Agenda packet — Berkeley City Council, June 27, 2023 (part 1 of 6)

Tuesday, June 27, 2023 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, June 27, 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 - SHERATON GATEWAY LOS ANGELES HOTEL, 6101 WEST CENTURY BOULEVARD, LOS ANGELES, CA 90045

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/1608493904. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1 -833-568-8864 (Toll Free) and enter Meeting ID: 160 849 3904. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

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

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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.

1. Adjourn in memory of Dorothy Walker, Local Activist
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 al lotted 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. Bird Safe Building Requirements; Adding Berkeley Municipal Code Section

23.304.150
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,864-N.S. adding Berkeley Municipal Code Section 23.304.150 establishing Bird Safe Building requirements (“bird safe requirements”) for projects that require a building permit.

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

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

2. 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 second reading of Ordinance No. 7,865-N.S. setting the FY 2024 tax rate funding the debt service on the Affordable Housing General Obligation Bonds (Measure O, November 2018) at 0.0250%.

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

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

3. FY 2024 Tax Rate: Fund Firefighting, Emergency Medical Response and Wildfire Prevention (Measure FF)
From: City Manager, City Manager
Recommendation: Adopt second reading of Ordinance No. 7,866-N.S. 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.

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

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

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4. 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 second reading of Ordinance No. 7,867-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) at 0.0050%.

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

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

5. FY 2024 Tax Rate: Fund Debt Service on 2015 Refunding General Obligation Bonds (Measures G, S & I)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,868-N.S. 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%.

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

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

6. 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 second reading of Ordinance No. 7,869-N.S. 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%.

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

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

7. 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 second reading of Ordinance No. 7,870-N.S. 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%.

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

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

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8. FY 2024 Tax Rate: Business License Tax on Large Non-Profits From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,871-N.S. 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.

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

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

9. FY 2024 Tax Rate: Fund the Maintenance of Parks, City Trees and Landscaping From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,872-N.S. 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.

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

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

10. FY 2024 Tax Rate: Fund the Provision of Emergency Medical Services (Paramedic Tax)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,873-N.S. 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.

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

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

11. FY 2024 Tax Rate: Fund Emergency Services for the Severely Disabled (Measure E)
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,874-N.S. 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.

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

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

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12. Amendments to Berkeley Election Reform Act; Amending Berkeley Municipal Code Chapter 2.12
From: Fair Campaign Practices Commission
Recommendation: Adopt second reading of Ordinance No. 7,875-N.S. 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.

First Reading Vote: All Ayes.

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

13. Amendments to the COVID-19 Emergency Response Ordinance; Amending Chapter 13.110 of the Berkeley Municipal Code
From: Mayor Arreguin (Author), Councilmember Harrison (Author), Councilmember Hahn (Author), Councilmember Robinson (Author) Recommendation: Adopt second reading of Ordinance No. 7,876-N.S. 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.

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

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

14. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of May1 (Closed), May 2 (Special), May 8 (Closed), May 9 (Regular), May 15 (Closed), May 16 (Special and Special WS) and May 23 (Special and Regular).

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

15. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 27, 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: Street Light Poles for FY 2023 Fund - $400,000 Contact: Henry Oyekanmi, Finance, (510) 981-7300

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16. FY 2024 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
From: City Manager, City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2024 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley at the rate of $0.06062 (6.062 cents) per square foot of improvements for dwelling units and setting the rate for all other property at $0.09173 (9.173 cents) per square foot of improvements.

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

17. FY 2024 Special Tax Rate: Fund the Provision of Library Services From: City Manager, City Manager
Recommendation: Adopt first reading of an Ordinance setting the FY 2024 tax rate for funding the provision of Library Services in the City of Berkeley at $0.2698 (26.98 cents) per square foot for dwelling units and $0.4080 (40.80 cents) per square foot for industrial, commercial, and institutional buildings.

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

18. Appropriations Limit for FY 2024
From: City Manager
Recommendation: Adopt a Resolution establishing the appropriations limit at $342,803,053 for FY 2024 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.

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

19. Revisions to the Debt Management and Disclosure Policy From: City Manager
Recommendation: Adopt a Resolution accepting revisions to the Debt Management and Disclosure Policy.

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

20. FY 2024 Reaffirming the Investment Policy and Designation of Investment Authority
From: City Manager
Recommendation: Adopt a Resolution reaffirming the current Investment Policy (no revisions are recommended) and to confirm the delegation of investment authority to the Director of Finance to make investments for FY 2024.

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

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21. Contract: ZOLL Medical Corporation for ECG Monitor/Defibrillator Support From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and all amendments with Zoll Medical Corporation for data storage, preventative maintenance and service of X-Series Electrocardiogram (ECG) Monitor / Defibrillators for emergency response vehicles from July 1, 2023 to June 30, 2025 in an amount not to exceed $106,000.

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

22. Contract: Stryker Corp. Preventative Maintenance and Service From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments, with Stryker Corporation to provide preventative maintenance and service to the Departments mechanical Cardio Pulmonary Resuscitation (CPR) units for three years from August 1, 2023 until August 1, 2026 in the amount not to exceed $62,000.

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

23. Contract: US Digital Designs for Fire Station Emergency Alerting System From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a piggyback contract and any amendments with US Digital Designs using the National Purchasing Partners (NPP) contract No. 2020 in an amount not to exceed $1,600,000 for the purchase, installation and maintenance of a Fire Station Emergency Alerting System from July 12, 2023 through June 2, 2026.

Financial Implications: Various Funds - $1,600,000
Contact: David Sprague, Fire, (510) 981-3473

24. Contract No. 32300112 Amendment: Harold Dichoso COVID-19 Outreach and Education.

From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32300112 with Harold Dichoso, to extend the contract end date through June 30, 2024 and increase the not-to-exceed amount (NTE) by $35,000 utilizing one-time grant funds. The amendment will increase the NTE amount from $90,000 to $125,000.

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

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25. Fiscal Year 2023 Community Development Block Grant (CDBG) Public Facility Improvement Program Funds for Insight Housing’s (formerly Berkeley Food and Housing Project (BFHP)) Dwight Way Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to: 1. Allocate $680,000 of FY 2023 federal CDBG funds available to the Public Facility Improvement Program, to Insight Housing (IH) to rehabilitate IH’s Dwight Way Center (DWC); and 2. Execute all resultant agreements and amendments with IH for the above-mentioned funds; and 3. Recapture any unspent CDBG funds awarded to IH for the resulting contract, if the funds are not spent by June 30, 2024.

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

26. Dell Computers, Inc.: Using County of Riverside Amendment No. 1 to the Licensing Solution Provider Agreement with Dell Marketing L.P. for Computer Hardware and Software Purchases
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase spending authority with Dell Computers, Inc. for the purchase of computer and server hardware, software, and related services, utilizing pricing and contracts, amendments, and extensions from the County of Riverside Amendment No. 1 to the Licensing Solution Provider for the period beginning November 1, 2019 through October 31, 2024 for an amount not-to-exceed (NTE) $1,939,538 in Fiscal Year 2024.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

27. Contract No. 10549B Amendment: Tyler Technologies Enterprise Resource Planning System for ongoing software licensing, maintenance services, and disaster recovery services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 10549B with Tyler Technologies for software licensing, maintenance services, and disaster recovery services for the online Enterprise Resource Planning (ERP) system for the amount not to exceed $1,000,000 and a total contract value not to exceed $4,705,343 from April 1, 2017 to June 30, 2025.

Financial Implications: See report
Contact: Kevin Fong, Information Technology, (510) 981-6500

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28. Contract: R.X. Lodge, Inc. for the West Side Aquatic Park Tree Planting and Irrigation Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving the plans and specifications for the West Side Aquatic Park Tree Planting and Irrigation Project, Specification No. 23-11587-C; and 2. Accepting the bid of the lowest responsive and responsible bidder, R.X. Lodge, Inc.; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, with R.X. Lodge, Inc. for the West Side Aquatic Park Tree Planting and Irrigation Project in an amount not to exceed $263,000, which includes a contract amount of $213,000 and a 23.5% contingency in the amount of $50,000.

Financial Implications: $263,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

29. Grant Application: USDA Forest Service – Berkeley Urban Forestry Project From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application in the amount of up to $3,800,000 to the federal USDA Forest Service grant program for the Berkeley Urban Forestry Project; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize up to $4,200,000 in local in-kind match, including up to $3,200,000 in local cash match, and authorizes the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: Revenue - $3,800,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

30. Donation: Two Memorial Benches at Cesar Chavez Park in memory of Richard & Gloria Crocker
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $6,800 for two memorial benches to be placed at Cesar Chavez Park in memory of Richard and Gloria Crocker.

Financial Implications: Revenue - $6,800
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

31. Contract: Citygate for Police Department Staffing and Workload Study From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Citygate Associates, LLC (Contractor) to provide a staffing and workload study from June 30, 2023 to June 30, 2024, in an amount not to exceed $120,000 with an option to extend for an additional two years, for a total contract amount not to exceed $200,000.

Financial Implications: General Fund - $200,000
Contact: Jennifer Louis, Police, (510) 981-5900

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32. Contracts: On-Call Survey Services
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to execute the following contracts and any amendments for on-call survey services for capital improvement projects and the Engineering Division, each for a period of July 1, 2023 through June 30, 2026:

1. Cunha Surveying, Inc. (Cunha) in an amount not to exceed $400,000;

2. Kister, Savio & Rei, Inc. (KSR) in an amount not to exceed $400,00;

3. MNS Engineers, Inc. (MNS) in an amount not to exceed $400,000.

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

33. Contracts: On-Call Geotechnical and Engineering Testing Services From: City Manager
Recommendation: Adopt five Resolutions authorizing the City Manager to execute the following contracts and any amendments for on-call geotechnical and engineering testing services for capital improvement projects, each for a period of July 1, 2023 through June 30, 2026:

1. BSK Associates (BSK), for an amount not to exceed $400,000;

2. Inspection Services, Inc. (ISI), for an amount not to exceed $400,000;

3. Ninyo & Moore, for an amount not to exceed $400,000;

4. Alan Kropp & Associates (Alan Kropp), for an amount not to exceed $150,000;

5. Fisher Geotechnical, for an amount not to exceed $150,000.

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

34. Contract: Bay Cities Paving & Grading, Inc. for Southside Complete Streets Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Southside Complete Streets Project (“Project”), Specification No. 23-11572-C, Federal Aid Project No. CMSTPL-5057(051); 2. Accepting the bid of Bay Cities Paving & Grading, Inc., the lowest responsive and responsible bidder; and 3.

Authorizing the City Manager to execute a contract with Bay Cities Paving & Grading, Inc. and any amendments, extensions, and/or change orders until completion of the Project in accordance with the approved plans and specifications, in an amount not to exceed $12,973,925, which includes a 20% contingency for unforeseen circumstances.

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

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35. Contract: Downtown Streets Team for Hand Sweeping, Graffiti and Litter Abatement, Poster Removal, and Low Barrier Volunteer Work Experience Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract, and any amendments or extensions, with Downtown Streets Team for hand sweeping, graffiti and litter abatement, poster removal, and low barrier volunteer work experience program. The contract will be in an amount not to exceed $1,625,500 for the period August 1, 2023 through August 30, 2027.

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

36. Contract No. 32000147 Amendment: Trip Stop Sidewalk Repair, Inc. for FY 2020 Sidewalk Inspection and Shaving Services Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000147 with Trip Stop Sidewalk Repair, Inc. (Trip Stop) for FY2020 Sidewalk Inspection and Shaving Services, increasing the contract amount by $835,969 for a total not-to-exceed amount of $2,285,969.

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

37. Ground Lease Agreement – RM Ventures LLC, d.b.a In the Wood Grill and Bar for Nonexclusive Use of Elmwood Parking Lot Pedestrian Paseo From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a ground lease agreement with RM Ventures LLC d.b.a., In the Wood Grill and Bar for the nonexclusive use of a portion of the Elmwood Parking Lot Pedestrian Access Path (“Paseo”), a City-owned midblock pedestrian path connecting the City’s Elmwood Parking Lot to College Avenue in the Elmwood Neighborhood Shopping District, for an initial term of ten (10) years with one optional ten (10) year lease extension.

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

38. SteelWave donation for pedestrian safety improvements in West Berkeley From: City Manager
Recommendation: Adopt a Resolution accepting $40,000 cash donation for the Addison Bike Boulevard project and Vision Zero traffic safety improvements in West Berkeley from SteelWave LLC.

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

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39. goBerkeley SmartSpace Pilot Program Evaluation & Next Steps From: City Manager
Recommendation: 1. Adopt a Resolution directing staff to maintain SmartSpace visitor paid parking in the Southside and employee parking permits in the Elmwood; and 2. Adopt a Resolution updating existing schedule of parking violations and fines to include parking violations and late payment penalties related to pay-by-plate pay stations in the SmartSpace area and enforcing transit-only lanes, and rescinding Resolution 68,902-N.S. 3. Direct staff to incorporate into existing Residential Preferential Parking (RPP) referral(s) an assessment of the use of visitor paid parking and/or employee parking permits in other RPP areas.

Financial Implications: See report.

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

40. Approving Proposed Projects Anticipated to be paid for by the State’s Road Maintenance and Rehabilitation Account Funds for FY 2023-24 From: City Manager
Recommendation: Adopt a Resolution approving a proposed list of projects that will utilize funding from the State of California’s Road Maintenance and Rehabilitation Account, and authorize the City Manager to submit the proposed list to the California Transportation Commission.

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

41. Extending the Community Workforce Agreement with Building & Construction Trades Council, et al., for Construction Projects Over $500,000 From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment to the Community Workforce Agreement with the Alameda County Building & Construction Trades Council, and twenty-two labor organizations on City capital improvement projects with an estimated value in excess of $500,000 to extend the agreement through June 30, 2026.

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

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Consent Calendar
Tuesday, June 27, 2023 AGENDA Page 14

42. Request That City Council Strongly Recommend That HUD-Owned Harriet Tubman Terrace Apartments Install Solar Battery Back-up Battery Capability To Meet Medical Needs Of Their Residents During Loss Of Electrical Power And Consider Same Action For Other HUD Properties In Berkeley From: Disaster and Fire Safety Commission
Recommendation: The Disaster and Fire Safety Commission (DFSC) is requesting that Berkeley City Council strongly recommend that The Department of Housing and Urban Development (HUD) owned Harriet Tubman Terrace Apartments install solar battery back-up battery capability to meet the medical needs of their residents during loss of electrical power and consider the same action for other HUD properties in Berkeley.

Financial Implications: None
Contact: Keith May, Commission Secretary, (510) 981-3473

43. Establishment of a Sister City Relationship with Las Vegas, Santa Bárbara, Honduras
From: Peace and Justice Commission
Recommendation: Adopt a Resolution establishing a sister city relationship with the municipality of Las Vegas in the Santa Bárbara department of Honduras.

Financial Implications: None
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100

Council Consent Items

44. Contract No. 32000196 Amendment: Szabo & Associates for Communications Consulting Services
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000196 with Szabo & Associates for communications consulting services for the Mayor’s Office, increasing the contract amount by $78,000 for a new total not to exceed $303,500, and extending the contract term to June 30, 2024.

Financial Implications: General Funds - $78,000
Contact: Jesse Arreguin, Mayor, (510) 981-7100

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Council Consent Items
Tuesday, June 27, 2023 AGENDA Page 15

45. Berkeley Food Utility and Access Resilience Measure (FARM) (Reviewed by the Health, Life Enrichment, Equity, & Community Committee) From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor) Recommendation:

1. Refer to the City Manager the task of protecting the City’s food supply from natural disasters and economic disruptions by promoting the efforts of community-based organizations to design and implement an integrated local food production and distribution system for the City of Berkeley.

2. Refer to the City Manager and the Office of Economic Development resources to research and return to the Council potential economic incentives for non-profits, agricultural producers, and small businesses to partner with the City of Berkeley to support the implementation of FARM.

