Berkeley City Council
July 25, 2023

Tuesday, July 25, 2023 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, July 25, 2023
6:00 PM

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 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 UR L: https://cityofberkeley- info.zoomgov.com/j/1606074224. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Di al 1-669-254-5252 or 1 -833-568-8864 (Toll Free) and enter Meeting ID: 160 607 4224. 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 record ed 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.

Tuesday, July 25, 2023 AGENDA Page 2

Preliminary Matters
Roll Call:

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

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

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

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

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

Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

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

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

Consent Calendar
Tuesday, July 25, 2023 AGENDA Page 3
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.

Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their o fficial capacity when addressing the Council in open session or workshops.

Consent Calendar

1. Zoning Ordinance Amendments to Title 23 of the Berkeley Municipal Code to Conform to State Law, and Make Non-Substantive Technical Edits From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,882-N.S amending the following sections of the Zoning Ordinance to match State law relating to special needs housing (including supportive and transitional housing, emergency shelter, navigation center), employment housing, and family day care, and to make technical edits, corrections and other non-substantive amendments:
-23.202.020 Allowed Land Uses (Residential Districts)
-23.202.110 R-4 Multi-Family Residential District
-23.204.020 Allowed Land Uses (Commercial Districts)
-23.204.040 Use Specific Regulations (Commercial Districts) -23.204.060 C-U University Commercial District
-23.206.020 Allowed Land Uses and Permit Requirements (Manufacturing Districts) -23.206.040 Use Specific Regulations (Manufacturing Districts) -23.206.050 Protected Industrial Uses
-23.206.080 MU-LI Mixed Use-Light Industrial District (Land Use Regulations) -23.302.070 Use-Specific Regulations (Supplemental Use Regulations) -23.304.030 Setbacks
-23.304.040 Building Separation in Residential Districts -23.308.020 Applicability and Nonconformities (Emergency Shelters) -23.308.030 Standards for Emergency Shelters
-23.324 Nonconforming Uses, Structures, and Buildings
-23.324.010 Chapter Purpose
-23.324.050 Nonconforming Structures and Buildings
-23.502.020 Glossary
First Reading Vote: All Ayes.

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

Consent Calendar
Tuesday, July 25, 2023 AGENDA Page 4

2. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of June 6 (regular), June 13 (regular), June 20 (special closed and special) and June 27 (regular)
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900

3. Voting Delegates – League of California Cities Annual Conference From: City Manager
Recommendation: Designate, by motion, a voting delegate and alternate for the business meeting of the Annual League of California Cities conference to be held on Friday, September 22, 2023, in Sacramento.

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

4. Contract: Berkeley Convention and Visitor’s Bureau, d.b.a. Visit Berkeley From: City Manager
Recommendation: Adopt a Resolution allowing the City Manager to execute a sole source contract and any amendments with the Berkeley Convention and Visitors’ Bureau, d.b.a. Visit Berkeley, to distribute one-twelfth of annual Berkeley Transient Occupancy Tax funds to support tourism marketing and promotion for the period from July 1, 2023 through June 30, 2027 for a not to exceed amount of $3,500,000.

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

5. Contracts: Turtle Island Monument, Scott Parsons and Artworks Foundry LLC From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to execute the following artwork contracts and any amendments for the City of Berkeley’s Turtle Island Monument at Martin Luther King Jr. Civic Center Park with contract periods of July 1, 2023 through March 30, 2025:

1. Scott Parsons - for fabrication of three new stone medallions, purchase of twelve selected boulders into which seven existing art medallions will be installed, purchase of granite base stone material for mounting of five bronze turtles for an amount not to exceed $236,000.

2. Artworks Foundry - for fabrication of a large central bronze turtle sculpture for Turtle Island Monument for an amount not to exceed $350,000.

Financial Implications:

Contact: Eleanor Hollander, Economic Development, (510) 981-7530

Consent Calendar
Tuesday, July 25, 2023 AGENDA Page 5

6. Contract No. 117596-1 Amendment: Animal Fix Clinic (formerly Fix Our Ferals) for Spay and Neuter Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Animal Fix Clinic (formerly Fix Our Ferals) to provide no-cost spay and neuter surgeries to eligible pet owners for FY 2024, increasing the contract amount by $35,000 for a new total contract amount not to exceed $102,218 and extending the terms of the contract to July 25, 2026.

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

7. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on July 25, 2023
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $885,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

8. Contract Amendment: Cooke and Associates for Applicant Background Investigations
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Cooke and Associates to expand capacity to perform background investigation services from $50,000 to an amount not to exceed $300,000 from August 1, 2023 through July 31, 2026.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473, Jennifer Louis, Police, (510) 981- 5900

Consent Calendar
Tuesday, July 25, 2023 AGENDA Page 6

9. Contract Amendments: Mental Health Services Act Community Services and Supports, and Prevention and Early Intervention
From: City Manager
Recommendation: Adopt ten Resolutions authorizing the City Manager or her designee to execute the following contracts, which are funded through Mental Health Services Act (MHSA) Community Services and Supports (CSS) and Prevention and Early Intervention (PEI), increasing the contract amounts as outlined below, and extending the contracts through June 30, 2026:

1. Increasing CSS Contract No. 108800-1 with Bay Area Hearing Voices Network by $46,941 per year from Mental Health Services Act (Fund #315) for a total contract amount not to exceed $325,678 for hearing voices support groups;

2. Increasing CSS Contract No. 31900132 with Building Opportunities for Self- Sufficiency by $100,000 per year from Mental Health Services Act (Fund #315), for a total contract amount not to exceed $700,000 for representative payee services;

3. Increasing CSS Contract No. 32200130 with Alameda County Behavioral Health Care Services by $491,933 per year from Mental Health Services Act (Fund #315) for a total contract amount not to exceed $2,459,665 for Wellness Center operations;

4. Increasing CSS Contract No. 32000117 with Insight Housing (formerly Berkeley Food and Housing Project) for $626,616 per year for three years from Mental Health Services Act (Fund #315), for a total contract amount not to exceed $5,286,488 for supportive housing services;

5. Increasing CSS Contract No. 32000094 with Youth Spirit Artworks by $132,046 per year for three years for Transition Age Youth case management and trauma support services from Mental Health Services Act (Fund #315), and $78,000 for Fiscal Year 2024 for Tiny House Village housing services from Measure P (Fund #011), for a total contract amount not to exceed $1,211,230;

6. Increasing PEI Contract No. 32000240 with Berkeley Unified School District by $401,389 per year from Mental Health Services Act (Fund #315), for a total contract amount not to exceed $2,598,334 for services to support Berkeley students;

7. Increasing PEI Contract No. 088999-1 with Center for Independent Living by $32,046 per year from Mental Health Services Act (Fund #315) for a total contract amount not to exceed $448,860 for services to support older adults;

8. Increasing PEI Contract No. 052129-1 with Pacific Center for Human Growth by $100,000 per year from Mental Health Services Act (Fund #315) for a total contract amount not to exceed $815,150 for services to support the Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Agender, Plus (LGBTQIA+) population;

9. Increasing PEI Contract No. 32200146 with ONTRACK Program Resources by $100,000 per year from Mental Health Services Act (Fund #315) for a total contract amount not to exceed $475,000 for services to support African Americans;

10. Increasing PEI Contract No. 3200111 with East Bay Sanctuary Covenant by $100,000 per year from Mental Health Services Act (Fund #315) for a total contract amount not to exceed $500,000 for services to support the Latinx, Latina, Latino population.

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

Consent Calendar
Tuesday, July 25, 2023 AGENDA Page 7

10. Contract No. 32300138 Amendment: Prevention and Early Intervention Statewide Project - California Mental Health Services Authority From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32300138 with the California Mental Health Services Authority (CalMHSA) to execute a Participation Agreement for Fiscal Year 2024 for the Prevention and Early Intervention (PEI) Statewide Project and allocate Mental Health Services Act (MHSA) funds in the amount of $93,027, for a total amount not to exceed $163,934 through June 30, 2024.

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

11. Contract: 2 Plus 1 Housing Resolution Services for Harriet Tubman Terrace Tenant Advocate
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract for professional services with the vendor 2 Plus 1 Housing Resolution Services for a Harriet Tubman Terrace Tenant Advocate for the Department of Health, Housing, and Community Services (HHCS) from August 1, 2023 to July 31, 2024 in an amount not to exceed $100,000.

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

12. Mental Health Services Act (MHSA) Fiscal Years 2024-2026 Three Year Program and Expenditure Plan
From: City Manager
Recommendation: Adopt a Resolution approving the Mental Health Services Act Fiscal Years 2024-2026 Three Year Program and Expenditure Plan (MHSA Three Year Plan), which provides information on current and proposed uses of funds for mental health programming, and forwarding the MHSA Three Year Plan to appropriate state officials.

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

13. Reserving Predevelopment Funds BRIDGE Housing Coorporation to Support the Development of Affordable Housing at the North Berkeley BART Site From: City Manager
Recommendation: Adopt a Resolution: 1. Reserving $1,500,000 in Affordable Housing Mitigation Fee funds to BRIDGE Housing Corporation (BRIDGE) or its affiliate to support master planning and predevelopment activities related to the development of affordable housing at the North Berkeley BART site. 2. Authorizing the City Manager or her designee to execute all original or amended documents or agreements to effectuate this action.

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

Consent Calendar
Tuesday, July 25, 2023 AGENDA Page 8

14. Establish Classification and Salary Range – Deputy Police Chief From: City Manager
Recommendation: Adopt a Resolution establishing the unrepresented classification of Deputy Police Chief with an hourly salary range of $96.1538 - $125.0000, and an annual salary range of $200,000.0000 - $260,000.0000.

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

15. Salary Range Adjustments: Senior Building Maintenance Supervisor, Senior Equipment Supervisor, Senior Public Works Supervisor, and Senior Solid Waste Supervisor
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 69,997-N.S., Salary Resolution for Public Employees Union (PEU) – Local 1, to increase the salary range of the Senior Building Maintenance Supervisor by 9.30%; Senior Equipment Supervisor by 13.00%; Senior Public Works Supervisor by 8.53%; and Senior Solid Waste Supervisor by 8.53%, effective January 1, 2023.

This Resolution follows Council consideration of this item in Closed Session on May 1, 2023.

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

16. Piggyback Contract – SmartWave for City Facility Managed Wi-Fi From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract which aligns with the City of Tucson, AZ existing contract and amendments, to provide managed Wi-Fi throughout City of Berkeley facilities in an amount of $325,000 with an option to extend ongoing Operations and Maintenance (O&M) for an additional year for a total contract value not to exceed $370,000 through FY2025.

Financial Implications: IT's Cost Allocation Fund - $370,000 Contact: Kevin Fong, Information Technology, (510) 981-6500

17. Side Letter Agreement: Hornblower Sublease
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter Agreement with 200 Marina Boulevard, Berkeley, LLC to memorialize the terms and amount of Hornblower sublease rent payments and the City’s consent to the Hornblower sublease at the Doubletree Hotel at the Berkeley Waterfront.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Consent Calendar
Tuesday, July 25, 2023 AGENDA Page 9

18. Contract No. 32200183 Amendment: Western Water Features Inc. for Renovations at King Swim Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200183 with Western Water Features, Inc. for renovations at King Swim Center, increasing the contract amount by $79,000 for a total not to exceed amount of $1,179,000.

Financial Implications: $1,179,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

19. $5.5M Loan for D and E Dock Project In Berkeley Marina From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to implement one of the following options: (1) execute an Amendment to the existing $5.5M Loan Agreement with the State Division of Boating and Waterways, based on one of four proposed alternatives described in the Current Situation section of the report; -OR-
(2) adopt a resolution authorizing the City Manager to implement an internal loan of $5.5M from the Workers Compensation Fund and/or the Stability Reserve Fund and/or Catastrophic Reserve Fund as determined by the City Manager, and repay this loan from the Transient Occupancy Tax revenue and/or the Marina Fund with the terms to be determined by the City Manager.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

20. Accept Grant Funds from the Governor’s Office of Planning and Research to Create a New Environmental Justice Element, Update the General Plan Disaster Preparedness & Safety Element, and Develop Community-Driven Climate and Resilience Metrics
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to accept the California Governor’s Office of Planning and Research (OPR) Adaptation Planning Grant Program (APGP) grant in the amount of $497,042, and to execute any resulting grant agreement, for the duration of August 31, 2023 through January 31, 2026.

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

Consent Calendar
Tuesday, July 25, 2023 AGENDA Page 10

21. Authorize an Agreement with AC Transit to Provide Funding for Transit Shelter Maintenance
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a funding agreement between the City of Berkeley and the Alameda-Contra Costa Transit District (AC Transit) to provide an amount not to exceed $110,000 over five years to support transit shelter and bench maintenance.

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

22. Contract No. 32100127 Amendment: Benefit Resource, Inc. for Third-Party Administrator of the Employee Commute Benefit Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Benefit Resource, Inc., (BRI) to provide third-party administrator services for the City of Berkeley's Employee Commute Benefit Program for an amount not to exceed $50,000 for a total contract not to exceed of $100,000 and extending the term through February 28, 2025.

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

23. Contract No. 32000128 Amendment: WSP USA Environment & Infrastructure Inc. (formerly Wood Environment & Infrastructure Solutions, Inc.) for On-Call Environmental Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000128 with WSP USA Environment & Infrastructure Inc. (formerly Wood Environment & Infrastructure Solutions, Inc.) to increase the contract for on-call environmental consulting services by $500,000 for a new not to exceed amount of $1,200,000 and extend the contract term through December 30, 2026.

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

24. Contract No. 32000145 Amendment: Zonar Systems, Inc. for Global Positioning System Telematics Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000145 with Zonar Systems, Inc. for global positioning system telematics program, increasing the amount by $200,000 for a total amount not to exceed $478,698 and extending the term through June 30, 2026.

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

Consent Calendar
Tuesday, July 25, 2023 AGENDA Page 11

25. Contract No. 32100070 Amendment: Urban Ore, Inc. for Salvage Operations at the City of Berkeley Transfer Station
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100070 with Urban Ore, Inc. for salvage operations of reusable materials at the City's Transfer Station increasing the not to exceed amount by $75,272 for a new not to exceed amount of $189,848 and extending the term through June 30, 2025.

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

26. Contract: R & S Erection of Richmond, Inc. for On-Call Roll Up Door and Gate Maintenance and Replacement
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to award a contract and execute any amendments and extensions, with R & S Erection of Richmond, Inc. for the ongoing maintenance, urgent repairs and replacement of roll up doors in an amount not to exceed $300,000 for the period of August 1, 2023 through July 31, 2026.

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

27. Contract: Wood Rodgers, Inc. for Stormwater Master Plan From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a professional services contract with Wood Rodgers, Inc. in an amount not to exceed $1,900,000 for the development of a comprehensive Stormwater Master Plan (SWMP). A comprehensive SWMP would identify key deficiencies in the stormwater system, prioritize capital improvement projects, identify funding needs, develop City specific drainage design standards, and update maintenance and inspection plan for stormwater facilities.

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

28. Contract: Disability Access Consultants for On-Call American with Disabilities Act Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Disability Access Consultants (DAC) for on-call American with Disabilities Act consulting services to provide support to the City of Berkeley’s Disability Compliance Program, for up to three years in an amount not to exceed $300,000.

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

Consent Calendar
Tuesday, July 25, 2023 AGENDA Page 12

29. Audit Status Report: Underfunded Mandate: Resources, Strategic Plan, and Communication Needed to Continue Progress towards the Year 2020 Zero Waste Goal (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee)
From: City Manager
Recommendation: See policy committee recommendation.

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

Financial Implications: None
Contact: Liam Garland, Public Works, (510) 981-6300

30. Audit Status Report: Unified Vision of Zero Waste Activities Will Help Align Service Levels with Billing and Ensure Customer Equity (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee) From: City Manager
Recommendation: See policy committee recommendation.

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

Financial Implications: None
Contact: Liam Garland, Public Works, (510) 981-6300

31. Resolution to Adopt a City-Wide “Care First, Jails Last” Policy From: Mental Health Commission
Recommendation: Adopt a Resolution adopting a city-wide “Care First, Jails Last” policy that prioritizes the use and/or development of a continuum of care for individuals with mental illness, substance use, or co-occurring disorders rather than incarceration. Require City departments that have contact with the public to revise policies, procedures, and practices to reflect this priority and policy resolution.

Require City Council to use this priority and policy resolution to inform budgetary priorities.

Financial Implications: See report
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400 Council Consent Items

32. Young Lives Matter Foundation Walk for Peace: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including up to $500 from Councilmember Taplin, to support the Young Lives Matter Foundation’s Walk for Peace with funds relinquished to the City’s general fund.

Financial Implications: Councilmember’s Discretionary Fund - $500 Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

Council Consent Items
Tuesday, July 25, 2023 AGENDA Page 13

33. Resolution to Initiate Berkeley Farmers’ Market Week From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a resolution to officially proclaim the first week of August as Berkeley Farmers’ Market Week.

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

34. Commemoration of the 100th Anniversary of the 1923 Berkeley Fire:

Relinquishment of Council Office Budget Funds from General Funds and Grant Such Funds
From: Councilmember Wengraf (Author), Councilmember Harrison (Co- Sponsor), Councilmember Hahn (Co-Sponsor), Mayor Arreguin (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember or Mayor, including $500 from Councilmembers Wengraf and Harrison, to support the City’s Commemoration of the 100th Anniversary of the 1923 Berkeley Fire with funds relinquished to the City’s general fund. The relinquishment of funds from Councilmembers Wengraf and Harrison’s discretionary Council Office Budgets and all other Councilmembers and Mayor who would like to contribute will support a community fair with family friendly activities, including historical and educational displays and activities for the 1923 Fire Commemoration on September 17, 2023.

Financial Implications: Councilmembers' Discretionary Funds - $500 Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

35. Resolution Supporting the Unionization of Peet’s Coffee Workers From: Councilmember Robinson (Author), Councilmember Hahn (Co-Sponsor), Councilmember Humbert (Co-Sponsor), Mayor Arreguin (Co-Sponsor) Recommendation: Adopt a Resolution in support of workers at Peet’s Coffee unionizing under the Industrial Workers of the World IU 460 Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

Action Calendar
The public may comment on each item listed on the agenda for action. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again during one of the Action Calendar public comment periods on the item. Public comment will occur for each Action item (excluding public hearings, appeals, and/or quasi-judicial matters) in one of two comment periods, either 1) before the Action Calendar is discussed; or 2) when the item is taken up by the Council.

