 8 and City Council District 2 to serve in the event the elected official is unavailable during an emergency, and rescinding Resolution No. 70,073-N.S.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
With the election of Councilmember Humbert in November of 2022, the new Councilmember has submitted a nomination for Gordon Wozniak to serve as his standby officer. In addition, Councilmember Taplin has nominated Weldon Bradstreet as a second standby officer. The City Clerk has determined that the nominees meet the requirements and may be approved by the City Council.

BACKGROUND
On March 14, 1995, the Council adopted Resolution No. 57,906-N.S., designating a procedure for the selection of Standby Officers for City Councilmembers in the event of an emergency. The original resolution was updated on April 23, 2019 by Resolution No. 68,830-N.S. which amended the qualifications required for standby officers. This procedure is part of the City’s emergency preparedness planning and ensures that in the case of a disaster or other catastrophic emergency causing the unavailability of members of the Council, government can continue to function. Under state law, a Councilmember or Standby Officer is “unavailable” when he or she is “either killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform his [or her] duties.” (Govt Code § 8636.)

RATIONALE FOR RECOMMENDATION
With the submission of new nominations by Councilmembers Humbert and Taplin, it is necessary to update the resolution to include the newly nominated standby officers.

Emergency Standby Officers for the Mayor and Councilmembers CONSENT CALENDAR May 23, 2023

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

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

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

CONFIRMING THE APPOINTMENT OF STANDBY OFFICERS AND RESCINDING RESOLUTION NO. 70,073-N.S.

WHEREAS, by Resolution No. 57,906-N.S. adopted March 14, 1995, the Council enacted a policy for the appointment of Standby Officers to serve in each Councilmember’s place in the event the Councilmember is unavailable during a disaster; and WHEREAS, each Councilmember has nominated Standby Officers and the City Manager has found all the nominees to be qualified in accordance with the standards set forth in Resolution No. 68,830-N.S.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the following persons are hereby confirmed as Standby Officers to serve in place of a Councilmember in case the Councilmember is unavailable during a catastrophic emergency, and that they shall serve in the order listed, successive Standby Officers serving only if the preceding officer or officers are unavailable. The definition of “unavailable” shall be as set forth in Government Code Section 8636: an officer is either killed, missing, or so seriously injured as to be unable to attend meetings and otherwise perform his or her duties; or as that Section may be hereafter amended.

For Mayor Jesse Arreguin

1. Linda Maio

2. John Selawsky

3. Gordon Wozniak
For Councilmember Rashi Kesarwani

1. Laurie Capitelli

2. Beth Gerstein

3. Teresa Clarke
For Councilmember Terry Taplin

1. Jennifer Shanoski

2. Weldon Bradstreet

3. None Designated
For Councilmember Ben Bartlett

1. Pending

2. Kathleen Crandall

3. Emily Modde

For Councilmember Kate Harrison

1. Holly Scheider

2. Kelly Hammargren

3. Erin Diehm
For Councilmember Sophie Hahn

1. John C. Hitchen

2. Ronnie Cohen

3. Pending
For Councilmember Susan Wengraf

1. Ray Yep

2. Gordon Wozniak

3. Linda Maio
For Councilmember Rigel Robinson

1. Solomon Alpert

2. None Designated

3. Timothy Xavier Johnson
For Councilmember Mark Humbert

1. Gordon Wozniak

2. None Designated

3. None Designated
BE IT FURTHER RESOLVED, that Resolution No. 70,073-N.S. is hereby rescinded.

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

CONSENT CALENDAR
May 23, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of April 11 (regular), April 13 (closed), April 17 (closed) and April 25 (special and regular).

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

1. April 11, 2023 - Regular Council Meeting

2. April 13, 2023 - Special Closed Council Meeting

3. April 17, 2023 – Special Closed Council Meeting

4. April 25, 2023 - Special Council Meeting

5. April 25, 2023 - Regular Council Meeting

Tuesday, April 11, 2023 MINUTES Page 1

M I N U T E S

BERKELEY CITY COUNCIL MEETING
Tuesday, April 11, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

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
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 encouraged. If you are feeling sick, please do not attend the meeting in person.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley-info.zoomgov.com/j/1606544287.

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 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 654 4287.

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

Tuesday, April 11, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:07 p.m.

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

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

Councilmember Kesarwani present at 6:25 p.m.

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters:

1. Recognition of Tom Dalzell, Local Author

2. Recognition of Armenian Genocide Remembrance Day, April 24, 2023

3. Recognition of Holocaust Remembrance Day, April 16, 2023

4. Adjourned in memory of Daniel Waldmen, Local Architect

5. Adjourned in memory of Karen Hemphill, former Berkeley Unified School District Board Member City Manager Comments: None.

Public Comment on Non-Agenda Matters: 10 speakers.

Action: M/S/C (Arreguin/Hahn) to accept an urgency item from Councilmember Hahn pursuant to Government Code Section 54954.2(b)(2) entitled Declaring Daniel Ellsberg Week.

Vote: All Ayes.

Action: M/S/C (Arreguin/Harrison) to accept an urgency item from Councilmember Humbert pursuant to Government Code Section 54954.2(b)(2) entitled Sending a letter to Assemblymembers Friedman and Wicks to request Berkeley’s Inclusion in AB 645 (Speed Safety System Pilot Programs).

Vote: All Ayes.

Consent Calendar
Tuesday, April 11, 2023 MINUTES Page 3
Public Comment on Consent Calendar and Information Items Only: 34 speakers.

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

Vote: All Ayes.

Urgent Item: Declaring Daniel Ellsberg Week
From: Councilmember Hahn (Author)
Recommendation: Adopt a Resolution declaring April 24-30, 2023 as Daniel Ellsberg Week.

Financial Implications: None.

Contact: Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Mayor Arreguin, and Councilmembers Harrison and Humbert added as co- sponsors. Adopted Resolution No. 70,752–N.S.

Urgent Item: Sending a letter to Assemblymembers Friedman and Wicks to request Berkeley’s Inclusion in AB 645 (Speed Safety System Pilot Programs) From: Councilmember Humbert (Author), Mayor Arreguin (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor) Recommendation: Send a letter to Assemblymembers Friedman and Wicks in support of AB 645 (Friedman) and requesting that Berkeley be added to the list of cities the bill would authorize to establish a Speed Safety System Pilot Program.

Financial Implications: Staff time
Contact: Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180 Action: Approved recommendation.

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of February 14 (regular), February 21 (special), February 27 (closed and special), February 28 (special and regular), March 13 (closed), March 14 (special and regular), March 20 (special) and March 21 (special and regular).

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

2. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on April 11, 2023
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: General Fund - $120,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

Consent Calendar
Tuesday, April 11, 2023 MINUTES Page 4

3. Contract No. 31900273 Amendment: Bay Area Community Services North County Housing Resource Center
From: City Manager
Recommendation: Adopt a Resolution amending Contract No. 31900273 with Bay Area Community Services (BACS) North County Housing Resource Center (HRC) by increasing the not to exceed amount (NTE) by $80,000 utilizing one-time grant funds.

The amendment will increase the NTE amount from $11,410,274 to $11,490,274.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,753–N.S.

4. Contract: JSI Research & Training Institute, Inc. for Community Health Assessment, Innovation, and Improvement Plan Consultant From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with JSI Research & Training Institute, Inc. to serve as a Community Health Assessment, Innovation, and Improvement Plan consultant for the City of Berkeley’s Health, Housing, and Community Services (HHCS) Department from May 1, 2023 to May 1, 2025 in an amount not to exceed $249,413.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,754–N.S.

5. Contract: Easy Does It for Provision of Wheelchair Van Service for Seniors & the Disabled
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, or her designee, to execute a contract and any amendments with Easy Does It in the amount of $175,000 for the period of July 1, 2023 through June 30, 2026 for the provision of accessible wheelchair van services to clients of the Aging Services Division’s Berkeley Rides for Seniors & the Disabled program.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,755–N.S.

6. Contract No. 32100126 Amendment: Anjanette Scott LLC for Housing Consultant Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100126 with Anjanette Scott LLC increasing the contract by $50,000 for consulting services in a total amount not to exceed $150,000, with a contract end date of June 30, 2024.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,756–N.S.

Consent Calendar
Tuesday, April 11, 2023 MINUTES Page 5

7. Contract No. 32000224 Amendment: GovtInvest Labor Costing, Pension & OPEB Analysis Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment to Contract No. 32000224 with GovInvest for a labor costing, pension and OPEB (Other Post-Employment Benefits) analysis software system, increasing the amount of the contract by $150,000 to cover 3 years of subscription access to this service for a revised total contract amount not to exceed $200,000.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,757–N.S.

8. Side Letter of Agreement – Service Employees International Union, Local 1021 Community Services & Part-Time Recreation Leaders Association From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with Service Employees International Union, Local 1021 Community Services & Part-Time Recreation Leaders Association (PTRLA) to modify Section 15.6 of the Memorandum of Agreement regarding Hazardous Substance Special Assignment Pay. Effective July 7, 2022, employees who are regularly assigned to perform services in unhoused settings throughout the service area shall receive a three percent (3%) salary differential to their base pay for all actual hours worked in the field and performing duties in unhoused settings. This Resolution follows Council consideration of this item in Closed Session on December 12, 2022.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,758–N.S.

9. Contract No. 31900122-1 Amendment: Rolling Orange, Inc. for Additional Website Maintenance and Support
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900122-1 with Rolling Orange, Inc. for additional website maintenance and support for an amount not-to-exceed $105,000 and a total contract value not-to-exceed $674,300 from March 1, 2019 to June 30, 2025.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 70,759–N.S.

Consent Calendar
Tuesday, April 11, 2023 MINUTES Page 6

10. Donation: Memorial Bench at the Berkeley Marina in memory of Sophia Pritzos From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Marina in memory of Sophia Pritzos.

Financial Implications: $3,400 (Donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,760–N.S.

11. Lease Amendment: Cazadero Performing Arts Camp (CPAC), 5385 Cazadero Hwy, Cazadero, CA 95421
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute an amendment to a lease agreement with Cazadero Performing Arts Camp (CPAC), at 5385 Cazadero Hwy, Cazadero, CA 95421, for City to disburse up to $400,000 to tenant to implement capital improvements to satisfy City’s obligations under the lease.

Financial Implications: Measure T1 Fund - $400,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopt first reading of Ordinance No. 7,858–N.S. Second reading scheduled for April 25, 2023.

12. Contract: Power Engineering Construction for the Selective Timber Pile Replacement Project at the Berkeley Marina
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the Berkeley Marina Selective Pile Replacement Project (Bid Specification No. 23- 11567-C); and 2. Accepting the bid of Power Engineering Construction as the lowest responsive and responsible bidder on the Project; and 3. 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, with Power Engineering Construction, for the Berkeley Selective Piling Replacement Project, in an amount not to exceed $3,175,000, which includes a contract amount consisting of base bid plus allowance of $2,710,690 and a 17.13% contingency in the amount of $464,310.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,761–N.S.

Consent Calendar
Tuesday, April 11, 2023 MINUTES Page 7

13. Contract No. 10785 Amendment: West Coast Arborist, Inc for Tree Removal and Pruning Service
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 10785 with West Coast Arborist, Inc. for tree removal and pruning service by increasing the contract amount by $100,000 for a not-to-exceed amount of $1,290,000.

Financial Implications: 2023 Parks Tax Fund - $1,290,000 Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,762–N.S.

14. Accept Grant Funding From the Board of State and Community Corrections (BSCC) Officer Wellness and Mental Health Grant Award Program From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, or designee, to accept the Board of State and Community Corrections (BSCC) Officer Wellness and Mental Health Grant Award. The total funding awarded to the Berkeley Police Department is $106,014 for the period July 1, 2022, to December 1, 2025. Funds for the grant will be used to enhance officer wellness and resilience by providing mental health resources.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 70,763–N.S.

15. Support March 21, 2023 Day of Action Urging Banks to Divest from Fossil Fuel Businesses
From: Peace and Justice Commission
Recommendation: Adopt a Resolution that the City of Berkeley Council support the Tuesday March 21, 2023 nation-wide day of action to tell banks to divest from fossil fuel projects, and encourages Berkeley’s residents to support and participate in local actions on that date.

Financial Implications: None
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100 Action: Adopted Resolution No. 70,764–N.S.
16a. Allocation of $3 Million Over Two Years, FY 2024 and FY 2025, to Reduce Consumption and Health Impacts of Sugar-Sweetened Beverages (SSBs). (Reviewed by the Budget and Finance Policy Committee)
From: Sugar Sweetened Beverage Product Panel of Experts Recommendation: Adopt a Resolution allocating $3 million from the General Fund in FY24 (July 1, 2023 through June 30, 2024) and FY25 (July 1, 2024 through June 30, 2025) that shall be invested in a grant program administered and coordinated by the Department of Health, Housing, and Community Services’ (HHCS) Public Health Division (HHCS/PHD) consistent with the Sugar-Sweetened Beverage Product Panel of Experts (SSBPPE) Commission’s goals to reduce the consumption of sugar sweetened beverages (SSB) in Berkeley and to address the health effects of SSB consumption. The total of $3 million will be distributed in two installments of $1.5 million per year for FY24 and FY25. In each of these years, the funds will be distributed as follows: a. Direct the City Manager to award up to 42.5% of the allocated funds to Berkeley Unified School District (BUSD) through a grant proposal to reduce the consumption of sugar-sweetened beverages (SSBs) through the implementation and enhancement of the BUSD cooking and gardening programs.

The BUSD funding process is separate from the RFP process for the general community-based organization funding process and shall be guided by the SSBPPE Commission’s Criteria for BUSD Funding. b. Direct the City Manager to award at least 42.5% of the allocated funds through an RFP process managed by HHCS/PHD for grants to community-based organizations consistent with the SSBPPE Commission’s goals to reduce the consumption of SSBs and to address the effects of SSB consumption. The community-based organization funding RFP process is separate from the BUSD funding process and shall be guided by the SSBPPE Commission’s Criteria for Community Agency Grants. c. Direct the City Manager to utilize up to 15% of the allocated funds to support HHCS/PHD to coordinate and monitor the grant process, coordinate the overall program evaluation, and produce an annual report that disseminates process and outcome data from the epidemiologist resulting from the SSBPPE Commission funding program as well as pay certain City of Berkeley Finance Department costs related to the sugary drink tax.

Policy Committee Recommendation: To forward the item to Council with a Qualified Positive Recommendation to approve staff’s recommendation, with an additional amount of $35,590 in FY24 and FY25, and any additional revenues beyond the projected amounts being prioritized for grants.

Financial Implications: See report
Contact: Roberto Terrones, Commission Secretary, (510) 981-5400 Action: See action for Item 16b.

Consent Calendar
Tuesday, April 11, 2023 MINUTES Page 8
16b. Companion Report: Allocation of $3 Million Over Two Years, FY24 and FY25, to Reduce Consumption and Health Impacts of Sugar-Sweetened Beverages (SSBs). (Reviewed by the Budget and Finance Policy Committee)
From: City Manager
Recommendation: Adopt a Resolution allocating $2 million from the General Fund in FY24 (July 1, 2023 through June 30, 2024) and FY25 (July 1, 2024 through June 30, 2025) that shall be invested in a grant program administered and coordinated by the Department of Health, Housing, and Community Services’ (HHCS) Public Health Division (HHCS/PHD) consistent with the Sugar-Sweetened Beverage Product Panel of Experts (SSBPPE) Commission’s goals to reduce the consumption of sugar sweetened beverages (SSB) in Berkeley and to address the health effects of SSB consumption. The total of $2 million will be distributed in two installments of $1 million per year for FY24 and FY25. The funds will be distributed as follows: a. Direct the City Manager to award up to $712,000 of the allocated funds to Berkeley Unified School District (BUSD) for the period, July 1, 2023 to June 30, 2025 through a grant proposal to reduce the consumption of sugar-sweetened beverages (SSBs) through the implementation and enhancement of the BUSD cooking and gardening programs. The BUSD funding process is separate from the RFP process for the general community-based organization funding process and shall be guided by the SSBPPE Commission’s Criteria for BUSD Funding. b. Direct the City Manager to award at least $712,000 of the allocated funds for the period, July 1, 2023 to June 30, 2025 through an RFP process managed by HHCS/PHD for grants to community-based organizations consistent with the SSBPPE Commission’s goals to reduce the consumption of SSBs and to address the effects of SSB consumption. The community-based organization funding RFP process is separate from the BUSD funding process and shall be guided by the SSBPPE Commission’s Criteria for Community Agency Grants. c. For the period, July 1, 2023 to June 30, 2025, direct the City Manager to allocate $125,000 to fund Finance Department costs for staffing and MuniServices fees and $451,000 to HHCS/PHD for staffing, operating and consulting costs to coordinate and monitor the grant process, manage resulting contracts awarded, support activities aligned with the goal of the sugary beverage tax, including the Healthy Retail Checkout ordinance, and provide an annual presentation to the SSBPPE Commission that includes process and outcome data and updates on Finance Department fees related to the sugary drink tax for the SSBPPE Commission to inform the development of the Commission’s annual report. d. Carryover any sugary drink tax revenue received in excess of $2 million during FY24 and FY25 to be awarded for related services in FY25 – FY27.

