Agenda packet — Berkeley City Council, June 13, 2023 (part 1 of 2)

Tuesday, June 13, 2023 REVISED AGENDA Page 1

R E V I S E D AG E N D A
( A D D E D C O N T I N U E D I T EM F R O M J U N E 6 , 2 0 2 3

A N D R E M O V E D T E L E C O N FE R E N C E L O C A T I O N)

BERKELEY CITY COUNCIL MEETING
Tuesday, June 13, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

TELECONFERENCE LOCATION - SOFITEL WASHINGTON DC LAFAYETTE SQUARE 806 15TH ST NW, WASHINGTON, DC 20005
TELECONFERENCE LOCATION – 1619 EDITH STREET, BERKELEY, CA 94703

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 UR L: https://cityofberkeley- info.zoomgov.com/j/1613410530. 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: 161 341 0530. 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 meet ing 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.

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Tuesday, June 13, 2023 REVISED 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 impor tance 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 items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

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

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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 in terns: 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. Re-Vote to Adopt the Final Ordinance to Amend the Miscellaneous CalPERS Contract to Effectuate PEPRA Cost Sharing Agreements
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,863 N.S. – the final Ordinance 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 – in compliance with Government Code Section 20471.

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

2. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 13, 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 - $650,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

3. Temporary Appropriations FY 2024
From: City Manager
Recommendation: Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2023, until the effective date of the FY 2024 Annual Appropriations Ordinance.

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

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Consent Calendar
Tuesday, June 13, 2023 REVISED AGENDA Page 4

4. FY 2024 Tax Rate: Fund the Debt Service on the Affordable Housing General Obligation Bonds (Measure O, November 2018 Election)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2024 tax rate funding the debt service on the Affordable Housing General Obligation Bonds (Measure O, November 2018) at 0.0250%.

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

5. FY 2024 Tax Rate: Fund Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF)
From: City Manager, City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2024 tax rate for funding Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF) in the City of Berkeley at the annual tax rate of $0.1176 (11.76 cents) per square foot of improvements.

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

6. FY 2024 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2024 tax rate for funding the debt service on the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) at

0.0050%.

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

7. FY 2024 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2024 tax rate funding the debt service on the 2015 consolidation of Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0115%.

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

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Consent Calendar
Tuesday, June 13, 2023 REVISED AGENDA Page 5

8. FY 2024 Tax Rate: Fund the Debt Service on the Infrastructure and Facilities General Obligation Bonds (Measure T1, November 2016 Election) From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2024 tax rate funding the debt service on the Infrastructure and Facilities Improvements General Obligation Bonds (Measure T1, November 2016) at 0.0140%.

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

9. FY 2024 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M, November 2012 Election) From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2024 tax rate funding the debt service on the Street and Integrated Watershed Improvements General Obligation Bonds (Measure M, November 2012) at 0.0065%.

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

10. FY 2024 Tax Rate: Business License Tax on Large Non-Profits From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2024 tax rate for Business License Tax on large non-profits at $0.7909 (79.09 cents) per square foot of improvements.

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

11. FY 2024 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2024 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.2130 (21.30 cents) per square foot of improvements.

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

12. FY 2024 Tax Rate: Fund the Provision of Emergency Medical Services (Paramedic Tax)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2024 tax rate for funding the provision of emergency medical services to Berkeley residents at $0.0451 (4.51 cents) per square foot of improvements.

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

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Consent Calendar
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13. FY 2024 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E)
From: City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2024 tax rate for funding the provision of emergency services for the disabled at $0.02018 (2.018 cents) per square foot of improvements.

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

14. Contract: Berkeley Unified School District for Mental Health and Wellbeing Coordinator at Berkeley High School
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with the Berkeley Unified School District (BUSD) for a Mental Health and Wellness Coordinator at Berkeley High School (BHS) for a total contract limit of $350,000 for the period beginning June 26, 2023 and ending June 30, 2025.

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

15. Contract No. 32200084 Amendment: Capoeira Arts Foundation, Inc. (CAF), COVID-19 Outreach & Education
From: City Manager
Recommendation: Adopt a Resolution amending Contract No. 32200084 with Capoeira Arts Foundation, Inc. (CAF), to extend the contract end date through June 30, 2024 and increase the not-to-exceed amount (NTE) by $65,000 utilizing one-time grant funds. The amendment will increase the NTE amount from $ 206,025 to $271,025.

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

16. Contract No. 32200135 Amendment: Multicultural Institute, COVID-19 Outreach & Education
From: City Manager
Recommendation: Adopt a Resolution amending Contract No. 32200135 with Multicultural Institute, to extend the contract end date through June 30, 2024 and increase the not to exceed amount (NTE) by $65,000 utilizing one-time grant funds.

The amendment will increase the NTE amount from $121,000 to $186,000.

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

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Consent Calendar
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17. Ephesian Legacy Court and Woolsey Gardens Housing Trust Fund Reservations
From: City Manager
Recommendation: Adopt a Resolution: 1. Reserving $14,531,301 in Housing Trust Fund program funds for a development loan for Community Housing Development Corporation’s Ephesian Legacy Court (1708 Harmon Street) affordable housing development. 2. Reserving $1,000,000 in Housing Trust Fund program funds for a predevelopment loan for Northern California Land Trust’s Woolsey Gardens (3120- 3130 Shattuck) affordable housing development and waiving Sections I.A.1 and III.A.1 of the Housing Trust Fund Guidelines. 3. Authorizing the City Manager or her designee to execute all original or amended documents or agreements to effectuate these actions.

Financial Implications: See report.

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

18. Funding Recommendation for the Russell Street Project at 1741-1747 Russell From: City Manager
Recommendation: Adopt a Resolution: 1. Reserving up to $4,500,000 in General Funds received pursuant to Measure P for the Russell Street supportive housing project at 1741, 1743, and 1747 Russell Street as proposed by Berkeley Food and Housing Project (BFHP), contingent on BFHP’s timely submission of a complete application demonstrating they meet the City’s funding criteria; and 2. Authorizing the City Manager or her designee to execute all original or amended documents or agreements to effectuate this action.

Financial Implications: See report.

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

19. Contract: Chemical Procurement Services, LLC for King and West Campus Swim Centers
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Chemical Procurement Services, LLC for King and West Campus Swim Centers for a not-to-exceed total amount of $120,000 over a two-year period, beginning July 1, 2023 and ending June 30, 2025, contingent upon annual budget appropriations.

Financial Implications: General Fund - $120,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

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Consent Calendar
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20. Contract No. 32100065 Amendment: BMI Imaging Systems, Incorporated for Data Conversion Services for the Berkeley Police Department From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32100065 and any necessary amendments with BMI Imaging Systems, Incorporated for continuing data conversion services and necessary hosting services for the Berkeley Police Department (BPD), increasing the amount by $60,000 for a total contract not to exceed $260,000 and extending the term to six years through August 31, 2026.

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

21. Declaration of Intent – Fiscal Year 2024 Street Lighting Assessments From: City Manager
Recommendation: Adopt two Resolutions granting the City Manager the authority to approve the Engineer’s Reports; set a public hearing to be held before the Council of the City of Berkeley at its June 27, 2023 meeting; and authorize the City Clerk to publish Notice of the Public Hearing for Fiscal Year 2024 Levy of Assessments for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District 2018.

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

Action Calendar
The public may comment on each item listed on the agenda for action. 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 during one of the Action Calendar public comment periods on the item. Public comment will occur for each Action item (excluding public hearings, appeals, and/or quasi-judicial matters) in one of two comment periods, either 1) before the Action Calendar is discussed; or 2) when the item is taken up by the Council.

A member of the public may only speak at one of the two public comment periods for any single Action item.

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 f our 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.

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Action Calendar – Public Hearings
Tuesday, June 13, 2023 REVISED AGENDA Page 9
Staff shall introduce the public hearing item and present their comments. For 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.

22. Amendments to Berkeley Election Reform Act; Amending Berkeley Municipal Code Chapter 2.12
From: Fair Campaign Practices Commission
Recommendation: Conduct a public hearing and, upon conclusion, adopt first reading of an ordinance amending the Berkeley Election Reform Act (BMC Chapter

2.12) to modify the forms required to open a campaign committee, change the deadline to qualify for the public financing program and make associated amendments, clarify the rules for public financing candidates that do not qualify for the ballot, add an automatic inflator for the amount a public financing candidate can give to their own committee, clarify post-election processes for public financing candidates, modify the threshold to create a campaign committee, and clarify the rules for returning certain types of contributions.

Financial Implications: None
Contact: Sam Harvey, Commission Secretary, (510) 981-6950

23. FY 2024 Proposed Budget Update Public Hearing #2
From: City Manager
Recommendation: Conduct Public Hearing #2 on the FY 2024 Proposed Budget Update and provide staff with comments and direction.

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

Action Calendar – Old Business

24. Surveillance Ordinance items related to Fixed Surveillance Cameras and Unmanned Aerial Systems (UAS) (Continued from May 23, 2023) (Item contains Revised and Supplemental Material)
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
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Action Calendar – New Business
Tuesday, June 13, 2023 REVISED AGENDA Page 10

25. Provide Direction on Closing the Funding Gap to Complete Remaining Measure T1 Projects
From: City Manager
Recommendation: Identify up to $9.062M to cover the Measure T1 funding gap in order to complete the current remaining T1 projects.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700, Sharon Friedrichsen, Budget Manager, (510) 981-7000, Liam Garland, Public Works, (510) 981-6300

Action Calendar – Continued Business

A. Amendments to the COVID-19 Emergency Response Ordinance (Continued from June 6, 2023)
From: Mayor Arreguin (Author), Councilmember Harrison (Author), Councilmember Hahn (Author), Councilmember Robinson (Author) Recommendation: Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter 13.110, the COVID-19 Emergency Response Ordinance to adjust the required timeline to provide documentation proving that non- payment of rent was for a Covered Reason for Delayed Payment if an Unlawful Detainer is served.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100

Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the Ci ty 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 C ity’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 i ncluded in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

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

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

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

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, 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 June 8, 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 #24: Surveillance Ordinance items related to Fixed Surveillance Cameras and Unmanned Aerial Systems (UAS)

1. John Parman
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2. Christoverre Koher (2)

3. Carole Marasovic

Crime in Berkeley is Unacceptable

4. Tamara Birdsall

5. Dorothea Dorenz

Appreciation of Sergeant Perkins Badge #57

6. Anthony Johnson

Ellis Street Reparations Now – Mural Restoration

7. Catherin Huchting, et al

People’s Park

8. Wendy Stephens

Artists Affordable Housing Certification Program

9. Kathryn Reasoner

Use Permit for 3000 Shattuck

10. Lynn Cooper

Traffic Calming Henry Street Area

11. Simone Hoelck

$5.1M for the Waterfront

12. Jack Kurzweil

Dept. of Alcoholic Beverage Control for 1834 4th Street, Berkeley

13. Anneata Williams, ABC

UC’s EIR at People’s Park

14. Joe Liesner

Police Accountability Board

15. Bill Williams

Ashby BART Station RFP and Reparative Investments

16. South Berkeley Now

Lessons from a Renters’ Utopia (NY Times)

17. Jack Kurzweil

18. Joe Berry

Cal Sailing Club Volunteer

19. Onaje Boone
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UA Theater

20. Robert Cooper

Rent Control

21. Platon Yerofeyev

Targeted Justice

22. Special K

“Youth Peace” Campaign in California

23. Douglas Wain, on behalf of Youth Peace

Jail Time Affecting Credit Scores

24. Lavell Young
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

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

ACTION CALENDAR
June 13, 2023
(Continued from June 6, 2023)
To: Honorable Members of the City Council
From: Mayor Jesse Arreguín, Councilmembers Kate Harrison, Sophie Hahn, and Rigel Robinson
Subject: Amendments to the COVID-19 Emergency Response Ordinance

RECOMMENDATION
Adopt first reading of an Ordinance amending Berkeley Municipal Code (BMC) Chapter

13.110, the COVID-19 Emergency Response Ordinance to adjust the required timeline to provide documentation proving that non-payment of rent was for a Covered Reason for Delayed Payment if an Unlawful Detainer is served.

BACKGROUND
The City of Berkeley first declared a local emergency on March 3, 2020 in response to the COVID-19 pandemic. Shortly thereafter, Council passed BMC Chapter 13.110 - the COVID-19 Emergency Response Ordinance (“Chapter 13.110”) - prohibiting most evictions in Berkeley, which has been subsequently updated over the past couple of years. Pursuant to Government Code section 8630(b) and Berkeley Municipal Code section 2.88.040.A.1, on March 10, 2020, the City Council ratified the Proclamation of Local Emergency with the passage of Resolution No. 69,312-N.S. That proclamation is set to expire on May 20, 2023.

Before May 1, 2023, the only residential evictions that could take place in the City of Berkeley were to stop an imminent threat to the health and safety of other occupants. On February 27, 2023, the City Council adopted changes to Chapter 13.110 to create a Transition Period for the Eviction Moratorium. During this Transition Period, which lasts from May 1, 2023 through August 31, 2023, two additional types of evictions are allowed:

Owner move-in evictions where the owner only owns one rental property in the City of Berkeley; and evictions for non-payment of rent where the tenant has not provided documentation establishing a Covered Reason for Delayed Payment. Starting on September 1, 2023, the Eviction Moratorium will be fully lifted and all just cause evictions will be allowed.

As currently written, BMC 13.110.020.C(3) and BMC 13.110.040.C states that a tenant must provide documentation showing that they have a Covered Reason for Delayed Payment prior to the expiration of the notice to terminate tenancy. This refers to a three- day notice, meaning that the documentation must be submitted within that timeframe. In

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Amendments to COVID-19 Emergency Response Ordinance ACTION CALENDAR June 13, 2023

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many cases, three days does not provide enough time to compile and produce such documentation, especially in low-income households who may work multiple jobs to make ends meet. This issue was brought up at the May 2, 2023 meeting of the 4x4 Joint Committee of the City Council and Rent Board. To resolve this, references to timelines for responses are removed. Additionally, BMC 13.110.040.C is updated to encourage tenants to provide such documentation in advance. Doing so would prevent an Unlawful Detainer from being served in the first place, preventing undue stress on all parties involved. This language was modeled after the ordinance recently adopted in the City of Oakland.

Other minor amendments to Chapter 13.110 include updating the Findings and Purposes based on recent developments since Chapter 13.110 was last amended.

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

FISCAL IMPACTS OF RECOMMENDATION
None.

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

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ORDINANCE NO. -N.S.

ORDINANCE AMENDING CHAPTER 13.110 OF THE BERKELEY MUNICIPAL CODE, THE COVID-19 EMERGENCY RESPONSE ORDINANCE
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 13.110 is amended to read as follows:

Chapter 13.110
COVID-19 EMERGENCY RESPONSE ORDINANCE
Sections:

13.110.010 Findings and Purpose

13.110.020 Prohibited Conduct

13.110.030 Definitions

13.110.040 Collection of Back Rent and Late Fees

13.110.050 Application

13. 110.060 Implementing Regulations

13.110.070 Waiver

13.110.080 Remedies

13.110.090 Severability

13.110.100 Liberal Construction

13.110.010 Findings and Purposes
International, national, state and local health and governmental authorities are responding to an outbreak of respiratory disease caused by a novel coronavirus named "SARS-CoV-

2." and the disease it causes has been named "coronavirus disease 2019," abbreviated COVID-19, ("COVID-19"). In response to this emergency, on March 3, 2020, the City Manager acting as the Director of Emergency Services declared a local State of Emergency based on COVID-19 (hereinafter referred to as "the Local Emergency"), which the City Council subsequently ratified on March 10, 2020. On April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, and July 26, 2022, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, June 28, 2022, July 26, 2022, September 20, 2022, November 3, 2022, December 13, 2022, and January 31, 2023, and March 21, 2023 the council ratified an extension of the local emergency. In addition, on March 4, 2020, the Governor declared a state of emergency in California and the President of the United States declared a national state of emergency on March 13, 2020 regarding the novel coronavirus and COVID-19.

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On March 16, 2020, the City of Berkeley Public Health Officer, along with several other neighboring jurisdictions issued a Shelter in Place Order directing all individuals living in the City of Berkeley to shelter at their place of residence except that they may leave to provide or receive certain essential services or engage in certain essential activities, and prohibiting non-essential gatherings and ordering cessation of non-essential travel. On March 31, 2020 this Shelter in Place Order was extended to May 3, 2020, and restricted activities further.

Furthermore, on March 16, 2020, the Governor issued Executive Order N-28-20, specifically authorizing local governments to halt evictions for commercial tenants, residential tenants, and homeowners who have been affected by COVID-19, emphasizing that the economic impacts of COVID-19 have been significant and could threaten to undermine housing security as many people are experiencing material income loss as a result of business closures, the loss of hours or wages or layoffs related to COVID-19, hindering their ability to keep up with rents, mortgages and utility bills.

The Order also stated that because homelessness can exacerbate vulnerability to COVID-19, Californians must take measures to preserve and increase housing security for Californians to protect public health and specifically stated that local jurisdictions may take measures to promote housing security beyond what the state law would otherwise allow.

On April 21, 2020, Alameda County enacted an urgency ordinance prohibiting eviction for any reason other than withdrawal of rental property under the Ellis Act or court-ordered eviction for public safety. Although the Alameda County ordinance does not have effect within the incorporated area of Berkeley, it is desirable to ensure that Berkeley residents have at least the same level of protection as the residents of unincorporated Alameda County.

During this State of Emergency and during the transition period thereafter, and in the interests of protecting the public health and preventing transmission of the COVID-19, it is essential to avoid unnecessary displacement and homelessness. It is the intent of this Ordinance to fully implement the suspension of the statutory bases for eviction for nonpayment of rent and for default in the payment of a mortgage as authorized by Executive Order N-28-20.

While COVID-19 remains prevalent in the community, the City has made significant progress in addressing the impacts of COVID-19, including a reduction in the rates of hospitalization and death, as well as a citywide vaccination rate of at least ninety-four percent (94%).

Governor Gavin Newsom has also announced thatended the statewide COVID-19 State of Emergency will end on February 28, 2023. President Joe Biden has announced that ended the nationwide COVID-19 State of Emergency will end on May 11, 2023.

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Based on the current conditions in the City of Berkeley related to COVID-19, and to stay consistent with state actions, the City Manager has recommended that the City Council terminate the local emergency.

The effect of this chapter suspending the statutory basis for eviction due to nonpayment of rent remains in effect throughout the Covered Period, which concludes on the expiration of the local emergency. BMC Section 13.110.030.A allows the City Council to extend the duration of the Covered Period by resolution.

This ordinance makes further amendments to Chapter 13.110 to permit lawful owner- move in evictions pursuant to BMC Section 13.76.130.A.9 and to establish a Transition Period until August 31, 2023, during which time specified evictions would be allowed to take place.

13.110.020 Prohibited Conduct
A. During the Covered Period, no Landlord or Lender shall evict or attempt to evict a Resident of residential real property, or otherwise require a residential Tenant to vacate, unless necessary to stop an imminent threat to the health and safety of other occupants.

For purposes of this Ordinance, the basis for an exception to this Ordinance cannot be the Resident’s COVID-19 illness or exposure to COVID-19, whether actual or suspected.

B. Residential Eviction Moratorium. It shall be a complete defense to any action for unlawful detainer that the notice upon which the action is based was served or expired, or that the complaint was filed or served, during the Covered Period, except that a Landlord may serve a lawful notice pursuant to Section 13.76.130.A.9. after March 1, 2023, and such notice may form the basis of an unlawful detainer complaint beginning May 1, 2023.

C. During the Transition Period, no Landlord or Lender shall evict or attempt to evict a Resident of residential real property, or otherwise require a residential Tenant to vacate unless at least one of the following conditions is met:

1. Recovery of possession of real property is necessary to stop an imminent threat to the health and safety of other occupants; or

2. Owner Move-in Eviction. The Landlord seeks to recover possession of a residential unit for their own use and occupancy as their principal residence and the Landlord fully complies with all “Owner Move-in Eviction” requirements set forth in Berkeley Municipal Code section 13.76.130.A.9. However, a Landlord may not recover possession of any residential unit in this manner unless the Landlord owns only one residential property in the City of Berkeley. Notice for this exclusive reason may be served beginning March 1, 2023 and may be the basis for an unlawful detainer complaint beginning May 1, 2023.; or

3. The Landlord or Lender seeks to recover possession of real property following the tenant’s default in payment of rent that came due after the expiration of the Covered Period and for which tenant did not provide to the Landlord or Lender documentation establishing a Covered Reason for Delayed Payment as set forth in Berkeley Municipal Code section 13.110.040.C. Any notice to terminate tenancy served pursuant to this

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section must inform the tenant of their rights to submit documentation establishing a Covered Reason for Delayed Payment as set forth in Berkeley Municipal Code section

13.110.040.C. Notwithstanding any other notice requirements identified in Berkeley Municipal Code section 13.110.040.C, a A tenant who asserts a Covered Reason for Delayed Payment during the Transition Period shall provide landlord all required documentation prior to the expiration of the notice to terminate tenancy as set forth in Berkeley Municipal Code section 13.110.040.C.

