Tuesday, January 18, 2022 AGENDA Page 1
AGENDA
BERKELEY CITY COUNCIL MEETING
Tuesday, January 18, 2022
6:00 PM
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 – LORI DROSTE
PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH
VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID -19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents immine nt risks to the health of attendees. Therefore, no physical meeting location will be available.
Live audio is available on KPFB Radio 89.3. Live captioned broadcasts of Council Meetings are available on Cable B -TV (Channel 33) and via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx .
To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/84056667405
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To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 840 5666 7405. 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 teleconference will be recorded as any Council meeting is recorded, and all other rules of procedure and decorum will apply for Council meetings conducted by teleconference or videoconference.
To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected]
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This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. 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.
1 Tuesday, January 18, 2022 AGENDA Page 2
Preliminary Matters
Roll Call:
Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.
1. Adjourn in memory of Aoife Beary, Berkeley Balcony Collapse Survivor 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. 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 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.
Public Comment on Consent Calendar and Information Items Only: The Council will take public comment on any items that are either on the amended Consent Calendar or the Information Calendar. Speakers will be entitled to two minutes each to speak in opposition to or support of Consent Calendar and Information Items. A speaker may only speak once during the period for public comment on Consent Calendar and Information items.
Additional information regarding public comment by City of Berkeley employees and interns: Employees and interns of the City of Berkeley, although not required, are encouraged to identify themselves as such, the department in which they work and state whether they are speaking as an individual or in their official capacity when addressing the Council in open session or workshops.
2 Consent Calendar
Tuesday, January 18, 2022 AGENDA Page 3
1. Amendment: FY 2022 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,795-N.S. amending the FY 2022 Annual Appropriations Ordinance No. 7,779–N.S. for fiscal year 2022 based upon recommended re-appropriation of committed FY 2021 funding and other adjustments authorized since July 1, 2021, in the amount of $177,309,914 (gross) and $163,076,585 (net).
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Harrison, Droste.
Financial Implications: See report.
Contact: Rama Murty, Budget Office, (510) 981-7000
2. Modifying the 2022 City Council Meeting Schedule
From: City Manager
Recommendation: Adopt a Resolution modifying the City Council regular meeting schedule for 2022, with starting times of 6:00 p.m., to account for religious and cultural holidays as determined by Resolution No. 70,066-N.S.
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
3. Donation to the Animal Shelter from the Stephen and Mary Birch Foundation From: City Manager
Recommendation: Adopt a Resolution accepting a donation from the estate of Stephen and Mary Birch in the sum of $10,000.00.
Financial Implications: See report.
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000
4. Extension of Declaration of Homeless Shelter Crisis From: City Manager
Recommendation: Adopt a Resolution extending Resolution No. 69,189-N.S., Declaring a Homeless Shelter Crisis until January 19, 2024 Financial Implications: See report.
Contact: Peter Radu, City Manager's Office, (510) 981-7000
5. Contract No. 32000117 Amendment: Berkeley Food & Housing Project for Administrative Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32000117 with Berkeley Food & Housing Project (BFHP) to administer Flexible Spending Programs for Mental Health Division (BMH) programs and to provide rental subsidies for the Russell Street Residence through June 30, 2022 in an amount not to exceed $2,824,024. This will extend the existing contract by one year and add $916,731 in funding.
Financial Implications: See report.
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 3 Consent Calendar
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6. Contract No. 32100026 Amendment: Resource Development Associates for Results Based Accountability Evaluation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to amend Contract No. 32100026 with Resource Development Associates (RDA) to provide additional funding in the amount of $220,800, and extend the time period for an evaluation of mental health programs across the division utilizing the Results Based Accountability (RBA) framework, for a total not to exceed amount of $320,700 through June 30, 2024.
Financial Implications: See report.
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400
7. Contract with Options Recovery for Substance Use Disorder Services Co- location
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with Options Recovery Services (Options) for Substance Use Disorder services for a total contract limit of $250,000 for the period beginning January 1, 2022 and ending June 30, 2023.
Financial Implications: See report.
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400
8. Revenue Grant Agreement: Funding Support from the California Department of Public Health to Expand the Disease Intervention Specialist Workforce From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to accept grant funds from California Department of Public Health in the projected amount of $465,736. This funding is to be utilized from July 1, 2021 through December 31, 2025 to expand the Disease Intervention Specialist (DIS) workforce to strengthen the public health capacity to mitigate the spread of sexually transmitted disease (STD), HIV, COVID-19 and other infections; and to execute the resultant revenue agreement, contract, and any amendments and extensions.
Financial Implications: See report.
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400
4 Consent Calendar
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9. Revenue Grant Agreement: Funding Support from State of California Department of Justice to Design and Conduct a Program Evaluation of Programs Funded by the Sugar-Sweetened Beverage Tax
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to State of California, Department of Justice, to accept the grant, execute any resultant revenue agreement and amendment, and implement the projects and appropriation of funding for related expenses to conduct program evaluation activities for the State of California, Department of Justice in the projected amount of $19,000 for July 1, 2021 to June 30, 2023.
Financial Implications: See report.
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400
10. Referral Response: Commission Reorganization for Post-COVID-19 Budget Recovery – Sugar Sweetened Beverage Product Panel of Experts Commission and Community Health Commission
From: City Manager
Recommendation: Adopt first reading of an Ordinance:
1. Adding Section 7.72.095 to the Berkeley Municipal Code (BMC), incorporating additional membership criteria and health equity advisory responsibilities for the Sugar Sweetened Beverage Product Panel of Experts Commission (SSBPPE), and;
2. Repealing B.M.C. Sections 3.76.010-3.76.040 which established the Community Health Commission.
Financial Implications: See report.
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400
11. Classification and Salary: Establish Limited Term Emergency Medical Technician
From: City Manager
Recommendation: Adopt a Resolution to establish the represented classification of Limited Term EMT with a monthly salary range of $3,466.67 to $5,026.67.
Financial Implications: See report.
Contact: Donald E. Ellison, Human Resources, (510) 981-6800
12. Classification and Salary: Establish Single Function Paramedic From: City Manager
Recommendation: Adopt a Resolution to establish the represented classification of Single Function Paramedic with a monthly salary range of $5,200 to $7,800.
Financial Implications: See report.
Contact: Donald E. Ellison, Human Resources, (510) 981-6800
5 Consent Calendar
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13. Revise Classification and Salary: Emergency Medical Services Quality Improvement & Education Coordinator
From: City Manager
Recommendation: Adopt a Resolution to revise the represented classification of Emergency Medical Services Quality Improvement & Education Coordinator with a monthly salary range of $12,273.73 to $14,000.13
Financial Implications: See report.
Contact: Donald E. Ellison, Human Resources, (510) 981-6800
14. Revise the Classification and Increase the Salary Schedule for Deputy Finance Director
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 69,967-N.S. (Classification and Salary Resolution for classifications in Executive and Confidential Management, Confidential Professional, Confidential Clerical) to increase the salary of the Deputy Finance Director from a maximum monthly salary of $14,677.47 to $16,120.00 per month effective January 1, 2022, to align it with other City of Berkeley Deputy Director classifications.
Financial Implications: See report.
Contact: Donald E. Ellison, Human Resources, (510) 981-6800
15. Recommendation to Increase the Salary Schedule for Director of Health, Housing & Community Services and Director of Parks, Recreation, & Waterfront
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 69,967-N.S., Classification and Salary Resolution for classifications in Executive and Confidential Management, Confidential Professional, Confidential Clerical, to increase the salary of the Director of Health, Housing & Community Services from a maximum monthly salary of $20,151.73. to $21,432.00, per month and amending Resolution No. 70,107-N.S., Salary Adjustment for the Department Heads of Finance, Human Resources, Information Technology, Parks, Recreation and Waterfront, Planning, Public Works and Fire Chief, to increase the salary of Director of Parks, Recreation and Waterfront from a maximum monthly salary of $20,987.00 to $21,432.00 to align it with other City of Berkeley Department Heads.
Financial Implications: See report.
Contact: Donald E. Ellison, Human Resources, (510) 981-6800
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16. Commission Reorganization: Creating the Environment and Climate Commission
From: City Manager
Recommendation:
1. Adopt an Ordinance repealing and re-enacting Berkeley Municipal Code Chapter
3.40 (formerly Zero Waste Commission) to create the Environment and Climate Commission (ECC).
2. Adopt a Resolution rescinding Resolution No. 55,661-N.S., establishing the Berkeley Energy Commission, and Resolution 58,997-N.S., establishing the Community Environmental Advisory Commission.
Financial Implications: See report.
Contact: Jordan Klein, Planning and Development, (510) 981-7400
Council Consent Items
17. Referral to the City Manager to Establish a Marina Master Plan for Parking with a Consideration for Establishing a Waterfront Parking Benefits District
From: Councilmember Kesarwani (Author), Mayor Arreguin (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Robinson (Co-Sponsor) Recommendation: Refer to the City Manager to create a Berkeley Marina Master Plan for Parking with a goal of introducing demand-based paid parking in certain areas of the waterfront as appropriate. Further, refer consideration of a Parking Benefits District (PBD) at the waterfront as a means of reinvesting net parking revenues within this area to provide a dedicated funding source for the troubled Marina Fund.
Considerations for a Marina Master Plan for Parking should include: Conducting robust outreach to marina stakeholders in order to: gather feedback about parking needs, communicating benefits of establishing a Parking Benefits District to maintaining and upgrading marina infrastructure, and other issues as appropriate; Preparing a preliminary fiscal analysis for possible implementation, including projected revenues and expenditures; and Determining types of pay stations most appropriate for this area in addition to payment schedules, such as hourly, day passes, and/or frequent user/employee permits.
Financial Implications: See report.
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110
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18. Refer to the City Manager to Establish a Framework for Parking Benefits Districts in the Gilman and Lorin Commercial Districts
From: Councilmember Kesarwani (Author), Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Taplin (Co-Sponsor) Recommendation: Refer to the City Manager to create a basic framework for establishing a Parking Benefits District (PBD) in the Gilman and Lorin Commercial Districts. This framework should include:
(a) A map establishing the boundaries of the Gilman District PBD. Suggested borders of the district should include: (1) on the west, the east side of Eastshore Highway from Page Street to the Albany border; (2) on the north, the Albany border from Eastshore Highway to the east side of San Pablo Avenue; (3) on the east, the east side of San Pablo Avenue from the Albany border to Gilman Street, both sides of Gilman Street from San Pablo Avenue to Kains, and the east side of San Pablo Avenue to the north side of Page Street; and (4) on the south, the west side of San Pablo Avenue from Page Street to Camelia Street, the north side of Camelia Street from San Pablo Avenue to Sixth Street; the west side of Sixth Street from Camelia to Page; the north side of Page Street from Sixth Street to Eastshore Highway. See map in Attachment 1. (b) A map establishing the boundaries of the Lorin District PBD. Suggested borders of the district should include: (1) on the east, both sides of Shattuck Avenue from Carleton southward to Alcatraz Avenue; (2) on the south, the north side of Alcatraz Avenue from Shattuck Avenue to Martin Luther King Jr. Way; Martin Luther King Jr. Way southward to 62nd Street; 62nd Street to King Street; (3) on the west, King street to Russell Street; (4) on the north, Russell Street to Grant Street; Grant Street north to Carleton Street; and Carleton Street to Shattuck Avenue. See map in Attachment 1. (c) Consideration of expanding the goBerkeley parking program to include installation of paid parking within a subsection of the defined Gilman and Lorin Parking Benefit Districts only where warranted based on parking demand using a demand-based pricing model. (d) Consideration of amending the goBerkeley program to allow net parking revenues to be reinvested within the Gilman and Lorin Parking Benefits Districts where the revenue is generated for the purpose of funding improvements, such as trash removal, sidewalk cleaning, enhanced lighting, signage, beautification like landscaping or other improvements based on input from an advisory board of stakeholders–in alignment with policy requirements of PBDs. (e) Consideration of transportation-related amenities targeted to employees that may include: annual transportation passes to incentivize public transit use, annual memberships in shared electric micro-mobility programs, special employee parking permits, etc. (f) A strategy for conducting outreach to Gilman and Lorin Commercial District stakeholders prior to implementation, including outreach to property and business owners and employees.
Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110 8 Council Consent Items
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19. Budget Referral: Allocate Projected Revenues from Voter-approved Transportation Network Company User Tax to Support Priority Mobility Infrastructure, Including Tier 1 Protected Bicycle Lanes and Crossings, Pedestrian Street Crossings, and Quick-build Public Transit Projects From: Councilmember Harrison (Author)
Recommendation:
1. Refer to the June FY 23-24 budget process approximately $1.4 to $1.8 million in projected Transportation Network Company (TNC) User Tax General Fund revenue for FY 23 and FY 24, and the actual FY 2022 TNC Tax revenues (projected at $576,786), toward the construction and maintenance of: i. Tier 1 protected bicycle lanes and crossings identified in the 2017 Bicycle Plan, including but not limited to quick-build projects; and ii. Priority pedestrian street crossings identified in the 2020 pedestrian plan, including but not limited to quick-build projects; and iii. Priority quick- build public transit projects under the Street Repair Program.
2. Refer to the Public Works and Transportation Commissions (or Successor Commission) in consultation with City staff to provide recommendations to the Facilities, Infrastructure, Transportation, Environment, and Sustainability and Budget and Finance Policy Committees by the end of March 2022 as to the specific allocation among the priorities in Recommendation 1 to equitably maximize transportation emissions reductions and to enhance mobility and public safety.
Financial Implications: See report.
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140
20. Resolution Reaffirming the City of Berkeley’s Commitment to Roe v. Wade From: Councilmember Wengraf (Author), Councilmember Harrison (Co- Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution reaffirming the City of Berkeley’s commitment to Roe v. Wade, honoring the 49th anniversary of its passage and reiterating Berkeley's resolve to be a safe harbor for women asserting their constitutional right to access reproductive health and safe abortion services. It is essential that the City of Berkeley be a model for other cities and re-state their support for women to be able to exercise their constitutional rights and continue to have access to critical health care services, including abortion.
Financial Implications: None
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 9 Council Consent Items
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21. OPPOSE Net Energy Metering 3.0 Proposed Decision of the CPUC and SUPPORT Net Energy Metering Policy that Continues the Growth of Local and Rooftop Solar
From: Councilmember Wengraf (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Send the attached Resolution in opposition to the Net Energy Metering 3.0 Proposed Decision of the CPUC and supporting a Net Energy Metering Policy that continues to support the growth of local and rooftop solar to: Governor Gavin Newsom, State Senator Nancy Skinner, Assemblymember Buffy Wicks, and members of the California Public Utilities Commission Board (CPUC). The Net Energy Metering (NEM) 3.0 decision issued by the CPUC on December 13, 2021 threatens access to net energy metering and rooftop-scale solar and storage by homeowners and tenants alike, interfering with Berkeley's and California’s climate action and equity goals.
Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160
Action Calendar
The public may comment on each item listed on the agenda for action as the item is taken up. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.
The Presiding Officer will request that persons wishing to speak use the "raise hand" function to determine the number of persons interested in speaking at that time. Up to ten (10) speakers ma y speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.
Action items may be reordered at the discretion of the Chair with the consent of Council.
Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. This is followed by five -minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak use the "raise hand" function 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 intereste d in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker.
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.
Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.
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22. Selected Recreation and Camps Program Fee Increases From: City Manager
Recommendation: Conduct a public hearing and upon conclusion:
1. Adopt a Resolution approving new fees and increasing current fees for select Recreation Division programs and rescinding Resolution No. 69,892-N.S. and all amendatory resolutions.
2. Adopt a Resolution approving revised Policies and Procedures for Parks & Recreation Programs and Facilities, and rescinding Resolution No. 67,581-N.S. and all amendatory resolutions.
Financial Implications: See report.
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700
23. Response to City Council Action on October 26, 2021 regarding Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance (Continued from December 14, 2021. Item contains supplemental material) From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt first reading of a local Accessory Dwelling Unit (ADU) Ordinance [Berkeley Municipal Code (BMC) Chapter 23.306] and amendments to relevant Defined Terms [BMC Chapter 23.502.020] in the Zoning Ordinance.
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400
24. Response to City Council Action on October 26, 2021 regarding Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance to Address Public Safety Concerns (Continued from December 14, 2021. Item contains supplemental material)
From: City Manager
Recommendation: Conduct a public hearing and upon conclusion, adopt first reading of a local ordinance enacting Chapter 12.99 (Accessory Dwelling Units in Wildfire Hazard Areas) and amending Chapter 23.306.
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400
Action Calendar – New Business
25a. Street Maintenance and Rehabilitation Policy and Five-Year Paving Plan From: City Manager
Recommendation: Adopt a Resolution updating the Street Maintenance and Rehabilitation Policy and Five-Year Paving Plan.
Financial Implications: See report.
Contact: Liam Garland, Public Works, (510) 981-6300
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25b. Public Works Commission Recommendation for the Five-Year Paving Plan From: Public Works Commission
Recommendation: Adopt a Resolution that recommends approval of the Five-Year Paving Plan version 12A (“Arterial Alternative”) for FY2023 to FY2027.
Financial Implications: See report.
Contact: Joe Enke, Commission Secretary, (510) 981-6300
25c. Adopt a Resolution Updating City of Berkeley Street Maintenance and Rehabilitation Policy (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee. Continued from the July 13, 2021 meeting.
Item contains supplemental material)
From: Councilmember Harrison (Author), Councilmember Bartlett (Co- Sponsor), Councilmember Taplin (Co-Sponsor)
Recommendation:
1. Adopt a Resolution updating the City’s Street Maintenance and Rehabilitation Policy dated June 1, 2021.
2. Refer the exploration of potential bonding and funding opportunities for improving the Paving Condition Index (PCI) of streets and creating a Paving Master Plan back to the Facilities, Infrastructure, Transportation, Environment & Sustainability (FITES) Committee for further review.
Policy Committee Recommendation: To move the Public Works supplemental item “City of Berkeley Street Maintenance and Rehabilitation Policy to Council” with a positive recommendation including amendments made during the meeting today, and ask Council to refer the exploration of potential bonding and funding opportunities for improving the PCI of streets and creating a Paving Master Plan back to the FITES Committee for further review.
Financial Implications: Staff time
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140
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26a. Adopt-a-Spot Program Development Recommendations
From: Public Works Commission and Parks and Waterfront Commission Recommendation: That Council adopt a Resolution to support and fund two new full-time dedicated Volunteer Coordinators to run an expanded Adopt-a-Spot program and coordinate new programs for youth volunteers, and funding for operational expenses should be included.
The programs shall promote participation and civic pride by providing a unified portal for all programs across all departments, and incorporate many of the Program Elements outlined below. The Coordinators shall build on recent efforts by Public Works staff to fortify the existing programs for storm drains and traffic circles and incorporate existing programs from the Parks & Rec department. In addition, the Adopt-a-Spot program shall be expanded and improved upon to support additional community engagement opportunities that can include, but are not limited to, restoring native habitat to promote biodiversity (including a Bee City USA liaison), litter removal, vegetation maintenance, graffiti removal, tree planting/watering/monitoring, monitoring sidewalk conditions, adoption of homeless encampments, coordinating volunteers for emergency situations, beautification efforts, and other ideas that the Berkeley community may wish to support and organize around.
Some features of the program are beyond the scope of our Commissions' visibility and will need to be finalized by Council and Staff. However, the following recommendations are offered:
Budget Commitment - to ensure success, the two new positions must be dedicated to volunteer coordination. Sharing of responsibilities across staff or financing only a single or half-time position should be avoided as it likely wouldn’t meet the needs of the community. If at least one dedicated position cannot be supported the role of Volunteer Coordinator should be given to a third-party or community non-profit group.
Program Design - the Volunteer Coordinators may work with interns and the community to define program features and details of implementation, which could include a phased approach (alternatively, the City could hire a consultant to outline the program),
Reporting Structure - options include Parks Rec & Waterfront, Public Works, Office of Sustainability, or the City Manager’s office (alternatively, the position could be shared across departments)
Supporting Tools - begin with the fewest but most necessary initial features. For example, policies and waivers, outreach tools such as a robust city webpage presence including dynamic maps and signage to recruit, volunteer reporting mechanisms to ensure compliance and track activity, volunteer appreciation events to build community, etc.
Financial Implications: See report.
Contact: Roger Miller, Commission Secretary, (510) 981-6700, Joe Enke, Commission Secretary, (510) 981-6300
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26b. Companion Report: Adopt A Spot Program Development Recommendations From: City Manager
Recommendation: Staff appreciates the thoughtful and important Parks and Waterfront and Public Works Commissions (Joint Commission Report) Adopt-a-Spot recommendation and recommends referring it to the FY2023-FY2024 budget process for consideration with other worthy requests.
Financial Implications: See report.
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700, Liam Garland, Public Works, (510) 981-6300
Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90- day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to approve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.
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Agendas and agenda reports may be accessed via the Internet at http://www.cityofberkeley.info/citycouncil
COMMUNICATION ACCESS INFORMATION:
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.
14 Tuesday, January 18, 2022 AGENDA Page 15
Captioning services are provided at the meeting, on B-TV, and on the Internet. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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 January 6, 2022.
Mark Numainville, City Clerk
Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing through Records Online .
2021 Local Cannabis Policy Scorecard
1. Getting it Right from the Start
BART Draft Environmental Impact Report
2. David Brandon (2)
3. Leslie Valas
4. Claudia Valas
5. Rashi Kesarwani
Brown Act Cure and Correct Demand Letter
6. Berkeley Progressive Alliance
Budget Review
7. Marc Sapir
Climate Equity Fund pilot RFP
8. Candace Hyde-Wang
Code Red Climate Event
9. Lauren Weston
COVID-19
10. Gary Hicks
11. David Lerman (2)
12. Blair Beekman
13. Navarre Oaks
Crime Suppression Unit
14. Cheryl Davila
15 Tuesday, January 18, 2022 AGENDA Page 16
15. Brian Witt
Elmwood Parking
16. Ron Kelly
17. Fern Burch
Emergency Shelter
18. Elana Auerbach
19. Cheryl Davila
Ferry Service
20. Terry Mandel
21. Mz Suzanne Joi
Golden Bear Inn
22. Beth Gerstein (4)
23. Lee Bishop
Gun Violence Crisis
24. Moni Law
Habitot Children’s Museum
25. Marjorie Tichenor
HMIS Case Manager Assignments
26. Omowale Fowles (2)
Homeless Shelter Concerns
27. [email protected] (3)
Hopkins Corridor Project
28. Donna DeDiemar
29. Garry Parrish
30. Jeffrey Kaplan (2)
Infrastructure Survey
31. Bob Flasher
Interview Request
32. Rebecca Smith
Letters
33. Blair Beekman
Marin Avenue Traffic Safety
34. Diana Damonte
16 Tuesday, January 18, 2022 AGENDA Page 17
35. Gina Rieger
36. Berkeley Path Wanderers Association
37. Farid Javandel
38. Janet Byron (2)
39. Susan Shimm
40. LJ Cranmer
41. LaTanya Bellow
Mosquitos
42. Josh Beth
Newsletters
43. Eden I&R (2)
44. Alameda County Mosquito Abatement District
45. Downtown Berkeley Association
Nilang Gor
46. Karen Rubio
Parking (Spaces, Citations, Fees)
47. Miriam Kasin
48. Danielle Adams
49. Dorothea Dorenz
Pedestrian Push Buttons
50. Walk Bike Berkeley
Pedestrian Safety
51. Margery Eriksson
Plant-Based Food Purchase Plan
52. Nancy Min Ji
Plastic Bag Ordinance
53. Similarly-worded form letters (91)
Police
54. John Lindsay-Poland
55. Mike Swenson
56. Blair Beekman
Prop 68 Technical Assistance Program
57. Jane Gray
Recent City Council Agenda Items
58. Blair Beekman
17 Tuesday, January 18, 2022 AGENDA Page 18
Robert’s Rules
59. Kitt Saginor
RV Parking
60. Jeff Vincent
61. Claire Heinzelman
62. Charlene Washington
Secure Justice Sues Berkeley, Again
63. Jack Kurzweil
Security Cameras
64. Geoff Lomax
SF Bay Area Crime
65. Blair Beekman (3)
Smoking Noncompliance
66. Carol Denney
Social Housing Pilot Study
67. Ryan Andresen
Solar Energy
68. Igor Tregub
69. Blair Beekman
State Housing Bills
70. Margot Smith
Support for Budget Referrals
71. Sierra Club
Surveillance State
72. Steve Martinot
Traffic Enforcement
73. David Lerman
74. Elisa Mikiten
Transient Occupancy Tax
75. Charles Koppelman
Tree Removal
76. Jenny Franco
77. Urban Forestry Staff
18 Tuesday, January 18, 2022 AGENDA Page 19
Upcoming Meetings
78. East Bay Community Energy (2)
URLs Only
79. Vivian Warkentin (3)
Vision Zero in West Berkeley
80. Similarly-worded form letters (3)
Violation of Sanctuary Contracting Ordinance
81. Elana Auerbach
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.
19 20
Ordinance No. 7,795-N.S. Page 1 of 8
ORDINANCE NO. 7,795-N.S.
