Berkeley City Council
February 22, 2022

Tuesday, February 22, 2022 AGENDA Page 1
AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, February 22, 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/89664206619
. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 896 6420 6619. 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]
.

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, February 22, 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.

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 s peak 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, February 22, 2022 AGENDA Page 3

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of January 10 (special), January 18 (regular), January 20 (closed and special), January 25 (closed and regular), and January 27 (special).

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

2. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on February 22, 2022
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: $234,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

3. Expenditure Contract: Berkeley Youth Alternatives for Proposition 64 Grant- Proposed Work and Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an expenditure contract and any amendments or extensions with Berkeley Youth Alternatives (BYA) in an amount not to exceed $625,000 for the period March 1, 2022 through April 30, 2024.

Financial Implications: See report.

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

4. Contract No. 32000240 Amendment: Berkeley Unified School District (BUSD) for Mental Health MHSA-Funded Programs
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32000240 with Berkeley Unified School District (BUSD) to provide Mental Health Services Act (MHSA) funded programs in local schools through June 30, 2022 in an amount not to exceed $992,778. This amendment will add $355,000 in funding to the contract.

Financial Implications: See report.

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

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Tuesday, February 22, 2022 AGENDA Page 4

5. Revenue Contract: Department of Health Care Services for $1,000,000 for Crisis Care Mobile Units
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to accept an award of funding provided by the California Department of Health Care Services (DHCS) through the Crisis Care Mobile Units (CCMU) Program and execute any resultant revenue agreements and amendments to augment the City’s investment in piloting and evaluating a Specialized Care Unit (SCU) in an amount up to $1,000,000 through Fiscal Year 2025.

Financial Implications: See report.

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

6. Meals on Wheels of Alameda County Agency Donations for the Berkeley Meals on Wheels Program
From: City Manager
Recommendation: Adopt a Resolution accepting a $25,200 donation for the Berkeley Meals on Wheels Program from the Meals on Wheels of Alameda County (MOWAC) agency.

Financial Implications: See report.

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

7. Amending Berkeley Municipal Code Chapter 4.38, Supplementary Retirement and Income Plan II, to Permit Participation of Berkeley Fire Fighters Association Local 1227 I.A.F.F.

From: City Manager
Recommendation: Adopt first reading of an Ordinance to amend the Berkeley Municipal Code Chapter (BMC) 4.38, Supplementary Retirement and Income Plan II (SRIP II), to permit participation of Berkeley Fire Fighters Associations Local 1227 I.A.F.F (BFFA).

Financial Implications: See report.

Contact: Donald E. Ellison, Human Resources, (510) 981-6800

8. Grant Application: Clean California Local Grant Program – Civic Center Plaza Turtle Garden Beautification Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to the state’s Clean California Local Grant Program (CCLGP) for up to $600,000 for the Civic Center Park Turtle Garden Beautification Project, and to accept grant funds, execute resulting grant agreements and amendments, and authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

Financial Implications: See report.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

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Tuesday, February 22, 2022 AGENDA Page 5

9. Donation: Memorial Bench at Cesar Chavez Park in memory of Susan P.

Kwong
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Cesar Chavez Park in memory of Susan P. Kwong.

Financial Implications: $3,400 in revenue
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

10. Donation: Memorial Bench at the Berkeley Rose Garden in memory of Asia Blau Feese
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Rose Garden in memory of Asia Blau Feese.

Financial Implications: $3,400 in revenue
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

11. Donation: Memorial Bench at Cesar Chavez Park in memory of Anne Rogin Blau
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Cesar Chavez Park in memory of Anne Rogin Blau.

Financial Implications: $3,400 in revenue
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

12. Donation from the Rorick Family Trust for Strawberry Creek From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $16,720 for tree planting and picnic tables at Strawberry Creek Park from the Rorick Family Trust.

Financial Implications: $16,720 in revenue
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

13. Donation: Memorial Bench at Shorebird Park in memory of Key Slay From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Shorebird Park in memory of Key Slay.