Policy Committee Recommendation: To forward the item to Council with a Qualified Positive Recommendation to approve staff’s recommendation, with an additional amount of $35,590 in FY24 and FY25, and any additional revenues beyond the projected amounts being prioritized for grants.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400
Action: Adopted Resolution No. 70,765–N.S. as recommended by the Budget and Finance Committee to approve staff’s recommendation, with an additional amount of $35,590 in FY24 and FY25, and any additional revenues beyond the projected amounts being prioritized for grants.

Council Consent Items
Tuesday, April 11, 2023 MINUTES Page 9

17. Support AB 40 – Improving Ambulance Patient Offload Times From: Mayor Arreguin (Author), Councilmember Bartlett (Co-Sponsor) Recommendation: Adopt a Resolution in support of AB 40 (Rodriguez), which develops a 20-minute statewide standard for ambulance patient offload times. Send a copy of the Resolution to Assemblymembers Freddie Rodriguez and Buffy Wicks, State Senator Nancy Skinner, and Governor Gavin Newsom.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,766–N.S.

18. Resolution to Support AB 1001
From: Mayor Arreguin (Author), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor)
Recommendation: Adopt a Resolution in support of Assembly Bill 1001, introduced by Assembly Member Matt Haney, and send a copy of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, and Assembly Members Matt Haney and Buffy Wicks.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,767–N.S.

19. Establishment of Fred Ross Memorial Bench in Cesar Chavez Park From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution directing the City Manager to work with the family of the late Fred Ross Jr. to dedicate a memorial bench at the west facing edge of Cesar Chavez Park in his honor. The family of Fred Ross Jr. shall be responsible for the cost of the bench and shall be engaged in determining the location of the bench.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,768–N.S.

20. Support for AB 1690 (Universal health care coverage) From: Councilmember Taplin (Author), Mayor Arreguin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Harrison (Co-Sponsor) Recommendation: Send a letter to Assemblymember Ash Kalra (D-San Jose) in support of AB 1690 (Universal health care coverage).

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

Council Consent Items
Tuesday, April 11, 2023 MINUTES Page 10

21. Support for AB 362 (Land value taxation study)
From: Councilmember Taplin (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Harrison (Co-Sponsor)
Recommendation: Send a letter to Assemblymember Alex Lee (D-San Jose) in support of AB 362 (Land value taxation study).

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

22. Referral to the June 2023 Budget Process to Increase Capacity for Berkeley Community Media
From: Councilmember Harrison (Author), Councilmember Bartlett (Co- Sponsor)
Recommendation: Refer $54,000 to the June, 2023 budget Process to increase personnel funding for Berkeley Community Media (BCM), advancing two current part time employees to full time.

Financial Implications: $54,000
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Approved recommendation.

23. Referral to the June 2023 Budget Process for Funding Harold Way Placemaking Project Schematic Design
From: Councilmember Harrison (Author)
Recommendation: Refer $100,000 to the June 2023 Budget Process to fund Harold Way Placemaking Project Schematic Design.

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

24. Referral to the June 2023 Budget Process as a sole source procurement contract for Two Full-Time Social Workers for Social Justice Collaborative From: Councilmember Harrison (Author)
Recommendation: Refer $147,000 to the June 2023 Budget Process as a sole source procurement contract for annual staffing costs associated with funding two social workers to provide low-income immigrants, asylum seekers, unaccompanied children, young dreamers, and displaced families with direct legal services and legal representation.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Mayor Arreguin added as a co-sponsor. Approved recommendation.

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

Council Consent Items
Tuesday, April 11, 2023 MINUTES Page 11

25. Referral $100,000 to the June, 2023 Budget Process to Design a Comprehensive Berkeley Police Early Intervention and Risk Management System
From: Councilmember Harrison (Author), Councilmember Bartlett (Co- Sponsor)
Recommendation: Refer $100,000 to the June, 2023 Budget Process to enter into a contract to design and assist with implementing a comprehensive Berkeley Police Department Early Intervention and Risk Management System to provide necessary data and help in implementing fair and impartial policing policies and public safety reimagining.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Mayor Arreguin and Councilmember Robinson added as co-sponsors.

Approved recommendation as revised in Supplemental Communications Packet #2 from Councilmember Harrison.

Council Consent Items
Tuesday, April 11, 2023 MINUTES Page 12

26. Referring $579,000 to the June 2023 Budget Process for Staffing Costs Associated with Acquisition of and Prevention of Displacement from Multi- Family Housing
From: Councilmember Harrison (Author)
Recommendation: Refer $579,000 to the June 2023 Budget Process for annual City staffing costs and for allied non-profits to implement and administer programs associated with acquisition and prevention of displacement from multi-family housing including the Small Sites Program, investments related to the Empty Homes Tax, and administrative implementation of the proposed Berkeley Community and Tenant and Opportunity to Purchase Act (COPA/TOPA).

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Moved to Action Calendar. 24 speakers. Councilmember Bartlett added as a co-sponsor. M/S/C (Harrison/Arreguin) to approve the recommendation revised to read as follows:

Refer $579,000 to the June 2023 Budget Process for annual City staffing costs and for allied non-profits to implement and administer programs associated with acquisition and prevention of displacement from multi-family housing including the Small Sites Program, and implementation of other programs to allow purchases by the city, non-profits and or residents to maintain affordability:

Community Development Project Coordination
for acquisition capacity of 3-6 additional projects
per year (HHCS)

1.5 FTE - $318,915*
*Includes $4,500 to support office,
technology, and training needs
Community Development Project Coordination 0.5 FTE - $108,088 Deputy City Attorney II 0.35 FTE - $101,884
Qualified Organization Capacity Support for two
additional projects per year (in addition to
existing allocation of $100,000 to the Bay Area
Community Land Trust)
$50,000
Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Robinson, Arreguin; Noes – Kesarwani, Wengraf, Humbert; Abstain – None; Absent – None.

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

Vote: All Ayes.

Council Consent Items
Tuesday, April 11, 2023 MINUTES Page 13

27. Relinquishment of Council Office Budget Funds to Grant Downtown Berkeley Association (DBA) $500 for 2274 Shattuck Avenue Mural Project serving a Municipal Public Purpose.

From: Councilmember Harrison (Author), Councilmember Bartlett (Co- Sponsor)
Recommendation: Adopt a Resolution approving the expenditure to grant Downtown Berkeley Association (DBA) $500 for the 2274 Shattuck Avenue Mural Project serving a Municipal Public Purpose, with funds relinquished to the City’s general fund for this purpose from Councilmember Harrison’s discretionary Council Office Budget Fund.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 70,769–N.S.

28. Resolution in Support of AB 641: Automobile dismantlers: catalytic converters From: Councilmember Harrison (Author)
Recommendation: Adopt Resolution in support of AB 641, Automobile dismantlers:
catalytic converters, amending Section 220 of the Vehicle Code to revise and expand the definition of “automobile dismantler” to include individuals illegally in possession of two or more catalytic converters.

Financial Implications: Staff time
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 70,770–N.S.

29. Proclaiming May as Jewish American Heritage Month
From: Councilmember Hahn (Author), Councilmember Wengraf (Co-Sponsor) Recommendation: Adopt a Resolution proclaiming May as Jewish American Heritage Month.

Financial Implications: None
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Councilmembers Kesarwani and Taplin added as co-sponsors. Adopted Resolution No. 70,771–N.S.

Council Consent Items
Tuesday, April 11, 2023 MINUTES Page 14

30. Kala Art Institute 2023 Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $250 from Councilmember Hahn and $500 from Councilmember Taplin, to the Kala Art Institute, a 501(c)(3) non-profit organization, to support Art Kala 2023, an exhibition, auction, and benefit to support Kala’s artistic, cultural, and educational programs, with funds relinquished to the City’s general fund for this purpose from the discretionary Council office budgets of Councilmembers Hahn and Taplin, and from any other Councilmembers who would like to contribute.

Financial Implications: Councilmembers' Discretionary Funds - $500 Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Adopted Resolution No. 70,772–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Councilmember Wengraf - $250; Councilmember Bartlett - $250; Councilmember Robinson - $200; Councilmember Humbert - $100.

Council Consent Items
Tuesday, April 11, 2023 MINUTES Page 15

31. Budget Referral: Funds to Study Berkeley’s Affordable and Social Housing Needs and Programmatic and Funding Opportunities
From: Councilmember Hahn (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Taplin (Co-Sponsor)
Recommendation: Refer $250,000 to the June 2023 budget process to study and report to Council on: 1. The need for Affordable Housing in Berkeley to: a. Rehouse Berkeley’s unhoused residents. b. Meet the housing needs of very low-, low- and moderate-income Berkeley residents, from less than 30% to 120% of Area Median Income (AMI). c. Significantly increase cooperative, land trust, and other Social Housing, including innovative social housing models that provide significant moderate-income housing opportunities. d. Meet the needs of low-income artists, seniors, individuals with disabilities, and other populations with unique needs. e. Potentially increase Affordable Housing, up to 100%, at North Berkeley and Ashby Bart Stations. f. Meet the City’s Housing Element Affordable Housing production requirements of 5,270 units from 30%- 120% AMI in a timely manner, prior to the end of the current RHNA cycle in 2031. 2.

Existing and potential new programs to increase homeownership for low-income and first-time homebuyers. 3. Needs/programs to accelerate the City’s Small Sites Program.

4. Existing and upcoming funds available at the local, County, Regional, State, and Federal levels to support Berkeley in meeting its Affordable and Social Housing needs and requirements. 5. Berkeley-specific funds required to meet Affordable and Social Housing needs and to produce Berkeley’s RHNA-required Affordable Housing, including funds to build capacity at Land Trusts and other organizations to deliver Cooperative and Social Housing. 6. Existing sources and amounts of Funding available to meet Berkeley’s Affordable and Social Housing needs and requirements. 7. Potential Bonds or other measures to secure necessary Affordable and Social Housing funds including a potential measure or measures on the November 2024 ballot, based on the success of 2018 Measure O. 8. Added costs of delaying the preservation and construction of Affordable Housing, including potential increased costs for land, financing, and construction, and the yearly/per-individual cost of providing services to Berkeley’s unhoused residents. 9. Consequences of failure to meet RHNA Affordable Housing allocations in a timely manner. 10. Potential re-authorization of Measure P in November of 2024 as a permanent measure, to extend additional funding available to support rehousing the homeless. 11. Any other information related to Affordable and Social Housing in Berkeley to help inform residents and the City Council of the need for additional Affordable Housing and Affordable Housing programs and funds, and funds to rehouse the homeless.

Study to be delivered to the City Council no later than December 1, 2023 and to include a plan for Berkeley to meet its Affordable and Social Housing needs and requirements and recommendations for additional funds, programs, and other measures to meet needs over the next decade.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Councilmember Wengraf added as a co-sponsor. Approved recommendation as revised in Supplemental Communications Packet #2 from Councilmember Hahn, and further revised to strike the second bullet from the recommendation:
 Potential/needs for Berkeley to achieve 100% affordable projects (up to 120% AMI) at the North Berkeley and Ashby Bart Stations.

Council Consent Items
Tuesday, April 11, 2023 MINUTES Page 16

32. Budget Referral: $30,000 for Yield Signs at Two Unmarked Intersections From: Councilmember Wengraf (Author)
Recommendation: In support of the City’s Pedestrian Plan with a vision that, “Berkeley is a model walkable city where traveling on foot or with an assistive device is safe, comfortable, and convenient for people of all races, ethnicities, incomes, ages, and abilities,” refer to the Fiscal Year 2024 Budget Process an allocation of $30,000 to install “YIELD” signs at two unmarked intersections at Shasta and Queens and Quail and Queens.

Financial Implications: $30,000
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Approved recommendation.

33. Budget Referral: $150,000 for Handrails, Lights and Signage for City Pedestrian Path Network
From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor), Councilmember Humbert (Co-Sponsor), Councilmember Taplin (Co-Sponsor) Recommendation: In support of the City’s goals as stated in the “General Plan,” “Local Hazard Mitigation Plan,” “Pedestrian Plan,” and “Community Wildfire Protection Plan”, refer to the Fiscal Year 2024 Budget Process an allocation of $150,000 for the installation of lighting, handrails and signage on paths deemed most critical for safe evacuation throughout Berkeley.

Financial Implications: $150,000
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Approved recommendation.

Council Consent Items
Tuesday, April 11, 2023 MINUTES Page 17

34. Approval of the Public Bank East Bay Viability Study (Reviewed by the Budget & Finance Committee)
From: Councilmember Robinson (Author), Mayor Arreguin (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor) Recommendation: Refer to the Budget & Finance Policy Subcommittee to review and discuss the Public Bank East Bay Viability Study and consider the following recommendations for the full Council: (1) Adopt a resolution formally adopting the viability study; (2) Adopt a resolution of intention to form the Public Bank East Bay alongside Oakland & Richmond; (3) Refer to the City Manager to coordinate with the Friends of the Public Bank of the East Bay and the staff of the cities of Oakland and Richmond on the development of a business plan for the Public Bank of the East Bay, or designate the appropriate staff to do so; (4) Refer to the City Manager to engage an independent consultant with expertise in banking operations and financing to advise city staff as they coordinate with the Friends of the Public Bank East Bay and participating jurisdictions in the production of a business plan for a public bank
Policy Committee Recommendation: To send the item to Council with a positive recommendation.

Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Moved to Action Calendar. 3 speakers. M/S/C (Robinson/Arreguin) to approve the item and adopt Resolution No. 70,773–N.S. (Viability Study), and Resolution No. 70,774–N.S. (Resolution of Intention), as recommended by the Budget & Finance Committee.

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

Action: M/S/C (Arreguin/Robinson) to suspend the rules and extend the meeting to 11:40 p.m.

Vote: All Ayes.

35. Budget Referral: Fully fund the City’s 50-50 Sidewalk Repair Program From: Councilmember Humbert (Author), Councilmember Robinson (Co- Sponsor)
Recommendation: Refer $2.2 million to the FY 24 Mid-Biennial Budget Update for the purpose of fully funding clearance of the existing backlog in Berkeley’s 50-50 Sidewalk Repair Program. Refer an additional $1 million per year (above the existing $1 million baseline funding for sidewalk repair) to future budget processes to ensure all of Berkeley’s sidewalks are kept in a state of good repair.

Financial Implications: See report
Contact: Mark Humbert, Councilmember, District 8, (510) 981-7180 Action: Councilmembers Wengraf and Bartlett added as co-sponsors. Approved recommendation.

Recess 8:38 p.m. – 8:52 p.m.

Action Calendar – Old Business
Tuesday, April 11, 2023 MINUTES Page 18

36. Adopt Ordinance Adding Chapter 2.102 to the Berkeley Municipal Code to Establish a Labor Peace Policy Minimizing Labor/Management Conflict in Berkeley Marina Zone (Continued from March 21, 2023) (Item Contains Revised Material)
From: Councilmember Harrison (Author), Mayor Arreguin (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Adopt Ordinance Adding Chapter 2.102 to the Berkeley Municipal Code (BMC) to Establish a Labor Peace Policy minimizing labor/management conflict in Berkeley Marina Zone.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: 0 speakers. M/S/C (Arreguin/Hahn) to adopt first reading of Ordinance No. 7,859–N.S. as revised in Supplemental Communications Packet #1 from Councilmember Harrison. Second reading scheduled for April 25, 2023.

Vote: All Ayes.

Action Calendar – New Business

37. Unfunded Liability Obligations and Unfunded Infrastructure Needs From: City Manager
Recommendation: That the City Council takes the following actions:

1. Accept the Unfunded Liability Obligations and Unfunded Infrastructure Needs report;

2. Receive a presentation on Pensions and Other-Post Employment Benefits tonight and provide staff with direction;

3. Schedule for either the April 25, 2023 City Council Meeting or at a later date to be determined a presentation and discussion on Unfunded Infrastructure Needs.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: 0 speakers. M/S/C (Arreguin/Hahn) to refer Item 37 to the Agenda & Rules Committee for future scheduling.

Vote: All Ayes.
38a. Recommendation for RV Lot and Waste Management on Streets for RVs From: Homeless Services Panel of Experts
Recommendation: The Homeless Services Panel of Experts recommends to Council that they refer to staff to expedite all efforts to identify a location for another RV lot(s) to take the place of the now closed SPARK lot at 742 Grayson and that the new lot identified require mandatory safety inspections and fire extinguishers to be provided. The Homeless Services Panel of Experts further recommends that Council refer to staff to develop a waste management plan to be implemented for RVs currently on the streets.