D. For the duration of the Covered Period, if a residential tenant has a Covered Reason for Delayed Payment, the tenant may terminate a lease or rental agreement with 30 day notice without penalty. A tenant may also exercise rights under this subsection if the tenants or roommates of the tenants are or were registered at an educational institution that cancelled or limited in-person classes due to the COVID-19 pandemic.

13.110.030 Definitions
A. “Covered Period” means the period of time beginning with March 17, 2020 and concluding at the end of April 30, 2023.

B. “Transition Period” means the period of time beginning with May 1, 2023 and ending on August 31, 2023.

C. "Covered Reason for Delayed Payment" means:
(1) The basis for the eviction is nonpayment of rent, arising out of a material decrease in household, business, or other rental unit occupant(s)’s income (including, but not limited to, a material decrease in household income caused by layoffs or a reduction in the number of compensable hours of work, or to caregiving responsibilities, or a material decrease in business income caused by a reduction in opening hours or consumer demand), or material out-of-pocket medical expenses, or a reduction in the number of tenants living in the unit (including due to difficulty finding new tenants and/or subtenants willing and able to cover a sufficient share of rent) which reduces the ability of the remaining tenants to pay rent, or a rent increase that exceeds the Annual General Adjustment for the current year; and
(2) The decrease in household, business, or other rental unit occupant’s income or the expenses or reduction in number of tenants described in subparagraph (1) was caused by the impacts of COVID-19 pandemic, or by any local, state, or federal government response to COVID-19.

D. “Delayed Rent Payment Agreement” means a mutual agreement between a landlord and tenant regarding the timing and amount of payments for rent that is delayed by a Covered Reason for Delayed Payment.

E. “Homeowner” means the owner or owners of a Residential Unit subject to a mortgage or similar loan secured by the residential unit. “Homeowner” is limited to owners who reside in the unit and includes the individuals residing in the unit with the homeowner.

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F. "Landlord" includes owners, lessors, or sublessors of either residential rental property, and the agent, representative, or successor of any of the foregoing.

G. "Lender” means the mortgagee of a purchase money or similar mortgage, or the holder or beneficiary of a loan secured by one or more units, which person has the right to mortgage or similar payments from the owner as mortgagor, including a loan servicer, and the agent, representative, or successor of any of the foregoing.

H. “Resident” means a Tenant, Homeowner, or their household.

I. "Tenant" includes a tenant, subtenant, lessee, sublessee, lodger or any other person entitled by written or oral rental agreement to use or occupancy of residential property. “Tenant” includes a former trustor or homeowner who has lost title the real property in which they reside after a Trustee’s sale.

13.110.040 Collection of Back Rent and Late Fees
A. Nothing in this Chapter shall relieve the tenant of liability for unpaid rent, which the landlord may seek after expiration of the Covered Period, or after the Transition Period if the tenant establishes a Covered Reason for Delayed Payment. . Notwithstanding any lease provision to the contrary, a landlord may not charge or collect a late fee, fine, or interest for rent that is delayed by a Covered Reason for Delayed Payment. Landlords are encouraged to work with local agencies that will be making rental assistance available for qualifying tenants.

1. For rent accrued through January 31, 2021, Tenants shall have until March 31, 2022, or the date adopted by state law, as applicable, to pay rent that was delayed by a Covered Reason for Delayed Payment unless the landlord and tenant come to a mutual repayment agreement ("Delayed Rent Payment Agreement").

2. For rent accrued beginning February 1, 2021, Tenants shall have until July 31, 2023, to pay rent that was delayed by a Covered Reason for Delayed Payment, or the period of time adopted by state law, as applicable, unless the landlord and tenant come to a mutual repayment agreement ("Delayed Rent Payment Agreement").

3. Notwithstanding any lease provision to the contrary, a landlord may not charge or collect a late fee, fine, or interest for rent that is delayed by a Covered Reason for Delayed Payment.

C. It is recommended, butA Tenant is not required for a Tenant to provide documentation to the Landlord in advance to qualify for the delayed repayment of rent. However, upon the request of a Landlord, a Tenant shall provide such documentation to the Landlord within forty-five (45) days after the request or oyaction for possession of the subject rental unit. This provision shall not be construed to waive any obligation to respond to lawful discovery requests or to waive any right to seek additional time permitted by the California

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Code of Civil Procedure. A declaration sworn under penalty of perjury shall constitute documentation for the purpose of this requirement.

D. Any medical or financial information provided to the landlord shall be held in confidence, and shall not be disclosed to other entities unless such disclosure is permitted or required by the law, or unless the tenant explicitly authorizes the disclosure of the information in writing.

E. Any relief from the City of Berkeley either directly to a property owner on their own application or as a pass through for City relief payments to the tenant shall directly reduce the amount of any rent that was delayed by a Covered Reason for Delayed Payment.

This requirement shall be applied into any Delayed Rent Payment Agreement, regardless of the terms of that agreement.

13.110.050 Application
A. This Chapter applies to eviction notices and unlawful detainer actions based on notices served, filed, or which expire during the Covered Period and Transition Period. It does not apply to commercial leases where the term has expired and the City has issued a permit for the demolition or substantial alteration of the commercial unit, or to units ordered by the City to be vacated for the preservation of public health, including where the City deems necessary to control the spread of COVID-19.

B. Except where expressly required by state law (such as Assembly Bill 3088 or any subsequent statewide COVID-19 relief legislation), a landlord may seek rent accrued during the Covered Period as set forth in Section 13.110.040, but may not file an action pursuant to Code of Civil Procedure sections 1161(2) et seq. or otherwise seek to recover possession of a rental unit based on the failure to pay rent that accrued during the Covered Period. In any action to evict based on alleged nonpayment of rent, it shall be a complete defense to such action if any part of the rent in dispute accrued at any time during the Covered Period, or if the action otherwise demands any fees or amounts contrary to the provisions of this Chapter. A landlord shall not apply any rent payment towards rent that is delayed by a Covered Reason for Delayed Payment before applying it towards any other Rent owed without the explicit written permission of the Tenant.

C. A Landlord or Lender shall not retaliate against a Resident for exercising their rights under this Ordinance, including but not limited to shutting off any utilities reducing services or amenities, refusing to make or delaying repairs to which the Resident would otherwise be entitled, or taking actions which hurt the Resident’s credit rating based on nonpayment of rent during the Covered Period as allowed under this ordinance.

D. In addition to the affirmative defenses set forth above, in any action to recover possession of a rental unit filed under Berkeley Municipal Code section 13.76.130(A)(1), it shall be a complete defense that the landlord impeded the tenant’s effort to pay rent by refusing to accept rent paid on behalf of the tenant from a third party, or refusing to provide a W-9 form or other necessary documentation for the tenant to receive rental assistance from a government agency, non-profit organization, or other third party. Acceptance of

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rental payments made on behalf of the tenant by a third party shall not create a tenancy between the landlord and the third party.

13.110.060 Implementing Regulations
The City Manager may promulgate implementing regulations and develop forms to effectuate this Ordinance. This includes the option of requiring Landlords and Lenders to give a notice to Residents informing them of this Chapter and the right to seek the benefits of this Chapter.

13.110.070 Waiver.

A. By entering into a Delayed Rent Payment Agreement, Tenants do not waive any rights under this Chapter.

B. Any agreement by a Tenant to waive any rights under this ordinance shall be void and contrary to public policy.

13.110.080 Remedies
A. In the event of a violation of this Ordinance, any person or entity aggrieved by the violation may institute a civil proceeding for injunctive relief, and money actual damages as specified below, and whatever other relief the court deems appropriate.

1. An award of actual damages may include an award for mental and/or emotional distress and/or suffering. The amount of actual damages awarded to a prevailing plaintiff shall be trebled by the Court outside of the presence, and without the knowledge of, the jury, if any, if a defendant acted in knowing violation of, or in reckless disregard for, the provisions of this Chapter.

2. A defendant shall be liable for additional civil penalties of up to five thousand dollars for each violation of this Chapter committed against a person who is disabled within the meaning of California Government Code section 12926, et seq., or aged sixty-five or over.

3. In addition to the above awards of damages in a civil action under this Chapter, a prevailing plaintiff shall be entitled to an award of reasonable attorney’s fees. A prevailing defendant in a civil action under this Chapter shall only be entitled to an award of attorney’s fees if it is determined by the Court the action was wholly without merit or frivolous.

4. In addition, this Chapter grants a complete defense to eviction in the event that an eviction notice or unlawful detainer action is commenced, filed, or served in violation of this Chapter.

B. The protections provided by this ordinance shall be available to all Residents, regardless of any agreement wherein a Resident waives or purports to waive their rights under this Ordinance, with any such agreement deemed void as contrary to public policy.

C. A. Violations of Section 13.110.020(C) - (Commercial rent restrictions).

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1. Violations of Section 13.110.020(C) may be enforced by an administrative fine of up to $1,000 pursuant to Chapter 1.28. Each day a commercial property landlord demands rent in excess of the amount permitted pursuant to Section 13.110.020(C) is a separate violation. The City may also charge the costs of investigating and issuing any notices of violations, and any hearings or appeals of such notices.

2. The City Attorney may refer those violators of Section 13.110.020(C) to the Alameda County District Attorney for redress as a violation of Business and Professions Code section 17200, et seq. or, if granted permission by the District Attorney, may bring an action pursuant to Business and Professions Code section 17200, et seq.

D. Nonexclusive Remedies and Penalties. The remedies provided in this subdivision are not exclusive, and nothing in this Chapter shall preclude any person from seeking any other remedies, penalties or procedures provided by law.

13.110.090 Severability.

If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter. The Council of the City of Berkeley hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.

13.110.100 Liberal Construction
The provisions of this Chapter shall be liberally construed so as to fully achieve its purpose and provide the greatest possible protections to tenants.

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

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Tuesday, June 13, 2023 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, June 13, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708

TELECONFERENCE LOCATION - SOFITEL WASHINGTON DC LAFAYETTE SQUARE 806 15TH ST NW, WASHINGTON, DC 20005
TELECONFERENCE LOCATION – 1619 EDITH STREET, BERKELEY, CA 94703

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.

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 th is matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

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Tuesday, June 13, 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.

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

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Tuesday, June 13, 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 I nformation 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

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

Financial Implications: Various Funds - $650,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

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

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Consent Calendar
Tuesday, June 13, 2023 AGENDA Page 4

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

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

0.0050%.

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

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Consent Calendar
Tuesday, June 13, 2023 AGENDA Page 5

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

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Consent Calendar
Tuesday, June 13, 2023 AGENDA Page 6

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

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

The amendment will increase the NTE amount from $121,000 to $186,000.

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

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Consent Calendar
Tuesday, June 13, 2023 AGENDA Page 7

Financial Implications: See report.

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

Financial Implications: See report.

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

Financial Implications: General Fund - $120,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

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Consent Calendar
Tuesday, June 13, 2023 AGENDA Page 8

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

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

A member of the public may only speak at one of the two public comment periods for any single Action item.

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.

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Action Calendar – Public Hearings
Tuesday, June 13, 2023 AGENDA Page 9
Staff shall introduce the public hearing item and present their comments. For 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.

Financial Implications: None
Contact: Sam Harvey, Commission Secretary, (510) 981-6950

23. FY 2024 Proposed Budget Update Public Hearing #2
From: City Manager
Recommendation: Conduct Public Hearing #2 on the FY 2024 Proposed Budget Update and provide staff with comments and direction.

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

Action Calendar – Old Business

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

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Action Calendar – New Business
Tuesday, June 13, 2023 AGENDA Page 10

Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be filed aga inst 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 proj ect.

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 comm unications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

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

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

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

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

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Tuesday, June 13, 2023 AGENDA Page 11
COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

Mark Numainville, City Clerk

Item #24: Surveillance Ordinance items related to Fixed Surveillance Cameras and Unmanned Aerial Systems (UAS)

1. John Parman

2. Christoverre Koher (2)

3. Carole Marasovic

Crime in Berkeley is Unacceptable

4. Tamara Birdsall

5. Dorothea Dorenz

Appreciation of Sergeant Perkins Badge #57

6. Anthony Johnson

Ellis Street Reparations Now – Mural Restoration

7. Catherin Huchting, et al

People’s Park

8. Wendy Stephens

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Tuesday, June 13, 2023 AGENDA Page 12

Artists Affordable Housing Certification Program

9. Kathryn Reasoner

Use Permit for 3000 Shattuck

10. Lynn Cooper

Traffic Calming Henry Street Area

11. Simone Hoelck

$5.1M for the Waterfront

12. Jack Kurzweil

Dept. of Alcoholic Beverage Control for 1834 4th Street, Berkeley

13. Anneata Williams, ABC

UC’s EIR at People’s Park

14. Joe Liesner

Police Accountability Board

15. Bill Williams

Ashby BART Station RFP and Reparative Investments

16. South Berkeley Now

Lessons from a Renters’ Utopia (NY Times)

17. Jack Kurzweil

18. Joe Berry

Cal Sailing Club Volunteer

19. Onaje Boone

UA Theater

20. Robert Cooper

Rent Control

21. Platon Yerofeyev

Targeted Justice

22. Special K

“Youth Peace” Campaign in California

23. Douglas Wain, on behalf of Youth Peace

Jail Time Affecting Credit Scores

24. Lavell Young

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Tuesday, June 13, 2023 AGENDA Page 13
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

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

CONSENT CALENDAR
June 13, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Re-Vote to Adopt the Final Ordinance to Amend the Miscellaneous CalPERS Contract to Effectuate PEPRA Cost Sharing Agreements RECOMMENDATION:

Adopt second reading of Ordinance No. 7,863 N.S. – the final Ordinance 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 – in compliance with Government Code Section 20471.

FISCAL IMPACTS OF RECOMMENDATION:

None.

CURRENT SITUATION AND ITS EFFECTS:

Pursuant to Government Code Section 20471, there must be a twenty (20) day period between the adoption of the Resolution of Intention and the adoption of the final Ordinance. In this instance, the Resolution of Intention was adopted on May 9, 2023, while the final Ordinance was initially voted upon on May 23, 2023 – a few days short of the 20-day waiting period required by law. As such, a re-vote is necessary to ensure that the adoption of the final Ordinance complies with Government Code Section 20471.

The re-vote will not delay ramp-down implementation timelines, which take effect in July.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS:

There are no identifiable environmental effects or opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION:

Compliance with the 20-day waiting period required by Government Code Section 20471 necessitates a re-vote to adopt Ordinance No. 7,863 N.S. authorizing an amendment to the City’s CalPERS Miscellaneous contract.

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CONSENT CALENDAR
June 13, 2023
Adopt Final Ordinance for CalPERS Ramp Down

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ALTERNATIVE ACTIONS CONSIDERED:

None.

CONTACT PERSON:

Aram Kouyoumdjian, Human Resources Director, (510) 981-6807.

Attachments:
1: Ordinance No. 7,863 N.S.
2: May 9, 2023 Staff Report: Resolution of Intention to Amend the Miscellaneous CalPERS Contract to Effectuate PEPRA Cost Sharing Agreement

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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.

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

ACTION CALENDAR
May 9, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Resolution of Intention to Amend the Miscellaneous CalPERS Contract to Effectuate PEPRA Cost Sharing Agreements

RECOMMENDATION

1. Adopt the Resolution of Intention to amend the contract between the Board of Administration, California Public Employees’ Retirement System and the City Council for the City of Berkeley pursuant to California Government Code Section 20516 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.

2. Adopt first reading of an Ordinance amending the City’s contract with CalPERS to effectuate changes to the cost sharing agreement between the City and PEPRA members of Service 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.

Council adopted Resolution #70,156 N.S. at its December 14, 2021 meeting authorizing the FY 2021-22 amendment to the City’s CalPERS Miscellaneous contract. Council must now pass another Resolution of Intention to approve the FY 2023-24 contract amendment between the City and the Public Employees’ Retirement System Board of Administration.

FISCAL IMPACTS OF RECOMMENDATION
The terms of the new MOU PEPRA ramp down are as follows:

SEIU MC and the Unrepresented Employees group:
 FY 2023-24: 1% reduction of cost share for a total of 5%, effective July 9, 2023  FY 2024-25: 2% reduction of cost share for a total of 3%, effective July 7, 2024  FY 2025-26: 2% reduction of cost share for a total of 1%, effective July 6, 2025  FY 2026-27: 1% reduction of cost share for a total of 0%, effective July 5, 2026

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Attachment 2

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There are approximately 237 PEPRA employees in SEIU MC affected by this resolution.

There are approximately 74 unrepresented PEPRA employees affected by this resolution.

Funding for the ramp down comes from the General Fund and other special revenue funds. The applicable cost was included in the fiscal year 2023 budget and will be included in the budgets for fiscal years through 2027.

SEIU CSU/PTRLA and Local 1:
 FY 2023-24: 1% reduction of cost share for a total of 0%, effective July 9, 2023 There are approximately 228 PEPRA employees in SEIU CSU/PTRLA affected by this resolution.

There are approximately 78 PEPRA employees in Local 1 affected by this resolution.

Funding for the ramp down comes from the General Fund and other special revenue funds. This applicable cost was included in the fiscal year 2022 budget and will be included in the budgets for fiscal years through 2024.

CURRENT SITUATION AND ITS EFFECTS
Council adopted Resolution #70,156 N.S. at its December 14, 2021 meeting authorizing the FY 2023-24 amendment to the City’s CalPERS Miscellaneous contract. Council must now pass another Resolution of Intention to approve the FY 2023-24 contract amendment between the City and the Public Employees’ Retirement System Board of Administration. (See Cal. Gov. Code § 20516.) The contract amendment process includes the following steps:
 The City shall provide CalPERS with the Resolution and a cover letter indicating the exact percentage of change, total cost-share percentage, and who it is applicable to – completed March 15, 2023;
 CalPERS will contact the City to establish the Anticipated Schedule of Agency Actions and send the required documents;
 Over a time period specified by CalPERS, the City will:
o Conduct an employee election whereby a simple majority of the affected PEPRA members in the Unrepresented group must vote in favor of the proposed cost-share terms – completed in December 2021; o The City shall adopt a Resolution of Intention;
o The City shall approve the final reading of an ordinance or final resolution and complete certification forms.
 Once the documents are received and approved, the contract amendment becomes effective and is updated with the effective date in MyCalPERS.  CalPERS sends a fully executed contract to the City.

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ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACT
There are no identifiable environmental effects or opportunities associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
Council adopted Resolution #70,156 N.S. at its December 14, 2021 meeting authorizing an amendment to the City’s CalPERS Miscellaneous contract. Council must now pass another Resolution of Intention to approve the FY 2023-24 contract amendment between the City and the Public Employees’ Retirement System Board of Administration.

ALTERNATIVE ACTIONS CONSIDERED
None. The City is obligated under the existing labor agreements to complete the ramp downs in accordance with the MOUs.

CONTACT PERSON
Aram Kouyoumdjian, Director of Human Resources, (510) 981-6807.

Attachments:
1: Resolution of Intention to Approve an Amendment to Contract Between the Board of Administration of California Public Employees’ Retirement System and the City Council of the City of Berkeley
Exhibit A: Amendment to Contract Between the Board of Administration California Public Employees’ Retirement System and the City Council of the City of Berkeley
2: Ordinance of the City Council of the City of Berkeley 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 Exhibit A: Amendment to Contract Between the Board of Administration of the California Public Employees’ Retirement System and the City Council of the City of Berkeley
3: CalPERS Resolution of Intention
4: CalPERS Certification of Governing Body’s Action
5: CalPERS Certification of Compliance with Government Code Section 7507 6: CalPERS Certificate of Compliance with Government Code Section 20516

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RESOLUTION NO. XX,XXX

RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT

BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC

EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF

BERKELEY
WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change: To provide, pursuant to Section 20516 (Employees Sharing Additional Cost), for a reduction of 1% for new local miscellaneous members in the Unrepresented Employees group; the Service Employees International Union Local 1021 Maintenance and Clerical chapters; the Service Employees International Union Local 1021 Community Services & Part-Time Recreation Leaders Association chapter; and the Public Employees Union Local 1.

NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an exhibit and by this reference made a part hereof.

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ORDINANCE NO. #, ### 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.

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.

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.

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

CONSENT CALENDAR
June 13, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 13, 2023

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.

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $650,000.

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and PROJECT Fund Source Amount
Community Relationship
Management System (CRM) 680 IT Cost Allocation $450,000 Underground Diesel Storage
Tank and Piping Removal
and Installation of
Aboveground Tank
601 Zero Waste $200,000
Total: $650,000

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Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council June 13, 2023 Approval on June 13, 2023
upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

BACKGROUND
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S., amending the City Manager’s purchasing authority for services.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Finance Department reviews all formal bid and proposal solicitations to ensure that they include provisions for compliance with the City’s environmental policies. For each contract that is subject to City Council authorization, staff will address environmental sustainability considerations in the associated staff report to City Council.

RATIONALE FOR RECOMMENDATION
Need for the services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Darryl Sweet, General Services Manager, Finance, 510-981-7329 Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on April 25, 2023
a. Community Relationship Management System (CRM)
b. Underground Diesel Storage Tank and Piping Removal and Installation of Aboveground Tank
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

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NEXT 30 DAYS
DATE SUBMITTED: June 13, 2023
Attachment 1

SPECIFICATION
NO.

DESCRIPTION

OF GOODS /

SERVICES
BEING

PURCHASED
APPROX.