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

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

Action Calendar
Tuesday, July 25, 2023 AGENDA Page 14
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.

36. Amendments to Title 23 Relating to Accessory Dwelling Units (ADUs) and Repeal of Chapter 12.99 to Conform to State Law and Respond to Guidance from the California Department of Housing and Community Development From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt the first reading of an Ordinance amending Berkeley Municipal Code (BMC) Title 23, and repealing BMC Chapter 12.99, relating to Accessory Dwelling Units and Junior Accessory Dwelling Units.

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

Action Calendar – New Business
Tuesday, July 25, 2023 AGENDA Page 15

37. Adopting the Affordable Housing Framework for Development at the North Berkeley BART Station Area
From: City Manager
Recommendation: Adopt a Resolution:

1. Adopting the framework for City subsidy of affordable housing at the North Berkeley BART station area.

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

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

38a. Surveillance Ordinance items related to Fixed Automated License Plate Readers (ALPRs)
From: City Manager
Recommendation: Adopt a Resolution accepting the proposed policies and acquisition report for the use of fixed automated license plate readers (ALPRs).

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

38b. Police Accountability Board (PAB) response to Surveillance Ordinance items related to Fixed Automated License Plate Readers (ALPRs) From: Police Accountability Board
Contact: Hansel Aguilar, Police Accountability Board, (510) 981-4960

39. Assembly Bill 481, 2022 Annual Military Equipment Report From: City Manager
Recommendation: Adopt a Resolution approving the 2022 Annual Military Equipment Report.

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

Council Action Items

40. Waivers for Woolsey Gardens Affordable Housing Project From: Mayor Arreguin (Author), Councilmember Harrison (Co-Sponsor) Recommendation: Pursuant to Berkeley Municipal Code (BMC) Section 22.20.070 and/or 22.20.080, adopt a Resolution approving the following requests from Northern California Land Trust for the Woolsey Gardens affordable housing project at 3120- 3130 Shattuck: 1. Waive the requirement in BMC Section 23C.12.070(C)(4) in force at the time of entitlement that subsequent purchasers of inclusionary units in limited equity housing cooperatives have a yearly gross income of no more than 44 percent of the cost of a unit at the time of sale. 2. Approve the provision of an additional inclusionary unit instead of paying the in-lieu fee equivalent of .44 units as required by BMC Section 23.C.12.040(E) in force at the time of entitlement.

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

Tuesday, July 25, 2023 AGENDA Page 16
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 b e filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

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

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

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

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

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

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

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

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.

Tuesday, July 25, 2023 AGENDA Page 17

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 July 13, 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 availabl e for viewing at the City Clerk Department and through Records Online.

Item #37: Adopting the Affordable Housing Framework for Development at the North Berkeley BART Station Area

1. Paul Widess

2. Marianne Betterly

3. Karen Eisenstadt

4. David Rice

5. T. Anne Richards

6. Marice Ashe

7. Kathryn Malone

8. Leonard Mudrock

9. Lonnie Wankel

10. Joan Hamilton

11. Mary Lai

12. Toby Salk

13. Helga Recke and Peter Ewell

14. Laura Garcia Moreno

15. Kori Kody

16. Chris Witt

17. Walter Wood

18. Laura Ide

19. Katherine Kunhiraman

20. Nicole Corsini

21. Richard Laden and Marie-Paule Laden

22. Laura Klein

23. Carol Hirth

Tuesday, July 25, 2023 AGENDA Page 18

24. Vicki Sommer (2)

25. Seth Kimball

26. Leni Siegel

27. Alisa Foster and Family

28. Lunda Caesara

29. Abe Hardin

30. Harvey Smith

31. Leonard Mudrock
Item #38: Surveillance Ordinance items related to Fixed Automated License Plate Readers (ALPRs)

32. Tobey White

33. Hansel Aguilar, on behalf of the Police Accountability Board (3)

34. Christine Schwartz

35. David Freeling

36. Sean Gibson

37. Sara Pierre

38. Dorothea Dorenz

39. Margaret Wellons

40. Patrick McCully

41. Zach Franklin

42. Eric Lee

43. Margaret Flaherty

Hopkins Corridor

44. Margo Smith

45. Virginia Kamp

46. Cindi Goldberg

Thank You Berkeley Police Department

47. TK Alexander

Police Accountability Board

48. Fran Haselsteiner

49. Hansel Aguilar, on behalf of the Police Accountability Board

Racehorse Protection

50. Carla Cabral

51. Bonnie Klapper

52. Kevin Korevaar-Plesniak

53. Gayle Paul

54. Joyce Lipener

55. Sheri Graeber

56. Diana Deikman

57. Karin Nelson

58. Kimberlee Krok

59. Ginnysue57

Tuesday, July 25, 2023 AGENDA Page 19

60. Linda Reilly

61. Yasirah Vaughn

Oppose AB 965

62. Richard Tamm

63. Martin Bernbaum

People’s Park Protestors

64. Lorranie Mahley

Street Repair Money

65. S. Entsistle

1740 San Pablo Avenue New Construction – Funding Application

66. Rachel Durney, on behalf of NorCal Development, BRIDGE

Abatement Notice: 1510 Rose Street #A

67. Sara Kershnar (2)

Upcoming Sewer Rehabilitation Work at California and Prince

68. Dan Bristol

69. Joseph Griffin

Claremont Hotel – Adjacent Strip Needs Work

70. Jo Farmer

Trash Not Being Picked Up Again

71. Wenter S, on behalf of Third Culture Bakery (2)

72. Berkeley’s Mayor’s Office

Perimeter Trail at Cesar Chavez Park

73. Rachel Bradley

Curb Cuts – Thank You

74. Laura Bates

Safety Hazards at Willard Park

75. Kristen Boyd

Pump Out Services for RV’s

76. Ellen Fullman

Aquatic Center

77. Natasha Hains

Fireworks

Tuesday, July 25, 2023 AGENDA Page 20

78. Pamela Michaud (3)

79. Sarah Garrett

80. Colleen McCann

81. Mike Kim

82. Sandra Blair

83. Carol Cohen

City’s Subcontractor Weeding the Spruce and Vine Traffic Circle

84. Fred Dodsworth

URL’s Only

85. Vivian Warkentin (3)
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.

Ordinance No. 7,882-N.S. Page 1 of 15
ORDINANCE NO. 7,882-N.S.

AMENDMENTS TO THE RESIDENTIAL DISTRICT CHAPTER (BMC 23.202), COMMERCIAL DISTRICT CHAPTER (BMC 23.204), MANUFACTURING DISTRICT CHAPTER (BMC 23.206), USE-SPECIFIC REGULATIONS (SUPPLEMENTAL USE REGULATIONS) (BMC 23.302.070), GENERAL DEVELOPMENT STANDARDS CHAPTER (BMC 23.304), EMERGENCY SHELTERS CHAPTER (BMC 23.308), PARKING AND LOADING CHAPTER (BMC 23.322), NONCONFORMING USES, STRUCTURES, AND BUILDINGS (BMC 23.342), AND GLOSSARY (BMC 23.502.020)

FOR CONSISTENCY WITH STATE LAW RELATED TO SPECIAL NEEDS AND

EMPLOYMENT HOUSING, FAMILY DAY CARE HOME, PARKING, AND ASSOCIATED

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

Section 1. That the following lines under the category “Public and Quasi-Public Uses” in Table 23.202-1 (Allowed Land Uses in Residential Districts) within Berkeley Municipal Code 23.202.020 are amended, added, or removed: “Emergency Shelter” is hereby amended, the lines “Emergency Shelter, more than 15 beds”; “Low Barrier Navigation Center” and “Supportive Housing” are hereby added, and the lines “Family Day Care Home, Large” and “Family Day Care Home, Small” are hereby removed to read as follows:

Table 23.202‑1: Allowed Land Uses in Residential Districts

RESIDENTIAL DISTRICTS
ZC = Zoning
Certificate
AUP =

ADMINISTRATIVE

USE PERMIT
UP(PH) = Use Permit
NP = Not Permitted
* Use-Specific
Regulations Apply
**--Required permits
for specific uses are
set forth in the R-
BMU Master
Development Permit
(MDP).See and
R-1 R-
1A
ES-
R R-2 R-
2A R-3 R-4 R-5 R-S R-
SMU
R-
BM
U*

USE-SPECIFIC

REGULATIONS

APPLIES TO

USES WITH AN

ASTERISK

FOLLOWING THE
PERMIT

REQUIREMENT
(E.G., ZC*)
Public and Quasi-Public Uses
Emergency
Shelter, 15 beds
or fewer

NP NP NP NP NP NP ZC ZC ZC ZC ZC

23.308 -
Emergency
Shelters

Ordinance No. 7,882-N.S. Page 2 of 15
Emergency
Shelter, more
than 15 beds

NP NP NP NP NP NP
UP
(P
H)
UP
(P
H)
UP
(P
H)
UP
(P
H)
UP
(P
H)
Low Barrier
Navigation
Center

NP NP NP ZC ZC ZC ZC ZC ZC ZC ZC
Supportive
Housing NP NP NP ZC
*
ZC
*
ZC
*
ZC
*
ZC
*
ZC
*
ZC
*
ZC
*

23.302.070. I
– Supportive
Housing
Section 2. The Berkeley Municipal Code Table 23.202-14 is hereby amended to read as follows:

TABLE 23.202-14. R-4 LOT AND HEIGHT STANDARDS

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Lot Area, Minimum
New Lots 5,000 sq. ft.

Per Group Living Accommodation
Resident 350 sq. ft. [1]

23.304.020– Lot Requirements
Usable Open Space, Minimum
Per Dwelling Unit 200 sq. ft.

Per Group Living Accommodation
Resident 90 sq. ft.

23.304.090– Usable Open Space
Floor Area Ratio, Maximum No maximum
Main Building Height, Average
New Buildings and Non-
Residential Additions
35 ft. and 3
stories [2]
Residential Additions 16 ft. [3]

23.304.050– Building Height
Notes:

1. One additional resident is allowed for remaining lot area between 200 and 350 square feet.

2. Maximum 65 ft. and six stories allowed with Use Permit.

3. Height greater than 16 ft. up to 35 ft. allowed with an AUP. Height greater than 35 ft. up to 65 ft. and six stories allowed with a Use Permit.

Section 3. That the following lines under the category “Public and Quasi-Public Uses” in Table 23.204-1 (Allowed Uses in the Commercial Districts) within Berkeley Municipal Code 23.204.020 (Allowed Land Uses) are hereby amended or added:
“Emergency Shelter” is amended; and the lines “Emergency Shelter, 26 to 60 beds”;

Ordinance No. 7,882-N.S. Page 3 of 15
“Emergency Shelter, more than 60 beds”; “Low Barrier Navigation Center”; and “Supportive Housing” are hereby added to read as follows:

TABLE 23.204-1. ALLOWED USES IN THE COMMERCIAL DISTRICTS COMMERCIAL DISTRICTSZC = Zoning
Certificate
AUP =
Administrative Use
Permit
UP(PH) = Use
Permit
NP = Not Permitted
-- = Permitted with
AUP, see

23.204.020(B)
[#] = Table Note
Permit
Requirement
* Use-Specific
Regulations Apply

C-C C-N C-U C-E C-
NS
C-
NA C-
SA
C-T C-
SO
C-
DM
U
C-
AC
USE-

SPECIFIC

REGULATI
ONS
Public and Quasi-Public Uses
Emergency
Shelter, 25 beds
or fewer

ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Emergency
Shelter, 26 to 60
beds
UP
(P
H)
UP
(P
H)
UP
(P
H)
UP
(P
H)
UP
(P
H)
UP
(P
H)
UP
(P
H)
UP
(P
H)
ZC
UP
(P
H)
UP
(P
H)
Emergency
Shelter, more
than 60 beds
UP
(P
H)
UP
(P
H)
UP
(P
H)
UP
(P
H)
UP
(P
H)
UP
(P
H)
UP
(P
H)
UP
(P
H)
UP
(P
H)
UP
(P
H)
UP
(P
H)

23.308 -
Emergen
cy
Shelters
Low Barrier
Navigation
Center

ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC ZC
Supportive
Housing
ZC
*
ZC
*
ZC
*
ZC
*
ZC
*
ZC
*
ZC
*
ZC
*
ZC
*
ZC
*
ZC
*

23.302.0

70. I –
Supportiv
e
Housing
Section 4. That Berkeley Municipal Code Table 23.204-12 is hereby amended to read as follows:

Ordinance No. 7,882-N.S. Page 4 of 15
TABLE 23.204-12. C-U SETBACK STANDARDS

LOT LINE & PROJECT CONDITIONS REQUIRED SETBACK
Front
Ground-floor non-residential uses fronting
University Avenue
Average 2 ft.
2 ft. at all sidewalk pedestrian entries
Ground-floor residential uses fronting
University Avenue
Average 2 ft.

Maximum 10 ft.[1]
Fronting a street other than University
Avenue and confronting a non-residential
district
No minimum
Rear
Lots on south side of University Avenue
abutting a residential district
Minimum of 10 ft. or 10% of lot depth,
whichever is greater, and an average_
of 20 ft. [2]
Lots on south side of University Avenue not
abutting a residential district No minimum
Lots on north side of University Avenue See 23.204.060(D)(5)– C-U University Commercial District (Solar Access)
Interior Side No minimum
Street Side 2 ft. average
All setbacks for lots on South Side of University
Avenue fronting a street other than University
Avenue
As required by 23.304.030.C.2–
Setbacks (Lots Adjacent to Residential
Districts) [3]
Notes:

1. A maximum setback of 10 feet is only permitted for landscaping that enhances the streetscape and provides privacy for residential units on the first floor.

2. See 23.304.030(C)(2)(b) (Modifications in Commercial Districts) for allowed reductions.

3. If a lot fronting a side street is consolidated into a single project with the adjacent University Avenue-fronting lot, the project must conform to the setback standards in this table.

Section 5. That the following lines under the category “Public and Quasi-Public Uses” in Table 23.206-1 (Allowed Uses in Manufacturing Districts), within Berkeley Municipal Code 23.206.020 (Allowed Land Uses and Permit Requirements) named Low Barrier Navigation Center; and Supportive Housing are hereby added to read as follows:

TABLE 23.206-1. ALLOWED USES IN MANUFACTURING DISTRICTS ZC = Zoning Certificate
AUP = Administrative Use
Permit

MANUFACTURING DISTRICTS
Use-Specific
Standards
Applies to uses with
an asterisk following

Ordinance No. 7,882-N.S. Page 5 of 15
the permit requirement
(e.g., ZC*)
UP(PH) = Use Permit
-- = Permitted with an AUP,
see 23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit
Requirement
* Use-Specific Standards
Apply
M MM MU-LI MU-R Use-Specific
Regulation
Public and Quasi-Public Uses
Low Barrier Navigation
Center NP NP NP ZC
Supportive Housing NP NP NP ZC*

23.302.070. I –
Supportive
Housing
Section 6. That the line named “Retail, General” in Table 23.206-1 (Allowed Uses in Manufacturing Districts), within Berkeley Municipal Code 23.206.020 (Allowed Land Uses and Permit Requirements) is hereby amended to read as follows:

TABLE 23.206-1. ALLOWED USES IN MANUFACTURING DISTRICTS

MANUFACTURING DISTRICTS
Use-Specific
Standards
Applies to uses with
an asterisk following
the permit requirement
(e.g., ZC*)
ZC = Zoning Certificate
AUP = Administrative Use
Permit
UP(PH) = Use Permit
-- = Permitted with an AUP,
see 23.206.020(B)
NP = Not Permitted
[#] = Floor Area Permit
Requirement
* Use-Specific Standards
Apply
M MM MU-LI MU-R Use-Specific
Regulation
Retail Uses
Retail, General NP NP AUP* AUP*[3] 23.206.080(B)(6);

23.206.090(B)(4)
Section 7. That Note 5 in Table 23.206-1 (Allowed Uses in Manufacturing Districts), within Berkeley Municipal Code 23.206.020 (Allowed Land Uses and Permit Requirements) is hereby amended to read as follows:
[5] Requires a Use Permit for more than 5,000 sq. ft. of floor area.

Section 8. That Berkeley Municipal Code Section 23.206.040(C)(1) is hereby amended to read as follows:

Ordinance No. 7,882-N.S. Page 6 of 15

1. As used in this section, “child-serving use” means a school, child care center, or park/recreational facility used by children. Family day care homes are exempt from these regulations and not included in the definition of “child-serving use.” Section 9. That Berkeley Municipal Code 23.206.050(A)(3)(a) is hereby amended to read as follows:
a) To approve a Use Permit required by Table 23.206-6 for changes to a protected industrial use in the MM and MU-LI districts, the review authority must find that replacement space is provided as required by Paragraph 4 (Replacement Space) below.

Section 10. That Berkeley Municipal Code 23.206.050(B) is hereby removed and Berkeley Municipal Code 23.206.050(C) is hereby amended to read as follows:

B. Protected Non-Industrial Uses in the MU-LI and MU-R Districts.

1. Protected Non-Industrial Uses Defined. A use in the MU-LI or MU-R districts listed in Table 23.206-8 is classified as a protected non-industrial use, provided the use:
(a) Was legally established as of July 6, 1989; and
(b) Exists as a single stand-alone use or is combined with residential use in a live/work unit.

TABLE 23.206-8: PROTECTED NON-INDUSTRIAL USES

CATEGORY PROTECTED USES
Category 1 Art/craft studio
Category 2
1) Art galleries, ancillary to art/craft studios and when located in the same building
2) Child care facility
3) Fine arts performance, instruction and rehearsal studios (dance, music, theater)
4) Theaters, stage performance, but excluding motion picture theaters

2. Permit Required for Change of Use.
(a) Table 23.206-9 shows permits required to change a protected non- industrial use.

TABLE 23.206-9: PERMITS REQUIRED FOR CHANGE TO PROTECTED NON-INDUSTRIAL USE

Ordinance No. 7,882-N.S. Page 7 of 15

NEW USE

EXISTING PROTECTED

USE GROSS FLOOR
AREA

A PROTECTED

USE IN THE SAME

CATEGORY

A PROTECTED USE IN A

DIFFERENT CATEGORY

A NON-PROTECTED USE

THAT OCCUPIES ALL OF

THE NON-RESIDENTIAL

FLOOR AREA IN THE

BUILDING
Less than 5,000 sq. ft. ZC AUP AUP
5,000 sq. ft. or more AUP UP(PH) UP(PH)

3. Owner-Occupied Exemption. A protected non-industrial use which is owner- occupied and occupies all of the non-residential floor area in a building is exempt from the requirements of this section.