AMENDING THE ANNUAL APPROPRIATIONS ORDINANCE NO. 7,779–N.S. FOR FISCAL YEAR 2022
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That the Annual Appropriations Ordinance based on the budget for FY 2022 submitted by the City Manager and passed by the City Council be amended as follows and as summarized in Exhibit A:
A. General Fund (Funds 001-099) 268,852,977
B. Special Funds (Funds 100-199) 164,350,818
C. Grant Funds (Funds 300-399) 107,330,975
D. Capital Projects Funds (Funds 500-550) 66,241,615
E. Debt Service Fund (Funds 551-599) 9,804,404
F. Enterprise Funds (Funds 600-669) 159,825,171
G. Internal Service Funds (Funds 146, 670-699) 60,393,936 H. Successor Agency (Funds 760-769) 57,120
I. Agency Funds (Funds 771-799) 8,396,768
J. Other Funds (Funds 800-899) 6,862,718
K. Total
Total General Fund 268,852,977
Add: Total Other Than General Fund 583,263,525
Gross Revenue Appropriated 852,116,502
Less: Dual Appropriations -75,174,972
Less: Revolving/Internal Service Funds -60,393,936
Net Revenue Appropriated 716,547,594
21 Ordinance No. 7,795-N.S. Page 2 of 8
Section 2. The City Manager is hereby permitted, without further authority from the City Council, to make the following transfers by giving written notice to the Director of Finance:
a. From the General Fund to the General Fund – Stability Reserve Fund; Catastrophic Reserve Fund; Paramedic Tax Fund; Health State Aid Realignment; Fair Election Fund; Capital Improvement Fund; Phone System Replacement; Equipment Replacement Fund; Public Liability Fund; Catastrophic Loss Fund; Police Employee Retiree Health Assistance Plan; Safety Members Pension Fund; and Sick Leave Entitlement Fund.
b. To the General Fund from the General Fund – Stability Reserves Fund; Catastrophic Reserves Fund; Community Development Block Grant Fund; Street Lighting Assessment District Fund; Zero Waste Fund; Marina Operations and Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Parking Meter Fund; Unified Program (CUPA); IT Cost Allocation Fund; and Health State Aid Realignment Fund. c. To the First Source Fund from the Parks Tax Fund; Capital Improvement Fund; and the Marina Fund.
d. From Gilman Sports Field Fund to Gilman Field Reserve Fund e. From Measure FF Fund to Paramedic Tax Fund.
f. From the American Rescue Plan Fund to the General Fund; Sports Field Fund; Playground Camp Fund; Marina Fund; Off-Street Parking Fund; and Parking Meter Fund.
g. From Capital Improvement Fund to PERS Savings Fund; Berkeley Repertory Theater Fund; and 2010 COP (Animal Shelter) Fund.
h. To the Public Art Fund from the Parks Tax Fund; Capital Improvement Fund; and the Marina Fund.
i. To CFD#1 District Fire Protection Bond (Measure Q) from Special Tax Bonds CFD#1 ML-ROOS.
j. To Private Sewer Lateral Fund from Sanitary Sewer Operation Fund. k. To Catastrophic Loss Fund from Permit Service Center Fund. l. To Catastrophic Loss Fund from Unified Program (CUPA) Fund. m. To the Building Purchases and Management Fund from General Fund; Health (General) Fund; Rental Housing Safety Program Fund; Measure B Local Streets & Road Fund; Employee Training Fund; Zero Waste Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Off Street
22 Ordinance No. 7,795-N.S. Page 3 of 8
Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Building Maintenance Fund; Central Services Fund; and Health State Aide Realignment Trust Fund.
n. To Equipment Replacement Fund from General Fund; Mental Health Services Act Fund; Health (Short/Doyle) Fund; Vector Control Fund; Paramedic Tax Fund; Playground Camp Fund; State Transportation Tax Fund; Rental Housing Safety Program Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Central Services Fund.
o. To the Equipment Maintenance Fund from General Fund; Health (General) Fund; Mental Health Services Act Fund; Health (Short/Doyle) Fund; Vector Control Fund; Paramedic Tax Fund; Library - Discretionary Fund; Playground Camp Fund; State Transportation Tax Fund; Rental Housing Safety Program Fund; Rent Stabilization Board Fund; Parks Ta Fund; Street Light Assessment District Fund; FEMA Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Central Services Fund.
p. To the Building Maintenance Fund from the General Fund; Health (General) Fund; Health (Short/Doyle) Fund; Measure B Local Street & Road Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Off Street Parking Fund; Parking Meter Fund; Equipment Maintenance Fund; Building Maintenance Fund; and Mental Health State Aid Realignment Fund.
q. To the Central Services Fund from the General Fund; First Source Fund; Health (Short/Doyle) Fund; Library-Discretionary Fund; Playground Camp Fund; Rent Stabilization Board Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation; Building Purchases & Management Fund; Building Maintenance Fund; Central Services Fund; and Mental Health State Aid Realignment Fund.
r. To Information Technology Cost Allocation Plan Fund from General Fund; Target Case Management/Linkages Fund; Health (Short/Doyle); Library Fund; Playground Camp Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Rent Stabilization Board Fund; Parks Tax Fund; Street Light Assessment District Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation; Clean Storm Water Fund; Permit Service Center Fund; Off Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Equipment Maintenance Fund; Building Maintenance Fund; Information Technology Cost Allocation Plan Fund; Health
23 Ordinance No. 7,795-N.S. Page 4 of 8
State Aid Realignment Trust Fund; and Mental Health State Aid Realignment Fund.
s. To the Workers' Compensation Self-Insurance Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.
t. To the Sick Leave and Vacation Leave Accrual Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure
24 Ordinance No. 7,795-N.S. Page 5 of 8
F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund; Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.
u. To the Payroll Deduction Trust Fund from General Fund; Special Tax for Severely Disabled Measure E Fund; First Source Fund; HUD Fund; ESGP Fund; Health (General) Fund; Target Case Management/Linkages Fund; Mental Health Service Act Fund; Health (Short/Doyle) Fund; EPSDT Expansion Proposal Fund; Senior Nutrition (Title III) Fund; C.F.P. Title X Fund; Fund Raising Activities Fund; Berkeley Unified School District Grant; Vector Control Fund; Paramedic Tax Fund; Alameda County Grants Fund; Senior Supportive Social Services Fund; Family Care Support Program Fund; Domestic Violence Prevention – Vital Statistics Fund; Affordable Housing Mitigation; Inclusionary Housing Program; Library – Discretionary Fund; Playground Camp Fund; Community Action Program Fund; State Proposition 172 Public Safety Fund; State Transportation Tax Fund; CDBG Fund; Rental Housing Safety Program; Measure B Local State & Road Fund; Measure B Bike & Pedestrian Fund; Measure B – Paratransit Fund; Measure F Alameda County Vehicle Registration Fee Streets & Roads Fund; Measure BB – Paratransit Fund; Fair Election Fund; Measure U1 Fund; One-Time Grant: No Cap Expense Fund; Rent Stabilization Board Fund; Parks Tax Fund; Measure GG – Fire Prep Tax Fund; Street Lighting Assessment District Fund; Employee Training Fund; Private Percent – Art Fund; Measure T1 – Infrastructure & Facilities Fund; FUND$ Replacement Fund; Capital Improvement Fund; FEMA Fund; CFD #1 District Fire Protect Bond Fund; Special Tax Bonds CFD#1 ML-ROOS Fund; Shelter+Care HUD Fund; Shelter+Care County Fund; Zero Waste Fund; Marina Operations/Maintenance Fund; Sanitary Sewer Operation Fund; Clean Storm Water Fund; Private Sewer Lateral Fund; Permit Service Center Fund; Off-Street Parking Fund; Parking Meter Fund; Unified Program (CUPA) Fund; Building Purchases & Management Fund; Equipment Replacement Fund; Equipment Maintenance Fund; Building Maintenance Fund; Central Services Fund; Workers’ Compensation Fund; Public Liability Fund; Information Technology Cost Allocation Plan Fund; Health State Aid Realignment Trust Fund; Tobacco Control Trust Fund;
25 Ordinance No. 7,795-N.S. Page 6 of 8
Mental Health State Aid Realignment Fund; Alameda Abandoned Vehicle Abatement Authority; and Bio-Terrorism Grant Fund.
Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
At a regular meeting of the Council of the City of Berkeley held on December 14, 2021, this Ordinance was passed to print and ordered published by posting by the following vote:
Ayes: Bartlett, Hahn, Kesarwani, Robinson, Taplin, Wengraf, and Arreguin.
Noes: None.
Absent: Harrison, Droste.
26 Ordinance No. 7,795-N.S. Page 7 of 8
Attachment for Annual Appropriations Ordinance - Fiscal Year 2022
REVOLVING FUNDS/INTERNAL SERVICE FUNDS
Appropriations are identified with revolving and internal service funds. Such funds derive revenue by virtue of payment from other fund sources as benefits are received by such funds, and the total is reflected in the "Less Revolving Funds and Internal Service Funds" in item I. The funds are:
Revolving/Internal Service Funds
Employee Training Fund 961,840
Equipment Replacement Fund 16,510,385
Equipment Maintenance Fund 9,990,781
Building Maintenance Fund 4,686,074
Central Services Fund 388,107
Workers' Compensation Fund 6,706,769
Public Liability Fund 4,212,789
16,937,191
Subtotal Revolving/Internal Service Funds 60,393,936$
Information Technology Fund
DUAL APPROPRIATIONS - WORKING BUDGET
Dual appropriations are identified with revenues generated by one fund and transferred to another fund. Both funds are credited with the applicable revenue, and the total is reflected in the "Less Dual Appropriations" in item I. The dual appropriations are:
Dual Appropriations
Transfers to the General Fund
Indirect Cost Reimbursement
CDBG Fund 138,719
One-Time Grant: No Cap Exp 225,000
Street Light Assessment District Fund 96,775
Zero Waste Fund 2,001,399
Marina Enterprise Fund 411,719
Sanitary Sewer Fund 992,964
Clean Storm Water Fund 205,400
Permit Service Center Fund 1,615,758
Unified Program (CUPA) Fund 72,517
Subtotal Transfers to General Fund: 5,760,251$
27 Ordinance No. 7,795-N.S. Page 8 of 8
Transfer to Safety Members Pension Fund from General Fund 551,804 5,120,350
Transfer to Stability Reserve Fund from General Fund 1,375,000 Transfer to Catastrophic Reserve Fund from General Fund 1,125,000 Transfer to PERS Savings Fund from General Fund 2,000,000 Transfer to Health State Aid Realignment from General Fund 1,953,018 Transfer to Fair Election Fund from General Fund 505,002 Transfer to Capital Improvement Fund (CIP) from General Fund 4,950,905 449,408
Transfer to Equipment Replacement Fund from General Fund 1,081,699 Transfer to Public Liability Fund from General Fund 3,895,888 Transfer to Catastrophic Loss Fund from General Fund 3,129,119 Transfer to IT Cost Allocation Fund from General Fund 145,640 400,136
Transfer to Sick Leave Entitlement Fund from General Fund 201,501 150,000
Transfer to General Fund from Health State Aid Realignment Fund 2,643,280 757,925
Transfer to General Fund from American Rescue Plan Fund 22,969,355 196,000
Transfer to Playground Camp Fund from American Rescue Plan Fund 1,035,000 1,400,000
Transfer to Off-Street Parking Fund from American Rescue Plan Fund 3,940,000 4,340,000
Transfer from CIP Fund to PERS Savings Fund 151,632
499,802
Transfer from CIP Fund to 2010 COP (Animal Shelter) Fund 402,613 90,501
50,555
5,082
Transfer to General Fund from Parking Meter Fund 1,742,288 2,048,940
Transfer to First Source Fund from Parks Tax Fund 14,093 Transfer to First Source Fund from Capital Improvement Fund 26,943 Transfer to First Source Fund from Marina Fund 1,875
Transfer to Public Art Fund from Parks Tax Fund 21,140
Transfer to Public Art Fund from Capital Improvement Fund 40,414 Transfer to Public Art Fund from Marina Fund 2,813
Subtotal Transfers to Other Funds: 69,414,721
Sub-Total Dual Appropriations 75,174,972$
Grand Total Dual Appropriations 135,568,908$
Transfer to Phone System Replacement - VOIP from General Fund Transfer to Police Employee Retiree Health Assistance Plan from General Fund Transfer from Special Tax Bonds CFD#1 ML-ROOS to CFD#1 District Fire Protect Bond (Measure Q)
Transfer to Catastrophic Loss Fund from Permit Service Center Fund Transfer to Catastrophic Loss Fund from Unified Program (CUPA) Fund Transfer to Private Sewer Lateral Fund from Sewer Fund
Transfer to Berkeley Repertory Theater Debt Service Fund from CIP Fund Transfer to Measure U1 Fund from General Fund
Transfer to Sports Field Fund from American Rescue Plan Fund Transfer to Marina Fund from American Rescue Plan Fund
Transfer to Parking Meter Fund from American Rescue Plan Fund Transfer to Paramedic Tax Fund from Measure FF - Public Safety Fund Transfer to Gilman Field Reserve Fund from Sports Field Fund
28 EXHIBIT A
Encumbered Unencum. Other Total FY 2021
ERMA
Fund # Fund
FY 2022
Adopted
Rollovers Carryovers Adjustments Amend. Revised #1
11 General Fund Discretionary 234,754,491 8,451,781 4,405,774 12,151,842 25,009,397 259,763,888 16 Measure U1 - Housing 6,446,014 1,496,912 - 1,146,163 2,643,075 9,089,089 101 Library - Tax 25,037,858 114,282 - - 114,282 25,152,140 103 Library - Grants 64,889 - - - - 64,889 104 Library - Friends & Gift 150,000 197 - - 197 150,197 105 Library - Foundation 350,000 46 - - 46 350,046 106 Asset Forefeiture 201,000 13,165 - 150,000 163,165 364,165 107 Special Tax Measure E 1,451,853 - - - - 1,451,853 108 First Source Fund 46,675 - - - - 46,675 110 Sec 108 Loan Gty Asst. 553,108 - - - - 553,108 111 Fund Raising Activities 53,875 - - 21,000 21,000 74,875 113 Sports Field (Vendor Oper) 258,234 67,547 - 300,000 367,547 625,781 114 Gilman Fields Reserve - 2,694 - - 2,694 2,694 115 Animal Shelter 52,480 5,440 - - 5,440 57,920 116 Paramedic Tax 4,916,665 - - - 4,916,665 117 CA Energy Commission - 44,249 - - 44,249 44,249 119 Domestic Violence Prev - Vit Stat 22,587 - - - 22,587 120 Affordable Housing Mitigation 2,716,178 2,657,746 - - 2,657,746 5,373,924 121 Affordable Child Care 13,275 - - - 13,275 122 Inclusionary Housing Program 550,501 - - - 550,501 123 Condo Conversion 109,617 997,980 - - 997,980 1,107,597 124 Parking In-Lieu Fee - 82,010 - - 82,010 82,010 125 Playground Camp 13,850,034 11,933,425 1,752,661 2,287,295 15,973,381 29,823,415 126 State-Prop 172 Pub.Safety 426,693 16,187 - 500,000 516,187 942,880 127 State Transportation Tax 6,009,197 1,764,873 1,359,461 67,502 3,191,836 9,201,033 128 CDBG 4,576,057 278,782 - - 278,782 4,854,839 129 Rental Housing Safety Program 2,230,164 1,689 - - 1,689 2,231,853 130 Measure B - Local St & Road 3,536,592 1,621,635 339,986 134,674 2,096,295 5,632,887 131 Measure B - Bike and Pedestrian 234,330 54,788 28,423 - 83,211 317,541 132 Measure B - Paratransit 525,433 17,606 - - 17,606 543,039 133 Measure F Alameda County VRF St & Rd 519,245 180,621 186,490 70,200 437,311 956,556 134 Measure BB - Local St & Road 4,314,642 3,309,843 1,492,470 1,756,350 6,558,663 10,873,305 135 Meaure BB - Bike & Pedestrian 124,414 316,130 190,540 622,655 1,129,325 1,253,739 136 Measure BB - Paratransit 447,741 28,420 - - 28,420 476,161 137 One Time Funding - 19,080 - - 19,080 19,080 138 Parks Tax 14,402,630 2,166,244 2,171,817 38,535 4,376,596 18,779,226 139 Street and Open Space Improvement - 1,702 - - 1,702 1,702 140 Measure GG - Fire Prep Tax 4,897,270 215,209 - 295,320 510,529 5,407,799 142 Streetlight Assesment District 2,671,488 271,489 252,991 - 524,480 3,195,968 143 Berkeley Bus Ec Dev 156,387 4,550 - 520,000 524,550 680,937 145 Bayer (Miles Lab) 8,500 9 943 - 952 9,452 146 Employee Training 807,304 154,536 - - 154,536 961,840 147 UC Settlement 21,219 8,960 121,164 4,892,942 5,023,066 5,044,285 148 Private Percent - Art Fund 20,646 7,493 822,479 - 829,972 850,618 149 Private Party Sidewalks 100,000 - 150,000 100,000 250,000 350,000 150 Public Art Fund 64,367 8,000 30,085 52,709 90,794 155,161 152 Vital & Health Statistics Trust Fund 29,813 - - - - 29,813 156 Hlth State Aid Realign Trust 3,806,205 - - - - 3,806,205 157 Tobacco Cont.Trust 352,325 45,692 - - 45,692 398,017 158 Mental Health State Aid Realign 3,182,564 269,404 - - 269,404 3,451,968 159 Citizens Option Public Safety Trust 258,724 72,912 - 200,000 272,912 531,636 161 Alameda Cty Abandoned Vehicle Abatement 96,449 4,148 - - 4,148 100,597 162 Shelter Operations - - - 170,953 170,953 170,953 164 Measure FF 12,750,000 - - - - 12,750,000 165 Fair Elections 505,002 - - - - 505,002 302 Operating Grants - State 63,276 - 228,905 - 228,905 292,181 305 Capital Grants - Federal - - 947,225 6,115,293 7,062,518 7,062,518 306 Capital Grants - State - 516,627 2,189,577 130,000 2,836,204 2,836,204 307 Capital Grants - Local - 639,254 - - 639,254 639,254 309 OTS DUI Enforcement Education Prg. 129,500 1,745 - 180,000 181,745 311,245 310 HUD/Home 803,968 31,250 - - 31,250 835,218 311 ESGP 576,637 1,428,661 2,112,000 - 3,540,661 4,117,298 312 Health (General) 2,054,767 5,440 - 1,940,897 1,946,337 4,001,104 313 Target Case Management Linkages 827,961 91,055 - - 91,055 919,016 314 Alameda County Tay Tip 35,812 - - - - 35,812 315 Mental Health Service Act 10,030,261 1,357,923 - 686,718 2,044,641 12,074,902 316 Health (Short/Doyle) 4,725,112 262,739 - 56,040 318,779 5,043,891 317 EPSDT Expansion Proposal 389,139 - - - - 389,139 318 Alcoholic Bev Ctr OTS/UC 52,804 - - 72,440 72,440 125,244 319 Youth Lunch 101,900 252,636 - - 252,636 354,536 320 Sr. Nutrition Title III 107,003 - - - - 107,003 321 CFP Title X 65,086 790 - 114,914 115,704 180,790 1st AAO
SUMMARY OF APPROPRIATIONS BY FUND
22AAO#1 Working Docs for 12.14.21 Report FINAL Revised 12.13.21.xlsx
29 EXHIBIT A
Encumbered Unencum. Other Total FY 2021
ERMA
Fund # Fund
FY 2022
Adopted
Rollovers Carryovers Adjustments Amend. Revised #1
1st AAO
SUMMARY OF APPROPRIATIONS BY FUND
324 BUSD Grant 362,343 - - - - 362,343 325 Vector Control 339,173 9,572 - - 9,572 348,745 326 Alameda County Grants 624,203 4,231 - 2,884 7,115 631,318 327 Senior Supportive Social Services 64,339 - - - - 64,339 328 Family Care Support Program 75,212 - - - - 75,212 329 CA Integrated Waste Management 5,244 1,703 - 13,693 15,396 20,640 331 Housing Mitigation 1,126,763 - - - - 1,126,763 333 CALHOME 363,100 - - - - 363,100 334 Community Action 298,878 5,043 161,181 68,620 234,844 533,722 336 One-Time Grant: No Cap Exp 3,043,587 785,965 1,497,894 2,555,820 4,839,679 7,883,266 338 Bay Area Air Quality Management 60,000 - - - - 60,000 339 MTC 125,000 388,470 2,665 24,000 415,134 540,134 340 FEMA 790,560 14,137 - - 14,137 804,697 341 Alameda Cty Waste Mgt. 285,000 - - - - 285,000 343 State Dept Conserv/Recylg 28,000 - - - - 28,000 344 Caltrans Grant - 254,064 490,789 7,759 752,612 752,612 345 Meas WW - Park Bond - Grant - 1,220 - - 1,220 1,220 346 Caltrans Safe Routes 2 Schools - 9,757 - - 9,757 9,757 347 Shelter+Care HUD 6,240,760 - - 30,723 30,723 6,271,483 348 Shelter+Care County 855,792 - - - - 855,792 349 JAG Grant 52,500 - - - - 52,500 350 Bioterrorism Grant 240,124 14,244 114,621 229,931 358,796 598,920 351 UASI Regional Fund - 26,510 - 9,193 35,703 35,703 354 ARPA - Local Fiscal Recovery Fund 46,300,355 - - - - 46,300,355 501 Capital Improvement Fund 8,393,901 3,392,733 5,660,850 53,350 9,106,933 17,500,834 502 Phone System Replacement 449,408 3,508 - - 3,508 452,916 503 FUND$ Replacement 3,571,725 2,036,745 - - 2,036,745 5,608,470 504 PEG-Public, Education & Government 100,000 - - - - 100,000 506 Meas M - Street and Watershed Imprv - 18,119 12,216 - 30,335 30,335 511 Measure T1 - Infra & Facil. 12,816,854 3,740,710 2,534,975 1,341,410 7,617,096 20,433,950 512 Measure O 6,445,567 15,365,998 303,545 - 15,669,543 22,115,110 552 09 Measure FF Debt Service 1,343,638 - - - - 1,343,638 553 2015 GORBS 2,051,966 - - - - 2,051,966 554 2012 Lease Revenue Bonds BJPFA 502,238 - - - - 502,238 555 2015 GORBS - 2002 G.O. Refunding Bonds 379,561 - - - - 379,561 556 2015 GORBS (2007, Series A) 142,865 - - - - 142,865 557 2015 GORBS (2008 Measure I) 481,286 - - - - 481,286 558 2010 COP (Animal Shelter) 406,991 - - - - 406,991 559 Measure M GO Street & Water Imps 740,738 - - - - 740,738 560 Infrastucture & Facilities Measure T1 1,731,181 - - - - 1,731,181 561 Measure O - Housing Bonds 2,023,940 - - - - 2,023,940 601 Zero Waste 48,199,561 2,891,371 - 280,466 3,171,837 51,371,398 606 Mar -Coastal Conservancy - 7,868 - - 7,868 7,868 607 Mar - Dept of Boating & Waterway - 60,480 32,980 - 93,460 93,460 608 Marina Operation 7,308,402 2,084,891 2,416,629 341,113 4,842,633 12,151,035 611 Sewer 30,227,353 14,289,703 333,713 39,493 14,662,909 44,890,262 612 Private Sewer Lateral FD 193,658 - - - - 193,658 616 Clean Storm Water 4,899,517 91,904 903,907 - 995,811 5,895,328 621 Permit Service Center 20,692,553 1,718,551 186,671 364,010 2,269,232 22,961,785 622 Unified Program (CUPA) 821,845 2,359 - 4,565 6,924 828,769 627 Off Street Parking 6,551,006 627,366 120,300 6,000 753,666 7,304,672 631 Parking Meter 10,006,409 297,567 341,236 - 638,803 10,645,212 636 Building Purchases and Management 3,434,440 47,284 - - 47,284 3,481,724 671 Equipment Replacement 5,906,134 8,554,359 1,194,186 855,706 10,604,251 16,510,385 672 Equipment Maintenance 9,812,320 138,968 - 39,493 178,461 9,990,781 673 Building Maintenance Fund 4,463,546 222,528 - - 222,528 4,686,074 674 Central Services 385,483 2,624 - - 2,624 388,107 676 Workers Compensation 6,593,924 112,845 - - 112,845 6,706,769 678 Public Liability 3,843,932 368,857 - - 368,857 4,212,789 680 Information Technology 14,673,515 1,965,926 297,750 - 2,263,676 16,937,191 762 Successor Agency - Savo DSF 57,120 - - - - 57,120 776 Thousand Oaks Underground 98,448 - - - - 98,448 777 Measure H - School Tax 500,000 2 - - 2 500,002 778 Measure Q - CFD#1 Dis. Fire Protect Bond 2,048,940 29,445 - - 29,445 2,078,385 779 Spl Tax Bds. CFD#1 ML-ROOS 2,823,820 - - - - 2,823,820 781 Berkeley Tourism BID 181,125 (35,954) - 63,600 27,646 208,771 782 Elmwood Business Improvement District 30,000 1 - 32,388 32,389 62,389 783 Solano Ave BID 25,000 - - 7,809 7,809 32,809 784 Telegraph Avenue Bus. Imp. District 523,371 - - 238,437 238,437 761,808 785 North Shattuck BID 210,363 - - 110,972 110,972 321,335 786 Downtown Berkeley Prop & Improv. District 1,313,214 - - 195,787 195,787 1,509,001 801 Rent Board 6,275,535 587,183 - - 587,183 6,862,718 22AAO#1 Working Docs for 12.14.21 Report FINAL Revised 12.13.21.xlsx
30 EXHIBIT A
Encumbered Unencum. Other Total FY 2021
ERMA
Fund # Fund
FY 2022
Adopted
Rollovers Carryovers Adjustments Amend. Revised #1
1st AAO
SUMMARY OF APPROPRIATIONS BY FUND
GROSS EXPENDITURE: 673,601,287 101,434,451 35,389,100 41,691,663 178,515,215 852,116,502 Dual Appropriations (74,849,421) - - (325,551) (325,551) (75,174,972) Revolving & Internal Service Funds (46,486,158) (11,520,643) (1,491,936) (895,198) (13,907,778) (60,393,936)
NET EXPENDITURE: 552,265,708 89,913,808 33,897,163 40,470,914 164,281,886 716,547,594 22AAO#1 Working Docs for 12.14.21 Report FINAL Revised 12.13.21.xlsx
31 32
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
CONSENT CALENDAR
January 18, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Modifying the 2022 City Council Meeting Schedule
RECOMMENDATION
Adopt a Resolution modifying the City Council regular meeting schedule for 2022, with starting times of 6:00 p.m., to account for religious and cultural holidays as determined by Resolution No. 70,066-N.S.
FISCAL IMPACTS OF RECOMMENDATION
None.
BACKGROUND
On September 14, 2021 the City Council adopted a meeting schedule for 2022.