RELEASE DATE
APPROX. BID

OPENING DATE

INTENDED USE ESTIMATED
COST

BUDGET CODE TO

BE CHARGED
DEPT. / DIVISION CONTACT NAME
& PHONE
23-11606-C Community
Relationship
Management
System (CRM)
6/1/2023 7/15/2023 Software for an updated CRM system $ 450,000.00 350k: 680-35-364- 000-0000-000-472-
613130
100k: 680-35-364-
000-0000-000-472-
612990
Information
Technology /
Customer Service
311
Kathy Cassidy
510.981.6543
Barry Jennings
510.981.6532
DEPT. TOTAL $450,000
23-11607-C Underground
Diesel Storage
Tank and Piping
Removal and
Installation of
Aboveground
Tank
6/1/23 7/1/2023 Permitting, Site
Mobilization/Demobilization, Remove 2
underground storage tanks, associated
piping, and two pump stations, Excavate
Impacted Soil, Site Restoration, Perform
environmental soil, sidewall(s) and bottom
of tank sampling and analytical testing and
perform groundwater sampling if
encountered and analytical testing to
laboratory, installation of new
aboveground fuel tank and corresponding
dispenser,
Draft and Final UST Removal Report and
obtain City of Berkeley closure approval
$ 200,000.00 601-54-627-734-
3023-000-472-
612990-
Public Works /
Operations / Zero
Waste
Robert
Hernandez
510-981-6644
Uriel Gonzalez
510-981-
Joy Brown
510-981-6629
DEPT. TOTAL $200,000
TOTAL $650,000
1 of 1

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RECOMMENDATION
Adopt a Resolution authorizing a temporary appropriation in the sum of $50,000,000 to cover payroll and other expenses from July 1, 2023, until the effective date of the FY 2024 Annual Appropriations Ordinance.

FISCAL IMPACTS OF RECOMMENDATION
The financial implications are already stated in the Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
A temporary appropriation of funds is required to permit expenditures until the effective date of the Annual Appropriation Ordinance, which occurs 30 days after the second reading. Section 54, Article X of the Charter of the City of Berkeley authorizes such temporary appropriations.

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

BACKGROUND
The budget is scheduled for adoption on June 27, 2023, and the Annual Appropriations Ordinance is to be passed on the same day with a required second reading on July 11 2023. A temporary appropriation of funds is required to permit expenditures until the effective date of the Annual Appropriations Ordinance, which occurs approximately 30 days after the second reading (i.e., August 12). The sum appropriated, when expended, shall be chargeable to the Annual Appropriations Ordinance for FY 2024 when the budget has been adopted, and said Ordinance has been passed.

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 981-7326
Attachments:
1: Resolution

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

AUTHORIZING A TEMPORARY APPROPRIATION FOR PAYROLL AND OTHER EXPENSES FROM JULY 1, 2023 UNTIL THE EFFECTIVE DATE OF THE FISCAL YEAR 2023 ANNUAL APPROPRIATIONS ORDINANCE
WHEREAS, the City Charter of the City of Berkeley grants authority to the City Council to annually adopt an appropriations ordinance, to pay the expenses of conducting the business of City government for the next ensuing fiscal year; and WHEREAS, the Annual Appropriations Ordinance to be passed on June 27, 2023 will not be effective earlier than August 12, 2023.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that $50,000,000 be appropriated from available funds for payroll and other expenses from July 1, 2023 until the effective date of the FY 2024 Annual Appropriations Ordinance, chargeable to the appropriations for FY 2024.

BE IT FURTHER RESOLVED that it is the purpose and intent of this Resolution to make available funds as provided by Section 54, Article X, of the Charter of the City of Berkeley pending final adoption of the Annual Appropriations Ordinance for FY 2024.

BE IT FURTHER RESOLVED that the sum hereby appropriated shall, when expended, be chargeable to the appropriations of said fiscal year, when said Ordinance has been finally passed and adopted.

BE IT FURTHER RESOLVED that temporary inter-fund transfers be made as necessary to make funds available to carry out said purposes and intent of this resolution pending final adoption of said Ordinance.

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CONSENT CALENDAR
June 13, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2024 Tax Rate: Fund the Debt Service on the Affordable Housing General Obligation Bonds (Measure O, November 2018 Election)

RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2024 tax rate funding the debt service on the Affordable Housing General Obligation Bonds (Measure O, November 2018) at

0.0250%.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended 0.0250% will result in estimated collections of $4,600,000. This amount will be sufficient to make the debt service payments on the 2020 Series A and 2022 Series B Bonds with debt service due March 1, 2024 and September 1, 2024.

CURRENT SITUATION AND ITS EFFECTS
The 0.0250% tax rate for FY 2024 being set by the City Council is based on the debt service of the Series A and Series B Bonds, the estimated FY 2024 assessed values for all rolls (secured, unsecured and utility), a delinquency reserve of 5%, and the surplus remaining in the fund. Since Alameda County does not release final assessed value figures until early August, the City is using preliminary values. Staff is confident that the preliminary values will not be materially different from the County’s final figure. The City must establish a tax rate that will be sufficient to make debt service payments even if there are unusual levels of delinquency.

Because all taxes collected from the general obligation levy will be deposited in a special fund, and collections not used to pay debt service for the FY 2024 bond year will be retained in the fund to pay future obligations, the tax impact of any over-collection will be credited against future debt service payments and the required levy.

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Tax Rate: Fund Debt Service on Affordable Housing CONSENT CALENDAR General Obligation Bonds (Measure O, November 2018 Election) June 13, 2023

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It is recommended that the City Council authorize a FY 2024 tax rate of 0.0250% which will result in the following cost to the average homeowner during FY 2024:

Assessed
Value FY 2023 Tax FY 2024 Tax
$150,000 $30.00 $37.50
250,000 50.00 62.50
300,000 60.00 75.00
400,000 80.00 100.00
500,000 100.00 125.00
600,000 120.00 150.00
700,000 140.00 175.00
800,000 160.00 200.00
900,000 180.00 225.00
1,000,000 200.00 250.00

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

BACKGROUND
In November 2018, the residents of Berkeley voted for and approved Ballot Measure O, for the sum of $135,000,000 of General Obligation Bonds to create and preserve affordable housing for low-income households, working families, and individuals including teachers, seniors, veterans, the homeless, and persons with disabilities.

The first series of bonds was issued in April 2020. The second series was issued in May 2022.

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 510-981-7326 Attachments:
1: Ordinance
Annual Tax

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ORDINANCE NO. -N.S.

SETTING THE FISCAL YEAR 2024 TAX RATE FOR FUNDING THE DEBT SERVICE

ON THE AFFORDABLE HOUSING GENERAL OBLIGATION BONDS (MEASURE O, NOVEMBER 2018 ELECTION) IN THE CITY OF BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2024 tax rate for debt service on the General Obligation Bonds is set at 0.0250%.

Section 2. The Tax Rate will be based on the estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2024 property tax bill.

Section 3. This Tax Rate will result in estimated total collections of $4,600,000 needed to make the March 1, 2024 and September 1, 2024 debt service payments on the proposed General Obligation Bonds.

Section 4. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

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CONSENT CALENDAR
June 13, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department David Sprague, Interim Fire Chief, Fire Department
Subject: FY 2024 Tax Rate: Fund Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF)

RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2024 tax rate for funding Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF) in the City of Berkeley at the annual tax rate of $0.1176 (11.76 cents) per square foot of improvements.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy rate of the recommended $0.1176 per square foot of improvements is projected to yield approximately $9,770,233 in revenues.

CURRENT SITUATION AND ITS EFFECTS
The FY 2023 tax rate of $0.1126 is being adjusted by the Personal Income Growth of

4.440% based on Berkeley Municipal Code 7.83.020 as adopted by the City Council under Ordinance No. 7,745-N.S. on June 16, 2020. Measure FF is a special parcel tax for firefighting, emergency medical response and wildfire prevention that limits the annual tax rate based on the greater of the increase in the cost of living in the immediate San Francisco Bay Area or per capita personal income growth in California. It is estimated that the tax will cost taxpayers the following amounts for FY 2024, as compared with FY 2023:

Square
Feet FY 2023 FY 2024
1,200 $ 135.12 $ 141.12
1,500 168.90 176.40
1,900 213.94 223.44
3,000 337.80 352.80
3,900 439.14 458.64
10,000 1,126.00 1,176.00

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FY 2024 Tax Rate: Fund Firefighting, Emergency Medical CONSENT CALENDAR Response and Wildfire Prevention (Measure FF) June 13, 2023

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BACKGROUND
Measure FF authorized a special parcel tax for the purpose of funding firefighter and emergency medical response, upgrades to the 9-1-1 dispatch system, hazard mitigation, and wildfire prevention and preparedness activities.

In 2008, voters passed Measure GG to stop fire stations from being closed and services from being reduced, in the context of a major economic downturn. Measure GG designated the Disaster and Fire Safety Commission a formal oversight role, the duties of which are replicated, with respect to Measure FF, through the passage of this Council item.

Now, with rising challenges from climate change and fires, bigger demands on our emergency services, and the worst economic downturn since the Great Depression, Measure FF was placed on the November 2020 ballot by a unanimous vote of the City Council and it was approved by voters, to provide funds to modernize the City’s 9-1-1 dispatch system, upgrade equipment, hire additional paramedics, improve emergency alert systems and continue to clear fire fuels, among other things.

The effective date for this tax was January 1, 2021. The City will raise approximately $9,770,233 for FY 2024.

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

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, (510) 981-7326 David Sprague, Interim Fire Chief, (510) 981-5500
Attachments:
1: Ordinance

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

SETTING THE FISCAL YEAR 2024 SPECIAL TAX RATE TO FUND FIREFIGHTING,

EMERGENCY MEDICAL RESPONSE AND WILDFIRE PREVENTION (MEASURE FF)

IN THE CITY OF BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2024 tax rate to provide for the costs incurred for the firefighting, emergency medical response and wildfire prevention (Measure FF) is set at 0.1176 per square foot of improvements.

Section 2. The cost to taxpayers during FY 2024 will be $141.12 for a 1,200 square foot dwelling and $352.80 for a 3,000 square foot dwelling.

Section 3. This tax rate will result in estimated total collections of $9,770,233.

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CONSENT CALENDAR
June 13, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2024 Tax Rate: Fund Debt Service on Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election)

RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2024 tax rate for funding the debt service on the Neighborhood Branch Library Improvements Project General Obligation Bonds (Measure FF, November 2008 Election) at 0.0050%.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended 0.0050% will result in estimated collections of $1,350,000. This amount (along with existing funds on hand) is sufficient to make the debt service payments on March 1, 2024 and September 1, 2024.

CURRENT SITUATION AND ITS EFFECTS
The 0.0050% tax rate for FY 2024 being set by the City Council is based on the debt service, the estimated FY 2024 assessed values for all rolls (secured, unsecured and utility), a delinquency reserve of 5%, and the surplus remaining in the fund. Since Alameda County does not release final assessed value figures until early August, the City is using preliminary values. Staff is confident that the preliminary values will not be materially different from the County's final figure. The City must establish a tax rate that will be sufficient to make debt service payments even if there are unusual levels of delinquency. The tax rate in FY 2024 is a decrease in the rate charged in FY 2023.

It is recommended that the City Council authorize a FY 2024 tax rate of 0.0050% which will result in the following cost to the average homeowner during FY 2023:

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2024 Tax Rate: Fund Debt Service on Neighborhood CONSENT CALENDAR Branch Library Improvements Project General Obligation June 13, 2023 Bonds (Measure FF, November 2008 Election)

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Annual Tax
Assessed
Value FY 2023 Tax FY 2024 Tax
$150,000 $8.70 $7.50
250,000 14.50 12.50
300,000 17.40 15.00
400,000 23.20 20.00
500,000 29.00 25.00
600,000 34.80 30.00
700,000 40.60 35.00
800,000 46.40 40.00
900,000 52.20 45.00
1,000,000 58.00 50.00

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

BACKGROUND
In November 2008, the residents of Berkeley voted for and approved Ballot Measure FF, in the sum of $26,000,000 of General Obligation Bonds to renovate, expand, and make seismic and access improvements at the four neighborhood branch libraries (excluding the Central Library).

The indebtedness on the total bonds issued of $26,000,000 is payable solely from the levy of an ad valorem tax against taxable property in the City. The proceeds of the bonds were used to renovate, expand, and make seismic and access improvements at the four neighborhood branch libraries (excluding the Central Library). $10,000,000 of the $26,000,000 in authorized bonds were issued in 2009, and the remaining $16,000,000 of bonds were issued in 2010. The tax rate above reflects the debt service payments for the fiscal year.

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 510-981-7326 Attachments:
1: Ordinance

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ORDINANCE NO. -N.S.

SETTING THE FY 2024 TAX RATE FOR FUNDING THE DEBT SERVICE ON THE

NEIGHBORHOOD BRANCH LIBRARY IMPROVEMENTS PROJECT GENERAL OBLIGATION BONDS (MEASURE FF, NOVEMBER 2008 ELECTION) IN THE CITY OF

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

Section 1. The FY 2024 tax rate for the debt service on the General Obligation Bonds is set at 0.0050%.

Section 2. The Tax Rate will be based on the estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2024 property tax bill.

Section 3. This Tax Rate will result in estimated total collections of $1,350,000 needed to make the March 1, 2024 and September 1, 2024 debt service payments on the outstanding General Obligation Bonds.

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CONSENT CALENDAR
June 13, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2024 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I)

RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2024 tax rate funding the debt service on the 2015 consolidation of Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0115%.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended 0.0115% will result in estimated collections of $3,100,000. This amount (along with existing funds on hand) is sufficient to make the debt service payments on March 1, 2024 and September 1, 2024.

CURRENT SITUATION AND ITS EFFECTS
The 0.0115% tax rate for FY 2024 being set by the City Council is based on the current debt service, the estimated FY 2024 assessed values for all rolls (secured, unsecured, and utility), a delinquency reserve of 5%, and the surplus remaining in the fund. Since Alameda County does not release final assessed value figures until early August, the City is using preliminary values. Staff is confident that the preliminary values will not be materially different from the County’s final figure. The City must establish a tax rate that will be sufficient to make debt service payments even if there are unusual levels of delinquency. The tax rate in FY 2024 is a decrease in the rate charged in FY 2023.

It is recommended that the City Council authorize a FY 2024 tax rate of 0.0115% which will result in the following cost to the average homeowner during FY 2024:

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FY 2024 Tax Rate: Fund Debt Service on the Consolidated CONSENT CALENDAR General Obligation Bonds (Elections of 1992, 1996, 2002) June 13, 2023

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Annual Tax
Assessed
Value FY 2023 Tax FY 2024 Tax
$150,000 $19.50 $17.25
250,000 32.50 28.75
300,000 39.00 34.50
400,000 52.00 46.00
500,000 65.00 57.50
600,000 78.00 69.00
700,000 91.00 80.50
800,000 104.00 92.00
900,000 117.00 103.50
1,000,000 130.00 115.00

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

BACKGROUND
Measure G
On November 3, 1992, the voters of the City of Berkeley approved the incurring of bonded indebtedness for fire safety and seismic improvements to emergency facilities (Measure G). This indebtedness was not to exceed an aggregate principal amount of $55,000,000. The Series A Bonds in the amount of $8,000,000 were issued on June 1, 1993; Series B Bonds in the amount of $14,000,000 were issued on July 25, 1995; and Series C bonds in the amount of $10,500,000 were issued on July 1, 1997.

The indebtedness on the total bonds issued of $32,500,000 is payable solely from the levy of an ad valorem tax against taxable property in the City. The proceeds of the bonds were used to pay for, among other things, “repairing and seismic retrofitting of existing fire stations, the Public Safety Building, which contains the City communication center, and the Emergency Operations Center (EOC).” On November 1, 2002, the City issued $17,865,000 in General Obligation refunding bonds to refund the 1993 Measure G (Series A) and 1995 Measure G (Series B) General Obligation bonds. In May 2007, the City issued $4,340,000 in refunding bonds to refund the 1997 Measure G, (Series C) General Obligation bonds.

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FY 2024 Tax Rate: Fund Debt Service on the Consolidated CONSENT CALENDAR General Obligation Bonds (Elections of 1992, 1996, 2002) June 13, 2023

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Measure S
On November 5, 1996, the voters of the City of Berkeley approved incurring a total of $49,000,000 bonded indebtedness to ensure the safety of its public and employees and to revitalize downtown.

The indebtedness is payable solely from the levy of an ad valorem tax against taxable property in the City. The proceeds were used to restore, expand and make the Main Library earthquake-safe and improve disabled access to it; to internally retrofit and increase disabled accessibility to Martin Luther King Jr., Civic Center Building; and to install landscaping, street improvements, street lighting, and other related capital improvements within the downtown area of Berkeley.

On June 4, 1997 Series A Bonds in the amount of $10,000,000 were issued; on December 1, 1998 Series B Bonds in the amount of $25,000,000 were issued; and on August 1, 1999 Series C Bonds in the amount of $14,000,000 were issued. In May 2007, the City issued $41,245,000 in refunding bonds to refund the 1997, 1998, and 1999 Measure S (Series A, B, and C) General Obligation bonds.

Measure I
In November 2002, the residents of Berkeley voted for and approved Ballot Measure I, in the sum of $7,200,000 of General Obligation Bonds to acquire property, if necessary, and to construct or rehabilitate a building for an animal shelter that meets the requirements of state law.

The indebtedness on the total bonds issued of $7,200,000 is payable solely from the levy of an ad valorem tax against taxable property in the City. The proceeds of the bonds were used to acquire property, and to construct a building for an animal shelter that meets the requirements of state law.

The General Obligation Bonds in the amount of $7,200,000 were issued on January 9, 2008.

All bonds were consolidated in a refinancing completed on July 15, 2015, including the issuance of $36,680,000 in general obligation refunding bonds.

The tax rate above reflects the debt service payments for the fiscal year.

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 510-981-7326 Attachments:
1: Ordinance

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ORDINANCE NO. -N.S.

SETTING THE FY 2024 TAX RATE FOR FUNDING THE DEBT SERVICE ON THE 2015 REFUNDING GENERAL OBLIGATION BONDS
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2024 Tax Rate for the debt service on the 2015 Refunding General Obligation Bonds - Measures G, S and I (General Obligation Bonds - Elections of 1992, 1996 and 2002) at 0.0115%.

Section 2. The Tax Rate will be based on estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2024 property tax bill.

Section 3. This Tax Rate will result in estimated total collections of $3,100,000 needed to make the March 1, 2024 and September 1, 2024 debt service payments on Refunding General Obligation Bonds.

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CONSENT CALENDAR
June 13, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2024 Tax Rate: Fund the Debt Service on the Infrastructure and Facilities General Obligation Bonds (Measure T1, November 2016 Election)

RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2024 tax rate funding the debt service on the Infrastructure and Facilities Improvements General Obligation Bonds (Measure T1, November 2016) at 0.0140%.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended 0.0140% will result in estimated collections of $3,800,000. This amount will be sufficient to make the debt service payments on the 2017 Series A and 2021 Series B Bonds with debt service on March 1, 2024 and September 1, 2024.

CURRENT SITUATION AND ITS EFFECTS
The 0.0140% tax rate for FY 2024 being set by the City Council is based on the current debt service of the Series A and Series B Bonds, the estimated FY 2024 assessed values for all rolls (secured, unsecured and utility), a delinquency reserve of 5%, and the surplus remaining in the fund. Since Alameda County does not release final assessed value figures until early August, the City is using preliminary values. Staff is confident that the preliminary values will not be materially different from the County’s final figure. The City must establish a tax rate that will be sufficient to make debt service payments even if there are unusual levels of delinquency. The tax rate in FY 2024 is a decrease in the rate charged in FY 2023.

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FY 2024 Tax Rate: Fund Debt Service on Infrastructure and CONSENT CALENDAR Facilities Improvements (Measure T1, November 2016 Election) June 13, 2023

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It is recommended that the City Council authorize a FY 2024 tax rate of 0.0140% which will result in the following cost to the average homeowner during FY 2024:

Annual Tax
Assessed
Value FY 2023 Tax FY 2024 Tax
$150,000 $24.00 $21.00
250,000 40.00 35.00
300,000 48.00 42.00
400,000 64.00 56.00
500,000 80.00 70.00
600,000 96.00 84.00
700,000 112.00 98.00
800,000 128.00 112.00
900,000 144.00 126.00
1,000,000 160.00 140.00

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

BACKGROUND
In November 2016, the residents of Berkeley voted for and approved Ballot Measure T1, for the sum of $100,000,000 of General Obligation Bonds to make infrastructure and facility improvements. The pace of financing and tax rate will be determined based on the overall growth of the City’s assessed value and the total outstanding general obligation bond debt service such that the total combined tax rate (for general obligation bond repayment will not exceed 0.0492% which represents the 10-year historical tax rate as of June 2016).

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 510-981-7326 Attachments:
1: Ordinance

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ORDINANCE NO. -N.S.

SETTING THE FISCAL YEAR 2024 TAX RATE FOR FUNDING THE DEBT SERVICE

ON THE INFRASTRUCTURE AND FACILITIES IMPROVEMENTS GENERAL OBLIGATION BONDS (MEASURE T1, NOVEMBER 2016 ELECTION) IN THE CITY OF

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

Section 1. The FY 2024 tax rate for debt service on the General Obligation Bonds is set at 0.0140%.

