Tuesday, June 27, 2023 ANNOTATED AGENDA Page 1
ANNOTATED AGENDA
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.
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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]
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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 ef fect. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 2
Preliminary Matters
Roll Call: 6:07 p.m.
Present: Taplin, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin
Absent: Kesarwani, Bartlett
Councilmember Bartlett present at 6:09 p.m.
Councilmember Kesarwani present at 6:13 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 Dr. Lisa B. Hernandez, Berkeley Public Health Officer
2. Adjourn in memory of Dorothy Walker, Local Activist
3. Adjourn in memory of Gus Newport, Former Mayor of Berkeley City Manager Comments: None
Public Comment on Non-Agenda Matters: 5 speakers.
Action: M/S/C (Arreguin/Bartlett) to accept an urgency item from the City Manager pursuant to Government Code Section 54954.2(b)(2) entitled Memorandum of Understanding with Alameda County for Temporary Coverage for Public Health Officer, and place the item on the Consent Calendar.
Vote: All Ayes.
Action: M/S/C (Arreguin/Hahn) to accept supplemental material from the City Manager on Item 40.
Vote: All Ayes.
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 3
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 21 speakers.
Action: M/S/C (Arreguin/Taplin) to adopt the Consent Calendar in one motion except as indicated.
Vote: All Ayes.
Recess 8:07 p.m. – 8:27 p.m.
Urgent Item: Memorandum of Understanding with Alameda County for Temporary Coverage for Public Health Officer
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a Memorandum of Understanding with Alameda County authorizing Alameda County’s Health Officer to provide essential Health Officer duties for Berkeley on a temporary basis after Dr. Lisa Hernandez resigns from City employment in early July.
Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,896–N.S.
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 Action: Adopted second reading of Ordinance No. 7,864–N.S.
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
Action: Adopted second reading of Ordinance No. 7,865–N.S.
Consent Calendar
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 4
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
Action: Adopted second reading of Ordinance No. 7,866–N.S.
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
Action: Adopted second reading of Ordinance No. 7,867–N.S.
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
Action: Adopted second reading of Ordinance No. 7,868–N.S.
Consent Calendar
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 5
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
Action: Adopted second reading of Ordinance No. 7,869–N.S.
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
Action: Adopted second reading of Ordinance No. 7,870–N.S.
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
Action: Adopted second reading of Ordinance No. 7,871–N.S. and request the City Manager asses the impacts of the increased business license tax on Berkeley’s non- profit housing and arts agencies; provide options to address those impacts with a timeline for implementation; and return to the City Council after review by the City Attorney, by the end of October, 2023.
Consent Calendar
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 6
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
Action: Adopted second reading of Ordinance No. 7,872–N.S.
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.
Action: Adopted second reading of Ordinance No. 7,873–N.S.
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
Action: Adopted second reading of Ordinance No. 7,874–N.S.
Consent Calendar
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 7
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 Action: Adopted second reading of Ordinance No. 7,875–N.S.
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
Action: Adopted second reading of Ordinance No. 7,876–N.S.
Second Reading Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Robinson, Arreguin; Noes – None; Abstain – Kesarwani, Wengraf, Humbert.
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
Action: Approved the minutes as submitted.
Consent Calendar
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 8
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
Action: Approved recommendation.
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
Action: Adopt first reading of Ordinance No. 7,877–N.S. Second reading scheduled for July 11, 2023.
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
Action: Adopt first reading of Ordinance No. 7,878–N.S. Second reading scheduled for July 11, 2023.
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
Action: Adopted Resolution No. 70,897–N.S.
Consent Calendar
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 9
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
Action: Adopted Resolution No. 70,898–N.S.
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
Action: Adopted Resolution No. 70,899–N.S.
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
Action: Adopted Resolution No. 70,900–N.S. as revised in Supplemental Communications Packet #2 by the City Manager to correct the not-to-exceed amount to $145,000.
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
Action: Adopted Resolution No. 70,901–N.S.
Consent Calendar
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 10
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
Action: Adopted Resolution No. 70,902–N.S.
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 Action: Adopted Resolution No. 70,903–N.S.
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 Action: Adopted Resolution No. 70,904–N.S.