Financial Implications: $3,400 in revenue
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

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Tuesday, February 22, 2022 AGENDA Page 6

14. Contracts for Plan Checking Services
From: City Manager
Recommendation: Adopt three Resolutions authorizing the City Manager to execute contracts and any amendments for plan checking services for three-year terms, starting March 1, 2022, with the following firms:

1. Telesis Engineers for an amount not to exceed $1,500,000

2. West Coast Code Consultants for an amount not to exceed $1,500,000

3. TRB and Associates for an amount not to exceed $1,000,000 Financial Implications: See report.

Contact: Jordan Klein, Planning and Development, (510) 981-7400

15. Contract: Cratus Inc., for Storm Drain Improvements Project: Marin Ave, Virginia Street, Grizzly Peak Blvd. & High Court
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for Storm Drain Improvements Project, Marin Avenue, Virginia Street, Grizzly Peak Boulevard& High Court, Specification No. 22-11482-C; accepting the bid of Cratus Inc., as the lowest responsive and responsible bidder; and authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications in an amount not to exceed $1,260,000, which includes a 15% contingency of $171,525.

Financial Implications: See report.

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

16. Contract: Cratus, Inc. for Sanitary Sewer Rehabilitation at Various Locations From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project, located on Tremont Street, Eton Avenue, Alcatraz Avenue, Mystic Street, Hazel Road, Domingo Road, El Camino Real, El Camino Real Backline, Alvarado Road, Vicente Road, Alvarado Road Backline, Tunnel Road, Roble Court, and Roble Road; accepting the bid of the lowest responsive and responsible bidder, Cratus, Inc.; and authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $2,590,468, which includes a 10% contingency of $235,497.

Financial Implications: See report.

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

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Tuesday, February 22, 2022 AGENDA Page 7

17. Contract: Cratus, Inc. for Sanitary Sewer Rehabilitation at Various Locations on Shattuck Avenue
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project, located on Shattuck Avenue from Derby Street to Allston Way and Shattuck Avenue from University Avenue to Vine Street; accepting the bid of the lowest responsive and responsible bidder, Cratus, Inc.; and authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $3,873,843, which includes a 10% contingency of $352,167.

Financial Implications: See report.

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

18. Contract: Koios Engineering, Inc. for Urgent Sewer Repair FY2022 Project From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Urgent Sewer Repair FY2022 Project, located throughout the City of Berkeley; accepting the bid of the lowest responsive and responsible bidder, Koios Engineering, Inc.; and authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $391,872, which includes a 10% contingency of $35,624.

Financial Implications: See report.

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

19. Contract No. 108090-1 Amendment: IPS Group, Inc. for Parking Meter From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 108090-1 with IPS Group, Inc. to provide parking meters, replacement parts, and support services, increasing the contract amount by an additional $1,891,415 for a total contract amount not to exceed $8,924,872 through June 30, 2024.

Financial Implications: See report.

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

Council Consent Items

20. Supporting the Agricultural Labor Relations Voting Choice Act From: Mayor Arreguin (Author), Councilmember Taplin (Co-Sponsor), Councilmember Harrison (Co-Sponsor)
Recommendation: Adopt a Resolution in support of the Agricultural Labor Relations Voting Choice Act. Send a copy of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, and Assemblymember Buffy Wicks.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
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Tuesday, February 22, 2022 AGENDA Page 8

21. Budget Referral: Channing Street Bike Boulevard Improvements From: Councilmember Taplin (Author)
Recommendation: That the City Council refers to the FY2023 budget process the funding of the following bicycle and pedestrian improvements along Channing Street:

1. Approx. $200,000 for four (4) Traffic Circles at Seventh Street, Ninth Street, Browning Street, and Bonar Street

2. Approx. $50,000 for one (1) Traffic Diverter at Tenth Street

3. Approx. $500,000 for two (2) Pedestrian Hybrid Beacons (PHB) at San Pablo Avenue and Sacramento Street

4. Approx. $70,000 for Rapid Rectangular Flashing Beacons (RRFB) and a median refuge island at Sixth and Channing Way
Financial Implications: See report.

Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

22. Streamlining Toxic Remediation in Manufacturing Districts (Reviewed by the Land Use, Housing & Economic Development Policy Committee) From: Councilmember Taplin (Author), Councilmember Hahn (Co-Sponsor) Councilmember Bartlett (Co-Sponsor), Mayor Arreguin (Co-Sponsor) Recommendation: Refer to the City Manager the development of a streamlined process that would allow for one application process, rather than separate application processes for the City’s Planning Department and the Toxics Division; and refer to the Planning Commission several amendments to the zoning code in order to facilitate toxic remediation in manufacturing districts; in addition, refer to expedite consideration of Councilmembers Wozniak and Moore’s 2012 referral to the Planning Commission referenced in Background section, and request it be moved forward as quickly as possible; in addition, refer to the City Manager to consider any and all means to streamline and/or improve the city’s processing of remediation of toxic sites.

Policy Committee Recommendation: On January 20, 2022, the Land Use, Housing & Economic Development Policy Committee took the following action: M/S/C (Hahn/Robinson) Positive recommendation to refer the item to Council as amended to expand the scope of the referral and specifically request expedited Planning Commission review of the previous 2012 referral.

Financial Implications: Staff time
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

23. Adopt a Resolution in Support of the California State Legislature Introducing and Passing a California Resident-Designated Support Person Act From: Councilmember Harrison (Author)
Recommendation: Adopt a resolution in support of the California State Legislature introducing and passing a Resident-Designated Support Person Act. Send copies of the resolution and letters to State Senator Skinner, Assemblymembers Wicks and Bonta.

Financial Implications: See report.

Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

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Tuesday, February 22, 2022 AGENDA Page 9

24. Budget Referral: South Sailing Basin Dredging
From: Councilmember Robinson (Author), Councilmember Taplin (Author), Councilmember Kesarwani (Author), Mayor Arreguin (Author) Recommendation: Refer to the City Manager to dredge the Berkeley Marina’s South Sailing Basin (SSB), including 1) pursuing and proposing potential funding opportunities for both planning and implementation, and 2) performing the necessary bathymetric, hydrography, technical, permitting, and mitigation studies required to move forward as quickly as possible.

Furthermore, refer $350,000 to the June 2022 budget process for the purposes of South Sailing Basin Dredging planning & evaluation.

Financial Implications: See report.

Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

25. Support for AB 1602: Student Housing Revolving Loan Fund Act From: Councilmember Robinson (Author), Councilmember Wengraf (Co- Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Harrison (Co-Sponsor)
Recommendation: Send a letter to Assemblymember Kevin McCarty, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of AB 1602, the California Student Housing Revolving Loan Fund Act of 2022.

Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

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 intere sted in speaking at that time.

Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker.

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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Tuesday, February 22, 2022 AGENDA Page 10

26. ZAB Appeal: 1527 Sacramento Street, Administrative Use Permit #ZP2020-0034 From: City Manager
Recommendation: Conduct a public hearing, and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Administrative Use Permit #ZP2020-0034 to: 1) add a 520 square-foot two-story addition with an average height of 21 feet 9 inches at the rear of the existing building; 2) add a major residential addition of more than 15 percent of the lot area, including 44 square feet at the first floor; 3) legalize the enclosure of the front porch in the non- conforming front setback; and 4) add an unenclosed hot tub, on a 2,783 square-foot lot that contains a one-story 824-square-foot single-family dwelling, and dismiss the appeal.

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

Action Calendar – New Business

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

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

27. Southside Complete Streets Project Conceptual Designs From: City Manager
Recommendation: Adopt a Resolution approving the conceptual designs for the Southside Complete Streets Project on Dana Street from Dwight Way to Bancroft Way; Bancroft Way from Milvia Street to Piedmont Avenue; Fulton Street from Dwight Way to Bancroft Way; and Telegraph Avenue from Dwight Way to Bancroft Way, and directing the City Manager to direct staff to proceed with the detailed engineering design of the project.

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

10 Action Calendar – New Business
Tuesday, February 22, 2022 AGENDA Page 11

28. Resolution Adopting the Resolution of Intention of Amendment to the Miscellaneous CalPERS Contract Pursuant to California Government Code 20516
From: City Manager
Recommendation: Adopt the Resolution of Intention in order to approve the amendment of the contract between the Board of Administration, California Public Employees’ Retirement System and the City Council for the City of Berkeley pursuant to California Government Code 20516 to effectuate changes to the cost sharing agreement between the City and PEPRA members of Service Employee International Union, Local 1021 Maintenance and Clerical (SEIU MC), Public Employees Union Local 1 (Local 1), Community Services & Part-Time Recreation Leaders Associations Local 1021 (SEIU CSU/PTRLA), and the Unrepresented Employees Group.