Section 2. The Tax Rate will be based on the estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2024 property tax bill.

Section 3. This Tax Rate will result in estimated total collections of $3,800,000 needed to make the March 1, 2024 and September 1, 2024 debt service payments on the proposed General Obligation Bonds.

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CONSENT CALENDAR
June 13, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2024 Tax Rate: Fund the Debt Service on the Street and Watershed Improvements General Obligation Bonds (Measure M, November 2012 Election)

RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2024 tax rate funding the debt service on the Street and Integrated Watershed Improvements General Obligation Bonds (Measure M, November 2012) at 0.0065%.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended 0.0065% will result in estimated collections of $1,800,000. This amount (along with existing funds on hand) is sufficient to make the debt service payments on March 1, 2024 and September 1, 2024.

CURRENT SITUATION AND ITS EFFECTS
The 0.0065% tax rate for FY 2024 being set by the City Council is based on the current debt service, the estimated FY 2024 assessed values for all rolls (secured, unsecured and utility), a delinquency reserve of 5%, and the surplus remaining in the fund. Since Alameda County does not release final assessed value figures until early August, the City is using preliminary values. Staff is confident that the preliminary values will not be materially different from the County’s final figure. The City must establish a tax rate that will be sufficient to make debt service payments even if there are unusual levels of delinquency. The tax rate in FY 2024 is a decrease in the rate charged in FY 2023.

It is recommended that the City Council authorize a FY 2024 tax rate of 0.0065% which will result in the following cost to the average homeowner during FY 2024:

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FY 2024 Tax Rate: Fund Debt Service on Street and CONSENT CALENDAR Integrated Watershed Improvements (Measure M, November June 13, 2023 2012 Election)

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Annual Tax
Assessed
Value FY 2023 Tax FY 2024 Tax
$150,000 $11.25 $9.75
250,000 18.75 16.25
300,000 22.50 19.50
400,000 30.00 26.00
500,000 37.50 32.50
600,000 45.00 39.00
700,000 52.50 45.50
800,000 60.00 52.00
900,000 67.50 58.50
1,000,000 75.00 65.00

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

BACKGROUND
In November 2012, the residents of Berkeley voted for and approved Ballot Measure M, for the sum of $30,000,000 of General Obligation Bonds to accelerate street repaving and rehabilitation consistent with the 5-Year Street Rehabilitation Plan, integrating green infrastructure to the extent feasible. Green infrastructure includes but is not limited to: (a) surface level bio-retention measures (rain gardens, swales, bio-retention cells, permeable paving, etc.) within the parking strip, planter area of sidewalks, red zone curb-extensions, and in street medians as feasible; and (b) large underground storage pipes, which would fill during storm events and then discharge metered flows into the existing storm drain pipelines.
$15,000,000 of the $30,000,000 in authorized bonds were issued in 2014, and the remaining $15,000,000 of bonds were issued in 2016. The tax rate above reflects the debt service payments for the fiscal year.

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 510-981-7326 Attachments:
1: Ordinance

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ORDINANCE NO. -N.S.

SETTING THE FISCAL YEAR 2024 TAX RATE FOR FUNDING THE DEBT SERVICE

ON THE STREET AND WATERSHED IMPROVEMENTS GENERAL OBLIGATION BONDS (MEASURE M, NOVEMBER 2012 ELECTION) IN THE CITY OF BERKELEY BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2024 tax rate for debt service on the General Obligation Bonds is set at 0.0065%.

Section 2. The Tax Rate will be based on the estimated assessed values for all rolls (secured, unsecured, and utility) and will become a part of the FY 2024 property tax bill.

Section 3. This Tax Rate will result in estimated total collections of $1,800,000 needed to make the March 1, 2024 and September 1, 2024 debt service payments on the outstanding General Obligation Bonds.

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RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2024 tax rate for Business License Tax on large non-profits at $0.7909 (79.09 cents) per square foot of improvements.

FISCAL IMPACTS OF RECOMMENDATION
The increase in the tax rate from $0.7573 (75.73 cents) per square foot of improvements in FY 2023 to $0.7909 (79.09 cents) per square foot of improvements in FY 2024, based on the Personal Income Growth (PIG) of 4.440% will result in estimated total collections of approximately $570,648 from $548,766 in FY 2023.

CURRENT SITUATION AND ITS EFFECTS
The non-profit organizations with over 120,000 square feet of business improvements were taxed at a rate of $0.7573 (75.73 cents) in FY 2023, as approved by the voters with Measure S on November 2, 2010. That measure also approved the indexing of tax for inflation, based on the higher of Personal Income Growth or the Consumer Price Index in May. The PIG reported on May 2, 2023 was 4.440% while the CPI reported on May 10, 2023 by the U.S.

Department of Labor’s Bureau of Labor Statistics was 4.192%.

BACKGROUND
In 1994, the voters of California adopted Article XIII, Section 26 of the California Constitution, which prohibits local governments from taxing non-profit organizations based on their gross receipts. Prior to this date, the City’s business license tax ordinance had imposed a gross receipts tax on non-profit organizations, which raised approximately $250,000 per year. Article XIII, Section 26 does not prohibit local agencies from taxing non-profit organizations on bases other than gross receipts. On November 3, 1998, the voters approved Measure G with over 61% of the votes cast. Measure G amended the City’s business license tax ordinance to impose a charge of $0.51 (51 cents) on the square footage of business improvements over the first 120,000 square feet, and would be indexed for inflation annually for the following year in May, by the greater of the increase in the cost of living in the immediate San Francisco Bay Area or per capita personal income growth in the state, as verified by official United States Bureau of Labor Statistics.

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FY 2024 Tax Rate: Business License Tax on Large Non-Profits CONSENT CALENDAR June 13, 2023

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

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 981-7326
Attachments:
1: Ordinance

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ORDINANCE NO. - N.S.

SETTING THE FY 2024 MUNICIPAL TAX RATE FOR THE CITY OF BERKELEY FOR

BUSINESS LICENSE TAX ON LARGE NON-PROFITS
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The rate of tax for the FY 2024 business license tax on large non-profits is as follows:
$0.7909 per square foot of improvements over 120,000 square feet Section 2. This tax rate will result in estimated total collections of $570,648.

Section 3. This Ordinance shall take effect and be in full force from and after its final passage.

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RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2024 tax rate for funding all improvements for the maintenance of parks, City trees, and landscaping in the City of Berkeley at $0.2130 (21.30 cents) per square foot of improvements.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended $0.2130 per square footage will result in estimated collections of $17,664,146 for the Park Tax Fund. The increase in the tax rate of $0.0091 per square foot will result in a $17.29 annual increase for the citywide average 1900 square foot home.

CURRENT SITUATION AND ITS EFFECTS
The FY 2023 tax of $0.2039 is being adjusted by the Personal Income Growth of 4.440% as authorized on November 3, 2020, by voter approved Measure LL as the voters approved the greater of the Consumer Price Index in the immediate San Francisco Bay Area of

4.192% or Personal Income Growth increase in California of 4.440%.

It is recommended that City Council authorize the levy of a special tax of $0.2130 per square foot of all improvements in the City of Berkeley. The tax will result in a cost to taxpayers in the following average amounts during FY 2024, as compared with the amounts for FY 2023:

Annual Tax
Square Feet FY 2023 FY 2024
1,200 $244.68 $255.60
1,500 305.85 319.50
1,900 387.41 404.70
3,000 611.70 639.00
3,900 795.21 830.70
10,000 2,039.00 2,130.00

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FY 2024 Tax Rate: Fund the Maintenance of CONSENT CALENDAR Parks, City Trees, and Landscaping June 13, 2023

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BACKGROUND
On May 6, 1997, the voters of the City of Berkeley approved a special tax solely to provide funding for the direct cost of acquisition and maintenance of improvements related to parks and landscaping in the City of Berkeley. As a result of the requirements of State Proposition 218, this special tax replaced the annual revenue previously generated by the Citywide Landscape Assessment District.

The tax may be increased or decreased annually in May, according to the greater of the increase or decrease in the cost of living in the immediate San Francisco Bay Area or personal income growth in the state of California, as verified by official United States economic reports.

On November 3, 2020, over 81% of Berkeley voters approved Measure LL to re-authorize the City, for a period of four (4) years through FY 2024, to spend the Parks Maintenance tax as approved by the voters.

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

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 981-7326
Attachments:
1: Ordinance

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ORDINANCE NO. -N.S.

SETTING THE FISCAL YEAR 2024 SPECIAL TAX RATE TO FUND MAINTENANCE

OF PARKS, CITY TREES AND LANDSCAPING IN THE CITY OF BERKELEY BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2024 Tax Rate for the maintenance of parks, City trees and landscaping is set at $0.2130 per square foot of taxable improvements.

Section 2. The cost to the taxpayer during FY 2024 will be $255.60 for a 1,200 square foot home and $639.00 for a 3,000 square foot home.

Section 3. This Tax Rate will result in estimated total collections of $17,664,146.

Section 4. The tax imposed by this ordinance does not apply to any property owner whose total personal income, from all sources for the previous calendar year, does not exceed that level which shall constitute a very low income, as established by resolution of City Council.

Section 5.

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

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CONSENT CALENDAR
June 13, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2024 Tax Rate: Fund the Provision of Emergency Medical Services (Paramedic Tax)

RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2024 tax rate for funding the provision of emergency medical services to Berkeley residents at $0.0451 (4.51 cents) per square foot of improvements.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended $0.0451 per square footage will result in estimated total collections of $3,742,618 for the Emergency Medical Services fund. The increase in the tax rate of $0.0018 per square foot will result in a $3.42 annual increase for the citywide average 1900 square foot home.

CURRENT SITUATION AND ITS EFFECTS
The FY 2023 tax of $.0433 is being adjusted by the increase in the Consumer Price Index in the immediate San Francisco Bay Area of 4.192%, as authorized by the voters on May 6, 1997.

It is recommended that the City Council authorize the levy of a special tax of $0.0451 per square foot of all improvements in the City of Berkeley. The tax will result in a cost to taxpayers in the following average amounts during Fiscal Year 2024, as compared with amounts for FY 2023:

Annual Tax
Square Feet FY 2023 FY 2024
1,200 $51.96 $54.12
1,500 64.95 67.65
1,900 82.27 85.69
3,000 129.90 135.30
3,900 168.87 175.89
10,000 433.00 451.00

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FY 2024 Tax Rate: Fund the Provision of Emergency Medical Services CONSENT CALENDAR June 13, 2023

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BACKGROUND
On May 6, 1997, the voters authorized the City to replace the Emergency Medical Services Assessment District, with an Emergency Medical Services Tax. On November 3, 2020, over 81% of Berkeley voters approved Measure LL to re-authorize the City, for a period of four (4) years through FY 2024, to spend the Emergency Medical Services tax.

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

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 981-7326
Attachments:
1: Ordinance

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ORDINANCE NO. -N.S.

SETTING THE FISCAL YEAR 2024 SPECIAL TAX RATE TO FUND THE PROVISION

OF EMERGENCY MEDICAL SERVICES FOR THE CITY OF BERKELEY
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2024 Tax Rate for Emergency Medical Services is set at $0.0451 per square foot of taxable improvements.

Section 2. The cost to taxpayers during FY 2024 will be $54.12 for a 1,200 square foot home and $135.30 for a 3,000 square foot home.

Section 3. This tax rate will result in estimated total collections of $3,742,618.

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CONSENT CALENDAR
June 13, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2024 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E)

RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2024 tax rate for funding the provision of emergency services for the disabled at $0.02018 (2.018 cents) per square foot of improvements.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended $0.02018 will result in estimated collections of $1,673,845 for the fund. The increase in the tax rate of $0.00086 per square foot will result in a $1.634 annual increase for the citywide average 1900 square foot home.

CURRENT SITUATION AND ITS EFFECTS
The FY 2023 tax of $0.01932 is being adjusted by the Personal Income Growth of 4.440% (or $0.00086) as the voters approved the greater of the Consumer Price Index in the immediate San Francisco Bay Area of 4.192% or Personal Income Growth increase in California of 4.440%.

It is recommended that the City Council authorize the levy of a special tax of $0.02018 per square foot of all improvements in the City of Berkeley. The tax will result in a cost to taxpayers in the following average amounts during Fiscal Year 2024, as compared with amounts for FY 2023:

Square Feet
Annual Tax
FY 2023 FY 2024
1,200 $23.18 $24.22
1,500 28.98 30.27
1,900 36.71 38.34
3,000 57.96 60.54
3,900 75.35 78.70
10,000 193.20 201.80

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FY 2024 Tax Rate: Fund Emergency Services for the Severely Disabled CONSENT CALENDAR June 13, 2023

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BACKGROUND
The Emergency Services for the Severely Disabled Tax (Measure E) was passed by the voters in November 1998. The tax is used to provide emergency services and incidental case management for severely physically disabled persons. The City Council is authorized to increase the tax rate by the greater of the Consumer Price Index in the immediate San Francisco Bay Area or Personal Income Growth in California.

On November 3, 2020, over 81% of Berkeley voters approved Measure LL to re-authorize the City, for a period of four (4) years through FY 2024, to spend the emergency services for the severely disabled tax.

ALTERNATIVE ACTIONS CONSIDERED
The City Council may consider maintaining the current tax rate of $0.01932 with projected revenue of $1,630,403 and no increase to property owners. Or, the City Council may consider increasing the tax rate by the Consumer Price Index in the immediate San Francisco Bay Area of 4.192% in California. This would result in projected revenue of $1,669,871, and an increase of $0.63 for the citywide average 1900 square foot home.

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

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 981-7326
Attachments:
1: Ordinance

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ORDINANCE NO. -N.S.

SETTING THE FISCAL YEAR 2024 SPECIAL TAX RATE TO FUND EMERGENCY

SERVICES FOR THE SEVERELY DISABLED IN THE CITY OF BERKELEY BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The FY 2024 Tax Rate to fund emergency services for severely disabled persons is set at $0.02018 per square feet of improvements.

Section 2. The cost to taxpayers during FY 2024 will be $24.22 for a 1,200 square foot home and $60.54 for a 3,000 square foot home.

Section 3. This tax rate will result in estimated total collections of $1,673,845.

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CONSENT CALENDAR
June 13, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Contract: Berkeley Unified School District for Mental Health and Wellbeing Coordinator at Berkeley High School

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with the Berkeley Unified School District (BUSD) for a Mental Health and Wellness Coordinator at Berkeley High School (BHS) for a total contract limit of $350,000 for the period beginning June 26, 2023 and ending June 30, 2025.

FISCAL IMPACTS OF RECOMMENDATION
The total not-to-exceed amount of this contract will be $350,000. Funds for the scope of work in the amount of $350,000 will be provided by General Fund (Fund 011). This funding was included in a budget referral approved by City Council on May 31, 2022.

Funding is available in the Fiscal Year (FY) 2023 and FY 2024 approved budgets.

CURRENT SITUATION AND ITS EFFECTS
The mental health crisis among youth nationwide has increased dramatically in recent years. In May 2022, the suicide of a BHS student who had been struggling with mental health issues revealed the extent of Berkeley’s local mental health crisis. This tragic event also shed light on the ongoing insufficient mental health services and training available at BHS.

On May 31, 2022, Berkeley City Council, in consultation with the Berkeley Department of Health, Housing and Community Services (HHCS), approved funding for an additional position to enhance the mental health and wellbeing of students at BHS.

BACKGROUND
Over the past several months, HHCS has worked closely with BHS’s Vice Principal (VP) of Culture and Climate to root this project in strong BUSD-HHCS collaboration. The Mental Health and Wellbeing Coordinator will be hired by BUSD under the supervision of the BHS VP of Culture and Climate, who will work in partnership with the BHS Health Center’s Mental Health Program Supervisor.

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Contract with Berkeley Unified School District CONSENT CALENDAR June 13, 2023

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The VP of Culture and Climate is leading efforts to establish a new Wellness Center at BHS, scheduled to open at the start of the 2023-24 school year. The Center will provide a safe, welcoming space where BHS students can access a host of behavioral health and resilience-building activities and services. The Mental Health and Wellbeing Coordinator will have a lead role in launching and developing the Wellness Center and in establishing and coordinating the continuum of services and activities needed to support students, ranging from prevention to early intervention to crisis management.

With the opening of the Wellness Center, the partnership of the City’s BHS Health Center, and the leadership of the VP of Culture and Climate, the City-funded Mental Health and Wellbeing Coordinator will be in a strong position to expand and coordinate resources and services for BHS students.

RATIONALE FOR RECOMMENDATION
Funding for this project was approved by City Council on May 31, 2022. The scope of this contract reflects a shared City of Berkeley-BUSD vision for strengthening the mental health and wellbeing of BHS students. BUSD is investing significantly in this project through the establishment of a new BHS Wellness Center and a new Mental Health Counselor for BHS. The Mental Health and Wellbeing Coordinator position will complement BHS’s plans and advance Berkeley City Council’s intention to improve and expand mental health services for BHS students.

ALTERNATIVE ACTIONS CONSIDERED
Staff explored the possibility of making the position an HHCS employee, but ultimately determined that the most effective approach would be to establish a new City-funded Mental Health and Wellbeing Coordinator position within BUSD. As a BUSD employee, the position will have better access to and be better able to build trusting working relationships with students, families, and staff.

CONTACT PERSON
Nina Goldman, Senior Management Analyst, HHCS, 510.981.5420 Attachments:
1: Resolution

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

CONTRACT: BERKELEY UNIFIED SCHOOL DISTRICT FOR

MENTAL HEALTH AND WELLBEING COORDINATOR
WHEREAS, on May 31, 2022, City Council approved a Budget Referral: Fund Mental Health Wellness Support and Services Coordinator at the Berkeley High School Health Center; and
WHEREAS, the approved Budget Referral allocated funding not to exceed $350,000 for FY 2023 and FY 2024 to support this position; and
WHEREAS, working in partnership with HHCS, Berkeley Unified School District has established a new position, Mental Health and Wellbeing Coordinator, at Berkeley High School, to strengthen, expand, and coordinate services and resources that promote student mental health and wellbeing; and
WHEREAS, the Berkeley Unified School District has been a trusted partner in the implementation of a variety of programs in collaboration with the City; and WHEREAS, funds in the amount of $350,000 are available for this contract in the amount of $175,000 in FY 2023 and $175,000 FY 2024 in General Fund (Fund 011).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to execute a contract with the Berkeley Unified School District for a Mental Health and Wellbeing Coordinator position at Berkeley High School through June 30, 2025 in an amount not to exceed $350,000. A record signature copy of said contract and any amendments shall be on file in the Office of the City Clerk.

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CONSENT CALENDAR
June 13, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Contract No. 32200084 Amendment: Capoeira Arts Foundation, Inc. (CAF), COVID-19 Outreach & Education.

RECOMMENDATION
Adopt a Resolution amending Contract No. 32200084 with Capoeira Arts Foundation, Inc. (CAF), to extend the contract end date through June 30, 2024 and increase the not- to-exceed amount (NTE) by $65,000 utilizing one-time grant funds. The amendment will increase the NTE amount from $206,025 to $271,025.

FISCAL IMPACTS OF RECOMMENDATION
The amendment will add $65,000 with a total not-to-exceed amount of $271,025. The funding for this amendment is subject to appropriation in the FY2024 Budget in the One- Time Fund (Fund 336).

CURRENT SITUATION AND ITS EFFECTS
Amending contract number 32200084 with Capoeira Arts Foundation, Inc. (CAF) will allow CAF to continue providing culturally responsive COVID-19 education and outreach services to the Berkeley community through the end of the Enhancing Laboratories Capacity (ELC) grant period. These services will aid in slowing the spread of COVID-19 and ensure all Berkeley residents have equitable access to COVID-19 vaccines, testing, treatment, and other infection control and healthcare measures.

BACKGROUND
In response to the COVID-19 Pandemic, the City of Berkeley partnered with CAF to ensure all Berkeley residents have equitable access to COVID-19 vaccines, testing, treatment, and other infection control and healthcare measures. These efforts have included organizing and facilitating COVID-19 education and outreach events, hosting vaccine clinics, supporting community and school-based vaccine events, engaging in door-knocking campaigns and community canvassing events, hosting Health Justice Interns, and distributing COVID-19 test kits prioritizing Berkeley residents who are uninsured, under insured, undocumented, or face other barriers to accessing test kits.

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Contract Amendment for Contract Amendment for BACS’ North County HRC CONSENT CALENDAR June 13, 2023

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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 additional funding identified will aid in slowing the spread of COVID-19 throughout the Berkeley community and will ensure all Berkeley residents have equitable access to COVID-19 vaccines, testing, treatment, and other infection control and healthcare measures.

ALTERNATIVE ACTIONS CONSIDERED
Staff did not identify other alternatives that are consistent with both the grant purpose, City priorities, and CDC’s COVID-19 guidance.