Consent Calendar
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 11
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 Action: Adopted Resolution No. 70,905–N.S. as revised in Supplemental Communications Packet #2 from the City Manager to correct the not-to-exceed amount to $3,707,238.
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 Action: Adopted Resolution No. 70,906–N.S.
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 Action: Adopted Resolution No. 70,907–N.S.
Consent Calendar
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 12
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 Action: Adopted Resolution No. 70,908–N.S.
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 Action: Adopted Resolution No. 70,909–N.S.
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
Action: Adopted Resolution No. 70,910–N.S.
Consent Calendar
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 13
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
Action: Adopted Resolution No. 70,911–N.S. (Cunha), Resolution No. 70,912–N.S. (KSR), and Resolution No. 70,913–N.S. (MNS).
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
Action: Adopted Resolution No. 70,914–N.S. (BSK), Resolution No. 70,915–N.S. (ISI), Resolution No. 70,916–N.S. (Ninyo), Resolution No. 70,917–N.S. (Alan Kropp),and Resolution No. 70,918–N.S. (Fisher).
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
Action: Adopted Resolution No. 70,919–N.S.
Consent Calendar
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 14
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
Action: Adopted Resolution No. 70,920–N.S.
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
Action: Adopted Resolution No. 70,921–N.S.
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
Action: Item removed from the agenda by the City Manager.
Consent Calendar
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 15
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
Action: Adopted Resolution No. 70,922–N.S.
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
Action: Adopted Resolution No. 70,923–N.S. (maintain parking), and adopted Resolution No. 70,924–N.S. (schedule of violations and fines).
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
Action: Adopted Resolution No. 70,925–N.S. including supplemental materials from the City Manager accepted at the meeting regarding the estimated timelines for proposed paving segments.
Consent Calendar
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 16
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
Action: Adopted Resolution No. 70,926–N.S.
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 Action: Approved recommendation.
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 Action: Adopted Resolution No. 70,927–N.S.
Council Consent Items
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 17
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
Action: Adopted Resolution No. 70,928–N.S.
Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin; Noes – Kesarwani.
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 Action: Approved as recommended by the Health, Life Enrichment, Equity, & Community Committee and adopted Resolution No. 70,929–N.S.
Vote: Ayes – Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin; Noes – Kesarwani.
Council Consent Items
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 18
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 Action: Adopted Resolution No. 70,930–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Harrison - $500; Councilmember Robinson - $500; Councilmember Hahn - $300; Councilmember Kesarwani - $100; Councilmember Humbert - $250.
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 Action: Approved recommendation.
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: Adopted Resolution No. 70,931–N.S.
Action Calendar – Public Hearings
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 19
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
Public Testimony: The Mayor opened the public hearing. 9 speakers.
M/S/C (Arreguin/Hahn) to close the public hearing.
Vote: Ayes – Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Bartlett.
Councilmember Bartlett absent 9:15 p.m. – 9:27 p.m.
Action: M/S/C (Harrison/Arreguin) to adopt Resolution No. 70,932–N.S., with the amended fifth Whereas clause below, setting FY 2024-2028 rates for residential and commercial refuse, compost, and recycling collection.
WHEREAS, on April 25, 2023, the City Council also requested that the City Manager return to Council in two years, after the Strategic Plan is completed, to review the rates; referred to the City Manager the four alternatives from the staff report (opt out of service, bi-weekly, or shared collection, eliminate 64 or 96 gallon bins, and/or surcharge for 64- and 96-gallon bins); consider cost reduction and the Strategic Plan’s impact on rates; and referred to the City Manager analysis of possible solutions for subsidizing smaller bin sizes; and
Vote: All Ayes.
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
Public Testimony: The Mayor opened the public hearing. 0 speakers.
M/S/C (Arreguin/Harrison) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Arreguin/Hahn) to accept the Biennial Syringe Services Report.
Vote: All Ayes.
Action Calendar – Public Hearings
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 20
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
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/Hahn) to adopt Resolution No. 70,933–N.S. approving the proposed adjusted fees for the 2018 Clean Stormwater Fee and ordering the levy of the fees in Fiscal Year 2024.
Vote: All Ayes.
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
Public Testimony: The Mayor opened the public hearing. 0 speakers.
M/S/C (Arreguin/Wengraf) to close the public hearing.
Vote: All Ayes.