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

Action Calendar – New Business
Tuesday, April 11, 2023 MINUTES Page 19
38b. Companion Report to Recommendation for RV Lot and Waste Management on Streets for RVs
From: City Manager
Recommendation: Refer the Homeless Services Panel of Experts’ recommendation to identify and expedite a new safe RV parking location/program and develop a waste management plan for RVs on the streets to the Budget and Finance Policy Committee for consideration alongside all other homeless services priorities in the budget process.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Item 38b moved to Consent Calendar. Approved recommendation. 39a. Referral of two health educator positions to the COB FY 2024 budget process From: Peace and Justice Commission
Recommendation: Refer to the budget process a request for estimated $150,000 annually, beginning in FY 2024 or as early as the AAO #2 process in spring 2023, for staffing, materials, and supplies to be able to more broadly and flexibly conduct health education, prevention, and outreach to reduce health disparities, as proposed by the Peace and Justice Commission.

Financial Implications: See report
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100 39b. Companion Report: Referral of two health educator positions to the COB FY 2024 budget process
From: City Manager
Recommendation: Refer to the Peace and Justice Commission’s request for $150,000 annually for staffing, materials, and supplies for health education and outreach to the Budget and Finance Policy Committee for further deliberation.

Financial Implications: None
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Item 39b moved to Consent Calendar. Approved recommendation.

Information Reports

40. Environment and Climate Commission 2023 Work Plan
From: Environment and Climate Commission
Contact: Billi Romain, Commission Secretary, (510) 981-7400 Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 4 speakers.

Adjournment
Adjourned at 11:40 p.m.

Tuesday, April 11, 2023 MINUTES Page 20
Communications
Unhoused Attacking Community Members

1. Diana Lui, Creative Director, Asha Tea House

2. Sergeant Kevin Kleepe, Community Service Bureau, Special Response Team with City of Berkeley Police Department (2)

3. Anna Weinstein
BART Development

4. Tom Athanasiou

5. Netsy Firestein

6. Stephanie Roth

7. Gerry Tierney

8. Greg Castillo

9. Matthew Wadlund

10.Pablo Diza-Gutierrez

11.Julie Goldobin

12.Lee Bishop

13.Andrea Horbinski

14.Teresa Clarke
Golden Bear Housing

15.Peter Radu, Manager of Neighborhood Service

16.Becca Sullivan
Aquatic Park Fish Die-Off

17.Melinda Howard-Herrarte, on behalf of Northern Alameda County Group Gender Based Domestic Violence

18.Cameron Johnson, on behalf of Homeless Services Panel of Experts Recycling

19.David Lerman (2)

20.Heather Kay
Fire Evacuation & Emergency Service Routes

21.Margot Smith, on behalf of Commission on Aging
CDC Maternal Mortality Rates 2021

22.Carole Marasovic
Chipper Postcard Mailer

23.David Sprague, Interim Fire Chief
Creating Quiet Zones

24.Amir Gholi

Tuesday, April 11, 2023 MINUTES Page 21
Add Domestic Violence Department Back to Berkeley Police Department

25.Mee345@ (2)
Public Comment at Council Meetings

26.Vivian Warkentin
Support Hybrid Meetings

27.Ardys D.

Garbage Rates

28.Marilyn Kwock

29.Donna Hemmila

30.Robert Lauriston

31.Pamela Michaud

32.Eric Friedman
Fixed Video Surveillance Cameras

33.Hansel Alejandro Aguilar, Director of Police Accountability

34.Jen Louis, Interim Police Chief
Senior Centers

35.Eileen Hughes

36.Wendy Alfsen

37.Jamal Williams
Offer to Present Center Street Greenway

38.Kirstin Miller, on behalf of Ecocity Builders
Harriet Tubman Apartments

39.Moni Law

40.Christoverre Kohler
Support for Ebike Rebate & Bike Storage

41.Tom Lent and Liza Lutzker, on behalf of Walk Bike Berkeley Regulate Pesticides

42.Maya Cohen
Ohlone Greenway at North Berkeley BART

43.Charles Siegel
Golden Gate Fields/Horses

44.Angie Bushby

45.Melissa Mangini

46.Nancy Veerhusen

47.Marisa Menedez

Tuesday, April 11, 2023 MINUTES Page 22

48.Dale A

49.Jennifer Milliken
Residential Vacancy Rates

50.Gregory Kalkanis
Keep Innovations in Berkeley Initiative

51.Wesly Jackson, on behalf of Valitor
Banning the Retail Sale of Animals

52.Laura Ide
People’s Park Anniversary Needs Porta-Potties

53.Hali Hammer
Shattuck Avenue Building Heights

54.Larisa Cummings
Berkeley Municipal Code 7.72

55.Narelia
Fraudulent Sale of 1590 Oregon to Avoid Taxes

56.George Wolff
Tibetan National Flag Raising Ceremony

57.Jinpa Tharchin, on behalf of Tibetan Association of Northern California Berkeley’s Mansion Tax

58.Fred Dodsworth
American For Responsible Technology

59.Vivian Warkentin
Restore and Daylight Strawberry Creek

60.Pamela Drake
Trash Pickup at Sweet Green Restaurant

61. Chris Cook
Proclamation for 100 Years of Age Berkeley Resident

62.Berkeley’s Mayor Office
Storm Situation Update for March 27 to March 28, 2023

63.Dee Williams-Ridley, City Manager
URL’s Only

Tuesday, April 11, 2023 MINUTES Page 23

64.Vivian Warkentin (4)

65.Fred Dodsworth
Supplemental Communications and Reports 1
Item #19: Establishment of Fred Ross Memorial Bench in Cesar Chavez Park

66.Louis Freedberg
Item #29: Proclaiming May as Jewish American Heritage Month

67.Eric Friedman
Item #31: Budget Referral: Funds to Study Berkeley’s Affordable and Social Housing Needs and Programmatic and Funding Opportunities and Improvements

68.Supplemental material, submitted by Councilmember Hahn Item #33 & #35: Budget Referrals: $150,000 for Handrails, Lights and Signage for City Pedestrian Path Network AND Fully Fund the City’s 50-50 Sidewalk Repair Program

69.Ken Hecht

70.Sandy Young and Timothy Moder

71.Hayne Leland

72.David Esler

73.John Vias
Item #36: Adopt Ordinance Adding Chapter 2.102 to the Berkeley Municipal Code to Establish a Labor/Management Conflict in Berkeley Marina Zone

74.Revised material, submitted by Councilmember Harrison Supplemental Communications and Reports 2
Item #19: Establishment of Fred Ross Memorial Bench in Cesar Chavez Park

75.Margo Feinberg (2)
Item #25: Referral $100,000 to the June, 2023 Budget Process to Design a Comprehensive Berkeley Police Early Intervention and Risk Management System

76.Revised material, submitted by Councilmember Harrison Item #29: Proclaiming May as Jewish American Heritage Month

77.Melissa Chapman
Item #31: Budget Referral: Funds to Study Berkeley’s Affordable and Social Housing Needs and Programmatic and Funding Opportunities and Improvements

78.Supplemental material, submitted by Councilmember Hahn

79.Xavier Johnson

Tuesday, April 11, 2023 MINUTES Page 24
Item #32: Budget Referral: $30,000 for Yield Signs at Two Unmarked Intersections

80.John Sterns

81.Arshad (Paku) Khan
Item #33 Budget Referral: $150,000 for Handrails, Lights and Signage for City Pedestrian Path Network

82.Tamara Gurin
Urgent Item: Declaring Daniel Ellsberg Week

83.Submitted by Councilmember Hahn
Urgent Item: Sending a letter to Assemblymembers Friedman and Wicks to request Berkeley’s Inclusion in AB 645 (Speed Safety System Pilot Programs)

84.Submitted by Councilmember Humbert
Supplemental Communications and Reports 3
Item 22: Referral to the June 2023 Budget Process to Increase Capacity for Berkeley Community Media

85.Helen Walsh
Item #26: Referring $579,000 to the June 2023 Budget Process for Staffing Costs Associated with Acquisition of and Prevent of Displacement from Multi-Family Housing

86.Igor Tregub, on behalf of CADEM Renters Council
Item #33: Budget Referral: $150,000 for Handrails, Lights and Signage for City Pedestrian Path Network

87.Tina de Benedictis

88.Kathy Baylor

89.Beth Feingold

90.Sandra Curtis

91.Jacqueline Wilson

92.Madeline Jay

93.Boseanne Packard

94.Carol Hirth

95.Michael Travis and Linda Skory

96.Nancy Rader

97.Charlene Woodcock

98.Ednah Beth Friedman

99.Robert Dering
100. Nancy Rubin
101. Phyllis Rothman
102. Lizbeth Langston
103. Kay Englund
104. Nick Gross
105. David Hillis
106. Wayne Huber

Tuesday, April 11, 2023 MINUTES Page 25
107. Chris Samuel
108. Monika Mann
109. Andrea Foley
110. Charles Fleming
111. Johan Dowdy
112. Sarah Watts
113. Judy Krolikowski
114. Tamara Gurin
115. Elizabeth Crews
116. 133 similarly-worded form letters
Item 34: Approval of the Public Bank East Bay Viability Study 117. Roger Hallsten
118. Kathryn Snowden
119. Jenny Wenk
120. Laura Klein
Urgent Items
Urgent Item: Declaring Daniel Ellsberg Week
121. Mary Rose
Miscellaneous Items
Current Events
122. Eid

Thursday, April 13, 2023 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
THURSDAY, APRIL 13, 2023
3:00 P.M.

REDWOOD ROOM – 2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

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
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 encouraged.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1618017241. 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 1-669-254-5252 or 1- 833-568-8864 (Toll Free) and enter Meeting ID: 161 801 7241. 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 and applicable Executive Orders as issued by the Governor that are currently in effect. 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.

Attachment 2

Thursday, April 13, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 3:05 p.m.

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

Absent: Kesarwani, Taplin
Councilmember Taplin present at 3:09 p.m.

Councilmember Kesarwani present at 5:00 p.m.

Public Comment - Limited to items on this agenda only – 25 speakers CLOSED SESSION:

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

1. PUBLIC EMPLOYEE APPOINTMENTS PURSUANT TO GOVERNMENT CODE SECTION 54957(b):
a. Title of position to be filled: Fire Chief
Action: No reportable action taken.
b. Title of position to be filled: Chief of Police
Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

Adjournment
Adjourned at 7:00 p.m.

I hereby certify that the forgoing is a true and correct record of the closed session meeting held on April 13, 2023.
_________________________
Mark Numainville, City Clerk
Communications
 None

Thursday, April 13, 2023 MINUTES Page 3
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1.b.: Public Employee Appointments Pursuant to Government Code Section 54957(b) b. Title of position to be filled: Chief of Police

1. Starchild

2. Trach Rosenberg

3. Janice Schroeder

4. Diana Bohn

5. Elizabeth Ferguson

6. Phoebe Anne Sorgen

7. Zipporah Collins

8. Mary Ann Meany

9. Jack Kurzweil

10.Kelly Hammargren

11.Cindy Shamban

12.Sally Nelson

13.Tobey Wiebe

14.Holly Scheider

15.Todd Andrew (2)

16.Karl Knobler

17.Elena Auerbach

18.Catherine Huchting

19.Max Ventura
Supplemental Communications and Reports 3
Item #1.b.: Public Employee Appointments Pursuant to Government Code Section 54957(b) b. Title of position to be filled: Chief of Police

20.Hansel Aguilar

21.Mati Teiblum

22.Moni Law

23.Cat Zavis

24.Summer Brenner

25.Debbie Perkins-Kalama

26.Diana Bohn (2)

27.Mary-Lee Kimber Smith

28.Paul Lee

Monday, April 17, 2023 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
MONDAY, APRIL 17, 2023
3:00 P.M.

CYPRESS ROOM – 2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

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
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 encouraged.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1606367861. 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 1-669-254-5252 or 1- 833-568-8864 (Toll Free) and enter Meeting ID: 160 636 7861. 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 and applicable Executive Orders as issued by the Governor that are currently in effect. 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.

Attachment 3

Monday, April 17, 2023 MINUTES Page 2
Preliminary Matters
Action: M/S/C (Arreguin/Robinson) to approve the request of Councilmember Harrison to participate in the meeting remotely for just cause pursuant to the Brown Act as amended by AB 2449.

Vote: All Ayes.

Roll Call: 3:15 p.m.

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

Absent: None
Public Comment - Limited to items on this agenda only – 1 speaker CLOSED SESSION:

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

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
a. In Re: National Prescription Opiate Litigation, United States District Court, Northern District of Ohio, Eastern Division, MDL 2804, Case No. 1:17-MD-2804. Discussion and direction whether to register as an eligible Non-Litigating Subdivision to participate in the nationwide settlements that are proposed to resolve all opioids litigation brought by states and local political subdivisions against three pharmacy chains—CVS, Walgreens, and Walmart—and two manufacturers— Allergan and Teva. https://oag.ca.gov/opioids and https://nationalopioidsettlement.com/ Action: No reportable action taken.
b. Ruegg & Ellsworth v. City of Berkeley, Alameda County Superior Court, Case No. RG18930003 Action: No reportable action taken.

2. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
a. Property address: 3100 Adeline Street, Berkeley, California (Ashby BART) Agency Negotiators: Dee Williams-Ridley, City Manager; LaTanya Bellow, Deputy City Manager; Jordan Klein, Director of Planning &
Development; Lisa Warhuus, Director of Health, Housing & Community Services
Negotiating parties: City of Berkeley; Bay Area Rapid Transit District Property owner: City of Berkeley
Under negotiation: Price and terms
Action: No reportable action taken.

Councilmember Kesarwani absent 5:42 p.m. – 6:58 p.m.

Monday, April 17, 2023 MINUTES Page 3

3. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Dee Williams-Ridley, City Manager, Anne Cardwell, Deputy City Manager, LaTanya Bellow, Deputy City Manager, Aram Kouyoumdjian, Human Resources Director, Dawud Brewer, Employee Relations Manager, Jonathan Holtzman, Renee Public Law Group.

Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F. (Fire Officers), Berkeley Fire Fighters Association, Local 1227 I.A.F.F. (Firefighters); Berkeley Police Association Councilmember Harrison absent 5:52 p.m. – 6:58 p.m.

Councilmember Wengraf absent 6:28 p.m. – 6:58 p.m.

Councilmember Taplin absent 6:35 p.m. – 6:58 p.m.

Councilmember Hahn absent at 6:58 p.m.

Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

Adjournment
Adjourned at 6:58 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on April 17, 2023.
_________________________
Mark Numainville, City Clerk

Tuesday, April 25, 2023 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, April 25, 2023
5:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

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
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 encouraged. If you are feeling sick, please do not attend the meeting in person.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1606229605. 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 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 622 9605. 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 and applicable Executive Orders as issued by the Governor that are currently in effect. 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, April 25, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 5:05 p.m.

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

Absent: Kesarwani, Bartlett
Councilmember Bartlett present at 5:29 p.m.

Councilmember Kesarwani present at 5:38 p.m.

Action Calendar – New Business

1. 2023 City Council Referral Prioritization Process Using Re-Weighted Range Voting (RRV)
From: City Manager
Recommendation: Review the completed Re-Weighted Range Voting (RRV) rankings for all outstanding City Council referrals and adopt a Resolution approving the list of prioritized referrals to city staff.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: 1 speaker. M/S/C (Arreguin/Wengraf) to adopt Resolution No. 70,775–N.S. approving the list of prioritized referrals with the following amendments. #7 BUSD Service Requests - moved to short term list
#33 All-Home CA - moved to short term list
#44 Residential Renovations - referred to the Objective Standards Project #30 West Berkeley Service Center - removed from the list #47 AC Transit Agreement - removed from the list
Vote: All Ayes.

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

Vote: All Ayes.

Adjourned at 6:19 p.m.

Communications
 None
Supplemental Communications and Reports 1
 None

Tuesday, April 25, 2023 MINUTES Page 3
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #1: 2023 City Council Referral Prioritization Process Using Re-Weighted Range Voting (RRV)

1. Presentation, submitted by the City Clerk

Tuesday, April 25, 2023 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, April 25, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

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
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 encouraged. If you are feeling sick, please do not attend the meeting in person.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1606229605. 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 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 622 9605. 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 and applicable Executive Orders as issued by the Governor that are currently in effect. 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, April 25, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:19 p.m.

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

Absent: None
Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

Ceremonial Matters:

1. Official Welcome for Mayor Victor Hugo Tejada of Las Vegas, Santa Barbara, Honduras

2. Recognition of the 100 th Birthday of Obeline Shelton

3. Recognition of Daniel Ellsberg Week

4. Adjourn in Memory of Eleanor Walden, Local Activist and Former Rent Board Commissioner

5. Adjourn in Memory of Elliot Halpern, Local Activist
City Manager Comments:

The City Manager provided an update on the Reimagining Public Safety Project and the Homeless Response Team.