CONTACT PERSON
Katharine Sullivan, Community Services Specialist III, HHCS, 510-981-5286 Attachment:

1. Resolution

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

CONTRACT NO. 32200084 AMENDMENT: CAPOEIRA ARTS FOUNDATION, INC (CAF) FOR COVID-19 OUTREACH & EDUCATION
WHEREAS, the City of Berkeley issued Request for Proposal #21-11450-C on May 12, 2021 to engage with community partners to engage Berkeley residents and workers by providing education and outreach on COVID-19, targeting vaccination efforts to reach those most vulnerable to and at risk of COVID-19, and supporting infected individuals required to isolate; and
WHEREAS, a panel of experts reviewed applications and recommended agencies to provide services to reach Berkeley residents and workers who are vulnerable to and at risk of COVID-19 infection, and these services are a critical part of the City’s efforts to prevent the spread of COVID-19; and
WHEREAS, on October 1, 2021, under the State of Emergency Order the City Manager authorized Health, Housing, and Community Services’ Public Health Officer Unit to enter into a contract with Capoeira Arts Foundation, Inc (CAF) (Contract #32200084) to provide culturally responsive COVID-19 education and outreach services to the Berkeley community; and
WHEREAS, additional funds from the Enhancing Laboratories Capacity (ELC) grant in the amount of $65,000.00 are available to increase the contract amount which will allow CAF to continue providing culturally responsive COVID-19 education and outreach services to the Berkeley community through the end of the grant period.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to amend Contract No. 32200084 with Capoeira Arts Foundation, Inc. (CAF), to extend the contract end date through June 30, 2024 and increase the not-to-exceed amount (NTE) by $65,000 to a total of $271,025 utilizing one-time grant funds.

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CONSENT CALENDAR
June 13, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Contract No. 32200135 Amendment: Multicultural Institute, COVID-19 Outreach & Education

RECOMMENDATION
Adopt a Resolution amending Contract No. 32200135 with Multicultural Institute, to extend the contract end date through June 30, 2024 and increase the not to exceed amount (NTE) by $65,000 utilizing one-time grant funds. The amendment will increase the NTE amount from $121,000 to $186,000.

FISCAL IMPACTS OF RECOMMENDATION
The amendment will add $65,000 with a total not-to-exceed amount of $186,000. The funding for this amendment is available in the FY2024 Adopted Budget in One-Time Fund (Fund 336).

CURRENT SITUATION AND ITS EFFECTS
Amending contract number 32200135 with Multicultural Institute will allow Multicultural Institute to continue providing culturally responsive COVID-19 education and outreach services to the Berkeley community, specifically to residents who are day laborers, domestic workers, monolingual Spanish speakers, and recent immigrants, through the end of the Enhancing Laboratories Capacity (ELC) grant period. These services will aid in slowing the spread of COVID-19 and ensure all Berkeley residents have equitable access to COVID-19 vaccines, testing, treatment, and other infection control and healthcare measures.

BACKGROUND
In response to the COVID-19 Pandemic, the City of Berkeley partnered with Multicultural Institute to ensure all Berkeley residents have equitable access to COVID- 19 vaccines, testing, treatment, and other infection control and health care measures.

These efforts have included organizing and facilitating COVID-19 education and outreach events, hosting vaccine and testing clinics, engaging in door-knocking campaigns and community canvassing events, hosting Health Justice Interns, and distributing COVID-19 test kits prioritizing Berkeley residents who are uninsured, underinsured, undocumented, or face other barriers to accessing test kits.

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Contract Amendment for Contract Amendment for BACS’ North County HRC CONSENT CALENDAR June 13, 2023

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

ALTERNATIVE ACTIONS CONSIDERED
Staff did not identify other alternatives that are consistent with both the grant purpose, City priorities, and CDC’s COVID-19 guidance.

CONTACT PERSON
Katharine Sullivan, Community Services Specialist III, HHCS, 510-981-5286 Attachment:

1. Resolution

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

CONTRACT NO. 32200135 AMENDMENT: MULTICULTURAL INSTITUTE, FOR COVID-19 OUTREACH & EDUCATION
WHEREAS, the City of Berkeley issued Request for Proposal #21-11450-C on May 12, 2021 to engage with Community Partners to engage Berkeley residents and workers by providing education and outreach on COVID-19, targeting vaccination efforts to reach those most vulnerable to and at risk of COVID-19, and supporting infected individuals required to isolate; and
WHEREAS, a panel of experts reviewed applications and recommended agencies to provide services to reach Berkeley residents and workers who are vulnerable to and at risk of COVID-19 infection, and these services are a critical part of the City’s efforts to prevent the spread of COVID-19; and
WHEREAS, on January 4, 2022, under the State of Emergency Order the City Manager authorized Health Housing and Community Services’ Public Health Officer Unit to enter into a contract with Multicultural Institute (Contract #32200135) to provide culturally responsive COVID-19 education and outreach services to the Berkeley community; and WHEREAS, an additional $65,000.00 in grant funding is available to increase the contract amount which will allow Multicultural Institute to continue providing culturally responsive COVID-19 education and outreach services to the Berkeley community through the end of the Enhancing Laboratories Capacity (ELC) grant period.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 32200135 with Multicultural Institute, to extend the contract end date through June 30, 2024 and increase the not to exceed amount (NTE) by $65,000 utilizing one-time grant funds. The amendment will increase the NTE amount from $121,000 to $186,000.

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CONSENT CALENDAR
June 13, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Ephesian Legacy Court and Woolsey Gardens Housing Trust Fund Reservations

RECOMMENDATION
Adopt a Resolution:

1. Reserving $14,531,301 in Housing Trust Fund program funds for a development loan for Community Housing Development Corporation’s Ephesian Legacy Court (1708 Harmon Street) affordable housing development.

2. Reserving $1,000,000 in Housing Trust Fund program funds for a predevelopment loan for Northern California Land Trust’s Woolsey Gardens (3120-3130 Shattuck) affordable housing development and waiving Sections I.A.1 and III.A.1 of the Housing Trust Fund Guidelines.

3. Authorizing the City Manager or her designee to execute all original or amended documents or agreements to effectuate these actions.

SUMMARY
In March 2023, the Department of Health, Housing, and Community Services’ Housing and Community Services Division (HHCS/HCS) received funding requests for two new affordable housing projects. CHDC submitted a development loan application for Ephesian Legacy Court (1708 Harmon Street) and NCLT submitted a predevelopment loan application for Woolsey Gardens (3120-3130 Shattuck).

The funding recommendations balance the City’s goals of ensuring local affordable housing development projects are competitive for state funding and leveraging the City’s limited housing resources to maximize the public benefit.

The Housing Advisory Commission recommended Council fund each request at its May 4, 2023 special meeting.

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Ephesian Legacy Court and Woolsey Gardens Housing Trust Fund Reservations CONSENT CALENDAR June 13, 2023

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FISCAL IMPACTS OF RECOMMENDATION
The attached resolution would reserve a combined total of $15,531,301 for the Ephesian Legacy Court and the Woolsey Gardens affordable housing developments.

There are currently sufficient funds in the Housing Trust Fund program (HTF) to support both requests. Staff will determine the exact mix of funds from the HTF program for both loans closer to the loan closing, which could include Affordable Housing Mitigation Fee (Fund# 120), Measure O (Fund# 512), or Permanent Local Housing Allocation (Fund# 302). Funding is subject to appropriation in the FY 2024 budget in the HTF.

CURRENT SITUATION AND ITS EFFECTS
In March 2023, the City of Berkeley received two funding requests for new affordable housing projects. CHDC submitted a development loan application for Ephesian Legacy Court (1708 Harmon Street) and NCLT submitted a predevelopment loan application for Woolsey Gardens (3120-3130 Shattuck). HHCS/HCS has been working with CHDC since the first Ephesian Legacy Court application in 2021, and was able to accept the Woolsey Gardens application since predevelopment funds can be requested at any time under the HTF Guidelines.

Ephesian Legacy Court is an 80-unit senior Transit Oriented Development project being developed as a joint venture between the Community Housing Development Corporation (CHDC) and Ephesian Church of God in Christ (ECOGIC). CHDC’s request for $14,531,301 in development funding is in addition to predevelopment funding previously awarded to the project, for a total proposed City subsidy of $18,087,701.

Ephesian Legacy Court will not be competitive for financing available through the upcoming State of California Super Notice of Funding Availability (Super NOFA) without these additional City funds.

The Northern California Land Trust (NCLT) requested $1,000,000 in predevelopment funding to redevelop the site of its current headquarters at 3120-3130 Shattuck Avenue into a multifamily homeownership project. The Woolsey Gardens site is owned by NCLT, who will continue to own the land after development for permanent stewardship.

The project will involve demolition of the current structure and temporary relocation of existing commercial tenants for whom new space will be built in the development.

NCLT will need local matching funds for both a predevelopment grant awarded from the State of California Energy Commission (CEC) as well as a CEC construction grant to which NCLT will apply in Fall 2023. Staff will work with NCLT to establish milestones for funding disbursement in the loan agreement.

Funding Ephesian Legacy Court and Woolsey Gardens is a Strategic Plan Priority Project, advancing our goal to create affordable housing and housing support service for our most vulnerable community members.

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Ephesian Legacy Court and Woolsey Gardens Housing Trust Fund Reservations CONSENT CALENDAR June 13, 2023

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BACKGROUND
CHDC initially applied for development funding for Ephesian Legacy Court and another project, St. Paul Terrace (2024 Ashby Ave), through the 2021 HTF Request for Proposals (HTF RFP) process. On December 14, 2021, with Resolution No. 70,135, City Council approved the HTF RFP funding recommendations. There were not sufficient funds available through the HTF RFP to fund both CHDC requests in their entirety. Instead, in that same resolution, City Council directed CHDC to submit a revised proposal for whichever project they deemed most ready to move forward to be funded under the HTF-RFP, and then further resolved to prioritize the next available HTF funds for whichever CHDC project did not receive the remaining HTF RFP funds.

In 2022, CHDC submitted their revised proposal for St. Paul Terrace, which was further along in predevelopment, and City Council approved an additional $8,551,040 for a total of $12,250,000 in City funding. Earlier this year, housing staff determined that the HTF had a sufficient balance and invited CHDC to submit an updated request for Ephesian Legacy Court. Seventy-five percent (75%) of the units will be affordable to residents earning less than or equal to 50% of the Area Median Income (AMI) and the remaining units will be targeted to seniors and/or homeless individuals at or below 30% AMI.

Ephesian Legacy Court secured entitlements under SB35, which should position the project to compete for state funds in the June 2023 Super NOFA. While CHDC has applied for project-based vouchers and supportive services funding, the project does not currently have any funding commitments other than the City.

Woolsey Gardens would be NCLT’s first new construction project and is larger than other properties in its portfolio. NCLT proposes to develop a mixed-use green building with 65 units of limited equity housing at a range of affordability levels for households earning between 30% and 120% AMI. Woolsey Gardens will consist of studio, 1- bedroom, and 2-bedroom apartments. In addition to ground floor commercial space for nonprofits and emerging entrepreneurs, the building will have 41 residential condominiums as well as 24 units of shared cooperative housing.

As a project aiming to repair historic and current harms of displacement, Woolsey Gardens is partnering with community organizations to provide opportunities for displaced households to return to South Berkeley as well as housing stability for low- income households that still remain.

NCLT’s recent development experience with its scattered site rehabilitation program, which consists of three projects with a total of 31 units, falls short of the HTF threshold criteria and will require City Council to waive Section I.A.1 of the HTF Guidelines. Given the presence of highly experienced consultants on the development team, Staff recommends waiving this requirement.

The minimum affordability requirements in the HTF guidelines are written for rental projects, and require 20% of all project units to be affordable for extremely low-income

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Ephesian Legacy Court and Woolsey Gardens Housing Trust Fund Reservations CONSENT CALENDAR June 13, 2023

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households and 40% of all project units to be affordable for households earning 60% AMI or less. NCLT proposes to create 13 extremely low-income units and 11 60% AMI units at Woolsey Gardens, which is 37% of the project. Given the project's ownership structure and the fact that all units will be restricted for incomes less than 120% AMI, staff does not recommend increasing the proposed number of units for very-low and extremely-low income households. Staff recommends City Council waive both minimum affordability requirements in Section III.A.1 of the HTF guidelines to ensure project feasibility.

On May 4, 2023, the Housing Advisory Commission took the following actions:

Action: M/S/C (Johnson/Ortiz-Cedeño) to recommend that City Council reserve an additional $14,531,301 for Community Housing Development Corporation’s (CHDC) Ephesian Legacy Court (1708 Harmon Street).

Vote: Ayes: Fain, Johnson, Mendonca, Ortiz-Cedeño, Potter, and Simon-Weisberg.

Noes: None. Abstain: None. Absent: Calavita and Rodriguez.

Action: M/S/C (Simon-Weisberg/Johnson) to recommend that City Council reserve $1,000,000 for Northern California Land Trust’s (NCLT) Woolsey Gardens (3120-3130 Shattuck) and waive Sections I.A.1 and III.A.1 of the Housing Trust Fund Guidelines.

Vote: Ayes: Fain, Johnson, Mendonca, Ortiz-Cedeño, Potter, and Simon-Weisberg.

Noes: None. Abstain: None. Absent: Calavita and Rodriguez.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Both projects address environmental sustainability in their project design and scope.

CHDC plans to build Ephesian Legacy Court to a third-party green building standard (either LEED Gold or GreenPoint Gold). NCLT is aiming to make Woolsey Gardens a zero net energy building with LEED Platinum certification and extended grid outage resilience utilizing mass timber and cross laminated timber technology.

RATIONALE FOR RECOMMENDATION
The funding recommendations are based on balancing the City’s goals of supporting these projects so they are competitive for state funding, and leveraging the City’s limited housing resources to maximize the public benefit.

ALTERNATIVE ACTIONS CONSIDERED
Staff did not identify alternative actions that are consistent with City priorities and past actions.

CONTACT PERSONS
Amanda Montez, Community Development Project Coordinator, HHCS, 510-981-5426 Grace Streltzov, Community Development Project Coordinator, HHCS, 510-981-5423

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Attachments:
1: Resolution

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

APPROVAL OF A $14,531,301 FUNDING RESERVATION FROM THE HOUSING

TRUST FUND FOR A DEVELOPMENT LOAN FOR THE EPHESIAN LEGACY COURT PROJECT AND A $1,000,000 FUNDING RESERVATION FROM THE HOUSING

TRUST FUND FOR A PREDEVELOPMENT LOAN FOR THE WOOLSEY GARDENS

PROJECT
WHEREAS, City Council established a Housing Trust Fund Program (HTF) to assist in the development and expansion of housing affordable to low and moderate income persons who either work or reside within the City of Berkeley, and authorized the City Manager to implement the Program; and
WHEREAS, the City’s HTF guidelines, adopted by Berkeley City Council Resolution No. 69,683-N.S. on January 19, 2021, allow predevelopment loans applications to be submitted at any time; and
WHEREAS, the City issued an HTF Request for Proposals (RFP) on August 3, 2021 and subsequently received six responses, including two from Community Housing Development Corporation (CHDC); and
WHEREAS, at its December 14, 2021 meeting, Council approved Resolution No. 70,135- N.S. reserving the balance of funds available through the RFP for a CHDC project to be determined based on the project’s readiness and feasibility, and prioritizing future housing funds (including, but not limited to, HTF and Measure O funds) for the CHDC project (Ephesians Legacy Court or St. Paul Terrace) not funded through the RFP; and WHEREAS, CHDC submitted a Development Loan Application request of $14,531,301 for its proposed development 1708 Harmon Street in March 2023; and WHEREAS, on February 28, 2023, Northern California Loan Trust (NCLT) submitted a Predevelopment Loan Application request of $1,000,000 for its proposed development of Woolsey Gardens (3120-3130 Shattuck Avenue); and
WHEREAS, on May 4, 2023, the Housing Advisory Commission recommended Council approve the CHDC Development Loan Application request of $14,531,301 for 1708 Harmon Street and the NCLT Predevelopment Loan Application request of $1,000,000 for 3120-3130 Shattuck Avenue.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council approves the $14,531,301 development funding reservation from HTF funds for CHDC’s Ephesian Legacy Court (1708 Harmon Street).

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June 13, 2023

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BE IT FURTHER RESOLVED that $1,000,000 shall be reserved from HTF program funds for a predevelopment loan for NCLT’s Woolsey Gardens (3120-3130 Shattuck Avenue).

BE IT FURTHER RESOLVED that the requirements of Section I.A.1 of the HTF Guidelines shall be waived and NCLT approved as an eligible developer with demonstrated capacity to complete the Woolsey Gardens project, though it has not completed the number of projects required by the developer eligibility criteria.

BE IT FURTHER RESOLVED that the requirements of Section III.A.1 of the HTF Guidelines shall be waived and all units at Woolsey Gardens shall be required to be affordable to households whose income does not exceed 120% of the Area Median Income.

BE IT FURTHER RESOLVED that funds shall be reserved for a period of no more than 24 months from the date of this Resolution, contingent on the development teams obtaining all required land use approvals of the property and securing commitments for project funding that the City Manager or her designee deems sufficient within the reservation period.

BE IT FURTHER RESOLVED that the funding reservation is conditioned upon the completion of the environmental review process, except as authorized by 24 CFR, Part 58, and that should HOME and/or CDBG funds constitute a portion of the funding for any project, a final commitment of HOME and/or CDBG funds shall occur only upon the satisfactory completion of the appropriate level of environmental review and also upon the receipt of approval of the request for release of funds and related certification from the U.S. Department of Housing and Urban Development, when applicable. The funding reservation for any of the HOME and/or CDBG funded projects is conditioned upon the City of Berkeley's determination to proceed with, modify, or cancel the project based on the results of subsequent environmental review under the National Environmental Policy Act.

BE IT FURTHER RESOLVED that the making of each loan shall be contingent on and subject to such other appropriate terms and conditions as the City Manager or her designee may establish.

BE IT FURTHER RESOLVED the City Manager, or her designee, is hereby authorized to execute all original or amended documents or agreements to effectuate this action; a signed copy of said documents, agreements and any amendments will be kept on file in the Office of City Clerk.

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CONSENT CALENDAR
June 13, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Funding Recommendation for the Russell Street Project at 1741-1747 Russell

RECOMMENDATION
Adopt a Resolution:

1. Reserving up to $4,500,000 in General Funds received pursuant to Measure P and/or Measure U1 for the Russell Street supportive housing project at 1741, 1743, and 1747 Russell Street as proposed by Berkeley Food and Housing Project (BFHP), contingent on BFHP’s timely submission of a complete application demonstrating they meet the City’s funding criteria; and

2. Authorizing the City Manager or her designee to execute all original or amended documents or agreements to effectuate this action.

FISCAL IMPACTS OF RECOMMENDATION
The attached resolution reserves $4,500,000 in City General Funds received pursuant to Measure P, Measure U1, or a combination of the various funding sources to support the costs of purchasing and rehabilitating 1741, 1743, and 1747 Russell Street. Funding is subject to appropriation in the FY 2024 budget in the Measure P (Fund# 011) or Measure U1 (Fund #016) funds.

Russell Street will need additional funds to rehabilitate the property. No reservation of additional rehabilitation funding is recommended at this time. Staff will work with the development team to identify sources of funds to support the rehabilitation.

CURRENT SITUATION AND ITS EFFECTS
In response to the City of Berkeley’s Request for Proposals (RFP) for potential Homekey projects, Berkeley Food & Housing Project (BFHP) requested funding to purchase and rehabilitate two adjacent parcels (located at 1741, 1743, and 1747 Russell Street), where it currently operates a 17-bed Board and Care (Russell Street Residence) and eight units of housing supported with Shelter Plus Care vouchers (Russell Street Annex and 1747 Russell) for 25 people with a disability or mental illness who are experiencing or at risk of homelessness. While the staff evaluation deemed Russell Street less competitive for Homekey funding than the other proposal received,

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Funding Recommendation CONSENT CALENDAR
for the Russell Street Project June 13, 2023

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BFHP demonstrated in their application an urgent need for funding to secure the site and prevent the loss of Board and Care beds.

BFHP entered into an agreement with the property owner for a purchase price of $4,000,000. If BFHP receives a commitment of funding from the City to acquire the site by June 30th, 2023, it will exercise its option under the agreement to extend its due diligence period and be required to close on the sale of the property between August 30th and November 30th, 2023. BFHP’s lease with the property owner expires on December 31, 2023 and is not expected to be renewed if BFHP cannot purchase the site.

All three buildings are in need of repairs and system upgrades due to their age and condition. BFHP estimates the project renovation costs to be approximately $4.3M. The projected costs could go up once a Physical Needs Assessment has been completed.

Due to the risk involved with acquiring a property with substantial rehabilitation needs, BFHP will not close on the purchase if they are unable to identify a source of funding for renovation costs.

Staff recommends the City, upon the completion of underwriting review, enter into an acquisition loan agreement with the standard conditions of Housing Trust Fund (HTF) acquisition loans (a 55-year term, 3% interest, and the requirement that the project secure financing and start the rehabilitation within five years). The underwriting review will require BFHP to submit an updated funding application, appraisal, and Physical Needs Assessment to demonstrate the need for City funds as well as feasibility of the proposed project. The City loan will primarily fund the purchase of 1741-1747 Russell Street, not to exceed the appraised value of the property. Additional eligible costs include closing costs, safety inspections, and emergency rehabilitation.

Reserving funds for affordable housing is a Strategic Plan Priority Project, advancing our goal to create affordable housing and housing support service for our most vulnerable community members.