3. Adopt a resolution to support the goals of the FARM initiative and the development of hyperlocal urban food production with community-based organizations.

Policy Committee Recommendation: To send the item to Council with a positive recommendation.

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

46. Street Pavement Painting: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Bartlett (Author)
Recommendation: Adopt a Resolution approving the expenditure of funds, including $1000.00 from Vice Mayor Bartlett, to Healthy Black Families, Inc. for the Ellis Street art renovation. The funds will be relinquished to the City’s General Fund from the discretionary council office budget of Vice Mayor Ben Bartlett and the discretionary council office budgets of any other City Councilmembers who would like to contribute.

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

47. Reparations Now Community Art Mural Restoration and Preservation From: Councilmember Bartlett (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Direct the City Manager to authorize, preserve, protect, and authorize the Reparations Now mural on Ellis Street (next to Malcolm X Elementary School) to continue the legacy of educational spaces for all community members to view it in the City of Berkeley.

Financial Implications: None
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

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Council Consent Items
Tuesday, June 27, 2023 AGENDA Page 16

48. Support for AB-660 Food Labeling (Assemblymember Irwin) From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution in support of AB-660 Food Labeling: quality dates, safety dates, and sell by dates (Assemblymember Jacqui Irwin), and send copies to Assembly Members Irwin and Wicks and Senator Skinner.

Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

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

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

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

Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. 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.

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Action Calendar – Public Hearings
Tuesday, June 27, 2023 AGENDA Page 17

49. Public Hearing on Zero Waste Five-Year Rate Schedule From: City Manager
Recommendation: Conduct a public hearing, complete the majority protest process required by Proposition 218, and upon the conclusion of the public hearing, if there is no majority protest, adopt a Resolution setting FY 2024-2028 rates for residential and commercial refuse, compost, and recycling collection.

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

50. Biennial Syringe Services Report
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, accept the Biennial Syringe Services Report.

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

51. Approval and Levy of 2018 Clean Stormwater Fee in FY 2024 From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt a Resolution approving the proposed adjusted fees for the 2018 Clean Stormwater Fee and ordering the levy of the fees in Fiscal Year 2024.

Financial Implications: See report.

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

52. Levy and Collection of Fiscal Year 2024 Street Lighting Assessments From: City Manager
Recommendation: Conduct a public hearing and upon conclusion adopt Resolutions confirming the assessments for the Berkeley Street Lighting Assessment District No. 1982-1 and the Street Lighting Assessment District 2018, approving the Engineer’s Reports, and authorizing the levying and collection of assessments in Fiscal Year 2024.

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

Action Calendar – New Business

53. FY 2024 Proposed Budget Update Adoption
From: City Manager
Recommendation: Adopt a Resolution: 1. Adopting the FY 2024 Proposed Budget Update (“FY 24 Proposed Budget”) as presented to Council on May 16, 2023, and as amended by subsequent Council action. 2. Authorizing the City Manager to provide applicable advances to selected community agencies receiving City funds in FY 2024, as reflected in Attachment 2 to the report, and as amended by subsequent Council action.

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

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Action Calendar – New Business
Tuesday, June 27, 2023 AGENDA Page 18

54. FY 2024 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt first reading of an Ordinance adopting the FY 2024 Annual Appropriations Ordinance (AAO) in the amount of $718,932,025 (gross appropriations) and $610,760,531 (net appropriations).

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

55. Borrowing of Funds and the Sale and Issuance of FY 2023-24 Tax and Revenue Anticipation Notes
From: City Manager
Recommendation: Adopt a Resolution approving the borrowing of $25,000,000 and the sale and issuance of Fiscal Year 2023-24 Tax and Revenue Anticipation Notes.

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

Council Action Items

56. Adopting a temporary exemption from the collection of taxes under BMC Chapter 9.04.136(D): Tax Rate for Non-Medical and Medical Cannabis Businesses (Continued from May 23, 2023)
From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Humbert (Co- Sponsor)
Recommendation:

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

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

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

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

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Information Reports
Tuesday, June 27, 2023 AGENDA Page 19

57. Voluntary Time Off Program for Fiscal Year 2024
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

58. Status Report - Berkeley’s Financial Condition (FY 2012 – FY 2021): Pension Liabilities and Infrastructure Need Attention
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

59. FY 2023 Third Quarter Investment Report: Ended March 31, 2023 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

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

61. Zero Waste Commission Fiscal Year 2023-24 Work Plan From: Zero Waste Commission
Contact: Julia Heath, Commission Secretary, (510) 981-6300

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

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

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

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

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Tuesday, June 27, 2023 AGENDA Page 20
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 15, 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 #49: Public Hearing on Zero Waste Five-Year Rate Schedule

1. Gail Greenwood

2. Sabina McMurtry

3. Mariane Conchita Ferme

4. Gerhard Blendstrup

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Tuesday, June 27, 2023 AGENDA Page 21

5. Barbara Gilbert

6. Keith Winnard

7. Michelle Falise

8. Dorothea Dorenz

9. Gran Haselsteiner

10. Glen Hauer

11. Robert Lauriston

12. Keith Winnard
Police Accountability Board (PAB)

13. Councilmember Humbert
BART Development

14. Lana Golden

15. Victoria Kahn

16. Carol Hirth

The Multicultural Institute

17. Eduardo Rosas

$100,000 Budget Referral for Harold Way Schematic Design

18. Downtown Berkeley Association

Elliott Halpern’s Memorial Program

19. Boona cheema

20. Councilmember Harrison

Abatement Notice: 1510 Rose Street #A

21. Sara Kershnar

Crime and Safety in Berkeley

22. Judy Bertelsen

23. Cara and Brad

24. Alexander Merenkov

25. Eric Friedman

BUSD Students Are Climate Scholars?

26. Walter Wood

Disability Commissions Meeting Locations and Zoom

27. Kelly Hammargren

Cities Charge for Responding to DUI Accidents

28. David Lerman

Marina Docks in Need of Replacement

29. Dan Bohn (2)

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Tuesday, June 27, 2023 AGENDA Page 22
Gender Disparities in City Contracting

30. Commission on the Status of Women

Ferry Idea

31. Dorothea Dorenz

U Visa Processes

32. Prerna Lal

Work on 9th Street

33. Margret Elliott

Bird Safe Windows

34. Barbara Gilbert

Repaving Hopkins Corridor and more

35. Edward Opton

36. Ross Bernet

37. Phyllis Orrick

38. Lucy Laird

39. Helen Hallberg

40. Lee Bishop

41. Marcus Daniels

42. Jordan Burns

43. Pablo Diza-Gutierrez

44. Cindi Goldberg

45. Howard Goldberg

46. Carol Hirth

47. Marc Hedlund

48. Julia Moss

49. Laura Fujii

50. Lisa Chow

51. Ray Freeman

52. Walter Wood

53. Nancy Rader

54. Henry Pinkard

55. David Gilbert

56. Barry Fike

57. Alyssa Plese

58. Heath Maddox

59. Leni Siegel

60. Matt Weber

61. David Shere

62. Cathy Edwards

63. Tom Lent

64. Diane Garcia

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Tuesday, June 27, 2023 AGENDA Page 23

65. Derrick Johnson

66. Bill Hoffmann

67. Sheila Newbery

68. Corey Busay

69. Tracee Farrell

70. Max Gara

71. S. Entwistle

72. Donna DeDiemar

Bus Transit Development Along University Avenue

73. Nicola Spence and Hans Reinhardt, owners of Alpha Design Custom Furniture

Homelessness Solutions via the City of Houston

74. Bryan Bowman

Disgruntled

75. Steve Byerly

Rights Are Based On Me

76. Benjamin Stein

MLK Civic Center Park

77. Erik Fowle

Horse Racing Deaths

78. Carole Kalous

79. Wanda Warkentin

Cell Tower at 1321 Gilman Street

80. Carol Hirth

URL’s Only

81. Vivian Warkentin (3)

82. Bob Flasher
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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Ordinance No. 7,864-N.S. Page 1 of 6
ORDINANCE NO. 7,864-N.S.

BIRD SAFE BUILDING; ADDING BERKELEY MUNICIPAL CODE SECTION

23.304.150
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That the Berkeley Municipal Code is amended to add a new Section

23.304.150 to read as follows:

23.304.150 Bird Safe Building.

A. Purpose. The purpose of this section is to reduce bird mortality from windows and other transparent or reflective buildings or building features known to increase the risk of bird collisions.

B. Applicability.

1. Applicability. The bird safe building requirements apply to the following types of projects based on the primary land use when such projects require a building permit.

Table 23.304-10. Bird Safe Building Requirement Applicability Project Type Applicable Building
Location(s)
Supplemental
Standards
Non-Residential
New Construction or
Addition
All transparent or reflective
material located between the
ground and 75 ft. above
grade.

New or Replacement
Transparent or
Reflective Material on
Existing Building
All transparent or reflective
material located between the
ground and 75 ft. above
grade.

23.304.150(B)(3)(a),

23.304.150(B)(3)(b)
High-Risk Features All high-risk features located
at any grade.

23.304.150(B)(3)(a)
Residential or Mixed Use
New Construction or
Addition, Building with
10,000 sq. ft. or more
of gross floor area
and an average
All transparent or reflective
material located between the
ground and 75 ft. above
grade.

23.304.150(B)(3)(a)

23.304.150(B)(3)(d)

23.304.150(B)(3)(e)

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Ordinance No. 7,864-N.S. Page 2 of 6
building height greater
than 35 ft.

New or Replacement
Transparent or
Reflective Material on
Existing Building with
10,000 sq. ft. or more
of gross floor area
and an average
building height greater
than 35 ft.

All transparent or reflective
material located between the
ground and 75 ft. above
grade.

23.304.150(B)(3)(a),

23.304.150(B)(3)(c),

23.304.150(B)(3)(d)

23.304.150(B)(3)(e)
High-Risk Features All high-risk features located
at any grade.

23.304.150(B)(3)(a)

23.303.150(B)(3)(d)

23.304.150(B)(3)(e)

2. Definitions.
a. High-Risk Features. Transparent or reflective building components that are particularly susceptible to bird-glass collisions: Railings; Awnings; Windbreak/windscreen panels; Acoustic barriers; Skywalks; Greenhouses; Glass walls; Rooftop appurtenances; Balconies; and Exterior decorative panels or signage.
b. Low-e Coating. A “LOW-E COATING” as defined in 2022 Title 24, Part 6 California Energy Code Reference Appendices or successor regulations.
c. Glass Surfaces. Glass surfaces shall be numbered starting with the window surface closest to the exterior of the building and proceeding inward. (See Figure 23.304-1).

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Ordinance No. 7,864-N.S. Page 3 of 6
Figure 23.304-1 Glass Surfaces

3. Phasing and Exemptions.
a. No Replacement. The bird safe building requirements do not apply to existing windows or other transparent or reflective materials that are not proposed to be replaced.
b. Phase-In for Existing Non-Residential Buildings with Lower Hazard Facades. Buildings where every façade’s total square footage consists of less than 30 percent transparent or reflective material are exempt through July 1, 2025, except that High-Risk Features are not exempt.

If one or more façade contains 30 percent or more transparent material in its total square footage, all transparent or reflective materials shall meet 23.304.150(C) (Bird Safe Requirements). c. Phase-In for Existing Residential Buildings with Lower Hazard Facades. Buildings where every façade’s total square footage consists of less than 30 percent transparent or reflective material are exempt through January 1, 2028, except that High-Risk Features as described in Table 1 – 23.304-10 are not exempt. If one or more façade contains

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Ordinance No. 7,864-N.S. Page 4 of 6
30 percent or more transparent material in its total square footage, all transparent or reflective materials shall meet 23.304.150(C) (Bird Safe Requirements)
d. Exemption for Affordable Housing. Residential projects, including the residential portion of mixed-use projects, where greater than 50 percent of the residential unit floor area are subject to recorded affordability restrictions, are exempt from the provisions of this section.

If added to an existing property, the entire property is exempt. e. Exemption for Historic Resources. Designated landmarks and/or structures of merit pursuant to BMC Chapter 3.24 (Landmarks Preservation Commission) are exempt.

C. Bird Safe Requirements. Any regulated transparent or reflective material must meet at least one of the following conditions:

1. Threat Factor Rating. A product with an American Bird Conservancy Threat Factor Rating of 30 or less.

2. Patterned Glazing Treatment. The glass or reflective material assembly must have all the following characteristics:
a. Panes with patterns that are etched, fritted, stenciled, silk-screened, or otherwise permanently incorporated into the transparent material on either glass surface 1 or 2 only. If the pattern utilizes dots or other isolated solid shapes, each dot or shape must be at least a ¼ inch in diameter and be no more than 2 inches apart in any direction (see Figure 23.304-2, left). If the pattern utilizes lines, they must be at least ⅛ inch in width and spaced no more than 2 inches apart (see Figure

23.304-2, left). Frit, ceramic ink, or other marker types must be opaque;
b. Visible light reflectance from the exterior surface of less than or equal to 15%; and
c. As viewed from glass surface 1, all low-e coatings must be behind the pattern.

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Ordinance No. 7,864-N.S. Page 5 of 6
Figure 23.304-2 Patterned Glazing Treatment Requirements

Dots or Isolated Solid Shapes Lines

3. External Screens, Shutters, or Shading Devices. Panes with exterior screens, shutters or shading devices installed permanently over windows, structures, or building features such that there is no gap larger than 9 inches in one dimension. Building integrated treatments include, but are not limited to, metal screens, shutters, fixed solar shading such as louvres, and exterior insect or solar screens.

D. Enforcement. Permit applicant shall attest to compliance with the provisions of this section and allow for third party verification of compliance, in accordance with administrative regulations promulgated by the Zoning Officer, which may be modified from time to time to effectively implement this section.

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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Ordinance No. 7,864-N.S. Page 6 of 6
At a regular meeting of the Council of the City of Berkeley held on June 6, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Bartlett.

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Ordinance No. 7,865-N.S. Page 1 of 1
ORDINANCE NO. 7,865-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.

At a regular meeting of the Council of the City of Berkeley held on June 13, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Bartlett and Arreguin.

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Ordinance No. 7,866-N.S. Page 1 of 1
ORDINANCE NO. 7,866-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.

At a regular meeting of the Council of the City of Berkeley held on June 13, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Bartlett and Arreguin.

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Ordinance No. 7,867-N.S. Page 1 of 1
ORDINANCE NO. 7,867-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.

At a regular meeting of the Council of the City of Berkeley held on June 13, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Bartlett and Arreguin.

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Ordinance No. 7,868-N.S. Page 1 of 1
ORDINANCE NO. 7,868-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.

At a regular meeting of the Council of the City of Berkeley held on June 13, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Bartlett and Arreguin.

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Ordinance No. 7,869-N.S. Page 1 of 1
ORDINANCE NO. 7,869-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.

At a regular meeting of the Council of the City of Berkeley held on June 13, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Bartlett and Arreguin.

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Ordinance No. 7,870-N.S. Page 1 of 1
ORDINANCE NO. 7,870-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.

At a regular meeting of the Council of the City of Berkeley held on June 13, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Bartlett and Arreguin.

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Ordinance No. 7,871-N.S. Page 1 of 1
ORDINANCE NO. 7,871- 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.

At a regular meeting of the Council of the City of Berkeley held on June 13, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Bartlett and Arreguin.

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Ordinance No. 7,872-N.S. Page 1 of 1
ORDINANCE NO. 7,872-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.

At a regular meeting of the Council of the City of Berkeley held on June 13, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Bartlett and Arreguin.

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Ordinance No. 7,873-N.S. Page 1 of 1
ORDINANCE NO. 7,873-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.

At a regular meeting of the Council of the City of Berkeley held on June 13, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Bartlett and Arreguin.

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Ordinance No. 7,874-N.S. Page 1 of 1
ORDINANCE NO. 7,874-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.