4. Findings.
(a) To approve a permit required by Table 23.206-9, the review authority must find that space occupied by the existing non-industrial protected use will be replaced with a comparable space in the West Berkeley Plan area, which is reserved for use by any protected use in the same category. Such replacement space may not qualify for exemption under Paragraph 3 (Owner- Occupied Exemption) above or by reason of having been established after July 6, 1989.
(b) When making additional findings required by Chapter 23.406 (Specific Permit and Approval Requirements), the review authority may only consider the potential detriment associated with the new use. Dislocation of any specific previous occupant or use may not be a basis for finding detriment.

Section 11. That Berkeley Municipal Code 23.206.080(B)(6) is hereby amended to read as follows:

6. General Retail. Allowed general retail uses in the MU-LI district are limited to food product stores and building materials and garden supply stores. Other types of general retail uses are not permitted. Food product stores are not permitted if over 2,000 square feet. Building materials and garden supplies stores are permitted with an AUP if under 20,000 square feet and with a Use Permit if 20,000 square feet or more.

Section 12. That Berkeley Municipal Code 23.206.090(B)(3) is hereby amended to read as follows:

3. Community Care Facility. Community care facilities are allowed in the MU-R district as a change of use. New construction is permitted with a Use Permit.

Ordinance No. 7,882-N.S. Page 8 of 15
Section 13. That Berkeley Municipal Code 23.302.070(I) through (K) are hereby added and re-lettered to read as follows:

I. Supportive Housing.

1. Permits Required. Supportive housing shall be allowed by right in zones where multifamily and mixed uses are permitted, if the proposed housing development satisfies requirements pursuant to Government Code Section 65651(a).

J. Smoke Shops. In all districts, smoke shops are not permitted within 1,400 feet of a school or public park.

K. Warehouse Storage for Retail Use.

1. In all districts where retail uses are allowed, on-site storage of goods is allowed as an accessory use to a primary retail use on the lot.

2. The storage of goods for a contiguous and directly accessible retail space is allowed in the MU-LI and MU-R districts subject to the following:
a) An AUP is required for storage 3,000 square feet or less; a Use Permit is required for storage more than 3,000 square feet.
b) Except for food product stores in the MU-LI district, the storage is permitted only for uses within the district. Storage for retail uses wholly or partially outside the district is not permitted.

Section 14. That Berkeley Municipal Table 23.304-2 is hereby amended to read as follows:

TABLE 23.304-2: ALLOWED BUILDING PROJECTIONS

MAXIMUM PROJECTION INTO REQUIRED SETBACK
(MUST MAINTAIN 3 FT MINIMUM FROM INTERIOR SIDE

LOT LINE)BUILDING FEATURE

FRONT REAR INTERIOR
SIDE
STREET
SIDE
Chimneys, Water Heater Enclosures,
Flues, Heating and Cooling Equipment 2.5 ft. 2.5 ft. 1.5 ft. 2.5 ft.

Eaves, Cornices, Canopies, Awnings
and Bay Windows [1] 2.5 ft. 2.5 ft. 1.5 ft. 2.5 ft.

Uncovered decks, porches, landings,
ramps and stairs when 30 inches or
more above grade at any point [2]
6 ft. 6 ft. 1.5 ft. 2.5 ft.

Balconies and fire escapes [1] 6 ft. 6 ft. 1.5 ft. 2.5 ft.

Ordinance No. 7,882-N.S. Page 9 of 15
Notes:

1. Projecting bay windows and balconies may not exceed 25% of the length of building wall to which its attached.

2. Uncovered decks, porches, landings and stairs less than 30 inches in height (not including railings) are not subject to minimum setback requirements.

Section 15. That Berkeley Municipal Code 23.304.030(B)(4) is hereby amended to read as follows:

4. Accessibility for Persons with Disabilities. Wheelchair ramps, lifts, and other structures to accommodate persons with disabilities that are less than 30 inches above grade (not including railings) are not subject to minimum setback requirements. Any accessibility feature with a height above grade of 30 inches or more (not including railings) may project into a required setback area with approval of a reasonable accommodation request. See Section 23.406.090 (Reasonable Accommodation). Preferred designs would comply with the following:
a) One side yard with a pedestrian pathway of at least 3 feet in width that provides access to the rear yard shall be maintained on the lot. A public sidewalk that provides access to the rear yard would also meet this requirement, and b) The projection may not block access to or encroach into any required off-street parking space or driveway leading to such space unless there is no other feasible location for the accessibility feature.

Section 16. That Berkeley Municipal Code Section 23.308.020(C) is hereby removed as follows:

Section 17. That Berkeley Municipal Code 23.308.030(A) is hereby amended to read as follows:

A. All Districts. The following standards apply to emergency shelters in all districts.

1. No individual or household shall be denied emergency shelter because of an inability to pay.

2. No emergency shelter shall be located within 300 feet of another emergency shelter, except when a Use Permit is approved to allow less of a buffer distance.

3. When abutting a Residential District, all waiting and intake areas shall be located indoors.

Ordinance No. 7,882-N.S. Page 10 of 15

4. Emergency shelter facilities are required to have an area for onsite client intake equal to one-quarter of the area provided for client beds. This may be a multi- use area.

5. The following incidental uses are permitted in emergency shelter facilities a. On-site cafeteria.
b. Child care center.

6. Lighting shall be provided in all exterior areas, including pathways, parking areas, courtyards, rear yard areas, and spaces between structures. Lighting shall be directed in a manner that does not cast light onto neighboring properties.

7. On-site management and security shall be provided at all times the facility is in operation and on-site management shall be provided at least one hour before and after facility operation hours.

8. The shelter provider shall conduct a community meeting after giving notice to all owners and occupants within a 100-foot radius of the proposed shelter location. A community meeting shall not be required when the target population of the proposed shelter requires privacy due to safety concerns as determined by the Zoning Officer.

Section 18. That Berkeley Municipal Code 23.308.030(C) is hereby amended to read as follows:

C. Findings. To approve a Use Permit for an emergency shelter, the Zoning Adjustments Board (ZAB) must find that a larger shelter facility will help meet the City’s goals pertaining to emergency housing of the homeless.

Section 19. That Berkeley Municipal Code 23.322.020(D) is hereby added to read as follows:

D. Location Exemption. Off-street parking spaces are not required for a new use or building, or an enlargement or intensification of an existing use or structure, that is located within 0.5 miles of a major transit stop, as defined by Section 21155 of the California Public Resources Code, unless otherwise authorized by Government Code Section 65863.2.

Section 20. That the category named “Non-Residential Uses” in Table 23.322-1, (Required Off Street Parking in Residential Districts), within Berkeley Municipal Code 23.322.030 (Required Parking Spaces), is hereby amended to read as follows:

TABLE 23.322-1. REQUIRED OFF-STREET PARKING IN RESIDENTIAL DISTRICTS

Ordinance No. 7,882-N.S. Page 11 of 15
Land Use Number of Required Off-street Parking Spaces
Non-Residential Uses
All non-residential
uses except uses
listed below
R-SMU District: 1 per 1,000 sq. ft.

R-BMU District: None required; no more than 1.5 spaces per 1,000 sq. ft.

All Other Residential Districts: See 23.322.030.A.2
Community Care
Facility
R-BMU District: None required; no more than 1.5 spaces per 1,000 sq. ft.

All Other Residential Districts: None required
Food Service
Establishment
R-BMU District: None required; no more than 1.5 spaces per 1,000 sq. ft.

All Other Residential Districts: 1 per 300 sq. ft.

Hospital
R-SMU District: 1 per 1,000 sq. ft.

R-BMU District: None required; no more than 1.5 spaces per 1,000 sq. ft.

All Other Residential Districts: 1 per each 4 beds plus 1 per each 3 employees
Library
R-BMU District: None required; no more than 1.5 spaces per 1,000 sq. ft.

All Other Residential Districts: 1 per 500 sq. ft. of publicly accessible floor area
Nursing Home 1 per 3 employees
Medical Practitioners R-BMU District: None required; no more than 1.5 spaces per 1,000 sq. ft.

All Other Residential Districts: 1 per 300 sq. ft.

Non-Medical Offices R-SMU District: 1 per 1,000 sq. ft.

R-BMU District: None required; no more than 1.5 spaces per 1,000 sq. ft.

All Other Residential Districts: 1 per 400 sq. ft.

Hotels, Tourist 1 per 3 guest/sleeping rooms or suites plus 1 per 3 employees Section 21. That the category named “Non-Residential Uses” in Table 23.322-4 (Required Off Street Parking in Manufacturing Districts), within Berkeley Municipal Code 23.322.030 (Required Parking Spaces), is hereby amended to read as follows:

TABLE 23.322‑4: REQUIRED OFF-STREET PARKING IN MANUFACTURING DISTRICTS Land Use Required Parking Spaces
Non-Residential Uses
All non-residential 2 per 1,000 sq. ft.

Ordinance No. 7,882-N.S. Page 12 of 15
Land Use Required Parking Spaces
uses except uses
listed below
Art/Craft Studio 1 per 1,000 sq. ft.

Community Care
Facility None required
Food Service
Establishment 1 per 300 sq. ft.

Library 1 per 500 sq. ft. of publicly accessible floor area Laboratories 1 per 650 sq. ft.

Nursing Home 1 per 5 residents, plus 1 per 3 employees
Medical Practitioners One per 300 sq. ft.

Large Vehicle Sales
and Rental
MU-LI District: 1.5 per 1,000 sq. ft.

All Other Districts: 1 per 1,000 sq. ft. of display floor area plus 1 per 500 sq. ft. of other floor area; 2 per service bay Manufacturing MU-R District: 1.0 per 1,000 sq. ft.

All Other Districts: 1 per 1,000 sq. ft. for spaces less than 10,000 sq. ft.; 1 per 1,500 sq. ft. for spaces 10,000 sq. ft. or more
Storage, warehousing,
and wholesale trade
1 per 1,000 sq. ft. for spaces of less than 10,000 sq. ft.; 1 per 1,500 sq. ft. for spaces 10,000 sq. ft. or more
Live/Work MU-LI District: 1 per 1,000 sq. ft. of work area where workers/clients are permitted
MU-R District: if workers/clients are permitted in work area, 1 per first 1,000 sq. ft. of work area and 1 per each
additional 750 sq. ft. of work area
Section 22. That Berkeley Municipal Code 23.324 title is hereby amended to read as follows:

Chapter 23.324

CONFORMING AND NONCONFORMING USES, STRUCTURES, BUILDINGS, AND LOTS
Section 23. That Berkeley Municipal Code 23.324.010 is hereby amended to read as follows:

23.324.010 Chapter Purpose.

Ordinance No. 7,882-N.S. Page 13 of 15
This chapter establishes regulations for conforming and nonconforming lots, uses, structures, and buildings. These regulations are intended allow for:

A. The development and use of lawful nonconforming lots; B. Changes to nonconforming uses and the termination of abandoned uses; C. Maintenance, repair, and expansion of nonconforming structures and buildings; and D. Alterations to nonconforming structures and buildings when needed for public safety.

Section 24. That Berkeley Municipal Code 23.324.050 section title is hereby amended to read as follows:

23.324.050 Conforming and Nonconforming Structures and Buildings Section 25. That Berkeley Municipal Code 23.324.050(F)(4)(a) is hereby amended to read as follows:
(a) A conforming or nonconforming residential-only structure or building with four residential units or less, including any accessory structures or buildings, that is involuntarily damaged or destroyed may be replaced or reconstructed with a Zoning Certificate.

Section 26. That Berkeley Municipal Code 23.502.020(C)(17) is hereby amended to read as follows:

17. Community Care Facility. A state-licensed facility for the non-medical care and supervision of children, adolescents, adults or elderly persons. This use includes community care facilities as defined in California Health and Safety Code (H&SC) Section 1500 et seq, residential care facilities for the elderly (H&SC Section 1569 et seq.), facilities for the mentally disordered or otherwise handicapped (California Welfare and Institutions Code Section 5000 et seq.), alcoholism or drug abuse recovery or treatment facilities (H&SC Section 11834.02), and other similar facilities. This use excludes medical care institutions, skilled nursing facilities, nursing homes, foster homes, family day care homes, child care facilities, supportive housing, and transitional housing.

Section 27. That Berkeley Municipal Code 23.502.020(E)(3) is hereby amended to read as follows:

Ordinance No. 7,882-N.S. Page 14 of 15

3. Emergency Shelter. Temporary lodging for homeless persons with minimal supportive services that may include 24-hour services and may be limited to occupancy of six months or less as defined in Health and Safety Code Section 50801(e)).

Section 28. That Berkeley Municipal Code 23.502.020(F)(3) is hereby amended to read as follows:

3. Family Day Care Home. An establishment providing day care for 14 or fewer children in a dwelling unit as licensed by the California Department of Social Services. A family day care home is considered an activity allowed as part of residential use in any zoning district in which residential uses are either permitted or conditionally permitted.

Section 29. That Berkeley Municipal Code 23.502.020(H)(10) is hereby amended to read as follows:

10. Household. One or more persons, whether or not related by blood, marriage, or adoption, with common access to and use of all living, kitchen, and eating areas within a single dwelling unit.

Section 30. That Berkeley Municipal Code 23.502.020(L)(21) is hereby added as follows:

21. Low Barrier Navigation Center. A temporary, low-barrier-to-entry shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, healthy services, shelter, and housing. Low barrier includes best practices to reduce barriers to entry, such as allowing partners, pets, storage of personal items, and privacy pursuant to California Government Code Section 65660 and includes services to connect people to permanent housing through a service plan and services staffing and a coordinated entry system pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicable, of Title 24 of the Code of Federal Regulations.

Section 31. That Berkeley Municipal Code Section 23.502.020(S)(16) is hereby amended to read as follows:

Ordinance No. 7,882-N.S. Page 15 of 15

16. Single-Family Dwelling. A building designed for and occupied exclusively by one household, or may provide accommodations for six or fewer employees as “employee housing” pursuant to Healthy and Safety Code Section 17021.5 Section 32. That Berkeley Municipal Code Section 23.502.020(S)(32) is hereby amended to read as follows:

32. Supportive Housing. As defined in Health and Safety Code 50675.14(b)(2), housing with no limit on length of stay that is occupied by the target population as defined in Health and Safety Code 50675.14(b)(3) and linked to on- or off-site services that assist the supportive housing residents in retaining the housing, improving their health status, and maximizing their ability to live and, when possible, work in the community.

Section 33. 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 July 11, 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.

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
July 25, 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 June 6 (regular), June 13 (regular), June 20 (special closed and special) and June 27 (regular)

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

1. June 6, 2023 – Regular Council Meeting

2. June 13, 2023 – Regular Council Meeting

3. June 20, 2023 – Special Closed Council Meeting

4. June 20, 2023 – Special (WS) Council Meeting

5. June 27, 2023 – Regular Council Meeting

Tuesday, June 6, 2023 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, June 6, 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/1605182859 . 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: 160 518 2859. 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 1

Tuesday, June 6, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:03 p.m.

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

Absent: Kesarwani, Bartlett
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 Ms. Omania’s Zero Waste Class at Oxford Elementary

2. Recognition of the Juneteenth Holiday on June 19, 2023

3. Recognition of Berkeley’s Juneteenth Festival
City Auditor Comments:

Jenny Wong, City Auditor, provided an update, including the recent national award for the Berkeley Auditor’s Office work on the Police Overtime Audit, and the introduction of the new public whistleblower program.

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

Action: M/S/C (Arreguin/Hahn) to accept an urgency item from Councilmember Hahn pursuant to Government Code Section 54954.2(b)(2) entitled Resolution to Honor June 2023 as LGBTQ+ Pride Month.

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

Tuesday, June 6, 2023 MINUTES Page 3
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 6 speakers.

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

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

Recess 7:31 p.m. – 7:52 p.m.

Urgent Item: Resolution to Honor June 2023 as LGBTQ+ Pride Month From: Councilmember Hahn (Author), Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Taplin (Co-Sponsor) Recommendation: Adopt a Resolution to honor June as LGBTQ+ Pride Month in the City of Berkeley and authorize the City Manager to fly the Rainbow Flag every year in the month of June.

Financial Implications: None
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Adopted Resolution No. 70,870–N.S.

1. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 6, 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 - $1,061,394
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

Consent Calendar
Tuesday, June 6, 2023 MINUTES Page 4

2. Shelter Plus Care Program Renewal Grants
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to receive funds and execute any agreements and amendments resulting from the renewal of the following grants: 1. Two Shelter Plus Care grants from U.S.

Department of Housing and Urban Development (HUD): a) $3,949,021 for Supportive Housing Collaborative Project (SHC) for the period June 1, 2023 through May 31, 2024; b) $2,327,914 for COACH Project (COACH) for the period of January 1, 2023 through December 31, 2023. 2. One federal Shelter Plus Care grant received via Alameda County in a not-to-exceed amount of $881,045 to provide tenant-based rental assistance to individuals who are chronically homeless and disabled from March 1, 2023 through February 28, 2024.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,871–N.S.

3. Request for Proposal for Martin Luther King, Junior (MLK) House From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to: 1. Release a Request for Proposals (RFP) seeking a new owner/operator for Martin Luther King, Junior (MLK) House currently owned by Resources for Community Development (RCD); and 2. Consider the reallocation of $1,178,974 in 2021 Housing Trust Fund (HTF) Rehabilitation Funding initially awarded to RCD to the new owner/operator of MLK House as part of the transfer of property to help support rehabilitation of the existing housing.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,872–N.S.

4. Grant Application: The Surrendered and Abandoned Vessel Exchange (SAVE) Grant Program of the California Division of Boating & Waterways From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to 1) Apply for and accept a grant in the amount of $60,000 from the California Division of Boating & Waterways (“DBW”) Surrendered and Abandoned Vessel Exchange (SAVE) grant program for the removal and disposal of anticipated abandoned vessels located at the Berkeley Marina; 2) Execute any amendments; and 3) Authorize a local match contribution of $6,000.

Financial Implications: Grant - $60,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,873–N.S.

Consent Calendar
Tuesday, June 6, 2023 MINUTES Page 5

5. Contract Amendments for As-needed Trees Services with Bay Area Tree, Hamilton Tree, Professional Tree, and West Coast Arborist From: City Manager
Recommendation: Adopt four Resolutions authorizing the City Manager to amend contracts with Bay Area Tree Specialists (31900202), Hamilton Tree Service (31900193), Professional Tree Care (31900212), and West Coast Arborists (31900218), for as-needed tree services, increasing the amount by $250,000 each.