BACKGROUND
BFHP has operated Russell Street Residence since 2002 in close partnership with the Mental Health division (HHCS/MH) as a community care licensed Board and Care facility for 17 formerly unhoused adults diagnosed with serious and persistent mental illness. Rehabilitation needs of Russell Street Residence include roof upgrades and building system repairs required to maintain safety and operations.

The adjacent Russell Street Annex is a four-bedroom single family house that provides housing for people with disabilities experiencing homelessness. 1747 Russell Street is also a four-bedroom single family home that BFHP recently began leasing.

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Funding Recommendation CONSENT CALENDAR
for the Russell Street Project June 13, 2023

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The City issued an RFP on November 29, 2022 to select an eligible Homekey project and development team. HHCS received one proposal from Memar Properties, Inc. and Housing Consortium of the East Bay for the University Inn project and another from BFHP for the Russell Street project. Based on careful review of the two proposals, applicant experience with the Homekey program, and an evaluation of the Homekey program guidelines, staff recommended selection of the University Inn project and began working with BFHP to identify alternative sources to finance the Russell Street acquisition.

Section I.A.I of the HTF guidelines require applicants to have completed at least three projects of a similar size and scope within the last ten years in order to be eligible for funding. While BFHP has experience rehabilitating properties in its portfolio and partnering with lead developers on new construction projects, Russell Street would be BFHP’s first time leading a large acquisition and rehabilitation project. Staff recommend waiving this requirement due to BFHP’s knowledge of and existing use of the site. The HTF guidelines also require a City Council waiver if a City loan amount exceeds 40% of the project’s total costs, which Staff recommends due to the unique nature of the Russell Street project and challenges securing alternative funding.

On April 18, 2023, the Homeless Services Panel of Experts (HSPE) took the following action:

Action: M/S/C (Marasovic/Hynes) recommend to City Council to allocate $4.5 million in Measure P monies to Berkeley Food and Housing Project (BFHP) for the acquisition of Russell Street Residence and that City staff otherwise coordinate with BFHP to leverage other sources of funding, including City monies and monies external to the C ity, for necessary renovations in the amount of $4.3 million.

Vote: Ayes: Bookstein, Feller, Hynes, Johnson, Kealoha-Blake, Marasovic, Meany, and Wachspress. Noes: None. Abstain: None. Absent: Jones.

On April 26, 2023, the HSPE took the following action:

Action: M/S/C (Bookstein/Feller) move to open the discussion about Russell House to ensure HSPE has adequate information and to consider the motion in light of the memo provided by the Berkeley Food and Housing Project.

Vote: Ayes: Marasovic, Hynes, Jones, Bookstein, Feller, and Kealoha-Blake. Noes:

None. Abstain: None. Absent: Meany, Wachspress.

Action: M/S/C (Marasovic/Hynes) recommend to City Council to allocate $4.5 million or an amount of monies necessary based on an appraisal of the property, in Measure P monies to Berkeley Food and Housing project for the acquisition of Russell Street Residence and that City staff otherwise coordinate with BFHP to

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Funding Recommendation CONSENT CALENDAR
for the Russell Street Project June 13, 2023

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leverage other sources of funding, including monies external to the City and City monies, for necessary renovations in the amount of $4.3 million.

HSPE supports this acquisition of Russell house to preserve the Board and Care as an essential service to the community; that the purchase price be based on an appraisal commissioned by the City staff.

Vote: Ayes: Marasovic, Hynes, Jones, Bookstein, Feller, and Kealoha-Blake. Noes:

None. Abstain: None. Absent: Meany, Wachspress.

On May 16, 2023, the City Council Budget and Finance Policy Committee directed staff to explore the use of General Funds received pursuant to Measure P, Measure U1 or a combination of these funding sources for the Russell Street supportive housing project and took the following action:

Action: M/S/C (Arreguin/Harrison) to support the recommendation of HHCS and the Homeless Services Panel of Experts to allocate $4.5 million for the acquisition of Russell House.

Votes: Ayes: Arreguin, Kesarwani, and Harrison. Noes: None. Abstain: None. Absent:

None.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental sustainability effects directly associated with the recommendations in this report. If the project moves forward, BFHP will acquire and rehabilitate the property, which is generally considered a more sustainable type of development.

RATIONALE FOR RECOMMENDATION
Funding the acquisition of Russell Street will preserve critically-needed supportive housing in Berkeley for people with a disability or mental illness who are experiencing or at risk of homelessness.

ALTERNATIVE ACTIONS CONSIDERED
The City could decline to fund the acquisition of Russell Street. If BFHP is not able to secure financing to purchase the property, it is likely that the lease will not be renewed and tenants will need to be relocated. The number of licensed Board and Care units in Alameda County, which provide meals and manage medications for tenants, has sharply decreased in the last 15 years and finding placements is likely to be very difficult. Since that would not be consistent with the City’s Strategic Plan to increase affordable housing opportunities, particularly for the most vulnerable residents, staff is recommending support for Russell Street as described above.

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Funding Recommendation CONSENT CALENDAR
for the Russell Street Project June 13, 2023

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Staff are not recommending that the City reserve additional funds for the rehabilitation costs at this time due to the limited amount of available Measure P and U1 funding.

CONTACT PERSON
Grace Streltzov, Community Development Project Coordinator, HHCS, 510-981-5423 Attachments:
1: Resolution

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

APPROVAL OF A $4,500,000 FUNDING RESERVATION FOR AN ACQUISITION

LOAN FOR THE RUSSELL STREET PROJECT
WHEREAS, there is a great need for affordable and special needs housing in the City of Berkeley as stated in the General Plan Housing Element and the City of Berkeley's Consolidated plan; and
WHEREAS, City Council established a Housing Trust Fund Program (HTF) to assist in the development and expansion of housing affordable to low and moderate income persons who either work or reside within the City of Berkeley, and authorized the City Manager to implement the Program; and
WHEREAS, on January 19, 2021 City Council adopted Resolution No. 69,683 revising HTF guidelines (the “Guidelines”) as revised and authorizing the HTF Program in accordance with the Guidelines; and
WHEREAS, the Guidelines allow acquisition loans to be submitted at any time; and WHEREAS, Berkeley Food and Housing Project (BFHP) has provided supportive housing for people with disabilities and mental health diagnoses at the Russell Street Residence located at 1741 Russell Street and at Russell Street Annex located at 1743 Russell Street since 2002; and
WHEREAS, BFHP requested $4,500,000 in City funds to support the acquisition and rehabilitation of 1741, 1743, and 1747 Russell Street (Russell Street); and WHEREAS, on April 18, 2024, the Homeless Services Panel of Experts recommended $4,500,000 in acquisition funding for BFHP’s proposed purchase of Russell Street; and WHEREAS, on April 26, 2024, the Homeless Services Panel of Experts reconfirmed their recommendation for the $4,500,000 acquisition funding for BFHP’s proposed purchase of Russell Street.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Council approves $4,500,000 in funding reservations from General Funds received pursuant to either Measure P Allocation, Measure U1 Allocation, or the combination of these funding sources for the acquisition and emergency rehabilitation of 1741, 1743, and 1747 Russell Street.

BE IT FURTHER RESOLVED that that funds shall be reserved for a period of no more than 24 months from the date of this Resolution, contingent on the development team obtaining a physical needs assessment and appraisal of the property and securing commitments for project funding that the City Manager or her designee deems sufficient within the reservation period.

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BE IT FURTHER RESOLVED that the making of this loan shall be contingent on and subject to such other appropriate terms and conditions as the City Manager or her designee may establish, including a staff underwriting review and the Guidelines with the exceptions of Sections 1.A.1 and IV.B.1.

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

CONSENT CALENDAR
June 13, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director of Parks Recreation & Waterfront Subject: Contract: Chemical Procurement Services, LLC for King and West Campus Swim Centers

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract with Chemical Procurement Services, LLC for King and West Campus Swim Centers for a not-to- exceed total amount of $120,000 over a two-year period, beginning July 1, 2023 and ending June 30, 2025, contingent upon annual budget appropriations.

FISCAL IMPACTS OF RECOMMENDATION
The $120,000 contract over a two-year period averages out to an annual cost of approximately $60,000 per year, depending on water treatment needs. Funding in the General Fund (Fund 011) is subject to appropriation in the FY 2024 budget to the King Pool 011-52-543-574-0000-000-461-64990 and West Campus Pool 011-52-543-575- 0000-000-461-6428990 budgets. Funding is subject to appropriation in the FY 2025 General Fund (Fund 011).

CURRENT SITUATION AND ITS EFFECTS
In April 2023, the City conducted a competitive Request for Proposal (RFP) process for mini-bulk swimming pool treatment chemicals. The RFP was advertised on the City of Berkeley website as well as sent to suppliers in the greater Bay Area. The City received one submission from Chemical Procurement Services LLC. Staff determined that Chemical Procurement Services meets the criteria described in the RFP. As a result, staff recommends Council approval of a contract for a not-to-exceed total amount of $120,000 for a two-year period beginning July 1, 2023 and ending June 30, 2025.

BACKGROUND
The City of Berkeley operates two community swimming facilities, King Swim Center and West Campus Swim Center. The ongoing operation of these facilities requires treating the swimming pool water to comply with the State of California Swimming Pool Operational code to ensure public safety.

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Contract: Chemical Procurement Services, for King & West Campus Swim Ctrs CONSENT CALENDAR June 13, 2023

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ENVIRONMENTAL SUSTAINABILITY
Purchasing chemicals in mini-bulk quantities meets the needs of City of Berkeley operations and reduces the carbon emissions associated with transporting chemicals in smaller quantities.

RATIONALE FOR RECOMMENDATION
Staff determined that Chemical Procurement Services meets the criteria described in the RFP.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Parks, Recreation, and Waterfront Director, 981-6700 Stephanie Chu, Recreation and Youth Services Manager, 981-6700 Attachments:
1: Resolution

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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.ci.berkeley.ca.us/manager RESOLUTION NO. –N.S.

CONTRACT: CHEMICAL PROCUREMENT SERVICES, LLC FOR KING AND WEST

CAMPUS SWIM CENTERS
WHEREAS, the Parks Recreation & Waterfront Department operates two community swimming facilities, King Swim Center and West Campus Swim Center; and WHEREAS, in April 2023, the City conducted a competitive Request for Proposal (RFP) process for mini-bulk swimming pool treatment chemicals. The RFP was advertised on the City of Berkeley website as well as sent to suppliers in the greater Bay Area; and WHEREAS, the City received one submission from Chemical Procurement Services LLC, and staff determined that Chemical Procurement Services meets the criteria described in the RFP; and
WHEREAS, funding is subject to appropriation in the FY 2024 budget for the King Pool 011-52-543-574-0000-000-461-64990 and West Campus Pool 011-52-543-575-0000- 000-461-6428990, and is subject to appropriation in the FY 2025 General Fund (Fund 011).

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley that the City Manager is hereby authorized to execute a contract with Chemical Procurement Services LLC to for King and West Campus Swim Centers for a not-to-exceed total amount of $120,000 over a two-year period, beginning July 1, 2023 and ending June 30, 2025, contingent upon annual budget appropriations. A record signature copy of said contract amendment to be on file in the Office of the City Clerk.

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CONSENT CALENDAR
June 13, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jennifer Louis, Chief of Police
Subject: Contract No. 32100065 Amendment: BMI Imaging Systems, Incorporated for Data Conversion Services for the Berkeley Police Department

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend contract No. 32100065 and any necessary amendments with BMI Imaging Systems, Incorporated for continuing data conversion services and necessary hosting services for the Berkeley Police Department (BPD), increasing the amount by $60,000 for a total contract not to exceed $260,000 and extending the term to six years through August 31, 2026.

FISCAL IMPACTS OF RECOMMENDATION
The Berkeley Police Department is requesting authority to extend the contract and increase the contract amount to $260,000. This amendment will allow BPD to continue to store and host the data in an approved California Justice Information System compliant data warehouse. Funds for this contract in FY 2023 will be allocated in State Proposition 172 Special Fund Budget Code: 126-71-702-805-0000-000-421-612990.

CURRENT SITUATION AND ITS EFFECTS
On May 12, 2020, the City Council adopted Resolution No. 69,391-N.S. authorizing the City Manager to execute a contract with BMI Imaging Systems, Incorporated to provide data conversion services and necessary hosting services for the Berkeley Police Department. BPD is required to maintain police records consistent with the laws of federal, state and local governments.

The Berkeley Police Department has completed the conversion of all of the records (more than 1,300 rolls of microfilm along with other database systems). However, more records were located and needed to be converted. The additional $60,000 funding is to support the annual hosting services. BMI’s hosting service is necessary for BPD to access the data warehouse where BPD’s police data is stored, and is one of the industry-standard security measures that prevent unauthorized third-party access to confidential police data.

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Contract Amendment Request for Data Conversion Services for the BPD CONSENT CALENDAR June 13, 2023

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BACKGROUND
The BPD utilized various data storage methods over the past 100 years which included microfilm, microfiche, and databases which were considered the best storage sources available at the time they were implemented. As technology improved, it was cost prohibitive to convert these data sources and conversion results were less successful based on the lack of conversion technologies. Over the past several years, advancements in technology have made the conversion of these older storage datasets more feasible but extremely costly. Optical Character Recognition (OCR) technologies have improved the quality of the data conversion results and several companies had the ability to successfully complete this project.

The BPD requested quotes for the data conversion from several vendors but found the most cost-effective solution was through BMI, Imaging Systems Incorporated. BMI, Imaging Systems Incorporated was awarded a competitive contract in 2015 through the Superior Court of California, County of Merced. The terms of this agreement allow other agencies to utilize the contract which is called “piggybacking.” The BPD exercised the “piggybacking” provisions to secure the contract with BMI, Imaging Systems Incorporated which also resulted in a significant cost-savings based on the other vendors cost estimates.

This contract addresses two Strategic Plan Goals: 1) Be a customer-focused organization that provides excellent, timely, easily-accessible service and information to the community. 2) Provide an efficient and financially-healthy city government.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The electronic system has resulted in staffing efficiencies in the search and production of public records/documents requests. This could result in reduced customer trips to the BPD Public Safety Building.

RATIONALE FOR RECOMMENDATION
The BPD is required to maintain official police records for various crimes and to support entries into various public safety databases. In order to comply with these mandates, the BPD not only needs to have these records converted, but also to continue the hosting services to allow access for decades to come. The most effective and efficient method is to store the data in a secure format which will be accessible and at a CJIS compliant data warehouse off site with redundant capacity. This vendor has in place industry-standard security measures to prevent unauthorized third-party access to confidential police data. The contract with BMI, Imaging Systems Incorporated will be a cost-effective solution which will provide a reliable method to access these data files routinely.

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Contract Amendment Request for Data Conversion Services for the BPD CONSENT CALENDAR June 13, 2023

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ALTERNATIVE ACTIONS CONSIDERED
The viable option is to continue the hosting service with BMI, because it has CJIS- compliant security measures, converted the data, and provides the most cost-effective solution.

CONTACT PERSON
Jennifer Louis, Chief of Police, Police, 510-981-5900
Attachments:
1: Resolution

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Contract Amendment Request for Data Conversion Services for the BPD CONSENT CALENDAR June 13, 2023

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

CONTRACT: BMI IMAGING SYSTEMS, INCORPORATED FOR DATA CONVERSION

SERVICES FOR THE BERKELEY POLICE DEPARTMENT
WHEREAS, the Berkeley Police Department is required to maintain police records consistent with the laws of federal, state and local governments; and WHEREAS, the Berkeley Police Department has had several legacy systems for records storage over the past 100 years and these records are required to be maintained; and WHEREAS, the Berkeley Police Department legacy systems are unstable and require frequent repair which results in service delays to people and organizations requesting and/or requiring the records; and
WHEREAS, the Berkeley Police Department is able to “piggyback” on the Superior Court of California, County of Merced contract with BMI Imaging Systems Incorporated for data conversion services and associated hosting services in an approved California Justice Information System compliant data warehouse with industry-standard security measures to prevent unauthorized third-party access to confidential police data; and WHEREAS, funds for the additional $60,000 will be provided from the State Proposition 172 Special Fund Budget Code:126-71-702-805-0000-000-421-612990.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute an amendment, and any follow up amendments to contract No. 32100065 with BMI Imaging Systems, Incorporated, increasing the amount not-to-exceed $260,000 for BPD data hosting services through August 31, 2026.

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Office of the City Manager
1 CONSENT CALENDAR
June 13, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: Declaration of Intent – Fiscal Year 2024 Street Lighting Assessments

RECOMMENDATION
Adopt two Resolutions granting the City Manager the authority to approve the Engineer’s Reports; set a public hearing to be held before the Council of the City of Berkeley at its June 27, 2023 meeting; and authorize the City Clerk to publish Notice of the Public Hearing for Fiscal Year 2024 Levy of Assessments for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District 2018.

FISCAL IMPACTS OF RECOMMENDATION
Resolutions would conditionally approve, pending public hearing and final City Council authorization thereafter, the continued levying of assessments in Fiscal Year (FY) 2024 for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District 2018, collectively referred to herein as the Districts.

The assessments are to be filed with the Alameda County Auditor and included on the County’s assessment roll. After collection by the County the total amount of the assessment minus a county collection fee is paid to the City of Berkeley. The revenue is posted in the Street Light Assessment District Fund (Fund 142).

A summary of forecasted FY 2024 revenue and expenditures for the Districts is shown in Table 1.

Table 1: FY 2024 Street Light Assessment Revenue & Expenditures Forecast Street Lighting Program Expenditures $ 2,275,155
Projected Assessments
Street Light Assessment District 1982-1 $ 1,422,966
Street Light Assessment District 2018 $ 773,830
Misc. Revenue $ 957
Projected Net Assessments $ 2,197,752
To (from) General Fund and/or Reserves $ (77,402)

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Declaration of Intent - FY 2024 Street Lighting Assessment Districts CONSENT CALENDAR June 13, 2023
2 Allowable annual adjustments of the 2018 District assessment rates are expected to raise revenues over the coming years.

CURRENT SITUATION AND ITS EFFECTS
The proposed FY 2024 rates for Assessment District 1982-1 (1982 District) are incorporated into the Engineer’s Report (Attachment 3) and reflect no changes to assessment rates in FY 2024. Accordingly, this action is exempt from the notice, protest, and hearing requirements of State Proposition 218 as set forth in Government Code Section 53753.5 (Article XIII D, Sec. 5). Any increase or change in formula for the assessments would make the annual assessment subject to procedures and approval process of Proposition 218 (Government Code Section 53750-53754). Table 2 details prior year and proposed FY 2024 assessment rates for this district.

Table 2: Street Lighting Assessment District No. 1982-1 Rate Schedule Rate Category
Assessment
FY 2023
Proposed
Assessment
FY 2024 Unit
Residential and Institutional $ 0.0108 $ 0.0108 BSF1
Industrial and Utility $ 0.0216 $ 0.0216 BSF
Commercial $ 0.0432 $ 0.0432 BSF
The assessment for Street Lighting Assessment District 2018 (2018 District) is subject to an annual adjustment tied to the Consumer Price Index-U for the San Francisco Bay Area as of December of each succeeding year (the “CPI”), with a maximum annual adjustment not to exceed 3%. For the period beginning in December 2021 and ending in December 2022, the CPI increased by 4.88%2; therefore the assessment CPI adjustment for Fiscal Year 2024 may not exceed the prescribed maximum of 3.00%. As approved by voters, the total annual adjustment may be calculated by taking the sum of the 1982-1 District assessment and the 2018 District assessment, and multiplying the sum by the allowable CPI increase. Calculating the adjustment in this manner allows for the inclusion of a 1982-1 District adjustment as part of the 2018 District adjustment. The cumulative total adjustment results in a 2018 District assessment rate increase of approximately 9.45%.