At a regular meeting of the Council of the City of Berkeley held on June 13, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Bartlett and Arreguin.

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Ordinance No. 7,875-N.S. Page 1 of 4

ORDINANCE NO. 7,875–N.S.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 2.12: BERKELEY ELECTION

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

Section 1. That Berkeley Municipal Code Section 2.12.095 is amended to read as follows:

2.12.095 Committee
"Committee" means any person or combination of persons that directly or indirectly receives contributions which total more than one thousand dollars in a calendar year or makes expenditures exceeding more than one thousand dollars in a calendar year for the purpose of influencing or attempting to influence the action of voters for or against the nomination or election of one or more candidates, or the passage or defeat of any measure, including any committee or subcommittee of a political party.

Section 2. That Berkeley Municipal Code Section 2.12.168 is amended to read as follows:

2.12.168 Qualifying period.
"Qualifying period" means the period beginning on the day after the date of the most recent general election for the specific office or seat that a candidate is seeking and ending at the close of regular business hours, 14 days before the date of the election for which the candidate is seeking office.

Section 3. That Berkeley Municipal Code Section 2.12.255 is amended to read as follows:

2.12.255 Statement of organization--Committee required to file.

A. Subject to the exception in Section 2.12.255(B), every committee under Section

2.12.095 of this chapter shall file with the City Clerk a statement of organization, as defined in Government Code Section 84101 et. seq., or its successors, within ten days after qualifying as a committee pursuant to Section 2.12.095.

B. Every committee that qualifies during the period between the closing date of the last pre-election statement and the election shall file with the City Clerk, by hand delivery or by such means as the commission may prescribe, a statement of organization no later than the close of the next business day.

C. The date on which a committee qualified, and not the date on which the committee filed its statement of organization, shall determine the committee’s obligation to file the campaign statements and late contribution reports required by this chapter. All committees, whether qualified before or after the date of the final pre-election statement, but before the date of an election, are subject to late contribution reporting requirements.

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Ordinance No. 7,875-N.S. Page 2 of 4

Section 4. That Berkeley Municipal Code Section 2.12.260 is repealed.

2.12.260 Repealed.

Section 5. That Berkeley Municipal Code Section 2.12.265 is repealed.

2.12.265 Repealed.

Section 6. That Berkeley Municipal Code Section 2.12.505.H is amended to read as follows:

H.
1). Unspent campaign funds of any Participating Candidate who does not qualify as a candidate for the ballot at the election for which the funds were distributed, up to the total amount of funds that the participating candidate received as Fair Election Funds distributions in that election cycle and after accounting for campaign debts and expenditures, must be returned to the City no later than the date of the election for which the funds were distributed. All funds returned under this paragraph must be accompanied by any required supporting documentation. In such cases, the participating candidate must return the unspent funds to the City, up to the total amount of funds that the participating candidate received as Fair Election Funds distributions, prior to refunding any contributions to individual contributors. 2). Any campaign funds that remain unspent by a Participating Candidate following the date of the election for which they were distributed, up to the total amount of funds that the Participating Candidate received as Fair Elections Funds distributions in that elections cycle and after accounting for campaign debts and expenditures, must be returned to the City, within sixty (60) days after the date of the election. All funds returned under this paragraph must be accompanied by any required supporting documentation.
3). All unspent campaign funds returned to the City shall be deposited in the Fair Elections Fund pursuant to the City Charter.
4). The City Clerk shall immediately refer to the Commission for enforcement any participating candidate who does not return unspent funds as required by this subsection.
5).After the deadline to return unspent funds in 2.12.505.H.2, a participating candidate may continue to raise funds in accordance with Article 8 of Chapter 2.12 to pay campaign-related debt from the most recent election. Any such contributions received shall not be eligible for matching funds.

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Ordinance No. 7,875-N.S. Page 3 of 4

Section 7. That Berkeley Municipal Code Section 2.12.505.J is added to read as follows:

J. Requests for matching funds may be submitted no later than 30 days after Election Day for the election at which the participating candidate qualified as a candidate.

Section 8. That Berkeley Municipal Code Section 2.12.505.K is added to read as follows:

K. Upon approval of a participating candidate’s Initial Qualifying Request, the candidate is prohibited from withdrawing from the Public Financing Program and receiving contributions pursuant to Section 2.12.415 for the same office at the same election for which they are a participating candidate.

Section 9. That Berkeley Municipal Code Section 2.12.507 is added to read as follows:

2.12.507 Return of Contributions by Participating Candidates A. Notwithstanding the requirements in Section 2.12.505.H.1, if a participating candidate returns a qualified contribution for which they have requested and received matching funds, they must immediately return all said matching funds to the City.

B. Notwithstanding the requirements in Section 2.12.505.H.1, a participating candidate may return a non-qualified contribution to the contributor at any time without triggering any requirement that they return matching funds.

Section 10. That Berkeley Municipal Code Section 2.12.510 is amended to read as follows:

2.12.510 Candidate statement notice.

A candidate certified as a Fair Elections program participant shall be identified as such by a notice prominently posted on the City website.

Section 11. That Berkeley Municipal Code Section 2.12.545 is amended to read as follows:

2.12.545 Cost of living adjustments.

The Commission shall adjust the dollar amounts specified in Sections 2.12.167,

2.12.500.A.3, 2.12.500.A.6, 2.12.500.A.7, 2.12.500.A.8, 2.12.505.B and 2.12.530.B.3.b for cost of living changes pursuant to Section 2.12.075 in January of every odd-numbered year following Council implementation. Such adjustments shall be rounded to the nearest ten dollars ($10) with respect to Sections 2.12.167, 2.12.500.A.3 and 2.12.530.B.3.b and one thousand dollars ($1,000) with respect to Section 2.12.505.B.

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Ordinance No. 7,875-N.S. Page 4 of 4

Section 12. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on June 13, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

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Ordinance No. 7,876-N.S. Page 1 of 9
ORDINANCE NO. 7,876-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, 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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Ordinance No. 7,876-N.S. Page 2 of 9
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 ended the statewide COVID-19 State of Emergency on February 28, 2023. President Joe Biden has ended the nationwide COVID-19 State of Emergency on May 11, 2023.

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Ordinance No. 7,876-N.S. Page 3 of 9
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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Ordinance No. 7,876-N.S. Page 4 of 9
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. A tenant who asserts a Covered Reason for Delayed Payment during the Transition Period shall provide landlord all required documentation 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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Ordinance No. 7,876-N.S. Page 5 of 9
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, but 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 on or before the earlier of (1) forty-five (45) days after the request was made or 2) the fifth day before the date set for trial of any Unlawful Detainer action 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

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Ordinance No. 7,876-N.S. Page 6 of 9
California 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 both the Covered Period and the Transition 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 either (1) during the Covered Period or (2) during the Transition Period where the tenant establishes a Covered Reason for Delayed Payment.

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 rent in dispute accrued during the Transition Period and the tenant establishes a Covered Reason for Delayed Payment, 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 (1) nonpayment of rent during the Covered Period; or (2) nonpayment of rent during the Transition Period where the tenant establishes a Covered Reason for Delayed Payment.

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Ordinance No. 7,876-N.S. Page 7 of 9
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 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.

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Ordinance No. 7,876-N.S. Page 8 of 9
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).

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.

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Ordinance No. 7,876-N.S. Page 9 of 9
At a regular meeting of the Council of the City of Berkeley held on June 13, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: Humbert.

Abstain: Kesarwani and Wengraf.

Absent: None.

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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 27, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of May1 (Closed), May 2 (Special), May 8 (Closed), May 9 (Regular), May 15 (Closed), May 16 (Special and Special WS) and May 23 (Special and Regular).

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

1. May 1, 2023 - Closed Council Meeting

2. May 2, 2023 – Special Council Meeting

3. May 8, 2023 – Closed Council Meeting

4. May 9, 2023 – Regular Council Meeting

5. May 15, 2023 – Closed Council Meeting

6. May 16, 2023 – Special Council Meeting

7. May 16, 2023 – Special (WS) Council Meeting

8. May 23, 2023 – Special Council Meeting

9. May 23, 2023 – Regular Council Meeting

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Monday, May 1, 2023 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
MONDAY, MAY 1, 2023
3:00 P.M.

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

JESSE ARREGUIN, MAYOR
Councilmembers:

For in-person attendees, face coverings or masks that cover both the nose and the mouth are encouraged.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1611791416. 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: 161 179 1416. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Attachment 1

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Monday, May 1, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 3:10 p.m.

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

Absent: Kesarwani
Councilmember Kesarwani present at 3:13 p.m.

Public Comment - Limited to items on this agenda only – 1 speaker CLOSED SESSION:

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

1. 1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
a. Stachl v. City of Berkeley, Alameda County Superior Court Case Number RG20074265 Action: M/S/C (Arreguin/Robinson) to approve a settlement in the matter of Stachl v. City of Berkeley, Alameda County Superior Court Case No. RG20074265, in the amount of $125,000 in exchange for a release of all claims against the City.

Vote: All Ayes.

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(3):
a. Significant exposure to litigation; see April 22, 2023 letter from David H. Blackwell on behalf of Mevlanarumi LLC, owners of 2023-25 Shattuck Ave., attached as required by Fowler v. City of Lafayette, 46 Cal. App. 5th 360 (2020)
Action: No reportable action taken.
b. Alejandres v. City of Berkeley, California Civil Rights Department Case No. #202209-18233514 Action: No reportable action taken.

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

Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F., Berkeley Fire Fighters Association, Local 1227 I.A.F.F. / Berkeley Chief Fire Officers Association; Berkeley Police Association; Public Employees Union Local 1
Action: No reportable action taken.

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Monday, May 1, 2023 MINUTES Page 3
OPEN SESSION:

The City Council met in closed session and approved a settlement in the matter of Stachl v. City of Berkeley, Alameda County Superior Court Case No.

RG20074265, in the amount of $125,000 in exchange for a release of all claims against the City.

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

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

Councilmember Harrison absent at 5:18 p.m.

Councilmember Kesarwani absent at 5:46 p.m.

Councilmember Wengraf absent at 5:51 p.m.

Councilmember Robinson absent at 5:56 p.m.

Adjourned at 6:20 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on May 1, 2023.
_________________________
Mark Numainville, City Clerk
Communications
Item #2a: CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(3):

1. Tuija Catalano, on behalf of Reuben, Junius & Rose LLP Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
 None

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Tuesday, May 2, 2023 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, May 2, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. For in- person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1612900378 . 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: 161 290 0378. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

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

Attachment 2

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Tuesday, May 2, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:12 p.m.

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

Absent: Kesarwani, Wengraf
Councilmember Kesarwani present at 6:17 p.m.

Action Calendar – New Business

1. Adding BMC Chapter 13.107, Helping Achieve Responsible Development with Healthcare and Apprenticeship Training Standards (HARD HATS) Ordinance From: Mayor Arreguin (Author)
Recommendation:

1. Adopt a first reading of an Ordinance adding Chapter 13.107 to the Berkeley Municipal Code establishing healthcare and apprenticeship standards for private development.

2. Refer the City Manager and Planning Commission if necessary to:
a. Include an analysis of the costs of these new healthcare and apprenticeship requirements on private development as part of the Housing Feasibility Study currently underway;
b. Based on the findings of the feasibility study, recommend adjustments to impact fees if needed to offset the cost of these new requirements to maintain economic feasibility of projects;
c. Bring back to the City Council proposed changes to enabling legislation to enable fee reductions if needed;
d. Consider upzoning the C-DMU Downtown Mixed-Use District zoning to allow for an increased number of taller exceptions (at or above 180 feet in height) and explore other zoning modifications to allow for additional density as a way to offset the cost of these new labor standards.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: M/S/C (Arreguin/Hahn) to accept revised materials from Mayor Arreguin on Item 1.

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

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Tuesday, May 2, 2023 MINUTES Page 3
Action: 38 speakers. M/S/C (Arreguin/Bartlett) to:

1. Adopt first reading of Ordinance No. 7,861–N.S. as revised in supplemental materials submitted at the meeting by Mayor Arreguin. Second reading scheduled for May 23, 2023.

2. Refer the City Manager and Planning Commission to:
a) Include an analysis of these new healthcare and apprenticeship requirements on private development as part of the Housing Feasibility Study currently underway and direct the City Manager expedite completion of this analysis; b) Based on the findings of the feasibility study, recommend adjustments to impact fees if needed to offset the cost of these new requirements to maintain economic feasibility of projects;
c) Bring back to the City Council proposed changes to enabling legislation to enable fee reductions if needed;
d) Explore zoning modifications to allow for additional density as a way to offset the cost of these new labor standards if needed.

3. Refer to the Fiscal Year 2024 Budget Process funding as determined necessary by the City Manager to fund the implementation of this new law, and direct the City Manager to develop an implementation plan and timeline for this new Ordinance, coordination with implementing departments, notice to applicants of the new requirements, required forms, informational materials, and notice on how optional hourly contributions to the California Apprenticeship Council are calculated to satisfy the requirements in Section 13.107.040(a).

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

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

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

Adjourned at 8:22 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on May 2, 2023.
________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None

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Tuesday, May 2, 2023 MINUTES Page 4
Supplemental Communications and Reports 2
Item #1: Adding BMC Chapter 13.107, Helping Achieve Responsible Development with Healthcare and Apprenticeship Training Standards (HARD HATS) Ordinance

1. Richard Markuson, on behalf of Pacific Advocacy Group

2. Phyllis Orick

3. Melinda Howard-Herrarte, on behalf of Sierra Club
Supplemental Communications and Reports 3
Item #1: Adding BMC Chapter 13.107, Helping Achieve Responsible Development with Healthcare and Apprenticeship Training Standards (HARD HATS) Ordinance

4. Revised material, submitted by Mayor Arreguin

5. Cora Kapenga

6. Phyllis Orrick

7. Beli Acharya, on behalf of the Construction Trades Workforce Initiative

8. Igor Tregub, on behalf of the Alameda County Democratic Party

9. Berkeley Neighbors for Housing and Climate Action

10.Denise Pinkston, on behalf of Land Use and Policy

11.Louis Mirante, on behalf of Bay Area Council

12.Kelly Elena MacDonald, on behalf of the Building and Construction Trades Council of Alameda County

13.Kelly Hammargen

14.Julia Hutton, on behalf of the Rising Sun Center for Opportunity

15.Corey Smith, on behalf of the Housing Action Coalition

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Monday, May 8, 2023 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
MONDAY, MAY 8, 2023
3:00 P.M.

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

JESSE ARREGUIN, MAYOR
Councilmembers:

For in-person attendees, face coverings or masks that cover both the nose and the mouth are encouraged.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1612609972. 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: 161 260 9972. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Attachment 3

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Monday, May 8, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 3:06 p.m.

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

Absent: Kesarwani, Taplin, Bartlett
Councilmember Taplin present at 3:23 p.m.

Public Comment - Limited to items on this agenda only – 1 speaker CLOSED SESSION:

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

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

Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

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

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

Adjourned at 4:00 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on May 8, 2023.
________________________
Mark Numainville, City Clerk

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Monday, May 8, 2023 MINUTES Page 3
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.

Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
 None

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Tuesday, May 9, 2023 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, May 9, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. For in- person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1603158470. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 315 8470. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

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

Attachment 4

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Tuesday, May 9, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:07 p.m.

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

Absent: Kesarwani, Arreguin
Councilmember Kesarwani present at 6:17 p.m.

Mayor Arreguin present at 6:38 p.m.

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

Ceremonial Matters:

1. Recognition of Affordable Housing Month – May 2023
City Manager Comments: None
Public Comment on Non-Agenda Matters: 10 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 19 speakers.

Action: M/S/C (Hahn/Robinson) to add an urgent item to the agenda regarding a new $200,000 financial allocation to the Eviction Defense Center.

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

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

Vote: All Ayes.

Recess 7:37 p.m. – 8:00 p.m.