Council adopted Resolution #70,156-N.S. at its December 14, 2021 meeting authorizing an amendment to the City’s CalPERS Miscellaneous contract. Council must now pass a Resolution of Intention in order to approve the amendment to the contract between the City and the Board Administration of the Public Employees’ Retirement System
Financial Implications: See Report.

Contact: Don Ellison, Human Resources, (510) 981-6807

Information Reports

29. City Council Short Term Referral Process – Quarterly Update From: City Manager
Contact: Mark Numainville, City Clerk, (510) 981-6900

30. Age-Friendly Berkeley Update
From: City Manager
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

31. LPO NOD: 1325 Arch Street – Application LMSAP2021-0003 From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

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

33. 2021 Year End Crime and Collision Data
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900

Public Comment – Items Not Listed on the Agenda
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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.

Live captioned broadcasts of Council Meetings are available on Cable B-TV (Channel 33), via internet accessible video stream at http://www.cityofberkeley.info/CalendarEventWebcastMain.aspx

and KPFB Radio 89.3.

Archived indexed video streams are available at http://www.cityofberkeley.info/citycouncil.

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

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

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be posted on the City's website at http://www.cityofberkeley.info .

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.

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 February 10, 2022.

Mark Numainville, City Clerk

12 Tuesday, February 22, 2022 AGENDA Page 13
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.

Item #25: Support for AB 1602: Student Housing Revolving Loan Fund Act

1. Grayson Peters

2. Riya Master

3. Tomas Castro

4. Sammy Raucher

5. Stephanie Wong

6. Marisol Medina

7. Cerys Rotondo

8. Jalen Gooch

9. Kendalyn Smith

10. Samuel Groven

11. Jerry Xu

12. Avram Gur Arye

Item #27: Southside Complete Streets Project Conceptual Designs

13. Marc Hedlund

14. Carol Denney

City Management Not Being Truthful

15. Nathan Dahl

Plastic Bag Ordinance

16. Heather Phipps

Milvia Bike Infrastructure

17. Kendra Levine

18. Erika Shore (2)

4-Hour Parking Limits Near Gilman Street

19. Ryan Thomas on behalf of Bolt Lighting Rentals

Graffiti

20. David Lerman

Tenants Opportunity to Purchase Act (TOPA)

21. Elania Nanopoulos

22. Diana Bohn

23. Alan Thomsen

24. Donna Carter

Wood Burning
13 Tuesday, February 22, 2022 AGENDA Page 14

25. David Lerman

Keep Our Patrol Officers

26. Robin Kibby

Public Commenters

27. Barbara Gilbert

Housing Scarcity

28. Charles Clarke

Confederated Villages of Lisjan Tribe

29. Corrina Gould, Tribal Chair

Planning to Attend Meeting

30. Kirk

Tibetan Uprising Day

31. Tenzin Lungrig, on behalf of the Tibetan Association

Peace Teacher: Thich Nhat Hanh

32. Chimey Lee

Splitting South Berkeley

33. Diana Bohn

Accessing Infrastructure Funds

34. Dan Smuts

Heaters for the Unhoused

35. Summer Brenner

Affordable Healthcare Now

36. Senator Nancy Skinner

East Bay Community Energy

37. EBCE (2)

URL’s Only

38. Vivian Warkentin

Honoring Labor Contract Rights – SEIU 1021

39. Alberto Flores

40. Jacob Kahn

14 Tuesday, February 22, 2022 AGENDA Page 15
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.
15 16
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
February 22, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of January 10 (special), January 18 (regular), January 20 (closed and special), January 25 (closed and regular), and January 27 (special).