Public Comment on Non-Agenda Matters: 9 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 12 speakers.

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

Vote: All Ayes.

Consent Calendar
Tuesday, April 25, 2023 MINUTES Page 3

1. Lease Amendment: Cazadero Performing Arts Camp (CPAC), 5385 Cazadero Hwy, Cazadero, CA 95421
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,858-N.S. authorizing the City Manager to execute an amendment to a lease agreement with Cazadero Performing Arts Camp, at 5385 Cazadero Hwy, Cazadero, CA 95421, for City to disburse up to $400,000 to tenant to implement capital improvements to satisfy City’s obligations under the lease.

First Reading Vote: All Ayes.

Financial Implications: Measure T1 Fund - $400,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted second reading of Ordinance No. 7,858–N.S.

2. Adopt Ordinance Adding Chapter 2.102 to the Berkeley Municipal Code to Establish a Labor Peace Policy Minimizing Labor/Management Conflict in Berkeley Marina Zone
From: Councilmember Harrison (Author), Mayor Arreguin (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Adopt second reading of Ordinance No. 7,859-N.S. Adding Chapter 2.102 to the Berkeley Municipal Code (BMC) to Establish a Labor Peace Policy minimizing labor/management conflict in Berkeley Marina Zone.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Adopted second reading of Ordinance No. 7,859–N.S.

3. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on April 25, 2023
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: General Fund - $2,035,590
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

Consent Calendar
Tuesday, April 25, 2023 MINUTES Page 4

4. Grant Application: Funding from the Federal Emergency Management Agency (FEMA) to Hire Additional Firefighters
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from FEMA for up to $5,093,748 with no matching City funds to hire six additional firefighters to help the City meet the National Fire Protection Association (NFPA) 1710 Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments and to partially accomplish one of the recommendations from the City Gate, LLC Standards of Coverage and Community Risk Assessment.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,776–N.S.

5. Extension of the Alameda County Abandoned Vehicle Abatement Program From: City Manager
Recommendation: Adopt a Resolution approving the extension of the Alameda County Abandoned Vehicle Abatement Program through May 31, 2033, and directing the City Manager to take any actions necessary, including executing any resultant agreements, to extend this program and secure related funding.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,777–N.S.

6. Revenue Contract: Alameda County for Vector Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Alameda County for the Vector Program in the Environmental Health Division of the Health, Housing, and Community Services Department; to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $1,050,000 for FY2022 through FY2024 to be deposited in Fund 325 (Vector Control); and implement the projects and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,778–N.S.

Consent Calendar
Tuesday, April 25, 2023 MINUTES Page 5

7. Contracts: Freitas Landscaping and Pacific Site Management for On-Call Vegetation Management Services
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager or her designee to execute the following contracts and any amendments for on-call landscape vegetation management and removal in City-owned parks, pathways, and landscaped areas over a period of three years, with an option to extend the contract for two additional one-year terms, for a total amount not to exceed $1,200,000: 1.

Freitas Landscaping and Maintenance, for an amount not to exceed $600,000; and

2. Pacific Site Management, for an amount not to exceed $600,000.

Financial Implications: Various Funds - $1,200,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,779–N.S. (Freitas) and Resolution No. 70,780– N.S. (Pacific Site).

8. Contracts: Redwood Engineering and OBS Engineering for As-Needed Irrigation Services
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for irrigation repair and improvement services as-needed, for contract periods of May 15, 2023 to May 15, 2026: 1. Redwood Engineering Construction, for an amount not to exceed $100,000; and 2. OBS Engineering Incorporated, for an amount not to exceed $100,000.

Financial Implications: Various Funds - $200,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,781–N.S. (Redwood) and Resolution No. 70,782–N.S. (OBS).

9. Contract No. 32200178 Amendment: Mountain Valley Environmental Services for Chief Water Plant Operator Services for Berkeley Tuolumne Camp From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200178 with Mountain Valley Environmental Services for Chief Water Plant Operator Services for Berkeley Tuolumne Camp, increasing the amount by $120,000 for a total not-to-exceed contract amount of $169,900.

Financial Implications: Camps Fund - $120,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,783–N.S.

Consent Calendar
Tuesday, April 25, 2023 MINUTES Page 6

10. Grant Application: Clean California Local Grant Program – Tom Bates Fields Beautification Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application in the amount of up to $5,000,000 to the Clean California Local Grant Program for the Tom Bates Fields Beautification Project; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,784–N.S.

11. Contract No. 31900207 Amendment: Epic Recruiting for Recruiting, Advertising, and Marketing Strategy for the Berkeley Police Department (BPD) From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900207 with Epic Recruiting to provide additional recruiting and advertising services for the Berkeley Police Department, in the amount of $100,000 for a total contract amount not to exceed $410,000, and extending the term through April 30, 2024.

Financial Implications: BPD General Fund - $100,000
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 70,785–N.S.

12. Contract: GradeTech Inc. for Restroom in the Right of Way: Channing Way at Telegraph Ave Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Restroom in the Right of Way: Channing Way at Telegraph Ave Project (Project), Specification No. 23-11552-C; 2. Accepting the bid of GradeTech Inc. as the lowest responsive and responsible bidder; and 3. 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, for an amount not to exceed $262,666.

Financial Implications: Various Funds - $262,666
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,786–N.S.

Consent Calendar
Tuesday, April 25, 2023 MINUTES Page 7

13. Contract No. 112199-1 Amendment: Technology, Engineering and Construction, Inc., dba TEC Accutite, for Fuel Storage Tank Maintenance, Repairs, and Certification Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 112199-1 with Technology, Engineering, and Construction, Inc., dba TEC Accutite, for fuel storage tank maintenance, repairs, and certification services, increasing the contract by $164,000 for a total contract amount not to exceed $414,000 and extending the term through June 30, 2024.

Financial Implications: Various Funds - $164,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,787–N.S.

14. Contract No. 112725-1 Amendment: Du-All Safety, LLC for Safety and Training Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 112725-1 with Du-All Safety, LLC for continued safety training and consulting services, increasing the amount by $250,000 for a total contract amount not to exceed $650,000.

Financial Implications: Various Funds - $250,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,788–N.S.

15. Fiscal Year 2024 Street Lighting Assessments – Initiating Proceedings From: City Manager
Recommendation: Adopt two Resolutions describing proposed improvements to be used to determine the annual assessments levied for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District No. 2018, and order the preparation of Engineer’s Reports.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,789–N.S. (District No. 1982-1) and Resolution No. 70,790–N.S. (District No. 2018).

16. Purchase Order Amendment: Diesel Direct West, Inc. to Purchase 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 the purchase of fuel for City vehicles and equipment, increasing the combined amount by $750,000 for a total amount not to exceed $11,494,000.

Financial Implications: Various Funds - $750,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,791–N.S.

Consent Calendar
Tuesday, April 25, 2023 MINUTES Page 8

17. Reject Bids for the MRP Trash Capture FY 2023 Project, Specification No. 23- 11556-C
From: City Manager
Recommendation: Adopt a Resolution rejecting all bids and authorizing the City Manager to re-advertise the work associated with the MRP Trash Capture FY 2023 Project, Specification No. 23-11556-C.

Financial Implications: Staff time
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,792–N.S.

Council Consent Items

18. Resolution to Support AB 441
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution in support of Assembly Bill 441, introduced by Assembly Member Matt Haney, and send a copy of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, and Assembly Members Matt Haney and Buffy Wicks.

Financial Implications: Staff time
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,793–N.S.

19. Budget Referral: Berkeley Marina J&K Parking Lot
From: Councilmember Taplin (Author)
Recommendation: Refer to the Fiscal Year 2024 budget process $1.5 million for design and implemention of the Marina’s J&K Parking Lot reconstruction.

Financial Implications: General Fund - $1,500,000
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation.

20. Budget Referral: Berkeley Waterfront Bike Park
From: Councilmember Taplin (Author), Councilmember Wengraf (Co-Sponsor) Recommendation: Refer to the Fiscal Year 2024 budget process $800,000 to design and implement the construction of a Berkeley Waterfront Bike Park Financial Implications: General Fund - $800,000
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation.

21. Budget Referral: Dreamland for Kids Playground Design From: Councilmember Taplin (Author)
Recommendation: Refer to the Fiscal Year 2024 budget process $300,000 for the conceptual design of the reconstruction of the Dreamland for Kids Playground at Aquatic Park.

Financial Implications: General Fund - $300,000
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation.

Council Consent Items
Tuesday, April 25, 2023 MINUTES Page 9

22. Budget Referral: Shorebird Park Playground Design
From: Councilmember Taplin (Author)
Recommendation: Refer to the Fiscal Year 2024 budget process $200,000 for the conceptual design of the reconstruction of the Shorebird Park Playground.

Financial Implications: General Fund - $200,000
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation.

23. Celebración Cultural Sylvia Mendez (Spring Cultural Celebration) by the Sylvia Mendez School PTA: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Bartlett (Author)
Recommendation: Approve the expenditure of funds, including $1,000 from the discretionary council office budget of Vice Mayor Ben Bartlett, to the Sylvia Mendez Elementary School PTA to host a Spring Cultural Celebration event on April 30, 2023, in the courtyard on campus. The funds will be relinquished to the City’s General Fund from the discretionary council office budget of Vice Mayor Ben Bartlett and the discretionary council office budgets of any other City Councilmembers who would like to contribute.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Adopted Resolution No. 70,794-N.S. amended to include contributions from the following Councilmembers up to the amount listed: Councilmember Harrison - $500; Councilmember Hahn - $250; Councilmember Wengraf - $250; Councilmember Humbert - $250; Councilmember Robinson - $250; Councilmember Taplin - $250.

24. Referral to the June 2023 Budget Process for $100,000 in Traffic Safety Upgrades for the MLK and Haste Intersection
From: Councilmember Harrison (Author)
Recommendation: Referral to the June 2023 Budget Process for $100,000 in traffic safety improvements at MLK and Haste.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Approved recommendation as amended in Supplemental Communications Packet #1 and #2 by Councilmember Harrison.

Council Consent Items
Tuesday, April 25, 2023 MINUTES Page 10

25. Referring $372,000 to the June 2023 Budget Process for Staffing Costs Associated with Administering the Empty Homes Tax
From: Councilmember Harrison (Author)
Recommendation: Refer $372,000 to the June 2023 Budget Process for annual City staffing costs to administer the Empty Homes Tax: Accounting Office Specialist III (Finance) 0.25 FTE - $38,750; Associate Planner (Rent Stabilization Board) 1 FTE - $185,670; Office Specialist II (Rent Stabilization Board); 1 FTE - $115,000 Mailing Costs for Outreach and Noticing (Rent Stabilization Board) $10,000; 7.4% Overhead Costs for Counselors, General Counsel, and Office of Executive Director (Rent Stabilization Board) $22,250.

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

26. Letter in Support of AB 73 (Idaho Stop)
From: Councilmember Robinson (Author), Mayor Arreguin (Co-Sponsor) Recommendation: Send a letter to Assemblymember Tasha Boerner Horvath (cc:

Governor Gavin Newsom, Senator Nancy Skinner, Assemblymember Buffy Wicks) in support of AB 73, which would allow bicyclists 18 years of age and older to treat all- way stop signs as yield signs.

Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Approved recommendation.

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

Recess 7:50 p.m. – 8:14 p.m.

Action Calendar – New Business
Tuesday, April 25, 2023 MINUTES Page 11

27. Proposition 218 Procedures and Five Year Zero Waste Rate Schedule From: City Manager
Recommendation: 1. Adopt a Resolution approving initiation of the Proposition 218 procedures for the proposed Zero Waste Fund Five Year Rate Schedule and adding Zero Waste customers to the City’s Very Low Income Refund program; and

2. Adopt first reading of an Ordinance amending Berkeley Municipal Code Section

12.38.090 to clarify that General Funds may be used to subsidize low income residents.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: 5 speakers. M/S/C (Kesarwani/Taplin) to:

1. Adopt Resolution No. 70,795–N.S. as revised in Supplemental Communications Packet #2 by the City Manager including the road maintenance allocation.

2. Adopt first reading of Ordinance No. 7,860–N.S. Second reading scheduled for May 9, 2023.

3. Request that the City Manager to return to Council in two years, after the Strategic Plan is completed, to review the rates.

4. Refer to the City Manager the four alternatives from the staff report (opt out of service; bi-weekly collection; eliminate 96 gallon bin; surcharge for 64 and 96 gallon bins).

5. Refer to the City Manager analysis of possible solutions for subsidizing smaller bin sizes.

Vote: All Ayes.

Council Action Items

28. Project Manager/Coordinator for potential Alta Bates Hospital Closure From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Direct the City Manager to enter into a contract with CONCUR in an amount of $35,000 to support a Project Manager/Coordinator for the purpose of creating a strategic plan to engage Sutter Health, healthcare expertise and regional communities to alleviate the health impacts as identified in the Health Impact Analysis (HIA), completed by the Institute of Urban and Regional Development, University of California Berkeley in December 2018, by the proposed closure of Alta Bates Hospital. The contract term will be for four (4) months and will be funded from the Mayor’s Office Personnel Budget.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Removed from the agenda by Mayor Arreguin.

Public Comment – Items Not Listed on the Agenda - 2 speakers.

Tuesday, April 25, 2023 MINUTES Page 12
Adjournment
Action: M/S/C (Arreguin/Taplin) to adjourn the meeting.

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

Councilmember Wengraf absent 10:40 p.m. – 10:42 p.m.

Adjourned at 10:42 p.m.

Communications
Item #20: Budget Referral: Berkeley Waterfront Bike Park

1. Dan Leaverton (2)

2. Andrew Graham
2190 Shattuck

3. 20 similarly-worded from letters

4. Eric Johnson

5. Stephanie Beechem

6. John Minot, on behalf of East Bay for Everyone

7. Claude Fischer

8. Erika Shore

9. Inger Acking
Potholes in Berkeley

10.Franziska Raedeker
Homelessness

11.Thom Lauret (2)
Keep Innovation in Berkeley

12.Christine Shirilla, on behalf of Biocom California
Bus Rapid Transit on University

13.John Caner, on behalf of Downtown Berkeley
Hybrid Meetings for the Disabled and Seniors

14.Katharine Bierce
UA Theater

15.Andrea Yankowski

16.Jeffrey Matucha
FireSafe Council

17.Henry DeNero

18.David Sprague, Interim Fire Chief

Tuesday, April 25, 2023 MINUTES Page 13
Paris Bans e-Scooter Rentals

19.Bryce Nesbitt
Support West Berkeley Youth and Seniors in Budget Revision

20.Kieryn Darkwater
No Mail Delivery

21.Dorothea Dorenz
People’s Park

22.Michael Fullerton
Support Wellness and Civility

23.Meg Holm
Dangerous Trees on Public Property

24.David Lerman (2)
South Berkeley 2023 Dilemma

25.Carolyn Moore
BPD Monthly Newsletter – March 2023

26.Dee Williams-Ridley, City Manager
Berkeley Police: Notice of Fatality, Significant or Unusual Incident

27.Dee Williams-Ridley, City Manager (3)
Credit Card Surcharge for Paying Trash Pickup Online

28.Bob Kelson
Rampant Crime in Berkeley

29.Saji Kuman

30.Yolanda Yturralde

31.Shana Fruman
Elected Officials Compensation

32.Eric Swidler

33.Ally Almendarez, on behalf of City of Alameda
Tenants Opportunity to Purchase Act (TOPA)

34.Diana Bohn

35.Hanne Williams-Raron

36.Maria Gerdyman
Harriett Tubman Terrace Apartments

37.Darinxoso Oyamasela

38.Casandra Palanza

Tuesday, April 25, 2023 MINUTES Page 14
Time and Meeting Management Ideas

39.Barbara Gilbert
Parking Enforcement for Bus Stops

40.Kristin Stangl
Women’s Center

41.Mee345@
2580 Bancroft Way #210

42.Leah Naomi Gonzales
Bay Area Book Festival Leadership Transition

43.Cherilyn Parson
Gongju, Sister City – Dog Meat Capital of South Korea

44.33 similarly-worded form letters
URL’s Only

45.Vivian Warkentin (2)

46.Brian Donahue
Supplemental Communications and Reports 1
Item #20: Budget Referral: Berkeley Waterfront Bike Park

47.Julian Foley

48.Benjamin Fry
Item #24: Referral to the June 2023 Budget Process for $100,000 in traffic Safety Upgrades for the MLK and Haste Intersection

49.Supplemental material, submitted by Councilmember Harrison Item #28: Project Manager/Coordinator for potential Alta Bates Hospital Closure

50.Supplemental material, submitted by Mayor Arreguin
Supplemental Communications and Reports 2
Item #24: Referral to the June 2023 Budget Process for $100,000 in traffic Safety Upgrades for the MLK and Haste Intersection

51.Supplemental material, submitted by Councilmember Harrison Item #27: Proposition 218 Procedures and Five Year Zero Waste Rate Schedule

52.Revised material, submitted by Public Works
Supplemental Communications and Reports 3
Item #20: Budget Referral: Berkeley Waterfront Bike Park

53.Revised material, submitted by Councilmember Taplin

Tuesday, April 25, 2023 MINUTES Page 15
Item #24: Referral to the June 2023 Budget Process for $100,000 in traffic Safety Upgrades for the MLK and Haste Intersection

54.Matt O’Brien
Item #26: Letter in Support of AB 73 (Idaho Stop)

55.Candace Hyde-Wang
Item #27: Proposition 218 Procedures and Five Year Zero Waste Rate Schedule

56.Presentation, submitted by Public Works

57.Barbara Gilbert
City Managers Comment Section

58.Presentation on Homeless Response Team Update, submitted by the City Manager Miscellaneous

59.Eviction Moratorium, submitted by the Berkeley Rent Board

60.Message from Eid, submitted by Eid

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

CONSENT CALENDAR
May 23, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Police Accountability Board – Appointment of New Members

RECOMMENDATION
Adopt a Resolution appointing new members to the Police Accountability Board nominated by Councilmember Humbert and Councilmember Hahn.