Financial Implications: See report.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,874–N.S. (Bay Area Tree), Resolution No. 70,875–N.S. (Hamilton Tree), Resolution No. 70,876–N.S. (Professional Tree), and Resolution No. 70,877–N.S. (West Coast Arborists).

6. Donation from the Bessemer Trust for Tree Planting
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $7,105 for tree planting at Indian Rock Park and John Hinkel Park from the Bessemer Trust.

Financial Implications: $7,105 (Donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,878–N.S.

7. Contract: Rebuilding Together East Bay North for Just Transition Pilot Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to award a contract and execute any amendments, extensions, or change orders with Rebuilding Together East Bay North (RTEBN) in an amount not to exceed $1,500,000 to develop and implement a Just Transition Pilot Program over a two-year period.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 70,879–N.S.

8. Contract No. 32000020 Amendment: Rincon Consultants, Inc. for On-Call Planning and Environmental Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000020 with Rincon Consultants, Inc. to prepare an addendum to the 2023-2031 Housing Element Update Environmental Impact Report (EIR) for the Southside Zoning Implementation Program, increasing the contract amount by $61,000 to a new total not-to-exceed contract amount of $2,061,000.

Financial Implications: See report.

Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 70,880–N.S.

Consent Calendar
Tuesday, June 6, 2023 MINUTES Page 6

9. Berkeley City Auditor Whistleblower Program
From: Auditor, Mayor Arreguin (Co-Sponsor), Councilmember Kesarwani (Co- Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation: Adopt a Resolution to support and endorse the City Auditor’s plan to implement a Whistleblower Program. Consistent with the implementation plan, the City Auditor is currently requesting authorization to hire one additional Audit Manager.

Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Adopted Resolution No. 70,881–N.S.

Council Consent Items
Tuesday, June 6, 2023 MINUTES Page 7

10. Referral to City Manager and City Attorney: Tenant Habitability Plan and Amendments to Relocation Ordinance (Reviewed by the Land Use, Housing, & Economic Development Committee)
From: Mayor Arreguin (Author)
Recommendation:

1. Refer to the City Manager and City Attorney to review and develop proposed amendments to the Berkeley Municipal Code to require a Tenant Habitability Plan for major construction or renovation at tenant occupied properties. Proposed language modeled after the City of Los Angeles’ Tenant Habitability Plan requirements is attached for consideration. The City Manager should also return with information on the costs and staffing needs for implementation for future budget discussions.

2. Refer to the City Manager and City Attorney recommendations from the 4x4 City Council/Rent Board Joint Committee on Housing for amendments to the City’s Relocation Ordinance, BMC Chapter 13.84 to strengthen and improve enforcement of the ordinance.

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

1. Refer to the City Manager and City Attorney to review and develop proposed amendments to the Berkeley Municipal Code to require a Tenant Habitability Plan for major construction or renovation at tenant occupied properties. Proposed language modeled after the City of Los Angeles’ Tenant Habitability Plan requirements is attached for consideration. The City Manager should also return with information on the costs and staffing needs for implementation for future budget discussions. The committee further recommends that the City Manager establish an interdepartmental working group, including staff from Planning, HHCS, and the Rent Board.

2. Refer to the City Manager and City Attorney recommendations from the 4x4 City Council/Rent Board Joint Committee on Housing for amendments to the City’s Relocation Ordinance, BMC Chapter 13.84 to strengthen and improve enforcement of the ordinance.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Councilmembers Hahn, Harrison, and Robinson added as co-sponsors.

Approved as recommended by the Land Use, Housing, & Economic Development Committee.

Council Consent Items
Tuesday, June 6, 2023 MINUTES Page 8

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

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Item continued to June 13, 2023, including revised materials in Supplemental Communications Packet #1 from Mayor Arreguin.

12. Budget Referral: Additional Street Maintenance Funding to Improve Pavement Condition, Saving Tax Dollars and Our Streets (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee) From: Councilmember Kesarwani (Author), Councilmember Humbert (Co- Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Wengraf (Co- Sponsor)
Recommendation: Refer to the FY 2023-25 biennial budget process to further increase the street paving budget by $4.7 million General Fund in FY 2024-25 for a total street paving budget of approximately $20 million in FY 2024-25.

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

Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 Action: Approved as recommended by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee.

13. Bench Donation: 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 $3500 from Vice Mayor Bartlett for creating a community bench in memory of the efforts of community members made in 2020 on the Black Lives Matter movement, with funds relinquished to the City’s General Fund for this purpose from the discretionary council office budget of Vice Mayor Bartlett and any other Councilmembers who would like to contribute.

Financial Implications: Councilmember's Discretionary Funds - $3,500 Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Adopted Resolution No. 70,882–N.S.

Council Consent Items
Tuesday, June 6, 2023 MINUTES Page 9

14. Berkeley Juneteenth Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Bartlett (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of funds, including $1000 from Vice Mayor Bartlett for pre-planning of the Berkeley Juneteenth Festival (organized by Berkeley Juneteenth Association, Inc. 501(c)3), with funds relinquished to the City’s General Fund for this purpose from the discretionary council office budget of Vice Mayor Bartlett and any other Councilmembers who would like to contribute.

Financial Implications: Councilmember's Discretionary Funds - $1,000 Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Adopted Resolution No. 70,883–N.S. amended to include contributions from the following Councilmembers up to the amounts listed: Mayor Arreguin - $250; Councilmember Harrison - $250; Councilmember Hahn - $300; Councilmember Robinson - $250; Councilmember Wengraf - $350; Councilmember Taplin - $1,000; Councilmember Humbert - $300.

15. Refer $7,000 to the June 2023 Budget Process to Purchase Marking Equipment to Engrave Identification Numbers onto Catalytic Converters From: Councilmember Harrison (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Referral to the June 2023 Budget Process for $7,000 to purchase marking equipment to engrave identification numbers onto catalytic converters to deter theft and assist with investigations and recovery efforts.

Financial Implications: $7,000
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Approved recommendation.

16. Referring $15,000 to the June 2023 Budget Process for a City Recreational Vehicle Pump-Out Station
From: Councilmember Harrison (Author)
Recommendation: Refer $15,000 to the June 2023 Budget Process in Measure P funds for City recreational vehicle pump-out station, including minimal staffing costs, liability, maintenance, and replacement costs to allow individuals to discharge effluent waste directly into the City’s sewer system.

Financial Implications: $15,000
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Approved recommendation revised to change the amount to $94,000.

Council Consent Items
Tuesday, June 6, 2023 MINUTES Page 10

17. Support for SB-233 (Skinner)
From: Councilmember Wengraf (Author), Councilmember Harrison (Co- Sponsor), Councilmember Hahn (Co-Sponsor), Councilmember Bartlett (Co- Sponsor)
Recommendation: Approve a letter to Senator Skinner in support of SB-233 (Skinner) Electric vehicles and electric vehicle supply equipment: bidirectional capability, and send copies to Assemblymember Wicks and Governor Newsom.

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

Action Calendar – Public Hearings
Tuesday, June 6, 2023 MINUTES Page 11

18. Bird Safe Building Requirements; Adding Berkeley Municipal Code Section

23.304.150
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt first reading of an ordinance adding Berkeley Municipal Code Section 23.304.150 establishing Bird Safe Building requirements (“bird safe requirements”) for projects that require a building permit.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 43 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.

Action: M/S/C (Wengraf/Arreguin) to:
1) adopt first reading of Ordinance No. 7,864–N.S. as amended in the revision submitted by Councilmember Harrison in Supplemental Communications Packet #2 and further amended at meeting as noted below. Second reading scheduled for June 27, 2023.
 Added exemption for landmarks and structures of merit.  Amended applicable building locations to include building features between the ground and 75 feet above grade.
 Added exemption for residential or mixed-use projects 35 feet or less in height and/or less than 10,000 square feet of gross floor area.  Amended phase-in period for non-residential buildings with lower hazard facades from January 1, 2025 to July 1, 2025.
 Added exemption for affordable housing projects, including High-Risk Features; and
2) Refer to the City Manager to provide the City Council a report on the bird safe building requirements no sooner than three years after effective date of this ordinance, including the following:

1. An update on the implementation of the ordinance and the costs, availability, and market for bird safe glass.

2. Review of the entire ordinance including but not limited to changing the applicability of the ordinance; and
3) Refer to the City Manager to explore providing applicants information on the bird safe building requirements and encourage voluntary compliance for projects not subject to the ordinance; and
4) Authorize the City Manager to make clarifying, non-substantive edits to the ordinance to meet the direction and intent of the Council’s action.

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

Action Calendar – New Business
Tuesday, June 6, 2023 MINUTES Page 12

19. 2022 Police Equipment & Community Safety Ordinance Annual Report From: City Manager
Recommendation: Adopt a Resolution approving the 2022 Equipment Ordinance Annual Report.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Moved to Consent Calendar. Adopted Resolution No. 70,884–N.S.

Information Reports

20. Police Overtime Audit Report Wins National Recognition From: Auditor
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 3 speakers.

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

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

Adjourned at 10:31 p.m.

I hereby certify that the forgoing is a true and correct record of the regular meeting held on June 6, 2023.
_________________________
Mark Numainville, City Clerk
Communications
Item # 18: Bird Safe Building Requirements; Adding Berkeley Municipal Code Section 23.304.150

1. Teresa Ely, on behalf of the Golden Gate National Parks Conservancy

2. Bonnie Lewkowicz

3. Lucy Kenyon

4. Jeannette Kortz

5. Marie Mika

6. Janet Johnson

7. Tom Kelly

8. Victor Ichioka

9. Cathy Condon

Tuesday, June 6, 2023 MINUTES Page 13

10.Marista Jarvis

11.Deborah Crooks

12.Amanda Noguera

13.Margo Schueler

14.Hilla Abel

15.Lucas Tobin

16.Emma Cox

17.Karen Rothblatt (2)

18.Birgit Graeve

19.Keith Johnson

20.O’Brien Thiele

21.Katrina Lundstedt

22.Mary Lynn Morales

23.Charlene Woodcock

24.Sheila Metcalf Tobin

25.Jan and Steven

26.Robert Keller

27.Kim Thompson

28.Isabelle Gaston

29.Miriam Fabbri

30.Kathleen Clancy

31.Wendy Bloom

32.Eric Friedman

33.Peggy Scott

34.Linda Burden

35.Patricia Long

36.Bobbi Sloan

37.Melina Howard-Herrarte, on behalf of the Sierra Club

38.Mary Frank

39.Janice Murota

40.Lois Cantor

41.Elizabeth McAnally

42.Merle Norman

43.Andrew Chan

44.Deborah Green

45.Basak Altan

46.Jenny White

47.Juli Dickey

48.Richard Peterson

49.Cheryl Fippen

50.Pamela Nudel

51.Russ Greene

52.Irene Rice

53.Alex Stec

54.Amy Dunn

55.Brenda Wallace

Tuesday, June 6, 2023 MINUTES Page 14

56.Nancy Yates

57.Michelle Squitieri

58.Kelsey Seymour

59.Alicia Telford

60.Andrea Aidells

61.Sherry Reson

62.Sheila Goldmacher

63.Sylvia Soriano

64.Donald Goldmacher

65.Miranda Ewell

66.Ariel Smith-iyer

67.Linda Zagula

68.Jeff White

69.Melissa Quilter

70.Natalie Nussbaum

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

72.Allison Kidder

73.Scott Loss

74.Joshua Bradt

75.Analicia Hawkins

76.Noreen Weeden, Golden Gate Audubon Conservation Committee

77.Eva Shu

78.Beverly Tharp

79.Lovell Jarvis

80.Gianna Ranuzzi

81.Bonnie Borucki, on behalf of We Bee Gardner’s

82.Kelly Hammargren

83.Linda Currie

84.Erin Diehm

85.Sally Nelson

86.Carla Woodworth

87.Pam Stello

88.Pierre Thiry

89.Selma Danskin

90.Glenn Phillips, on behalf of Golden Gate Audubon

91.Helen Morgan

92.Janet Carpinelli

93.Laura Watkins
Unhoused Becoming Unhinged

94.Jeff Morgan, on behalf of Covenant Wines

95.Farley Gwazda

96.Councilmember Kesarwani
Berkeley Police Chief

97.Karen Libby

98.Diana Andreeva

Tuesday, June 6, 2023 MINUTES Page 15

99.Josh Buswell-Charkow
100. Tom Attar
101. Janice Schroeder
102. Margot Smith
Ambulance Service in North Berkeley
103. Varya Simpson
104. Stefanie and William Guynn
105. Peggy Mendelson
106. Tom Burns
107. Rhyena Halpern
108. Hubert von Marschall
109. Susan Matisoff
110. Barbara Lanier
Housing
111. Melinda Howard-Herrarte, Chair, Northern Alameda County Sierra Club Commission Vacancies at Human Welfare and Community Action 112. David Knight, CalCAPA
3000 Shattuck Project
113. Larisa Cummings
Chess Club
114. Jeffery Mitchell
Decriminalize Psychedelics
115. Esther Lerman
Domestic Violence
116. Linda Xyz
African American Holistic Resource Center
117. Walter Wood
118. Moni Law
Mental Health Crisis
119. Fred Dodsworth
Sidewalk Safety
120. John Cooke
Keep California Public Transit Moving
121. Dulanya Cooray

Tuesday, June 6, 2023 MINUTES Page 16
Neighborhood Watch
122. Vivian Warkentin
2023 Dilemma
123. Carolyn E. Moore
Tax/Fee Freeze
124. Barbara Gilbert (2)
Senior Artists’ Colony
125. Joann Sullivan
Crosswalk at 6th and Addison
126. Rebecca Herman
Police Accountability Board Budget Recommendations
127. Hansel Aguilar
Invitation to Attend Police Accountability Board Meeting 128. Hansel Aguilar
Hopkins Corridor
129. Carol Hirth
130. Kathleen Davis
131. Josie Gerst
132. Kay Englund
133. Leni Siegel
134. Stephen Wood
135. Susan Taylor
136. Cindi Goldberg
137. Verna Winters
138. Howard Goldberg
139. Pamela Zelnik
140. Lee Bishop
141. John Parman
142. Dorothea Dorenz
143. Karen Gordon
144. Melinda Howard-Herrarte, on behalf of Sierra Club
Pavement Smoothness and Fuel Efficiency
145. David Lerman
UA Theatre
146. Arlene Owseichik
Cesar Chavez and Dolores Huerta Tribute Site

Tuesday, June 6, 2023 MINUTES Page 17
147. Beatriz Leyva-Cutler
Offices to Housing
148. Merry Selk
Bayer - Amended and Restated Development Agreement Year One Reporting 149. Jennifer Cogley, Bayer Community Relations
Gas Leaf Blowers
150. Gary VanderPol
Vietnam Era Veteran
151. Will Elliott
Help Rachida To Find Housing
152. Birgit Graeve
Lithium Ion Battery Information
153. David Sprague, Berkeley Fire Chief
Asking Assistance with Criminal Justice and Accountability for Injury 154. Benjamin Stein
Keep Masks in Health Care + COVID Safety
155. Sophie
Wednesday Threat Alert at Urban Adamah
156. Adam Weisberg
157. Councilmember Harrison
URL’s Only
158. Vivian Warkentin
159. Kevin Burke
Supplemental Communications and Reports 1
Item # 11: Amendments to the COVID-19 Emergency Response Ordinance 160. Supplemental material, submitted by Mayor Arreguin Item # 18: Bird Safe Building Requirements; Adding Berkeley Municipal Code Section 23.304.150
161. Katharine Bierce
162. Melanie Bowden
163. Lara Rachowicz
164. Diana Bohn
165. Cassandra
166. Sharol Embry

Tuesday, June 6, 2023 MINUTES Page 18
167. Anne Rowe
168. Kimberly Young
169. Peggy Mulligan
170. Alexandra Ozols
171. Sarah Hinds
172. Melanie Lutz
173. Alan Ashbaugh
174. Nel Benningshof
175. Diana Bohn
176. Ray Zhu
177. Pamela Glassoff
178. Judy Noddin
179. Sandra Morey
180. Andrea Matsushima
181. Anita Pereira
182. Patricia Kale
183. Rick Gaston
184. Kathy Kramer
185. Bernard Marszalek
186. Carol Hirth
187. Heather Sabin
188. Donna Sharee
189. Robert Hall
190. Susan Payne
191. Janice Tweedy
192. Kate Stenberg
193. Becca Todd
194. Allison Levin
195. Joe Marsala
196. Delia Taylor
197. Sally Tobin
198. Janet Byron
199. Jennifer Kern
200. Harrison
201. Kelly Hammargren
202. Mari Vlastos
203. Ellen O’Donnell
204. Sally de Becker
Supplemental Communications and Reports 2
Item # 18: Bird Safe Building Requirements; Adding Berkeley Municipal Code Section 23.304.150
205. Revised material, submitted by Councilmember Harrison 206. Supplemental material, submitted by Councilmember Kesarwani 207. Jennifer Steele
208. Kelly Hammargren

Tuesday, June 6, 2023 MINUTES Page 19
209. Lois Yuen
210. Sally Nelson
211. William Barclay
212. Cathy Fogel
213. Zipporah Collins
214. Christopher Kroll
215. Sierra Glassmab
216. Jaewon Lee
217. Judith Dunham
218. Sharon Anderson
219. Jonathan Wieder
220. Sally Wong
221. TM Scruggs
222. Linda Zagula
223. David Jaber
224. Penny Barron
225. Jesse Greenspan
226. Sylvia Hawley
227. Deborah Finch
228. Jonathan Curley
229. Laura Klein
230. Charles Byrne
231. Peg Bogle
232. Meredith Hall
233. Steve Robey
234. Roshann Wallen
235. Alan Ramo
236. Cindy Shamban
237. Chad Wilsey
238. Keith Johnson
Honoring June 2023 as LGBTQ+ Pride Month
239. Urgent Item submitted by Councilmembers Hahn and Bartlett (Authors) and Mayor Arreguin and Councilmember Taplin (Co-sponsors)
Item #18: Bird Safe Building Requirement; Adding Berkeley Municipal Code section

23.304.150
240. 462 Communications submitted via Berkeley Considers, includes summary information
Supplemental Communications and Reports 3
Item # 18: Bird Safe Building Requirements; Adding Berkeley Municipal Code Section 23.304.150
241. Presentation, submitted by Planning Department
242. Marianne Jensen
243. Jacqueline Lasahn
244. Bet Muth

Tuesday, June 6, 2023 MINUTES Page 20
245. Kelly Hammargren
246. Xander Boutelle
247. Leeor Neta
248. Miranda Ewell
249. Jan Murota
250. Wanda Warkentin
251. Daniel Klem
252. Peter Saenger, on behalf of Acopian Center for Ornithology 253. Christine Sheppard, on behalf of American Bird Conservancy 254. Liz Varnhagen
255. Erin Diehm
256. Gregory Kalkanis
257. Jaine Gilbert
258. Ingrid Crickmore
259. Rhea Sundqvist
260. Ariella Seidenberg
261. Timothy O’Connell
262. Glenn Phillips, on behalf of the Golden Gate Audubon Society Miscellaneous
263. Benjamin Stein
264. Mr. Eid

Tuesday, June 13, 2023 MINUTES Page 1

MINUTES

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

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

JESSE ARREGUIN, MAYOR
Councilmembers:

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

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1613410530. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 341 0530. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

This 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

Tuesday, June 13, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:07 p.m.