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Tuesday, May 9, 2023 MINUTES Page 3
Urgent Item: Increase Funding to Housing Retention Program Contract From: Mayor Jesse Arreguín
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to:

1. Allocate an additional $200,000 to the Housing Retention Program from the Measure P General Fund balance;

2. Amend the current contract with the Eviction Defense Center (EDC) (No. 32100023) by $200,000 for rent debt or other expenses that would enable applicants to retain housing; and

3. Amend Item #3 Amendment: FY2023 Annual Appropriations Ordinance on tonight’s (May 9, 2023) Council agenda to increase the re-appropriation of committed FY 2022 funding totals by $200,000 to reflect $27,940,780 gross and $29,658,924 net.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Councilmembers Hahn and Robinson, and Vice-Mayor Bartlett added as co-sponsors. Adopted Resolution No. 70,796–N.S.

1. Proposition 218 Procedures and Five Year Zero Waste Rate Schedule From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,860-N.S. amending Berkeley Municipal Code Section 12.38.090 to clarify that General Funds may be used to subsidize low income residents.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted second reading of Ordinance No. 7,860–N.S.

2. Waiver of Sanctuary City Ordinance to Amend Westlaw Subscription From: City Manager
Recommendation: Adopt a Resolution waiving the contract prohibition of Chapter

13.105, Sanctuary City Contracting, in order to amend the City Attorney’s Office subscription to Westlaw to include case calendaring capabilities.

Financial Implications: See report
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,797–N.S.

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3. Amendment: FY 2023 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt the first reading of an Ordinance amending the FY 2023 Annual Appropriations Ordinance No. 7,851–N.S. for fiscal year 2023 based upon recommended re-appropriation of committed FY 2022 funding and other adjustments in the amount of $27,740,780 (gross) and $29,458,924 (net).

Financial Implications: See Council Report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Adopted first reading of Ordinance No. 7,862–N.S. amended to include the $200,000 allocation for the Eviction Defense Center adopted in the Urgent Item.

Second reading scheduled for May 23, 2023.

4. Appointment of the Fire Chief
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of David Sprague-Livingston as the Fire Chief to be effective May 14, 2023, at an annual base salary of $268,320.00.

Financial Implications: See report
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000 Action: Adopted Resolution No. 70,798–N.S.

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5. Appointment of the Police Chief
From: City Manager
Recommendation: Adopt a Resolution confirming the appointment of Jennifer Louis as the Police Chief to be effective May 14, 2023 at an annual base salary of $301,820.48.

Financial Implications: See report
Contact: Dee Williams-Ridley, City Manager, (510) 981-7000 Recess 8:57 p.m. – 9:05 p.m.

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

Vote: All Ayes.

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

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

Action: M/S/Failed (Humbert/Kesarwani) to call for the previous question.

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

Action: M/S/Failed (Harrison/Bartlett) to continue the appointment of the Police Chief to July 25, 2023 or an earlier special meeting date.

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

Action: Moved to Action Calendar. 65 speakers. M/S/Carried (Humbert/Wengraf) to adopt Resolution No. 70,799–N.S. confirming the appointment of Jennifer Louis as the Police Chief to be effective May 14, 2023 at an annual base salary of $301,820.48.

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

6. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on May 9, 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 - $7,305,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Councilmember Hahn noted her abstention regarding the Willard Clubhouse funding. Approved recommendation.

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7. 2023 Local Housing Trust Fund Application
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept funds from the State of California's Local Housing Trust Fund program, in an amount not to exceed $5,000,000 and to apply such funds to the City's existing funding reservations for St. Paul Terrace (2024 Ashby Avenue) via the City's Housing Trust Fund program.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,800–N.S.

8. Contract No. 31900263 Amendment: Rebuilding Together East Bay-North Contract Continuation Recommendation
From: City Manager
Recommendation: Adopt a Resolution: 1. Providing Rebuilding Together East Bay- North’s Safe at Home and Community Facility Improvement programs; General Funds for Fiscal Year (FY) 2024 in the amounts of $98,275 for the Safe at Home Program and $24,575 for Community Facility Improvement, for a total amount of $122,850; and 2. Authorizing the City Manager to enter into any agreements or amendments to effectuate this action, including an amendment to Contract No. 31900263 with Rebuilding Together East Bay-North, for an amended amount not to exceed $614,250 and extending the contract term to June 30, 2024.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,801–N.S.

9. Contract: Optimas Services, Inc. for Consulting Services Related to Mental Health Medi-Cal Billing and the CalAIM Initiative
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract and any amendments with Optimas Services, Inc. for an amount not to exceed $75,000 for consulting services related to Medi-Cal billing and the CalAIM Initiative.

Financial Implications: Various Funds - $75,000
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,802–N.S.

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10. Contract No. 32300108 Amendment: Street Level Advisors, LLC for Housing Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300108 with Street Level Advisors, LLC increasing the contract by $50,000 for consulting services in a total amount not to exceed $99,500, with a contract end date of June 30, 2024.

Financial Implications: General Fund -$50,000
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,803–N.S.

11. Contract: Pacific Site Management: Landscaping Services for Health, Housing, and Community Services Department
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract, and any amendments or extensions, with Pacific Site Landscaping. The contract will be in an amount not to exceed $110,000 for the period July 1, 2023 through June 30, 2026.

Financial Implications: General Fund - $110,000
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,804–N.S.

12. Contract: Resource Development Associates: Consultation Services for the Implementation of Results Based Accountability Framework From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract, and any amendments or extensions, with Resource Development Associates (RDA) for consultation services to support implementation of a program assessment and planning initiative across all of the Department of Health, Housing, and Community Services (HHCS) Divisions. The contract will be in an amount not to exceed $380,000 for the period July 1, 2023 through June 30, 2025.

Financial Implications: Various Funds - $380,000
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,805–N.S.

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13. Contract: Hansine Fisher & Associates for Targeted Case Management and Medi-Cal Administrative Activities Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract, and any amendments or extensions, with Hansine Fisher and Associates for Targeted Case Management (TCM) consulting services.

The contract will be in an amount not to exceed $100,000 for the period July 1, 2023 through June 30, 2024.

Financial Implications: Target Case Mgmt/Linkages Fund - $100,000 Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,806–N.S.

14. Revenue Grant Agreements: Funding Support from Essential Access Health to Conduct Public Health Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to Essential Access Health, to accept the grant, execute any resultant revenue agreement and amendment, and implement the projects and appropriation of funding for related expenses to conduct public health promotion, protection, and prevention services for the Essential Access Health revenue agreement in the projected amount of $180,000 for April 1, 2023 to March 30, 2024.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,807–N.S.

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15. Revenue Grant Agreements: Funding Support from the State of California to Conduct Public Health Services
From: City Manager
Recommendation: Adopt seven Resolutions authorizing the City Manager or her designee to submit grant agreements to the State of California, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following five revenue agreements:

1. Child Health and Disability Prevention (CHDP) Program, which includes Early Periodic Screening, Diagnosis, and Treatment (EPSDT) and Health Care Program for Children in Foster Care (HCPCFC), in the projected amount of $303,709 for FY 2024.

2. Maternal, Child and Adolescent Health (MCAH) Program in the projected amount of $375,000 for FY 2024.

3. Tobacco Trust Fund: There is no match required and this contract is expected to be for $300,000 in FY 2024.

4. Immunization Program in the projected amount of $1,368,080 FY 2023 through FY 2027.

5. Public Health Emergency Preparedness/Pandemic Flu/Cities Readiness Initiative (CRI) Program in the projected amount of $1,368,080 for FY 2023 through FY 2027.

6. Childhood Lead Poisoning Prevention Program (CLPPP) in the projected allocation of $107,374 per year for FY 2024 through FY 2026 with a total amount of $322,123

7. CalFresh Health Living (CFHL) Program in the projected amount of $487,170 for FY 2024 through FY 2027.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,808–N.S. (CHDP), Resolution No. 70,809–N.S. (MCAH), Resolution No. 70,810–N.S. (Tobacco), Resolution No. 70,811–N.S. (Immunization), Resolution No. 70,812–N.S. (Public Health), Resolution No. 70,813– N.S. (Lead), Resolution No. 70,814–N.S. (CFHL).

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16. Revenue Grant Agreements: Funding Support from Alameda County to Conduct Public Health Services
From: City Manager
Recommendation: Adopt four Resolutions authorizing the City Manager or her designee to submit grant agreements to Alameda County, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion, protection, and prevention services for the following four revenue agreements:

1. Foster Care Program in the projected amount of $96,500 for Fiscal Year 2024.

2. Berkeley High School and Berkeley Technology Academy Health Center Programs in the projected amount of $181,208 for Fiscal Year 2024.

3. School Linked Health Services Program (Measure A Funding) in the projected amount of $200,011 for Fiscal Year 2024.

4. Tobacco Prevention Program in the projected amount of $78,960 for Fiscal Year 2024.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,815–N.S. (Foster Care), Resolution No. 70,816– N.S. (Berkeley High), Resolution No. 70,817–N.S. (School Linked), Resolution No. 70,818–N.S. (Tobacco).

17. Accept California Strengthening Public Health Initiative Funds from the State of California
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to accept grant funds and to execute any resultant revenue agreement, any amendments, and extensions from the California Department of Public Health’s (CDPH) Strengthening Public Health Initiative in the projected amount of $650,928.

This funding is to be utilized from December 1, 2022 through November 30, 2027.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,819–N.S.

18. Establish Classification and Salary: Electrical Supervisor and Communications Supervisor
From: City Manager
Recommendation: Adopt two Resolutions:

1. Establishing the represented classification of Electrical Supervisor with a monthly salary range of $9,666.8000 - $10,882.1055 effective May 9, 2023.

2. Establishing the represented classification of Communications Supervisor with a monthly salary range of $9,666.8000 - $10,882.1055 effective May 9, 2023.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,820–N.S. (Electrical Supervisor), Resolution No. 70,821–N.S. (Communications Supervisor).

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19. Donation: Memorial Bench at Mortar Rock Park in memory of Charles D. Sooy From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Mortar Rock Park in memory of Charles D. Sooy.

Financial Implications: $3,400 (revenue)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,822–N.S.

20. Amendments to Contract No. 32100138 with AnchorCM, and Contract No. 32100144 with Park Engineering, Inc. for On-Call Waterfront Project and Construction Management Services
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to execute amendments to Contract No. 32100138 with AnchorCM, and Contract No. 32100144 with Park Engineering, Inc., for on-call waterfront project and construction management Services by increasing the contract amount by $1,000,000 and duration by twelve months each, from June 30, 2024 through June 30, 2025, for a total not-to-exceed amount of $2,000,000 each.

Financial Implications: Various Funds - $2,000,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,823–N.S. (AnchorCM), Resolution No. 70,824– N.S. (Park Engineering).

21. Contract: Elavon, Inc. for Online Credit Card Payment Processing Transaction Services for the Recreation Division’s Online Registration System From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Elavon for online credit card payment processing transaction services for the Recreation Division’s online registration system, for an amount not to exceed $360,000 for the term commencing on or about June 1, 2023, through May 31, 2027.

Financial Implications: Various Funds - $360,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,825–N.S.

22. Contract No. 32200098 Amendment: ERA Construction, Inc. for the O&K Docks Electrical Upgrade Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32200098 with ERA Construction, Inc. for the O&K Docks Electrical Upgrade Project by adding $138,000 for a total not-to-exceed contract amount of $1,338,000.

Financial Implications: CIP Fund - $1,338,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,826–N.S.

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23. Agreement: East Bay Municipal Utility District for Sewer Service Billing and Collection
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a sole source agreement and any necessary amendments with the East Bay Municipal Utility District for sewer service billing and collection for the period July 1, 2023 to June 30, 2033, for an amount not to exceed $6.1 million.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,827–N.S.

24. Contract No. 32000180 Amendment: Missionmark for Audit Management and Recommendation Tracking Software
From: Auditor
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000180 with Missionmark for audit management and recommendation tracking software, increasing the amount by $100,000 for a total amount not to exceed $124,000 and extending the contract term to May 30, 2027.

Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Adopted Resolution No. 70,828–N.S.

25. Approval of Additional Disaster and Fire Safety Commission Meeting From: Disaster and Fire Safety Commission
Recommendation: Adopt a Resolution approving the request from the Disaster and Fire Safety Commission to hold one additional meeting in calendar year 2023.

Financial Implications: See report
Contact: Keith May, Commission Secretary, (510) 981-3473 Action: Adopted Resolution No. 70,829–N.S.

Action Calendar – Public Hearing

26. FY 2024 Proposed Budget Update and FY 2024 Proposed Budget Update Public Hearing #1
From: City Manager
Recommendation: Accept the FY 2024 Proposed Budget Update for review and consideration by the City Council and conduct Public Hearing #1 on the FY 2024 Proposed Budget Update.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: M/S/C (Arreguin/Harrison) to reschedule the budget public hearing to a special meeting on May 16, 2023 at 4:00 p.m. including supplemental material submitted by the City Manager’s Office.

Vote: All Ayes.

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27. Submission of the PY 2023 (FY 2024) Annual Action Plan Containing Allocations of Federal Funds
From: City Manager
Recommendation: Conduct a public hearing on the federal Program Year (PY) 2023, City Fiscal Year (FY) 2024, Annual Action Plan (AAP) for federal Housing and Urban Development Department (HUD) funds, including the allocation of federal funding for community agencies, and upon conclusion, adopt a Resolution: 1.

Approving proposed funding allocations under the PY 2023 Community Development Block Grant (CDBG), Emergency Solutions Grant (ESG), and Home Investment Partnerships Program (HOME); and 2. Authorizing the execution of resultant agreements and amendments with community agencies for the above-mentioned funds; and 3. Allocating 10% for HOME program administration, up to 5% to support Community Housing Development Organization (CHDO) operations, and the remaining (approximately 85%) of the PY 2023 HOME funds to the Housing Trust Fund; and 4. Allocating 20% of the PY 2023 CDBG funds to Planning and Administration, up to 17.83% for public services, and the remaining to be distributed to Housing Services and Public Facility Improvements as outlined in Exhibit A with the Public Facility Improvements being a flexible line item should the HUD allocation, program income, or earlier unused funds, be more or less than estimated; and 5.

Allocating the allowable 7.5% of the PY 2023 ESG to Administration, $6,676 to the HMIS system, up to the allowable 60% to emergency shelter/street outreach, and the remaining amount to Rapid Rehousing as outlined in Exhibit A to the report, and 6.

Authorizing staff to finalize the PY 2023 Annual Action Plan for submission to the U.S. Department of Housing and Urban Development, including the planned expenditures of HUD funds, required HUD application forms and certifications, and all other HUD-required information, and; 7. Authorizing the City Manager to execute and submit all documents necessary to receive the City’s entitlement grants under the CDBG, ESG, and HOME Programs.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Public Testimony: The Mayor opened the public hearing. 2 speakers.

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

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

Councilmember Harrison absent at 11:21 p.m.

Action: M/S/C (Arreguin/Robinson) to adopt Resolution No. 70,830–N.S.

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

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28. Resolution of Intention to Amend the Miscellaneous CalPERS Contract to Effectuate PEPRA Cost Sharing Agreements
From: City Manager
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 No. 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.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: 1 speaker. M/S/C (Arreguin/Robinson) to:

1. Adopt Resolution No. 70,831–N.S.

2. Adopt first reading of Ordinance No. 7,863–N.S. Second reading scheduled for May 23, 2023.

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

Information Reports

29. FY 2023 Second Quarter Investment Report: Ended December 31, 2022 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Received and filed.

30. Annual Report on the Ronald V. Dellums Fair Chance Access to Housing Ordinance
From: City Manager
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Received and filed.