Subsequently, on October 12, 2021 the Council adopted Resolution No. 70,066-N.S. to avoid scheduling of meetings of the City Legislative Bodies on any religious holiday that incorporates significant work restrictions.
As directed by the resolution, staff consulted with local religious leaders to identify the significant religious holidays as identified in Attachment 1. The creation of this list requires modifications to the existing 2022 Council schedule to account for the religious holidays.
Pursuant to the Open Government Ordinance, the Council must adopt an annual regular meeting schedule with at least 24 regular meetings. The schedule generally consists of either two or three meetings per month and provides for Spring, Summer and Winter recess periods.
Six City Council Worksessions will be scheduled for 2022. This number is slightly lower than previous years due to holidays, Election Day, and the need for two meetings in December to meet the 24-meeting requirement. The Worksessions are scheduled for the following dates.
January 20, 2022
February 15, 2022
March 15, 2022
33 Establish 2022 City Council Meeting Schedule CONSENT CALENDAR January 18, 2022
April 19, 2022
June 21, 2022
July 19, 2022
The Mayor or a majority of the Council may call special meetings as needed. The Council may also amend the regular meeting schedule when necessary.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities, or any climate impacts associated with the subject of this report.
CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:
1: List of Significant Religious and Cultural holidays
2: Resolution
Exhibit A: Revised 2022 Council Calendar
34 Attachment 1
Pursuant to Resolution No. 70,066-N.S., it is the policy of the City to avoid scheduling meetings of City Legislative Bodies (City Council, Commissions and Boards, Council Policy Committees, Task Forces) on religious holidays that incorporate significant work restrictions.
City legislative bodies must avoid scheduling meetings on the religious holidays listed below.
Religion Holiday Date 2022 Date
Christian Good Friday Varies (March or April) 4/15/22
Christian Easter Sunday Varies (March or April) 4/17/22 Christian Christmas December 25 12/25/22
Jewish Rosh Hashanah Varies (Sept. or Oct.) 9/25/22-9/27/22 Jewish Yom Kippur Varies (Sept. or Oct.) 10/4/22-10/5/22 Jewish Sukkot - first and last day Varies (Sept. or Oct.) 10/9/22, 10/16/22 Jewish Shmini Atzeret Varies (Sept. or Oct.) 10/16/22-10/18/22 Jewish Simchat Torah Varies (Sept. or Oct.) 10/17/22-10/18/22 Jewish Chanukah (1st night) Varies (Nov. or Dec.) 12/18/22 Jewish Passover (Nights 1, 2, 7, 8) Varies (March or April) 4/15,4/16,4/22,4/23 Jewish Shavuot Varies (May or June) 6/4/22-6/6/22
Jewish Shabbat Weekly Friday sunset to
Saturday sunset
Jewish* Purim Varies (February or March) 3/16/22-3/17/22 Jewish* Tish'a B'Av Varies (July or August) 8/5/22-8/6/22 Jewish* Yom HaShoah Varies (April or May) 4/27/22-4/28/22 Buddhist Vesak Varies (April or May) 5/6/22
Hindu Diwali Varies (Oct. or Nov.) 10/24/22
Hindu Dussera Varies (Oct.) 10/5/2022
Hindu Holi Varies (March) 3/17-3/18
Hindu Makar Sankranti Varies (January or February) 1/14/2022 Islam Eve & First Night of Ramadan Varies 4/222 – 4/3/22 Islam Eid al-Fitr Varies 5/2/22-5/3/22
Islam Eid al-Adha Varies 7/9/22-7/10/22
Shinto New Year January 1-3 1/1/22-1/3/22
Shinto Obon Ceremony August 13-15 8/13/22-8/15/22
Baha’i Faith Birth of Baja’u’llah Varies 10/26/22-10/27/22 Baha’i Faith Birth of Bab Varies 10/25/22-10/26/22
Cultural Chinese New Year (Day 1-7) Varies (Jan. 21 – Feb. 20) 2/1/22-2/7/22 Cultural Kwanzaa Dec. 26 – Dec. 31 12/26/22-1/1/23
* No work restriction, but avoid scheduling meetings if possible
35 Attachment 2
RESOLUTION NO. ##,###-N.S.
ADOPTING THE CITY COUNCIL 2022 REGULAR MEETING SCHEDULE WHEREAS, pursuant to the Open Government Ordinance, the Council must adopt an annual meeting schedule with at least 24 regular meetings; and WHEREAS, the proposed schedule (Exhibit A) provides for regular meetings to occur with starting times of 6:00 p.m. on specified Tuesdays of each month with exceptions provided for recess periods or when a meeting would fall on a City, religious or cultural holiday or Election Day; and
WHEREAS, the Council desires to establish as part of their schedule a Winter, Spring and Summer recess period for 2022; and
WHEREAS, the Mayor or a majority of the Council may call special meetings or revise the regular meeting schedule when necessary.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council adopts the 2022 regular meeting schedule on specified Tuesdays of each month with exceptions provided for when a meeting would fall on a City, religious or cultural holiday or Election Day, at 6:00 p.m. as indicated:
Winter Recess – December 15, 2021 – January 17, 2022
January 18 and January 25, 2022
February 8 and February 22, 2022
March 8 and March 22, 2022
Spring Recess – March 23 – April 11, 2022
April 12 and April 26, 2022
May 10, May 24, and May 31, 2022
June 14 and June 28, 2022
July 12 and July 26, 2022
Summer Recess – July 27 – September 12, 2022
September 13, September 20, and September 29, 2022
October 6, 2022
November 3, November 15, and November 29, 2022
December 6 and December 13, 2022
Winter Recess – December 14, 2022 – January 16, 2023
Exhibit A: 2022 Council Calendar
36 City Clerk Department 2022 Council Calendar
(Subject to change. For the latest information, please contact the City Clerk Department, 510-981-6900.)
Date Time
January
Winter Recess (Dec. 15, 2021 – Jan. 17, 2022)
Jan 18 6:00 p.m.
Jan 25 6:00 p.m.
February
Feb 8 6:00 p.m.
Feb 22 6:00 p.m.
March
Mar 8 6:00 p.m.
Mar 22 6:00 p.m.
April
Spring Recess (March 23 – April 11, 2022)
April 12 6:00 p.m.
April 26 6:00 p.m.
May
May 10 6:00 p.m.
May 24 6:00 p.m.
May 31 6:00 p.m.
June
June 14 6:00 p.m.
June 28 6:00 p.m.
July
July 12 6:00 p.m.
July 26 6:00 p.m.
Summer Recess (July 27 – Sept. 12, 2022)
September
Sept 13 6:00 p.m.
Sept 20 6:00 p.m.
Sept 29 (Thu.) 6:00 p.m.
October
Oct 6 (Thu.) 6:00 p.m.
November
Nov 3 (Thu.) 6:00 p.m.
Nov 15
Nov 29 6:00 p.m.
December
Dec 6 6:00 p.m.
Dec 13 6:00 p.m.
Winter Recess (Dec. 14, 2022 – Jan. 16, 2023)
Exhibit A
37 38
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
JANUARY 18, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Amelia Funghi, Animal Shelter Manager
Subject: Donation to the Animal Shelter from the Stephen and Mary Birch Foundation
RECOMMENDATION
Adopt a Resolution accepting a donation from the estate of Stephen and Mary Birch in the sum of $10,000.00.
FISCAL IMPACTS OF RECOMMENDATION
A donation in the amount of $10,000 from The Stephen and Mary Birch Foundation to Animal Services will be used for off-site veterinary care and be deposited in the Animal Services Donation Fund. Animal Services spends approximately $20,000 for off-site veterinary care and a $10,000 donation will subsidize 50% of this expense.
CURRENT SITUATION AND ITS EFFECTS
Berkeley Animal Care Services (BACS) houses and cares for approximately 1,100 stray, surrendered and abandoned animals each year. Many animals arrive needing veterinary care related to injury or advanced disease processes. Animal Services strives to treat all sick and injured animals that have a good chance of recovery and adoption and uses several local veterinary clinics to provide services that cannot be provided at the shelter such as X-rays, ultrasounds and specialized surgeries. Providing this care is critical to maintaining a high live release rate and low euthanasia rate for shelter animals.
BACKGROUND
Each year starting in 2008, the Stephen and Mary Birch Foundation have generously donated money to BACS to be used for the welfare of the shelter animals. This donation has consistently been used for veterinary care of shelter animals.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACT
There are no identifiable environmental effects or opportunities associated with the subject of this report.
39 Donation to the Animal Shelter from the Stephen and Mary Birch Foundation CONSENT CALENDAR January 18, 2022
RATIONALE FOR RECOMMENDATION
Animal Services must provide essential veterinary care to shelter animals in order to maintain a high live release rate. A donation in the amount of $10,000 will subsidize 50% of the amount Animal Services spends on off-site veterinary care annually.
ALTERNATIVE ACTIONS CONSIDERED
If the City were not to accept the $10,000 donation from the Stephen and Mary Birch Foundation, Animal Services would need to use a comparable amount from the Animal Services Donation Fund.
CONTACT PERSON
Amelia Funghi, Animal Shelter Manager (510) 981-6603
40 RESOLUTION NO. -N.S.
ADOPT A RESOLUTION ACCEPTING A DONATION TO THE ANIMAL SHELTER FROM THE STEPHEN AND MARY BIRCH FOUNDATION IN THE SUM OF $10,000 WHEREAS, The Stephen and Mary Birch Foundation has named Berkley Animal Care Services (BACS) as a recipient of a gift; and
WHEREAS, BACS houses and cares for approximately 1,100 stray, surrendered and abandoned animals each year; and
WHEREAS, the shelter treats sick and injured animals that have a good chance of recovery and adoption, and donations are often used to cover these veterinary bills; and WHEREAS, the donation in the sum of $10,000 will be deposited in the Animal Shelter Donation Fund.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council accepts a donation to the Animal Shelter from the Stephen and Mary Birch in the sum of $10,000.
41 42
City Manager’s Office
CONSENT CALENDAR
January 18, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Extension of Declaration of Homeless Shelter Crisis
RECOMMENDATION
Adopt a Resolution extending Resolution No. 69,189-N.S., Declaring a Homeless Shelter Crisis until January 19, 2024.
BACKGROUND
Before the COVID-19 pandemic, Berkeley was experiencing an acute housing crisis that has directly caused steadily increasing rates of homelessness. Between 2009 and 2017, Berkeley’s homeless Point in Time Count increased at an average rate of roughly 10% every two years, and then increased nearly 14% between 2017 and 2019, the last year in which a homeless count was conducted.
In response to the severe shortage of shelter beds and housing, on January 19, 2016, the Berkeley City Council unanimously approved Resolution No. 67,746-N.S., Declaring a Shelter Crisis in Berkeley. Originally set to expire on January 19, 2017, the Resolution has been extended multiple times, most recently through Resolution No.69,189-N.S. on November 19, 2019, which extended it to January 19, 2022.
Since that time, the pandemic has exacerbated the crisis on our streets in several ways. When COVID-19 hit in March of 2020, much of the momentum to shelter homeless people and clean public areas was paused as the City scrambled to protect everyone, including our most vulnerable residents, from serious illness and death. To comply with health orders, the City was forced to reduce shelter capacity to enable greater physical distancing, reducing the number of year-round shelter beds from 256 shelter beds to 129 beds, making shelter significantly scarcer. Moreover, to comply with guidance from the CDC, which advised communities nationwide to not clear homeless encampments without first making offers of individual rooms to every resident, we paused our efforts to close even the most dangerous and entrenched encampments. The pandemic also significantly reduced staff capacity to respond to issues of homelessness. All of this happened, of
43 Extension of Homeless Shelter Crisis CONSENT CALENDAR January 18, 2022
course, amidst a severe economic recession that exacerbated housing insecurity and increased the risk of homelessness for low-income communities across the Bay Area.
In response, the City shifted its winter shelter model from an inclement weather-only shelter to an every night shelter between November 30 and April 15, increasing the number of shelter beds available by 19. In July 2021 the City opened a new 50-bed shelter, the Horizon shelter, on Grayson St., and followed by opening a 40-slip Safe RV Parking program at the site in September. Staff used State and Federal emergency resources to create 18 new noncongregate shelter beds in the Berkeley Respite Shelter program.
Additionally, staff supported Alameda County and Berkeley shelters to move people who met the CDC’s criteria for high risk if COVID-19 positive into Project Roomkey hotels and partnered with Alameda County to establish 69 non-congregate units at two Safer Ground hotels in Berkeley. The City has also used Measure P resources to launch the Homeless Response Team, which since September has assisted over 25 encampment residents into shelter and over 15 RV residents into Safe Parking. Nevertheless, the resources at our disposal have not been enough to bring every unsheltered Berkeleyan off the streets.
In July 2021, the City Council adopted the All Home Regional Action Plan, committing the City to an ambitious 75% reduction in unsheltered homelessness over the next three years. Given the extensive remaining need on the street, and in order to meet the spirit of urgency reflected in the adoption of the Regional Action Plan, staff requests another extension of the shelter crisis declaration, which will allow the City to continue our efforts to respond quickly and efficiently to the crisis.
FINANCIAL IMPLICATIONS
Continuing Berkeley’s shelter crisis may have the effect of expediting access and use of new and future State homelessness resources.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
An increase in interim, stable housing will reduce the impacts of temporary encampments, which will positively improve the environment.
CONTACT PERSON
Peter Radu 510-981-7045
Attachments:
1: Resolution
44 RESOLUTION NO. ##,###-N.S.
EXTENSION OF DECLARATION OF HOMELESS SHELTER
CRISIS
WHEREAS, on January 19, 2016, the City Council unanimously passed Resolution No. 67,357-N.S., Declaring a Homeless Shelter Crisis in Berkeley, which was set to expire on January 19, 2017; and
WHEREAS, on November 15, 2016, the City Council passed Resolution No. 67,746- N.S., extending the previous Resolution to January 19, 2018; and WHEREAS, on October 31, 2017, the City Council passed Resolution No. 68,206-N.S., placing another extension until January 19, 2020; and
WHEREAS, on November 19, 2019, the City Council passed Resolution No. 69,189- N.S., extending the previous Resolution to January 2022; and WHEREAS, according to the last EveryOne Home homeless count in January 2019, the homeless population has risen to 1,108; and
WHEREAS, this shelter crisis affects Berkeley's citizens disproportionately with more African American, Latino and elderly individuals experiencing homelessness; and WHEREAS, the COVID-19 pandemic’s economic toll has exacerbated income inequality and housing insecurity for the most marginally housed households across the region, increasing the risk of homelessness;
WHEREAS, the COVID-19 pandemic has worsened shelter bed shortages in Berkeley by forcing shelter providers to reduce bed capacity to maintain compliance with CDC physical distancing guidelines; and
WHEREAS, the current number of homeless individuals in Berkeley far outpaces the number of existing shelter beds, transitional housing or permanent supportive housing units available; and
WHEREAS, homelessness encampments have increased across parts of Berkeley within the public right of way, thus exposing homeless individuals to traffic hazards, crime, risk of death and injury, exposure to weather, lack of adequate sanitation and debris services, and other conditions that are detrimental to their health and safety; and WHEREAS, analysis and evidence have demonstrated that providing decent, safe and stable housing combined with crucial support services are two primary components of successful transition from homelessness to a safer and healthier way of living; and WHEREAS, this shelter crisis is not unique to Berkeley, but is evident throughout the
45 Bay Area, California and the United States, causing other municipalities such as Los Angeles, Portland, Oregon and Seattle, Washington to also take more immediate actions to address these conditions; and
WHEREAS, given the extent of the shelter crisis, the City Council of the City of Berkeley finds that more immediate and expeditious efforts are necessary to develop additional shelter solutions that are safe and meet basic habitability standards and that flexibility and broad based approaches are essential to increase capacity; and WHEREAS, California Government Code Section 8698, et seq., allows the governing body of a city to declare a shelter crisis when a significant number of persons are without the ability to obtain shelter, resulting in a threat to their health and safety; and WHEREAS, California Government Code Section 8698.1 provides that, upon a declaration of a shelter crisis, the provisions of any state or local regulatory statute, regulation or Resolution prescribing standards of housing, health, or safety, as applied to public facilities, shall be suspended to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis; and WHEREAS, California Government Code Section 8698.2 provides that, upon a declaration of a shelter crisis, a city may allow persons unable to obtain housing to occupy designated public facilities (including facilities leased by the city) during the duration of the crisis.
NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley:
1. Finds and determines the foregoing recitals to be true and correct and hereby makes them a part of this Resolution; and
2. This Resolution shall remain in place until January 19, 2024; and
3. Finds that a significant number of persons in Berkeley are without the ability to obtain shelter, and that this situation has resulted in a threat to the health and safety of these persons, for the reasons set forth above. The Council therefore hereby declares a shelter crisis in the City of Berkeley under the authority set forth in Government Code Section 8698, et seq.; and
4. Authorizes the City Manager or her designee to allow persons unable to obtain housing to occupy designated City facilities or facilities leased by the City as shelters during the period of this crisis; and
5. Authorizes for the term of this Resolution, no planning, zoning, building, or other permit requirements for the interim establishment of shelters for the homeless shall be required to the extent that strict compliance would in any way prevent, hinder, or delay the mitigation of the effects of the shelter crisis. At the City Manager's discretion and with approval by the City Council, interim municipal health and safety
46 provisions and land use controls may be applied to facilities ensuring minimal public health and safety standards. These interim standards shall only apply to additional public facilities open to the homeless; and
6. Authorizes the City Manager to waive non-voter approved purchasing and bid requirements for the installation of facilities and services and approve contracts that are directly related to providing temporary shelter and other related services for the homeless. At the City Manager's discretion, the waiver of purchasing and bid requirements may apply to leased assets/equipment and other services that will be provided within or to support temporary shelter facilities and other related programs and services.
7. Authorizes homeless housing projects that apply the authority provided for under this resolution shall be reviewed and approved by the City Council prior to implementation, and shall include detailed plans for the project and the standards and requirements being applied to the facility and its operation; and
8. Finds that if this Resolution is inconsistent with any other provisions of the Berkeley Municipal Code, this Resolution shall apply. This Resolution suspends contrary regulations in the Berkeley Municipal Code or requirements of the General Plan or implementing regulations; and
9. Recognizes that this Resolution is enacted pursuant to the City of Berkeley's general police powers, and Article XI of the California Constitution, as well as the other provisions of state and local law otherwise cited herein; and
10. Severability. If any section, subsection, sentence, clause or phrase of this Resolution is for any reason held to be invalid or unconstitutional by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have passed this Resolution and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional.
47 48
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
January 18, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing & Community Services Subject: Contract No. 32000117 Amendment: Berkeley Food & Housing Project for Administrative Services
RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32000117 with Berkeley Food & Housing Project (BFHP) to administer Flexible Spending Programs for Mental Health Division (BMH) programs and to provide rental subsidies for the Russell Street Residence through June 30, 2022 in an amount not to exceed $2,824,024. This will extend the existing contract by one year and add $916,731 in funding.
FISCAL IMPACTS OF RECOMMENDATION
Funds for the scope of work in the amount of $916,731 will be provided from ERMA GL Code 315-51-503-526-2017-000-451-636110-, which comes from the Mental Health Services Act (MHSA) Community Services & Supports funding category. Funding is will be appropriated in the Second Amendment to the FY 2022 Annual Appropriations Ordinance.
CURRENT SITUATION AND ITS EFFECTS
Contract No. 32000117 has two distinct elements: Russell Street Residence (RSR) and Flexible Spending Programs (Flex Funds). Berkeley Mental Health (BMH) is proposing to add funding to subsidize costs for operating RSR, and to provide funding for Flex Funds utilized by BMH clients.
RSR is a board and care facility which provides supportive housing for high need mental health clients. A daily subsidy is needed to cover the costs of operating the program.
RSR provides up to 17 beds per night for some of the most vulnerable members of our community. $534,315 will be allocated for RSR in FY 2022. In addition, funding in the amount of $47,716 will be used to cover rental increase backpay for FY 2021. The amounts allocated for the BMH Flex Funds will also change according to the needs of the respective programs, and a total of $335,000 will be allocated for all Flex Funds. As a result, a total of $916,731 will be added to the contract Not to Exceed amount.
49 Contract No. 32000117 Amendment CONSENT CALENDAR
January 18, 2022
The Flex Funds allow case managers to purchase items to support activities of daily living for BMH clients. BFHP will charge a flat fee of $1,850 per month for administration and record keeping of these funds. In general, the amounts set aside for each program will remain similar to FY 2021. The exceptions are eliminating funding for the Homeless Outreach and Treatment Team (since that team has been discontinued) and increasing funding for the Homeless Full Service Partnership accordingly. In addition, based on staff input, Flex Funds for the Children’s Full Service Partnership are being increased to $30,000 to better meet client needs.
BACKGROUND
The City initially contracted with BFHP in December 2019 to provide these services and has extended and increased it twice since then. BFHP has done a satisfactory job administering these programs, and staff would like to ensure they can continue completing this necessary work to support some of the City’s most vulnerable residents.
Council previously approved undertaking the Flex Funds and RSR activities in its adoption of the MHSA Three Year Program and Expenditure Plans (Three Year Plans) and Annual Updates on July 27, 2021 via Resolution No. 69,999-N.S. Funding for these services and supports has been included in the FY 2022 Budget.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
Rental costs for Russell Street Residence increased during Fiscal Year 2021.This amendment will allow us to reimburse BFHP for costs incurred operating the RSR Board and Care for FY 2021, and to cover operating costs for FY 2022. BFHP has administered Flex Funds for many years, and these have proven invaluable in providing a wide variety of supports for mental health division clients. The amendment will also add one year of funding to the contract; ensuring no break in services and allowing a vital community organization to continue their important work.
ALTERNATIVE ACTIONS CONSIDERED
Staff did not identify an alternative action that would be consistent with the adopted MHSA Three-Year Plan.
CONTACT PERSON
Conor Murphy, Assistant Management Analyst, HHCS, 510-981-7611 Steven Grolnic-McClurg, Manager of Mental Health Services, HHCS, 510-981-5249 Attachments:
1: Resolution
50 RESOLUTION NO. ##,###-N.S.
CONTRACT NO. 32000117 AMENDMENT: BERKELEY FOOD & HOUSING PROJECT
FOR ADMINISTRATIVE SERVICES
WHEREAS, City Council approved the MHSA Plan Fiscal Year 2019-2020 Annual Update on July 23, 2019 by Resolution No. 69,033-N.S., which included funding for the programs to be included in the contract here; and
WHEREAS, City Council approved participation in the Homeless Mentally Ill Outreach and Treatment allocation funding on September 13, 2018 by Resolution No. 68,592-N.S.; and
WHEREAS, on December 3, 2019 via Resolution No. 69,192-N.S., City Council approved a contract with Berkeley Food and Housing Project for Flexible Spending Programs and the Russell Street Residence; and
WHEREAS, on May 26, 2020 via Resolution No. 69,404-N.S., City Council approved amending Contract No. 32000117; and
WHEREAS, on July 14, 2020 via Resolution No. 69,492-N.S. City Council approved amending Contract No. 32000117; and
WHEREAS, community input and stakeholder feedback has determined a need for the programs being funded; and
WHEREAS, the Berkeley Food and Housing Project has been a trusted partner in the implementation of a variety of programs in collaboration with the City; and WHEREAS, funds in the amount of $916,731 are available in FY2022 in ERMA GL Code 315-51-503-526-2017-000-451-636110-.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to execute an amendment to Contract No. 32000117 with the Berkeley Food and Housing Project for administrative services through June 30, 2022 in an amount not to exceed $2,824,024. A record signature copy of said contract and any amendments to be on file in the City Clerk Department.
51 52
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
January 18, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing & Community Services Subject: Contract No. 32100026 Amendment: Resource Development Associates for Results Based Accountability Evaluation
RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to amend Contract No. 32100026 with Resource Development Associates (RDA) to provide additional funding in the amount of $220,800, and extend the time period for an evaluation of mental health programs across the division utilizing the Results Based Accountability (RBA) framework, for a total not to exceed amount of $320,700 through June 30, 2024.
FISCAL IMPACTS OF RECOMMENDATION
Funds for this contract in the amount of $110,400 are in the Fiscal Year 2022 (FY 2022) Mental Health Services Act (MHSA) budget in ERMA GL Code: 315-51-503-526-2017- 000-451-612990. The remaining $110,400 will be added as part of the FY 2023 budget, subject to the adoption of the Annual Appropriations Ordinance (AAO) from the same source.
CURRENT SITUATION AND ITS EFFECTS
RDA is currently providing consultation services for Results Based Accountability (RBA) evaluation of mental health services across the Mental Health Division. This amendment will provide funding for RDA to produce baseline data and reports for the developing RBA outcome measures, develop data dashboards that will allow internal and external stakeholders to track program outcomes, and provide consultation for the Mental Health Division to develop the capacity to track and monitor these outcomes in the future. RDA has performed well on their current contract deliverables. The Mental Health Division intends to augment its staffing through the MHSA FY 2023 Plan Update.
At that time staff will take over the data reporting. Depending on when this staffing is approved, hired, and trained, some elements of this contract augmentation may not be required and the payments reduced accordingly.
BACKGROUND
Since 2017, the Health, Housing and Community Services Department has been implementing a long-term initiative, called Impact Berkeley, that engages staff and partners in using Results Based Accountability (RBA) to improve results for the
53 Contract No. 32100026 Amendment CONSENT CALENDAR January 18, 2022
communities served; especially those most vulnerable. Throughout the department and with community partners, staff work hard to envision program results and then use RBA to measure and enhance progress towards those results. There have been over 40 Impact Berkeley Projects initiated to date.
RBA is a data driven, decision-making process that has a proven track record of success in improving program performance and the quality of life of program participants. The RBA Framework provides a new way of understanding the quality and impact of services provided by collecting data that answers three basic questions:
1. How much did you do?
2. How well did you do it?
3. Is anyone better off?
Among other things, RBA builds collaboration and consensus, helps groups to surface and challenge assumptions that can be barriers to innovation, and uses data and transparency to ensure accountability for program performance. RBA also provides a method and common language to better understand and communicate program results.