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

1. January 10, 2022-Special City Council Meeting

2. January 18, 2022-Regular City Council Meeting

3. January 20, 2022-Special Closed City Council Meeting

4. January 20, 2022-Special City Council Meeting

5. January 25, 2022- Special Closed Council Meeting

6. January 25, 2022-Regular City Council Meeting

7. January 27, 2022-Special City Council Meeting

17 Monday, January 10, 2022 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows:

Monday, January 10, 2022
4:30 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 imminent 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/84572745991. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 845 7274 5991. 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].

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.

18 Monday, January 10, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 4:33 p.m.

Present: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin

Absent: Bartlett
Consent Calendar
Public Comment on Consent Calendar: 0 speakers.

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

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

1. Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference
From: City Manager
Recommendation: Adopt a Resolution making the required findings pursuant to Government Code Section 54953(e)(3) and determining that as a result of the continued threat to public health and safety posed by the spread of COVID-19, City legislative bodies shall continue to meet via videoconference and teleconference, initially ratified by the City Council on September 28, 2021, and subsequently reviewed and ratified on October 26, 2021, November 16, 2021, and December 14, 2021.

Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,176–N.S.

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

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

Adjourned at 4:36 p.m.

I hereby certify that the foregoing is a true and correct record of the City Council meeting held on January 10, 2022.
________________________
Mark Numainville
City Clerk

19 Monday, January 10, 2022 MINUTES Page 3
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
 None

20 Tuesday, January 18, 2022 MINUTES Page 1

MINUTES

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 imminent 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. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 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].

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.

21 Tuesday, January 18, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:03 p.m.

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

Absent: None
Ceremonial Matters:

1. Adjourn in memory of Steve Nadel, Local Activist

2. Adjourn in memory of Aoife Beary, Berkeley Balcony Collapse Survivor

3. Adjourn in memory of Michelle Goh, Former Berkeley Resident City Auditor Comments:

The City Auditor noted that the equity benefits of Item 25 are a positive step, but that more funding is needed to improve citywide PCI rating.

City Manager Comments:

The City Manager provided an update of the Reimagining Public Safety process related to Priority Dispatching, the Specialized Care Unit, and BerkDOT.

The City Manager also provided an update on the recruitment for Chief of Police.

Public Comment on Non-Agenda Matters: 10 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 28 speakers.

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Droste) to adopt a temporary rule to limit public comment to one minute to speaker.

Vote: All Ayes.

22 Consent Calendar
Tuesday, January 18, 2022 MINUTES 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
Action: Adopted second reading of Ordinance No. 7,795–N.S.

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
Action: Adopted Resolution No. 70,177–N.S.

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 Action: Adopted Resolution No. 70,178–N.S.

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 Action: Adopted Resolution No. 70,179–N.S.

23 Consent Calendar
Tuesday, January 18, 2022 MINUTES Page 4

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 Action: Adopted Resolution No. 70,180–N.S.

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 Action: Adopted Resolution No. 70,181–N.S.

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 Action: Adopted Resolution No. 70,182–N.S.

24 Consent Calendar
Tuesday, January 18, 2022 MINUTES Page 5

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 Action: Adopted Resolution No. 70,183–N.S.

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 Action: Adopted Resolution No. 70,184–N.S.

25 Consent Calendar
Tuesday, January 18, 2022 MINUTES Page 6

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 Action: Moved to Action Calendar. 12 speakers. M/S/Failed (Droste/Robinson) to adopt the recommendation as written on the agenda.

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

Action: M/S/Carried (Harrison/Arreguin) to take no action on the City Council Referral to combine the Sugar Sweetened Beverage Product Panel of Experts and the Community Health Commission, and to direct the Sugar Sweetened Beverage Product Panel of Experts and the Community Health Commission to discuss how the work of the two commissions can be combined.

Vote: All Ayes.

Recess 8:40 p.m. – 8:51 p.m.

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 Action: Adopted Resolution No. 70,185–N.S.

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 Action: Adopted Resolution No. 70,186–N.S.

26 Consent Calendar
Tuesday, January 18, 2022 MINUTES Page 7

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 Action: Adopted Resolution No. 70,187–N.S.

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 Action: Adopted Resolution No. 70,188–N.S.

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 Action: Adopted Resolution No. 70,189 –N.S.

27 Consent Calendar
Tuesday, January 18, 2022 MINUTES Page 8

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 Action: Moved to Action Calendar. 17 speakers. M/S/Failed (Droste/Kesarwani) to adopt the recommendation as written.