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31. LPO NOD: 1919 Addison Street, #LMSAP2022-0012
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

32. LPO NOD: 0 Center Street – Civic Center Park, #LMSAP2023-0001 From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

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

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

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

Adjourned at 11:29 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on May 9, 2023.
________________________
Mark Numainville, City Clerk
Communications
Item #5: Appointment of the Police Chief

1. April Gilbert
Rampant Crime in Berkeley

2. Kimberly Damer

3. Dee Williams-Ridley

4. Rika Yamamoto

5. Alene Griffin

6. Nidhi Bhatnagar

7. Colleen Aitken

8. Li Kelty

9. Alan Jencks

10.Robin Kibby
UA Theater

11.Jennifer Renzi

12.Warren Long

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13.Anthony Verruso

14.Kurt Landisman

15.Spreck Rosekrans

16.Wendy Stock
Golden Gate Fields

17.Christopher Kroll

18.Melanie Lawrence

19.Helen Cameron

20.Lisa Fitch
Vision Zero for San Pablo Avenue

21.Benjamin Fry

22.Kevin Burke
Recycling Programs

23.David Lerman

24.Martin Bourque
Bike Lanes for 1307 Dwight Way

25.Laurel and Ben Kuchinsky (2)
Parking Restrictions at James Kenney Community Center

26.Johsua Buchin
Berkeley Animal Care Services

27.Kristen Anderson

28.Leslie Smith
Porta Potties at People’s Park

29.Nancy Schimmel

30.Summer Brenner

31.Wynd Kaufmyn
Loud Music at The Tap In Lounge – 2012 Shattuck Avenue

32.Keiti Hashimero
Protect our Sacred Ohlone Sites

33.Susan Nunes Fadley
Invitation to Berkeley High School U9 Climate Conference

34.Zia Grossman-Vendrillo
Lack of Communications – City Services

35.Scott Schwalbach
Berkeley Waterfront

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36.Jack Kurzweil
Homelessness

37.Thom Lauret
Build, Build, Build Mentality

38.Barbara Gilbert
Solar Lights Requested at UC Berkeley Along Bancroft

39.Sandy Shaw Friedman
Impending Foxtail Disaster

40.Chelonii11059@
City of Berkeley Requirement Increases Cancer Among Residents

41.Daniel Auten
Step Up Housing Memo

42.Lisa Warhuss, Director of Health, Housing and Community Services (HHCS) Traffic Safety on Francisco Street between Sacramento and MLK Jr. Way

43.David Lerman
2920 Shattuck

44.Larisa Cummings (2)

45.Sharon Gong
Support Budget Referral for Berkeley’s Paths

46.Jen Bilik
Berkeley Ceasefire Program/Racial Profiling

47.Elana Auerbach (2)
Berkeley Police Surveillance Ordinance Policies Related to Unmanned Aerial Systems

48.Hansel Aguilar
Delays in Berkeley Police ODPA Work Production

49.Hansel Aguilar
Annual Report for Berkeley Police Equipment and Community Safety Ordinance

50.Hansel Aguilar
Natural Gas Stoves

51.John Jones

52.Tom Hanson

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The YIMBY’s and 50-Story Tower

53.Zelda Bronstein
Crosswalk at 6th and Addison

54.Eric Wiesner
Psychedelics Decriminalization

55.Esi Mathis
Support for African American Holistic Resource Center

56.Moni Law
In Support of The Center for Independent Living

57.Mary Behm-Steinberg, Chair of Human Welfare and Community Action Commission Small Business Fees and Fines

58.Walter Wood
Hopkins Corridor

59.Ben Gould, Chairperson for Environmental and Climate Commission

60.Janet Jacobson-Weiss

61.Damon Guthrie

62.Marc Hedlund (2)

63.Kevin Powell

64.Eileen Hughes

65.Save Hopkins

66.Bob Flasher

67.Andrew Brozyna

68.Norma Guzman

69.Jay Sayre

70.Mario Aranha

71.Deborah Georges

72.Sandra and Tim Easley

73.Henry Pinkard

74.Susan Taylor

75.Renate Crocker

76.Paul Mileck

77.Ann Danforth

78.Mary Staats

79.Friends of Five Creeks

80.George Porter

81.Kaylene Stocking

82.Susan Taylor

83.Laura Atkins

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Tuesday, May 9, 2023 MINUTES Page 19

84.Renetia Martin

85.Isobel White

86.Arlene Owseichik

87.Mitch Varhula

88.Steve Sperber

89.Margot Smith

90.Brandon Brodt

91.Elsie Wong

92.Julie Wong

93.Ben Gerhardstein (3)

94.Larry Goldman

95.David Sprague, Interim Fire Chief

96.Dorothea Dorenz

97.Byron Barrett

98.Kelly Hammargren

99.Alex Takaoka
100. Jane Diamond
101. S. Entwistle
102. Tom Mysz
103. Carol Sawdey
104. Meg Holm
105. David Gilbert
106. Ken Frankel
107. J. Brodsky
108. Bob Muzzy
109. Alan Pearson
110. Ann Rogers
111. Stephen Woodrow
112. Susan Griffin
113. Meri Issel
114. Howard Winet
115. Cherie Hearne
116. Helen Toy
117. Bobin Kibby
118. Bill Pottinger
119. Marty Rosenthal
120. Mimi Sternberg
121. Josephine Perry
122. Dee Williams-Ridley, City Manager
123. Laurel Denyer
124. Deborah Shaw
125. Leni Siegel
126. Diana Bohn
127. Dave Stark
128. Julia Moss
129. Ross Bernet

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Tuesday, May 9, 2023 MINUTES Page 20
130. Ben Gerhardstein
131. Save Hopkins
132. Warren Wells
133. Andrew Little
134. Ethan Bodle
135. Helena Worthen
136. Jeremy Townsend
137. Adam Moss
138. Friends of Five Creeks
139. Kristiane Skolmen
140. Jeff Habicht
141. Rebecca Meyer
142. Rob Schwartz
143. Stewart Smith
144. Steven Wang
145. Jenna Fahle
146. Tatiana Guerreiro Ramos
147. Linda
148. Pat Hill
149. Julie Bussgang
150. Ben Thomas
151. Rosemary Clark
152. Betty Seto
153. Elise Fortin
154. Adrian
155. Em Holmes
156. Save Hopkins
157. Sarah Lefton
158. Laura Fujii
159. Emily Huston
160. Todd Andrew
161. Jenny Johnston
162. Lucas Cantor
163. Byron Barrett
164. Kathy Kosinski
165. Andrew Judd
166. Andy Peterson
167. Save Hopkins
Supplemental Communications and Reports 1
Item #1: Proposition 218 Procedures and Five Year Zero Waste Rate Schedule 168. Chrise de Tournay
Item #5: Appointment of the Police Chief
169. Michael Weber
170. Gael Alcock

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Tuesday, May 9, 2023 MINUTES Page 21
171. John Caner, on behalf of the Downtown Berkeley Association 172. John Parman
173. Arvind Melwani
174. Linda Spindler
175. Geoff
176. Allyson Arons
177. Kiran Raikar
178. Tracee Farrell
179. Satina Chiu
180. Sagar Jethani
181. Lisa Mott
182. Megan Heerding
183. Jenny Ni
184. Arvinder Bains
185. Sonia Gupta
186. Ashok Goyal
187. Any Wu
188. Elizabeth Areiza
Supplemental Communications and Reports 2
Item #5: Appointment of the Police Chief
189. Lisa Mirkovic
190. Grace Hartman
191. Paul Rickey
192. Rita Zobayan
193. Steve Choe
194. Gay and Alan Auerbach
195. Ginger Ogle
196. Ron Kelly
197. Shana Fruman
198. Elana Auerbach
199. Elle Kim
200. Andrew Fox
201. Marjorie Winter
202. Audrey Richards
203. Bob Flasher
204. Laura Louis
205. Ted Obbard
206. Ingrid Safranek
207. Shannon Curtis
208. Summer Brenner
209. Karen Bowen
210. Janice Schroeder
211. Jill McIntire
212. Tamara Gurin
213. Linda Laskowski

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Tuesday, May 9, 2023 MINUTES Page 22
214. Jonathan Khuner
215. Stefano DellaVigna
216. Rachel Bradley
217. Barbara Lewis
218. Oren Leiman
219. Rachel Biale
220. Linda Schacht
221. Charlie Bowen
222. Susie Medak
223. Nancy Lemon
224. Colleen Busch
225. Richard Hackenberg
226. Elizabeth Shaughnessy
227. Mark Ferrari
228. Juli Dickey
229. Chris McKee
230. Lynne Clenfield
231. Ellen Archilla and Jacques Watteyne
232. Henry DeNero
233. Charlotte Ferrey
234. Deborah and David Kirshman
235. Susan Brand
236. Janine Jacobson
237. Suzanne McKee
238. Dennis Mulqueeney
239. Laura Louis
240. Henry DeNero, on behalf of The Hillside Association of Berkley 241. Susan Nunes Fadley
242. Jose Vilar
243. Allan Fix
244. Joan Guilford
245. Elizabeth Shun
246. Shirley Issel
247. JT Nelson
248. Jo Ann Driscoll
249. Nathan Mizell
250. Catherin Cavette
251. Richard Boyden
252. Elizabeth Ferguson
253. Sylvia
254. Michael McGowan
255. Amy Loebl
256. Jen Bush
257. Kelly Hammargren
258. Esther Brass-Chorin
259. Bryan Graham

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Tuesday, May 9, 2023 MINUTES Page 23
260. Lisa Brenneis
261. Louis Fox and Nashua Kalil
262. Mike Lonergan
263. Bob Dixon
264. Betty Seto
265. Mary Ann Meany and Donald Santos
266. Rod Gutierrez
267. Tobey Wiebe
268. Sally Nelson
269. Charlene Woodcock
270. Naomi Pearce
271. Berkeley Police Association
272. John Caner, on behalf of the Downtown Berkeley Association 273. Lorraine Mahley
274. Sondra Schlesinger
275. Kitt Saginor
276. Diane Kanegae
277. Cecilia Lunaparra
278. Barry Fike
279. Meghan Schwartz
280. Rivka Polatnick
281. Janice Schroeder
282. 72 similarly-worded form letters urging confirmation of Police Chief Louis Item #26: FY 2024 Proposed Budget Update and FY 2024 Proposed Budget Update Public Hearing #1
283. Supplemental material, submitted by the City Manager’s Office Supplemental Communications and Reports 3
Urgent Item Agenda Material
Increase Funding to Housing Retention Program Contract
284. Mayor Arreguin
Item #4: Appointment of the Fire Chief
285. Phyllis Orrick
286. Nancy Rader
287. Bessie Chin
Item #5: Appointment of the Police Chief
288. Carol Cohen
289. Nancy Gillette
290. Joan Grant
291. George Porter
292. Paul Lee
293. Nat Kane
294. John Caner, on behalf of the Downtown Berkeley Association

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Tuesday, May 9, 2023 MINUTES Page 24
295. Amanda Siegel
296. Linda Kanat
297. Todd Andrew
298. Cat Zavis
299. Julianna Muthu
300. Steven Goldin
301. Zipporah Collins
302. John Parman
303. Jeff Vincent
304. Lee Bishop
305. CC Andrews
306. Taline Kazandijian
307. Frances Wong
308. Inette Dishler
309. Andrea and Stan Washburn
310. Tom Lent
311. Rick and Tamie Dishnica
312. Martin and Jill Dodd
313. Guy Micco
314. Jane Martin
315. Willie Phillips
316. Stan Goldberg
317. Stasha Vlasuk Detjens
318. Patsy Slater
319. Michele Maguier
320. Ewald Detjens
321. League of Women Voters
322. Linda Olivenbaum
323. Bessie Chin
324. Andrea Prichett
325. Marc Sapir
326. Gina Rieger
327. Michael Frantz
328. Richard Ernie Mansfield
329. Bill Lutt
330. Julia Cato
331. Barbara Johnson
332. Mary Lee Smith
333. Mati Teiblum
334. Vincent Casalaina
335. Nancy Turak
336. Patrice Ignelzi
337. Alison Huetter
338. Bill Press
339. Nicole Powell
340. Cheryl Davila

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Tuesday, May 9, 2023 MINUTES Page 25
341. Sagar Jethani
342. Tatjana Radojkovic
343. Mohammed Ganijee
344. Kelly Beres
345. Keethly McNamara
346. Jim Hynes
347. Jenn Youakim
348. Elisabeth Godstein
349. Ash Goyal
350. Elke Adler
351. Julie Sternberg
352. Paul Hyde
353. Alejandra Caldera
354. Amir Koopah
355. V. Wong
356. Alice Lewicki
357. Akash Chhabra
358. Sulema Hernandez
359. Bahar Patel
360. Don Arana-Fogg
361. Tomas Balogh
362. Rodney Lambert
363. Mary Behm-Steinberg
364. Rashmi Dwivedi
365. Christa Rybczynski
366. TK Alexander
367. Susan Payne
368. Guillermo Aguilar
369. Moni Law
Miscellaneous
370. Urban Ore
371. Eid

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Monday, May 15, 2023 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
MONDAY, MAY 15, 2023
3:00 P.M.

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

JESSE ARREGUIN, MAYOR
Councilmembers:

For in-person attendees, face coverings or masks that cover both the nose and the mouth are encouraged.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1610355649. 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: 161 035 5649. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Attachment 5

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Monday, May 15, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 3:06 p.m.

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

Absent: Kesarwani, Taplin
Public Comment - Limited to items on this agenda only – 2 speakers CLOSED SESSION:

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

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
a. Alisha Gard vs. City of Berkeley, Superior Court of California, Alameda County, Case No. 23CV025176.

Action: M/S/C (Hahn/Robinson) to authorize a settlement in the matter of Alisha Gard v. City of Berkeley as proposed by staff for the amount of $82,825.

Vote: Ayes - Bartlett, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Kesarwani, Taplin.
b. California Restaurant Association v. City of Berkeley, United States Court of Appeals for the Ninth Circuit, Case No. 21-16278
Action: No reportable action taken.

2. PUBLIC EMPLOYEE PERFORMANCE EVALUATION PURSUANT TO GOVERNMENT CODE SECTION 54957(b):

a. Title of position to be evaluated: City Attorney
Action: No reportable action taken.
b. Title of position to be evaluated: Director of Police Accountability Action: No reportable action taken.

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Monday, May 15, 2023 MINUTES Page 3
OPEN SESSION:

The City Council met in closed session and took action to authorize a settlement in the matter of Alisha Gard vs. City of Berkeley, Superior Court of California, Alameda County, Case No. 23CV025176 for the amount of $82,825.

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

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

Adjourned at 5:52 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on May 15, 2023.
________________________
Mark Numainville, City Clerk

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Tuesday, May 16, 2023 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, May 16, 2023
4:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. For in- person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1608636592. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 863 6592. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

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

Attachment 6

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Tuesday, May 16, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 4:09 p.m.

Present: Bartlett, Hahn, Wengraf, Robinson, Humbert

Absent: Kesarwani, Taplin, Harrison, Arreguin
Mayor Arreguin present at 4:46 p.m.

Action Calendar – Public Hearings

1. FY 2024 Proposed Budget Update and FY 2024 Proposed Budget Update Public Hearing #1 (Continued from May 9, 2023) (Item Contains Supplemental Materials)
From: City Manager
Recommendation: Accept the FY 2024 Proposed Budget Update for review and consideration by the City Council and conduct Public Hearing #1 on the FY 2024 Proposed Budget Update.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Public Testimony: The Mayor opened the public hearing. 0 speakers.

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

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

Action: Presentation made and discussion held.

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

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

Councilmember Wengraf absent 5:28 p.m. – 5:36 p.m.

Adjourned at 5:36 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on May 16, 2023.
________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1

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Tuesday, May 16, 2023 MINUTES Page 3
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #1: FY 2024 Proposed Budget Update and FY 2024 Proposed Budget Update Public Hearing #1

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

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M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, May 16, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. For in- person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1608636592. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 863 6592. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

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

Attachment 7

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Tuesday, May 16, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:04 p.m.