These rate increases and the methodology used in their calculation are in accordance with the voter approved measure; therefore the proposed adjustments are exempt from the notice, protest, and hearing requirements of State Proposition 218 as set forth in Government Code Section 53753.5 (Article XII D, Sec. 5). Table 3 details FY 2023 and proposed FY 2024 assessment rates for this district. A detailed calculation of the annual adjustment and the corresponding rate increases are included in the 2018 District Engineer’s Report (Attachment 4).
1 Building Square Footage (BSF)
2 Bureau of Labor Statistics, Data Series CUUSS49BSA0

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Declaration of Intent - FY 2024 Street Lighting Assessment Districts CONSENT CALENDAR June 13, 2023
3 Table 3: Street Lighting Assessment District 2018 Rate Schedule Rate Category
Assessment
FY 2023
Proposed
Assessment
FY 2024
Unit
Residential
Single Family $ 15.34 $ 16.72 parcel
Multi-Family<5 units $ 12.27 $ 13.38 unit
Multi-Family 5 or more units $ 9.20 $ 10.03 unit
Condominium $ 12.27 $ 13.38 parcel
Mobile Home $ 7.67 $ 8.36 unit
Multiple SFR on parcel $ 15.34 $ 16.72 unit
Non-Residential
General Commercial $ 230.10 $ 250.80 acre
Industrial / Warehouse $ 23.01 $ 25.08 acre
Auto Repair $ 153.40 $ 167.20 acre
Hotel / Motel / Boarding $ 153.40 $ 167.20 acre
Hospital $ 95.88 $ 104.50 acre
Retirement Home $ 19.18 $ 20.90 acre
School / Day Care $ 34.52 $ 37.62 acre
Medical / Dental / Vet $ 191.75 $ 209.00 acre
Church $ 11.51 $ 12.54 acre
Mortuary $ 3.84 $ 4.18 acre
Recreational $ 38.35 $ 41.80 acre
Parking / Transportation $ 76.70 $ 83.60 acre
Mini Storage $ 11.51 $ 12.54 acre
Office $ 57.53 $ 62.70 acre
Bank $ 191.75 $ 209.00 acre
Park / Open Space / Agriculture $ 0.77 $ 0.84 acre
Vacant Not assessed

Revenue from the assessments will provide needed funding for the installation, maintenance, and servicing of public lighting facilities, including but not limited to street lights, traffic signals, and related electrical facilities. The improvements and services provided support the Strategic Plan goals of creating a resilient, safe, connected, and prepared city and of providing state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
The Berkeley Street Lighting Assessment District No. 1982-1 was established under the Landscaping and Lighting Act of 1972 (Streets and Highway Code Section 22620- 22631) on July 27, 1982 (Resolution No. 51,449-N.S.) 3. The Street Lighting 3 State of California legislation (Streets & Highways §22500) allows local governmental agencies to form Landscape & Lighting Maintenance Districts. A 1972 Act Landscaping and Lighting District is a flexible tool used by local government agencies to pay for landscaping, lighting and other improvements and services in public areas. It is based on the concept of assessing only those properties that benefit from improvements financed, either directly, or indirectly through increased property values. http://www.californiataxdata.com/pdf/1972LLact.pdf

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Declaration of Intent - FY 2024 Street Lighting Assessment Districts CONSENT CALENDAR June 13, 2023
4 Assessment District 2018 was established under the same Act on June 12, 2018 (Resolution No. 68,482-N.S.). The Landscaping and Lighting Act of 1972 requires City Council to hold a public hearing each year to consider adoption of an annual budget and approve changes to the Engineer’s Report, even if assessments are not being increased.

In accordance with the Landscaping and Lighting Act of 1972, the City Council sets a date for a public hearing, and authorizes publication of a notice at least ten days prior to the date of that hearing to allow owners of assessed properties within each district to make an oral or written protest against the annual levy. During the course of, or upon conclusion of the public hearing, City Council may order changes in any of the matters provided in the respective Engineer’s Report, including changes in improvements; zones within the assessment district; and the proposed district diagram, or the proposed assessment, as long as any proposed changes are less than the proposed annual levy.

Copies of the Engineer’s Reports with FY 2024 assessments are to be filed with the City Clerk and at the reference desk of the main branch of the Berkeley Public Library.

Electronic copies of the reports and finalized assessment rolls will also be available to the public upon request.

ENVIRONMENTAL SUSTAINABILITY
The City exclusively uses LED (light emitting diode) street lighting. LED lights provide environmental benefits by reducing the level of greenhouse gases emitted; reducing level of toxic materials disposed; maximization of energy and energy cost savings; achieving the City’s illumination standards; and minimizing administration costs and staff time for street light maintenance.

RATIONALE FOR RECOMMENDATION
The Landscaping and Lighting Act of 1972, under which the Districts were formed, requires a public hearing to be held each year during the course of a regular City Council Meeting to consider adoption of an annual budget and changes to the Engineer’s Report. Failing to meet these requirements would prevent the City from collecting assessments for the Districts in FY 2024.

CONTACT PERSON
Liam Garland, Director, Department of Public Works, (510) 981-6303 Ronald Nevels, Interim Manager of Engineering/City Engineer, (510) 981-6439 Attachments:
1: Resolution – Declaration of Intent – Street Lighting Assessment District 1982-1 2: Resolution – Declaration of Intent – Street Lighting Assessment District 2018 3: Engineer’s Report - Street Lighting Assessment District 1982-1 Fiscal Year 2024 4: Engineer’s Report - Street Lighting Assessment District 2018 Fiscal Year 2024

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

DECLARATION OF INTENT – ASSESSMENTS FOR FY 2024 STREET LIGHTING ASSESSMENT DISTRICT 1982-1
WHEREAS, on July 27, 1982, the Council of the City of Berkeley Adopted Resolution No. 51,449–N.S. that completed proceedings to form the Berkeley Street Lighting Assessment District No. 1982-1; and
WHEREAS, pursuant to Chapter III of the Landscaping and Lighting Act of 1972 Street and Highway Code Section 22620-22631, the Department of Public Works, Engineering Division, Engineer of Work for Berkeley Street Lighting Assessment District No. 1982-1, prepared and filed an annual report for levy of annual assessments for Fiscal Year (FY) 2024 with the City Clerk.

NOW THEREFORE, BE IT RESOLVED, the Council of the City of Berkeley approves the Engineer’s Report, dated April 2023, on levy of assessments for FY 2024 for Berkeley Street Lighting Assessment District 1982-1. The area of land to be assessed is located in the City of Berkeley, Alameda County.

BE IT FURTHER RESOLVED, the Council of the City of Berkeley declares its intention to levy and collect assessments within the Berkeley Street Lighting Assessment District 1982-1 for FY 2024.

BE IT FURTHER RESOLVED, the City Clerk shall publish a notice at least ten (10) days prior to the date of the public hearing listing the date, hour, and place of the public hearing for annual levy and collection of assessments in accordance with Streets and Highway Code Sections 22625, 22626, 22552, and 22553 and Section 6061 of the Government Code.

BE IT FURTHER RESOLVED, improvements to be made in this assessment district are generally described as maintenance or servicing of existing and future public lighting facilities, including, but not limited to street lights, traffic signals, and related electrical facilities; and the installation and construction of public lighting including but not limited to grading, clearing, removal of debris, installation and construction of curbs, gutters, walls, sidewalk, paving, irrigation, and drainage as needed for the installation of public lighting or related electrical facilities.

BE IT FURTHER RESOLVED, the annual report for Fiscal Year 2024 for which assessments are to be levied and collected to pay the costs of the improvements described in the report prepared by the Department of Public Works, Engineering Division, in accordance with the Landscaping and Lighting Act of 1972 is filed with the Office of City Clerk. All interested persons are referred to that report for a full and detailed description of improvements, boundaries of the assessment district, and proposed assessments upon assessable lots and parcels of land within the assessment district.

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BE IT FURTHER RESOLVED, at 6:00 PM on Tuesday, June 27, 2023 the City Council will conduct a public hearing. The hearing may be held in the School District Board Room located at 1231 Addison Street, Berkeley, CA 94702. The Council will consider all objections or protests, if any, to the proposed assessment. At the public hearing any interested person may present written or oral testimony.

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

DECLARATION OF INTENT – ASSESSMENTS FOR FY 2024 STREET LIGHTING ASSESSMENT DISTRICT 2018
WHEREAS, on June 12, 2018, the Council of the City of Berkeley Adopted Resolution No. 68,432–N.S. that completed proceedings to form the Street Lighting Assessment District 2018; and
WHEREAS, pursuant to Chapter III of the Landscaping and Lighting Act of 1972 Street and Highway Code Section 22620-22631, the Department of Public Works, Engineering Division, Engineer of Work for Street Lighting Assessment District 2018, prepared and filed an annual report for levy of annual assessments for Fiscal Year (FY) 2024 with the City Clerk.

NOW THEREFORE, BE IT RESOLVED, the Council of the City of Berkeley approves the Engineer’s Report, dated April 2023, on levy of assessments for FY 2024 for Street Lighting Assessment District 2018. The area of land to be assessed is located in the City of Berkeley, Alameda County.

BE IT FURTHER RESOLVED, the proposed annual adjustments of assessments are in compliance with the provisions of Proposition 218 because adjustments are in accordance with adjustment formulas established when the assessment district was formed.

BE IT FURTHER RESOLVED, the Council of the City of Berkeley declares its intention to levy and collect assessments within the Street Lighting Assessment District 2018 for FY 2024.

BE IT FURTHER RESOLVED, improvements to be made in this assessment district are generally described as maintenance or servicing of existing and future public lighting facilities, including, but not limited to street lights, traffic signals, and related electrical facilitates; and the installation and construction of public lighting, including but not limited to grading, clearing, removal of debris, installation and construction of curbs, gutters, walls, sidewalk, paving, irrigation, and drainage as needed for the installation of public lighting or related electrical facilities.

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Office of City Clerk. All interested persons are referred to that report for a full and detailed description of improvements, boundaries of the assessment district, and proposed assessments upon assessable lots and parcels of land within the assessment district.

BE IT FURTHER RESOLVED, at 6:00 PM on Tuesday, June 27, 2023 the City Council will conduct a public hearing. The hearing may be held in the School District Board Room located at 1231 Addison Street, Berkeley, CA, 94702. The Council will consider all objections or protests, if any, to the proposed assessment. At the public hearing any interested person may present written or oral testimony.

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ATTACHMENT 3
1 CITY OF BERKELEY

STREET LIGHTING
ASSESSMENT DISTRICT No. 1982-1
ENGINEER’S REPORT
on the
Levy of an Assessment
for
Fiscal Year 2024
April 2023
Prepared by

RONALD NEVELS, PE

CITY OF BERKELEY

DEPARTMENT OF PUBLIC WORKS

ENGINEERING DIVISION

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STREET LIGHTING ASSESSMENT DISTRICT No. 1982-1 ATTACHMENT 3 2 TABLE OF CONTENTS
BACKGROUND ......................................................................................................................................................3 PLANS AND SPECIFICATIONS.................................................................................................................................3 METHODOLOGY ...................................................................................................................................................3 ESTIMATE OF COSTS .............................................................................................................................................3 DIAGRAM .............................................................................................................................................................4 ASSESSMENT ........................................................................................................................................................5 APPENDIX A: FY 2024 ASSESSMENT ROLL .............................................................................................................7

LIST OF TABLES
Table 1- FY 2024 Street Light Fund Forecast ..........................................................................................................4

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STREET LIGHTING ASSESSMENT DISTRICT No. 1982-1 ATTACHMENT 3 3 BACKGROUND
By its Resolution 51,230 N.S., adopted April 6, 1982, the Berkeley City Council initiated proceedings under the provisions of Division 15, Part 2, of the California Streets and Highways Code, entitled “Landscaping and Lighting Act of 1972”. The required public hearing was held on July 20, 1982, at which time the Council ordered the improvements and the formation of the assessment district, and confirmed the diagram and assessment. The district so formed was designated the “City of Berkeley Street Lighting Assessment District 1982-1”. Assessments have been levied for the 1983 through 2022 fiscal years.

This report was prepared and filed pursuant to Division 15, Part 2, of the California Streets and Highway Code Section 2250, and is exempt from Government Code Section 53753 since the proposed assessment for FY 2024 will not be increased.

PLANS AND SPECIFICATIONS
The plans and specifications for this assessment district were prepared and filed with the Engineer’s Report for the 1983 fiscal year, which plans and specifications are incorporated herein by this reference thereto.

METHODOLOGY
The benefit to individual parcels within the Assessment District was established in 1982 based on the median light intensity a parcel receives. Parcel’s Land Use Code (LUC) is used to categorize the parcels. The assessment is calculated by multiplying the building square footage on the parcel times the rate of its category. The rate structure has three categories: 1) Residential and Institutional, 2) Industrial, 3) Commercial. An industrial area has twice the median light intensity of a residential area and a commercial area has four times the median light intensity; therefore, the rates are two and four times higher, respectively, than the residential rate. The rates are:

Residential and Institutional $0.0108/Building Square Footage Industrial and Utility $0.0216/Building Square Footage
Commercial $0.0432/Building Square Footage

ESTIMATE OF COSTS
The improvements to be made in this assessment district are generally described as the maintenance or servicing of existing and future public lighting facilities, including, but not limited to street lights, traffic signals, and related electrical facilities; and the installation and construction of public lighting including grading, clearing, removal of debris, installation and construction of curbs, gutters, walls, sidewalks, paving, irrigation, and drainage as needed for the installation of public lighting or related electrical facilities.

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STREET LIGHTING ASSESSMENT DISTRICT No. 1982-1 ATTACHMENT 3 4 An estimate of costs for the maintenance of the improvements is provided in the fiscal year (FY) 2024 Street Light Assessment Fund (Fund 142) forecast provided below.

Table 1- FY 2024 Street Light Fund Forecast
Expenses
Personnel Expenses $ 455,955
Non-Personnel Expenses
Non-Personnel $ 440,530
Debt Service $ 370,451
PG&E Electric Costs $ 483,837
Indirect Costs $ 54,916
Operating Transfer Out $ 12,120
County Collection Fee $ 37,346
Subtotal Non-Personnel Costs $ 1,399,200
Capital Expenses
Deferred Capital/Maint $ 420,000
Subtotal Capital Expenses $ 420,000
Total Expenses $ 2,275,155
Assessments & Other Revenue
Street Light Assessment District 1982-1 $ 1,422,966
Street Light Assessment District 2018 $ 773,830
Misc. Revenue $ 957
Total Revenue $ 2,197,752
Deficit – To (from) General Fund and/or
Reserves $ (77,402)

DIAGRAM
The diagram for this assessment district was prepared and filed with the Engineer’s Report for the 1983 fiscal year.

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STREET LIGHTING ASSESSMENT DISTRICT No. 1982-1 ATTACHMENT 3 5 ASSESSMENT
Except as described below, the assessments to be made against the assessable lots and parcels of land within this assessment district are contained in the “2023 Assessment Roll” for this district, which roll is filed herewith and incorporated herein by this reference thereto.

Said assessment roll filed herewith is based on data contained in the City’s 2023 Library Tax tape and the County Assessor’s 2023 maps. In the event that data contained in the 2023 Library Tax tape and 2023 maps, when issued, conflict therewith, assessments to be made against the affected parcels for this 2024 Fiscal Year shall be based upon the revised data contained in said 2024 tape and 2024 maps.

Dated: ______________ ___________________________
Ronald Nevels, RCE 62524
Engineer of Work

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STREET LIGHTING ASSESSMENT DISTRICT 2018 ATTACHMENT 3
7 APPENDIX A: FY 2024 ASSESSMENT ROLL
An Assessment Roll (a listing of all parcels assessed within the City of Berkeley Street Lighting Assessment District 2018 and the amount of the assessment) has been filed with the City Engineer, and is, by reference, made part of this report and will be available for public inspection during normal office hours.

Each lot or parcel listed on the Assessment Roll is shown and illustrated on the latest County Assessor records and these records are, by reference, made part of this report.

These records shall govern all details concerning the description of the lots or parcels.

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FY 2024
City of Berkeley
Street Lighting Assessment District 2018
April 2023

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(This Page Intentionally Left Blank)

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City of Berkeley
Street Lighting Assessment District 2018
FY 2024
Page i

CITY OF BERKELEY
City Council
Jesse Arreguin, Mayor
Rashi Kesarwani, District 1
Terry Taplin, District 2
Ben Bartlett, District 3
Kate Harrison, District 4
Sophie, Hahn, District 5
Susan Wengraf, District 6
Rigel Robinson, District 7
Mark Humbert, District 8

City Manager
Dee Williams‐Ridley

Public Works Department
Liam Garland, Director
Joseph Enke, Manager of Engineering
Ricardo Salcedo, Associate Civil Engineer

City Attorney
Farimah Brown

Engineer of Work
Jerry Bradshaw, P.E., SCI Consulting Group

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City of Berkeley
Street Lighting Assessment District 2018
FY 2024
Page ii

TABLE OF CONTENTS
City Council i
City Manager i
Public Works Department i
City Attorney i
Engineer of Work i
Introduction 1
Overview 1
Assessment Formation Process 2
Legal Requirements 2
Proposition 218 2
Silicon Valley Taxpayers Association, Inc. v. Santa Clara County Open Space Authority 3
Dahms v. Downtown Pomona Property 4
Bonander v. Town of Tiburon 4
Beutz v. County of Riverside 5
Golden Hill Neighborhood Association v. City of San Diego 5 Compliance with Current Law 5
Plans and Specifications 6
Fiscal Year 2024 Budget 8
Method of Assessment 10
Discussion of Benefit 10
Special Benefit 11
Improved Visibility and Safety 11
Improved Access, Navigation and Traffic Safety 11
Improved Community Character and Vitality 11
General Versus Special Benefit 12
Quantification of General Benefit 12
Calculation of General Benefit 13
Calculation of the Current General Benefit Contribution from the City 15 General Benefit is More than Offset by City Contribution 15 Method of Assessment 16
Residential Traffic 16
Non‐Residential Traffic 17
Darkness 17
Single‐Family Equivalents 17

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City of Berkeley
Street Lighting Assessment District 2018
FY 2024
Page iii

Annual Assessment Increase 18
Duration of Assessment 19
Appeals and Interpretation 19
Assessment Statement 20
Assessment Diagram 22
Appendix B – Assessment Roll 25

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City of Berkeley
Street Lighting Assessment District 2018
FY 2024
Page iv

List of Tables
Table 1 – FY 2024 Budget Summary ................................................................................... 8 Table 2 – General Benefit for Arterial Streets .................................................................. 14 Table 3 – Calculation of General Benefit .......................................................................... 14 Table 4 – Single‐Family Equivalent Rates .......................................................................... 18 Table 5 – Maximum Single‐Family Equivalent Rate Calculation ....................................... 19

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City of Berkeley
Street Lighting Assessment District 2018
FY 2024
Page v

List of Figures
Figure 1 – Assessment Diagram ........................................................................................ 22

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City of Berkeley
Street Lighting Assessment District 2018
FY 2024

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Introduction
Overview
The City of Berkeley (“City”) provides maintenance and servicing of certain publicly‐ owned street lights throughout the City. In order to fund the installation, maintenance and operation (the “Services”) of these improvements (“Improvements”), the City formed a city‐wide street light assessment district in 1982. The rates for the 1982 assessment district have never been increased. Revenues from these assessments are placed into the streetlight fund (Fund 470).

In time, the financial outlook of the Streetlight fund began to cause concern as the costs increased for energy, labor and materials, while the revenue remained relatively static.

Accordingly, the Streetlight fund no longer had enough funds to fund the Street light program. As a result, beginning in Fiscal Year 2006
1 the Streetlight fund began to receive
a subsidy from the City’s General Fund in order to balance revenues with expenditures.

However, because of other demands on the General Fund, that subsidy ended beginning Fiscal Year 2018. The modest fund balance was sufficient for Fiscal Year 2018 to cover that year’s anticipated expenses, but under current conditions it was expected to be depleted during Fiscal Year 2019. To establish financial sustainability for the Streetlight fund and avoid significant reductions in service levels, in 2018 the City conducted a funding measure to increase the assessment revenue for street light services.

With the passage of Proposition 218 in 1996, any increase in assessments must be approved by the affected property owners through a specified ballot proceeding. In addition, Proposition 218 and related subsequent court decisions create strict criteria for how assessments can be apportioned to the various propertie s, and the existing 1982 assessment structure may not be adequately consistent with these newer criteria.

While the 1982 assessment structure may continue as a “grandfathered” assessment, any increase must be implemented in accordance with Proposition 218 and court decisions. For this reason, a new district, Street Lighting Assessment District 2018 (“District”), was formed separately, leaving the 1982 assessmen t structure in place, as is.

The District will was formed and the levies are made pursuant to Part 2 of Division 15 of the California Streets and Highways Code, commonly known as the Landscape and Lighting Act of 1972 (“Act”), and Article XIIID of the California Constitution (“Article”).

1 Fiscal years are referenced in this Report by the year that fiscal period ends. For example, Fiscal Year 2006 would cover the period from July 1, 2005 through June 30, 2006.

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City of Berkeley
Street Lighting Assessment District 2018
FY 2024

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Assessment Formation Process
This Engineer’s Report (“Report”) describes the Street Lighting Assessment District 2018 ( “ D i s t r i c t ” ) , a l o n g w i t h t h e b o u n d a r i e s , a d e s c r i p t i o n o f t h e facilities and public improvements to be improved, serviced and maintained by the ass essments (the "Improvements”), and the proposed assessments for Fiscal Year 2024 (“Assessments”).

At its meeting on April 3, 2018, the City Council passed a resolution directing that a notice of assessment and assessment ballot be mailed to property owners wi t h in th e Di st r i ct whose property receives special benefit from the Improvements. The notice included a description of the Improvements to be funded by the Assessments , the proposed assessment amount for each parcel owned, and an explanation of the method of completing and submitting the ballot. Ballots were mailed on or about April 11, 2018.

On May 29, 2018, a public hearing was be held for the purpose o f allowing public testimony regarding the proposed Assessments. At the Public Hearing, the public had the o p p o r t u n i t y t o s p e a k o n t h e i s s u e , v o i c e a n y c o n c e r n s o r p r o t e sts, and obtain further information about the proposed Assessments.

The returned ballots were then t abulated, and the ballot result s were announced at the City Council meeting on June 12, 2018. It was determined that t he assessment ballots s u b m i t t e d i n o p p o s i t i o n t o t h e p r o p o s e d A s s e s s m e n t s d i d n o t e x ceed the assessment b a l l o t s s u b m i t t e d i n f a v o r o f t h e A s s e s s m e n t s ( e a c h b a l l o t w a s weighted by the proportional financial obligation of the property for which the ballot was submitted), so the Council was able to take action to approve the levying of A ssessments for Fiscal Year 2019. The Assessments were so confirmed and approved, and the A ssessment information was submitted to the County Auditor/Controller. The C o u n t y Auditor/Controller included the Assessments on the property tax roll beginning in Fiscal Year 2019. Assessments may now be continued by the City Council from year to year.