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

Absent: Bartlett, Arreguin
Mayor Arreguin present at 7:13 p.m.

Councilmember Bartlett present at 7:26 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. Adjourned the Meeting in Memory of James Henry Jacobs, Jr., Berkeley’s First African-American Librarian
City Manager Comments: None
Public Comment on Non-Agenda Matters: 5 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 5 speakers.

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

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

Recess 6:57 p.m. – 7:13 p.m.

Consent Calendar
Tuesday, June 13, 2023 MINUTES Page 3

1. Re-Vote to Adopt the Final Ordinance to Amend the Miscellaneous CalPERS Contract to Effectuate PEPRA Cost Sharing Agreements
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,863 N.S. – the final Ordinance amending the City’s contract with CalPERS to effectuate changes to the cost sharing agreement between the City and PEPRA members of Service Employees International Union, Local 1021 Maintenance and Clerical (SEIU MC), SEIU Local 1021 Community Services & Part-Time Recreation Leaders Association (CSU/PTRLA), Public Employees Union Local 1 (Local 1), and the Unrepresented Employees group – in compliance with Government Code Section 20471.

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

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

2. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on June 13, 2023
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

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

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

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted Resolution No. 70,885–N.S.

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

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 7,865–N.S. Second reading scheduled for June 27, 2023.

Consent Calendar
Tuesday, June 13, 2023 MINUTES Page 4

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

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, David Sprague, Fire, (510) 981- 3473
Action: Adopted first reading of Ordinance No. 7,866–N.S. Second reading scheduled for June 27, 2023.

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

0.0050%.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 7,867–N.S. Second reading scheduled for June 27, 2023.

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

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 7,868–N.S. Second reading scheduled for June 27, 2023.

Consent Calendar
Tuesday, June 13, 2023 MINUTES Page 5

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

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 7,869–N.S. Second reading scheduled for June 27, 2023.

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

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 7,870–N.S. Second reading scheduled for June 27, 2023.

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

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 7,871–N.S. Second reading scheduled for June 27, 2023.

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

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 7,872–N.S. Second reading scheduled for June 27, 2023.

Consent Calendar
Tuesday, June 13, 2023 MINUTES Page 6

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

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 7,873–N.S. Second reading scheduled for June 27, 2023.

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

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Adopted first reading of Ordinance No. 7,874–N.S. Second reading scheduled for June 27, 2023.

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

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,886–N.S.

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

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,887–N.S.

Consent Calendar
Tuesday, June 13, 2023 MINUTES Page 7

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

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

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,888–N.S.

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

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,889–N.S.

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

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,890–N.S.

Consent Calendar
Tuesday, June 13, 2023 MINUTES Page 8

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

Financial Implications: General Fund - $120,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,891–N.S.

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

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 70,892–N.S.

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

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,893–N.S. (District No. 1982-1), and Resolution No. 70,894–N.S. (District 2018).

Action Calendar – Public Hearings
Tuesday, June 13, 2023 MINUTES Page 9

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

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

Financial Implications: None
Contact: Sam Harvey, Commission Secretary, (510) 981-6950 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 (Humbert/Taplin) to adopt the first reading of Ordinance No. 7,875– N.S. Second reading scheduled for June 27, 2023.

Vote: All Ayes.

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

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Public Testimony: The Mayor opened the public hearing. 13 speakers.

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

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

Councilmember Bartlett absent 9:41 p.m. – 9:43 p.m.

Recess 9:43 p.m. – 9:50 p.m.

Action: Presentation made and discussion held. No action taken.

Action Calendar – Old Business
Tuesday, June 13, 2023 MINUTES Page 10

24. Surveillance Ordinance items related to Fixed Surveillance Cameras and Unmanned Aerial Systems (UAS) (Continued from May 23, 2023) (Item contains Revised and Supplemental Material)
From: City Manager
Recommendation: Adopt a Resolution approving the Surveillance Ordinance items related to Fixed Surveillance Cameras and Unmanned Aerial Systems (UAS).

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

Vote: All Ayes.

Action: 22 speakers. M/S/C (Taplin/Harrison) to adopt Resolution No. 70,895–N.S. approving the Surveillance Ordinance items related to Fixed Surveillance Cameras and Unmanned Aerial Systems (UAS) as amended in Supplemental Communications Packet #2 by Mayor Arreguin with the additions from Councilmember Humbert and the recommended changes from the City Attorney’s Office; and to make corresponding changes to Policy 1304.

Vote: All Ayes.

Action Calendar – New Business
Tuesday, June 13, 2023 MINUTES Page 11

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

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700, Sharon Friedrichsen, Budget Manager, (510) 981-7000, Liam Garland, Public Works, (510) 981-6300
Action: M/S/C (Arreguin/Harrison) to suspend the rules and extend the meeting to 11:45 p.m.

Vote: All Ayes.

Action: 26 speakers. M/S/C (Arreguin/Harrison) to approve the recommendation of the Budget & Finance Committee to cover the Measure T1 funding gap, inclusive of the 6,000 square foot African American Holistic Resource Center project, as follows:
 Use $4,050,000 from the Workers Compensation Fund;
 Use $2,800,000 of $6,750,000 allocated for the Hopkins Bike/Pedestrian T1 Project;
 Use $500,000 from the North Berkeley Senior Center (NBSC) Solar Battery Storage T1 Project;
 Use $643,899 of $1,293,889 from the Street/ Intersection Security Camera Project (General Fund (GF); and
 Use $666,101 of $1,300,000 from Fire Station 6 T1 Project.

Vote: All Ayes.

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

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: 2 speakers. M/S/C (Arreguin/Hahn) to adopt the first reading of Ordinance No. 7,876–N.S as amended in Supplemental Communications Packet #2 by Mayor Arreguin. Second reading scheduled for June 27, 2023.

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

Tuesday, June 13, 2023 MINUTES Page 12
Public Comment – Items Not Listed on the Agenda - 0 speakers.

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

Vote: All Ayes.

Adjourned at 11:42 p.m.

I hereby certify that the forgoing is a true and correct record of the regular meeting held on June 13, 2023.
_________________________
Mark Numainville, City Clerk
Communications
Item #24: Surveillance Ordinance items related to Fixed Surveillance Cameras and Unmanned Aerial Systems (UAS)

1. John Parman

2. Christoverre Koher (2)

3. Carole Marasovic
Crime in Berkeley is Unacceptable

4. Tamara Birdsall

5. Dorothea Dorenz
Appreciation of Sergeant Perkins Badge #57

6. Anthony Johnson
Ellis Street Reparations Now – Mural Restoration

7. Catherin Huchting, et al
People’s Park

8. Wendy Stephens
Artists Affordable Housing Certification Program

9. Kathryn Reasoner
Use Permit for 3000 Shattuck

10.Lynn Cooper
Traffic Calming Henry Street Area

11.Simone Hoelck

Tuesday, June 13, 2023 MINUTES Page 13
$5.1M for the Waterfront

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

13.Anneata Williams, ABC
UC’s EIR at People’s Park

14.Joe Liesner
Police Accountability Board

15.Bill Williams
Ashby BART Station RFP and Reparative Investments

16.South Berkeley Now
Lessons from a Renters’ Utopia (NY Times)

17.Jack Kurzweil

18.Joe Berry
Cal Sailing Club Volunteer

19.Onaje Boone
UA Theater

20.Robert Cooper
Rent Control

21.Platon Yerofeyev
Targeted Justice

22.Special K
“Youth Peace” Campaign in California

23.Douglas Wain, on behalf of Youth Peace
Jail Time Affecting Credit Scores

24.Lavell Young
Supplemental Communications and Reports 1
Item #24: Surveillance Ordinance items related to Fixed Surveillance Cameras and Unmanned Aerial Systems (UAS)

25.Dorothea Dorenz
Supplemental Communications and Reports 2
Item #23: FY 2024 Proposed Budget Update Public Hearing #2

26.Supplemental material, submitted by the City Manager

27.Letter of Support for African-American Holistic Resource Center

Tuesday, June 13, 2023 MINUTES Page 14
Item #24: Surveillance Ordinance items related to Fixed Surveillance Cameras and Unmanned Aerial Systems (UAS)

28.Supplemental material, submitted by Councilmember Taplin and Wengraf

29.Supplemental material, submitted by Mayor Arreguin

30.Priyanka

31.Ms. K

32.Kimberly Damer

33.Gregory Kalkanis

34.Jasmine Smith

35.Jill Travis

36.Carmen Sandgren

37.Lisa Tsering

38.Valarie Phillips

39.Elizabeth Areiza

40.Paula Reeves

41.Grace Hartman

42.SafeBears Info

43.Mary Chow

44.10 similarly-worded form letters
Item #25 Provide Direction on Closing the Funding Gap to Complete Remaining Measure T1 Projects

45.Revised material, submitted by Councilmember Kesarwani Item #A: Amendments to the COVID-19 Emergency Response Ordinance

46.Revised material, submitted by Mayor Arreguin

47.Supplemental material, submitted by Mayor Arreguin (originally submitted for the June 6, 2023 Council meeting)
Supplemental Communications and Reports 3
Item #14: Contract: Berkeley Unified School District for Mental Health and Wellbeing Coordinator at Berkeley High School

48.Todd Andrew
Item #23: FY 2024 Proposed Budget Update Public Hearing #2

49.Presentation, submitted by the City Manager’s Office Item #24: Surveillance Ordinance items related to Fixed Surveillance Cameras and Unmanned Aerial Systems (UAS)

50.Berkeley Police Department

51.Todd Andrew

52.Steve Kromer

53.Christine Staples

54.Grace Morizawa, Chair, Peace and Justice Commission

55.Monika Mann

56.Elana Auerbach

57.Toni Mester

Tuesday, June 13, 2023 MINUTES Page 15

58.Steve Ravellette

59.Margaret Flaherty
Item #25 Provide Direction on Closing the Funding Gap to Complete Remaining Measure T1 Projects

60.Rosa Higgs

61.Grace Morizawa, Chair, Peace and Justice Commission

62.Todd Andrew

63.Derethia DuVal

64.Friends of Adeline

65.Esther Bass

66.Lynn Cooper

67.Delores Nochi Cooper

68.Willie Phillips

69.Paola Laverde

70.Negeene Mosaed

71.David Brandon

72.Christoverre Kohler

73.Wyndy

74.Moni Law

75.Wilhelmenia Wilson

76.Cheryl Davila

77.Helen Toy

78.Lois Yuen

Tuesday, June 20, 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, JUNE 20, 2023
4:00 P.M.

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 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/1613505317. 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: 161 350 5317. 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

Tuesday, June 20, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 4:09 p.m.

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

Absent: Kesarwani, Taplin, Bartlett
Councilmember Taplin present at 4:27 p.m.

Public Comment – Limited to items on this agenda only: 0 speakers CLOSED SESSION:

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

1. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a) and 54956.9(d)(1)
a. Dresslar v. City of Berkeley, Alameda County Superior Court Case No. RG21094748 Action: M/S/C (Arreguin/Robinson) to approve a settlement in the matter of Dresslar v. City of Berkeley, Alameda County Superior Court Case No.

RG21094748, in the amount of $74,354 in exchange for a release of all claims against the City.

Vote: Ayes – Harrison, Hahn, Wengraf, Robinson, Humbert, Arreguín; Noes – None; Abstain – None; Absent – Taplin, Kesarwani, Bartlett. b. Service Employees International Union Local 1021 v. City of Berkeley California Public Employment Relations Board, Unfair Practice Charge No. SF-CE-1965-M Action: M/S/C (Hahn/Harrison) to approve a settlement in the matter of Service Employees International Union Local 1021 v. City of Berkeley, California Public Employment Relations Board, Unfair Practice Charge No. SF-CE-1965-M, wherein the City agrees to amend Administrative Regulation (AR) 2.23 in exchange for a withdrawal with prejudice of the Charge against the City.

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

2. 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
Councilmember Taplin absent at 5:20 p.m.

Action: No reportable action taken.

Tuesday, June 20, 2023 MINUTES Page 3
OPEN SESSION:

The City Council met in closed session to discuss the matter of Dresslar v. City of Berkeley, Alameda County Superior Court Case No. RG21094748, and approved a settlement of that matter in the amount of $74,354 in exchange for a release of all claims against the City.

The City Council also met in closed session to discuss the matter of Service Employees International Union Local 1021 v. City of Berkeley, California Public Employment Relations Board, Unfair Practice Charge No. SF-CE-1965-M, and approved a settlement of that matter wherein the City agrees to amend Administrative Regulation (AR) 2.23 in exchange for a withdrawal with prejudice of the Charge against the City.

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

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

Adjourned at 5:41 p.m.

I hereby certify that the forgoing is a true and correct record of the closed session held on June 20, 2023.
_________________________
Sarah Bunting, Assistant City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
 None

Tuesday, June 20, 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, June 20, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 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/1616716467. 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: 161 671 6467. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

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

Attachment 4

Tuesday, June 20, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:07 p.m.

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

Absent: Kesarwani, Taplin, Bartlett
Councilmember Bartlett present at 6:08 p.m.

Councilmember Kesarwani present at 7:06 p.m.

Worksession

1. Berkeley Economic Dashboards Update (Continued from March 14, 2023) From: City Manager
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: 4 speakers. Presentation made and discussion held.

2. Climate Action Plan and Resilience Update (Continued from March 14, 2023) From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: 9 speakers. Presentation made and discussion held.

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

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

Councilmember Kesarwani absent 8:21 p.m. – 9:13 p.m.

Adjourned at 9:13 p.m.

I hereby certify that the forgoing is a true and correct record of the special meeting held on June 20, 2023.
_________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None

Tuesday, June 20, 2023 MINUTES Page 3
Supplemental Communications and Reports 3
Item #2: Climate Action Plan and Resilience Update

1. Presentation, submitted by Planning and Development

2. Todd Andrew
Miscellaneous

3. Message from EID

Tuesday, June 27, 2023 Minutes Page 1

MINUTES

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 URL: 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 currently in effect. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Attachment 5

Tuesday, June 27, 2023 Minutes Page 2
Preliminary Matters
Roll Call: 6:07 p.m.

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

Absent: Kesarwani, Bartlett
Councilmember Bartlett present at 6:09 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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 Minutes 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.

I hereby certify that the forgoing is a true and correct record of the regular meeting held on June 27, 2023.
_________________________
Mark Numainville, City Clerk
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

Tuesday, June 27, 2023 Minutes Page 25

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)

Tuesday, June 27, 2023 Minutes Page 26
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

65.Derrick Johnson

Tuesday, June 27, 2023 Minutes Page 27

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 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

Tuesday, June 27, 2023 Minutes Page 28
Supplemental Communications and Reports 2
Item 21: Contract: ZOLL Medical Corporation for ECG Monitor/Defibrillator Support

88.Revised material, submitted by Fire Department
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

Tuesday, June 27, 2023 Minutes Page 29
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
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

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

CONSENT CALENDAR
July 25, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted By: Mark Numainville, City Clerk
Subject: Voting Delegates – League of California Cities Annual Conference

RECOMMENDATION
Designate, by motion, a voting delegate and alternate for the business meeting of the Annual League of California Cities conference to be held on Friday, September 22, 2023, in Sacramento.

FISCAL IMPACTS OF RECOMMENDATION
Conference fees of approximately $650 for the full conference or $350 for a one-day pass.

BACKGROUND
The League laws allow for any official of a member city, with the approval of the city council, to be designated the city’s voting delegate or alternate at the annual business meeting.

As designated in Resolution No. 70,630-N.S. Councilmember Taplin is the City’s representative for the League and Councilmember Humbert is the alternate.

This year’s conference is being held in Sacramento from Wednesday, September 20 through Friday, September 22, 2023. Each city is allowed to cast one vote on matters pertaining to League policy. The voting delegate or alternate must be registered for the conference.

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

CONTACT PERSON
Mark Numainville, City Clerk, 981-6900
Attachments
1: Voting Delegate Information

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org DATE: Wednesday, June 21, 2023
TO: Mayors, Council Members, City Clerks, and City Managers RE: DESIGNATION OF VOTING DELEGATES AND ALTERNATES
League of California Cities Annual Conference and Ex
po, Sept. 20-22, 2023,
Sacramento SAFE Credit Union Convention Center
Every year, the League of California Cities co
nvenes a member-driven General Assembly
at the Cal Cities Annual Conference and Expo. The General Assembly is an important opportunity where city officials can directly participate in the development of Cal Cities policy.

Taking place on Sept. 22, the General Assembly is comprised of vo ting delegates
appointed by each member city; every city has one voting delegate. Your appointed voting delegate plays an important role during the General Assembly by representing your city and voting on resolutions.

To cast a vote during the
General Assembly, your city must designate a voting
delegate and up to two alternate voting delegates, one of whom may vote if the designated voting delegate is unable to serve in that capacity. Voting delegates may either be an elected or appointed official.

Please complete the attached vot
ing delegate form and email it to Cal Cities office
no later than Monday, August 28.

New this year, we will host a pre-conference information session for voting delegates to explain their role. Su
bmitting your voting delegate form by the deadline will allow us time to establish voting delegate/alternate records prior to the conference and provide pre- conference communications with voting delegates.

Please view Cal Cities’ event and meeting policy in advance of the conference.