Action: M/S/C (Arreguin/Hahn) to adopt Resolution No. 70,934–N.S. confirming the assessments for the Berkeley Street Lighting Assessment District No. 1982-1 and adopt Resolution No. 70,935–N.S. for the Street Lighting Assessment District 2018, approving the Engineer’s Reports, and authorizing the levying and collection of assessments in Fiscal Year 2024.
Vote: All Ayes.
Action Calendar – New Business
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 21
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 Action: M/S/C (Arreguin/Hahn) to suspend the rules and extend the meeting to 11:30 p.m.
Vote: All Ayes.
Action: M/S/C (Arreguin/Hahn) to suspend the rules and extend the meeting to 12:00 a.m.
Vote: All Ayes.
Action: M/S/C (Arreguin/Hahn) to suspend the rules and extend the meeting to 12:20 a.m.
Vote: All Ayes.
Action: M/S/Failed (Harrison/Bartlett) to:
1. Adopt Resolution No. 70,936–N.S. adopting the FY 2024 Proposed Budget Update (“FY 24 Proposed Budget”) as presented to Council on May 16, 2023, and as revised in Supplemental Communications Packet #2 from the City Manager’s Office, including Exhibit C – The Mayor’s Recommended Budget Allocations; 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;
3. To adopt the proposed resolutions to approve the allocations for the Harold Way placemaking and Martin Luther King, Jr. Way at Haste Street traffic safety upgrades from the SOSIP fund.
4. To refer the Tier 1 requests for the Re-Imagining Public Safety Process to the November 2023 Annual Appropriations Ordinance #1 process.
5. Approve an allocation of $50,000 for a Mobility Justice Consultant for the analysis of the impacts of fines and fees.
Vote: Ayes – Bartlett, Harrison; Noes – Kesarwani, Taplin, Hahn, Wengraf, Humbert, Arreguin; Abstain – Robinson.
Action: 24 speakers. M/S/Carried (Arreguin/Taplin) to:
1. Adopt Resolution No. 70,936–N.S. adopting the FY 2024 Proposed Budget Update (“FY 24 Proposed Budget”) as presented to Council on May 16, 2023, and as Action Calendar – New Business
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 22
revised in Supplemental Communications Packet #2 from the City Manager’s Office, including Exhibit C – The Mayor’s Recommended Budget Allocations; 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;
3. Adopt Resolution No. 70,937-N.S. (Harold Way) and Resolution No. 70,938-N.S. (MLK Jr. Way) approving the allocations for the Harold Way placemaking and Martin Luther King, Jr. Way at Haste Street traffic safety upgrades from the SOSIP fund.
4. To refer the Tier 1 requests for the Re-Imagining Public Safety Process to the November 2023 Annual Appropriations Ordinance #1 process.
Vote: All Ayes.
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 Action: 0 speakers. M/S/C (Arreguin/Wengraf) to adopt first reading of Ordinance No. 7,879–N.S. as revised in Supplemental Communications Packet #2 by the City Manager. Second reading scheduled for July 11, 2023.
Vote: All Ayes.
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
Action: 0 speakers. M/S/C (Arreguin/Hahn) to adopt Resolution No. 70,939–N.S.
Vote: Ayes – Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Bartlett.
Councilmember Bartlett absent 8:27 p.m. – 8:32 p.m.
Action Calendar – Old Business
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 23
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 Action: Moved to Consent Calendar. Councilmembers Harrison and Humbert added as co-sponsors.
1. Adopt first reading of Ordinance No. 7,880–N.S. as written in Supplemental Communications Packet #1. Second reading scheduled for July 11, 2023.
2. Approved recommendation.
3. Approved recommendation.
Information Reports
57. Voluntary Time Off Program for Fiscal Year 2024
From: City Manager
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Received and filed.
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 Action: Referred to the Agenda & Rules Committee for scheduling at a City Council Worksession.
Information Reports
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 24
59. FY 2023 Third Quarter Investment Report: Ended March 31, 2023 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Received and filed.
60. Update on the Implementation of Fair and Impartial Policing Task Force Recommendations
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Received and filed.
61. Zero Waste Commission Fiscal Year 2023-24 Work Plan From: Zero Waste Commission
Contact: Julia Heath, Commission Secretary, (510) 981-6300 Action: Received and filed.