Legal Requirements
Proposition 218
This Assessment District was formed consistent with Proposition 218, The Right to Vote on Taxes Act, which was approved by the voters of California on November 6, 1996 and is now codified as Articles XIIIC and XIIID of the California C onstitution. Proposition 218 provides for benefit assessments to be levied to fund the cost o f p r o v i d i n g s e r v i c e s , improvements, as well as maintenance and operation expenses to a public improvement which benefits the assessed property.

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City of Berkeley
Street Lighting Assessment District 2018
FY 2024

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Proposition 218 describes a number of important requirements, including property‐ owner balloting for the imposition, increase and extension of assessments, and these requirements are satisfied by the process used to establish this Assessment District.

Silicon Valley Taxpayers Association, Inc. v. Santa Clara Count y Open Space Authority
In July 2008, the California Supreme Court decided Silicon Vall ey Taxpayers Association, Inc. v. Santa Clara County Open Space Authority (“SVTA”), the most significant court case clarifying the substantive assessment requirements of Proposition 218. Several of the most important elements of the decision included further emphas is that:
 Benefit assessments are for special benefits to property, not general benefits.  The services and/or improvements funded by assessments must be clearly defined.
 Assessment districts must be drawn to contain all parcels that receive a special benefit from a proposed public improvement.
 Assessments paid in each assessment district must be proportional to the special benefit received by each such parcel from the improvements and services funded by the assessment.

This Engineer’s Report and the process used to establish the Assessments are consistent with the SVTA decision and with the requirements of Article XIIIC and XIIID of the California Constitution based on the following factors:

1. The District is narrowly drawn to include only the properties t hat receive special benefit from the specific Improvements. Thus, zones of benefit are not required, and the assessment revenue derived from real property in the District is extended only on the Improvements in the District.

2. The Improvements which will be constructed and maintained with Assessment proceeds in the District are located in close proximity to the real property subject to the Assessment. The Improvements provide illumination to str eets and sidewalks enabling improved access to the residents of such ass essed property.

The proximity of the Improvements to the assessed parcels and the improved access and increased safety provided to the residents of the as sessed parcels by the Improvements provides a special benefit to the parcel being assessed pursuant to the factors outlined by the Supreme Court in that decision.

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Street Lighting Assessment District 2018
FY 2024

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3. Due to their proximity to the assessed parcels, the Improvement s financed with Assessment revenues in the District benefit the properties in that District in a manner different in kind from the benefit that other parcels of real property in the area derive from such Improvements, and the benefits conferred on such property in the District are more extensive than a general incr ease in property values.

4. The assessments paid in the Distr ict are proportional to the sp ecial benefit that each parcel within the District receives from the Improvements because:
a) The costs of the specific lighting Improvements and maintenance and utility costs in the District are specified in this Report; and

b) Such Improvement and maintenance costs in the District are allocated among different types of property located within the District and equally among those properties which have similar characteristics, such as single‐ family residential parcels, multi‐family residential parcels, commercial parcels, industrial parcels, etc.

Dahms v. Downtown Pomona Property
On June 8, 2009, the Court of Appeal amended its original opini on upholding a benefit assessment for property in the downtown area of the City of Pom ona in Dahms v.

Downtown Pomona Property (“Dahms”). On July 22, 2009, the California Supreme Court denied review. In Dahms the Court upheld an assessment that was 100% special benefit (i.e. 0% general benefit) on the rationale that the services an d improvements funded by the assessments were directly provided to property in the asses sment district. The Court also upheld discounts and exemptions from the assessment for certain properties.

Bonander v. Town of Tiburon
On December 31, 2009, in Bonander v. Town of Tiburon (“Bonander”), the Court of Appeal overturned a benefit assessment approved by property owners to pay for placing o v e r h e a d u t i l i t y l i n e s u n d e r g r o u n d i n a n a r e a o f t h e T o w n o f T iburon. The Court invalidated the assessments primarily on the grounds that the assessments had been apportioned to assessed property based in part on relative costs within sub‐areas of the assessment district instead of the overall cost of the improveme n t s a n d t h e o v e r a l l proportional special benefits.

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Street Lighting Assessment District 2018
FY 2024

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Beutz v. County of Riverside
On May 26, 2010 the Court of Appeals issued a decision in Steven Beutz v. County of Riverside (“Beutz”). This decision overturned an assessment for park maintenance i n Wildomar, California, primarily because the general benefits as sociated with improvements and services was not explicitly calculated, quanti fied and separated from the special benefits.

Golden Hill Neighborhood Association v. City of San Diego On September 22, 2011, the Court of Appeal issued a decision in Golden Hill Neighborhood Association v. City of San Diego appeal. This deci sion overturned an assessment for street and landscap ing maintenance in the Greate r Golden Hill neighborhood of San Diego, California. The Court described two primary reasons for its decision. First, like in Beutz, the Court found the general benefits associated with services were not explicitly calculated, quantified and separated from t he special benefits. Second, the Court found that the City failed to recor d the basis for the assessment on its own parcels.

Compliance with Current Law
This Engineer’s Report is consistent with the requirements of A rticles XIIIC and XIIID of the California Constitution and with the SVTA decision because the Improvements to be funded are clearly defined; the I mprovements are directly avail able to and will directly benefit property in the District; and the Improvements provide a direct advantage to property in the District that would not be received in absence of the Assessments.

This Engineer’s Report is consistent with Beutz, Dahms and Greater Golden Hill because the Improvements will directly benefit property in the District and the general benefits have been explicitly calculated and quantified and excluded fro m the Assessments. The Engineer’s Report is consistent with Bonander b e c a u s e t h e A s s e s s m e n t s h a v e b e e n apportioned based on the overall cost of the Improvements and Services and proportional special benefit to each property.

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Street Lighting Assessment District 2018
FY 2024

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Plans and Specifications
The work and Improvements to be undertaken by the City and the cost paid from the levy of the annual assessment provide special benefit to assessor pa rcels within the District defined in the Method of Assessment herein. Consistent with the Act, the Improvements are generally described as follows:

The installation, maintenance, and servicing of local street lights in close proximity to certain lots and parcels which provide a direct special benefit to such lots or parcels.

The installation, maintenance, and servicing of peripheral stree t l i g h t st r u c t u r e s w h i c h provide a special benefit to all the assessable parcels within the District whether or not such parcels are in close proximity to such lighting.

The installation or construction of public lighting facilities, or the acquisition of any new improvements.

Plans and Specifications for the Improvements for the District are voluminous and are not bound in this Report but by this reference are incorporated and made a part of this Report. The Plans and Specifications are on file in the office of the Public Works Director where they are available for public inspection.

Article XIII D of the California Constitution defines "maintenance and servicing expenses" as, "the cost of rent, repair, replacement, rehabilitation, fue l, power, electrical current, care and supervision necessary to properly operate and maintain a permanent public improvement". The Improvement funding includes, but is not limited to, the removal, repair, replacement or relocation of light standards, poles, bu lbs, fixtures and appurtenances, electrical energy, supplies, engineering and incidental costs relating to the maintenance and servicing of the local lighting improvement s benefiting the parcels within the District.

The Improvements to be maintained and serviced within the District are to be part of the local street light system of the City of Berkeley that confers special benefit to the District's parcels. The specific location of local street light Improvements within the City can be found in the Streetlight Condition Assessment by Tanko Lighting , which is on file in the office of the Director of Public Works, where it is available for public inspection.

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Street Lighting Assessment District 2018
FY 2024

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The Improvements to be maintained and serviced within the Distr ict include City‐owned street lights within the right of way of the local public stree t s l o c a t e d w i t h i n t h e boundaries of the District. These lights are all within close proximity to the parcels within the District identified as receiving local lighting benefit in the Method of Assessment, and, as such, provide special benefit to these parcels.

All street light maintenance will be performed by the City of Berkeley or its contractors.

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City of Berkeley
Street Lighting Assessment District 2018
FY 2024

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Fiscal Year 2024 Budget
A summary budget for fiscal year 2024 for the maintenance of the Improvements is provided below. The full Itemized budget for the Assessment District is voluminous and is not bound in this report but by reference is incorporated and m ade a part of this report.

The Itemized budget is on file in the Department of Public Work s where it is available for public inspection.

Table 1 – FY 2024 Budget Summary

Notes on the Budget:

1. The Act requires that proceeds from the Assessments must be deposited into a special fund that has been set up for the revenues and expenditures of the District. Moreover, funds raised by the Assessment shall be used only for the purposes stated within this Report. Any balance remaining at the end of the Fiscal Year, June 30, must be carried over to the next Fiscal Year. The City may also establish a reserve fund for contingencies and special projects, as well as a capital improvement fund for accumulating funds for FY 2024
Revenue
1982 Assessment Dist 1,422,966$
SLAD 2018 Assessments 1 773,830
Mis c. Revenue 957
TOTAL REVENUE 2,197,752$
Expenses
Personnel Expenses
Personnel 455,955
Other Operating Expenses
Non‐Personnel 440,530
Indirect Costs 54,916
Gas/Electricity 483,837
Debt Service Payment 370,451
Operating Transfer Out 12,120
County Collection Fee 37,346
Other Operating Subtotal 1,399,200$
Capital Expenses
Deferred Capital/Maint 420,000
Capital Subtotal 420,000$
TOTAL EXPENSES 2,275,155$
To (from) General Fund and/or Reserves (77,402)$
Budget Allocation to Parcels
Total Street Light 2018 Assessments 1 773,830$
Total Street Light 2018 SFEs 46,277.819
Assessment per SFE 2 16.72$

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City of Berkeley
Street Lighting Assessment District 2018
FY 2024

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larger capital improvement projects or capital renovation needs. Any remaining balance would either be placed in the reserve fund, the capital improvement fund, or would be used to reduce future years' assessments.

2. The rate shown here is for a Single‐Family Equivalent (“SFE”), which is a single‐family home or its equivalent. For the definition of the term SFE and rates for other types of property, see the section titled, “Method of Assessment” and the sections following it in this report.

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City of Berkeley
Street Lighting Assessment District 2018
FY 2024

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Method of Assessment
This section of the Engineer’s Report includes an explanation of the benefits derived from the installation, maintenance and servicing of the Improvements throughout the District and the Assessment methodology used to apportion the total Asse ssment to properties within the District.

The District consists of all assessor parcels within the boundaries as defined by the Assessment Diagram and the parcels identified by the Assessor Parcel Numbers listed with the levy roll included with this Report. The parcel list includes all assessable privately and publicly owned parcels within the boundaries. The method used for apportioning the Assessment is based on the proportional special benefits to be derived by the properties in the District over and above general benefits conferred on real property or to the public at large. The apportionment of special benefit is a two‐step process: the first step is to identify the types of special benefit arising from the Improvem ents and the second step is to allocate the Assessments to property based on the estimated relative special benefit for each type of property.

Discussion of Benefit
In summary, the Assessments can only be levied based on the special benefit to property.

This benefit is received by property over and above any general benefits. Moreover, such benefit is not based on any one property owner’s use of the Improvements or a property owner’s specific demographic status. With reference to the requ irements for Assessments, Section 22573 of the Act states:

The net amount to be assessed upon lands within an assessment d istrict may be apportioned by any formula or method which fairly distributes t he net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.

Proposition 218, as codified in Article XIIID of the California Constitution, has confirmed that Assessments must be based on the special benefit to property:

No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.

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City of Berkeley
Street Lighting Assessment District 2018
FY 2024

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Special Benefit
Street lighting is an optional improvement, not required by state or federal law, that is an enhancement over and above requisite infrastructure, and thus is a special benefit. The majority of the benefits of the street lights are received by the benefited property, with a small portion of the benefits received by the general public on major streets only. This portion received by the general public is captured and quantified in the following section.

The factors that determine special benefit conferred on parcels are detailed below:

Improved Visibility and Safety
Well maintained, effective street lighting provides special ben efit to proximate parcels, within range of the light, because it allows for safer and improved use of the property in the evenings, early morning, and at night. Street lighting provides special benefit because it increases neighborhood safety and, at least indirectly, reduces the likelihood of crime on the proximate parcels. Over time, the Improvements continue to confer a particular and distinct special benefit upon parcels within the District because of the nature of the Improvements. The proper maintenance of the street lights and appurtenant facilities increases visibility and local human presence and, in many situ ations, helps reduce property‐related crimes, especially vandalism, against assessed properties in the District.

Improved Access, Navigation and Traffic Safety
Well maintained, effective street lighting enhances ingress, egress and accessibility of all forms to the assessed parcels in the evening, early morning, and at night by increasing visibility. Improved visibility also helps prevent local automo bile, bicycle, and pedestrian traffic accidents related to the assessed parcels. This benefit includes a reduction in accidents during non‐daylight hours.

Improved Community Character and Vitality
Well maintained, effective street lighting promotes evening and nighttime social interaction of residents and customers of businesses and industry. This creates a positive atmosphere and enhanced community image in the evening and at night for the assessed parcels.

All of the above‐mentioned items also contribute to a specific enhancement to each of the parcels within the District. The proximate street lights ma ke each parcel safer, more visible, more accessible, more useful, more valuable and more desirable; and this further strengthens the basis of these Assessments.

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City of Berkeley
Street Lighting Assessment District 2018
FY 2024

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General Versus Special Benefit
The proceeds from the Assessments are used to fund the describe d Improvements and increased levels of maintenance to the other City facilities that serve and benefit the properties in the District. In absence of the Street Lighting Assessment District 2018, such Improvements would not be properly maintained. Therefore, the D istrict’s purpose is to ensure that the necessary and beneficial public facilities for property in the District are properly maintained, operated and repaired over time. The Assessments will ensure that street lighting and associated improvements within and adjacent t o t h e D i s t r i c t a r e functional, well maintained and effective. These public resources directly benefit the p r o p e r t y i n t h e D i s t r i c t a n d w i l l c o n f e r d i s t i n c t a n d s p e c i a l benefits to the properties within the District.

The Improvements and Services are specifically designed, located and created to provide additional and improved resources for property inside the Distr ict and not the public at large although the Improvements maintained by the Services may be available to the general public. Other properties that are outside the District do not enjoy the unique proximity and other special benefit factors described previously . T h e s e I m p r o v e m e n t s and Services are of special benefit to properties located withi n the District because they provide a direct advantage to properties in the District that would not be provided in the absence of the Assessments. Any general benefits to surroundin g properties outside of the Assessment District, if any, are collateral and conferred concomitantly.

Quantification of General Benefit
Although the analysis used to support these assessments concludes that the benefits are solely special, as described above, consideration is made for the suggestion that a portion of the benefits are general. General benefits cannot be funded by these assessments. The funding for general benefits must come from other sources.

The maintenance and servicing of these Improvements is also par tially funded, directly and indirectly, from other sources, including the City of Berke ley, Alameda County, and the State of California. This funding comes in the form of grants, development fees, special programs, and general funds, as well as direct maintenance and servicing of facilities (e.g. curbs, gutters, streets, drainage systems, etc.). This funding from other sources more than compensates for general benefits, if any, rec eived by the properties within the Assessment District.

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City of Berkeley
Street Lighting Assessment District 2018
FY 2024

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In the 2009 Dahms case, the Court upheld an asse ssment that was 100% special ben efit o n t h e r a t i o n a l e t h a t t h e s e r v i c e s f u n d e d b y t h e a s s e s s m e n t s w ere directly provided within the assessment district. It is also important to note th at the improvements and services funded by the assessments in Pomona are similar to the improvements and s e r v i c e s f u n d e d b y t h e A ss e s s m e n t s d e s c r i b e d i n t h i s E n g i n e e r ’ s Report and the Court found these improvements and services to be 100% special benefi t. Also similar to the assessments in Pomona, the Assessments described in this Engineer’s Report fund Improvements and Services directly provided within the District a n d e v e r y b e n e f i t i n g property in the District enjoys proximity and access to the Improvements. Therefore, Dahms establishes a basis for minimal or zero general benefits from the Assessments.

Nonetheless, possible general benefits have been liberally calculated below and then shown to be more than offset by resources from non‐assessment sources.

Calculation of G eneral Benefit
The Illumination Engineering Society of North America provides a widely‐used standard for street lighting which has become the de‐facto industry stan dard. This standard specifies footcandle requirements as a measurement of illumination at the roadway level, which are different for local, collector, and major streets usi ng three levels (low/medium/high) of pedestrian activity. The three street classifications and pedestrian activity levels are described below with a discussion of their general benefit contribution from the street light system.

Local Streets – a street that is used to gain access to the property bordering it. The street l i g h t s o n l o c a l s t r e e t s p r i m a r i l y s e r v e t h e a d j a c e n t p r o p e r t y owner. Therefore, per industry standard, the street lights on local streets have no general benefit component.

Collector Streets – low to moderate capacity roads which serve to move traffic from local streets to arterial roads. Similar to local streets, collector streets are primarily used by local residents and per industry standard are also deemed to have no general benefit component. This street classification will be used as the basel ine for this analysis.

Arterials – high capacity streets that serve as the principal ne t wo r k f o r t h r o u g h t r a f f i c flow. These routes connect areas of principal traffic generatio n and important regional roadways traversing the City. As such, this traffic includes a significant number of drivers from outside the District and the street light Improvements may c o n f e r s o m e g e n e r a l benefit on those drivers.

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City of Berkeley
Street Lighting Assessment District 2018
FY 2024

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On average, arterial streets requ ire a 45% increase in lighting l eve l s f r om t h e b ase l i ne collector streets.2 This increase in lighting reinforces the special benefits to t he abutting properties as defined above: increased visibility and safety; improved access, navigation and traffic safety; and improved community character and vitali ty. In addition to these benefits, the through traffic flow, which includes drivers from outside the District, receives the additional benefit of reduction in nighttime accidents due to enhanced lighting. The degree to which each of these benefits can be considered general benefit is shown in Table 2 below.

Table 2 – General Benefit for Arterial Streets

The general benefit from arterial streets must be combined with the general benefit from a l l o t h e r s t r e e t s i n t h e D i s t r i c t . E a c h c a t e g o r y o f s t r e e t h a s its unique general benefit weight, prorated by center line miles of streets. This calculation is shown in Table 3 below.

Table 3 – Calculation of General Benefit

2 Based on values from the Illumination Engineering Society of North America, “American National Standard Practice for Roadway Lighting.”
Benefit Factor
Relative
Weight
General
Benefit
Contribution
Relative
General
Benefit
Improved Nighttime Visibility and Safety 25 0% 0.0%
Improved Access, Navigation and Traffic
Safety 25 50% 12.5%
Improved Community Character and Vitality 25 0% 0.0%
Reduction in Nighttime Accidents 25 75% 18.8%
General Benefit on Arterial Streets from Improved Lighting 31.3% Street Classification
General
Benefit
Weight
General
Benefit
Local 158 73.1% 0% 0.0%
Collector 37 17.1% 0% 0.0%
Arterial 21 9.7% 31.3% 3.0%
TOTAL 216 100% 3.0%
Centerline Miles

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City of Berkeley
Street Lighting Assessment District 2018
FY 2024

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A s a r e s u l t , t h e C i t y o f B e r k e l e y w i l l c o n t r i b u t e a t l e a s t 3 . 0 % of the total budget from sources other than the Assessmen t. This contribution offsets any general benefits from the Assessment Services.

Calculation of the Current Gener al Benefit Contribution from th e City This general benefit contribution is the sum of the following components:

The City of Berkeley owns, maintains, rehabilitates and replaces curb and gutter along the border of the Assessment District improvements. This curb and g utter serves to support, contain, retain, manage irrigation flow and growth, and provide a boundary for the Improvements. The contribution from the City of Berkeley toward general benefit from the maintenance, rehabilitation, and replacement of the curb and gutter is conservatively estimated to be 1%.

The City of Berkeley owns and maintains a storm drainage system along the border of the District’s Improvements. This sy stem serves to prevent flooding and associated damage to the Improvements and to manage urban runoff including local pollutants loading from the Improvements. The contribution from the City of Berkeley toward general benefit from the maintenance and operation of the local storm drainage system is conservatively estimated to be 1%.

The City of Berkeley owns and maintains local public streets throughout the District.

These public streets provide access to the Improvements for its e n j o y m e n t a s w e l l a s efficient maintenance. The contribution from the City of Berkeley toward general benefit from the maintenance of local public streets is conservatively estimated to be 1%.

The value of the construction of the existing street light Improvements can be quantified and monetized as an annuity. Since this construction was performed and paid for by funds other than these Assessments, this “annuity” can be used to off set general benefit costs and is conservatively estimated to contribute 25%.

General Benefit is More than Offset by City Contribution Therefore, the total general benefit is liberally quantified at 3 . 0 % , w h i c h i s m o r e t h a n offset by the total non‐assessment contribution toward general benefit of 28%. In addition, the budget anticipates receiving 3.4% of the budget from sources other than the assessment.

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Berkeley City CouncilJune 13, 2023

Berkeley City Council
June 13, 2023