FISCAL IMPACTS OF RECOMMENDATION
All commissioners are eligible to receive a stipend of $100 per meeting.

CURRENT SITUATION AND ITS EFFECTS
In June of 2021 the Mayor and Members of the City Council nominated and appointed the initial nine members of the PAB and also appointed one alternate commissioner.

There are currently three seats on the PAB that are vacant. The alternate seat is also vacant. In addition, the term of Commissioner Levine expired when Councilmember Humbert was sworn in as the new District 8 Councilmember. Councilmember Humbert may make a new appointment to the PAB.

Commissioner Nominated By
vacant Mayor Arreguin
Cheryl Owens Councilmember Kesarwani
Regina Harris Councilmember Taplin
John Moore Councilmember Bartlett
Kitty Calavita Councilmember Harrison
vacant Councilmember Hahn
Juliet Leftwich Councilmember Wengraf
vacant Councilmember Robinson
Deborah Levine* Councilmember Droste*
vacant Alternate
* Term expired, subject to new appointment by Councilmember Humbert Councilmember Humbert has nominated Bill Williams to serve on the Police Accountability Board. Mr. Williams meets the eligibility criteria in the City Charter and may be appointed by a majority vote of the Council.

Police Accountability Board – Appointment of Members CONSENT CALENDAR May 23, 2023

Councilmember Hahn has nominated Leah Wilson to serve on the Police Accountability Board. Ms. Wilson meets the eligibility criteria in the City Charter and may be appointed by a majority vote of the Council.

The City Charter provides for the appointment of members to the Police Accountability Board. Article XVIII, Section 125, Part 6 states, “The Mayor and each City Councilmember shall nominate one candidate from an applicant pool at a meeting of the City Council and that each individual nominee must be approved by a majority vote of the City Council.”
Members of the Police Accountability Board must:
 Be a resident of the City;
 Be at least 18 years of age
 Not be an employee, officer, or contractor with the City, a current sworn police officer from any agency, or a current employee, official, or representative of an employee association representing sworn police officers; and
 Be fair minded and objective with a demonstrated commitment to community service.

The City Charter indicates that desirable qualities of a Board member are familiarity with human resources, law, police procedures, police oversight, or involvement in civil rights or community organizations and that the City Council shall endeavor to establish a Board that is broadly inclusive and reflective of race, ethnicity, age, gender identity, sexual orientation, economic status, neighborhoods, and various communities of interest in the City.

BACKGROUND
Measure II was adopted on November 3, 2020 by the voters of Berkeley to establish an Office of the Director of Police Accountability and create a new Police Accountability Board (hereafter “Board”), both of which are independent of the City Manager. The members of the Board are approved by vote of the full Council.

All applicants are reviewed and their eligibility is verified by city staff against the requirements of the Charter.

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
The appointment is provided for by the City Charter and pursuant to the nominations submitted by Councilmember Humbert and Councilmember Hahn.

Police Accountability Board – Appointment of Members CONSENT CALENDAR May 23, 2023

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:
1: Resolution

RESOLUTION NO. -N.S.

APPOINTMENT OF WILLIAM WILLIAMS AND LEAH WILSON TO THE POLICE

ACCOUNTABILITY BOARD
WHEREAS, Measure II was adopted on November 3, 2020 by the voters of Berkeley to create a new Police Accountability Board; and
WHEREAS, Article XVIII, Section 125, Part 6 provides for the Council’s appointment of board members; and
WHEREAS, Councilmember Humbert and Councilmember Hahn have submitted a nominee for appointment by the full council; and
NOW THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that the following nominees are hereby appointed to the Police Accountability Board:

Nominee Nominated By
William Williams Councilmember Humbert
Leah Wilson Councilmember Hahn

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

CONSENT CALENDAR
May 23, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Assessments: Telegraph Property Based Business Improvement District

RECOMMENDATION
Adopt a Resolution approving the Telegraph Property Based Business Improvement District (TBID) Annual Report of Fiscal Year (FY) 2023 and proposed budget for FY 2024, and declaring Council’s intention to levy an annual assessment for the TBID for FY 2024.

SUMMARY
The Telegraph Property Based Business Improvement District (TBID or “the District”) provides cleaning, hospitality and marketing services for Berkeley’s Telegraph Avenue commercial district. In May of 2017 the TBID was geographically expanded and renewed for a ten-year period, authorizing operations through December 31, 2027, and designating the Telegraph Property and Business Management Corporation (TPBMC) as the District’s Owners’ Association. Annually, Council must approve the TBID’s annual report and proposed budget and declare its intention to levy an annual assessment.

The City of Berkeley owns one parcel (the Telegraph Channing Parking Garage at 2431 Channing Way) within the boundaries of the TBID and is required by state law to pay the associated assessments. The assessment payment will be $50,576 in FY 2024; in addition, the City will pay the General Benefit portion of the TBID costs, or roughly $29,816.44. The City already makes an annual grant to TBID, through the Public Commons for Everyone Initiative (PCEI), which exceeds this general benefit amount, so there will be no new fiscal impacts related to funding the general benefit.

FISCAL IMPACTS OF RECOMMENDATION
Assessments levied in the Telegraph Property Based Business Improvement District (TBID or “the District”) support a package of improvements and activities approved by the property owners and the City Council when the District was renewed for a ten-year period on May 2, 2017 (Resolution No. 67,940-N.S.). Assessment funds are collected by the Alameda County Assessor’s Office, relayed to the City of Berkeley, and disbursed through a contract with the Telegraph Property and Business Management Corporation (TPBMC), a private owners’ association that was established to implement

Assessments: Telegraph Property Based Business Improvement District CONSENT CALENDAR May 23, 2023

the Management District Plan. TPBMC has an active contract with the City, not to exceed $7,410,024 of BID revenues, to implement the Telegraph Management District Plan for the period January 1, 2018 to December 31, 2027 (Contract No. 10835).

Collections from private parcel assessments (less the county’s collection fee of 1.7%) are projected and budgeted at approximately $560,831 in FY 2024. Collections from tax exempt parcels (owned by the Regents of the University of California and the City of Berkeley) are projected and budgeted at approximately $195,523 in FY 2024. Annual and accrued private parcel assessment funds are deposited into Telegraph BID Fund 784-33-324-342-0000-000-000-412110 and expended from fund 784-21-208-251-0000- 000-446-612990. An annual increase of up to 3% to account for inflation is allowed by the Management District Plan and must be approved by a majority of the TPBMC’s Board of Directors. On April 11, 2023 the TPBMC board met and voted to raise assessments by 3% from the FY23 level due to a variety of factors including the modest increase in previous years. Project funds not spent in any given fiscal year are carried over into future years. TPBMC collects assessments directly from the University of California with no involvement from the City.

Under the provisions of Proposition 218 in the California Constitution, government agencies must pay assessments on properties they own in property-based BIDs, just like private property owners, unless they receive no benefit. Payment is collected from private property owners through property tax bills. Payments are due from non-property tax-paying entities concurrently. The City’s assessment payment in FY 2024 would be $50,576 (increased by $1,473) from the FY2023 assessment of $49,103). The City’s assessment is paid annually directly to the TPBMC through the Off-Street Parking Fund (627-54-622-665-3002-000-474-639990).

The City also pays for the “general benefit” portion of the TBID budget. “General benefits” represent that small portion of the overall benefits generated by a property- based business improvement district which are found to accrue to the general public who are not assessed and do not participate in the economic or social activities of the district. The engineer’s report commissioned for the reestablishment of the TBID in 2017 calculated that the baseline general benefit for the district would be approximately $29,816 annually (adjusted for yearly assessment increases, if any). The City already makes annual grants to the TBID which exceed this amount, so there will be no new fiscal impacts related to funding the general benefit.

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

CURRENT SITUATION AND ITS EFFECTS
State legislation that authorizes formation of property-based business improvement districts (BID) (California Streets and Highways Code, Sections 36600 et. seq.) requires that the BID governing body submit an Annual Report on operations and a budget

Assessments: Telegraph Property Based Business Improvement District CONSENT CALENDAR May 23, 2023

proposal to the City Council each year. The City Council may approve the report with a Resolution to reauthorize the annual assessments.

The Board of Directors of the Telegraph Property and Business Management Corporation (TPBMC), the non-profit that manages the TBID, met in a publicly noticed meeting on April 11, 2023 to review and approve the attached Annual Report for the TBID and Budget for FY 2024 (Exhibit A). The report includes a budget for improvements and activities for FY 2024 and an estimated cost for providing them. The report also recommends that the assessments for FY 2024 be levied on the same basis and method, and within the same boundaries, as they were levied for FY 2023, with a 3% increase (Exhibit B: Telegraph BID FY 2024 Assessment Roll). Council can adopt the recommended Resolution which will confirm the TBID assessment, and thus enable continuous BID operations for another year.

BACKGROUND
The TBID is a benefit assessment district that provides cleaning, hospitality and marketing services for Berkeley’s Telegraph Avenue commercial district. The TBID was created in 1998 pursuant to California’s “Property and Business Improvement District Law of 1994” to provide needed improvements and activities to assessed property owners. Since the initial five-year term, the TBID has been renewed for a second five-year term in 2003, a ten-year term in 2008, and underwent an expansion and ten-year renewal in 2017. As such, the TBID is authorized through 2027 unless action is taken to disestablish it.

In FY 2024, the District has budgeted for approximately $788,376 for the provision of “Clean, Safe, and Beautification” services, communications and economic development, and related management and administration. The FY24 revenue of the TBID is budgeted for approximately $791,938 inclusive of taxable and non-taxable parcels, grants, and private donations, and net of the County 1.7% collection fee on private parcels (Exhibit A).

The Management District Plan that was adopted by Council in 2017 as part of the reestablishment of the District provides a framework and budget for the TBID’s activities, assessment method, and illustrates the TBID boundary and benefit zones.

The Management District Plan provides for services above and beyond those provided by the City of Berkeley. Under “The Right to Vote on Taxes Act” (also known as Proposition 218) all public agencies are required to pay the same assessments for public property that apply to private property. The City owns one property within the district, the Telegraph Channing parking garage at 2431 Channing Way. The FY24 assessment for that property will be $50,576, a $1,473 increase (approximately 3%) from the FY2023 assessment.

In FY 2024, the TBID will continue its ongoing “clean safe and beautification” activities, including ambassador services, graffiti removal, manual sidewalk cleaning and sidewalk pressure washing, hazardous waste cleanup, gutter and storm drain cleaning, street

Assessments: Telegraph Property Based Business Improvement District CONSENT CALENDAR May 23, 2023

sweeping, litter removal, enhanced landscaping and landscape maintenance, and small infrastructure improvements including holiday lights, place-making activities, seasonal promotions, and other special projects. The TBID will also continue its program of communications and community development activities to provide a unified voice to represent the best interests of the assessed parcels, and fulfill a slate of stakeholder communications that support the District’s agenda to attract visitors. The TBID will also continue to liaison and coordinate with other business district organizations, including Visit Berkeley, the Chamber, and the Berkeley Business District Network members to promote local business and commercial development opportunities in Berkeley.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
By maintaining and enhancing the district, the TBID creates shopping opportunities for residents and visitors while encouraging alternative forms of transportation. The District is also served by several AC Transit lines and BART, which provide access to visitors from around the region. Because the District is well served by public transportation and biking infrastructure, these services indirectly support environmental sustainability goals of encouraging alternative transportation choices.

RATIONALE FOR RECOMMENDATION
The Property and Business Improvement District Law of 1994 requires that the BID Board prepare an Annual Report for each fiscal year in which assessments are to be levied. Council action is required to approve the BID’s Annual Report, and declare its intent to levy assessments. This private/public partnership will continue to provide significant resources for Telegraph area revitalization, which has had a positive effect on the physical and economic health of the district.

ALTERNATIVE ACTIONS CONSIDERED
The Board of the TBID considered a range between 1.5% and 3% increase in assessment rates but instead decided to opt for a 3% increase (the maximum allowable is 3%) to its existing assessment rate, in order to make adequate investments in expanded capacity of the Ambassador Program, deliver robust events, and increase marketing efforts to promote district businesses.

CONTACT PERSON
Kieron Slaughter, Office of Economic Development, (510) 981-2490 Attachments:

1. Resolution Approving the Annual Report and Levy of Assessments for the Telegraph Property and Business Improvement District
Exhibit A: Telegraph Property and Business Improvement District: Annual Report 2023 and Budget FY 2024
Exhibit B: Telegraph Property and Business Improvement District FY2024 Assessments

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

APPROVING THE ANNUAL REPORT OF THE TELEGRAPH BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2023 AND DECLARING INTENT TO LEVY ASSESSMENTS FOR FISCAL YEAR 2024
WHEREAS, the Property and Business Improvement District Law of 1994 (California Streets and Highways Code section 36600 et Seq., hereafter the “Act”) authorizes cities to fund property related improvements, maintenance and activities through the levy of assessments upon the real property that benefits from those assessments; and WHEREAS, after ten years of successful operation, on May 2, 2017 the Berkeley City Council reestablished the Telegraph Business Improvement District (hereafter, “the District”) for an additional ten-year period by Resolution No. 67,940-N.S.; and WHEREAS, on April 11, 2023 the Board of Directors of the Telegraph BID adopted the Annual Report to the City of Berkeley FY 2023 (hereafter “Annual Report”) that describes the operations of the District in FY 2023, recommends services for FY 2024 and proposes a budget for FY 2024 (Exhibit A); and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that pursuant to provisions of Section 36600 et. seq. of the California Streets and Highways Code, the City Council approves the Annual Report (Exhibit A) and declares its intent to levy special assessments on property within the boundaries of the District for FY 2024.

BE IT FURTHER RESOLVED that that the boundaries of the District and the method and basis for the assessment remain the same as those set forth and approved in the Management District Plan (Plan) that was adopted on May 2, 2017, when Council renewed the Telegraph BID through Resolution No. 67,940-N.S.

BE IT FURTHER RESOLVED that the improvements and activities to be provided are those described in the Plan and the Annual Report.

BE IT FURTHER RESOLVED that the cost of providing the improvements and activities is as described in the budget that accompanies the Annual Report.

BE IT FURTHER RESOLVED that to finance these improvements and activities, the Annual Report and Budget includes a 3% increase to the assessment rate for FY 2024. Following adoption of this resolution, the City Council may confirm the Annual Report and levy assessments for FY2024 and confirm disbursement of TBID assessment revenue to the Telegraph Property and Business Management Corporation provided for in Contract No.10835.

Exhibits:

A: TBID Annual Report for FY 2023 and Proposed Budget for FY 2024 B: TBID Assessment Roll FY 2024

EXHIBIT A
Annual Report of the Telegraph Property and Business Improvement District for Fiscal Year 2022-2023 (FY23)

The Telegraph Property and Business Improvement District (TBID), managed by the Telegraph Property and Business Management Corporation (TPBMC), was renewed for a ten-year period by an affirmative vote of the property owners of the Telegraph commercial district by mail-in ballot in the spring of 2017. This vote was affirmed without protest by the City Council on May 2, 2017. This report is for the fiscal year (FY23) starting July 1, 2022 and ending June 30, 2023 of this ten-year period.

In accordance with 36650 (b) of the Streets and Highway Code for the State of California, the TPBMC affirms the following:

1. The TPBMC proposes no changes in TBID boundaries for the 2023-24 fiscal year (abbreviated “FY”).

2. The TPBMC will continue to provide the same services as has been outlined in the Management District Plan of September 21, 2016. These services include street and sidewalk cleaning and beautification, marketing and promotions, decoration, and maintenance of a district office.