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

Absent: Kesarwani, Taplin, Harrison
Action Calendar

1. Approval of the City of Berkeley Community Wildfire Protection Plan From: City Manager
Recommendation: Approve the City of Berkeley Community Wildfire Protection Plan (CWPP) as recommended by the Fire Chief.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473
Action: 2 speakers. M/S/C (Wengraf/Hahn) to adopt Resolution No. 70,832–N.S. approving the Community Wildfire Protection Plan amended to change the risk level nomenclature from “green, yellow, and red” to “moderate, very high, and extreme” respectively.

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

2. Fire Department Facilities Master Plan
From: City Manager
Contact: David Sprague, Fire, (510) 981-3473
Action: 3 speakers. Presentation made and discussion held.

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

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

Adjourned at 9:07 p.m.

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Tuesday, May 16, 2023 MINUTES Page 3
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #1: Approval of the City of Berkeley Community Wildfire Protection Plan

1. Presentation, submitted by the Fire Department
Item #2: Fire Department Facilities Master Plan

2. Presentation, submitted by the Fire Department

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Tuesday, May 23, 2023 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, May 23, 2023
4:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. For in- person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1604260018. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 426 0018. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

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

Attachment 8

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Tuesday, May 23, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 4:07 p.m.

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

Absent: Kesarwani, Taplin, Bartlett
Councilmember Taplin present at 4:11 p.m.

Councilmember Bartlett present at 4:46 p.m.

Councilmember Kesarwani present at 4:56 p.m.

Action Calendar

1. Unfunded Liability Obligations and Unfunded Infrastructure Needs (Continued from April 11, 2023.)
From: City Manager
Recommendation: That the City Council takes the following actions:

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

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

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

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: 1 speaker. M/S/C (Arreguin/Harrison) to accept the Unfunded Liability Obligations and Unfunded Infrastructure Needs report.

Vote: All Ayes.

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

Vote: All Ayes.

Adjourned at 5:39 p.m.

I hereby certify that the foregoing is a true and correct record of the special meeting held on May 23, 2023.
________________________
Mark Numainville, City Clerk
Communications
 None

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Tuesday, May 23, 2023 MINUTES Page 3
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
Item #1: Unfunded Liability Obligations and Unfunded Infrastructure Needs

1. Presentation (Pension and OPEB), submitted by the City Manager’s Office

2. Presentation (Funding Study), submitted by the City Managers’ Office

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Tuesday, May 23, 2023 MINUTES Page 1

MINUTES

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

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. For in- person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1604260018. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 426 0018 If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

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

Attachment 9

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Tuesday, May 23, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:14 p.m.

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

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

Ceremonial Matters:

1. Recognition of May as Mental Health Month
City Auditor Comments:

The City Auditor provided an update on the progress by the Police Department and Public Works Department on their audit report recommendations.

City Manager Comments: None
Public Comment on Non-Agenda Matters: 3 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 7 speakers.

Action: M/S/C (Arreguin/Hahn) to accept supplemental materials on Item 46 from Councilmember Harrison.

Vote: All Ayes.

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

Vote: All Ayes.

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

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

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted second reading of Ordinance No. 7,861–N.S.

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

First Reading Vote: All Ayes
Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Adopted second reading of Ordinance No. 7,862–N.S.

3. Resolution of Intention to Amend the Miscellaneous CalPERS Contract to Effectuate PEPRA Cost Sharing Agreements
From: Aram Kouyoumdjian, Human Resources
Recommendation: Adopt second reading of Ordinance No. 7,863-N.S. amending the City’s contract with CalPERS to effectuate changes to the cost sharing agreement between the City and PEPRA members of Service Employees International Union, Local 1021 Maintenance and Clerical (SEIU MC), SEIU Local 1021 Community Services & Part-Time Recreation Leaders Association (CSU/PTRLA), Public Employees Union Local 1 (Local 1), and the Unrepresented Employees group.

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

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted second reading of Ordinance No. 7,863–N.S.

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

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 70,833–N.S.

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

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

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

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Adopted Resolution No. 70,834–N.S.

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

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 70,835–N.S.

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

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 70,836–N.S.

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

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 70,837–N.S.

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

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 70,838–N.S.

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

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

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

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

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

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 70,839–N.S. (Atthowe); Resolution No. 70,840–N.S. (Kala); Resolution No. 70,841–N.S. (Preservation); and Resolution No. 70,842–N.S. (ShipArt).

12. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on May 23, 2023
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $1,907,987
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

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

Financial Implications: $975,000.

Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 70,843–N.S.

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

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 70,844–N.S.

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

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 70,845–N.S.

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

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 70,846–N.S.

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

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473, Peter Radu, City Manager's Office, (510) 981-7000
Action: Adopted Resolution No. 70,847–N.S. as amended in Supplemental Communications Packet #1 from the City Manager’s Office.

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

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

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

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,848–N.S. (Tuberculosis); and Resolution No. 70,849–N.S. (Public Health).

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

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,850–N.S.

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

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,851–N.S.

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

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,852–N.S.

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

Financial Implications: Various Funds - $299,710
Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 70,853–N.S.

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

Financial Implications: Various Funds - $399,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,854–N.S.

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

Financial Implications: Various Funds - $436,954
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,855–N.S.

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

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

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

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

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

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

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Approved as recommended by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee.

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

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,856–N.S.

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

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,857–N.S.

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

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

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

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

Financial Implications: See report
Contact: Billi Romain, Commission Secretary, (510) 981-7400 Action: Referred to the Budget & Finance Committee.

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

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

Financial Implications: Staff time
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,858–N.S.

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

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

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

Financial Implications: Staff time
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Councilmembers Harrison and Hahn and Vice-Mayor Bartlett added as co- sponsors. 1. Adopted Resolution No. 70,859–N.S. 2. Approved recommendation.

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

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,860–N.S.

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

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

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

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: 1. Adopted Resolution No. 70,861–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Hahn - $250; Councilmember Robinson - $250; Councilmember Wengraf - $250; Vice- Mayor Bartlett - $250; Councilmember Humbert - $200; Mayor Arreguin - $250. 2.

Adopted Resolution No. 70,862–N.S. (Co-Sponsorship).

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Approved as recommended by the Land Use, Housing, & Economic Development Committee with a correction to #5 to use the original text for #5 that does not reference commercial rent control.

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

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Council Consent Items
Tuesday, May 23, 2023 MINUTES Page 16

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

Financial Implications: Staff time
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Adopted Resolution No. 70,863–N.S.

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

Financial Implications: See report
Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Adopted Resolution No. 70,864–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Harrison - $250; Councilmember Hahn - $250; Councilmember Wengraf - $250; Vice-Mayor Bartlett - $250; Councilmember Humbert - $500; Councilmember Kesarwani - $200.

Action Calendar – Public Hearings

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

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: 2 speakers. Appeal withdrawn prior to the meeting. No action taken.

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

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

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Public Testimony: The Mayor opened the public hearing. 0 speakers.

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to adopt Resolution No. 70,865–N.S.

Vote: All Ayes.

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

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Public Testimony: The Mayor opened the public hearing. 0 speakers.

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to adopt Resolution No. 70,866–N.S.

Vote: All Ayes.

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

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Public Testimony: The Mayor opened the public hearing. 1 speaker.

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to adopt Resolution No. 70,867–N.S.

Vote: All Ayes.

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Action Calendar – Public Hearings
Tuesday, May 23, 2023 MINUTES Page 18

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

Financial Implications: See report.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Public Testimony: The Mayor opened the public hearing. 0 speakers.

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to adopt Resolution No. 70,868–N.S.

Vote: All Ayes.

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

Financial Implications: See report.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Public Testimony: The Mayor opened the public hearing. 0 speakers.

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Wengraf) to adopt Resolution No. 70,869–N.S.

Vote: All Ayes.

Recess 8:02 p.m. – 8:22 p.m.

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Tuesday, May 23, 2023 MINUTES Page 19
Action Calendar – New Business

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

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: M/S/Failed (Humbert/Taplin) to suspend the rules and extend the meeting to 11:30 p.m.

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

Action: 16 speakers. M/S/Carried (Arreguin/Hahn) to schedule Item 46, including the supplemental materials submitted, the June 13, 2023.

Vote: All Ayes.

Council Consent Items

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

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

Financial Implications: Loss of tax revenue
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Councilmembers Harrison and Humbert added as co-sponsors. Item held over to June 27, 2023.

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Tuesday, May 23, 2023 MINUTES Page 20
Information Reports

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

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

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

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

Adjournment
Adjourned at 11:00 p.m.

I hereby certify that the foregoing is a true and correct record of the regular meeting held on May 23, 2023.
________________________
Mark Numainville, City Clerk
Communications
Item #40: ZAB Appeal: 469 Kentucky Avenue, Use Permit #ZP2022-0087

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

2. High Fidelity Dispensary
Encampments

3. Craig Nagasawa

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Tuesday, May 23, 2023 MINUTES Page 21
Asha Tea House Unhoused Individual

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

5. Sergeant Kevin Kleppe, Berkeley Police Department
Willard Clubhouse

6. Kathryn Golden and Ashley James

7. Alexander Stec

8. Judith Bebbelaar

9. Mary Oram

10.Kinga Chomicz

11.Marcia Levenson

12.SabinaTuleja

13.Cal Collier

14.Randolph and Frances Starn

15.Greenfire Law

16.Paul Tuleja

17.Patrick Kehoe

18.Maria Kiernik

19.Russ Greene

20.Roger Abraham and Maureen Crosgrove

21.Deborah Roosevelt

22.David Kellogg
Crime in Berkeley

23.Sheila Press

24.Dee Williams-Ridley, City Manager
Berkeley Waterfront

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

26.SusanSchwartz

27.Friends of Five Creeks
Golden Gate Fields

28.Miriam Maxwell

29.Tweed Conrad

30.Christopher Kroll
Reparations

31.Mike Chang

32.George Torgun (2)
Measure T1

33.Eric Friedman
Slavery

34.Don Wrafter

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Tuesday, May 23, 2023 MINUTES Page 22

35.Joseph Cruickshank
Berkeley, a Smart City

36.Helen Gallegos Evans
AB 73: Idaho Stops for Bicyclists

37.Leni Siegel
City Hall Video

38.Tracy Eaves
Trash Bins

39.John Rice
Vision Zero Implementation

40.Steve Lipson
Racial Profiling

41.Elana Auerbach
Add Domestic Violence Back to Berkeley Police Department

42.Mee345@
Thank You from Kala

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

44.Ben Gerhardstein

45.Marguerite Lee
Tenant Opportunity to Purchase Act (TOPA)

46.Merle Lustig

47.Holly Scheider

48.John Holme
U.A. Theater Demolition

49. Hal Erickson
ADU’s in Berkeley

50. Mark Gilligan
Environment Justice, Policy and Sustainability

51.Ken Noji
1307 Dwight Way

52.Kaufman Dolowich Voluch Law Firm

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Tuesday, May 23, 2023 MINUTES Page 23
RPP Permit Renewal

53.Jack Kurzweil
Wildfire Preparedness Week

54.David Sprague, Fire Chief
URL’s Only

55.Susan Nunes Fadley

56.Vivian Warkentin
Supplemental Communications and Reports 1
Item #17: Piggyback Contract – Data Ticket for Administrative Citation Processing

57.Supplemental material, submitted by the City Manager’s Office Item #40: ZAB Appeal: 469 Kentucky Avenue, Use Permit #ZP 2022-0087

58.Kanta Morinaga
Supplemental Communications and Reports 2
Item #37: FY 24 Budget Referral: Study to support Housing Element commitment to increase housing and enhance economic vitality on all commercial corridors, with particular attention to the higher-resourced commercial avenues identified in Program 27 of the Housing

59.Melinda Howard-Herrarte, on behalf of the Sierra Club Item #46: Surveillance Ordinance items related to Fixed Surveillance Cameras and Unmanned Aerial Systems (UAS)

60.Supplemental material, submitted by Councilmember Harrison

61.Andrew Goldberg

62.Charles Goldberg

63.Tracy Rosenberg, on behalf of Oakland Privacy

64.Lisa Mott

65.Ganesh Ramamurthy

66.Allyson Arons

67.Sandy Lee

68.V. Wong

69.Grace Hartman

70.Alex Goldberg

71.Jill Travis

72.August Wagele

73.14 Similarly worded letters
Supplemental Communications and Reports 3
Item 32: Resolution to Support SB 532

74.Barbara Gilbert
Item #40: ZAB Appeal: 469 Kentucky Avenue, Use Permit #ZP2022-0087

75.Stephen Bedrick (2)

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Tuesday, May 23, 2023 MINUTES Page 24

76.Alex Georges
Item #46: Surveillance Ordinance items related to Fixed Surveillance Cameras and Unmanned Aerial Systems (UAS)

77.Presentation, submitted by the Berkeley Police Department

78.Supplemental material, submitted by Councilmember Harrison

79.Glomax

80.Damian Park

81.Deanna Mason

82.Jan Schinhofen

83.John Parman

84.Taline

85.Arabelle Malinis

86.Gabriela Giacchino

87.Jeff Vincent

88.John-Mario Arcilla Sevilla

89.Susan Payne

90.Paul Rickey

91.John Ho

92.Tracee Farrell

93.Fran Haselsteiner

94.Hansel Aguilar, Police Accountability Board (2)

95.Mark Numainville, City Clerk

96.Moni Law

97.Josh Buswell-Charkow
Miscellaneous

98.Message from Eid

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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 27, 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 27, 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 $400,000.

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 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.

PROJECT Fund Source Amount
Street Light Poles for FY
2023 Streetlight
Maintenance Project
142 $400,000
Partnership for Alternative
Medical Response Unit - - $0
Total: $400,000

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Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council June 27, 2023 Approval on June 27, 2023

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 goods and/or 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 June 27, 2023
a. Street Light Poles for FY 2023 Streetlight Maintenance Project b. Partnership for Alternative Medical Response Unit
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 27, 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
23-11608-C Street Light
Poles for FY
2023 Streetlight
Maintenance
Project
7/1/23 7/27/2023 Purchase of streetlight
poles.
$ 400,000.00 142-54-624-694-
3018-000-426-
665110-
$119,552 available
in current FY23
funding
$280,448 available
in FY24 funding
Public Works
Engineering
Reeve Battle
981-6336
DEPT. TOTAL $400,000
23-11609-C Partnership for
Alternative
Medical
Response Unit
5/17/23 6/30/2023 This RFQ is to solicit a CBO
to submit a collaborative
grant application. Upon
grant award, the CBO will
provide a nurse practitioner
and basic management for
an alternative response unit
in partnership with a BFD
paramedic.
$ - - Fire Department Julie Haslam
510-292-8836
DEPT. TOTAL $0
TOTAL $400,000
1 of 1

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CONSENT CALENDAR
June 27, 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, Fire Chief, Fire Department
Subject: FY 2024 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)

RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2024 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley at the rate of $0.06062 (6.062 cents) per square foot of improvements for dwelling units and setting the rate for all other property at $0.09173 (9.173 cents) per square foot of improvements.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended $0.06062 per square foot of improvements for dwelling units and $0.09173 per square foot of improvements. This will result in estimated collections of $ $5,631,795 for the fund. The tax rate will result in an increase in the citywide average for 1900 square foot dwelling and all other property from FY 2023 of $4.64 and $7.02, respectively.

CURRENT SITUATION AND ITS EFFECTS
The FY 2023 tax rates of $0.05818 for dwelling units and $0.08804 for all other property were not adjusted by the per capita the Consumer Price Index (CPI) or the Personal Growth Index in California. The voters approved increasing the Measure GG tax rate annually by up to the greater of the Consumer Price Index increase in the immediate San Francisco Bay Area or the per capita Personal Income Growth in California. The Personal Growth Index per capita rate for FY 2024 has been set at 4.44%. The CPI rate is 4.192% in FY 2024.

At their regular meeting on May 24, 2023, the Disaster and Fire Safety Commission voted to recommend an increase to the Measure GG tax rate assessment using the Consumer Price Index rate of 4.192%.