The Mental Health Division first implemented RBA with contract agencies that were funded with Mental Health Services Act Prevention and Early Intervention funding.
Building on that successful effort, and wanting to find new ways to strengthen and report out on program performance outcomes, and to increase its impact on the community, they pursued avenues for using RBA in internal programs.
On March 10, 2020 by Resolution 69,314-N.S., Berkeley City Council authorized the City Manager or her designee to enter into a contract with RDA for RBA evaluation services for a total not to exceed $100,000. RDA was awarded this contract after a competitive Request for Proposals was conducted.
The Mental Health Division intends to evaluate the performance of all of its mental health programs utilizing the RBA framework. Staff are now starting to finalize outcome measures for a wide variety of programs. In analyzing how to best implement these measures, it was determined that continuing to work with RDA would be the best way to create baseline and initial results, create data dashboards to communicate these measures, and to develop internal division capacity to continue this work through technical assistance.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts or sustainability opportunities associated with the subject of this report.
54 Contract No. 32100026 Amendment CONSENT CALENDAR January 18, 2022
RATIONALE FOR RECOMMENDATION
RDA has performed well in implementing the deliverable items in this contract. Due to familiarity with the outcome measures being developed and the Mental Health Division, RDA can most efficiently perform these additional deliverables.
ALTERNATIVE ACTIONS CONSIDERED
The Mental Health Division could cease work on RBA evaluation, but that is not consistent with the City’s goals of using data to evaluate impact. These additional deliverables could be solicited separately through a new Request for Proposals process, but that would result in additional staff time and effort and consultant fees to get a new consultant familiar with the division and project.
CONTACT PERSON
Steven Grolnic-McClurg, Manager of Mental Health Services, HHCS, 510-981-5249 Conor Murphy, Assistant Management Analyst, HHCS, 510-981-7611 Attachments:
1: Resolution
55 RESOLUTION NO. ##,###-N.S.
CONTRACT NO. 32100026 AMENDMENT: RESOURCE DEVELOPMENT
ASSOCIATES (RDA) RESULTS BASED ACCOUNTABILITY EVALUATION WHEREAS, Mental Health Services Act (MHSA) funds are allocated to mental health jurisdictions across the state for the purposes of transforming the mental health system into one that is consumer and family driven, culturally competent, wellness and recovery oriented, includes community collaboration, and implements integrated services; and WHEREAS, MHSA includes five funding components: Community Services & Supports; Prevention & Early Intervention; Innovations; Workforce, Education & Training; and Capital Facilities and Technological Needs; and
WHEREAS, the City’s Department of Health, Housing & Community Services, Mental Health Division, receives MHSA Community Services & Supports, Prevention & Early Intervention, and Innovations funds on an annual basis, and received one-time distributions of MHSA Workforce, Education & Training and Capital Facilities and Technological Needs funds; and
WHEREAS, in order to utilize funding for programs and services, the Mental Health Division must have a locally approved Plan, Annual Update, or Three Year Program and Expenditure Plan in place for the funding timeframe; and WHEREAS, on October 30, 2018 by Resolution No: 68,639-N.S., City Council approved the FY2018-2019 MHSA Annual Update which included the use of $100,000 in MHSA funds to hire a consultant to provide a Results Based Accountability evaluation of mental health services across the Mental Health Division; and
WHEREAS, a Request for Proposal (RFP) in the amount of $100,000 in MHSA funds was initiated in September 2019 to hire a consultant to conduct an evaluation of mental health programs across the Division utilizing the Results Based Accountability framework; and through the RFP process, Resource Development Associates (RDA) was the chosen consultant; and
WHEREAS, on March 10, 2020 by Resolution No. 69,314-N.S., City Council approved entering into Contract No. 32100026 with RDA for Results Based Accountability.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to execute a Contract and any amendments with Resource Development Associates for Results Based Accountability evaluation services through June 30, 2024, for a total not to exceed amount of $320,700. A record signature copy of said contract and any amendments to be on file in the City Clerk Department.
56 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
January 18, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing & Community Services Subject: Contract with Options Recovery for Substance Use Disorder Services Co-location
RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with Options Recovery Services (Options) for Substance Use Disorder services for a total contract limit of $250,000 for the period beginning January 1, 2022 and ending June 30, 2023.
FISCAL IMPACTS OF RECOMMENDATION
The total not-to-exceed amount of this contract will be $250,000. Resources for the contract will be provided from Mental Health Services Act CSS Development funds, the funds will be appropriated into Mental Health Services Act Fund budget code 315-51- 503-526-2017-000-451-636110- and appropriated as part of the Second Amendment to the FY 2022 Annual Appropriations Ordinance.
CURRENT SITUATION AND ITS EFFECTS
The Fiscal Year 2021/2022 Mental Health Services Act (MHSA) Annual Update included new funding for Substance Use Disorder (SUD) services. The additional funding and flexibility in the use of previously allocated MHSA funds will allow the mental health division (BMH) to work with a local SUD provider to co-locate SUD services at the adult clinic. This will increase the provision of SUD services for BMH clients, provide an opportunity for staff to obtain consultations on SUD services, and will make referrals into SUD services outside of the adult mental health clinic easier for consumers. Options was selected as the vendor for this program as they were the only vendor able to offer these on-site, co-located services. This is a Strategic Plan Priority Project, advancing our goal to be a customer-focused organization that provides excellent, timely, easily-accessible service and information to the community.
BACKGROUND
A large portion of individuals who currently receive services at BMH are also suffering from co-occurring disorders; experiencing both mental health and substance use disorders simultaneously. In an effort to increase the capacity to serve individuals with
57 Contract with Options Recovery for SUD Co-Location services CONSENT CALENDAR January 18, 2022
substance use disorders, the MHSA FY21 Annual Update proposed funding to support co-location of a SUD specialist, which is the focus of this report.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
Given their significant experience in providing SUD services, Options Recovery is uniquely qualified to perform the services required.
ALTERNATIVE ACTIONS CONSIDERED
City Council could decide not to approve the attached Resolution and the City could issue a Request for Proposals to attempt to find a different service provider. However, staff were unable to identify another provider that is qualified and able to provide the specific services needed.
CONTACT PERSON
Conor Murphy, Assistant Management Analyst, HHCS, (510) 981-7611 Steven Grolnic-McClurg, Mental Health Manager, HHCS, (510) 981-5249 Attachments:
1: Resolution
58 RESOLUTION NO. ##,###-N.S.
CONTRACT WITH OPTIONS RECOVERY FOR SUBSTANCE USE DISORDER
SERVICES CO-LOCATION
WHEREAS, on September 14, 2021 by Resolution No. 70,012-N.S. City Council approved the Mental Health Services Act (MHSA) Fiscal Year 2021-2022 Annual Update, which included funding for Substance Use Disorder (SUD) services; and WHEREAS, the services in this contract will enable the Mental Health Division to work with a local SUD provider to co-locate SUD services at the Mental Health Adult clinic, increasing the provision of SUD services for our clients; and WHEREAS, funding for this contract have been included in the FY 2022 Budget and are available in ERMA GL Code 315-51-503-526-2017-000-451-636110-, subject to approval of the Second Amendment to the FY 2022 Annual Appropriations.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to execute a contract and any amendments with Options Recovery for Substance Use Disorder services for a total contract limit of $250,000 for the period beginning January 1, 2022 and ending June 30, 2023. A record signature copy of the contract and any amendments between the City and RDA shall be on file in the Office of the City Clerk.
59 60
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
January 18, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing & Community Services Subject: Revenue Grant Agreement: Funding Support from the California Department of Public Health to Expand the Disease Intervention Specialist Workforce
RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to accept grant funds from California Department of Public Health in the projected amount of $465,736. This funding is to be utilized from July 1, 2021 through December 31, 2025 to expand the Disease Intervention Specialist (DIS) workforce to strengthen the public health capacity to mitigate the spread of sexually transmitted disease (STD), HIV, COVID-19 and other infections; and to execute the resultant revenue agreement, contract, and any amendments and extensions.
FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley will receive funds in the expected amount of $116,434.00 annually from the State of California to be utilized for FY 2022 through the first half of FY 2025.
This grant is not included in the adopted FY 2022 budget. These funds will be allocated to budget code 336-51-506-561-0000-000-000-431110- (CPDH-DIS-STD). There is no match requirement for this funding. Spending of referenced grant funds is subject to Council approval of the budget for each fiscal year and the Annual Appropriations Ordinance.
CURRENT SITUATION AND ITS EFFECTS
This grant will support the goal of expanding and enhancing the public health workforce, especially in communicable disease control; which has been chronically underfunded and understaffed. Funds received through this grant will allow the City to hire personnel to address projected jurisdictional sexually transmitted disease, HIV, COVID-19, and other infectious disease prevention and response activities.
As a local public health jurisdiction, the City of Berkeley provides a broad range of public health programs and services to the community; with the goals of addressing health inequities, promoting healthy environments and behaviors, protecting residents from disease, and preventing illness, disability, and premature death. Despite overall good health, Berkeley is not a city where all people are achieving the highest possible level of health. As demonstrated in the City’s 2018 Health Status Report, health
61 Revenue Grant: California Department of Public Health, CONSENT CALENDAR Disease Intervention Specialist Workforce Development January 18, 2022
inequities among African Americans and other people of color are striking and extend across a number of indicators. A truly healthy Berkeley depends on achieving and maintaining optimal health and wellness for all people regardless of their race or position in society.
The Disease Intervention Specialist Workforce Development Grant is a Strategic Plan Priority Project, advancing our goal to attract and retain a talented and diverse City government workforce.
BACKGROUND
The City of Berkeley receives funding from many sources annually to conduct efforts towards improving the health of the community. As a local health jurisdiction, the City is entitled to specific State funding to meet core public health objectives. The Public Health Officer Unit, within the HHCS Office of the Director, is committed to providing essential services to the community to prevent the spread of disease and to promote healthy, equitable environments.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
These funds support vital services related to the City’s mandates as a public health jurisdiction and local initiatives designed to address health inequities in Berkeley and improve the health of Berkeley residents. These non-competitive grants support the Department’s mission and provides the City with funding to continue working to protect and improve the health of the community.
ALTERNATIVE ACTIONS CONSIDERED
Staff did not identify an alternative action that would be consistent with the City’s goals of preventing the spread of disease and promoting healthy, equitable environments.
CONTACT PERSON
James Allard, Supervising Public Health Nurse, HHCS, PHOU, 510-981-5377 Attachments:
1: Resolution
62 RESOLUTION NO. ##,###-N.S.
GRANT AGREEMENT: CALIFORNIA DEPARTMENT OF PUBLIC HEALTH FOR
DISEASE INTERVENTION SPECIALIST WORKFORCE DEVELOPMENT
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services works to prevent communicable diseases and to support efforts to make Berkeley a healthy city by advancing better health, better care, lower costs, and by promoting health equity, and reducing health disparities;
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services provides a broad range of needed public health program services to the community; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services works to promote healthy, equitable environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and WHEREAS, the City of Berkeley Department of Health, Housing & Community Services seeks to eliminate health inequities; and
WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital health services; and
WHEREAS, it is state mandated to provide prevention and control of communicable diseases such as sexually transmitted diseases, HIV, and COVID-19; and WHEREAS, this California Department of Public Health funding will contribute toward supporting the investigation, control, and prevention of communicable diseases.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to accept grant funds from the California Department of Public Health for Fiscal Year 2022 through Fiscal Year 2025 (utilized July 1, 2021 through December 31, 2025), in the projected amount of $465,736, to expand the Disease Intervention Specialist (DIS) workforce to strengthen the capacity to mitigate the spread of COVID-19 and other communicable diseases; and to execute any resultant revenue agreements, amendments and extensions incident thereto. Budget Codes (Revenue): 336-51-506-561-0000-000-000-431110- (CPDH-DIS-STD). A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.
63 64
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
January 18, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director of Health, Housing and Community Services Subject: Revenue Grant Agreement: Funding Support from State of California Department of Justice to Design and Conduct a Program Evaluation of Programs Funded by the Sugar-Sweetened Beverage Tax
RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to State of California Department of Justice, to accept the grant, execute any resultant revenue agreements and amendments, and implement the projects and appropriation of funding for related expenses to conduct program evaluation activities in the projected amount of $19,000 for July 1, 2021 to June 30, 2023.
FISCAL IMPACTS OF RECOMMENDATION
The City will receive funds in the projected amount of $19,000 for FY 2022 through the funding source listed above. These funds will be allocated to revenue budget code 421- 4501-331.40-95 and will be distributed from Expenditure Budget Code: 336-51-506-507- 2051-000-451-612990. There are no matching funds required by the funder.
Spending of the referenced grant funds is subject to Council approval of the budget and the Annual Appropriations Ordinances. Depending on the timing of when grants are officially awarded and the amounts are determined, the grant budgets will be adjusted as part of the Second Amendment to the FY 2022 Annual Appropriations Ordinance.
CURRENT SITUATION AND ITS EFFECTS
Berkeley voters passed a Sugar Sweetened Beverage General Tax that was implemented in 2015. At the time this legislation passed, program evaluation activities were intended and funded by the Healthy Berkeley Program (community-based organization contracts funded by this initiative and administered by the Public Health Division). Due to the prioritization of COVID-19 response activities and reductions in revenue, evaluation activities have been limited to non-existent. The funding will allow the Healthy Berkeley Program to identify best practices, program successes, and challenges experienced by community-based programming in decreasing the consumption of sugar sweetened beverages and promoting healthy behaviors.
65 Revenue Grant Agreements: CONSENT CALENDAR
Funding Support from Essential Access Health to Conduct Public Health Services January 18, 2022
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACT
There are no identifiable environmental sustainability and climate impact effects or opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
These funds would support the identification of successful strategies, best practices, and organizational readiness criteria that would inform future investments to support community-based efforts in decreasing the consumption of sugar sweetened beverages and promoting healthy behaviors.
ALTERNATIVE ACTIONS CONSIDERED
The Public Health Division assesses each funding source to ensure that it supports the City’s mission and goals. The alternative action would be to refuse the funding and eliminate any program evaluation activities for the Health Berkeley Program.
CONTACT PERSON
Janice Chin, Manager, Public Health Division, HHCS, (510) 981-5121 Attachments:
1: Resolution
66 RESOLUTION NO. ##,###-N.S.
REVENUE GRANT AGREEMENT: FUNDING SUPPORT FROM STATE OF
CALIFORNIA DEPARTMENT OF JUSTICE TO DESIGN AND CONDUCT A
PROGRAM EVALUATION OF PROGRAMS FUNDED BY THE SUGAR-SWEETENED
BEVERAGE TAX
WHEREAS, THE City of Berkeley’s Public Health Division desires to participate in the State of California, Department of Justice Youth Beverage Consumer Education and Research Fund focused on program evaluation of programs funded by the sugar- sweetened beverage tax.
WHEREAS, the City of Berkeley recognizes that there are negative health impacts due to the consumption of sugar sweetened beverages.
WHEREAS, the City of Berkeley invests over $1 Million in community-based funding annually to address the promotion of healthy behaviors and decrease the consumption of sugar sweetened beverages.
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services seeks to eliminate health and educational inequities; and WHEREAS, the projected amount of the grant is $19,000 for July 1, 2021 through July 30, 2023.
WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund program evaluation activities.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to submit a grant application to the State of California for July 1, 2021 – June 30, 2023 to conduct program evaluation of programs funded by the sugar-sweetened beverage tax; to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $19,000; and implement the projects and appropriation of funding for related expenses, subject to securing the grant.
Revenue will go into revenue budget code 421-4501-331.40-95 and will be distributed from expenditure budget code 336-51-506-507-2051-000-451-612990). A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the funds received hereunder shall not be used to supplant expenditures controlled by this body
BE IT FURTHER RESOLVED that the City if Berkeley agrees to abide by the terms and conditions of the grant agreement as set forth by the State of California, Department of Justice.
67 68
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
January 18, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing & Community Services Subject: Referral Response: Commission Reorganization for Post-COVID-19 Budget Recovery – Sugar Sweetened Beverage Product Panel of Experts Commission and Community Health Commission
RECOMMENDATION
Adopt first reading of an Ordinance:
1. Adding Section 7.72.095 to the Berkeley Municipal Code (BMC), incorporating additional membership criteria and health equity advisory responsibilities for the Sugar Sweetened Beverage Product Panel of Experts Commission (SSBPPE), and;
2. Repealing B.M.C. Sections 3.76.010-3.76.040 which established the Community Health Commission.
FISCAL IMPACTS OF RECOMMENDATION
Incorporating the responsibilities of the Community Health Commission into the SSBPPE will decrease staffing costs and increase efficiencies of important commission work.
CURRENT SITUATION AND ITS EFFECTS
This report responds to referral # PRJ0032146 that originally appeared on the agenda of the June 15, 2021 Special Council meeting; authored by Councilmember Lori Droste and co-sponsored by Councilmember Rigel Robinson, Councilmember Rashi Kesarwani, and Mayor Jesse Arreguin.
At the June 15, 2021 Special Council Meeting, City Council approved a recommendation to refer to staff to develop recommendations on the transition to a new consolidated commission of the SSBPPE and the Community Health Commission to a single, 18-member commission.
In their recommendations, Councilmembers Droste, Robinson, Kesarwani, and Mayor Arreguin cited the importance of balancing the City’s COVID-19 response and recovery as well as other local priorities with the scale of commission activity Citywide. In particular, the City’s Health, Housing and Community Services department serves an
69 Referral Response: Commission Reorganization for Post-COVID-19 CONSENT CALENDAR Budget Recovery – Sugar Sweetened Beverage Product Panel of Experts January 18, 2022 Commission and Community Health Commission
important role in addressing COVID-19, racial disparities, inequitable health outcomes, affordable housing, homelessness, and other important community programs in addition to currently staffing nine commissions, more than many cities of Berkeley’s size. Council identified a package of changes at the June 15th meeting that will preserve critical public participation while enhancing the City’s ability to address key priorities.
Civic engagement and commission work play an essential role in Berkeley. This recommendation retains each commission’s functions, but centers on overall community benefit, staff productivity, and associated costs. The SSBPPE was created by BMC Section 7.72.090 which established clear requirements based on the ballot measure passed in November 2014. Staff, in consultation with the City Attorney’s Office, determined that the SSBPPE, while mandated by voter approval, did not need to stand independently and could be combined with other commission activities to meet mandated goals.
The Council referral referenced an 18-member combined commission. Staff recommend keeping SSBPPE at nine members for several reasons.
1. It would be consistent with B.M.C. 7.72.090 and it would create a commission that is parallel in structure to nearly all other City commissions.
2. BMC 7.72.090 is very clear and specific about the membership requirements of SSBPPE and the fact that it consists of nine members.
3. Making the SSBPPE a formal 9-member subcommittee of a new 18-member commission is not logistically feasible. This structure would render the SSBPPE subcommittee to be a quorum of the full commission if there was just one vacancy (17 members) in the commission; making it impossible for the subcommittee to meet. This would create noticing issues and hinder the ability of the SSBPPE to complete its mandated responsibilities.
4. Having nine members of the SSBPPE conduct SSBPPE business in a meeting of the full commission would be operationally difficult and create a challenging and confusing situation for the commission and the public.
5. Larger commissions often operate at less than full membership which can impact the effectiveness and productivity of the commission. In addition, a nine-person commission will better support the type of in-depth deliberation that is needed to engage deeply in a complex issue like health equity.
6. Staffing an 18-person commission requires a disproportionately large increase in the time involved than a nine-person commission.
Considering the commission reorganization is a Strategic Plan Priority Project, advancing our goal to provide an efficient and financially-healthy City government. The
70 Referral Response: Commission Reorganization for Post-COVID-19 CONSENT CALENDAR Budget Recovery – Sugar Sweetened Beverage Product Panel of Experts January 18, 2022 Commission and Community Health Commission
stated recommendation would fulfill the requirements for the Sugar-Sweetened Beverage Product Panel of Experts Commission as established through the passing of the general tax, address health equity impacts as intended through the Community Health Commission, increase efficiencies, and reduce City costs in supporting commissions.
BACKGROUND
In November 2014, the City of Berkeley passed a general tax to decrease the health and economic costs of diseases associated with the consumption of sugary drinks by discouraging their distribution and consumption. The ballot measure established B.M.C.
Section 7.72.090, which specifies that the panel consist of nine commissioners who must:
1. Have experience in community-based youth food and nutrition programs; or
2. Have experience in school-based food and nutrition programs and be referred by the Berkeley Unified School District; or
3. Have experience in early childhood nutrition education; or
4. Have experience in researching public health issues or evaluating public health programs related to diabetes, obesity, and sugary drink consumption; or
5. Be a licensed medical practitioner.
In addition to standard Commission operating procedures (i.e. approving bylaws, establishing regular time and place of meeting, etc.), the SSBPPE Commission is responsible to “Publish an annual report that includes the following:
a. Recommendations on how to allocate the City's general funds to reduce the consumption of sugar sweetened beverages in Berkeley and to address the results of such consumption;
b. Information, if available, concerning the impact of this Chapter on the public health of the residents of the City; and
c. Any additional information that the Panel deems appropriate.” The Community Health Commission established in B.M.C. Section 3.76.010 consists of 18 members who have diverse backgrounds and a deep understanding of the social determinants of health equity, through lived experience, and/or through professional expertise to promote health equity through the following summarized activities:
Advising, reviewing, analyzing, and reporting back to City Council on matters pertaining to achieving health equity in Berkeley, including policies or proposals under consideration by Council;
71 Referral Response: Commission Reorganization for Post-COVID-19 CONSENT CALENDAR Budget Recovery – Sugar Sweetened Beverage Product Panel of Experts January 18, 2022 Commission and Community Health Commission
Contributing to priority-setting and strategic planning efforts in the City as they relate to health equity;
Hear presentations at Commission meeting by appropriate experts, to provide pertinent information on matters affecting the health and safety of Berkeley residents, including from community groups concerned with health equity; and Perform such other functions and duties as may be directed by the City Council or by ordinance to promote health equity.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no significant environmental sustainability and climate impacts associated directly with the subject matter of this report. Reducing the total number of commissioners and meetings is likely to incrementally reduce paper and energy usage.
RATIONALE FOR RECOMMENDATION
Increasing the qualifications for membership in and responsibilities assigned to SSBPPE will give it an expanded role in advising the City Council on health equity issues while bringing in the lived experience of the CHC. This change will also bring together work on sugar sweetened beverages and broader health equity. The attached ordinance retains the requirements already established for the SSBPPE and incorporates activities of the Community Health Commission.
A nine-member Commission is consistent with the directive of the voter approved SSBPPE, aligns with the structure of nearly all commissions citywide, and is more conducive to complex deliberations than a commission double in size. Reducing the number of commissions in HHCS by one will help scale commission work to a level sustainable with existing funding.
ALTERNATIVE ACTIONS CONSIDERED
The City could choose not to consolidate these two commissions and not achieve the intended impact of simultaneously ensuring strong civic-engagement while right-sizing commission work in support of staff capacity to focus on critical health equity issues in the community.
CONTACT PERSON
Lisa Warhuus, Director, Health, Housing & Community Services, 510-981-5400 Attachments:
1: Ordinance
2: Original Referral Report from June 15, 2021
72 ORDINANCE NO. -N.S.
ADDING B.M.C. 7.72.095 ADDITIONAL REQUIREMENTS OF THE SUGAR
SWEETENED BEVERAGE PRODUCT PANEL OF EXPERTS AND REPEALING BERKELEY MUNICIPAL CODE CHAPTER 3.76
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That Berkeley Municipal Code Section 7.72.095 is added as follows:
7.72.095 ADDITIONAL REQUIREMENTS OF THE SUGAR SWEETENED
BEVERAGE PRODUCT PANEL OF EXPERTS
A. In addition to the requirements of Section 7.72.090, appointments to the commission should honor the mission of achieving health equity by appointing members who have a deep understanding of the social determinants of health equity, through lived experience and/or through professional expertise. Appointments to the commissioners should also include representatives of as many of the following criteria as possible:
1. Communities most affected by health inequities;
2. Community organizers;
3. Community agency representatives;
4. Health care providers;
a) Licensed clinicians such as nurses, physicians, etc.; b) Non-licensed providers (community health workers, health navigators, etc.;
5. Behavioral health care providers;
6. Educators;
7. College Students;
8. Youth serving organizations.
9. Diversity. Commissioners should include people of varying race/ethnicity, gender, age, income, class and ability.
B. In addition to the requirements of Section 7.72.090.G. the Panel shall:
1. Advise City Council on matters pertaining to and the potential health equity impacts of proposed policies and initiatives within the Public Health Division, the Department of Health, Housing and Community Services, and other City Departments under consideration by Council.
2. Review, analyze, and report back to City Council on matters affecting the health and safety of Berkeley residents, with particular attention to differential impact on particular communities or populations to contribute to priority-setting and City strategic planning efforts
3. Perform such other functions and duties to promote the health and safety of Berkeley residents referred to the Commission by City Council, by Commissioner, by another City commission, by members of the public or recommended by City staff or prescribed or authorized by any ordinance of the City;
4. Hear presentations, at regularly scheduled commission meetings, by appropriate experts, including community residents and community groups, to provide pertinent
73
information on matters affecting the health and safety of Berkeley residents, including from community groups concerned with health equity
C. In prescribing the above duties and functions of the commission, it is not the intent of the Council to duplicate or overlap the functions, duties, or responsibilities heretofore or hereafter assigned to any other City board or commission or to a City department. As to such functions or responsibilities above set forth which are partially or wholly the responsibilities of another board or commission or of a department of the City, the commission will render such assistance and advice to such board, commission or department as may be requested.
Section 2. That Berkeley Municipal Code Chapter 3.76 Community Health Commission is hereby repealed.
Section 3. This ordinance will go into effect no sooner than March 1, 2022.