Public Comment – Items Not Listed on the Agenda - 4 speakers.
Adjournment
Action: M/S/C (Arreguin/Taplin) to adjourn the meeting.
Vote: Ayes – Kesarwani, Taplin, Hahn, Robinson, Humbert, Arreguin; Noes – None; Abstain – None; Absent – Bartlett, Harrison, Wengraf.
Councilmember Bartlett absent 12:09 am – 12:17 a.m.
Councilmember Harrison absent 12:09 am – 12:17 a.m.
Councilmember Wengraf absent 12:09 am – 12:17 a.m.
Adjourned at 12:17 a.m.
Communications
Item #49: Public Hearing on Zero Waste Five-Year Rate Schedule
1. Gail Greenwood
2. Sabina McMurtry
3. Mariane Conchita Ferme
4. Gerhard Blendstrup
5. Barbara Gilbert
6. Keith Winnard
7. Michelle Falise
8. Dorothea Dorenz
9. Gran Haselsteiner
10. Glen Hauer
11. Robert Lauriston
12. Keith Winnard
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 25
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)
Gender Disparities in City Contracting
30. Commission on the Status of Women
Ferry Idea
31. Dorothea Dorenz
U Visa Processes
32. Prerna Lal
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 26
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
65. Derrick Johnson
66. Bill Hoffmann
67. Sheila Newbery
68. Corey Busay
69. Tracee Farrell
70. Max Gara
71. S. Entwistle
72. Donna DeDiemar
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 27
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 1
Item #44: Contract No. 32000196 Amendment: Szabo & Associates for Communications Consulting Services
83. Barbara Gilbert
Item #49: Public Hearing on Zero Waste Five-Year Rate Schedule
84. Lance Williams
85. Councilmember Harrison
86. Barbara Gilbert
Item #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
87. Revised material, submitted by Councilmember Bartlett and Mayor Arreguin Supplemental Communications and Reports 2
Item 21: Contract: ZOLL Medical Corporation for ECG Monitor/Defibrillator Support
88. Revised material, submitted by Fire Department
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 28
Item 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
89. Revised material, submitted by Information Technology Department
Item #47: Reparations Now Community Art Mural Restoration and Preservation
90. Gary Miguel
91. Masha Albrecht
92. Lynn Cooper
93. Priscilla Hine
94. Linda Olivenbaum
95. Catherine Huchting
Item #49: Public Hearing on Zero Waste Five-Year Rate Schedule
96. Rafael Paschoal
97. Summer Brenner
98. Gael Alcock
99. Diane Kanegae
100. Sally Nelson
101. Bruce Flushman
102. Alexander Saldanha
103. Berkeley Neighborhood Council
Item #53: FY 2024 Proposed Budget Update Adoption
104. Revised material, submitted by the City Manager’s Office 105. Cristina Ibarra
106. George Lippman
Item 54: FY 2024 Annual Appropriations Ordinance
107. Revised material, submitted by the City Manager’s Office
Memorandum of Understanding with Alameda County for Temporary Coverage for Public Health Officer
108. Urgent item submitted by Health, Housing and Community Services Supplemental Communications and Reports 3
Item #40: Approving Proposed Projects Anticipated to be paid for by the State’s Road Maintenance and Rehabilitation Account Funds for FY 2023-24 109. Revised material, submitted by Public Works
Item #41: Extending the Community Workforce Agreement with Building & Construction Trades Council, et al, for Construction Projects Over $500,000 110. Alycia Singh, on behalf of Associated Builder and Contractors of Northern California
Tuesday, June 27, 2023 ANNOTATED AGENDA Page 29
Item #47: Reparations Now Community Art Mural Restoration and Preservation 111. Phuoc Le
112. Sally Hindman
113. Johanna
Item #53: FY 2024 Proposed Budget Update Adoption
114. Presentation, submitted by the City Manager’s Office 115. Berkeley People’s Budget Coalition (2)
116. David Brandon
117. Angela Jernigan
118. Laura Cornwall
Urgent Item
Memorandum of Understanding with Alameda County for Temporary Coverage for Public Health Officer
119. Eric Friedman
120. Todd Andrew
Miscellaneous Communications
121. Message from EID