Action: M/S (Dean/Bedolla): Vote: 6 Ayes: J. Bedolla, W. Bradstreet, T. Darling, S. Dean, T. Gordon, T. Stein; 0 Noes; 2 Absent: H. Raine, G. Murphy; 0 Abstain

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FY 2024 Tax Rate: Fund Fire Protection and Emergency CONSENT CALENDAR Response and Preparedness (Measure GG) June 27, 2023

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It is recommended that the City Council authorize the levy of a special tax of $0.06062 per square foot for dwelling units and $0.09173 for all other property in the City of Berkeley. The tax will result in an increased cost to taxpayers in the following average amounts during Fiscal Year 2024, as compared with amounts for FY 2023:

FY 2024
Square Feet Dwelling Units
All Other
Properties
1,200 $72.74 $110.08
1,500 90.93 137.60
1,900 115.18 174.29
3,000 181.86 275.19
3,900 236.42 357.75
10,000 606.20 917.30
FY 2023
Square Feet Dwelling Units
All Other
Properties
1,200 $69.81 $105.64
1,500 87.27 132.06
1,900 110.54 167.27
3,000 174.54 264.12
3,900 226.90 343.35
10,000 581.80 880.40

BACKGROUND
In the November 2008 election, Berkeley voters approved Measure GG, which authorized the levying of a special tax. The tax proceeds will be used first to eliminate rotating closures of operating fire stations, and to provide advanced life support personnel (paramedics) and equipment on all first responder vehicles (ambulances, fire engines and ladder trucks). The funds would also be used to (1) hire a training officer to provide Emergency Medical Service training for first responders; (2) hire staff to conduct Community Emergency Response Training and other similar public disaster training and preparedness efforts and for neighborhood emergency preparedness caches; and (3) to acquire and maintain equipment to enhance emergency preparedness, including equipment to allow compatible radio communications throughout the City and with outside public safety agencies. 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 Fire Protection and Emergency Response and Preparedness tax.

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FY 2024 Tax Rate: Fund Fire Protection and Emergency CONSENT CALENDAR Response and Preparedness (Measure GG) June 27, 2023

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ALTERNATE CONSIDERATIONS
The City Council may consider adjusting the current recommended tax rate of $0.05818 per square foot of improvements for dwelling units and $0.08804 per square foot of improvements for all other property by the Personal Income Growth in California of 4.44% with projected revenue of $5,645,200.

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

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

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ORDINANCE NO. -N.S.

SETTING THE FISCAL YEAR 2024 SPECIAL TAX RATE TO FUND FIRE PROTECTION

AND EMERGENCY RESPONSE AND PREPAREDNESS (MEASURE GG) IN THE CITY

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

Section 1. The FY 2024 Tax Rate for the Fire Protection and Emergency Response and Preparedness (Measure GG) is set at:
$0.06062 per square foot of improvements for dwellings
$0.09173 per square foot of improvements for all other properties Section 2. The cost to taxpayers during FY 2024 will be $72.74 for a 1,200 square foot dwelling and $181.86 for a 3,000 square foot dwelling.

Section 3. This tax rate will result in estimated total collections of $5,631,795 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 27, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Tess Mayer, Director of Library Services
Henry Oyekanmi, Director of Finance
Subject: FY 2024 Special Tax Rate: Fund the Provision of Library Services

RECOMMENDATION
Adopt first reading of an Ordinance setting the FY 2024 tax rate for funding the provision of Library Services in the City of Berkeley at $0.2698 (26.98 cents) per square foot for dwelling units and $0.4080 (40.80 cents) per square foot for industrial, commercial, and institutional buildings.

FISCAL IMPACTS OF RECOMMENDATION
The tax levy of the recommended $0.2698 for dwelling units and $0.4080 for industrial, commercial, and institutional buildings will result in estimated collections of $25,050,748 for the Library Tax Fund. The increase in the tax rate of $0.0115 for dwelling units and $0.0173 for industrial, commercial, and institutional buildings will result in an increase of $21.68 for the citywide average 1900 square foot dwelling and $32.88 for all other property of similar size.

CURRENT SITUATION AND ITS EFFECTS
The FY 2024 tax of $0.2698 for dwelling units and $0.4080 for all other property are being adjusted by the per capita Personal Income Growth factor in California of 4.44%, as the voters approved the greater of that or the Consumer Price Index in the immediate San Francisco Bay Area of 4.192%. In addition, the Board of Library Trustees recommends that the City Council adjust the tax rate by 4.44%.

It is recommended that the City Council authorize the levy of a special tax of $0.2698 per square foot for dwelling units and of $0.4080 for all other property 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 amounts for FY 2023:

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FY 2024 Special Tax Rate: CONSENT CALENDAR
Fund the Provision of Library Services June 27, 2023

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Annual Tax – Dwelling Units Annual Tax – All Other PropertiesSquare Feet FY24 FY23 FY24 FY23
1,200 $323.77 $310.07 $489.56 $468.79
1,500 404.71 387.59 611.95 585.98
1,900 512.63 490.95 775.13 742.25
3,000 809.42 775.19 1,223.90 1,171.97
3,900 1,052.24 1,007.74 1,591.06 1,523.56
10,000 2,698.05 2,583.96 4,079.65 3,906.56

BACKGROUND
The Central Library and neighborhood branch libraries received approximately 98% of their FY 2023 funding through a citywide special tax (referred to as the Library Relief Act of 1980) of $0.2272 per square foot on all improvements to residential real property in the City of Berkeley, and $0.3435 per square foot on all improvements to industrial, commercial, and institutional real property. The purpose of this voter-approved tax is to provide a stable revenue source to assure the provision of library services at the level which permits library operations six days a week at branch libraries, seven days a week at the Central Library, and which permits the purchase of library materials at levels which are commensurate with the libraries’ hours of service, staffing and patron needs.

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 Library Services tax as approved by the voters.

RATIONALE FOR RECOMMENDATION
Adopting the per capita Personal Income Growth factor in California would contribute an incremental increase of approximately $59,485 to projected FY 2024 revenue over that of the April Consumer Price Index in the immediate San Francisco Bay Area.

ALTERNATIVE ACTIONS CONSIDERED
The fiscal impact on the Library Tax Fund of adopting the April Consumer Price Index in the immediate San Francisco Bay Area of 4.192% instead of the per capita Personal Income Growth factor in California of 4.440% would be a reduction of $59,485 in projected FY 2024 library tax receipts.

The fiscal impact on the Library Tax Fund of forgoing an adjustment to the fiscal year’s library tax rate instead of the per capita Personal Income Growth factor in California of

4.44% would be a reduction of $1,064,969 in projected FY 2024 library tax receipts.

CONTACT PERSON
Henry Oyekanmi, Director of Finance, 981-7326
Tess Mayer, Director of Library Services, 981-6195
Attachments:
1: Ordinance

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ORDINANCE NO. -N.S.

SETTING THE FISCAL YEAR 2024 SPECIAL TAX RATE TO FUND LIBRARY

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

Section 1. The FY 2024 Tax Rate to support usual and current expenses of operating library services is set at $0.2698 per square foot for dwelling units and $0.4080 per square foot for industrial, commercial and institutional buildings.

Section 2. The cost to taxpayers during FY 2024 will be $404.71 for a 1,500 square foot dwelling and $611.95 for all other property of similar size.

Section 3.

This tax rate will result in estimated total collections of $25,050,748.

Section 5. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Old City Hall, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

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RECOMMENDATION
Adopt a Resolution establishing the appropriations limit at $342,803,053 for FY 2024 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.

FISCAL IMPACTS OF RECOMMENDATION
The amount of appropriations subject to the limit are budgeted proceeds of taxes (e.g., all taxes levied; transfers from an enterprise fund to the extent those transfers exceed the cost of providing the services; discretionary state subventions; interest earned from the investment of proceeds of taxes, etc.), and the total of these budgeted revenues cannot exceed the total appropriations limit. The City’s actual appropriations in each fiscal year have been significantly below the limit, as they will be for FY 2024. Thus, there are no present financial implications of establishing the limit.

CURRENT SITUATION AND ITS EFFECTS
Each year in June, concurrent with the adoption of the budget, Council must approve an appropriations limit for the following fiscal year pursuant to the State constitution. This resolution adopts the appropriations limit for FY 2024 at $342,803,053. The excess of the appropriations limit over appropriations is $66,780,271 for FY 2024 based on the proposed budget appropriations for FY 2024.

The Finance Department has compiled the data and made calculations to determine the FY 2024 appropriations limit. The documentation of determination, upon adoption and promulgation of the attached draft resolution, has been available for review by the public in the Office of the City Clerk. Exhibits A and B attached hereto, provide the required documentation. Exhibit A is a summary of the appropriations limit determination, the amount of appropriations subject to the limit, and the excess of the appropriations limit over appropriations. Exhibit B provides details of the appropriations limit calculations.

The Council action will set the FY 2024 appropriations subject to the limitations of Article XIIIB of the Constitution of the State of California, which may not exceed the

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Appropriations Limit for FY 2024 CONSENT CALENDAR
June 27, 2023

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amounts calculated by the City’s Finance Department. These calculations were filed with the City Clerk at least 15 days prior to June 27, 2023.

BACKGROUND
In November 1989, the voters of the State of California approved Proposition 4, commonly known as the (Paul) Gann Initiative, and added Article XIIIB of the State’s Constitution. In June 1990, this Article was modified by the passing of Proposition 111.

These propositions placed various limitations on the fiscal powers of state and local government.

Senate Bill 1352 requires that: 1) the governing body of each local jurisdiction shall establish by a legislative action its appropriations limit at a regularly scheduled meeting or noticed special meeting; and 2) 15 days prior to such meeting, give notice that documentation used to determine the appropriations limit shall be made available to the public.

The Council action will set the FY 2024 appropriations subject to the limitations of Article XIIIB of the Constitution of the State of California, which may not exceed the amounts calculated by the City’s Finance Department. These calculations were filed with the City Clerk 15 days prior to June 27, 2023.

RATIONALE FOR RECOMMENDATION
This is a state law.

ALTERNATIVE ACTIONS CONSIDERED
None

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: Resolution
Exhibit A: GANN Appropriation Limit FY 2024
Exhibit B: Schedule to Calculate Appropriation Limitation FY 2024

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

ESTABLISHING AN APPROPRIATIONS LIMIT FOR FY 2024
WHEREAS, on November 6, 1979, the citizens of the State of California approved Proposition 4, which added Article XIII B to the Constitution of the State of California to place various limitations on the fiscal powers of State and local government; and WHEREAS, on June 5, 1990, the citizens of the State of California approved Proposition 111 which provided new Proposition 111 adjustment formulas; and WHEREAS, Senate Bill 1352, enacted by the Legislature of the State of California, provides for the implementation of Article XIII by defining various terms in this article; and
WHEREAS, pursuant to the requirements of Senate Bill 1352, the City Council, on May 23, 2023 adopted a Resolution which gave notice, as required by law, that the City Council would establish the City of Berkeley appropriations limit for FY 2024 by a Resolution of the City Council on June 27, 2023.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley, that the Council, pursuant to the requirements and criteria set forth in Senate Bill 1352, does hereby establish the appropriations limit at $342,803,053 for FY 2024 for the City of Berkeley as documented in Exhibits A and B attached hereto and incorporated herein by reference as though fully set forth.

Exhibits:

A: GANN Appropriation Limit FY 2024
B: Schedule to Calculate Appropriation Limitation FY 2024

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Internal

EXHIBIT A

CITY OF BERKELEY
GANN APPROPRIATION LIMITATION FOR FY 2024
(Based on the FY 2024 Proposed Budget)
FY 2023 Gann Appropriation Limit of $268,670,640 (before Special Taxes Added), Adjusted for Growth Factor of 1.0394 (See Exhibit B) $ 279,256,263 ADD BACK:

Library Relief Tax 25,050,748
Emergency Medical Services Special Tax 3,742,618
Park Maintenance, City Trees and Landscaping Special Tax 17,664,146 Emergency Services for Severely Disabled Tax 1,673,845
Firefighting, Emergency Medical Response and Wildfire 9,770,233 Fire Protection and Emergency Response and Preparedness 5,645,200 TOTAL Gann Appropriation Limitation $ 342,803,053 (1)
Appropriations Subject to Gann Limitation $ 276,022,782 (2) EXCESS of Limitation Over Appropriation $ 66,780,271
The GANN Limit override to raise the spending limit for the special taxes are required to be renewed by voters every four years. The date the next GANN Limit override is to be submitted to voters is November, 2024 Notes:
(1) The appropriation limit is the calculated dollar amount, which restricts the ability to receive and appropriate proceeds of taxes.
(2) The amounts of appropriations subject to the limitation are budgeted proceeds of taxes (e.g., all taxes levied; transfers from an enterprise fund to the extent those funds exceed the cost of providing the services; discretionary state subventions; interest earned from the investment of proceeds of taxes, etc.) and the total of these budgeted revenue cannot exceed the total appropriation limitations.

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Internal EXHIBIT B

CITY OF BERKELEY
SCHEDULE TO CALCULATE APPROPRIATION LIMITATION FOR FY 2024 (Based on the FY 2024 Proposed Budget)
Total City Appropriations (Per Final Amended Budget for FY 1978/79) $ 72,457,778 Less: 1. Debt Service Appropriation $ 457,186

2. Inter-service Funds:

Equipment Maintenance 1,436,890
Warehouse 554,883

3. Enterprise Funds:

Off-Street Parking 414,609
Marina Operations & Maintenance 1,623,144
Sanitary Sewer Maintenance &
Construction 1,260,012
Refuse Collection 3,635,197