Section 4. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
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Lori Droste
Berkeley Vice Mayor
ACTION CALENDAR
June 15, 2021
(Continued from May 25, 2021)
To: Honorable Mayor and Members of the City Council
From: Councilmember Lori Droste (Author), Councilmembers Rigel Robinson (Co-Sponsor), Rashi Kesarwani (Co-Sponsor) and Mayor Jesse Arreguín (Co-Sponsor)
Subject: Commission Reorganization for Post-COVID19 Budget Recovery
RECOMMENDATION
1. Refer to the City Manager and City Attorney to bring back changes to the enabling legislation to reorganize existing commissions as proposed below in a phased approach.
Phase 1: Prioritize merging the Homeless Commission/Homeless Services Panel of Experts and Housing Advisory Commission/Measure O Bond Oversight Committee first, and request that the City Manager bring back changes to the enabling legislation to implement these consolidated commissions.
Phase 2: All other Commissions as proposed below.
As staff is able to make recommendations on consolidation, they can bring those recommendations forward one by one.
New Commission Name Former Commissions to be Reorganized Commission on Climate and the
Environment
Zero Waste, Energy, Community Environmental Advisory, and Animal Care
75 2
Parks, Recreation, Waterfront (special
Marina subcommittee)
Children, Youth, and Recreation and Parks and Waterfront Peace, Justice, and Human Welfare1 Peace and Justice and Human Welfare, Community Action Commissions
Public Health Commission & Sugar
Sweetened Beverage Panel of Experts
Community Health Commission and Sugar Sweetened Beverage Panel of Experts
Housing Advisory Commission Measure O and Housing Advisory Commission Homeless Services Panel of Experts Homeless Commission and Measure P Homeless Services Panel of Experts
Public Works and Transportation Public Works and Transportation Planning Planning and Cannabis
All other commissions will maintain their current structure: Aging, Library Board of Trustees, Civic Arts, Disability, Commission on the Status of Women, Design Review Committee, Disaster and Fire Safety, BIDs, Fair Campaign Practices and Open Government, Redistricting, Landmarks Preservation, Labor, Loan Adjustments Board, Personnel, Planning, Police Review/Accountability, Reimagining Public Safety, Mental Health, Zoning Adjustments Board, and Youth
2. Refer to staff to develop recommendations on the transition to new consolidated commissions and the effective date of the changes.
3. Consider establishing 18 members on the new Climate and Environment Commission and establishing specific subcommittees focused on the policy areas of the merged commissions.
4. The Peace, Justice and Human Welfare Commission will be composed of only Mayor and Council appointees.
5. Refer to City Manager and Commissions the following additional considerations:
- Federal, state or other external mandates that might be impacted, and determine how to handle.
- Whether charters of to-be-merged Commissions were adopted by City Council, through measures or initiatives passed by voters, or are by Charter, and by what means they might be merged/adjusted
1 Members will be appointed by Council and membership should adhere to Government Code Section 12736(e); 12750(a)(2) and 12751.
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- What elements of each Commission to keep, update, or retire, as well as relevant topics/issues not currently covered that might be added to a more comprehensive and/or relevant merged Commission’s charter. - Whether the merged Commission might include 9, or a greater number of members.
- The possibility of requiring specific qualifications for appointment to the merged Commission.
- The possibility of recommended or required Standing Committees of the Merged Commission
- Volunteer workload and capacity given scope of Commission’s charter Policy Committee Oversight2 Commissions
Agenda and Rules 1. Fair Campaign Practices/Open Government Commission
2. Personnel Board
Budget and Finance (Any legislation that requires funding) Public Safety 1. Disaster and Fire Safety Commission
2. Police Accountability Board/Police Review
Commission
3. Reimagining Public Safety Task Force
Facilities, Infrastructure, Transportation
and the Environment
1. Commission on the Environment
2. Parks, Recreation and Waterfront with Marina
subcommittee
3. Public Works and Transportation
Land Use and Economic Development 1. Measure O Housing Commission
2. Planning Commission
3. Labor
4. Civic Arts Commission
Health, Equity, Life Enrichment, and
Community
1. Peace, Justice, and Civil Rights
2. Health and Sugar Sweetened Beverage Panel of
Experts
3. Homeless Services Panel of Experts
4. Mental Health Commission (state/federal mandate)
5. Commission on the Status of Women
6. Disability Commission
2 Primary policy committee oversight but legislation may be referred to multiple policy committees.
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Other Commissions: Zoning Adjustments Board (DRC), Landmarks Preservation, Board of Library Trustees, BIDs, Independent Redistricting Commission, Loan Administration Board
POLICY COMMITTEE RECOMMENDATION
On April 5, 2021, the Agenda and Rules Committee made a qualified positive recommendation to City Council to:
1. Refer to the City Manager and City Attorney to bring back changes to the enabling legislation to reorganize existing commissions as proposed below in a phased approach.
Phase 1: Prioritize merging the Homeless Commission/Homeless Services Panel of Experts and Housing Advisory Commission/Measure O Bond Oversight Committee first, and request that the City Manager bring back changes to the enabling legislation to implement these consolidated commissions.
Phase 2: All other Commissions as proposed below.
As staff is able to make recommendations on consolidation, they can bring those recommendations forward one by one.
New Commission Name
(suggested)
Former Commissions to be Reorganized
Commission on Climate and the
Environment
Zero Waste, Energy, Community Environmental
Advisory, and Animal Care
Parks, Recreation, Waterfront
(special Marina subcommittee)
Children, Youth, and Recreation and Parks and
Waterfront
Peace, Justice, and Human Welfare Peace and Justice Commission and Human Welfare and Community Action Commission
Public Health Commission & Sugar
Sweetened Beverage Panel of
Experts
Community Health Commission and Sugar Sweetened
Beverage Panel of Experts
Housing Advisory Commission Measure O and Housing Advisory Commission Homeless Services Panel of
Experts
Homeless Commission and Measure P Homeless
Services Panel of Experts
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Public Works and Transportation Public Works and Transportation Planning Planning and Cannabis
All other commissions will maintain their current structure: Aging, Library Board of Trustees, Civic Arts, Disability, Commission on the Status of Women, Design Review Committee, Disaster and Fire Safety, BIDs, Fair Campaign Practices and Open Government, Redistricting, Landmarks Preservation, Labor, Loan Adjustments Board, Personnel, Planning, Police Review/Accountability, Reimagining Public Safety, Mental Health, Zoning Adjustments Board, and Youth
2. Refer to the Commissions impacted a process to determine the charge/responsibilities of the newly merged commissions, and bring Commission input to the appropriate Policy Committees (as proposed by Vice-Mayor Droste in 4/5/21 submittal) for further recommendations to the City Manager on revised charge/responsibilities of merged commissions.
3. Refer to staff to develop recommendations on the transition to new consolidated commissions and the effective date of the changes.
4. Consider establishing 18 members on the new Climate and Environment Commission and establishing specific subcommittees focused on the policy areas of the merged commissions.
5. The Peace, Justice and Human Welfare Commission will be comprised of only Mayor and Council appointees.
6. Refer Councilmember Hahn questions to City Manager and Commissions:
“Commissions to Combine/Merge - Suggested Considerations” Federal, state or other external mandates that might be impacted, and determine how to handle
Whether charters of to-be-merged Commissions were adopted by City Council, through measures or initiatives passed by voters, or are by Charter, and by what means they might be merged/adjusted
What elements of each Commission to keep, update, or retire, as well as relevant topics/issues not currently covered that might be added to a more comprehensive and/or relevant merged Commission’s charter.
Whether the merged Commission might include 9, or a greater number of members.
The possibility of requiring specific qualifications for appointment to the merged Commission.
The possibility of recommended or required Standing Committees of the Merged Commission
Volunteer workload and capacity given scope of Commission’s charter
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PROBLEM/SUMMARY STATEMENT
Commissions provide an important mechanism for residents to shape public policy and provide input on City business. However, the City of Berkeley maintains far more commissions than other cities of similar size, with a significant investment of City resources to staff all 37 commissions. Some commission secretaries report spending upwards of 20+ hours per week on commission business, which takes valuable time away from addressing other pressing City priorities. The local public health emergency created by the global COVID-19 pandemic has required City staff to shift to new roles and maintain an Emergency Operations Center since January 2020; recovery from the pandemic will continue to demand the full attention of our City staff for the foreseeable future. Given the uncertainties that our City faces in recovering from the COVID-19 pandemic and the demands that this recovery places on our City staff, it is an appropriate time to consider how best to consolidate our commissions in a manner that helps the City to achieve its core mission.
REITERATION OF PRINCIPLES
Commissions are a fundamental part of the City’s policymaking process. Members of boards and commissions provide an invaluable service to our City. They advise the City Council on a wide variety of subjects by making recommendations on important policy matters. Without the assistance of the various boards and commissions, the City Council could give many complex and significant matters only a perfunctory review. The detailed studies and considered advice of boards and commissions are often catalysts for innovative programs and improved services. Serving on a board or commission can be a rewarding experience for community service– minded residents. It is an excellent way to participate in the functioning of local government and to make a personal contribution to the improvement of our community. Making local government effective and responsive is everybody’s responsibility.
● The Public Works Commission, for example, develops the City’s five year paving plan which they then present to City Council for approval. Through extensive community outreach and research, the Commission identifies the streets most in need of repaving.
● With the passage of Measure D in 2014, a Panel of Experts on Sugar-Sweetened Beverages has guided the City’s spending of over $5 million in revenue generated from the Measure. Those dollars have bolstered local public campaigns and education initiatives.
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These are merely two examples of the powerful role that Commissions play in City policymaking.
CURRENT SITUATION AND ITS EFFECTS
Current Commission Structure
The City of Berkeley has approximately thirty-seven commissions overseen by city administration, most of which have at least nine members and who are appointed by individual councilmembers. These commissions were intended to be a forum for public participation beyond what is feasible at the City Council, so that issues that come before the City Council can be adequately vetted.
Some commissions are required by charter or mandated by voter approval or state/federal mandate. Those commissions are the following:
1. Board of Library Trustees (charter)
2. Business Improvement Districts (state mandate)
3. Civic Arts Commission (charter)
4. Community Environmental Advisory Commission (state/federal mandate-- CUPA)
5. Fair Campaign Practices Commission/Open Government (ballot measure)
6. Homeless Services Panel of Experts (ballot measure)
7. Housing Advisory Commission (state/federal mandate)
8. Human Welfare and Community Action (state/federal mandate)
9. Measure O Bond Oversight Committee (ballot measure)
10. Mental Health Commission (state/federal mandate)
11. Personnel (charter)Police Review Commission (ballot measure)
12. Sugar-Sweetened Beverages (ballot measure)
Berkeley must have its own mental health commission because of its independent Mental Health Division. In order to receive services, the City needs to have to have an advisory board. Additionally, Berkeley’s Community Environmental Advisory Commission is a required commission in order to oversee Certified Unified Program Agency (CUPA) under California’s Environmental Protection Agency. Additionally, some commissions serve other purposes beyond policy advisories. The Children, Youth and Recreation Commission, Housing Advisory Commission, and the Human Welfare and Community Action Commission advise Council on community agency funding.
However, some of the aforementioned quasi-judicial and state/federal mandated commissions do not need to stand independently and can be combined to meet mandated goals.
The Importance of Commissions
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Commissions serve a vital role in the City of Berkeley’s rich process of resident engagement. An analysis of agendas over the past several years shows that the commissions have created policy that have benefited the community in meaningful and important ways. In 2020, 14 of the 16 commission items submitted to Council passed.
From 2016-2020, an average of 34 items were submitted by commissions to Council for consideration.
The City’s Health, Housing and Community Development department serves an important role in addressing COVID-19, racial disparities, inequitable health outcomes, affordable housing, and other important community programs. Additionally, Health, Housing, and Community Development also staffs ten commissions, more than many cities of Berkeley’s size. Council needs to wrestle with these tradeoffs to ensure that we seek the maximum benefit for all of the Berkeley community, particularly our most vulnerable.
Commission Structures in Neighboring Jurisdictions
In comparison to neighboring jurisdictions of similar size, Berkeley has significantly more commissions. The median number of commissions for these cities is 12 and the average is 15.
Comparable
Bay Area City
Population
(est.)
Number of
Commissions Links
Berkeley 121,000 37
https://www.cityofberkeley.info/uploadedFiles/Clerk/Level_3_- _Commissions/External%20Roster.pdf
Antioch 112,000 6https://www.antiochca.gov/government/boards-commissions/ Concord 130,000 14
https://www.cityofconcord.org/264/Applications-for-Boards-Committees- Commi
Daly City 107,000 7
http://www.dalycity.org/City_Hall/Departments/city_clerk/Commissions_Inf ormation/boards.htm
Fairfield 117,000 7https://www.fairfield.ca.gov/gov/comms/default.asp Fremont 238,000 15https://www.fremont.gov/76/Boards-Commissions-Committees Hayward 160,000 12https://www.hayward-ca.gov/your-government/boards-commissions
82 9
Richmond 110,000 29https://www.ci.richmond.ca.us/256/Boards-and-Commissions San Mateo 105,000 7https://www.cityofsanmateo.org/60/Commissions-Boards Sunnyvale 153,000 10https://sunnyvale.ca.gov/civicax/filebank/blobdload.aspx?blobid=22804 Vallejo 122,000 17http://www.ci.vallejo.ca.us/cms/one.aspx?pageId=22192
To understand the impact on various departments and staffing capacity, the following table shows which departments are responsible for overseeing various commissions.
Staffing and Resources Supporting Berkeley’s Current Commission Structure Commission Name
Overseeing Department (Total Commissions in
Department)
Animal Care Commission City Manager (8)
Civic Arts Commission City Manager (8)
Commission on the Status of Women City Manager (8)
Elmwood BID Advisory Board City Manager (8)
Loan Administration Board City Manager (8)
Peace and Justice Commission City Manager (8)
Solano Ave BID Advisory Board City Manager (8)
Cannabis Commission Planning (7)
Community Environmental Advisory Commission Planning (7) Design Review Committee Planning (7)
Energy Commission Planning (7)
Landmarks Preservation Commission Planning (7)
Planning Commission Planning (7)
Zoning Adjustments Board Planning (7)
83 10
Children, Youth, and Recreation Commission Parks (3)
Parks and Waterfront Commission Parks (3)
Youth Commission Parks (3)
Commission on Aging Health, Housing, and Community Services (HHCS) (10)
Commission on Labor HHCS (10)
Community Health Commission HHCS (10)
Homeless Commission HHCS (10)
Homeless Services Panel of Experts HHCS(10)
Housing Advisory Commission HHCS (10)
Human Welfare & Community Action Commission HHCS (10)
Measure O Bond Oversight Committee HHCS (10)
Mental Health Commission HHCS (10)
Sugar-Sweetened Beverage Product Panel of Experts HHCS (10) Disaster and Fire Safety Commission Fire (1)
Commission on Disability Public Works (4)
Public Works Commission Public Works (4)
Transportation Commission Public Works (4)
Zero Waste Commission Public Works (4)
Fair Campaign Practices Commission/Open Government
Commission
City Attorney (1)
Personnel Board Human Resources (1)
84 11
Police Review Commission/Police Accountability Board Police Review Commission/Police Accountability Board Staff
Reimagining Public Safety Task Force City Manager *(8) and BPD (2) Board of Library Trustees Library (1)
Gray=charter
Red=state/federal mandate
Yellow=quasi-judicial
Blue=ballot initiative
Orange=state/federal mandate and quasi-judicial
Green=quasi-judicial and ballot initiative
The departments that staff more than five commissions are Health, Housing, and Community Services (10 commissions), Planning (7 commissions), and the City Manager’s department (8 commissions). At the same time, some smaller departments (e.g. the City Attorney’s office) may be impacted just as meaningfully if they have fewer staff and larger individual commission workloads.
Policy Committee Structure Expands Opportunities for Public Input With the recent addition of policy committees, proposed legislation is now vetted by councilmembers in these forums. Each policy committee is focused on a particular content area aligned with the City of Berkeley’s strategic plan and is staffed and an advisory policy body to certain city departments. Members of the public are able to provide input at these committees as well. The policy committees currently have the following department alignment:
Department and Policy Committee alignment
1. Agenda and Rules–all departments
2. Budget and Finance–City Manager, Clerk, Budget, and Finance
3. Land Use and Economic Development–Clerk, Planning, HHCS, City Attorney, and City Manager (OED)
4. Public Safety–Clerk, City Manager, Police, and Fire
5. Facilities, Infrastructure, Transportation, Environment and Sustainability (Clerk, City Manager, Planning, Public Works, and Parks)
6. Health, Equity, Life Enrichment, and Community (Clerk, City Manager, HHCS)
Staffing Costs
Based upon preliminary calculations of staff titles and salary classifications, the average commission staff secretary makes roughly $60-$65/hour. Based upon recent interviews with secretaries and department heads, individual commission secretaries work
85 12
anywhere from 8-80 hours a month staffing and preparing for commission meetings. To illustrate this example, a few examples are listed below.
Commission Step 5 Rate
of Pay
Reported
Hours a Month
Total Direct Cost of
Commission per Month
Animal Care $70.90 8 $567.20
Landmarks Preservation
Commission
$57.96 80 $4,636.80
Design Review Commission $52.76 60 $3,165.60
Peace and Justice $60.82 32 $1,946.24
It is extremely challenging to estimate a specific cost of commissions in the aggregate because of the varying workload but a safe estimate of salary costs dedicated to commissions would be in the six-figure range.
Many commissions--particularly quasi-judicial and land use commissions– require more than one staff member to be present and prepare reports for commissions. For example, Zoning Adjustment Board meetings often last five hours or more and multiple staff members spend hours preparing for hearings. The Planning Department indicates that in addition to direct hours, additional commission-related staff time adds an extra 33% staff time. Using the previous examples, this means that the Landmarks Preservation Commission would cost the city over $6,000 in productivity while the Design Review Commission would cost the City over $4,000 a month.
Productivity Losses and Administrative Burden
Current productivity losses are stark because of the sheer amount of hours of staffing time dedicated to commissions. As an example, in 2019 one of the City of Berkeley’s main homeless outreach workers staffed a commission within the City Manager’s department. She spent approximately 32 hours a month working directly on commission work. While this is not a commentary on a particular commission, this work directly impacted her ability to conduct homeless outreach.
RATIONALE FOR RECOMMENDATION
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At a time when the City needs to demonstrate efficiency and fiscal restraint, the current commission structure is costly and duplicative. At the same time, civic engagement and commission work absolutely deserve an important role in Berkeley. Consequently, this legislation retains commissions but centers on overall community benefit, staff productivity, and associated costs. This is imperative to address, especially in light of COVID-19 and community demands for reinvestment in important social services.
FISCAL IMPACTS
Significant savings associated with reduced staffing.
CONTACT
Vice Mayor Lori Droste 510-981-7180
87
88 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
January 18, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Don Ellison, Interim Director of Human Resources Subject: Classification and Salary: Establish Limited Term Emergency Medical Technician
RECOMMENDATION
Adopt a Resolution to establish the represented classification of Limited Term EMT with a monthly salary range of $3,466.67 to $5,026.67.
FISCAL IMPACTS OF RECOMMENDATION
The total cost for each position is $119,995 and will be funded by Measure FF.
CURRENT SITUATION AND ITS EFFECTS
The Personnel Board discussed and voted to send this classification to the City Council for approval at its December 20, 2021 meeting (Vote: Ayes: Bartlow, Dixon, Lacey, Wenk Noes: None Abstains: None Absent: Gilbert, Karpinski, Wilson).
Establishing this classification advances our goal to be a customer-focused organization that provides excellent, timely, easily-accessible service and information to the community and attract and retain a talented and diverse City government workforce.
BACKGROUND
With the passage of Measure FF in November of 2020 and some complimentary internal reconfigurations, the Fire Department (Department) will be redesigning the way it provides emergency medical service to the community. This will include providing a higher level of retrospective call audits and employee education, and replacing the firefighter/paramedics that currently staff the City’s ambulances with single function EMTs and Paramedics. The Department will also be deploying additional ambulances, some staffed at the basic life support (EMT) level with EMTs, which a are more appropriate resource for low acuity calls.
Establishing this new EMS classification, decoupled from the firefighter rank, will allow the organization to provide entry level jobs that are attainable to local youth graduating from the highly successful Berkeley Safety Training & Education Pathway (B-STEP) program at Berkeley Unified School District, other similar vocational programs and other qualified candidates. The Limited Term EMT and Single Function Paramedic
89 Classification and Salary: Establish Limited Term Emergency Medical CONSENT CALENDAR January 18, 2022
classifications won’t just provide a better, more cost-effective service to the community, but will also serve as the missing link to our local recruitment pipeline.
EMT will become the entry level classification for the emergency medical services division within the fire department. The EMT classification is a recruitment pathway for the Department and the fire service more generally and thus, is limited to a three-year contract. This model has been used successfully in Departments within California.
Establishing the EMT classification will create opportunities in the Department that are more attainable to diverse workforce that is representative of the community it serves.
Operationally, it moves the Department closer to being able to triage calls in the dispatch center and send the most appropriate transport resource to the call based on the patient’s acuity.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
It has been the policy of the City to create the necessary classification and salary schedule to accommodate new duties and responsibilities, reflect programmatic changes, maintain competitive salaries and, when applicable, comply with regulatory requirements.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Donald E. Ellison, Human Resources, (510) 981-6800
Attachments:
1: Resolution
2: Class Specification – Limited Term EMT
3: Fire organizational chart
90 RESOLUTION NO. ##,###-N.S.
CLASSIFICATION: LIMITED TERM EMERGENCY MEDICAL TECHNICIAN (EMT) WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, the Fire Department has requested the Human Resources Department establish the classification of Limited Term EMT; and
WHEREAS, the Fire Department and Human Resources Department have completed a classification review; and
WHEREAS, the Personnel Board recommended on December 20, 2021 to establish the classification of Limited Term EMT, represented by IAFF Local 1227, with a monthly salary range of $3,466.67 to $5,026.67, funded by Measure FF and effective February 1, 2022.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Resolution No.69,995-N.S., Classification and Salary Resolution for IAFF, is amended to establish the classification of Limited Term EMT with a monthly salary range of $3,466.67 to $5,026.67, and a salary step schedule that will be subject to bargaining, effective February 1, 2022.
91 January 18, 2022
Attachment 2
LIMITED TERM EMERGENCY MEDICAL TECHNICIAN (EMT)
DEFINITION:
Under general supervision, responds to medical emergencies, and other emergency and non- emergency situations, and takes appropriate action; performs various staff support assignments in addition to normal emergency response activities; performs related work as assigned.
CLASS CHARACTERISTICS:
This is a single level class in emergency medical services where incumbents learn and eventually independently perform all duties required to effectively respond to emergency medical situations at the basic life support level. Incumbents may be assigned to an ambulance or other specialized response unit typically in two-person crews. This class is distinguished from Paramedic in that the latter class is fully qualified to provide medical care at the advanced life support level in addition to the basic life support level.
EXAMPLES OF DUTIES
The following list of duties is intended only to describe the various types of work that may be performed and the level of technical complexity of the assignment(s), and is not intended to be an all-inclusive list of duties. The omission of a specific duty statement does not exclude it from the position if the work is consistent with the concept of the classification, or is similar or closely related to another duty statement.
1. Provides first responder medical emergency care at the basic life support level as defined by the State of California and Alameda County;
2. Operates ambulances and other department vehicles;
3. Operates within applicable federal, state county and city laws, regulations and guidelines including the Health Insurance Portability and Accountability Act (HIPAA);
4. Completes accurate and thorough documentation of patient care;
5. Cleans, services, and ensures operational readiness of apparatus and equipment;
6. Participates in training and maintains/improves skills;
7. Participates in various staff support assignments including but not limited to:
maintenance of stations, apparatus and other facilities and performs scheduled inspections of departmental equipment;
8. Works with the community in a variety of educational, public relations, and service programs;
92 January 18, 2022
9. Present in a professional manner and demonstrates behavior in accordance with state, county and city policies;
10. May serve in higher level classifications on a relief basis;
11. Builds and maintains positive working relationships with co-workers, other employees and the public using principles of good customer service;
12. May be required to provide vaccinations;
13. May function in related medical capacities during public health emergencies;
14. Performs related duties as assigned.
KNOWLEDGE AND ABILITIES
Note: The level and scope of the knowledge and abilities listed below are related to job duties as defined under Class Characteristics.
Knowledge of:
1. Basic principles and practices of emergency medical care at the basic life support level;
2. Safety practices and precautions pertaining to the work;
3. Applicable federal, state, county and City regulations, practices and procedures;
4. Medical terminology and documentation.
Ability to:
1. Provide first responder emergency medical response at the basic life support level
2. Safety operate emergency apparatus and equipment;
3. Follow oral and written directions;
4. Establish and maintain effective working relationships with those encountered in the course of the work;
5. Maintain accurate records and prepare clear and concise reports, and other written materials;
6. Remain calm, make sound decisions, and respond appropriately in emergency situations;
7. Maintain physical fitness consistent sufficient to perform the work to established standards;
8. Communicate clearly and concisely, orally and in writing.
MINIMUM QUALIFICATIONS – BY DATE OF APPLICATION
93 January 18, 2022
Graduation from high school or GED equivalent
Valid California EMT License
Valid California Driver’s License with a satisfactory driving record Current American Heart Association CPR for the Healthcare Provider card Proof of vaccination to include: COVID-19, TDaP, TB, MMR, Hepatitis B, Varicella (Chicken Pox), and Influenza. Titers demonstrating immunity may be substituted for the proof of vaccination.
MINIMUM QUALIFICATIONS – BY DATE OF APPOINTMENT
Successful completion of background investigation including a Livescan; Successful completion of physical ability exam according to the specifications of the fire department.
OTHER REQUIREMENTS
Must be able to travel within and outside the City of Berkeley to meet the program needs and to fulfil job responsibilities. The incumbent is required to maintain a valid California Class C or higher driver's license as well as a satisfactory driving record.
Must be willing to maintain facial hair in such a manner as to ensure proper fitting and operation of Cal-OSHA compliant N95 and P100 particulate respirators.
Must be willing to work shifts as structured in the Fire Department. Must successfully complete on-going assessment of health and wellness as required by the City.