Action by Council Required. Consistent with Cal Cities bylaws, a city’s voting delegate and up to two alternates must be designated by the city council. When completing the attached Voting Delegate form, please at
tach either a copy of the council resolution
that reflects the council action taken or have your city clerk or mayor sign the form affirming that the names provided are those selected by the city council.

Please note that designating the voting delegate and alternates mus t be done by city
council action and cannot be accomplished by individual action of the mayor or city manager alone.

Council Action Advised by August 28, 2023

Conference Registration Required. The voting delegate and alternates must be registered to attend the conference. They need not register for the entire conference; they may register for Friday only. Conference registration is open on the Cal Cities website.

For a city to cast a vote, one voter must be present at the General Assembly and in possession of the voting delegate card and voting tool. Voting delegates and alternates need to pick up their conference badges before signing in and picking up the voting delegate card at the voting delegate desk. This will enable them to receive the special sticker on their name badges that will admit the voting delegate into the voting area during the General Assembly.

Transferring Voting Card to Non-Designated Individuals Not Allowed. The voting delegate card may be transferred freely between the voting delegate and alternates, but only between the voting delegate and alternates. If the voting delegate and alternates find themselves unable to attend the General Assembly, they may not transfer the voting card to another city official.

Seating Protocol during General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

The voting delegate desk, located in the conference registration area of the SAFE Credit Union Convention Center in Sacramento, will be open at the following times:

Wednesday, Sept. 20, 8:00 a.m.- 6:00 p.m. and Thursday, Sept. 21, 7:30 a.m.- 4:00 p.m. On Friday, Sept. 22, the voting delegate desk will be open at the General Assembly, starting at 7:30 a.m., but will be closed during roll calls and voting.

The voting procedures that will be used at the conference are attached to this memo.

Please share these procedures and this memo with your council and especially with the individuals that your council designates as your city’s voting delegate and alternates.

Once again, thank you for completing the voting delegate and alternate form and returning it to Cal Cities office by Monday, Aug. 28. If you have questions, please contact Zach Seals at [email protected].

Attachments:
• General Assembly Voting Guidelines
• Voting Delegate/Alternate Form
• Information Sheet: Cal Cities Resolutions and the General Assembly

1400 K Street, Suite 400, Sacramento, CA 95814 • 916.658.8200 • calcities.org

General Assembly Voting Guidelines

1. One City One Vote. Each member city has a right to cast one vote on matters pertaining to Cal Cities policy.

2. Designating a City Voting Representative. Prior to the Cal Cities Annual Conference and Expo, each city council may designate a voting delegate and up to two alternates; these individuals are identified on the voting delegate form provided to the Cal Cities Credentials Committee.

3. Registering with the Credentials Committee. The voting delegate, or alternates, may pick up the city's voting card at the voting delegate desk in the conference registration area. Voting delegates and alternates must sign in at the voting delegate desk. Here they will receive a special sticker on their name badge and thus be admitted to the voting area at the General Assembly.

4. Signing Initiated Resolution Petitions. Only those individuals who are voting delegates (or alternates), and who have picked up their city’s voting card by providing a signature to the credentials committee at the voting delegate desk, may sign petitions to initiate a resolution.

5. Voting. To cast the city's vote, a city official must have in their possession the city's voting card and voting tool; and be registered with the credentials committee. The voting card may be transferred freely between the voting delegate and alternates but may not be transferred to another city official who is neither a voting delegate nor alternate.

6. Voting Area at General Assembly. At the General Assembly, individuals with a voting card will sit in a designated area. Admission to the voting area will be limited to the individual in possession of the voting card and with a special sticker on their name badge identifying them as a voting delegate.

7. Resolving Disputes. In case of dispute, the credentials committee will determine the validity of signatures on petitioned resolutions and the right of a city official to vote at the General Assembly.

CITY: ________________________________________
2023 ANNUAL CONFERENCE

VOTING DELEGATE/ALTERNATE FORM
Please complete this form and return it to Cal Cities office by Monday, August 28, 2023.

Forms not sent by this deadline may be submitted to the Voting Delegate Desk located in the Annual Conference Registration Area. Your city council may designate one voting delegate and up to two alternates.

To vote at the General Assembly, voting delegates and alternates must be designated by your city council. Please attach the council resolution as proof of designation. As an alternative, the Mayor or City Clerk may sign this form, affirming that the designation reflects the action taken by the council.

Please note: Voting delegates and alternates will be seated in a separate area at the General Assembly. Admission to this designated area will be limited to individuals (voting delegates and alternates) who are identified with a special sticker on their conference badge. This sticker can be obtained only at the voting delegate desk.

1. VOTING DELEGATE
Name:

Title:

2. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _______________________________
Email: ______________________________

3. VOTING DELEGATE - ALTERNATE
Name:

Title:

Email: _____________________________

ATTACH COUNCIL RESOLUTION DESIGNATING VOTING DELEGATE AND ALTERNATES OR ATTEST: I affirm that the information provided reflects action by the city council to designate the voting delegate and alternate(s).

Name: ____________________________________ Email: _________________________________ Mayor or City Clerk: ________________________ Date: __________ Phone: ________________ (circle one) (signature)
Please complete and email this form to [email protected] by Monday, August 28, 2023.

Sixty days before the
Annual Conference and
Expo, Cal Cities members
may submit policy
proposals on issues of
importance to cities. The
resolution must have the concurrence
of at least five additional member cities
or individual members.

How it works: Cal Cities
Resolutions and the General Assembly
General Assembly
General Resolutions
Policy Committees
Developing League of California Cities policy is a dynamic process that engages a wide range of members to ensure that we are representing California cities with one voice. These policies directly guide Cal Cities advocacy to promote local decision-making, and lobby against statewide policy that erodes local control.

The resolutions process and General Assembly is one way that city officials can directly participate in the development of Cal Cities policy. If a resolution is approved at the General Assembly, it becomes official Cal Cities policy. Here’s how Resolutions and the General Assembly works.

The petitioned resolution
is an alternate method
to introduce policy
proposals during the
annual conference. The
petition must be signed by
voting delegates from 10% of member
cities, and submitted to the Cal Cities
President at least 24 hours before the
beginning of the General Assembly.

Petitioned Resolutions
The Cal Cities President
assigns general resolutions
to policy committees where
members review, debate,
and recommend positions for
each policy proposal. Recommendations are
forwarded to the Resolutions Committee.

Who’s who
The Resolutions
Committee includes
representatives from
each Cal Cities diversity
caucus, regional

division, municipal
department, policy
committee, as well as
individuals appointed by
the Cal Cities president.

Voting delegates
are appointed by each
member city; every city
has one voting delegate.

The General Assembly
is a meeting of the
collective body of
all voting delegates —
one from every

member city.

Seven Policy
Committees meet
throughout the year to
review and recommend
positions to take on

bills and regulatory
proposals. Policy
committees include
members from each Cal
Cities diversity caucus,
regional division,
municipal department,
as well as individuals
appointed by the Cal
Cities president.

During the General Assembly, voting delegates
debate and consider general and petitioned
resolutions forwarded by the Resolutions Committee.

Potential Cal Cities bylaws amendments are also
considered at this meeting.

Cal Cities policy
development is a
member-informed
process, grounded
in the voices and
experiences of city
officials throughout
the state.

For more information visit www.calcities.org/general-assembly Prior to the Annual Conference and Expo
Resolutions Committee
The Resolutions Committee
considers all resolutions.

General Resolutions approved
1 by either a policy committee
or the Resolutions Committee
are next considered by the General
Assembly. General resolutions not approved,
or referred for further study by both a policy
committee and the Resolutions Committee
do not go the General Assembly. All
Petitioned Resolutions are considered by the
General Assembly, unless disqualified.
2 • Voting delegates will receive increased communications to prepare them for their role during the General Assembly.
• The General Assembly will take place earlier to allow more time for debate and discussion.
• Improvements to the General Assembly process will make it easier for voting delegates to discuss and debate resolutions.

What’s new in 2023?
During the Annual Conference and Expo
1 The Resolution Committee can amend a general resolution prior to sending it to the General Assembly. 2 Petitioned Resolutions may be disqualified by the Resolutions Committee according to Cal Cities Bylaws Article VI. Sec. 5(f).

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
July 25, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Eleanor Hollander, Manager, Office of Economic Development Subject: Contract: Berkeley Convention and Visitor’s Bureau, d.b.a. Visit Berkeley

RECOMMENDATION
Adopt a Resolution allowing the City Manager to execute a sole source contract and any amendments with the Berkeley Convention and Visitors’ Bureau, d.b.a. Visit Berkeley, to distribute one-twelfth of annual Berkeley Transient Occupancy Tax funds to support tourism marketing and promotion for the period from July 1, 2023 through June 30, 2027 for a not to exceed amount of $3,500,000.

FISCAL IMPACTS OF RECOMMENDATION
Transient Occupancy Tax (TOT) is assessed on the room charge for rental of transient lodging when the period of occupancy is 30 days or less. Hotel guests pay the tax and it is often referred to as a “hotel tax” or fee.

In 1991, the TOT collected by the City of Berkeley was raised from 11% to 12% in order to create and fund a Convention and Visitors Bureau (CVB). The City retained their original 11% TOT to the general fund and there was no out-of-pocket expense to the City for the organization’s creation. Simultaneously, the lodging industry agreed to raise the TOT 1% with a goal that citywide strategic marketing and sales outreach would increase revenues to lodging businesses and financially benefit the City by increasing general fund revenues, sales tax, and overall economic impacts from visitor spending.

Every year, the City of Berkeley collects twelve percent (12%) TOT from lodging establishments’ short-term room rental revenues and distributes one-twelfth of the amount collected via a “TOT contract” with the Berkeley CVB, d.b.a. Visit Berkeley. The revenues are collected and the funds are expended from the General Fund using the budget code 011-21-208-251-0000-000-446-636110-. Separately, the city also maintains a Tourism Business Improvement District (or “Tourism BID”) wherein revenues realized from lodging establishments are also distributed to Visit Berkeley.1 1 Berkeley City Council, Assessments: Berkeley Tourism Business Improvement District, Item 8, May 23, 2023.

Contract: Berkeley Convention and Visitor’s Bureau, d.b.a. Visit Berkeley CONSENT CALENDAR July 25, 2023

While historically, two new separate contracts were signed every fiscal year with a Not to Exceed (NTE) amount provided by the Budget Office based on the City’s projections for TOT and Tourism BID revenues, during the COVID-19 pandemic, the City entered into a multi-year contract (approved by Council on September 14, 2021) with Visit Berkeley to distribute both true-up payments to Visit Berkeley for FY21 and pass- through TOT payments for FYs 2022-2023. Similarly, in FY20, the City entered into a contract (approved by Council on October 29, 2019) with Visit Berkeley to administer the Berkeley Tourism Business Improvement District (Tourism BID) through FY 2027 for destination promotion and tourism marketing.

It is observed that the multi-year contract format enables the Office of Economic Development (OED) to efficiently distribute TOT revenues collected by the City of Berkeley to Visit Berkeley. While the new contract will initially include the NTE amount of $3,500,000 (based on City staff’s FY 2023-27 projected general fund revenue collections for TOT), the actual funds distributed will be based on actual TOT revenues received and thus contract amendments will be executed as necessary such that the actual TOT revenues collected by the City of Berkeley can be passed through efficiently to the city’s convention and visitor’s bureau (CVB), Visit Berkeley.

CURRENT SITUATION AND ITS EFFECTS
The concept of a Berkeley CVB was presented to and approved by City Council as a Consent Item on September 24, 1991 and the CVB was incorporated as a 501(c)6, Not for Profit Mutual Benefit Corporation, known as “Visit Berkeley” that same year. Ever since, there has been a contract between the City of Berkeley and Visit Berkeley to enable the pass-through of TOT funds collected.

Council is requested to empower the City Manager to enter into a sole source contract with the Berkeley Convention and Visitors’ Bureau, d.b.a. Visit Berkeley, for NTE $3,500,000, where the amount requested reflects that:
 Visit Berkeley will be owed one twelfth of the TOT collected in Q4 FY 2023 (April - June) which has not yet been paid and is estimated to be $150,000-$250,000 based on quarterly FY23 averages (this amount is referred to as the “true-up” and is paid in the subsequent fiscal year)
 A new contract is needed to distribute one-twelfth of the FYs 2024-27 TOT revenues to Visit Berkeley for each of the four years (the City’s FY 2023 Third Quarter Revenue Report projects that TOT collections in FYs 2024-27 will result in $3,111,281 funding for Visit Berkeley over the four-year period)  Since the COVID-19 pandemic, the amount of TOT collections projected by the Finance Department has been less than the actual amount collected and thus a buffer of approximately $200,000 has been added to the not to exceed contract amount, such that a contract amendment will not be required should the actual collections exceed the TOT revenues projected for the FY24-27 period.

Contract: Berkeley Convention and Visitor’s Bureau, d.b.a. Visit Berkeley CONSENT CALENDAR July 25, 2023

The multi-year nature of the contract will make it more efficient for the City to issue “true-up” TOT payments for past and upcoming fiscal years, as tax collections for the prior fiscal year are not usually tallied until several months after the close of the prior fiscal year. While the total contract amount may be amended throughout the multi-year period, the cumulative funds distributed to Visit Berkeley will always be reconciled so they equal one twelfth of the TOT revenues collected by the City of Berkeley. For example, if an advance payment to enable Visit Berkeley’s operations in any given year exceeds the TOT amount due to Visit Berkeley for that year, the following year’s distributions will be adjusted to reflect the prior year’s overpayment.

BACKGROUND
Transient Occupancy Tax or “TOT” is levied on all lodging establishments in Berkeley.

As of May 2023, there were 19 such establishments, as some of the hotels previously involved had closed or were converted into homeless shelters. The origin of the arrangement with Visit Berkeley is detailed in the March 1991 Convention and Visitors Bureau Creation Documents and Berkeley City Council Consent Calendar, September 24, 1991. Each year, the forecasted TOT collection amount is codified in the Annual Budget (with the most recent adopted for FY 2024 on June 27, 2023) and one-twelfth of the TOT collected annually is devoted to Visit Berkeley. Office of Economic Development (OED) staff receives the annual TOT revenue projection from Budget staff in the City Manager’s Office, calculates one-twelfth of that number, and produces a contract with Visit Berkeley for that amount with a corresponding scope of work and payment schedule.

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

RATIONALE FOR RECOMMENDATION
The FY 2024-2027 TOT contract will enable the City to distribute funds owed to Visit Berkeley over a multi-year period, as per the 1991 Convention and Visitors Bureau Creation Documents.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered.

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

Eleanor Hollander, Office of Economic Development, (510) 981-7534 Attachments:
1: Resolution

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

EMPOWER THE CITY MANAGER TO EXECUTE A SOLE SOURCE CONTRACT WITH THE BERKELEY CONVENTION AND VISITORS’ BUREAU D.B.A. VISIT BERKELEY,

TO DISTRIBUTE ONE-TWELFTH OF ANNUAL BERKELEY TRANSIENT OCCUPANY

TAX (TOT) FUNDS TO SUPPORT TOURISM MARKETING AND PROMOTION FOR THE PERIOD FROM JULY 1, 2023 THOUGH JUNE 30, 2027 FOR A NOT TO EXCEED AMOUNT OF $3,500,000.

WHEREAS, the City of Berkeley collects Transient Occupancy Tax (TOT) on room charges for rental of transient lodging every year; and WHEREAS, TOT was raised from 11% to 12% to create and fund a Convention and Visitors Bureau (d.b.a. Visit Berkeley) in 1991 so strategic marketing and sales outreach would increase revenues to lodging businesses and financially benefit the City by increasing general fund revenues, sales tax, and overall economic impacts from visitor spending; and
WHEREAS, the City of Berkeley Office of Economic Development (OED) distributes one- twelfth of the TOT amount collected annually for the General Fund via a “TOT contract” with Visit Berkeley; and
WHEREAS, Visit Berkeley will not have adequate operating funds for FY 2024 activities and beyond until a new contract is signed; and
WHEREAS, the City has concurrently entered into a multi-year contract (approved by Council on October 29, 2019) with Visit Berkeley to administer the Berkeley Tourism Business Improvement District (Tourism BID) through FY 2027 for similar tourism marketing activities; and
WHEREAS, payments due to Visit Berkeley for FY23, the City’s FY 2024-27 budget revenue projections for TOT, and Visit Berkeley’s estimates for FY 2024-27 project equal approximately $3,500,000 of TOT funds for Visit Berkeley; and WHEREAS, the actual funds distributed to Visit Berkeley will be based on actual TOT revenues collected by the City of Berkeley.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is empowered to execute a sole source contract and any amendments with Visit Berkeley to distribute one-twelfth of annual Berkeley TOT funds to support tourism marketing and promotion for the period from July 1, 2023 through June 30, 2027 for a not to exceed amount of $3,500,000.

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
July 25, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Contracts: Turtle Island Monument, Scott Parsons and Artworks Foundry LLC

RECOMMENDATION
Adopt two Resolutions authorizing the City Manager to execute the following artwork contracts and any amendments for the City of Berkeley’s Turtle Island Monument at Martin Luther King Jr. Civic Center Park with contract periods of July 1, 2023 through March 30, 2025:

1. Scott Parsons - for fabrication of three new stone medallions, purchase of twelve selected boulders into which seven existing art medallions will be installed, purchase of granite base stone material for mounting of five bronze turtles for an amount not to exceed $236,000.

2. Artworks Foundry - for fabrication of a large central bronze turtle sculpture for Turtle Island Monument for an amount not to exceed $350,000.

FISCAL IMPACTS OF RECOMMENDATION
The $236,000 contract with Scott Parsons will be funded by two sources: $36,000 through the Cultural Trust Fund (Fund 148), set aside in the Public Art in Private Development Budget for FY 2024, and $200,000 through the Measure T-1 Funds approved by Council on June 13, 2023.

The $350,000 contract with Artworks Foundry will be funded through the Cultural Trust Fund (Fund 148). Funding for this public art project is set aside in the Public Art in Private Development Budget for FY 2024.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley Civic Arts Program along with Parks, Recreation & Waterfront (PRW) Department, Indigenous artists Lee Sprague and Marlene Watson, artist Scott Parsons, and PGA design landscape architects (Project Team) are in the design phase for the renovation of the upper plaza and fountain area at Civic Center Park. These renovations will include Turtle Island Monument, a commemorative artwork to the

Turtle Island Monument Artwork Contracts CONSENT CALENDAR July 25, 2023

Indigenous peoples of this hemisphere (the Americas) through an interpretation of the Indigenous creation story of Turtle Island, as envisioned in the 1992 dedication of the site for this purpose. In March of 2023, this project received approval from the Landmarks Preservation Commission for a Structural Alteration Permit and construction is planned to commence in FY24 and be completed by June 2024. The design includes four existing bronze turtles created by Scott Parsons in 2006 (currently in residence at 2180 Milvia Street) and new large central bronze turtle to be fabricated by Artworks Foundry, pending approval of this contract.