4. Non-Proceeds of Taxes 33,147,004
Appropriation Subject to Limitation 42,528,925
Base Year 1978/79 $ 29,928,853
Fiscal
Year
Beginning Balances Less: Transferred Cost Add Back: Special Taxes Subtotal
Transferred
Cost and
Special Taxes
Appropriation
Limit After
Transferred Cost
and Add Back of
Special TaxesGrowth Factor
Appropriation Limit
Before Transferred Cost
and Add Back of Special
Taxes Landscaping Street Lighting Library Relief Tax
Emergency Medical
Services Special Tax
Park
Maintenance
City Trees and
Landscaping
Special Tax
Emergency
Paratransit
Tax
Disaster Fire
Protection Tax
Fire Protection
& Emergency
Response &
Preparedness
Firefighting,
Emergency
Medical
Response and
Wildfire
Base Year $ 29,928,853 - $ 29,928,853
1980 1.097700 32,852,902 - 32,852,902
1981 1.121400 36,841,244 - 36,841,244
1982 1.083100 39,902,752 $ (949,298) $ (522,600) $ (1,471,898) 38,430,854 1983 1.070200 41,128,700 - 41,128,700
1984 1.029600 42,346,109 - 42,346,109
1985 1.047000 44,336,377 - 44,336,377
1986 1.045400 46,349,249 - 46,349,249
1987 1.025800 47,545,060 - 47,545,060
1988 1.047500 49,803,451 - 49,803,451
1989 1.054700 52,527,700 - 52,527,700
1990 1.050200 55,164,591 $ 6,010,000 6,010,000 61,174,591 1991 1.056300 58,270,356 6,600,000 6,600,000 64,870,356 1992 1.056800 61,580,113 6,752,000 6,752,000 68,332,113 1993 1.057900 65,145,601 6,850,000 6,850,000 71,995,601 1994 1.043100 67,953,377 7,202,000 7,202,000 75,155,377 1995 1.016900 69,101,789 7,202,000 7,202,000 76,303,789 1996 1.030200 71,188,663 7,570,000 7,570,000 78,758,663 1997 1.063200 75,687,786 7,570,000 7,570,000 83,257,786 1998 1.060800 80,289,604 7,570,000 $ 1,639,599 $ 5,500,000 14,709,599 94,999,203 1999 1.060400 85,139,096 7,927,500 1,651,547 5,790,163 15,369,210 100,508,306 2000 1.059900 90,238,928 8,373,875 1,701,093 5,850,400 15,925,368 106,164,296 2001 1.057500 95,427,666 8,936,938 1,812,014 6,025,912 16,774,864 112,202,530 2002 1.097300 104,712,778 9,478,469 1,927,257 7,211,984 $ 661,000 19,278,710 123,991,488 2003 0.999740 104,685,553 9,997,653 1,974,876 7,435,281 689,369 $ 1,000,000 21,097,179 125,782,732 2004 1.031489 107,981,996 11,654,000 2,034,352 7,609,028 690,475 970,000 22,957,855 130,939,851 2005 1.040236 112,326,760 11,603,755 2,000,000 7,594,920 702,727 950,639 22,852,041 135,178,801 2006 1.060000 119,066,366 12,214,113 2,040,000 7,755,780 754,105 969,652 23,733,650 142,800,016 2007 1.052907 125,365,810 12,580,535 2,120,827 7,975,189 771,244 969,652 24,417,447 149,783,257 2008 1.055370 132,307,315 13,209,469 2,184,452 8,214,445 805,333 998,742 25,412,441 157,719,756 2009 1.056666 139,804,642 13,520,414 2,274,380 8,502,545 839,882 969,652 26,106,873 165,911,515 2010 1.018780 142,430,173 13,655,619 2,297,124 8,587,570 889,152 969,652 5,400,000 31,799,117 174,229,290 2011 1.072060 152,693,690 13,904,789 2,332,903 8,754,869 894,401 969,652 3,600,000 30,456,614 183,150,304 2012 1.0381 158,511,319 14,425,555 2,461,803 9,237,474 944,155 969,652 3,788,761 31,827,400 190,338,719 2013 1.04787 166,099,254 15,028,438 2,484,633 9,309,080 967,511 985,734 3,879,323 32,654,719 198,753,973 2014 1.063912 176,714,993 15,870,770 2,561,235 9,586,190 1,022,302 985,734 4,095,987 34,122,218 210,837,211 2015 1.011200 178,694,201 16,345,912 2,640,032 9,865,971 1,052,122 985,734 4,186,198 35,075,969 213,770,170 2016 1.051700 187,932,691 16,617,288 2,687,121 10,043,981 1,070,929 985,734 4,256,304 35,661,357 223,594,048 2017 1.064900 200,129,523 17,893,335 2,778,750 12,150,387 1,152,175 985,734 4,583,053 39,543,434 239,672,957 2018 1.047200 209,575,636 18,786,687 2,916,558 12,763,390 1,209,625 985,734 4,812,892 41,474,886 251,050,522 2019 1.045400 219,090,370 19,746,463 3,047,265 13,411,968 1,270,257 985,734 5,058,273 43,519,960 262,610,330 2020 1.046200 229,212,345 20,806,525 3,215,011 14,143,821 1,339,668 985,734 5,328,686 45,819,445 275,031,790 2021 1.041100 238,632,972 20,342,539 3,183,676 14,369,024 1,361,402 985,734 5,405,100 45,647,475 284,280,447 2022 1.053400 251,375,973 21,704,603 3,330,634 15,320,468 1,451,853 0 5,559,637 12,750,000 60,117,195 311,493,168 2023 1.068800 268,670,640 23,837,768 3,562,620 16,791,663 1,590,735 5,777,036 8,604,000 60,163,822 328,834,462 2024 1.039400 279,256,263 25,050,748 3,742,618 17,664,146 1,673,845 0 5,645,200 9,770,233 63,546,790 342,803,053

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CONSENT CALENDAR
June 27, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Revisions to the Debt Management and Disclosure Policy

RECOMMENDATION
Adopt a Resolution accepting revisions to the Debt Management and Disclosure Policy.

FISCAL IMPACTS OF RECOMMENDATION
There are no fiscal impacts from approving the revisions to the Debt Management and Disclosure Policy.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley currently have a Debt Management and Disclosure Policy.

This Policy was intended to comply with Government Code Section 8855(i), effective January 1, 2017. Per SB 1029 the policies set forth in the Debt Management Policy (the “Policy”) was developed to provide clear and comprehensive guidelines for the issuance and financial management of the debt portfolio of the City of Berkeley and any other entity for which the City Council acts as legislative body, and the term “City” shall refer to each of such entities. The policy confirms the commitment of the City Council, management, staff and other decision makers to adhere to sound financial management practices, including full and timely repayment of borrowings, achieving the lowest possible cost of capital within prudent risk parameters.

Revisions to the Debt Management and Disclosure Policy:

1. Recommendation:

Section VII. DEBT CAPACITY

Current Language: “The City is subject to debt capacity limit for its general obligation bonds: 15% of assessed value”.

Revised Language: The City is subject to debt capacity limit for its general obligation bonds: 6% of assessed value”.

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Revisions to the Debt Management and Disclosure Policy CONSENT CALENDAR June 27, 2023

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The City developed a more locally appropriate debt limit with the guidance of GFOA who conducted a debt capacity study, rather than rely on the statutory limit of 15% (which is set without regard to local context).

BACKGROUND
Senate Bill 1029 (“SB 1029”), which was signed by the California Governor on September 12, 2016, requires California public agencies that issue debt to adopt debt management policies that meet certain criteria.

Securities and Exchange Commission (the “SEC”) recommends that issuers of municipal securities adopt policies and procedures to govern compliance and implement training with respect to their initial disclosure and continuing disclosure undertakings.

In response to SB 1029 and the SEC’s recommendations, and in order to adhere to sound financial management practices, the City of Berkeley, the Berkeley Joint Powers Financing Authority and the Successor Agency for the former Berkeley Redevelopment Agency find it desirable to adopt and maintain a debt management and disclosure policy.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Debt Management and Disclosure Policy provides an opportunity to make environmentally responsible Debt Management goals.

RATIONALE FOR RECOMMENDATION
State law.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Henry Oyekanmi, Director, Finance, 981-7326
Attachments:
1: Resolution
Exhibit A: Debt Management and Disclosure Policy

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

ADOPTING REVISIONS TO THE DEBT MANAGEMENT AND DISCLOSURE POLICY WHEREAS, pursuant to Senate Bill 1029 (“SB 1029”), which was signed by the California Governor on September 12, 2016, requires California public agencies that issue debt to adopt debt management policies that meet certain criteria; and WHEREAS, the Securities and Exchange Commission (the “SEC”) recommends that issuers of municipal securities adopt policies and procedures to govern compliance and implement training with respect to their initial disclosure and continuing disclosure undertakings; and
WHEREAS, in response to SB 1029 and the SEC’s recommendations and in order to adhere to sound financial management practices, the City of Berkeley, the Berkeley Joint Powers Financing Authority and the Successor Agency for the former Berkeley Redevelopment Agency find it desirable to adopt and maintain a debt management and disclosure policy; and
WHEREAS, the Director of Finance has recommended revisions to the debt management and disclosure policy (the “Policy”).

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley shall adopt a resolution affirming the revisions made to the debt management and disclosure policy.

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Internal

CITY OF BERKELEY

DEBT MANAGEMENT AND DISCLOSURE POLICY
JANUARY 2017
I. INTRODUCTION
The policies set forth in this Debt Management Policy (the "Policy") have been developed to provide clear and comprehensive guidelines for the issuance and financial management of the debt portfolio of the City of Berkeley and any other entity for which the City Council acts as legislative body, and the term "City" shall refer to each of such entities. This policy confirms the commitment of the City Council, management and staff and other decision makers to adhere to sound financial management practices, including full and timely repayment of borrowings, achieving the lowest possible cost of capital within prudent risk parameters. This Policy is not intended to be so restrictive that it interferes with the City's legitimate efforts to prudently provide public services and facilities.

This Policy is intended to comply with Government Code Section 8855(i), effective January 1, 2017.

Purpose and Goals:

The purpose of the Policy is to provide a functional tool for debt management and capital planning, as well as to enhance the Cities ability to manage its debt obligations and lease financings (collectively referred to as "debt" in this Policy) in a conservative and prudent manner. In following this Policy, the Cities shall pursue the following goals:

D The City shall endeavor to attain the best possible credit rating for each debt issue in order to reduce interest costs while preserving financial flexibility and meeting capital funding requirements.

D The City shall take all practical precautions and proactive measures to avoid any financial decision that will negatively impact current credit ratings on existing or future debt issues.

D The City shall remain mindful of its statutory debt limit in relation to assessed value growth and the tax burden needed to meet long-term capital requirements.

D The City shall consider market conditions and City cash flows when timing the issuance of debt.

D The City shall determine the amortization (maturity) schedule which will best fit with the overall debt structure of the City at the time the new debt is issued.

D The City shall match the term of the issue to the useful lives of assets whenever practicable and economic, while considering repair and replacement costs of those assets to be incurred in the future.

D The City shall, when planning for the issuance of new debt, consider the impact of such new debt on overlapping debt of local, state and other governments that overlap with the City.

D The City shall, when issuing debt, assess financial alternatives to include new and innovative financing approaches, including whenever feasible categorical grants, revolving loans or other State/federal aid, so as to minimize the contribution from the City's General Fund.

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Internal
D The City shall, when planning for the sizing and timing of debt issuance, consider its ability to expend the funds obtained in a timely, efficient and economical manner.

II. SCOPE
The guidelines established by this policy will govern the issuance and management of all debt funded for short and long term capital financing needs and cash flow needs. The Finance Department recognizes that changes in the capital markets and other unforeseen circumstances may require exception to this Policy, for which approval from the City Council will be necessary for implementation.

The Policy may be amended by the City Council as it deems appropriate from time to time in the prudent management of the debt of the City. Any approval of debt by the City Council that is not consistent with this Policy shall constitute a waiver of this Policy.

Ill. DELEGATION OF AUTHORITY
Pursuant to the provisions of Sections 37209 and 40805.5 of the Government Code of the State of California, the Finance Director (Director of Finance) shall be the head of the finance department and shall be responsible for all of the financial affairs of the City. This Policy grants the Finance Director the authority to select the financing team, coordinate the administration and issuance of debt, communicate with the rating agencies, as well as to fulfill all the pre-issuance and post-issuance disclosure information.

The Finance Director or designee will select various Financing Team Members. Below is a brief description of the main Financing Team, along with their functions.

1. Municipal Advisor
• Assists with capital planning and long term planning
• Coordinates the financing and debt issuance process
• Helps evaluate underwriter proposals and provides financial analysis and recommendations • Assists with the securing of other professional services and other members of the financing team
• Monitors and evaluates market conditions for opportunities to issue debt at low interest rates • Works with the City and Underwriter to develop investor outreach and market approach • Manages competitive bid process
• Ensures negotiated prices are "fair" and reasonable in the marketplace.

2. Bond Counsel
• Prepare an approving legal opinion
• Provide expert and objective legal opinion and advice • Prepare and review documents necessary to authorize, issue sale and delivery of the bonds as well as coordination of the authorization and execution of closing documents • Review legal issues relating to the structure of the bond issue • Prepare election proceedings or pursue validation proceedings if necessary • Review or prepare those sections of the official statement that relate to the Bonds, financing documents, bond counsel opinion and tax exemption
• Assist the City in presenting information to bond rating organizations and credit enhancements providers relating to legal issues affecting the issuance of the Bonds • Review or prepare the Notice of Sale of Bond Purchase Contract for the Bonds and review or draft the continuing disclosure undertaking of the City • Post-issuance advice for bond covenant compliance, when requested

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Internal

3. Disclosure Counsel
• Assists the City with preparing a disclosure document in connection with a public offering of debt.
• Provide expert and objective legal opinion and advice on federal securities laws • Post-issuance advice for bond covenant compliance, when requested

4. Underwriter
• Provide the City with market knowledge
• Assist with credit analysis and preparation
• Premarketing of the Bonds
• Pricing and Sale of Bonds
• Trading of the Bonds

5. Trustee/Fiscal Agent/Paying Agent
• Establishes and holds the funds and account relating to the bond issue • Maintains the list of names and addresses of all registered owners of the bonds and recordings of transfers and exchanges of the bonds
• Acts as the authenticating agent
• Acts as the paying agent
• Protects the interests of the bondholders by monitoring compliance with covenants and acts on behalf of the bondholders in the event of default.
• As the escrow agent holds the investments acquired with the proceeds of an advance refunding and uses those funds for payments on those investments to pay debt service of the refunding bonds
• As a dissemination agent, acts on behalf of the issuer or other obligated person to disseminate annual reports and event notices to repositories under SEC Rule 15c12-12 IV. TYPES OF DEBT
The following are types of debt the City could issue:

1. New Money Debt
New money debt is debt issued to finance the cost of capital improvement project or other large or extraordinary costs as approved by the City Council.

2. Refunding Debt
Refunding debt is debt issued to refinance (refund) previously issued outstanding debt. The City may issue refunding debt to refinance the principal and of and interest on outstanding bonds or other debt to achieve debt service savings, restructure schedule debt service or convert from variable to fixed interest rate, change or modify the source(s) of payment and security for the refunded debt, or modify covenants otherwise binding upon the City. Refunding may be issued on either on a current or advance basis under federal tax law.

3. Revenue Debt
Revenue debt is generally issued for enterprise funds that are financially self-sustaining without the use of general fund revenue sources and therefore rely on the revenues collected by the enterprise fund to repay the debt.

4. Land-Secured Debt
Examples of land-secured debt include special tax revenue bonds issued under the Mello-Roos Community Facilities Act of 1982, as amended, and limited obligation bonds issued under

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Internal
applicable assessment statutes. Land-secured debt is payable from special taxes or assessments that the City will levy on the secured property tax roll.

5. General Obligation (GO) Bonds
In California, GO Bonds require a supermajority voter approval. Most GO bonds are backed by the issuer's ability to level ad valorem tax in amounts sufficient to meet debt service.

6. Lease Financings
Lease revenue bonds, certificates of participation (also known as "COPs") and lease-purchase transactions are examples of lease financings. Lease financings are typically used when the City wishes to pay for debt with its general fund.

7. Bond Anticipation Notes, Grant Anticipation Notes
This type of debt is issued to finance a project in anticipation of other funding sources becoming available at a later time.

8. Tax and Revenue Anticipation Notes (TRAN)
A TRAN is issued when the City's anticipated operating revenues are not available when the City's operating expenses need to be paid, which is a common operational challenge for California cities given the irregular distribution of sales tax and property tax revenues.

9. Tax Increment Financings
Tax increment financing may be used to the extent available under California law.

10. Conduit Financings
The City may agree to provide conduit financing for specific public purposes, such as financings for affordable rental housing and qualified 501 c3 organizations. In a conduit financing, the debt is typically repaid with non-City revenues.

V. DEBT TERM
The City Council recognizes that new debt obligations may impact the long-term affordability of all outstanding debt and any future planned debt, as well as budgetary impacts associated with the maintenance and operating costs of debt-financed facilities.

Term of Debt - Debt will be structured for the shortest period possible, consistent with a fair allocation of costs to current and future beneficiaries or users. Debt shall not be issued for a term that exceeds the useful life of the debt-financed asset.

Debt Repayment - Typically the City desires level debt service payments over the term of the debt. However, the cost of capital, financial risk, current economic conditions, future financial flexibility, credit rating and available cash flow will be evaluated to determine the most appropriate method of debt amortization for each debt issue. Notwithstanding the above, back loading of debt service will be evaluated as the circumstances dictate. Back loading occurs when debt service payments are lower in the initial years of a debt term and higher toward the later years of a debt term.

VI. DEBT ISSUANCE
The City has the capacity to issue long and short-term debt and to refund any outstanding debt. The following section details the purposes for debt issuance, the method of sale for such debt and the practices for obtaining professional assistance in the debt issuance process.

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Berkeley City CouncilJune 27, 2023

Berkeley City Council
June 27, 2023