Employees in the position are employed on a limited term basis, which allows for a maximum of 36 months of full-time employment. During this time, the EMTs may request to transition to part time/per diem employment for a maximum of 24 months to attend a fire academy, paramedic school or education in a related field and return to a full time schedule to complete the 36 month full time employment contract. The total employment period will not to exceed a period of 60 months.
CLASSIFICATION HISTORY
Title: Limited Term Emergency Medical Technician
Classification Code: TBD
Established: December 20, 2021
FLSA Status:
Admin Leave / Overtime: Overtime
Representation Unit: IAFF Local 1227
Probationary Period: 2 years
Workers' Comp Code:
94 Attachment 3
95 96
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
January 18, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Don Ellison, Interim Director of Human Resources Subject: Classification and Salary: Establish Single Function Paramedic
RECOMMENDATION
Adopt a Resolution to establish the represented classification of Single Function Paramedic with a monthly salary range of $5,200 to $7,800.
FISCAL IMPACTS OF RECOMMENDATION
The total cost for each position is $179,992.80 and will be funded by the General Fund and the Paramedic Tax (existing fire department budget).
CURRENT SITUATION AND ITS EFFECTS
The Personnel Board discussed and voted to send this classification to the City Council for approval at its December 20, 2021 meeting (Vote: Ayes: Bartlow, Dixon, Lacey, Wenk Noes: None Abstains: None Absent: Gilbert, Karpinski, Wilson).
Establishing this classification advancing our goal to be a customer-focused organization that provides excellent, timely, easily-accessible service and information to the community and attract and retain a talented and diverse City government workforce.
BACKGROUND
With the passage of Measure FF in November of 2020 and some complimentary internal reconfigurations, the Fire Department (Department) will be redesigning the way it provides emergency medical service to the community. This will include providing a higher level of retrospective call audits and employee education, and replacing the firefighter/paramedics that currently staff the City’s ambulances with single function EMTs and Paramedics. The Department will also be deploying additional ambulances, some staffed at the basic life support (EMT) level with EMTs, which are more appropriate resource for low acuity calls.
Establishing this new EMS classification, decoupled from the firefighter rank, will allow the organization to provide entry level jobs that are attainable to local youth graduating from the highly successful Berkeley Safety Training & Education Pathway (B-STEP) program at Berkeley Unified School District, other similar vocational programs and other qualified candidates. The Single Function Paramedic classification won’t just provide a
97 Classification and Salary: Establish Single Function Paramedic CONSENT CALENDAR January 18, 2022
better, more cost-effective service to the community, but will also serve as the missing link to our local recruitment pipeline.
It is anticipated that Limited Term EMTs will be strong applicants for the position of Single Function Paramedics if they choose to apply. Single Function Paramedics will provide advanced life support services on the city’s ambulances and other EMS functions as determined by the Department. Operationally, establishing this classification will allow the Department to triage calls in the dispatch center and send the most appropriate transport resource to the call based on the patient’s acuity.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
It has been the policy of the City to create the necessary classification and salary schedule to accommodate new duties and responsibilities, reflect programmatic changes, maintain competitive salaries and, when applicable, comply with regulatory requirements.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Donald E. Ellison, Human Resources, (510) 981-6800
Attachments:
1: Resolution
2: Class Specification – Single Function Paramedic
3: Fire organizational chart
98 RESOLUTION NO. ##,###-N.S.
CLASSIFICATION: SINGLE FUNCTION PARAMEDIC (EMT)
WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, the Fire Department has requested the Human Resources Department establish the classification of Single Function Paramedic; and WHEREAS, the Fire Department and Human Resources Department have completed a classification review; and
WHEREAS, the Personnel Board recommended on December 20, 2021 to establish the classification of Single Function Paramedic, represented by IAFF Local 1227, with a monthly salary range of $5,200 to $7,800, funded by the General Fund and the Paramedic Tax (existing Fire Department budget) and effective February 1, 2022; and NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Resolution No. 69,995 N.S., Classification and Salary Resolution for IAFF is amended to establish the classification of Single Function Paramedic with a monthly salary range of $5,200 to $7,800, and a salary step schedule that will be subject to bargaining, effective February 1, 2022.
99 January 18, 2022
Attachment 2
PARAMEDIC
DEFINITION:
Under general supervision, responds to medical emergencies, and other emergency and non- emergency situations, and takes appropriate action; performs various staff support assignments in addition to normal emergency response activities; performs related work as assigned.
CLASS CHARACTERISTICS:
This is the journey level class, fully competent to perform responsible to provide emergency medical services response, performing all duties required to effectively respond to emergency medical situations at the advanced life support level. Incumbents may be assigned to an ambulance or other specialized response unit typically in two-person crews.
EXAMPLES OF DUTIES
The following list of duties is intended only to describe the various types of work that may be performed and the level of technical complexity of the assignment(s), and is not intended to be an all-inclusive list of duties. The omission of a specific duty statement does not exclude it from the position if the work is consistent with the concept of the classification or is similar or closely related to another duty statement.
1. Provides first responder medical emergency care at the advanced life support level as defined by the State of California and Alameda County;
2. Operates ambulances and other department vehicles;
3. Operates within applicable federal, state county and city laws, regulations and guidelines including the Health Insurance Portability and Accountability Act (HIPAA);
4. Completes accurate and thorough documentation of patient care;
5. Cleans, services, and ensures operational readiness of apparatus and equipment;
6. Participates in training and maintains/improves skills;
7. Participates in various staff support assignments including but not limited to:
maintenance of stations, apparatus and other facilities and performs scheduled inspections of departmental equipment;
8. Works with the community in a variety of educational, public relations, and service programs;
9. Presents in a professional manner and demonstrates behavior in accordance with state, county and city and department policies;
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10. Builds and maintains positive working relationships with co-workers, other employees and the public using principles of good customer service;
11. May be required to provide vaccinations;
12. May function in related medical capacities during public health emergencies;
13. Performs related duties as assigned.
KNOWLEDGE AND ABILITIES
Note: The level and scope of the knowledge and abilities listed below are related to job duties as defined under Class Characteristics.
Knowledge of:
1. Principles and practices of emergency medical care at the basic and advanced life support levels;
2. Safety practices and precautions pertaining to the work;
3. Applicable federal, state, county, City and department regulations, practices and procedures;
4. Medical terminology and documentation.
Ability to:
1. Provide first responder emergency medical response at the advanced life support level;
2. Safety operate emergency apparatus and equipment;
3. Follow and provide oral and written directions;
4. Establish and maintain effective working relationships with those encountered in the course of the work;
5. Maintain accurate records and prepare clear and concise reports, and other written materials;
6. Remain calm, make sound decisions, and respond appropriately in emergency situations;
7. Communicate clearly and concisely, orally and in writing;
8. Maintain physical fitness consistent sufficient to perform the work to established standards;
9. Maintain Alameda County accreditation
MINIMUM QUALIFICATIONS – BY DATE OF APPLICATION
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Graduation from high school or GED equivalent
Valid California Paramedic License
Valid California Driver’s License with a satisfactory driving record Current American Heart Association CPR for the Healthcare Provider, ACLS, PALS, PHTLS/ITLS (or equivalents as determined by the Fire Chief) cards Proof of vaccination to include: COVID-19, TDaP, TB, MMR, Hepatitis B, Varicella (Chicken Pox), and Influenza. Titers demonstrating immunity may be substituted for the proof of vaccination.
MINIMUM QUALIFICATIONS – BY DATE OF APPOINTMENT
Successful completion of background investigation including a Livescan; Successful completion of physical ability exam according to the specifications of the fire department.
OTHER REQUIREMENTS
Must be able to travel within and outside the City of Berkeley to meet the program needs and to fulfil job responsibilities. The incumbent is required to maintain a valid California Class C or higher driver's license as well as a satisfactory driving record.
Must be willing to maintain facial hair in such a manner as to ensure proper fitting and operation of Cal-OSHA compliant N95 and P100 particulate respirators.
Must be willing to work shifts as structured in the Fire Department. Must successfully complete on-going assessment of health and wellness as required by the City.
CLASSIFICATION HISTORY
Title: Paramedic
Classification Code: TBD
Established: December 20, 2021
FLSA Status:
Admin Leave / Overtime: Overtime
Representation Unit: B
Probationary Period: 2 years
Workers' Comp Code:
102
Attachment 2
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January 18, 2022
104
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
January 18, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Don Ellison, Interim Director of Human Resources Subject: Revise Classification and Salary: Emergency Medical Services Quality Improvement & Education Coordinator
RECOMMENDATION
Adopt a Resolution to revise the represented classification of Emergency Medical Services Quality Improvement & Education Coordinator with a monthly salary range of $12,273.73 to $14,000.13.
FISCAL IMPACTS OF RECOMMENDATION
The total cost for each position is $284,676 and will be funded by Measure FF.
CURRENT SITUATION AND ITS EFFECTS
The Personnel Board discussed and voted to send this classification to the City Council for approval at its December 20, 2021 meeting (Vote: Ayes: Bartlow, Dixon, Lacey, Wenk Noes: None Abstains: None Absent: Gilbert, Karpinski, Wilson).
Establishing this classification advances our goal to be a customer-focused organization that provides excellent, timely, easily-accessible service and information to the community and attract and retain a talented and diverse City government workforce.
BACKGROUND
With the passage of Measure FF in November of 2020 and some complimentary internal reconfigurations, the Fire Department (Department) will be redesigning the way it provides emergency medical service to the community. This will include providing a higher level of retrospective call audits and employee education, and replacing the firefighter/paramedics that currently staff the City’s ambulances with single function EMTs and Paramedics. The Department will also be deploying additional ambulances, some staffed at the basic life support (EMT) level with EMTs, which are more appropriate resource for low acuity calls.
This classification will manage the Departments Continuous Quality Improvement (CQI) program to include providing a higher level of retrospective call audits, data analysis and employee education. To recruit the right person for this critical job, the Department formed a labor management committee to research effective CQI programs throughout
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Classification and Salary: EMS Quality Improvement & Education Coordinator CONSENT CALENDAR January 18, 2022
the State. The proposed modifications to this Classification include re-naming to Fire Department EMS Coordinator and modifications to the characteristics, duties, knowledge, abilities, minimum qualifications and pay that align it with comparable classifications in other jurisdictions.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
It has been the policy of the City to create the necessary classification and salary schedule to accommodate new duties and responsibilities, reflect programmatic changes, maintain competitive salaries and, when applicable, comply with regulatory requirements.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Donald E. Ellison, Human Resources, (510) 981-6800
Attachments:
1: Resolution
2: Class Specification – Emergency Medical Services Quality Improvement & Education Coordinator
3: Fire organizational chart
106
RESOLUTION NO. ##,###-N.S.
CLASSIFICATION: EMERGENCY MEDICAL SERVICES QUALITY IMPROVEMENT &
EDUCATION COORDINATOR (EMT)
WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, the Fire Department has requested the Human Resources Department revise the classification of Emergency Medical Services Quality Improvement & Education Coordinator; and
WHEREAS, the Fire Department and Human Resources Department have completed a classification review; and
WHEREAS, the Personnel Board recommended on December 20, 2021 to revise the classification of Emergency Medical Services Quality Improvement & Education Coordinator, represented by IAFF Local 1227, with a monthly salary range of $12,273.73 to $14,000.13.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Resolution No. 69,995-N.S., Classification and Salary Resolution for IAFF, is amended to revise the classification of Emergency Medical Services Quality Improvement & Education Coordinator with a monthly salary range of $12,273.73 to $14,000.13, and a salary step schedule that will be subject to bargaining, effective January 18, 2022.
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Attachment 2
EMERGENCY MEDICAL SERVICES QUALITY IMPROVEMENT & EDUCATION
COORDINATOR
DEFINITION
Under supervision of an Assistant Fire Chief in charge of Emergency Medical Services (EMS), advises fire department personnel on training and pre-hospital medical services, and participates in the emergency medical response pre-hospital care program; performs related work as assigned.
CLASS CHARACTERISTICS
This non-sworn classification is responsible for overseeing the fire departments and fire/ems dispatch quality assurance (QA) and quality improvement program. This classification works to ensure the department meets the requirements set forth by federal law, state law and the Alameda County Emergency Medical Services District for response to medical emergencies. This classification will coordinate services with relevant stakeholders to; provide case review and training to the department's personnel; analyze statistics and related data, oversees adherence of federal, state, local and city regulations for the department’s narcotic program, and works closely with the department's personnel to provide a system of total quality management.
EXAMPLES OF DUTIES:
The following list of duties is intended only to describe the various types of work that may be performed and the level of technical complexity of the assignment(s) and is not intended to be an all-inclusive list of duties. The omission of a specific duty statement does not exclude it from the position if the work is consistent with the concept of the classification, or is similar or closely related to another duty statement.
1. Plans, organizes and administers a training program for personnel to maintain paramedic, Emergency Medical Technician including Cardiopulmonary Resuscitation (CPR) training in accordance with the Alameda County Emergency Medical Services District and the State of California Emergency Medical statues; and ongoing and current issues with prehospital medicine;
2. Routes specific issues to appropriate supervisors, tracks broad issues to inform department training;
3. Represents the fire department while following up on significant EMS incidents and evaluates EMS complaints and concerns;
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4. Coordinates continuing education, which includes curriculum development, written and practical examinations, and development and maintenance of course completion and certification records;
5. Develops and coordinates training and system delivery programs to improve individual and departmental response capabilities;
6. Coordinates and evaluates retrospective data in order to provide statistical information required to identify and accomplish the goals of the fire department as they relate to EMS;
7. Coordinates activities with the Alameda County Emergency Medical Services District, its related committees and commissions, as well as other area medical services and the State Fire Service;
8. Participates in peer QI process;
9. May be required to provide vaccinations;
10.Develop reports, policies and procedures consistent with local, state and federal regulations;
11.Function as the departments Designated Infection Control Officer and oversees the infection control program under the supervision of a chief officer;
12.Coordinates related pilot programs the department undertakes; and
13. Performs related duties as assigned.
Knowledge and Abilities:
Note: The level and scope of the knowledge, skills and abilities listed below are related to job duties as defined under Class Characteristics.
Knowledge of:
1. Working knowledge of the fire department's roles and responsibilities as they relate to pre-hospital Basic Life Support and Advanced Life Support;
2. The legal environment that surrounds emergency medical services;
3. Emergency medical program management, training methodology and techniques;
4. Practices and techniques of case review, quality assurance systems review and data collection and analysis; and
5. Role that EMS plays in the fire service to include what the fire service role has been in the past, what it is now, and where it is going.
Skill in and ability to:
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1. Plan, organize and conduct an EMS training and quality assurance plan;
2. Develop and maintain a cooperative working relationship with a variety of agencies, boards and commissions; and
3. Develop and implement program policies and procedures and to oversee, coordinate and teach continuing education and certification classes
4. Word processing, database, project management and spreadsheet software such as accounting, calendaring, referral and project management systems, and the use of personal computing equipment; and
5. Basic business controls, budget methods, business ethics, basic arithmetic and data review and reconciliation techniques.
6. Understanding of ICS and ability to fill ICS positions MINIMUM QUALIFICATIONS:
AT TIME OF APPLICATION:
A Bachelors degree,
Four (4) years of clinical experience within the emergency medical field; Must have a paramedic certification or higher level of medical license; Must have a Basic Life Support (BLS - C) Instructor Certificate; Must maintain date certifications for Advanced Cardiac Life Support (ACLS); Pediatric Advanced Life Support (PALS) or Pediatric Education for Pre-hospital Professionals (PEPP); Pre-Hospital Trauma Life Support (PHTLS) or Basic Trauma Life Support (BTLS) or their equivalents as determined by the Alameda County Emergency Medical Services District;
OTHER REQUIREMENTS
Must be able to travel to various locations within and outside the City of Berkeley to meet the program needs and to fulfill the job responsibilities. When driving on City business, maintenance of a valid California driver's license and satisfactory driving record is required.
It is highly desirable that candidates have experience in, or substantial knowledge of 911 dispatch quality assurance programing, experience in providing EMS continuing education and training to adult learners, and have management experience of a pre- hospital care Quality Assurance Program.
CLASSIFICATION HISTORY
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Title: Emergency Medical Services Quality Improvement & Education Coordinator Classification Code: 2094
Revised: December 20, 2021
Established: October 9, 2008
FLSA Status: Non-Exempt
Admin Leave / Overtime: Overtime
Representation Unit: Public Employees Union, Local One Probationary Period: 1 Year
Workers' Comp Code: TBD
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Attachment 3
112
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
January 18, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: Revise the Classification and Increase the Salary Schedule for Deputy Finance Director
RECOMMENDATION
Adopt a Resolution amending Resolution No. 69,967-N.S. (Classification and Salary Resolution for classifications in Executive and Confidential Management, Confidential Professional, Confidential Clerical) to increase the salary of the Deputy Finance Director from a maximum monthly salary of $14,677.47 to $16,120.00 per month effective January 1, 2022, to align it with other City of Berkeley Deputy Director classifications.
FISCAL IMPACTS OF RECOMMENDATION
The cost of this increase will be paid from general fund.
CURRENT SITUATION AND ITS EFFECTS
The Deputy Finance Director position was established July 1,1990 with one revision occurring in 2008. This position was last occupied in 2007 and has remained unfilled.
Minor modifications have been made to the job description to more fully represent the duties performed and an increase to the salary range will bring internal equity to this classification.
The Human Resources Department contracted with Bryce Consulting to conduct a Classification and Compensation Study. Bryce Consulting is an agency that provides a variety of human resource services to non-profit and public-sector clients. After considering the internal relationships among classifications, staff is recommending a monthly salary range of $12,226-$16,120.
Classification Step 1
Deputy Finance Director $70.7682-$92.9980
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Classification and Salary: Deputy Finance Director CONSENT CALENDAR January 18, 2022
BACKGROUND
The Personnel Board discussed and voted to send this classification to the City Council for approval at its December 20, 2021 meeting (Vote: Ayes: Bartlow, Dixon, Lacey, Wenk Noes: None Abstains: None Absent: Gilbert, Karpinski, Wilson)
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
It has been the policy of the City to create the necessary classification and salary schedule to accommodate new duties and responsibilities, reflect programmatic changes, maintain competitive salaries and, when applicable, comply with regulatory requirements.
ALTERNATIVE ACTIONS CONSIDERED
None
CONTACT PERSON
Donald E. Ellison, Human Resources, (510) 981-6800
Attachments:
1: Resolution
2: Classification Specification
3: Organizational Chart
114
RESOLUTION NO. 69,967-N.S.
SALARY ADJUSTMENT FOR THE DEPUTY DIRECTOR OF FINANCE
WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, the Interim Deputy City Manager and Director of Finance had recommended revising the salary and classification; and
WHEREAS, the Finance Department and Human Resources Department have completed a classification and salary review; and
WHEREAS, the Personnel Board voted on December 20, 2021 to approve the classification and salary range for the Deputy Finance Director, with a monthly salary range of $14,677.47 to $16,120.00, effective January 1, 2022, to align it with other City of Berkeley Deputy Director classifications.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Resolution No. 69,967-N.S., (Classification and Salary Resolution for classifications in Executive and Confidential Management, Confidential Professional, Confidential Clerical) is amended revising the Deputy Finance Director Classification and Salary, effective January 1, 2022, with a monthly salary range of $14,677.47 to $16,120.00.
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DEP DIRECTOR OF FINANCE Class
Code: 1065
Bargaining Unit: Unrepresented Classifications
CITY OF BERKELEY
Established Date: Jul 1, 1990
Revision Date: Oct Dec 20, 20082021
SALARY RANGE
$64.3970.7682- $84.6292.9980 Hourly
$5,151.205,661- $6,769.607,440 Biweekly
$11,160.9312,266- $14,667.4716,120 Monthly
$133,931.20147,190- $176,009.60193,436 Annually
DESCRIPTION:
DEFINITION
Under the general direction of the Director of Finance, organizes, supervises and directs the services and functions of the department with responsibility for fiscal, budgetary, and other supportive services; represents the department on administrative matters involving other departments and agencies; and supervises a staff of professional, technical and clerical personnel; performs related work as required.
CLASS CHARACTERISTICS
This single position class may have overall administrative and supervisory responsibility for the Finance Department functions which include the treasury, budget, business licenses and collections, accounting, real property, parking violations, pension systems administration, risk management and financial administrative services. In addition, the Deputy Director of Finance will assist in the development of new programs for equitable and adequate revenue sources. The Deputy director of Finance acts in the absence of the Director of Finance. This class differs from the Director of Finance by the latter class having overall responsibility for complex and sensitive analytical and management responsibilities in controlling the entire Finance Department.
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EXAMPLES OF DUTIES:
The following list of duties is intended only to describe the various types of work that may be performed and the level of technical complexity of the assignment(s) and is not intended to be an all inclusive list of duties. The omission of a specific duty statement does not exclude it from the position if the work is consistent with the concept of the classification, or is similar or closely related to another duty statement.
1. Provides fiscal management of the divisional programs, which includes the maintenance of a centralized accounting system and the development of fiscal procedures and policies;
2. Advises the Director and others on program implications of financial activity and prepares a variety of financial reports; maintains liaison with project staffs, and Federal and State funding agencies in matters affecting fiscal and accounting guidelines and requirements, budget changes and related activity;
3. Plans, organizes, assigns, directs, reviews and evaluates the work of assigned staff;
4. Selects personnel and provides for their training and professional development;
5. Develops and improves programs for the effective utilization of office space, forms, supplies, equipment; works closely with other project on staff development matters;
6. Completes complex administrative and management studies for the department; prepares comprehensive written narrative and statistical reports;
7. Plans and proposes modification in the structure of retirement and other employee benefit plans for labor negotiations; provides management consultation to other divisions;
8. Provides leadership and technical assistance to committees, commissions or boards, either directly or through professional and supervisory staff;
9. Attends meetings and conferences and represents the department on committees directed; participates and represents the department on administrative service matters;
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10. Designs and implements an automated and integrated financial accounting system; organizes and administers effective accounts receivables and payables reporting and collection procedures;
11. Performs related duties as assigned.
KNOWLEDGE AND ABILITIES:
Note: The level and scope of the knowledges and skills listed below are related to job duties as defined under Class Characteristics.
Knowledge of:
1. Principles and practices of effective employee supervision, including selection, training, work evaluation, and discipline;
2. Principles and practices of general, fund, and government accounting, including financial statement preparation and methods of financial reporting;
3. Principles and practices of business computer user applications;
4. Applicable city, state and federal laws and regulations;
5. Organizational planning techniques, including staffing and goals and objectives and work standards development;
6. Laws regulating the investment of public funds;
7. Administrative principles and practices, including goal setting, program and budget development and implementation and employee supervision.
Skill in:
1. Planning, organizing, assigning, directing, reviewing and evaluating the work of assigned staff;
2. Strong leadership and interpersonal relations;
3. Analyzing and making sound recommendations on complex financial data;
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4. Planning, organizing and directing a wide variety of financial programs and activities;
5. Evaluating financial programs and providing recommendations for improvements;
6. Understanding, interpreting, explaining and applying city, state and federal laws regulating City financial accounting, reporting and recordkeeping, investment of funds and borrowing;
7. Developing and implementing financial procedures and controls;
8. Performing complicated mathematical calculations;
9. Evaluating the earning potential of tax-exempt investments and directing investment activities;
10. Preparing clear, concise and complete financial statements, reports and other written materials;
11. Exercising sound, independent judgment within general policy guidelines;
12. Representing the City effectively in contacts with governmental and regulatory agencies, outside consultants and counsel, and business and professional groups;
13. Establishing and maintaining effective working relationships with all levels of City management and the City Council.
14. Plans, directs, and coordinates work performed by multiple work units, including accounting, payroll, audit, budget, purchasing, and business licenses.
MINIMUM QUALIFICATIONS:
A TYPICAL WAY OF GAINING THE KNOWLEDGE AND SKILLS OUTLINED ABOVE IS:
Equivalent to graduation from a four-year college or university with major coursework in accounting, business administration, finance or a closely related field and six (6) years of professional experience in accounting or financial management, of which at least two (2) years included the supervision of professional level staff. Related
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experience in a public agency and/or a master’s degree in accounting or business administration is highly desirable.
OTHER REQUIREMENTS
Must possess a valid California driver's license and have a satisfactory driving record.
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122
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
January 18, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Don Ellison, Director, Human Resources Department Subject: Recommendation to Increase the Salary Schedule for Director of Health, Housing & Community Services and Director of Parks, Recreation, & Waterfront
RECOMMENDATION
Adopt a Resolution amending Resolution No. 69,967-N.S. (Classification and Salary Resolution for classifications in Executive and Confidential Management, Confidential Professional, Confidential Clerical) to increase the salary of the Director of Health, Housing & Community Services from a maximum monthly salary of $20,151.73. to $21,432.00, per month and amending Resolution No. 70,107-N.S. (Salary Adjustment for the Department Heads of Finance, Human Resources, Information Technology, Parks, Recreation and Waterfront, Planning, Public Works and Fire Chief) to increase the salary of Director of Parks, Recreation and Waterfront from a maximum monthly salary of $20,987.00 to $21,432.00 to align it with other City of Berkeley Department Heads.
FISCAL IMPACTS OF RECOMMENDATION
The cost of this increase will be paid from General Fund.
CURRENT SITUATION AND ITS EFFECTS
The Human Resources department conducted a Classification and Compensation study of the Director of Public Works, Director of Parks, Recreation, and Waterfront, and Director of Health, Housing, and Community Services. Based upon the Compensation study Council authorized an increase of the Director of Public Works Director by 6.35% and the Director of Parks and Recreation by 4.15%. The Director of Health, Housing and Community Services did not receive an increase as the comp study did not show below median.
In order to bring internal equity back to this classification we are proposing that we maintain the band and internal alignment and move the HHCS Director by 6.2% to achieve top step of $21,432.00 and Parks Director by 2% to achieve top step to $21, 432.00.
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Classification and Salary: HHCS and PRW CONSENT CALENDAR January 18, 2022
Salary for 3 Classifications prior to November 16, 2021 Council Adoption.