Figure 1: Turtle Island Monument design (2023)

Turtle Island Monument Artwork Contracts CONSENT CALENDAR July 25, 2023

The current 2023 Turtle Island Monument design reflects the voice and vision of Indigenous People led by Lee Sprague and Marlene Watson, incorporates the four existing bronze turtles and seven existing medallion artwork elements by Scott Parsons through consultation with him, and integrates the monument design into the historic Civic Center Park and the former fountain. In addition to the existing artwork elements developed by Scott Parsons in 2006, the 2023 Turtle Island Monument design calls for the creation of a new large central bronze turtle (to be fabricated by Artworks Foundry) and for three additional stone medallions created by Scott Parsons. Additionally, Scott Parsons will purchase twelve granite boulders and five granite sculpture bases where artwork elements will be mounted. Two granite boulders may not have medallions installed on them and instead might be engraved with information about Turtle Island.

The new large central bronze turtle will be designed by the original Indigenous artists Lee Sprague and Marlene Watson through separate design contracts, which include coordination and consultation with the foundry throughout the production of the bronze artwork.

Turtle Island Creation Story
The design of Turtle Island Monument is based upon the Indigenous creation story depicting Turtle Island is common to different indigenous communities around the world.

In the story, the world was covered with water and all the animals were swimming.

They were getting tired, so they respectfully asked the muskrat to go under the water to see if there was any earth. So, the muskrat went down to find the earth. All the animals were waiting for the muskrat to reappear. They were worried for the muskrat. Finally, his body floated to the surface. The animals looked in his paw and they found some earth.

They put the earth on the back of the turtle. The rest of the animals now knew that there was earth under the water so they each went down to get some earth. They all put the Earth on the turtle’s back. This is how Turtle Island was created.

Embodying the Turtle Island Creation Story in the Monument’s Design The conceptual design represents this origin story with an east-facing freshwater snapping turtle at the center of the monument symbolizing the creation of Turtle Island, and includes a time capsule to be preserved for seven generations. The stone medallions represent peoples who are Indigenous to Turtle Island. There will also be blank stone medallions embedded in the paving to represent the Indigenous communities that have been lost to the history of colonial violence, and who are no longer here. The four bronze loggerhead oceanic turtles, commissioned in 2006, are to be positioned around Turtle Island.

The Turtle Island Monument at the former MLK Jr. Civic Center Park fountain invites all people to enter and engage with sculpture, mosaics, fountain walls, natural stones and plantings. Interpretive signage will narrate the Indigenous origin story and history of the Monument. People are invited to sit and linger while facing the central turtle or outwards toward the park. The intention of the Turtle Island Monument is to authentically tell this story, to illuminate this park’s intangible asset that is its role in the founding and

Turtle Island Monument Artwork Contracts CONSENT CALENDAR July 25, 2023

celebration of Indigenous People's Day, to respect and contribute to the history and evolution of MLK Jr. Civic Center Park, and to engage the people of Berkeley on a physical, emotional, and cultural level.

The Monument’s palette of materials and forms represent water as a sacred resource, the true cardinal directions and their axes, and the experience of asymmetry and symmetry in the natural world. There is also a reference to four sacred colors representing the four directions, and cardinal points are marked at the entries into the monument. The resulting circulation and layout will create a dynamic, immersive, and accessible experience for Turtle Island Monument visitors.

BACKGROUND
Turtle Island Monument has been in development for over 30 years. In the 1990s, it was first proposed by Lee Sprague as artist and Marlene Watson as project designer. They worked with both the City of Berkeley and Indigenous communities internationally to develop the monument’s design – merging an Indigenous ethic and aesthetic with the requirements provided by the City and its Commissions.

On July 7, 1992, Berkeley City Council approved the recommendation from the Berkeley Peace and Justice Commission for “the creation of the Turtle Island Project, as the native Nation’s monument within the Peace Wall circle at Martin Luther King Civic Center Park, as adopted by the Berkeley City Council in the Resistance 500 Task Force Proposal and with the support of the Landmarks Preservation and the Civic Arts Commissions.” In 1992, the City of Berkeley became the first city in the U.S. to declare and institute Indigenous Peoples Day, to coincide with the 500th anniversary of the arrival of Columbus in the Americas on October 12, 1492. The City included a designation of the Turtle Island Monument and Time Capsule at the fountain at Civic Center Park as part of the declaration.

The original proposal for the Turtle Island Monument included “a round base of granite with entry from the East. In the center of the circle will be a bronze turtle … Around Turtle Island will be a circle of water… round tiles with the names of Indigenous nations and people engraved on them. Many of the tiles will be blank, to represent the people who are no longer with us, languages that are not heard anymore, and nations that have ceased to exist since 1492.” In 2005, the City underwent a public process to commission artist Scott Parsons to create four bronze oceanic loggerhead turtle sculptures and facilitate the creation of stone art medallions by North, Central and South American Indigenous artists and international tribal representatives. The medallion art pieces have been in storage to be installed as part of the Turtle Island Monument. The four bronze turtles are currently displayed on the first and fifth floors of the Martin Luther King Jr Civic Center Building at 2180 Milvia Street.

Turtle Island Monument Artwork Contracts CONSENT CALENDAR July 25, 2023

In 2018, the Berkeley City Council made a referral to the City Manager to develop a plan to revitalize the fountain at Martin Luther King, Jr. Civic Center Park. With this direction, City staff began the process to re-engage the community and further develop the conceptual design. In 2022, the City received a “Clean California Local Grant Program” from Caltrans for $591,666 (to be spent by June 30, 2024) to make improvements to the former fountain area located in the Upper Plaza of Civic Center Park.

In July of 2022, the City entered into contract with the Indigenous artists Lee Sprague and Marlene Watson who had originally proposed Turtle Island Monument in 1992. The City also contracted with Scott Parsons to integrate the artwork elements, that he created and fabricated in 2006–2008, into the monument design and to compensate the contemporary Native American artists for the additional and existing medallion designs.

The current design effort has involved a series of over 15 meetings including:
stakeholder engagement meetings, a listening session, project meetings, design workshops, and design iterations discussion. In August 2022 a two-day design charrette was conducted in which Indigenous leaders and supporters from across the United States attended including creators of the existing art elements, Lee Sprague and Marlene Watson and Scott Parsons.

To date, this project has received the following approvals:

Civic Arts Commission meeting, December 7, 2022
Turtle Island Monument Conceptual Design: M/S/C (Anno/Passmore) to approve the Conceptual Design of the Turtle Island Monument. Vote: Ayes — Anno, Blecher, Bullwinkel, Covarrubias, Dhesi, Ibarra, Passmore, Woo; Nays — None; Abstain — None; Absent — Ozol. Public Comment: 13
Parks Recreation and Waterfront Commission meeting, January 11, 2023 Civic Center Turtle Island Monument / Fountain Project
(The commission M/S/C to support the project as presented with the inclusion of creative water elements to consider: Kawczynska/Floyd/U) (M/S/C:

Avellar/Cox/U): Ayes: Abshez; Avellar; Birnbach; Cox; Floyd; Kawczynska; Wozniak; Noes: none; Absent: Diehm, Srioudom.

Landmarks Preservation Commission for a Structural Alteration Permit, March 30, 2023. #LMSAP2023-0001 to install a Turtle Island Monument at the Civic Center Park Fountain, located on a City Landmark property within the Civic Center Historic District. Commission Vote: 5-1-0-3 Yes: Crandall, Enchill, Finacom, Linvill, Twu No: Adams, Abstain: None. Absent: Leuschner, Montgomery, Schwartz.

On February 24, 2021, Civic Arts Program staff issued Request for Qualifications (RFQ) Specification No. 21-11438-C, for a Prequalified Pool of Fine Art Services Providers, including “Fine Art Fabrication” services (Attachment 3). A panel comprised of City staff

Turtle Island Monument Artwork Contracts CONSENT CALENDAR July 25, 2023

and an outside arts professional evaluated and scored 30 applicants to establish a prequalified pool of contractors that met the requirements for each service category.

The prequalified service providers with the highest scores for Fine Art Fabrication services have been determined by to be: Artworks Foundry, LLC; Barnacle Bros.

Sculpture & Custom Fabrication Inc.; DEKA; and Gizmo Art Production, Inc. Of these qualified firms, Artworks Foundry, LLC has been determined to be the best fit for fabrication of cast bronze sculpture.

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

RATIONALE FOR RECOMMENDATION
Scott Parsons is the artist who created the existing stone medallions that will be installed as part of Turtle Island Monument. Any additional stone medallions need to be created by Scott Parsons as these new elements are part of the same artwork series.

Additionally, these stone medallions will be embedded into a series of granite boulders to be installed within the new Turtle Island Monument. Likewise, the four bronze turtles Scott Parsons created for the City in 2006 will be mounted on new granite bases for integration into the new Turtle Island Monument. In order to ensure a consistent look across all granite elements for the new monument, Scott Parsons will also purchase from the same quarry the granite base for the new central turtle.

Artworks Foundry LLC is a local pre-qualified Artwork Fabrication company and they have particular expertise in casting large-scale bronze sculptures.

ALTERNATIVE ACTIONS CONSIDERED
There were no alternative actions considered.

CONTACT PERSON
Jennifer Lovvorn, Office of Economic Development, (510) 981-7533 Attachments:
1: Resolution for contract with Scott Parsons
2: Resolution for contract with Artworks Foundry, LLC
3: Request for Qualifications (RFQ) Specification No. 21-11438-C: FOR

PRE-QUALIFIED POOL OF FINE ART SERVICES PROVIDERS

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

CONTRACT WITH SCOTT PARSONS FOR CREATION OF THREE STONE

MEDALLIONS AND PURCHASE OF GRANITE BOULDERS AND BASES FOR

ARTWORK ELEMENTS FOR TURTLE ISLAND MONUMENT
WHEREAS, The City of Berkeley’s Arts and Culture Plan calls for the enhancement of Berkeley’s environment by placing temporary and permanent public art in public spaces throughout the city; and
WHEREAS, The City of Berkeley underwent a public process in 2005 to commission artist Scott Parsons to create four bronze oceanic turtle sculptures and facilitate the creation of stone art medallions by North, Central and South American Indigenous artists and international tribal representatives; and
WHEREAS, the 2023 Turtle Island Monument design calls for the creation of three additional stone medallions created by Scott Parsons to be embedded along with the existing stone medallions into twelve granite boulders; and WHEREAS, the 2023 Turtle Island Monument design also calls for the four bronze turtles Scott Parsons created for the City in 2006 to be mounted on new granite bases for integration into the new Turtle Island Monument, and
WHEREAS, in order to ensure a consistent look across all granite elements for the new monument, Scott Parsons will also purchase from the same quarry the granite base for the new central turtle, and
WHEREAS, Funding for the artwork contract was set aside in the Public Art in Private Development Budget for FY 2024 ($36,000) and $200,000 from Measure T-1 as approved by Council on June 13, 2023; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments thereto with Scott Parsons for the creation of three stone medallions and purchase of granite boulders and bases for artwork elements for Turtle Island Monument with the contract period of July 1, 2023 through March 30, 2025 in an amount not to exceed $236,000. A record signature copy of said contract and any amendments are to be on file in the Office of the City Clerk.

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

CONTRACT WITH ARTWORKS FOUNDRY LLC FOR ON-CALL FINE ART SERVICES WHEREAS, The City of Berkeley’s Arts and Culture Plan calls for the enhancement of Berkeley’s environment by placing temporary and permanent public art in public spaces throughout the city; and
WHEREAS, The City of Berkeley’s Civic Arts Program issued Request for Qualifications Specification No. 21-11438-C, and established a Prequalified Pool of Fine Art Service Providers that includes Artworks Foundry LLC; and
WHEREAS, Funding for the artwork fabrication contract was set aside in the Public Art in Private Development Budget for FY 2024; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments thereto with Artworks Foundry LLC for on-call fine art services for the contract period of July 1, 2023 through March 30, 2025 in an amount not to exceed $350,000. A record signature copy of said contract and any amendments are to be on file in the Office of the City Clerk.

City of Berkeley RFQ Fine Art Services Providers Page 1

Civic Arts Program
Office of Economic Development

REQUEST FOR QUALIFICATIONS (RFQ)
Specification No. 21-11438-C
FOR

PRE-QUALIFIED POOL OF FINE ART SERVICES PROVIDERS

RFQ Issue Date: February 24, 2021
Applicant Questions Due: March 10, 2021
Application Deadline: April 6, 2021 (by 5 PM)

I. INTRODUCTION
The City of Berkeley’s public art enlivens and beautifies its civic buildings, parks, streetscapes, and other public spaces. Since its inception in 1967, Berkeley’s Civic Arts Program has acquired approximately 50 outdoor permanent public artworks, including works of sculpture, integrated design elements, mosaics, tile artworks, and painted murals. Also included in the City’s artwork collection are over 50 small portable, and mostly framed, artworks such as drawings, etchings, paintings, textiles and prints displayed in City buildings. The Civic Arts Program is also actively commissioning between three to five new public artworks a year, requiring artwork fabrication and installation services.

Th
e City of Berkeley’s Civic Arts Program is responsible for documenting, cataloguing, and maintaining the artwork in this collection. Th
ese responsibilities require the Civic Arts Program to install, de-install, transport and store large scale artwork, as well as to frame and install smaller works, provide didactic signage, photograph and video document artworks as installed, and catalogue artwork in the collection. All of the artwork in the collection has been evaluated within the last two years and the Civic Arts Program intends to conserve the artworks in most need of treatment as funding becomes available. In addition to scheduled maintenance, artworks in the collection also occasionally require emergency repair.

By issuing a Request for Qualifications for individuals and firms that are qualified within any one or all of the art service categories described below, the Civic Arts Program will be able to establish a pre-qualified pool of firms with whom the City of Berkeley may contract for services without having further general bidding requirements.

The art service categories are as follows:

A. Contractors to install and de-install large-scale works of public art B. Fine Art Conservators
C. Art Care Technicians, Audio Visual Technicians, and Artwork Preparators D. Fine Art Transportation and Storage
E. Art Photography, Videography, Graphic Design, Computer Aided Design (CAD) for Artwork Placement Renderings, Digital Imaging, and Sign Makers
F. Fine Art Framing Services
G. Fine Art Fabrication
H. Public Art Curation and Project Management
I. Art Collection Registrar Services

City of Berkeley RFQ Fine Art Services Providers Page 2 Firms may apply for qualification in one or more categories. The scope of work and qualifications for each of these categories are described below.

The Civic Arts Program will review applications and establish a pool of qualified firms for the purpose of awarding contracts as needed. The Pre-qualified Pool of Fine Art Services Providers will remain active for three years with an option by the City to renew the pre-qualified pool for another three years. Work will occur throughout the City of Berkeley. Being approved for the pre-qualified pool does not guarantee that a firm will be awarded a contract.

Contracts will range in length from one to three years and the City shall have the option to extend the term of a contract for a period of up to an additional three years, which the City may exercise in its sole, absolute discretion.

Contractors will work on a task order basis. City staff will request a quote prior to service and provide an approved task order prior to work being scheduled.

II. SCOPE OF SERVICES

Through this RFQ, the City of Berkeley’s Civic Arts Program will identify a number of firms qualified within one or mo
re art service categories, each of which require different qualifications and experience. The Scope of Work and
Qualifications are to be used as a general guide for each of the art service categories, and are not intended to be a complete list of all work that may be performed in any category, or to be complete or specific to any particular project.

ART SERVICE CATEGORIES AND ASSOCIATED WORK/QUALIFCATIONS:

A. Contractors to install and de-install large-scale works of public art

Sample Services : Installing, removing, and transporting large scale works of art and artwork integrated into architecture, or repair/re-fabrication of associated features such as foundations, sculptural bases, or hardscape.

Work may include subcontracting with other firms to provide entire scope of services needed for a particular project. Sample subcontracts might include conservators, structural engineers, electrical work, masons, welders, rigging, and other trades. Work in this category may include use of lifts, scaffolding, and other equipment as necessary.

Qualifications:

1. Five (5) years’ experience performing the work described above.

2. Ability to provide qualified personnel with substantial experienced in installing and moving large scale works of art.

3. Demonstrated sensitivity to the artistic integrity and cultural impact of artworks.

B. Fine Art Conservators

Sample Services: Ability to provide full conservation and restoration services in the media of the Conservator’s specialization. Typical needs include providing a wide variety of services for the care and maintenance of the City’s art collection, cultural artifacts and properties under the Civic Arts Program’s jurisdiction. Typical projects include providing specialized consulting, performing material investigations on the condition of artworks in the collection and providing the City with reports and recommendations; preparing conservation/restoration work project specifications; on-site cleaning, graffiti removal, conservation and restoration of the City’s sculptures in various media, cleaning and conservation of paintings, murals; conservation of photographs, prints, and other works on paper. Repair and/or r eplacement of missing or damaged portions of sculptures. Work may include subcontracting with other firms to provide entire scope of services needed for a particular project. Sample subcontracts might include structural engineers, electrical work, masons, welders, rigging, and other trades. Work in this category may include use of lifts, scaffolding, and other equipment as necessary.

Qualifications:

City of Berkeley RFQ Fine Art Services Providers Page 3

1. Team Lead Conservator for conservation projects must hold a degree from a recognized Conservation Program identified by the American Institute for Conservation and Cultural Properties (AIC) and must adhere to the AIC Code of Ethics and Guidelines of Practice.

2. Five (5) years’ experience performing the work described above.

3. Ability to provide full conservation and restoration services in the media of the Conservator’s specialization.

4. Conservator must have a minimum of five (5) years professional conservation experience specializing in objects conservation with direct experience with the media of the sculpture to be restored.

5. Demonstrated sensitivity to the artistic integrity and cultural impact of artworks.

C. Art Care Technicians, Audio Visual Technicians, and Artwork Preparators

Sample Services: Surface cleaning, waxing and applying anti -graffiti coatings on sculptures and other public artworks, graffiti removal and minor repairs of contemporary artworks in a variety of media. Artwork may include audio visual installations utilizing digital projectors, monitors, data players, computer programs, and multi- channel speaker systems. Work may include installing and de -installing paintings and small to medium size sculptures. Must be able to provide lifts, scaffolding, equipment and other subcontractors as necessary.