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

Action: M/S/Carried (Hahn/Taplin) to:
1) Adopt first reading of Ordinance No. 7,796–N.S. as revised in Supplemental Communications Packet #2 by Councilmember Taplin to retain the Zero Waste Commission as a stand-alone entity, and further amended in Section 3.82.040.A. to read “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 advancing green buildings and resource efficiency; decarbonizing buildings and transportation; engaging and educating the community; addressing the impacts and welfare of all species, including animals, insects, and plants; reducing greenhouse gas emissions; reducing toxics and preventing pollution; and supporting environmental justice.” Second reading scheduled for February 8, 2022.
2) Adopted Resolution No. 70,190–N.S. as revised in Supplemental Communications Packet #2 from the Planning and Development Department to delay the effective date of the resolution.

Vote: All Ayes.

28 Council Consent Items
Tuesday, January 18, 2022 MINUTES Page 9

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 Action: Approved recommendation including revised material in Supplemental Communications Packet #1 from Councilmember Kesarwani.

29 Council Consent Items
Tuesday, January 18, 2022 MINUTES Page 10

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 Action: Approved recommendation including revised material in Supplemental Communications Packet #2 from Councilmember Kesarwani.

30 Council Consent Items
Tuesday, January 18, 2022 MINUTES Page 11

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 Action: Councilmembers Hahn, Bartlett, and Taplin added as co-sponsors.

Approved recommendation.

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 Action: Adopted Resolution No. 70,191–N.S.

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Tuesday, January 18, 2022 MINUTES Page 12

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: Councilmember Harrison added as a co-sponsor. Adopted Resolution No. 70,192–N.S.

Action Calendar – Public Hearings

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 Public Testimony: The Mayor opened the public hearing. 0 speakers.

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to adopt Resolution No. 70,193–N.S.

Vote: All Ayes.

32 Action Calendar- Public Hearings
Tuesday, January 18, 2022 MINUTES Page 13

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 Public Testimony: The Mayor opened the public hearing. 6 speakers.

Action: M/S/C (Arreguin/Harrison) to suspend the rules and extend the meeting to 11:15 p.m.

Vote: All Ayes.

Action: M/S/C (Kesarwani/Taplin) to adopt first reading of Ordinance No. 7,797 –N.S. as submitted by the City Manager with the amendments included in Supplemental Communications Packet #1 from Councilmember Kesarwani and further amended with regards to the three-year rolling date for ADU conversions and the addition of balconies to prohibited projections. Second reading scheduled for February 8, 2022.

Vote: All Ayes.

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: Item 24 moved to Consent Calendar for the purpose of continuing the public hearing to January 25, 2022 including supplemental materials submitted by Councilmember Droste and Councilmember Hahn.

33 Action Calendar- New Business
Tuesday, January 18, 2022 MINUTES Page 14
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
Action: Item 25a, 25b, and 25c continued to January 25, 2022. 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 Action: Continued to January 25, 2022.
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 Action: Continued to January 25, 2022.
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.

34 Action Calendar – New Business
Tuesday, January 18, 2022 MINUTES Page 15
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
Action: Moved to Consent Calendar. Amended the first paragraph of recommendation to read:

That Council adopt a Resolution to support an expanded Adopt-a-Spot program and coordinate new programs for youth volunteers, and funding for operational expenses should be included and refers the funding of the program to the Fiscal Year 2023- 2024 Budget process.

Adopted Resolution No. 70,194–N.S. amended to delete the second resolved clause

35 Action Calendar – New Business
Tuesday, January 18, 2022 MINUTES Page 16
and amend the first resolved clause as written below.

NOW THEREFORE, BE IT RESOLVED, that the Council of the City of Berkeley hereby adopts an expanded Adopt-a-Spot program and refers the funding of the program to the Fiscal Year 2023-2024 Budget process.
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
Action: Moved to Consent Calendar. Approved recommendation.

Public Comment – Items Not Listed on the Agenda - 2 speakers.

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

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

Councilmember Droste absent at 11:08 p.m.

Adjourned at 11:11 p.m.