3. The budget for FY 2023-2024 approved by the TPBMC Board of Directors on April 11, 2023 provides for $788,375.59 in expenditures and $791,938.50 in revenues. An estimated $5,006.70 of net revenue from FY 2023 will carry over to FY 2024.

4. On April 11, 2023, the TPBMC Board of Directors approved a 3% assessment rate increase for FY 2023-24, as allowed in the Management District Plan.

5. In addition to assessments levied on real property, including the City-owned Telegraph Channing Garage, FY 2024 income will be derived from the following sources: (1) an annual contribution from University of California of $135,510.44; (2) PCEI (Public Commons for Everyone Initiative) grant funds from the City of Berkeley of $49,139; (3) the fiscal sponsorship fee of $1,250 from the Solano Business Improvement District; and (4) anticipated grants and private donations, for special programs.

Based on the TBID Strategic Plan that was developed in 2016 and updated in 2018, the TBID has six strategic goals.

1. Improve the pedestrian environment

2. Support businesses, non-profits, and residents within the District

3. Make the District more accessible (bicycling, parking, and transit)

4. Improve the Telegraph brand through marketing, events, and promotions

5. Better serve District stakeholders as a convener and advocate on issues that impact the success of the District

6. Develop and foster a vibrant destination and experience (including nightlife; diversity of programs, venues, and activities)

EXHIBIT A
Annual Report of the Telegraph Property and Business Improvement District for Fiscal Year 2022-2023 (FY23)

FY 2023 - 2024 Budget of the Telegraph Property and Business Improvement District

Revenue
Tax Assessments TBID Members $550,362.86
Tax Assessments -COB Property $50,576.20
Tax Assessment - UC Berkeley $135,510.44
City of Berkeley - PCEI Grant $49,139.00
City of Berkeley Events Grant $5,000.00
Solano BID Fiscal Sponsorship $1,250.00
Interest $100.00
Total Revenue $791,938.50

Expenses
Administration $231,829.43
Maintenance $512,716.16
Marketing $19,830.00
Events $24,000.00
Total Expenses $788,375.59

The TBID board of directors established a Capital Improvements Fund in FY22 with a starting balance of $45,000. The fund is part of the organization’s Clean, Safe & Beautification budget and is used for the purchase, maintenance, and replacement of art and special projects in the public realm. Anticipated projects that will be supported by the fund in FY24 include: decorative wrap for the new 24/7 public restroom, peace symbol bike rack installations, and sidewalk planter improvements.

FY23 Accomplishments and FY24 Planned Activities
The following is a summary of the activities that the TBID undertook in Fiscal Year 2022-23 to further their strategic goals, and the planned activities for Fiscal Year 2023-2024:

1. Improve the pedestrian environment

● Installed ten new self- watering sidewalk planters in various locations around the district. The new planters have a variety of decorative plants from a local nursery and have greatly improved the aesthetics of the streetscape. Additional planter installations are planned in 2023 with ongoing maintenance provided by the Telegraph Ambassadors.
● Utilized the casements on Dwight and Telegraph as well as Bancroft and Telegraph to advertise the Telegraph Boba Day event highlighting the district’s 11 boba shops in the Spring and Second Sundays two -event pilot that hosted free carnival games and

EXHIBIT A
Annual Report of the Telegraph Property and Business Improvement District for Fiscal Year 2022-2023 (FY23)

live circus performances in the fall. When no events are on display, evergreen posters are used to welcome visitors to the Avenue and promote the History Tour. ● Coordinated with Berkeley Public Works to advance the 24/7 public restroom project.

The new Portland Loo unit is scheduled for installment in late 2023 and the TBID is collaborating with the City to implement a maintenance and staffing plan. We are commissioning a decorative vinyl wrap for the restroom working with Forrest Kell, the artist who painted the Mars Mural.
● Supported the approval process for phase 2 IKE Smart City kiosks in the district. Our ongoing partnership with IKE, City of Berkeley, and Visit B erkeley is focused on installation of two more kiosks, and leveraging the platform as a communications and economic development tool for the district.
● Continued the annual holiday pole light decorations and year-round banner program.

The TBID is currently reviewing and developing options for new banners with artistic local themes and university messaging.
● Provided advice and guidance to merchants and property owners navigating quality of life, crime and public safety issues. Continuing to facilitate routine coordination between Telegraph Ambassadors and social and public safety services from the City and University.
● Enhanced merchant and visitor safety with dedicated prevention efforts and active incident response by Telegraph Ambassadors. The addition of a new utility cart has increased the team’s capacity and improved service delivery.

2. Support businesses, non-profits, and residents within the District

● Continued our partnership with UC Berkeley New Student Services on the New Student Dine-Around for the Fall ’22 and Spring ‘23 Golden Bear Orientation. Over $100,000 of program funds were paid directly to 20 participating restaurants in the district that served 5,400 meals to incoming students.
● Continued support of the Visit Berkeley’s rollout of Berkeley Bucks program, pitching the program and connecting Visit Berkeley to new businesses who may be interested in signing up. There are currently 14 businesses on Telegraph that accept Berkeley Bucks.
● Grew Instagram content creators collaborations to support campaigns such as Telegraph Boba Day ‘22 event, Summer ‘22, Sunday Streets events, and created a custom 12 days of Christmas for the district highlighting 23 businesses over 12 days of reels. Our roster of content creators is expanding and others are starting to reach out to TBID for partnership as our influence grows on social media. ● Continued individualized social media support/consultation to merchants. Audited social media presence for business accounts, provided tutorials for tips and tricks to boost engagement and created content for several businesses including - Mt Everest, Sourdough & Co, Koja Kitchen, Champions Curry, L’Gusto, Bears Ramen House, Taco Sinaloa and others.

EXHIBIT A
Annual Report of the Telegraph Property and Business Improvement District for Fiscal Year 2022-2023 (FY23)

● Spotlight on grand openings of new businesses. Highlighted Mosaic Boulders, Gameday VR, L’Gusto Mexican Fusion, and Champions Curry. The TBID also created a playbook for future commercial ‘grand openings’ in the district. The TBID is currently preparing for upcoming events by establishing relationships and welcoming new businesses including Every Day Table, Crumble, Wow Wow Lemonade, and others.
● Maintained direct lines of communication with merchants and property owners to navigate safety concerns, connect with public services, and respond to concerns on a range of issues from permits, utility/infrastructure projects, maintenance requests, access constraints, and more. The individualized attention from TBID staff to area stakeholders’ functions as an effective liaison program with local government; and improves community relations and engagement in public initiatives.

3. Make the District more accessible

● Participated in the GoBerkeley Smart Space Community Advisory Committee and facilitated engagement from district stakeholders. Partnering with the City and AC Transit to establish a Telegraph District EasyPass program that will support businesses in expanding commuter benefits for their employees. ● Worked to advance the Telegraph Plaza vision for the Dwight Triangle traffic median. Engaging with agency partners to complete the feasibility study of redirecting vehicle traffic. The project seeks to activate the area with the development of a public plaza that will serve as a core attraction in the district. ● Facilitated research studies and public engagement for the Durant Night Market initiative for the 2500 block of Durant Ave. In partnership with ‘Telegraph For People’ the TBID secured a grant from the Chancellor’s Community Partnership Fund to support the initiative’s market research and brand development work. The ongoing community visioning process seeks to elevate the identity of the vibrant restaurant scene and develop public realm improvements. ● Engaged with City and AC Transit staff to evaluate options for the Durant Quick Build Transit Lane project. Provided detailed feedback to inform design work, facilitated community stakeholder engagement, and reviewed existing conditions with staff.

The TBID is currently preparing to support next steps with community engagement ahead of design completion and approval.
● Invested in expanded bike parking through our Peace Symbol bike rack program.

The TBID worked with City staff to identify new bike rack locations and restored paint and removed abandoned property on the 45 existing Peace Symbol bike racks located throughout the TBID.

4. Improve the Telegraph brand through marketing, events, and promotions

EXHIBIT A
Annual Report of the Telegraph Property and Business Improvement District for Fiscal Year 2022-2023 (FY23)

● Launched the Second Sundays event series in September and October 2022, building on the foundation of Sunday Streets and World Music Festivals events on Telegraph Avenue. September's event hosted a free carnival including mechanical bull riding, rock climbing and ax throwing. October’s event brought the circus to the streets with live acrobatics, juggling, stilt walking as well as silks and aerial performances.

Both events were well attended and business participation grew from September to October. The series is doubling in 2023 with four events scheduled from June to September. Businesses are already reaching out and excited to partner again for Second Sundays in 2023.
● Identifying opportunities to improve the Telegraph Historical Walking Tour through new partnerships and technology. The self-guided tour is a unique attraction that calls attention to the storied legacy of the District.
● Continued organic growth of the Instagram account for Telegraph Ave that showcases the various businesses to an audience of 3.5k+ and reaching 20k+ accounts monthly, with 66% of the audience aged 24 years and older. The TBID grew the Telegraph Berkeley Instagram following from 1,400 in ‘21 to 2,200 in ‘22 and now to 3,500 in ‘23 utilizing user generated content, complemented by content created inhouse and collaborations with content creators. ● Grew partnership with Visit Berkeley for their annual Restaurant Week. Supported sign ups in the district which resulted in nearly double the participation from the previous year - 7 in ‘22 to 12 in ‘23. TBID staff provided additional background knowledge of the program and acted as liaison through the event. TBID staff also scheduled content creators to visit participants and post on their social media channels boosting our collaborative reach on social media, directly impacting the marketing efforts of businesses.
● Built on the success of 2021’s “Celebrating Telegraph Boba” Day, the 2022 celebration included reusable straw and sticker giveaways at shops, special prizes from costumed Boba Fett walking the avenue and content creator collaborations on social media. Last year’s Boba Fest highlighted 11 Boba Shops in the district along with their special promotions.

5. Better serve District stakeholders as a convener and advocate on issues

● Participated in the establishment of the Berkeley Alliance of Business Organizations as a founding member. Supporting the group's effort to strengthen the supportive network between business leaders in Berkeley, and collaborate on solutions to shared issues and concerns in the business community.
● Actively advocated in support of the housing and open space revitalization project at People’s Park including the Resources For Community Development Supportive Housing project.

EXHIBIT A
Annual Report of the Telegraph Property and Business Improvement District for Fiscal Year 2022-2023 (FY23)

● Voiced support for upzoning and streamlining proposals in the Southside Zoning Amendments project. Facilitated stakeholder feedback and engaged with City staff to review policy details.
● Participated in the International Downtown Association 2022 Annual Conference.

Engaged with other place-management industry professionals on current affairs and topics including: parking strategies, micro-mobility, district branding, public plazas, and nightlife.
● Joined the Berkeley Vision Zero coordinating committee to help guide transportation safety initiatives. Emphasized the significant pedestrian safety needs in the Telegraph District and continuing to advocate for greater investments in street & sidewalk infrastructure.

Telegraph Clean & Safe Ambassador Program
The single most significant element of the TBID's ongoing work is their ambassador program which is provided through a contract with Block by Block. In keeping with the Management District Plan, the program provides 240 hours per week of cleaning and hospitality services year-round, seven days a week. Services include: trash and graffiti removal, power washing, sanitation, and beautification projects. The program comprises roughly 65% of the TBID’s budget.

The program also works collaboratively with UC Berkeley’s Homeless Outreach Coordinator and City staff to address the needs of unhoused community members in the District. The Ambassadors are trained in de-escalation and conflict resolution strategies; and respond to help unhoused community members, businesses, students, and local agencies to peacefully navigate conflicts and disruptive behaviors (often the result of substance abuse or a mental health crisis). Finally, our organization facilitates weekly coordination/case management meetings with city and university staff (social service and law enforcement) resulting in a more thoughtful and humane approach to problems involving our unhoused community.

In FY22-23 the Ambassador team exceeded cleaning and maintenance service level goals with their routine services shown in the table below. Additional accomplishments include:
● Performed the installation and planting of several new sidewalk planters. Provided regular care and maintenance of dozens of hanging basket planters and sidewalk planters.
● Performed weed abatement and applied to mulch to 5+ blocks of tree wells and planting strips on areas of Bowditch, Haste, and Telegraph.
● Refreshed paint on dozens of public trash receptacles, utility boxes, and light poles. ● Staffed and supported 8 public events and street fairs.

311
Requests
Placed
Graffiti
Tags
Removed
Handbills
Removed
Hazardous
Waste
Clean-ups
Power
Washing
Hours
Trashcans
Leveled
Lbs (#s) of
Trash
Removed

EXHIBIT A
Annual Report of the Telegraph Property and Business Improvement District for Fiscal Year 2022-2023 (FY23)

333 4,140 7,458 2,446 629 3,116 139,424

Exhibit B:

Telegraph Business Improvment Distritct (TBID) FY2024 Assessments

APN OWNER NAME STREET
NUMBER STREET NAME UNIT
# Tax Exempt Private  Parcel
055 188600300 2312 ELLSWORTH LLC 2312 ELLSWORTH  ST 941.72$ 055 187800300 2340 TELEGRAPH PROPERTY LLC 2328 TELEGRAPH  AVE 11,374.24$ 055 187601200 2369 TELEGRAPH LLC 2369 TELEGRAPH  AVE 1,727.15$ 055 188000100 2400 TELEGRAPH AVE LLC 2486 CHANNING  WAY 6,462.44$ 055 188300500 2414 DANA ST L P 2414 DANA  ST 851.19$
055 186801100 2415COLLEGE LLC 2415 COLLEGE  AVE 3,369.45$ 055 187800701 2425 DURANT AVENUE LLC 2425 DURANT  AVE 1,710.54$ 055 188101800 2442 HASTE STREET LLC 2442 HASTE  ST 2,070.75$ 055 184600101 2501 BENVENUE LLC 2501 BENVENUE  AVE 3,621.81$ 055 187503001 2506 HASTE STREET PARTNERS LLC 2506 HASTE  ST 1,970.99$ 055 187701100 2509 DURANT LLC 2347 TELEGRAPH  AVE 4,612.15$ 055 187701400 2522 BANCROFT WAY LLC 2522 BANCROFT  WAY 1,520.34$ 055 183902000 2539 TELEGRAPH LLC 2539 TELEGRAPH  AVE 3,790.39$ 055 183901901 2565 2589 TELEGRAPH BLAKE LLC  2587 TELEGRAPH  AVE 7,577.84$ 055 183700300 2588 TELEGRAPH AVENUE LLC 2590 TELEGRAPH  AVE 3,739.95$ 055 183600802 2614 TELEGRAPH LLC 2614 TELEGRAPH  AVE 840.28$ 055 183603100 2616 TELEGRAPH AVENUE LLC 2616 TELEGRAPH  AVE 2,626.76$ 055 184600300 2644 BERKELEY LLC 2644 DURANT  AVE 2,792.69$ 055 183500901 2650 TELEGRAPH LP 2650 DWIGHT  WAY 1,553.63$ 055 187000800 2701 DURANT LP 2701 TELEGRAPH  AVE 2,195.92$ 055 188600100 820 MACARTHUR LLC 2300 DANA  ST 2 1,435.35$ 055 183802300 A & A BERKELEY PARTNERS LLC 2501 CHANNING  WAY 168.48$ 055 187602200 ALLEN HYE K & KIM JOE TR 2511 COLLEGE  AVE 2,049.85$ 055 186901100 ALPHA BETA HALL 2345 HILLEGASS  AVE 1,757.65$ 055 184302603 AM BAPTIST SEMINARY OF WEST 2511 BANCROFT  WAY 6,698.73$ 055 187100103 AMI LLC ETAL 2680 COLLEGE  AVE 3,020.35$
055 187100203 AMI LLC ETAL 2310 BANCROFT  WAY 1,531.25$ 055 187102000 AMI LLC ETAL 2680 TELEGRAPH  AVE 502 812.44$ 055 183503300 ANANTHARAM VENKATACHALAM 2628 DANA  ST 141.03$ 055 188200200 ANDREONI THOMAS L & STANTON KAREN J TRS 2440 REGENT  ST 853.23$ 055 184200100 ARANGUREN MARY L & JACKSON ALEX ETAL 2503 DANA  ST A 598.06$ 055 188303000 AYSOY SUKRAN TR 2406 TELEGRAPH  AVE 171.28$ 055 187800200 AYYAD FUAD & MUNA I 2312 COLLEGE  AVE 3,158.85$ 055 187000900 BALAJI EQUITY MANAGEMENT LLC 2319 COLLEGE  AVE 1,551.82$ 055 186801300 BEAR HAVEN LLC 2409 DURANT  AVE 2,379.67$ 055 188401500 BERKELEY ARCHITECTURAL HERITAGE ASSOCIATION 2318 BANCROFT  WAY 1,547.59$ 055 188500800 BERKELEY CANTERBURY FOUNDATION INC 2334 DURANT  AVE 1,479.23$ 055 188500201 BERKELEY CITY CLUB 2315 DURANT  AVE 1,477.15$ 055 188500202 BERKELEY CITY CLUB 2315 DURANT  AVE 8,794.90$ 055 187601302 BERKELEY MULTIFAMILY I PROPERTY 2500 TELEGRAPH  AVE 10,644.47$ 055 187701300 BERKELEY MULTIFAMILY I PROPERTY 2301 TELEGRAPH  AVE 12,189.83$ 055 183801300 BERKELEY MULTIFAMILY II PROP 2410 TELEGRAPH  AVE 203 1,386.40$ 055 187301400 BERKELEY MULTIFAMILY II PROPER 2605 BANCROFT  WAY 2,936.63$ 055 183500700 BERKELEY TELEGRAPH LLC & 2640 TELEGRAPH AVE LLC 2640 DWIGHT  WAY 1,199.00$ 055 183502100 BOLT DIANNA 2628 TELEGRAPH  AVE 141.03$
055 187001000 BREIT SH BERKELEY LLC 2700 TELEGRAPH  AVE 5,906.94$ 055 184002401 CALIF ANN CONF METH CH 2655 TELEGRAPH  AVE 501 8,405.28$ 055 187900400 CAMOU TELEGRAPH AVENUE PROPERTIES LLC 2386 TELEGRAPH  AVE 201 1,022.66$ 055 184003500 CHANG MARINA 2615 TELEGRAPH  AVE 402 118.45$ 055 183502800 CHEN ZIXIN 2628 DANA  ST 7 141.03$
055 188303200 CHIEN CHARLES & SHERI I 2406 DANA  ST C 171.28$ 055 183802200 CHIN JACKSON 2501 DANA  ST 1 161.51$
055 184200500 CHIU EDMUND S & BONNETTE S 2532 DWIGHT  WAY 837.77$ 055 183900400 CHU FAMILY LLC 2517 TELEGRAPH  AVE 6,215.44$ 055 183502400 CHUANG PATRICK C & HSIUNG YINGSHENG 2628 TELEGRAPH  AVE 303 141.03$ 055 188200100 CHURCH IN BERKELEY 2430 DANA  ST 2,074.37$ 055 187900601 CITY OF BERKELEY 2431 CHANNING  WAY 50,576.20$ 055 183901502 CLARA&SONIA LLC 2529 TELEGRAPH  AVE 2,671.62$