The Civic Arts Program is also looking for technicians to maintain specialty media and related systems for audio, video, lighting, and electronic media.

Qualifications:

1. Five (5) years of experience in the field. Past experience and qualifications may include course work in subjects related to care and conservation of artwork at a recognized college or university; work in a foundry or working as an assistant to a conservator or museum preparator, museum or gallery work with audio and visual media art installations, or other related experience.

2. Demonstrated background in working with media and system maintenance for material specialization in audio, video, lighting, and electronic media.

3. Adherence to the American Institute of Conservators (AIC) Code of Ethics.

4. Demonstrated sensitivity to the artistic integrity and cultural impact of artworks.

D. Fine Art Transportation and Storage

Sample Services: Secure climate and non -climate storage areas; domestic and international transportation; including blanket-wrap and soft-packing services and specialty crates. May act as shipping agent; make courier arrangements, administer bills of lading, provide proper documentation and additional insurance as -needed.

Provide air-ride, secure, climate controlled vehicles and oversized lift gates and other equipment as needed.

Qualifications:

1. Five (5) years of experience providing the services listed above. Past experience and qualifications may include course work in subjects related to care and conservation of artwork at a recognized college or university; work in a foundry or working as an assistant to a conservator or museum preparator or other related experience

2. Ability to provide secure storage site with climate control if required.

3. Ability to provide experienced and qualified personnel.

4. Demonstrated sensitivity to the artistic integrity and cultural impact artworks.

E. Art Photography, Videography, Graphic Design, Computer Aided Design (CAD) for Artwork Placement Renderings, Digital Imaging, and Sign Makers

Sample Services: Photography, videography, design, color correction, typography and fine art reproductions in multiple formats. Photography services may include photographing and providing images in multiple formats, including the ability to provide color corrections. Videography services may include documenting artwork installations in video. Graphic Designers and Computer Aided Design (CAD) for Artwork Placement Renderings and may include production of vector files for artwork production or digital images showing an artwork in a potential location from many angles. Sign makers scope of work may incorporate digital images and may include

City of Berkeley RFQ Fine Art Services Providers Page 4 digital file production, typography and design services as well as the fabrication and installation of integral hardware, pedestals, and plaques in different materials and media, some that may require special engineering. All will provide their own equipment, transportation, and may be asked to scout locations and conditions of artworks sited indoors and outdoors, previous to commencing work. Work may include subcontracting with other firms to provide entire scope of services needed for a particular or large-scale projects. Sample subcontracts might include structural engineers, electrical work, welders, rigging, and other trades. Work in this category may include use of lifts, scaffolding, and other equipment as necessary.

Qualifications:

1. Five (5) years of experience providing the services listed above.

2. Ability to provide experienced and qualified personnel.

3. Demonstrated sensitivity to the artistic integrity and cultural impact of artworks.

F. Fine Art Framing Services

Sample Services: Full range of professional framing services and archival materials with the capacity for managing high volume projects including the delivery, packing and storing of artworks.

Qualifications:

1. Five (5) years of experience providing the services listed above.

2. Ability to provide experienced and qualified personnel.

3. Demonstrated sensitivity to the artistic integrity and cultural impact of artworks.

G. Fine Art Fabrication

Sample Services: Fabrication of artwork as designed by an artist. An art fabrication company has access to the resources, specialized machinery and technologies, and labor necessary to execute large scale artworks beyond the capacity of an individual artis t's studio. An example of this is a metal casting foundry. Work may include subcontracting with other firms to provide entire scope of services needed for a particular project. Sample subcontracts might include structural engineers, electrical work, masons, welders, rigging, and other trades. Work in this category may include use of lifts, scaffolding, and other equipment as necessary.

Qualifications:

1. Five (5) years’ experience performing the work described above.

2. Ability to provide qualified personnel with substantial experienced in artwork fabrication in the techniques specified in the artist’s design.

3. Demonstrated sensitivity to the artistic integrity and cultural impact of artworks.

H. Public Art Curation and Project Management

Sample Services: Develop the project’s public art plan, facilitate artist and artwork selection, interface with the City of Berkeley on approvals, provide expert artwork curation and project management, develop and manage artwork fabrication and installation, and manage the art budget. A qualified Public Art consultant may be a curator or art consultant with proven experience of overseeing artist selection and management of art in public places.

Qualifications:

1. Five (5) years of experience providing the services listed above.

2. Ability to provide experienced and qualified personnel.

3. Demonstrated sensitivity to the artistic integrity and cultural impact of artworks.

I. Art Collection Registrar Services

Sample Services: Develop and maintain records management systems related to artwork documentation with individual files for each object in the collection. Documentation includes information about an artwork’s

City of Berkeley RFQ Fine Art Services Providers Page 5 condition, its identification number, provenance, materials, treatment reports, and its physical location. Services might include ensuring the completeness of records within an on- line collection data base and corollary paper records.

Qualifications:

1. Five (5) years of experience providing the services listed above.

2. Working knowledge of American Association of Museum's Code of Ethics as well as the Collecting Guidelines for Museums.

3. Skilled in object handling.

4. Knowledgeable about collection management software for cataloging and record keeping.

5. Ability to provide experienced and qualified personnel.

6. Demonstrated sensitivity to the artistic integrity and cultural impact of artworks.

III. APPLICATION SUBMISSION REQUIREMENTS
In order to be considered for the pre-qualified pool of arts service providers, applicants must submit a fully completed application and provide all required application materials. The application consists of the following components:

A. Consultant Identification:

Provide the name of the firm, the firm's principal place of business, the name and telephone number of the contact person and company tax identification number.

Applicants will select the art service categories for which they are qualified on the application form.

B. Firm Experience:

Provide an executive summary of your experience and qualifications and listing of projects completed by the firm within the past five (5) years for each of the Art Service categories for which you are qualified.

This listing should include a brief description of each project the firm has completed that require the same experience and expertise described under the qualifications listed for each of the Art Service categories, including the client, the project location, date, and name, email address and telephone number of a contact person.

C. Individual Staff Experience:

Provide a listing of each key staff person in the firm who will be assigned to the project and background information demonstrating their capabilities and qualifications to perform the assigned task. For each individual, provide current professional registrations, related experience, educational background, and years of experience with the team.

D. Client References:

Provide a minimum of three client references. At least on references should be a California city or other large public sector entity. Provide the designated person's name, title, organization, address, telephone number, and the project(s) that were completed under that client’s direction.

E. Contract Terminations:

If your organization has had a contract terminated in the last five (5) years, describe such incident.

Termination for default is defined as notice to stop performance due to the vendor’s non-performance or poor performance and the issue of performance was either (a) not litigated due to inaction on the part of the vendor, or (b) litigated and such litigation determined that the vendor was in default.

City of Berkeley RFQ Fine Art Services Providers Page 6 Submit full details of the terms for default including the other party’s name, address, and phone number.

Present the vendor’s position on the matter. The City will evaluate the facts and may, at its sole discretion, reject the application on the grounds of the past experience.

If the firm has not experienced any such termination for default or early termination in the past five (5) years, so indicate.

F. Fee Structure:

Fees will remain in effect for the duration of the contract. With proper documentation, the City will reimburse only for pre-approved equipment rentals and supply purchases that are unique to our artworks. We do not reimburse for routine supplies, travel, lodging, per diem, or other ad-hoc miscellaneous expenses. Please take that into account with your rates.

Provide the following:
a. Hourly rate for principals and any staff or employees most likely to work on Civic Arts Program projects.
b. Firm overhead rate or mark-up rate, if applicable.
c. Equipment Rental

IV. CONSULTANT SELECTION PROCESS

Evaluation and Selection Criteria

Fi
rms will be rated in each of the Art Service categories they submit under as either being:
1) Highly Qualified, 2) Qualified or 3) Not Qualified. A firm must receive the ranking of Qualified in at least one of the Art Service categories for which they wish to be considered to be included in the pre-qualified pool. The City intends to evaluate qualifications in accordance with the criteria listed below.

Evaluation
Categories
Evaluation Criteria Points
Possible
I. Professional
Qualifications
a) Minimum (5) years of experience in the field 10 pts. b) Demonstrated sensitivity to the artistic
integrity and cultural impact of artworks.
10 pts.
c) Meets required qualifications as described in
RFQ for specific art service category for which
they are applying.
20 pts.

II. Demonstrated
Experience
a) Demonstrated recent experience of individual
or team working with media they claim expertise.
20 pts.
b) Quality of recently completed projects,
including evidence of care to maintain the
integrity of the artwork, adherence to the AIC
Code of Ethics (where applicable) and adherence
to schedules, deadlines and budgets.
20 pts.

City of Berkeley RFQ Fine Art Services Providers Page 7

c) Evidence of experience as an Art Service
Provider and relative scale and complexity of
projects completed.

10 pts.

III. Reasonable Fee
Structure
a) Proposed fees are set within industry standard. 10 pts.

TOTAL POSSIBLE POINTS 100 pts.

The Civic Arts Program will select a pre-qualified pool of firms within each of the Art Service categories which the Civic Arts Program staff may consider for “as-needed” contracts or for specific projects as the need arises.

The inclusion of any firm in the pre-qualified pool shall not imply any obligation on the part of the City of Berkeley to enter into an agreement with the firm. In selecting a firm for a contract, the Civic Arts Program staff may consider any one, or a combination, of the criteria listed below:

1. The firm has the highest ranking of all the firms in its category.

2. The firm is the most qualified within its Art Service category to perform the work on a specific type of project.

3. The firm is available to perform the work in a timely manner.

4. The firm offers the most favorable cost estimate to perform the work.

5. The Civic Arts Program requests proposals from the pre-qualified firms for a specific project and selects a firm based on its proposal and the selection criteria for that project.

The City reserves the right to reject any and all submissions.

V. QUESTIONS REGARDING RFQ

For questions concerning the anticipated work, or scope of the pr oject, please contact Je
nnifer Lovvorn, Chief
Cultural Affairs Officer, via email at [email protected] no later than January 26, 2021. Answers to questions will not be provided by telephone or email. Answers to all questions or any addenda will be posted on the City of Berkeley’s Civic Art site at https://www.cityofberkeley.info/civic-arts/. It is the vendor’s responsibility to check this site. For general questions concerning the submittal process, contact purchasing at 510-981-7320.

VI. CITY CONTRACTING REQUIREMENTS
Firms receiving contracts with the City shall comply with the following requirements:

A. Non-Discrimination Requirements:

Ordinance No. 5876-N.S. codified in B.M.C. Chapter 13.26 states that, for contracts worth more than $3,000 bids for supplies or bids or proposals for services shall include a completed Workforce Composition Form. Businesses with fewer than five employees are exempt from submitting this form. (See B.M.C. 13.26.030)

Under B.M.C. section 13.26.060, the City may require any bidder or vendor it believes may have dis criminated to submit a Non-Discrimination Program. The Contract Compliance Officer will make this determination. This applies to all contracts and all consultants (contractors). Berkeley Municipal Code section 13.26.070 requires that all contracts with the City contain a non- discrimination clause, in which the contractor agrees not to discriminate and allows the City access to records necessary to monitor compliance. This section also applies to all contracts and all consultants. Bidders must submit the attached Non -Discrimination Disclosure Form with their proposal

City of Berkeley RFQ Fine Art Services Providers Page 8 B. Nuclear Free Berkeley Disclosure Form:

Berkeley Municipal Code section 12.90.070 prohibits the City from granting contracts to companies that knowingly engage in work for nuclear weapons. This contracting prohibition may be waived if the City Council determines that no reasonable alternative exists to doing business with a company that engages in nuclear weapons work. If your company engages in work for nuclear weapons, explain on the Disclosure Form the nature of such work. Bidders must submit the attached Nuclear Free Disclosure Form with their proposal.

C. Oppressive States:

The City of Berkeley prohibits granting of contracts to firms that knowingly provide personal services to specified Countries. This contracting prohibition may be waived if the City Council determines that no reasonable alternative exists to doing business with a company that is covered by City Council Resolution No. 59,853- N.S.

If your company or any subsidiary is covered, explain on the Disclosure Form the nature of such work. Bidders must submit the attached Oppressive States Disclosure Form with their proposal.

D. Sanctuary City Contracting Ordinance:

Chapter 13.105 of the Berkeley Municipal Code prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security ("ICE"). Bidders must submit the attached Sanctuary City Compliance Statement with their proposal.

E. Conflict of Interest:

In the sole judgment of the City, any and all proposals are subject to disqualification on the basis of a conflict of interest. The City may not contract with a vendor if the vendor or an employee, officer or director of the proposer's firm, or any immediate family member of the preceding, has served as an elected official, employee, board or commission member of the City who influences the making of the contract.

Furthermore, the City may not contract with any vendor whose income, investment, or real property interest may be affected by the contract. The City, at its sole option, may disqualify any proposal on the basis of such a conflict of interest. Please identify any person associated with the firm that has a potential conflict of interest.

F. Berkeley Living Wage Ordinance:

Chapter 13.27 of the Berkeley Municipal Code requires that contractors offer all e ligible employees with City mandated minimum compensation during the term of any contract that may be awarded by the City. If the Contractor is not currently subject to the Living Wage Ordinance, cumulative contracts with the City within a one-year period may subject Contractor to the requirements under B.M.C. Chapter 13.27. A certification of compliance with this ordinance will be required upon execution of a contract. The current Living Wage rate can be found here: https://www.cityofberkeley.info/Finance/Home/Vendors__Living_Wage_Ordinance.aspx. The Living Wage rate is adjusted automatically effective June 30th of each year commensurate with the corresponding increase in the Consumer Price Index published in April of each year. If the Living Wage rate is adjusted during the term of your agreement, you must pay the new adjusted rate to all eligible employees, regardless of what the rate was when the contract was executed.

G. Berkeley Equal Benefits Ordinance:

Chapter 13.29 of the Berkeley Municipal Code requires that contractors offer domestic partners the same access to
benefits that are available to spouses. A c
ertification of compliance with this ordinance will be required upon execution of a contract.

City of Berkeley RFQ Fine Art Services Providers Page 9 H. Statement of Economic Interest:

The City’s Conflict of Interest Code designates “consultants” as a category of persons who must complete Form 70 0, Statement of Economic Interest, at the beginning of the contract period and again at the termination of the contract. The selected contractor will be required to complete the Form 700 before work may begin.

I. Insurance

The selected contractor will be required to maintain general liability insurance in the minimum amount of $2,000,000, automobile liability insurance in the minimum amount of $ 1,000,000 and a professional liability insurance policy in the amount of $2,000,000 to cover any claims arising out of the performance of the contract.

The general liability and automobile insurance must name the City, its officers, agents, volunteers and employees as additional insureds.

Insurance not Necessary: If the services are such that the risk of exposure to liability is very low, insurance may not be required. An example of such a service is an individual using his/her computer at home to lay out a newsletter for the City. This determination must be made by the Risk Manager in writing before the RFP is issued.

Insurance Waiver: A situation in which insurance is not necessary is different from a case in which insurance may be waived. An insurance waiver is appropriate where insurance would usually be necessary but when, as a policy matter, the City is willing to take the risk of allowing an uninsured or under-insured individual or business to perform the work (usually when the risk of liability is low). An insurance waiver may be granted only by the Risk Manager in writing with the approval of the City Manager. If a potential bidder expresses an inability to meet the insurance requirement, he or she should be encouraged to contact the Project Manager & Risk Manager for assistance in obtaining insurance.)

J. Worker’s Compensation Insurance:

A selected contractor who employs any person shall maintain workers' compensation insurance in accordance with state requirements. Sole proprietors with no employees are not required to carry Worker’s Compensation Insurance.
(Worker’s Compensation Insurance cannot be waived for any person who employs others.)

K. Business License

Virtually every contractor that does business with the City must obtain a City business license as mandated by B.M.C. Ch. 9.04. The business license requirement applies whether or not the contractor has an office within the City limits. However, a "casual" or "isolated" business transaction (B.M.C. section 9.04.010) does not subject the contractor to the license tax. Warehousing businesses and charitable organizations are the only entities specifically exempted in the code from the license requirement (see B.M.C. sections, 9.04.295 and 9.04.300).

Non-profit organizations are granted partial exemptions (see B.M.C. section 9.04.305). Persons who, by reason of physical infirmity, unavoidable misfortune, or unavoidable poverty, may be granted an exemption of one annual free license at the discretion of the Director of Finance. (see B.M.C. sections 9.04.290).

Vendor must apply for a City business license and show proof of application to Purchasing Manager within seven days of being selected as intended contractor.

The Customer Service Division of the Finance Department located at 1947 Center Street, Berkeley, CA 94704, issues business licenses. Contractors should contact this division for questions and/or information on obtaining a City business license, in person, or by calling 510-981-7200.

City of Berkeley RFQ Fine Art Services Providers Page 10 L. Recycled Paper

Any printed reports for the City required during the performance of the work shall be on 100% recycled paper, and shall be printed on both sides of the page whenever practical.

M. State Prevailing Wage

Certain labor categories under this project may be subject to prevailing wages as identified in the State of California Labor Code commencing in Section 1770 et. seq. These labor categories, when employed for any “work performed during the design and preconstruction phases of construction including, but not limited to, inspection and land surveying work,” constitute a “Public Work” within the definition of Section 1720(a)(1) of the California Labor Code requiring payment of prevailing wages.

Wage information is available through the California Division of Industrial Relations web site at:
http://www.dir.ca.gov/OPRL/statistics_and_databases.html

VII. SCHEDULE (dates are subject to change)

 Issue RFQ to Potential Bidders: February 24, 2021
 Questions Due March 10, 2021
 Application Deadline April 6, 2021 (by 5 PM)
 Complete Selection Process May 1, 2021
 Council Approval of Contract (over $50k) June 15, 2021

VIII. PAYMENT

Invoices: Invoices must be fully itemized, and provide sufficient information for approving payment and audit.

Invoices must be accompanied by receipt for services in order for payment to be processed. Mail invoices to the Project Manager and reference the contract number.

City of Berkeley Civic Arts Program
2180 Milvia Street, 5th Floor
Berkeley, CA 94706
Attn: Jennifer Lovvorn

Payments: The City will make payment to the vendor within 30-days of receipt of a correct and complete invoice.

Thank you for your interest in working with the City of Berkeley for this service. We look forward to receiving your Statement of Qualifications.