Salary for 3 Classifications post November 16, 2021 Council Adoption.
Classification Step 1
Director of Public Works 14,655.33 21,432.00
Director of Parks 14,655.33 20, 987.00
Director of HHCS 14,655.33 20,151.73
Recommended Salary for Directors of Parks and HHCS
Classification Step 1
Director of Public Works 14,655.33 21,432.00
Director of Parks 14,655.33 21,432.00
Director of HHCS 14,655.33 21,432.00
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the subject of this report.
RATIONALE FOR RECOMMENDATION
It has been the policy of the City to create the necessary classification and salary schedule to accommodate new duties and responsibilities, reflect programmatic changes, maintain competitive salaries and, when applicable, comply with regulatory requirements.
ALTERNATIVE ACTIONS CONSIDERED
None
CONTACT PERSON
Donald E. Ellison, Human Resources, (510) 981-6800
Job Description Salary Min. Salary Max.
Director of Public Works 14,655.33 20,151.73
Director of Parks 14,655.33 20,151.73
Director of HHCS 14,655.33 20,151.73
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Classification and Salary: HHCS and PRW CONSENT CALENDAR January 18, 2022
Attachments:
1: Resolution
2: Classification Specification
3: Organizational Chart
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RESOLUTION NO. ##,###-N.S.
SALARY ADJUSTMENTS FOR THE DIRECTOR OF HEALTH, HOUSING &
COMMUNITY SERVICES AND DIRECTOR OF PARKS, RECREATION AND
WATERFRONT
WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, the Interim Deputy City Manager recommended revising the salary; and WHEREAS, the Human Resources Department completed a classification and salary review and based upon the Compensation study Council authorized an increase of the Director of Parks and Recreation by 4.15%. The Director of Health, Housing and Community Services did not receive an increase as the comp study did not show below median; and
WHEREAS, in order to bring internal equity back to this classification it is proposed to increase the HHCS Director by 6.2% to achieve top step of $21,432.00 and Parks Director by 2% to achieve top step to $21,432.00.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Resolution No. 69,967-N.S., Executive and Confidential Management, Confidential Professional, Confidential Clerical, is amended revising the Director of Health, Housing and Community Services salary by 6.2% to achieve top step of $21,432.00 and Resolution No. 70,107-N.S., Salary Adjustment for the Department Head of Parks, Recreation & Waterfront, is amended revising the Director of Parks, Recreation, and Waterfront salary by 2% to achieve top step to $21,432.00.
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Attachment A
Director of Parks,
Recreation and
Waterfront
Bargaining Unit: Unrepresented Classifications
Class Code:
1083
CITY OF BERKELEY
Established Date: Oct 6, 2008
Revision Date: January 18,2022
SALARY RANGE
$84.55 - $123.64 Hourly
$6,764.00 - $9,891 Biweekly
$14,655.33 - $21,431Monthly
$175,864.00 - $257,175 Annually
DESCRIPTION:
DEFINITION
Under the administrative direction of the City Manager, directs the Department of Parks, Recreation and Waterfront with responsibility for the operation, planning, administration, financial management and intergovernmental relations for parks, recreation and waterfront management activities. Directs the activities of the department which include management of the City's marina and waterfront properties; the design, beautification, construction, and maintenance of the City's parks, gardens, trees, playgrounds, medians, recreation centers and wilderness camps; performs related work as assigned.
CLASS CHARACTERISTICS
This is a department head position with responsibility for the overall planning, administration and management of all marina, waterfront, parks and forestry, recreation, camps and youth enrichment programs and subject only to the direction of the City Manager. Departmental planning and operations are coordinated with activities of other City departments and developed within the framework of City policies. The Director of Parks, Recreation and Waterfront has primary responsibility for planning and administering all aspects of the following: the City's Marina facilities, all City managed waterfront properties, lease agreements with commercial enterprises, public services, the City’s recreation facilities, and all programs offered at these facilities, use of the City’s camps properties, and city sponsored camps activities and all City parks and landscaped areas, including medians and City trees. The Director of Parks, Recreation and Waterfront has direct responsibility, within general policy guidelines, for dealing with difficult matters involving policy, administration and operations. This position requires considerable public contact with citizen groups, boards, commissions, other governmental agencies and other City departments and officials.
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EXAMPLES OF DUTIES:
1. Works closely with the City Manager, City Council, other City departments, other public and private organizations and agencies, and citizens groups and commissions in developing an integrated and comprehensive approach to addressing problems and formulating programs and projects for implementation;
2. Plans, organizes, coordinates, administers, and directs the work of the department through the deputy director, division and section heads; develops and directs the implementation of goals, objectives, policies, procedures, work standards, and budget for the department; directs the development and implementation of management systems, procedures, and standards for program evaluation;
3. Directs the preparation of annual and long term business plans, and proforma financial statements to analyze the feasibility of new or improved business operations; drafts business plans which include revenue and cost analysis; recommends various types of fees including fees for berths; ensures appropriate fiscal systems and controls are implemented for the sound fiscal operation of business activities;
4. Ensures compliance of parks, recreation, camps and marina activities to pertinent codes, regulations, and guidelines; monitors developments related to capital improvement projects and maintenance; evaluates their impact;
5. Prepares and directs the preparation of complex written reports and studies for the City Manager, City Council, boards and commissions, and outside funding agencies; works closely with and provides technical assistance, directly or through subordinate staff, to citizen boards and commissions;
6. Manages, plans, coordinates and integrates departmental programs, operations, and policies with other City departments and staff, outside agencies, and citizen organizations, boards and commissions, and ensures public participation in parks, recreation center and marina planning and design; develops and provides effective service standards to meet the needs of parks, recreation, camps and marina users and ensures timely delivery of service; responds to citizen complaints, initiatives, and inquiries;
7. Directs the property management functions for the leases on publicly owned land and facilities, advising the City Manager on overall strategy for public and private leases; supervises the negotiation of leases;
8. Ensures the proper management of the Landscape Special Assessment District; prepares plans for bond issues for parks and waterfront development as appropriate;
9. Reviews staff work, existing policies, and operating procedures for overall effectiveness and develops effective programmatic approaches;
10. Responsible for the selection, supervision, work evaluation, and discipline of staff and provides for their training and development; ensures effective employee relations and grievance handling by the department;
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11. Oversees the planning and acquisition, layout and maintenance of new parks, or marina facilities, and the redevelopment of existing areas and recreation and camps facilities;
12. Performs related duties as assigned.
KNOWLEDGE AND ABILITIES:
NOTE: The level and scope of the knowledge and skills listed below are related to job duties as defined under Class Characteristics.
Knowledge of:
1. Principles and methods of waterfront, marina, recreation, camps facility and parks planning and design, maintenance, operations, boating, and environmental conservation and ecology at the local and regional level;
2. Thorough knowledge of local, state, and federal laws applicable to public recreation, parks and waterfront projects;
3. Administrative principles and methods, including goal setting, employee supervision and development, personnel administration, employee relations, program development and implementation;
4. Principles and practices of budget development and administration, grant funding application and administration, cost accounting, accounts receivables, and profit/loss analysis techniques and financial record keeping;
5. Effective methods for ensuring and facilitating citizen participation in parks, recreation, camps and marina issues;
6. Principles and practices of contract administration and evaluation; and
7. Social, political and environmental issues influencing program planning and administration.
Skill in:
1. Planning, organizing, administering and coordinating a variety of complex functional specialties;
2. Analyzing complex and sensitive economic, administrative, operational, and organizational problems related to parks, recreation and waterfront issues, evaluating alternatives and reaching sound conclusions;
3. Planning, developing and implementing effective parks, recreation and waterfront programs, based upon community needs, available resources and City priorities and policies;
4. Developing and implementing goals, objectives, policies, procedures, work standards, and management controls;
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5. Planning, preparing and administering the department budget;
6. Establishing and maintaining cooperative working relationships with a variety of citizens including patrons, community and private organizations, boards and commissions, and other City staff;
7. Establishing and maintaining an effective public relations program;
8. Selecting, motivating and evaluating staff and providing for their training and effective placement; ensuring the preparation of clear, concise, and complete reports and other written material and the maintenance of accurate records and files;
9. Coordinating multiple complex projects and meeting critical deadlines;
10. Exercising sound independent judgment within established guidelines;
11. Representing the City effectively in meetings with other governmental agencies, community groups, businesses, financial institutions, boards and commissions, and the public.
MINIMUM QUALIFICATIONS:
A TYPICAL WAY OF GAINING THE KNOWLEDGE AND SKILLS OUTLINED ABOVE IS:
Equivalent to graduation from an accredited college with a degree in business, marketing, landscape architecture, recreation, planning, public administration, or a closely related field and six (6) years of increasingly responsible professional experience in the field of recreation, forestry, parks landscaping design, planning, management analysis or marina management. At least four (4) years of this experience must have involved management of a variety of programs and supervision of professional and technical staff in the areas of parks, recreation or waterfront operations, public enterprise, destination resort management, or similar enterprises. This experience must have involved policy formation, program planning, development and implementation. Experience in providing services and facilities for fee for use by the public and in working with a variety of community organizations is desirable. A master's degree in a related field may be substituted for one year of the non-management experience.
OTHER REQUIREMENTS
Must be willing to travel to various locations within and outside the City of Berkeley to meet the program needs and to fulfill the job responsibilities. When driving on City business, maintenance of a valid California driver's license and a satisfactory driving record is required. Must be able to respond to emergencies on a 24 hour basis and attend evening and weekend meetings and events on a regular basis.
SPECIAL STATUS
This classification is excluded from the career service and the incumbent employed will be employed as an "AT-WILL" employee.
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CLASSIFICATION HISTORY:
Class No. 1112
Established: July 1995
Title Change: July 2001
Revised: January 2022
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Attachment B
Director of Health,
Housing and Community
Services
Bargaining Unit: Unrepresented Classifications
Class Code:
1077
CITY OF BERKELEY
Established Date: Jun 12, 2012
Revision Date: January 18, 2022
SALARY RANGE
$84.55 - $123.64 Hourly
$6,764.00 - $9,891 Biweekly
$14,655.33 - $21,431 Monthly
$175,864.00 - $257,175 Annually
DESCRIPTION:
DEFINITION
Under the administrative direction of the City Manager, directs the Department of Health, Housing and Community Services with responsibility for the planning, organization, administration, financial management and effective operation of its programs and services. These programs and services include the promotion of the physical, emotional, environmental and social well being of the Berkeley community; performs related duties as required.
CLASS CHARACTERISTICS
This is a department head position under direction of the City Manager, with responsibility for the overall planning, administration and operation of the Department of Health, Housing and Community Services. Departmental planning and operations are coordinated with activities of other City departments and are developed within the framework of City policies. The Director has primary responsibility for a wide variety of programs including public and mental health services; vital statistics; environmental health; community services including homeless, aging and employment services; community development block grant programs; community service contracts; and affordable housing development and rehabilitation. The Director assumes direct responsibility for dealing with difficult matters involving departmental programs, including complex funding relationships with Federal, State and County agencies, interpretation of related codes, ordinances and regulations, and for ensuring compliance with local, state and federal law in various program areas. This position requires considerable public contact with citizen groups, boards and commissions, as well as other municipalities, County, State, Federal and City departments and officials. This position may function as the Health Officer of the City.
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EXAMPLES OF DUTIES:
The following list of duties is intended only to describe the various types of work that may be performed and the level of technical complexity of the assignment(s), and is not intended to be an all inclusive list of duties. The omission of a specific duty statement does not exclude it from the position if the work is consistent with the class concept, or is similar or closely related to another duty statement.
1. Works closely with the City Manager, other City departments, boards and commissions, other public agencies and community groups and private sector representatives in developing effective programs to respond to public and community health, mental health, environmental health, affordable housing, homeless services, aging services and workforce development; assists in policy development which integrates housing development with neighborhood revitalization and economic development opportunities;
2. Provides overall direction to the work of the department through subordinate staff, encouraging the efficient and effective operations of all Department programs and services; motivates and encourages initiative and high standards of performance, productivity and accountability among the staff;
3. Develops general departmental administrative policies and procedures; reviews staff work, specific policies and operating procedures for conformance to established standards and makes decisions for the department regarding questions of interpretation of City regulations;
4. Advises the City Manager and the City Council on all aspects of community health care services in the City of Berkeley; confers with a variety of public and private officials on related issues and often serves as the City's representative to these officials;
5. Disseminates and interprets policies, laws, regulations and state and federal directives regarding medical and public health issues to physicians, department staff and representatives of hospitals, nursing homes, medical clinics and schools by written and personal contacts;
6. Oversees the Community Development Block Grant, Community Services Block Grant and Emergency Shelter Grant program planning, implementation and evaluation;
7. Works closely with and provides technical assistance, directly or through subordinate staff, to a variety of citizen boards and commissions such as the Community Health Commission, Mental Health Commission, Commission on the Status of Women, Housing Advisory Commission, Homeless Commission and Commission of Aging, Labor Commission, Peace and Justice Commission, as well as local, state and federal loan program committees and neighborhood improvement committees, and the City Council;
8. Directs the selection of supervisors and the work evaluation of departmental personnel; oversees employee relations and grievances; provides supervisory training and staff development programs;
9. Monitors developments related to the Department's service areas; evaluates their impact on City operations and implements policy and procedural improvements;
10. Coordinates the preparation of reports for the City Manager, City Council, boards and commissions, and outside funding agencies; reviews division budgets and coordinates the preparation, presentation and control of the departmental operating budget; and
11. Performs related duties as assigned.
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KNOWLEDGE AND ABILITIES:
Note: The level and scope of the knowledge and abilities listed below are related to job duties as defined under Class Characteristics.
Knowledge of:
1. Administrative principles and methods, including goal setting, program and budget development and implementation;
2. Local, state and federal laws applicable to public health, housing development, rehabilitation and subsidized housing programs;
3. Principles and practices of a wide variety of social and/or health programs in both the public and private sector, and of related resources and funding procedures;
4. Principles and practices of the interrelationships between various governmental agencies involved with housing and community development;
5. Principles and practices of community service agencies, including non-profits serving the homeless and aging populations; adult and youth workforce development; and the issues related to those services;
6. Principles and practices of budget development and administration; and contract management and evaluation;
7. Funding sources impacting program and service development;
8. Social, political and environmental issues influencing program administration; and
9. Principles and practices of effective employee supervision, including selection, training, goal setting, and positive motivational techniques.
Ability to:
1. Plan, organize, administer and coordinate a variety of large and complex City health, housing and community services and programs;
2. Plan and develop programs based upon community needs, available resources and City priorities and policies;
3. Select, motivate and evaluate staff and provide for their training and professional development;
4. Develop and implement goals, objectives, policies, procedures, work standards and internal controls;
5. Analyze complex technical and administrative problems, evaluate alternative solutions and adopt effective courses of action;
6. Prepare clear and concise reports, correspondence and other written materials;
7. Establish and maintain cooperative working relationships with a variety of citizens, public and private organizations, boards and commissions, and City staff; and
8. Exercise sound, independent judgment within general policy guidelines.
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MINIMUM QUALIFICATIONS:
A TYPICAL WAY OF GAINING THE KNOWLEDGE AND ABILITIES IS:
Graduation from a four-year college or university with major coursework in Business or Public Administration, Health Care or Hospital Administration, Public Health Administration or a closely related field. Six (6) years of progressively responsible experience in public administration, health care management, or community development. At least four (4) years of this experience must have been at a managerial level, which included state and federally funded services; policy formation; program planning, development and implementation; and budget and personnel management. A Master's Degree in the fields noted above and experience with citizen-participation based planning efforts, citizen boards and commissions, and state and federal grant administration are highly desirable.
OTHER REQUIREMENTS
Must be able to travel to various locations within and outside the City of Berkeley to meet the program needs and to fulfill the job responsibilities. When driving on City business, the incumbent is required to maintain a valid California driver's license as well as a satisfactory driving record. Must be able to attend evening or weekend meetings and events, as required.
If acting as City Health Officer, in addition to the qualifications outlined in the section above, must possess a valid license as a Physician and Surgeon issued by the State of California, and a current California certificate to supervise physician assistants. A Master's Degree in Public Health and Board Certification in a Medical Specialty relevant to public health are desirable.
SPECIAL STATUS
This classification is excluded from the career service by Berkeley Municipal Code 4.04.120 and the incumbent will be an at-will employee.
CLASSIFICATION HISTORY:
Director of Health, Housing and Community Services
Classification Code 1113
Classification Established 2/2012
Revised 1/2022
FLSA Status Exempt
Administrative Leave / Overtime Administrative Leave
Representation Unit Z1
Probationary Period N/A
Workers’ Compensation Code 8810
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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.cityofberkeley.info/manager
CONSENT CALENDAR
January 18, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Commission Reorganization: Creating the Environment and Climate Commission
RECOMMENDATION
1. Adopt an Ordinance repealing and re-enacting Berkeley Municipal Code Chapter
3.40 (formerly Zero Waste Commission) to create the Environment and Climate Commission (ECC),
2. Adopt a Resolution rescinding Resolution No. 55,661-N.S., establishing the Berkeley Energy Commission, and Resolution 58,997-N.S., establishing the Community Environmental Advisory Commission.
FISCAL IMPACTS OF RECOMMENDATION
No direct fiscal impacts, but this reorganization is designed to reduce staff time dedicated to commission secretary activities and increase efficiency by consolidating three commissions into one.
CURRENT SITUATION AND ITS EFFECTS
At a Special Meeting on June 15, 2021, the City Council referred to the City Manager and City Attorney the reorganization of certain existing City commissions. Council asked staff to develop recommendations for the transition and effective dates of the newly consolidated commissions and return to Council with proposed changes to enabling legislation. This report and ordinance address the portion of the reorganization referral to consolidate the Energy Commission, Zero Waste Commission and the Community Environmental Advisory Commission (CEAC) into a new commission called the Environment and Climate Commission.
Integration of the three commissions that focus on energy and climate action (Energy Commission), pollution prevention and hazardous materials management (CEAC) and most efficient use of materials and waste reduction (Zero Waste) into one commission will enhance interdepartmental collaboration and help create coordinated programs and policies related to the environment and climate.
Staff met with all three commissions to discuss the consolidation and proposed functions of the new commission and the proposed timeline and implementation plan for 2022.
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Commission Reorganization: CONSENT CALENDAR
Creating the Climate and Environment Commission January 18, 2022 2 January
Enabling legislation for new Environment and Climate Commission considered by Council
March
The three existing commissions complete their regularly-scheduled meetings Current commission appointments expire
Councilmembers appoint nine (9) commissioners to new commission April
New Environment and Climate Commission will begin to meet on a schedule which will include 10 meetings per calendar year
The proposed enabling legislation includes a provision that all prior service on the commissions now being consolidated count toward the eight-year limit of service. A body of nine commissioners meeting monthly will allow meaningful participation by all appointees while achieving the staff efficiencies intended by the referral.
As written in the proposed ordinance, the function of the new commission would be:
The Environment and Climate Commission shall be an advisory board and shall review and advise the City Council on matters related to emerging issues, policies, projects, programs, planning efforts, activities, and funding of environmental sustainability and climate change mitigation, adaptation and resilience including:
Achieve zero waste and promote circular economy
Advance green buildings and resource efficiency
Decarbonize buildings and transportation
Engage and educate the community
Protect animal welfare
Reduce greenhouse gas emissions
Reduce toxics and prevent pollution
Support environmental justice
BACKGROUND
As described in the report to Council on June 15, 2021, Commissions provide an important mechanism for residents to shape public policy and provide input on City business. However, the City of Berkeley maintains far more commissions than other cities of similar size, with a significant investment of City resources to staff all 37 commissions. Some commission secretaries report spending upwards of 20+ hours per week on commission business, which takes valuable time away from addressing other pressing City priorities. The local public health emergency created by the global COVID- 19 pandemic has required City staff to shift to new roles and maintain an Emergency Operations Center since January 2020; recovery from the pandemic will continue to demand the full attention of our City staff for the foreseeable future. Given the
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Commission Reorganization: CONSENT CALENDAR
Creating the Climate and Environment Commission January 18, 2022 3 uncertainties that the City faces in recovering from the COVID-19 pandemic and the demands that this recovery places on City staff, Council deemed it an appropriate time to consider how best to consolidate commissions in a manner that helps the City to achieve its core mission.
Each of the affected current commissions provided feedback that was considered in the development of the functions for the CEE.
The Zero Waste Commission provided extensive feedback, including criteria for service, definitions, goals, and detailed functions. The complete recommendations (see Attachment 2) were unanimously approved at the Commission’s October 25, 2021 regular meeting. [Motion/Second: de Tournay/Poliwka. Ayes: de Tournay, Poliwka, Sherman, Doughty, Schueler, Curtis, Ulakovic; Noes: None. Abstain: None. Absent: Stein, Grubb.] Staff did not include in the ordinance proposed for adoption with this item ZWC’s complete list of recommended functions specific to zero waste policy, instead providing a more general description consistent with those provided for all functional areas. Staff incorporated a modified version of the recommended service criteria for Commissioner appointments to minimize administrative and logistical challenges for staff and Councilmembers.
CEAC offered a number of suggestions to staff regarding consolidation and functions for the new commission. Among them, staff was able to incorporate the addition of public outreach to functions section of ordinance and the inclusion of suggested backgrounds for appointed commissioners.
At its meeting November 10, 2021, CEAC unanimously approved a motion to send its recommendations for commission reorganization to the City Council. [Motion/Second: Hetzel/Gould. Ayes: Simmons, Varnhagen, LaBonte, Guo, Hetzel, De Leon, Gould. Noes: None. Abstain: None. Absent: None.] Those recommendations, framed as a Commission report and draft ordinance, are included as Attachment 3 to this staff report.
Energy Commission offered a number of suggestions. At its meeting on December 1, 2021, the Commission unanimously voted to support a recommendation to specify expertise and commitment for appointees, specifically, “City Council shall appoint representatives with appropriate expertise and demonstrated commitment to the areas outlined in the functions section.” [Motion/second: Wolf/Gil. Ayes: de Tournay Birkhahn, Paulos, Leger, Moore, Guliasi, Gil, Zuckerman. Noes: None. Abstain: None. Absent: None.] This language is included in staff’s proposed ordinance.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The consolidation of the three commissions into one focusing on Environment and Climate will facilitate the development of integrated environmental programs and
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Commission Reorganization: CONSENT CALENDAR
Creating the Climate and Environment Commission January 18, 2022 4 policies and support interdepartmental collaboration that will help the City meet climate goals.
RATIONALE FOR RECOMMENDATION
Commission consolidation will reduce staff time dedicated to commission secretary activities, freeing up time to be allocated to implementation of Council referrals and strategic plan priority projects. The consolidation of these commissions into one will also place an emphasis on integrated environmental policies and programs.
CONTACT PERSON
Billi Romain, Manager, Office of Energy & Sustainable Development, Planning Department, 510-981-9732
Attachments:
1: Ordinance
2. Resolution
3: Recommendations from Zero Waste Commission
4: Recommendations from CEAC
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ORDINACE NO. -N.S
REPEALING AND RE-ENACTING BERKELEY MUNICIPAL CODE CHAPTER 3.40
CREATING THE ENVIRONMENT AND CLIMATE COMMISSION
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That Berkeley Municipal Code Chapter 3.40 is repealed and re-enacted to read as follows:
ENVIRONMENT AND CLIMATE COMMISSION
Sections:
3.40.010 Established--Membership--Appointment.
3.40.020 Council representatives – Functions.
3.40.030 Organization, meetings, rules and procedures.
3.40.040 Functions.
3.40.010 Established--Membership--Appointment.
A. An Environment and Climate Commission is established. The commission shall consist of nine members. Appointments to the commission shall be made, and vacancies on the commission shall be filled, in accordance with the provisions of Sections 2.04.030 through 2.04.130. City Council shall appoint representatives with appropriate expertise and demonstrated commitment to the areas outlined in the functions section 3.04.40.
B. For purposes of determining term limits under Section 3.02.040, a commissioner’s service on the Zero Waste Commission, the Energy Commission or the Community Environmental Advisory Commission shall be counted toward their service upon their appointment to the Environment and Climate Commission.
3.40.020 Council representative as commission liaison.
The City Council may appoint one of its members to act as a non-voting, uncompensated liaison representative to the Environment and Climate Commission.
The functions of such liaison representatives are:
A. To attend meetings of said commission;
B. To advise the Council of the background, reasons and rationale behind decisions and recommendations of said commission; and
C. On request of any member of said commission, to advise the commission of policies, procedures and decisions of the council that may bear on matters under discussion by the commission.
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3.40.030 Organization, meetings, rules and procedures.
A. The commission annually shall elect one of its members as the chairperson and one of its members as the vice-chairperson. One or more officers or employees of the City designated by the City Manager shall serve as secretary of the commission.
B. The commission shall establish a regular place and time for meeting. All meetings shall be noticed as required by law and shall be scheduled in a way to allow for maximum input from the public. The frequency of commission meetings shall be as determined by City Council Resolution. The scheduling of special meetings in addition to those established by City Council resolution, except special meetings that take the place of cancelled regular meetings, shall be subject to approval by the City Council. A request for a special meeting shall include the reason for the proposed meeting and should be expedited on the City Council’s agenda, or in the alternative, placed before the Agenda Committee for approval.
C. The commission may make and alter rules governing its organization and procedures which are consistent with this Chapter or any other applicable ordinance of the City.
D. A majority of the members appointed to the commission shall constitute a quorum and the affirmative vote of a majority of the members appointed is required to take any action.
E. The commission shall keep an accurate record of its proceedings and transactions.
3.40.040 Functions.
A. The Environment and Climate Commission shall be an advisory board and shall review and advise the City Council on matters related to emerging issues, policies, projects, programs, planning efforts, activities, and funding of environmental sustainability and climate change mitigation, adaptation and resilience. Its scope will include work to advance the goals of achieving zero waste and promoting circular economy; advancing green buildings and resource efficiency; decarbonizing buildings and transportation; engaging and educating the community; protecting animal welfare; reducing greenhouse gas emissions; reducing toxics and preventing pollution; and supporting environmental justice
B. Environment and Climate Commission shall have the authority to adopt the minutes of the final meetings of the Zero Waste Commission, the Energy Commission and the Community Environmental Advisory Commission.
Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of Council Chambers, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed
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at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.
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RESOLUTION NO. ##,###-N.S.
RESCINDING RESOLUTION NO. 55,661-N.S., ESTABLISHING THE BERKELEY ENERGY COMMISSION, AND RESOLUTION 58,997-N.S., ESTABLISHING THE COMMUNITY ENVIRONMENTAL ADVISORY COMMISSION.
WHEREAS, on June 15, 2021 the City Council directed staff and the City Attorney to bring forward actions to consolidate certain existing City Boards and Commissions; and WHEREAS, the Council asked that Berkeley’s existing Zero Waste Commission, Energy Commission, and Community Environmental Advisory Commission be consolidated into one new body; and
WHEREAS, on November 27, 1990 the City Council adopted Resolution 55,661-N.S. which established the Berkeley Energy Commission; and
WHEREAS, on June 3, 1997 the City Council adopted Resolution 58,997-N.S. which established the Community Environmental Advisory Commission; and WHEREAS, on January 18, 2022 staff brought forward an Ordinance to amend BMC Chapter 3.40 to replace the previous Zero Waste Commission with a new Environment and Climate Commission, and to also encompass the scopes of work previously under the Energy Commission and Community Environmental Advisory Commission.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Resolution No. 55,661-N.S., which established the Berkeley Energy Commission, and Resolution 58,997-N.S., which established the Community Environmental Advisory Commission, are hereby rescinded.
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ATTACHMENT 3
Enabling Language for the Successor Commission
to the Zero Waste Commission
Section 1: Criteria for Service
1. Three members of the successor commission shall have at least two years (or full-time equivalent basis) of professional experience in waste reduction, reuse/repair, recycling, composting, and/or waste management.
Section 2: “Zero Waste” shall be defined as follows:
A. The conservation of all resources by means of responsible production, consumption, reuse, and recovery of products, packaging, and materials without burning and with no discharges to land, water, or air that threaten the environment or human health.
B. The zero waste approach seeks to minimize waste and reduce the use of natural resources and energy by ensuring that products and packaging are made to be reused, repaired or recycled back into nature or the marketplace.
C. Zero waste is a philosophy and design framework that promotes reuse, recycling, and conservation programs. More importantly, this framework emphasizes sustainability by considering the entire life cycle of products, processes, and systems. Zero waste does not mean blind pursuit of zero waste to landfills without attention to instances in which such pursuit inadvertently causes greater harm to land, water, air, or climate than landfilling small amounts of waste.
This comprehensive systems approach promotes waste prevention by:
Having products and packaging designed for the environment, Reducing the materials used in products and packaging, Using less toxic, more benign materials in production and manufacturing, in alignment with the precautionary principle,
Providing longer product lives by developing more durable products, and Having products that are repairable and easily disassembled at the end of their useful life.
D. The hierarchy of zero waste approaches is set forth below:
a. Re-think/Re-design
b. Reduce
c. Reuse/Repair
d. Recycle/Compost
e. Materials Recovery
f. Residuals Management
g. Unacceptable
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2 [EDITOR’S NOTE: UNLESS THERE ARE REASONABLE OBJECTIONS, WE PROVIDE THE LONGER VERSION OF (D) HERE]
E. The hierarchy of zero waste approaches is set forth below:
Rethink / Redesign
Design and purchase products from reused, recycled or sustainably-harvested renewable, non-toxic materials to be durable, repairable, reusable, fully recyclable or compostable, and easily disassembled
Shift funds and financial incentives to support a circular economy, with greater economic and social equity and justice, over the harvesting and use of virgin natural resources Enact new incentives for cyclical use of materials, and disincentives for wasting Facilitate change in how end users’ needs are met from “ownership” of goods to “shared” goods and provision of services
Support and expand systems where product manufacturing considers the full life-cycle of their product in a way that follows the Zero Waste Hierarchy and moves towards more sustainable products and processes. Producers take back their products and packaging in a system that follows the Zero Waste Hierarchy.
Identify and phase out materials that cause problems for closed loop systems. Facilitate and implement policies and systems to encourage and support local economies, with greater economic and social equity and justice
Re-consider purchasing needs and look for alternatives to product ownership Provide information to allow for informed decision-making Be aware of and discourage systems that drive needless consumption Reduce
Plan consumption and purchase of perishables to minimize discards due to spoilage and non-consumption
Implement sustainable purchasing that supports social and environmental objectives as well as local markets where possible
Minimize quantity and toxicity of materials used, following the precautionary principle Minimize ecological footprint required for product, product use, and service provision Choose products that maximize the usable lifespan and opportunities for continuous reuse Choose products that are made from easily recycled materials Prioritize the use of edible food for people
Prioritize the use of edible food for animals
Reuse / Repair
Maximize reuse of materials and products
Maintain, repair or refurbish to retain value, usefulness and function Remanufacture with disassembled parts; dismantle and conserve “spare” parts for repairing and maintaining products still in use
Repurpose products for alternative uses
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3 Recycle / Compost
Support and expand systems to keep materials in their original product loop and to protect the full usefulness of the materials
Maintain diversion systems that allow for the highest and best use of materials, including organics
Recycle and use materials for as high a purpose as possible Develop resilient local markets and uses for collected materials wherever possible Provide incentives to create clean flows of compost and recycling feedstock Support and expand composting as close to the generator as possible (prioritizing home or on site or local composting wherever possible)
Whenever home/decentralized composting is not possible, consider industrial composting, or if local conditions require or allow, anaerobic digestion Material Recovery
Maximize materials recovery from mixed discards and research purposes after extensive source separation
If conditions allow, recover energy using only systems that operate at biological temperature and pressure
Residuals Management
Examine materials that remain and use this information to refine the systems to rethink, reduce, reuse, and recycle in order to prevent further discards Ensure minimization of impacts by means of biological stabilization of fermentable materials.
Encourage the preservation of resources and discourage their destructive disposal or dispersal
Plan systems and infrastructure to be adjusted as discards are reduced and its composition changes
Minimize gas production and release and maximize gas collection Use existing landfill capacity and maximize its lifespan. Ensure it is responsibly managed Contain and control toxic residuals for responsible management Unacceptable
Do not support policies and systems that encourage the destructive disposal of organics and/or the destruction of recyclables
Do not support energy and destructive disposal systems that are dependent upon the continued production of discards
Do not allow the incineration of discards
Do not allow toxic residuals into consumer products or building materials
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4 Section 3: In support of the City’s zero waste goals, policies, programs, and infrastructure, the successor commission shall:
A. Receive and review monthly reports concerning zero waste issues submitted by zero waste staff.
B. Provide thought leadership, advocacy, and public engagement regarding zero waste.
C. Develop and periodically update strategic plan, regularly review plan progress, prioritize and refine strategies as needed, and, make recommendations on an ongoing basis to the City Council concerning:
i. Zero waste education and outreach;
ii. Zero waste goals, both interim and long-term; in order to meet or exceed State of California and Alameda County requirements, such goals shall include, at minimum:
a. Reduction in per capita waste generation (weight basis) of 20% by 2032 over baseline of 2022
b. Increase in local employment in reuse/repair/upcycling businesses and enterprises by 20% by 2032 over baseline of 2022
c. Increase landfill diversion from residential sector to 75% by 2027 d. Increase landfill diversion from commercial sector to 85% by 2027 e. Increase landfill diversion from City government to 85% by 2027 iii. Zero waste policy regarding:
f. Infrastructure ownership, operations, and services
g. Capital and operations financing and rate setting
h. Alignment of funding for materials collection and processing, including reusables/repairables, recyclables, compostables, and residuals (to landfill), with the zero waste hierarchy
i. Materials collection requirements
j. Enforcement
iv. Zero waste program staffing levels and needs
v. Evaluation of the proper and most effective departmental roles and responsibilities, specifically regarding the appropriateness of continuing to burden the Public Works Department with carrying out tasks beyond its core mission and competency, namely, a. changing the purchasing and discard behavior of residents and businesses, b. formulating policy regarding product and packaging restrictions, c. applying pressure and influence further upstream in the extraction, production, and distribution supply chain to reduce greenhouse gases, and d. linking materials management with stimulation of local economic development and social capital.
As such, at least every five years evaluate whether these areas of responsibility should be housed in a department of the environment, office of sustainability, economic development department, energy and resource conservation office, or other department.
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ATTACHMENT 4
Community Environmental Advisory Commission
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 To: Berkeley City Council
From: Mitchelle De Leon, Chairperson, Community Environmental Advisory Commission (CEAC)
Ben Gould, Vice Chair, CEAC
Fred Hetzel, Commissioner, CEAC
Subject: Recommendations for commission reorganization - Environment and Climate Commission
RECOMMENDATION
Consider the attached draft ordinance as language for the new Environment and Climate Commission (ECC), and recommend that Council adopt updates to Resolution No. 68,705-N.S. to classify the ECC as a Category A commission, able to meet on its own schedule, for the first year of operation, with review after 12 months.
BACKGROUND
In February 2020, CEAC adopted a recommendation to City Council to update the mission and purpose of the Commission to better align with the work CEAC commissioners have been doing for the past 7+ years – a broad range of pollution management, climate mitigation, green infrastructure, and environmental justice work.
With the Covid-19 pandemic, adoption of the recommendation was postponed, and City Council subsequently directed staff to merge CEAC with the Energy and Zero Waste Commissions into a new Environment and Climate Commission.
CEAC commissioners’ work in developing this earlier language aligns well with the overall scope and mission of the new ECC. This draft ordinance uses the broadly encompassing language developed originally by CEAC, and adds the core responsibilities of the Zero Waste and Energy commissions.
RATIONALE FOR RECOMMENDATION
The City of Berkeley currently benefits from a diversity of commissions dedicated to environmental issues, including the Energy Commission, which addresses energy and climate protection; the Zero Waste Commission, which addresses waste and materials management; and the Community Environmental Advisory Commission (CEAC), which, officially, addresses pollution prevention and hazardous materials management. In addition, the City of Berkeley has a Transportation Commission, which addresses transportation including public transit and shared mobility.
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CEAC Recommendations for Commission reorganization:
Environment and Climate Commission
However, the City of Berkeley has lacked a commission dedicated to addressing holistic sustainability, climate adaptation, and environmental justice issues. Over the past decade, CEAC has taken on that role, considering such range of topics as fire safety resiliency, equitable access to environmental health information, green stormwater infrastructure, local biodiversity, sustainable transportation, green buildings, and more.
CEAC has successfully developed effective recommendations for Council in those areas, playing a leadership role in kick-starting Berkeley’s efforts to move to gas-free new construction, supporting the expansion of free-floating car sharing in Berkeley, proposing new bird-safe building standards, and more.
CEAC’s proposed ordinance incorporates the mission-critical aspects into the scope of the new ECC. CEAC’s current scope includes the prevention of pollution; air, water, and soil quality; hazardous chemicals and toxics management; and outreach to, and education of, the public, small businesses, and industry about topics under its scope.
CEAC’s proposed expanded scope would add climate change mitigation, adaptation, and resiliency; environmental justice and health; green buildings, energy and water conservation and efficiency; stormwater management; and ecosystems, agroecology, biodiversity, green space, and wildlife.
Under the updated ECC proposal, new elements are added to incorporate the responsibilities brought from the Zero Waste and Energy commissions. These include:
zero-carbon and renewable energy; zero-emission transportation; and zero waste, including the reduction, reuse, recycling, and composting of materials. Other elements of Zero Waste and Energy commissions, such as preventing pollution (through prevention of waste generation in the first place) and energy efficiency, are incorporated into some of the earlier language developed above.
The scope of ECC’s outreach is expanded to incorporate all the responsibilities of the ECC, helping the new commission continue to play an important role in public engagement and input on the city’s climate and environmental initiatives. This public engagement includes serving the City Manager in an advisory capacity in the development of policy, project, or programmatic proposals substantially related to climate or the environment, as well as reviewing and providing comments on staff progress reports on the implementation of such policies, projects, or programs.
CEAC’s ability to address this wide range of topics has benefitted from Councilmembers appointing an interdisciplinary, intersectional, and diverse range of experts and community leaders to leverage their combined expertise. With the new combined commission and expanded scope, the commission is in even greater need of an even wider diversity of backgrounds. However, at the same time, with such a large scope it is also critical that the commission be fully appointed as much as possible. In order to balance these competing needs, section 3.40.060 of this proposed ordinance suggests Councilmembers consider, but not require, individuals with specific backgrounds in a list of topics (encompassing the full scope of the ECC’s responsibilities), in order to help
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CEAC Recommendations for Commission reorganization:
Environment and Climate Commission
guide Councilmembers towards diverse appointments without risking prolonged vacancies due to challenges recruiting qualified applicants with specific expertise.
Lastly, given the scope of the commission, we recommend allowing the commission initial flexibility in experimenting with meeting frequency, subcommittees, and other structural approaches to meeting its expansive responsibilities. Resolution No. 68,705- N.S. establishes meeting limits for city commissions; to give ECC the opportunity to determine what meeting frequency works best for fulfilling its responsibilities, we suggest making it a Category A commission with the ability to meet on its own schedule, subject to review after one year to determine whether an expanded meeting schedule is required (in contrast to the 10 meetings/year restriction currently imposed on each of CEAC, Energy, and Zero Waste commissions).
CONTACT PERSON
Mitchelle De Leon, Chair, Community Environmental Advisory Commission Attachments:
1: Ordinance No. XX,XXX-N.S. Amending BMC Title 3 to replace the Zero Waste Commission with the Environment and Climate Commission.
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ORDINANCE NO. -N.S.
AMENDING BERKELEY MUNICIPAL CODE TITLE 3 TO REPEAL AND REPLACE
THE ZERO WASTE COMMISSION WITH THE ENVIRONMENT AND CLIMATE
COMMISSION
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That the Berkeley Municipal Code Chapter 3.40 is added to read as follows:
Chapter 3.40
ENVIRONMENT AND CLIMATE COMMISSION
Sections:
3.40.010 Established – Number of members – Appointment procedure
3.40.020 Council liaison representative
3.40.030 Commission liaison representative
3.40.040 Officers, meetings, and procedures
3.40.050 Functions
3.40.060 Membership – criteria for guiding appointments
3.40.010 Established
A Environment and Climate Commission is established. The commission shall consist of nine members. Appointments to the commission shall be made by councilmembers and vacancies on the commission shall be filled by councilmembers in accordance with the provisions of Sections 2.04.030 through 2.04.130, enacted as Ordinance 4780-NS by the voters of the City.
3.40.020 Council liaison representative
The City Council may appoint one of its members to act as a liaison representative to the commission. The functions of such liaison representative are:
A. To attend the meetings of the commission;
B. To advise the Council of the background, reasons and rational behind decisions and recommendations of said commission; and
C. On request of any member of the commission, to advise the commission of policies, procedures and decisions of the council that may bear on matters under discussion by the commission. The council liaison representative shall have no power to vote and shall receive no additional compensation. (Ord. 4576-NS § 6, 1972)
3.40.030 Commission liaison representative
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CEAC Recommendations for Commission reorganization:
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The Commission may designate one of its members to act as a liaison representative to any other board, commission, or committee of the City. Liaisons may:
A. Attend meetings of such other board, commission, or committee; B. Advise the Commission of the actions and reasons behind those actions of such other board, commission, or committee; and
C. Advise such other board, commission, or committee as to the decisions, discussions, and proposals of the Commission; and
D. Establish collaborative efforts with such other board, commission, or committee in developing plans, strategies, proposals, and recommendations.
3.40.040 Officers, meetings, procedures
A. The Commission shall elect one of its members as Chair and one of its members as Vice-Chair who shall hold office for one year and until their successors are elected unless their terms as a member of the Commission expire sooner. The Chair and Vice-Chair shall be elected at the first business meeting of the Commission, and on an annual basis thereafter.
B. One or more officers or employees of the City, involved in the implementation of the City’s climate or environmental programs, shall be designated by the City Manager as Secretary of the Commission.
C. The commission shall establish a regular place and time for meeting. All meetings shall be noticed as required by law and shall be scheduled in a way to allow for maximum input from the public. The frequency of meetings shall be as determined by City Council resolution.
D. The Commission may make and alter rules governing its organization and procedures which are not inconsistent with this or any other applicable resolution or ordinance of the City, or other provision of law.
E. A majority of Commission members actually appointed shall constitute a quorum.
An affirmative vote of the majority of members present at a regularly called meeting shall be required to take action. The commission secretary shall keep an accurate record of its proceedings and transactions. The commission shall submit an annual report to the City Council with a copy to the City Manager.
3.40.050 Functions
The functions of the Commission shall be as follows:
A. Develop plans, prioritize strategies, and make recommendations to the City Manager and City Council for addressing:
1. Climate change mitigation, adaptation, and resiliency; and
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CEAC Recommendations for Commission reorganization:
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2. Environmental justice and health; and
3. Green buildings, energy and water conservation, and efficiency;
4. Zero-carbon and renewable energy; and
5. Zero-emission transportation; and
6. Equitable access to clean energy and transportation technologies; and
7. Zero waste, including the reduction, reuse, recycling, and composting of materials; and
8. The prevention of pollution; and
9. Air, water, and soil quality; and
10.Stormwater management; and
11.Ecosystems, agroecology, biodiversity, green space, and wildlife; and
12.Hazardous chemicals and toxic materials; and
13.Outreach to, and education of, the public, small businesses, and industry about environmental, sustainability, and climate issues and initiatives.
B. Collaborate with other commissions on the development of plans, strategies, proposals, and recommendations to the City Manager and City Council.
C. Provide for citizen input in the development of and implementation of the City’s climate and environmental programs through:
1. Act in an advisory capacity to the City Manager on all proposed policies, projects, or programs, including land use and other policy or infrastructure proposals, that have the potential to substantially impact pollution, energy, waste, water, environmental health, environmental justice, climate adaptation, or resiliency.
2. Review and comment on staff progress reports on the implementation of policies, projects, or programs related to climate or environmental efforts, including inspection activities of the major generators of hazardous waste and pollution.
D. Maintain active communication and participation with local communities and institutions, including but not limited to UC Berkeley, Lawrence Berkeley National Laboratory, UC Berkeley student organizations, Bayer, labor organizations, and local nonprofit organizations, on environmental and sustainability issues and initiatives.
E. Work with City staff to implement the provisions of this Section.
F. Receive and review quarterly reports concerning hazardous material and waste issues submitted by the City Manager.
G. Make recommendations to Council for new regulations, programs, or ordinances; conduct other activities as determined by the Commission membership consistent with the Commission’s quasi-legislative duties.
3.40.060 Membership – Criteria for guiding appointments
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CEAC Recommendations for Commission reorganization:
Environment and Climate Commission
A. Each Councilmember shall appoint one member of the Environment and Climate Commission, in accordance with Ordinance No. 4780-N.S.
B. The following desirable criteria may guide, but not restrict, councilmembers in making appointments:
1. Experience in environmental justice
2. Experience in climate change mitigation, adaptation, and/or resiliency
3. Experience in renewable energy
4. Experience in zero waste
5. Experience in water management
6. Experience in ecology or biodiversity
7. Experience in green buildings
8. Experience in toxic / hazardous waste or pollution management
9. Experience in sustainable transportation
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Rashi Kesarwani
Councilmember District 1
CONSENT CALENDAR
January 18, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Councilmember Rashi Kesarwani (Author), Mayor Arreguin (Co- Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Robinson (Co-Sponsor)
SUBJECT: Referral to the City Manager to Establish a Marina Master Plan for Parking with a Consideration for Establishing a Waterfront Parking Benefits District
RECOMMENDATION
Refer to the City Manager to create a Berkeley Marina Master Plan for Parking with a goal of introducing demand-based paid parking in certain areas of the waterfront as appropriate. Further, refer consideration of a Parking Benefits District (PBD) at the waterfront as a means of reinvesting net parking revenues within this area to provide a dedicated funding source for the troubled Marina Fund.
Considerations for a Marina Master Plan for Parking should include:
● Conducting robust outreach to marina stakeholders in order to: gather feedback about parking needs, communicating benefits of establishing a Parking Benefits District to maintaining and upgrading marina infrastructure, and other issues as appropriate;
● Preparing a preliminary fiscal analysis for possible implementation, including projected revenues and expenditures;
● Determining types of pay stations most appropriate for this area in addition to payment schedules, such as hourly, day passes, and/or frequent user/employee permits.
CURRENT SITUATION AND ITS EFFECTS
While the Berkeley Marina is a beloved amenity with a high volume of users ranging from water sports enthusiasts to birders, dog-walkers and Adventure Playground goers, its infrastructure is failing with capital waterfront expenditure needs exceeding
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2 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● Fax: (510) 981-7111 E-Mail: [email protected]
$100 million.1 Years of deferred maintenance has resulted in current outsized needs.
The Berkeley Pier is dilapidated and closed to users due to unsafe conditions. Pilings need replacing, finger docks and larger docks are in disrepair, parking lots need complete replacement and both the northern and southern entrances to the main Berkeley Marina area are in need of dredging.2 While the City has been addressing some of the most significant needs over time by using various funding sources including grants, loans, and Measure T1 funds, there is currently no available dedicated funding source equipped to address the array of needs. The Marina Fund, the City’s mechanism for managing all waterfront revenues and expenditures, was already struggling with a structural deficit before the pandemic. Since the start of Covid, all reserves have been drawn down exacerbating the dire fiscal circumstances.3 Improvements are needed to retain the businesses and berth renters whose payments help support the Marina Fund.
Efforts to improve the Marina for all users and address the precarious condition of the Marina Fund have been several years in the making. As early as spring 2018, City staff reported to Council on the fiscal concerns at the Marina and with the supporting Marina Fund.4 At that time and to this day, these concerns focus on both infrastructure and security needs. As Marina parking lots saw an increase in car break-ins and vandalism on top of the docks’ disrepair, berth renters began leaving the Marina resulting in less rental fees supporting the Marina Fund. The Berkeley Marina Area Specific Plan (BMASP) Project was initiated with the goal of providing “a path for achieving a financially self-sustainable publicly owned marina that preserves and enhances infrastructure to support current and future community needs, while adapting to climate change and promoting environmental stewardship.”5 This process is well underway with consultants having been hired to assist with conceptual studies, designs and community outreach efforts that will extend into 2022.
Concurrent to the BMASP process, the Berkeley Municipal Pier-Ferry Project has been investigating the feasibility of adding a dedicated high-capacity all-electric ferry service between Berkeley and San Francisco as an alternate form of public transit.
Such a move would result in upgrades and improvements to the Berkeley Pier while making the Marina accessible for a wide range of users, both of which could potentially increase revenues into the Marina Fund.
During the September 23, 2021 Budget and Finance Committee meeting, members discussed a policy proposal to allocate revenues generated by the transient 1 See the January 28, 2021 Berkeley Marina Area Specific Plan Community Workshop #1 slide presentation, p. 5
2 See Councilmember Taplin’s item #37 on the October 26, 2021 council agenda: Letter to Senate Budget Committee Chair Sen. Skinner Regarding Berkeley Pier, Supplemental 2 Materials, attached 3 See the Fiscal year 2022 Budget for Parks, Recreation and Waterfront Department slide presentation to the Budget and Finance Committee.
4 See the April 12, 2018 Marina Fund Update
5 See M BMASP Community Workshop #1, op. cit.
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3 2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● Fax: (510) 981-7111 E-Mail: [email protected]
occupancy tax from the Marina hotels to the Marina Fund to help rebuild its fund balance, an idea put forward by the Parks and Waterfront Commission. While the policy committee members voted to send the item to Council with a negative recommendation, they also requested a referral to dedicate policy committee time to discuss alternate revenue streams for the Marina Fund to address the lack of reserves.6 There is a widely acknowledged urgent need to establish revenue streams to build back reserves for the Marina Fund. The Marina, a hidden gem in Berkeley with a high volume of users, needs additional help.
BACKGROUND
During the March 23, 2021 City Council meeting, Councilmembers Bartlett and Kesarwani’s item number 9: Establish a Parking Benefits District (PBD) in the Adeline Corridor and Fiscal Year 2022 Budget Referral, Supplemental Packet 1 (attached) was unanimously passed on consent as amended and later funded through the FY 2022 budget process. The requested funds are to support hiring a consultant to assist in the formation of a Parking Benefits District. Parking Benefits Districts7 spend meter revenue for public services and improvements within the metered areas. They are defined geographical areas typically located in commercial districts in which revenue generated from on-street and off-street parking facilities within the area is kept within the district to finance local improvements.8 Reinvesting the meter revenue back into the district helps build support among community members and businesses as the economic benefits of parking can fund specific improvements within the area.
A primary goal of PBDs is to effectively manage an area’s parking supply and demand, often using demand-based pricing, making parking convenient for drivers.9 In early fall of 2018, transportation consultants Nelson Nygaard submitted a summary of short-term recommendations for parking management at the marina waterfront.10 The consultants were hired to help manage parking demands created by the volume of users, some of whom parked all-day, all vying for parking spots in close proximity to key water sports locations, ferry services, slip holders’ berths, and restaurants.
One of the key proposed policy recommendations of this memorandum was to consider charging a $10 fee for users in need of all-day parking at the South Cove Lot, a centrally-located, high demand facility. With the potential of a ferry system for transport across the bay, and the revisioning of the marina to both achieve financial sustainability and support community usage and needs, the need for enhanced parking management in this area will certainly grow. Establishing a PBD at the marina could be a way to help manage parking supply and demand while creating a dedicated source of revenue for the Marina Fund.
6 See the September 23, 2021 annotate agenda for the Budget and Finance Policy Committee 7 See Donald Shoup’s Fall 2016 Access Magazine article: Parking Benefit Districts 8 See Newport Beach’s Commercial Parking Benefit District flyer 9 Op cit. Newport Beach’s Commercial Parking Benefit District flyer 10 See the September 7, 2018 Nelson Nygaard Memorandum: Revised Short-Term Recommendations for Waterfront Parking Management