Exhibit B:

Telegraph Business Improvment Distritct (TBID) FY2024 Assessments

APN OWNER NAME STREET
NUMBER STREET NAME UNIT
# Tax Exempt Private  Parcel
055 188300100 COLLIER PAMELA & BATTI GREG TRS 2400 DANA  ST 720.94$ 055 187700100 CORE BERKELEY BANCROFT LLC 2590 DURANT  AVE 6,034.54$ 055 188000400 CREATIVE PROPERTY TELEGRAPH LLC 2426 TELEGRAPH  AVE 1,015.60$ 055 187900500 DABEL GRETCHEN W TR BYPASS TRUST & DABEL GRET ETAL 2392 TELEGRAPH  AVE 1,167.64$ 055 183802900 DAI GEORGE S. & LUNA Y TRS & DAI CORNELIA 2501 DANA  ST 8 201.51$ 055 184005200 DELENGOCKY TAYSON 2615 TELEGRAPH  AVE 404 134.85$ 055 187100300 DELTA DEUTERON BLDG ASN 2647 DURANT  AVE 2,154.47$ 055 186701300 DISANO JOSEPH R & DISANO JO 2435 COLLEGE  AVE 1,164.53$ 055 184200401 DOTP 2530 LLC 2526 DWIGHT  WAY 2,160.32$
055 187800100 DOWNEY NANCY B TR & ROUSH VIRGINIA B TR 2310 TELEGRAPH  AVE 4,634.88$ 055 187700200 DOYLE ELAINE M TR 2310 BOWDITCH  ST 929.14$ 055 183502300 DU LIMING 2628 TELEGRAPH  AVE 302 141.03$ 055 187700900 DURANT PLACE 2517 DURANT  AVE 3,389.06$
055 183801600 DWIGHT BLAKE APARTMENTS 2420 DWIGHT  WAY 1,038.77$ 055 184004300 ELA PROPERTIES LLC 2615 TELEGRAPH  AVE 302 129.41$ 055 188600200 ELLSWORTH INVESTMENT LLC 2306 ELLSWORTH  ST 1,660.42$ 055 187504300 ENCLAVE PARTNERS DH LLC                2429 ELLSWORTH  ST 2,881.60$ 055 187504400 ENCLAVE PARTNERS DH LLC                2509  TELEGRAPH AVE  720.41$ 055 187504500 ENCLAVE PARTNERS DH LLC                2503  HASTE ST  8,344.56$ 055 188000501 ENT KENNETH E & GREGORY W TRS 2441  HASTE ST  10,568.58$ 055 188000700 ENT KENNETH E & GREGORY W TRS 2435 HASTE ST 1,020.51$ 055 183503200 EPSTEIN LYNN & BASSEIN SUSAN 2628 HASTE  ST 141.03$ 055 187101300 ESLAMI AHMAD A 2311 BOWDITCH  ST 368.71$
055 183802800 FENG SAMUEL & HUANG HSINYI C T 2501 DANA  ST 3 192.41$ 055 184600400 FERGUSON JAMES I & ARLENE M TRS 2646 DWIGHT  WAY 1,012.78$ 055 187401200 FIRST CHURCH CHRIST SCIENTIST 2619 DWIGHT  WAY 1,862.16$ 055 188001100 FIRST CHURCH FOUNDATION 2423 HASTE  ST 622.94$ 055 188400100 FIRST CONG CH OF BERK 2345 CHANNING  WAY 4,743.79$ 055 188401600 FIRST CONGREGATIONAL CHURCH OF BERKELEY 2326 DURANT  AVE 738.59$ 055 188401700 FIRST CONGREGATIONAL CHURCH OF BERKELEY 2330 DURANT  AVE 1,041.95$ 055 188401800 FIRST CONGREGATIONAL CHURCH OF BERKELEY 2334 DURANT  AVE 275.97$ 055 188001502 FIRST PRESBYTERIAN CHURCH OF BERKELEY 2407 DANA  ST 9,874.15$ 055 183500402 FITZER TIMOTHY A 2636 TELEGRAPH  AVE 1,470.22$ 055 187800400 FORTUNEWORLD INC 2439 DURANT  AVE 3,654.50$ 055 187601100 FUENTES JENNAN K 2375 TELEGRAPH  AVE 7,139.47$ 055 183503000 GAMPEL IRINA & YURY 2628 DWIGHT  WAY 141.03$ 055 187502500 GEE JEW Y TR 2509 TELEGRAPH  AVE 304 1,428.96$ 055 183502500 GEORGE ASHIQ M 2628 CARLETON  ST 141.03$
055 184003200 GIORDANO ARLENE A 2435 DWIGHT  WAY 1,311.50$ 055 183800201 GLENN BUILDING 2430 TELEGRAPH  AVE 204 12,310.46$ 055 184003800 GOFF EDWARD V 2615 TELEGRAPH  AVE 202 88.90$ 055 183502000 GOLD BONNIE & PAYNE DAVID E 2628 DURANT  AVE 141.03$ 055 187701003 GOODHUE NEIL B & DIANE C TRS 2513 DURANT  AVE B 1,188.55$ 055 187701006 GOODHUE NEIL B & DIANE C TRS 2515‐B TELEGRAPH  AVE 1,839.63$ 055 188100200 GORDON JOHN K & MITCHELL J ETAL 2470 DWIGHT  WAY 4,471.25$ 055 183900102 GORDON JOHN K & MITCHELL JANIS L TRS 2502 REGENT  ST 2,626.16$ 055 183900303 GORDON JOHN K & MITCHELL JANIS L TRS 2508 TELEGRAPH  AVE 1,901.76$ 055 183901601 GORDON JOHN K & MITCHELL JANIS L TRS 2513 DURANT  AVE 2,175.50$ 055 187700600 GROWERS PROPERTIES NO 52 2533 DANA  ST 4,682.75$ 055 188300200 GUERARD JACQUES 2402 COLLEGE  AVE 685.43$ 055 184600500 HAKAM ALAEDDIN & FOUDEH SAEED TR 2504 TELEGRAPH  AVE 207 843.55$ 055 184004100 HAROUN ANSAR M & NASRA TRS 2615 DANA  ST 122.86$ 055 188200300 HASHEMI HOMAYOUN & GOVASHIRI HOMA TRS 2446 DANA  ST 5 876.92$ 055 183802600 HOANG VY T & LYNH T 2501 DANA  ST 207.88$ 055 188300600 HON HENRY D & SYLVIA TRS 2418 DURANT  AVE 789.10$ 055 183802400 HONG JAMIE J & JIN ETAL 2501 TELEGRAPH  AVE 202 165.51$ 055 184003600 HSIA SAMSON & ALICIA TRS 2615 TELEGRAPH  AVE 306 129.41$ 055 184004700 HU HANG L & TYNG J 2615 TELEGRAPH  AVE 307 125.93$

Exhibit B:

Telegraph Business Improvment Distritct (TBID) FY2024 Assessments

APN OWNER NAME STREET
NUMBER STREET NAME UNIT
# Tax Exempt Private  Parcel
055 184004800 HU TYNG J & HANG L 2615 TELEGRAPH  AVE 201 122.86$ 055 183501900 HUANG ISABELLA 2628 TELEGRAPH  AVE 301 141.03$ 055 184004200 HUANG LI L 2615 BANCROFT  WAY 118.45$
055 187802200 HUNOLT JAMES B TR & THOMAS E TR 2480 TELEGRAPH  AVE 2,817.97$ 055 187701201 JANGMI LLC 2327 TELEGRAPH  AVE 2,283.92$
055 187900100 KICK‐AXE PROPERTIES 2350 TELEGRAPH  AVE 305 4,703.98$ 055 184004600 KPARTNERS LLC 2615 BANCROFT  WAY 139.01$
055 187801900 KUANG DIANA Q ETAL 2456 DURANT  AVE 2,626.40$ 055 187700500 KURDYS DOUGLAS & SHAWVER LOIS 2539 TELEGRAPH  AVE 205 2,934.83$ 055 184003900 KWOK VICTOR Y 2615 DURANT  AVE 139.01$
055 187700700 LANDIS JUDSON R & SHERON C TRS 2525 DURANT  AVE 5,158.10$ 055 187801000 LANDIS JUDSON R & SHERON C TRS 2419 DURANT  AVE 2,491.43$ 055 187801200 LANDIS JUDSON R & SHERON C TRS 2411 TELEGRAPH  AVE 101 1,092.27$ 055 184005300 LEUNG VELIA N 2615 TELEGRAPH  AVE 102 118.40$ 055 184005400 LEUNG VELIA N 2615 DWIGHT  WAY 84.66$
055 188100500 LI ZHAOYANG & WAN KE 2437 TELEGRAPH  AVE 2,414.14$ 055 184000101 LIEBERT BRUCE E TR & CARLYN M TR 2601 TELEGRAPH  AVE 403 1,344.21$ 055 183502900 LIM ING Y & KANWIT ELIZABETH D TRS 2628 TELEGRAPH  AVE 141.03$ 055 188100300 LIPPETT PETER E TR 2476 DWIGHT  WAY 1 ‐11 3,669.73$ 055 183801800 LUNDIN JANE M TR 2428 DWIGHT  WAY 1,007.53$ 055 183801700 LUNDIN JANE TR 2424 DURANT  AVE 988.23$
055 188303100 MA JANICE L & KENNETH 2406 DANA  ST B 171.28$ 055 183800102 MAJIDI SHAHLA TR 2500 TELEGRAPH  AVE 304 5,731.84$ 055 184004500 MAKHIJANI MEENA S 2615 BANCROFT  WAY 88.90$ 055 187701902 MARK AT BERKELEY LLC 2580 DANA  ST 4 6,455.20$ 055 183802500 MASON ELIZABETH F & JAMES W ET AL 2501 TELEGRAPH  AVE 403 167.20$ 055 184005100 MAUS MARLON TR 2615 TELEGRAPH  AVE 305 162.70$ 055 183502600 MEYYAPPAN MURUGAPPAN & RAMANAT 2628 TELEGRAPH  AVE 141.03$ 055 183801400 MGH MANAGEMENT LLC 2414 TELEGRAPH  AVE 999.45$ 055 187502700 MILANO PROPERTIES LTD LLC 2475 CHANNING  WAY 1,309.00$ 055 186801400 MIN ROY & EDWARD ETAL 2700 BANCROFT  WAY 602.48$ 055 187701601 MIOTTEL W J JR TR 2530 DANA  ST 6 9,187.95$ 055 183802700 MITINA SOFIA TR 2501 TELEGRAPH  AVE 404 208.80$ 055 186701400 NATEGHIAN FARAMARZ TRUST 2431 COLLEGE  AVE 984.93$ 055 184003700 NAVARROCACERES LILIANA 2615 TELEGRAPH  AVE 203 89.42$ 055 184200200 NCR PROPERTIES LLC 2524 DWIGHT  WAY 1,300.98$ 055 183802100 P G & E CO 135‐1‐12‐2 2540 TELEGRAPH  AVE 1,655.11$ 055 187802400 ETAL 2415 DURANT  AVE 261.02$
055 187802300 PAIGE ROGER & NORMA TRS ETAL 2415 DURANT  AVE 263.83$ 055 187802500 PAIGE ROGER & NORMA TRS ETAL 2417 DURANT  AVE 175.35$ 055 187802600 PAIGE ROGER & NORMA TRS ETAL 2417 DURANT  AVE 175.35$ 055 188401300 PAULOS CORALYN M TR 2310 DURANT  AVE 1,414.86$ 055 187502802 PELLEGRINO PASQUALE TR 2461 TELEGRAPH  AVE 2,364.38$ 055 187201100 RAAJ BERKELEY OWNER LLC 2613 CHANNING  WAY 791.99$ 055 187201300 RAAJ BERKELEY OWNER LLC 2323 BOWDITCH  ST 1,022.66$ 055 187201400 RAAJ BERKELEY OWNER LLC 2600 DURANT  AVE 19,510.81$ 055 188500900 RECTORS ETC OF ST MARKS 2300 BANCROFT  WAY 1,589.15$ 055 188501000 RECTORS ETC OF ST MARKS 2301 DURANT  AVE 6,218.70$ 055 187100600 REGENCY DURANT LLC 2637 TELEGRAPH  AVE 3,506.16$ 055 183902100 REGENT TERRACE LLC 2593 COLLEGE  AVE 5,307.10$ 055 186901301 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2333 BANCROFT  WAY 2,856.80$ 055 187101901 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2630 COLLEGE  AVE 7,302.12$ 055 187202101 REGENTS OF THE UNIVERSITY OF CALIFORNIA CHANNING WAY 18,788.01$ 055 187300101 REGENTS OF THE UNIVERSITY OF CALIFORNIA BOWDITCH ST 9,134.69$ 055 187301500 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2411 BOWDITCH  ST 331.71$ 055 187301600 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2409 BOWDITCH  ST 257.84$ 055 187301700 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2405 CHANNING  WAY 259.63$ 055 187301800 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2550 CHANNING  WAY 165.41$

Exhibit B:

Telegraph Business Improvment Distritct (TBID) FY2024 Assessments

APN OWNER NAME STREET
NUMBER STREET NAME UNIT
# Tax Exempt Private  Parcel
055 187301900 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2612 HASTE  ST 13,068.39$ 055 187402301 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2612 CHANNING  WAY 18,896.20$ 055 187500901 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2538 HASTE  ST 13,770.10$ 055 187504001 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2556 CHANNING  WAY 5,158.61$ 055 187600901 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2535 DURANT  AVE 7,246.21$ 055 187902203 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2436 HASTE  ST 13,561.38$ 055 188002103 REGENTS OF THE UNIVERSITY OF CALIFORNIA HASTE ST 2,984.83$ 055 188002104 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2433 DWIGHT  WAY 406.31$ 055 188100700 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2427 HASTE  ST 766.74$ 055 188101701 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2400 BANCROFT  WAY 4,728.73$ 055 188601703 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2200 BANCROFT  WAY 1,430.41$ 055 188602501 REGENTS OF THE UNIVERSITY OF CALIFORNIA 2214 BANCROFT  WAY 4,423.80$ 055 187801602 REGENTS OF THE UNIVERSITY OF CALIFORNIA (STILES HALL) 2400 BANCROFT  WAY 9,162.55$ 055 187801800 REGENTS UNIVERSITY CALIFORNIA 2436 DWIGHT  WAY 10,246.50$ 055 186701200 ROMAN CATHOLIC WELFARE CORPORATION OF OAKLAND CHANNING WAY 1,150.49$ 055 187201200 ROYSTON APARTMENT LP 2601 HASTE  ST 3,302.70$ 055 187500600 RUE ELL ENTERPRISES INC 2411 TELEGRAPH  AVE 1,977.13$ 055 187601600 RUE ELL ENTERPRISES INC 2520 DURANT  AVE 3,673.13$ 055 187700800 RUE ELL ENTERPRISES INC 2519 DURANT  AVE 4,478.30$ 055 187800501 RUE ELL ENTERPRISES INC 2433 DURANT  AVE 8,387.33$ 055 187900300 RUE ELL ENTERPRISES INC 2380 TELEGRAPH  AVE 1,022.66$ 055 183802000 RUEELL ENTERPRISES INC 2434 DWIGHT  WAY 1,470.34$ 055 187601901 RUEELL ENTERPRISES INC 2534 DURANT  AVE 4,403.07$ 055 187802100 RUEELL ENTERPRISES INC 2470 BANCROFT  WAY 4,403.28$ 055 187601500 RUEGG & ELLSWORTH 2516 DURANT  AVE 8,450.49$ 055 187601700 RUEGG & ELLSWORTH 2526 DURANT  AVE 11,819.80$ 055 187602300 RUEGG & ELLSWORTH 2510 DURANT  AVE 3,806.52$ 055 187100401 RUSHTON RICHARD P & WITT S R & 2639 BANCROFT  WAY 1,126.33$ 055 187502900 RYDER WAYNE C & JOANN TRS ETAL 2455 TELEGRAPH  AVE 3,449.74$ 055 187500700 SARACHAN KENNETH 2409 TELEGRAPH  AVE 6,063.18$ 055 187900200 SARACHAN KENNETH 2360 TELEGRAPH  AVE 3,617.92$ 055 188100100 SARACHAN KENNETH & BROWN LAURIE 2464 TELEGRAPH  AVE 4,095.37$ 055 184200600 SATELLITE AFFORDABLE HOUSING ASSOCIATES 2500 HILLEGASS  AVE 1,802.75$ 055 188401400 SHI ZHOUZHENG & LI JIA TRS 2312 DWIGHT  WAY 914.03$ 055 183803000 SHYR JURIYAN & HOU DANIEL 2501 DURANT  AVE 208.38$ 055 187700300 ST JOSEPH ARIM FOUND 2316 DANA  ST 9 1,560.57$ 055 187700400 ST JOSEPH ARIM FOUND 2543 TELEGRAPH  AVE 401 717.20$ 055 184005000 SU VINCENT P & INGRID ETAL 2615 BOWDITCH  ST 129.41$ 055 187502400 SUM YUN C & NGAN C TRS 2511 DURANT  AVE 4,972.35$ 055 183502200 SUN CHII YUN & KAREN K 2628 TELEGRAPH  AVE 402 141.03$ 055 184004900 SUNKU RAVINDRA & ROOPA R ETAL 2615 DWIGHT  WAY 156.17$ 055 183501800 TAM RICHARD W & ZHANG TAO T ETAL 2628 TELEGRAPH  AVE 301 185.78$ 055 188002201 TAYLOR SPRINGS MANAGEMENT LLC 2414 TELEGRAPH  AVE 1 9,107.39$ 055 183700100 TELEGRAPH BLAKE LLC 2556 TELEGRAPH  AVE 12,462.02$ 055 187502600 TELEGRAPH PARTNERS LLC 2499 TELEGRAPH  AVE 2,256.65$ 055 183900500 TELEGRAPH REGENT LLC 2512 TELEGRAPH  AVE 3,397.70$ 055 187602101 TEMC DURANT LLC 2538 DURANT  AVE  $       4,137.41 055 187500800 THELMA & LOUISE NO 2 LLC 2508 CHANNING  WAY 14,437.09$ 055 188101200 TOWN & GOWN CLUB 2401 DWIGHT  WAY 1,399.78$ 055 187600100 TREVOR JAMES II 2328 BOWDITCH  ST 1,681.69$ 055 188500102 TRINITY UNITED METHODIST CHURCH OF BERKELEY 2362 BANCROFT  WAY 1,329.44$ 055 188500104 TRINITY UNITED METHODIST CHURCH OF BERKELEY 2362 BANCROFT  WAY 5,059.15$ 055 187101200 TRUST BENEFIT CHRISTIAN SCIENCE ORGANIZATION UC BE 2601 DURANT  AVE 717.43$ 055 188401200 TWENTY THREE HUNDRED DURANT PARTNERSHIP 2300 DURANT  AVE 2,226.64$ 055 186801000 UNIVERSITY LUTHERAN CHAPEL OF BERKELEY CALIF 2425 COLLEGE  AVE 734.18$ 055 187101501 UNIVERSITY Y W C A 2600 BANCROFT  WAY 2,589.49$ 055 187801700 VALHAUS LP 2430 BANCROFT  WAY 3,688.36$

Exhibit B:

Telegraph Business Improvment Distritct (TBID) FY2024 Assessments

APN OWNER NAME STREET
NUMBER STREET NAME UNIT
# Tax Exempt Private  Parcel
055 183801500 VALUES INC INVESTMENT CO 2418 DWIGHT  WAY 1,707.14$ 055 187401300 VEDANTA SOCIETY BERKELEY 2455 BOWDITCH  ST 986.67$ 055 188600400 VERO PROPERTIES LLC 2241 DURANT  AVE 1,688.46$ 055 188100400 VIRGINIA COLLEGE ASSOCIATES LP 2482 TELEGRAPH  AVE 6,881.54$ 055 183502700 WANG HAOLIN 2628 TELEGRAPH  AVE 401 141.03$ 055 188300400 WEN WILLIAM K ETAL 2410 DANA  ST 904.19$
055 188500103 WESLEY HOUSE BERKELEY LLC 2398 BANCROFT  WAY 2,583.30$ 055 183600603 WONG FRANKLIN C & HENRY F 2600 TELEGRAPH  AVE 1,691.57$ 055 184600200 WU SEN T & SU H & CHUANG MARI 2640 DWIGHT  WAY 2,099.61$ 055 183503100 XIA JING 2628 TELEGRAPH  AVE 405 141.03$
055 187101100 YEE FAYE & DAVID 2605 DURANT  AVE 998.52$ 055 184004000 YU JULIA & YU JEAN J TR 2615 TELEGRAPH  AVE 206 125.93$ 055 187802000 ZENGS BERKELEY LLC 2462 BANCROFT  WAY 4,637.16$ 055 184004400 ZHANG YINGQUN & WANG NAIRU 2615 TELEGRAPH  AVE 303 89.42$ 055 183700200 ZION PROPERTIES LLC 2566 TELEGRAPH  AVE D 3,661.09$ Totals 246 $195,523.17 $570,529.77
Parcels 23 223
Tax Exempt  Private Parcels
Total Count of Parcels: 246 23 223
County Fee @1.7% (on Private Parcels): 9,699.01$
Net Assessment Revenue (Private Parcels): 560,830.76$
Total Assessment Revenue: 756,353.93$
Note: Data for APN, Owner, and Land Use from the City's Land Management System is current as of April 13, 2023.

Updated data from Alameda County including APN, Owners and Land Use will be available on July 1, 2023.

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

CONSENT CALENDAR
May 23, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Assessments: Berkeley Tourism Business Improvement District

RECOMMENDATION
Adopt a Resolution approving the Annual Planning Report and preliminary budget for Fiscal Year 2024 (FY24) for the Berkeley Tourism Business Improvement District (BTBID) as recommended by the BTBID Owners’ Association.

FISCAL IMPACTS OF RECOMMENDATION
The BTBID levies an annual assessment of one percent (1%) of gross short-term room rental revenue for lodging establishments. Annual assessment funds will be deposited and expended from the Tourism BID Fund. Based on City of Berkeley proposed budget revenue projections for the Transient Occupancy Tax (TOT) for FY 2024 (made in the second quarter of FY23) based spring 2023 hotel occupancy rates, the BTBID is budgeted to receive $643,750 in funding for FY 2024. As of March 2023, the City of Berkeley’s TOT projection for FY 2024 is $7,725,000. That would mean the TBID revenue would be $643,750 in FY 2024.

Both parties understand that the actual amount may change in the coming months, reflecting the ever-evolving state of the Berkeley economy and local, regional, and national tourism trends. The City retains a fee equal to one percent (1%) of the amount of assessment collected to cover its costs of collection and administration associated with the Tourism BID. The exact amount of any FY 2023 BTBID fund balance will only be known with certainty in August 2023. This is because the City collects BTBID assessments on a monthly basis along with Transient Occupancy Taxes (TOT). As a result, the finance department will only know the receipts for June 2023 after those assessments are collected at the beginning of July 2023. If revenues come in higher than anticipated, the Office of Economic Development will determine the amount and make a one-time “true up” payment for FY2023 during FY 2024. The appropriation of these additional funds will be included as a one-time “true up” payment with the amount articulated and authorized in the First Amendment to the FY 2024 Annual Appropriations Ordinance (November 2023).

Assessments: Berkeley Tourism Business Improvement District CONSENT CALENDAR May 23, 2023

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

Under the Property and Business Improvement District Law of 1994 (California Streets and Highways Code section 36600 et.seq.) the City Council may approve an Annual Planning Report prepared by the Tourism Business Improvement District Owners’ Association with a proposed budget for the next year. Accordingly, at its meeting on April 13, 2023, the BTBID Owners’ Association voted to approve the Tourism BID’s Annual Planning Report and budget for BTBID’s Fiscal Year 2024. Council can now adopt the recommended resolution which will confirm the Tourism BID assessment and thus enable continuous BID operations for another year.

The Management District Plan was adopted by Council in 2017 as part of the reestablishment of the Tourism Business Improvement District; the plan provides a framework and budget for the Tourism BID’s activities. In FY 2024, the Tourism BID will work with local hotel managers and hospitality industry leaders, the City of Berkeley, and other relevant tourism industry stakeholders to do strategic destination marketing and sales work that drives visitors to Berkeley’s lodging establishments and supports Berkeley’s hospitality industry. Additionally, the Tourism BID will continue to develop digital marketing and promotions utilizing the power of Visit Berkeley’s website and social media strengths to push positive messaging to the visitor, event planning, and meetings industry and continue to develop and manage constructive relationships with local, regional and statewide marketing and hospitality partners to create local overnight room demand and to ensure the organization has the resources and support needed to successfully execute the BTBID mission.

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

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

Assessments: Berkeley Tourism Business Improvement District CONSENT CALENDAR May 23, 2023
of TOT revenue also funds the Berkeley Convention and Visitors Bureau, but under a separate contract. On April 25, 2017, Council approved Resolution No. 67,926-N.S. reestablishing the Tourism BID starting on July 1, 2017 for an additional 10 years, expiring in 2027. The Tourism BID is authorized through June 30, 2027 unless action is taken to disestablish it. In October of 2019, the City Council authorized the City Manager to execute a contract and any amendments (Contract # 32000101) with Visit Berkeley, not to exceed $7,966,000 of BTBID revenues, to support tourism marketing and promotion for the period through June 30, 2027.

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

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

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered.

CONTACT PERSON
Elizabeth Redman Cleveland, Office of Economic Development, (510) 981-7532 Attachments:

1. Resolution: Annual Planning Report and Proposed Budget Tourism BID Exhibit A: Annual Planning Report and Proposed FY 2024 Budget of the Berkeley Tourism Business Improvement District

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

APPROVING THE 2023 ANNUAL REPORT AND PROPOSED FY 2024 BUDGET

OF THE BERKELEY TOURISM BUSINESS IMPROVEMENT DISTRICT
WHEREAS, Property and Business Improvement District Law of 1994 (California Streets and Highways Code section 36600 et.seq.) authorizes cities to establish business improvement districts for the purpose of imposing assessments on businesses for certain purposes; and
WHEREAS, on April 25, 2017, the Berkeley City Council re-established such a district known as the Berkeley Tourism Business Improvement District (the "District"); and WHEREAS, the City Council designated the Berkeley Tourism Business Improvement District Owners’ Association (Owners’ Association) to oversee the activities of the District; and
WHEREAS, the Owners’ Association has submitted an Annual Report to the Berkeley City Council that outlines the activities of the District proposed for fiscal year (FY) 2024 and a budget for providing them, as required by the California Streets and Highways Code Section 36650; and
WHEREAS, the Annual Planning Report is clear and complete and found to comply with the interests of the District assesses; and
WHEREAS, the Annual Planning Report proposes no changes to rates, boundaries or services to the Business Improvement District.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council of the City of Berkeley hereby approves the Berkeley Tourism Business Improvement District Annual Planning Report budget for FY2024 (Exhibit A) as submitted to the City Clerk by the Berkeley Tourism Business Improvement District Owners’ Association.

Exhibit A: Annual Planning Report and Proposed FY2024 Budget of the Berkeley Tourism Business Improvement District

Berkeley Tourism Business Improvement District (BTBID)
Marketing Plan
FY2024 Annual Planning Report
District Name: This report is for the Berkeley Tourism Business Improvement District

Fiscal Year of Report: This report applies to the FY 2023 (July 1, 2022 – June 30, 20234) and proposes a budget and plan for FY2024 (July 1, 2023 – June 30, 2024).

Background: The Berkeley TBID is a benefit assessment district created in 2012 by a group of hoteliers to fund marketing and promotional efforts for Berkeley lodging businesses. The first 5-year agreement with the City of Berkeley was from November 1, 2012 through October 31, 2017. On November 18, 2014, the Berkeley City Council approved the transition of the BTBID to a fiscal year contract cycle effective 2015-

16. On April 25, 2017, City Council adopted the renewal of the Berkeley Tourism Business Improvement District for a ten (10) year term to maintain a revenue source devoted to marketing and promoting specific hotel-serving activities, beginning July 1, 2017 through June 30, 2027 (FYs18-27).

Boundaries: The Berkeley TBID includes all hotels with five or more rooms, existing and in the future, available for public occupancy within the boundaries of the City of Berkeley (Appendix B). The boundary is estimated to include approximately 22 hotel businesses (Appendix C).

There are no proposed changes to the boundaries for fiscal year 2024.

Improvements and Activities for FY2024: This planning report is provided for informational purposes. Actual projects are subject to approval by the BTBID Committee and the Visit Berkeley board. Below are the improvements and activities planned for fiscal year 2024. The ideas presented below are subject to change during the course of the year depending on circumstances and availability of funds. The estimated budget is $643,750.00 (Appendix A).

2023 Market Summary Report: Beginning FY 2023, the City of Berkeley lodging industry experienced a 33.9% increase in hotel occupancy with a 21.9% increase in average room rates from the prior year. The increase in occupancy was led by the leisure travel, drive-in market. While airline travel restrictions related to the COVID-19 Pandemic started to wane, business travel, group travel and the meeting & events markets still struggled to meet expectations. The hospitality and tourism industry are hopeful that with the ongoing lessening of restrictions we will be fully prepared to welcome back all tourism related business in 2024-25.

As UC Berkeley has fully reopened, we did not experience the increase in meetings and conferences as projected. Zoom meetings still prevailed however we are seeing interest to return to in-person meetings. We will continue our visibility and outreach to all departments encouraging utilization of Berkeley hotels and event space as their preferred choice for conferences and visitors. Although the hospitality industry remains unpredictable, Visit Berkeley will partner with our local Business Improvement Districts (BIDs), the City of Berkeley’s Office of Economic Development (OED), restaurants, and retailers by creating marketing and social media campaigns targeting Berkeley residents and attracting local and regional visitors to Berkeley.

As we anticipate TOT revenues to increase, providing there are no additional pandemics or surges, Visit Berkeley will continue efforts on Community Building and Hospitality Industry Recovery. We are very thankful to have been a recipient of an ARPA contract provided by City Council, this revenue provided a multi-year opportunity to create a new strategic Destination Marketing and Sales Workplan to support and rebuild Berkeley’s hospitality industry. Visit Berkeley offices are open; however, the Visitor Information Center (VIC) will be on a minimal schedule for the remainder of 2023 as it receives a much-needed remodel/upgrade.

FY 2024 PROPOSED BUDGET ALLOCATION

1) SALES AND MARKETING (99%)
Sales and Marketing shall be 99% of the assessment that is estimated to be $637,312.50 in FY 2024.

Phase 1: Help Tourism Industry Thrive
Strategy: Work with Stakeholders, City of Berkeley and Community Leaders to develop strategies and initiatives to support the hospitality businesses citywide. a. Lodging (develop multiple campaigns to increase occupancy, increase meeting/conference outreach, host familiarization or FAM Trips, and attend Trade Shows)
b. Restaurants/Libations (Continue to build Berkeley Restaurant Week and Berkeley Bucks programs. Host Content Creators and walking tours) c. Arts & Culture Venues (maintain a robust events calendar on VisitBerkeley.com, promote venues on our website and on IKE kiosks.

Partner with Berkeley Cultural Trust and the City of Berkeley’s Civic Arts Program)
d. Merchant Districts (meet regularly with BIDs to support their events through our website and IKE kiosks)