I hereby certify that the foregoing is a true and correct record of the regular session meeting held on January 18, 2022.
________________________
Mark Numainville
City Clerk
Communications
2021 Local Cannabis Policy Scorecard

1. Getting it Right from the Start

36 Tuesday, January 18, 2022 MINUTES Page 17
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.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

37 Tuesday, January 18, 2022 MINUTES Page 18

24.Moni Law
Habitot Children’s Museum

25.Marjorie Tichenor
HMIS Case Manager Assignments

26.Omowale Fowles (2)
Homeless Shelter Concerns

[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

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

38 Tuesday, January 18, 2022 MINUTES Page 19
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
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

39 Tuesday, January 18, 2022 MINUTES Page 20
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
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 1
Item 17: Referral to the City Manager to Establish a Marina Master Plan for Parking with a Consideration for Establishing a Waterfront Parking Benefits District

82.Revised material, submitted by Councilmember Kesarwani

83.Jim McGrath

40 Tuesday, January 18, 2022 MINUTES Page 21
Item 23: Response to City Council Action on October 26, 2021 regarding Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance)

84.Supplemental material, submitted by Councilmember Kesarwani Supplemental Communications and Reports 2
Item 10: Referral Response: Commission Reorganization for Post-COVID-19 Budget Recovery – Sugar Sweetened Beverage Product Panel of Experts Commission and Community Health Commission

85.Martin Bourque

86.Sheila Goldmacher

87.Cindy Shamban

88.Diana Bohn

89.Holly Scheider, Sugar-Sweetened Beverage Panel of Experts Commission

90.Peter Hosemann
Item 16: Commission Reorganization: Creating the Environment and Climate Commission

91.Revised material, submitted by Planning and Development Department

92.Supplemental material, submitted by Councilmember Taplin

93.Alfred Twu

94.Martin Bourque (see #85)

95.Cindy Shamban (see #87)

96.Max Wechsler

97.Annette Poliwka
Item 17: Referral to the City Manager to Establish a Marine Master Plan for Parking with a Consideration for Establishing a Waterfront Parking Benefits District

98.Jim McGrath
Item 18: Refer to the City Manager to Establish a Framework for Parking Benefits Districts in the Gilman and Lorin Commercial Districts

99.Revised material, submitted by Councilmember Kesarwani Item 23: Response to City Council Action on October 26, 2021 regarding Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance) 100. Debra Sanderson, on behalf of the ADU Task Force (East Bay) 101. Bryce Nesbit
Item 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
102. Supplemental Material, submitted by Councilmember Droste 103. Supplemental Material, submitted by Councilmember Hahn 104. Debra Sanderson, on behalf of the ADU Task Force (East Bay) (See #100) 105. Mary Ann Wenger
106. Jan Knecht
107. Jonathan Bailey

41 Tuesday, January 18, 2022 MINUTES Page 22
108. John Lawrence
109. Hans Jones
110. George Porter
111. Dale Rose
Item 25a: Street Maintenance and Rehabilitation Policy and Five-Year Paving Plan 112. Ellen Archilla
113. Terry Nicol
114. Jay Harlow
115. John Rice
116. Fran Haselsteiner
117. Mary Lee Noonan
118. Kenneth Worthy
119. Paku Khan
120. Ray Yep
121. Penny Baron
122. Joan Lester
123. Leah & John Rosenthal
124. E Souders
125. Orville Schell
126. Jean Walrand
127. Noah Nelson
128. David Ritvo
129. Anthony & Judy Lepire
130. Frederic Fierstein
131. Rod Richardson
132. Emily Fox
133. John Harris
134. Isaac Pastor-Chermak
135. Sybil Hatch
136. Jo Ann Driscoll
137. Suzanne Stephens
138. Ann Campbell
139. Mitch Cohen
140. Ceara Brencic
141. Eric Broque
142. Patsy Slater
143. Sean Lincoln
144. Bob Flasher
145. Paul Litsky
146. Jonathan Francis
147. John Hitchen
148. Nicole Chabot
149. Jayson Elliot
150. Mark Lee
151. Talya Brettler
152. Gary Miguel

42 Tuesday, January 18, 2022 MINUTES Page 23
153. Craig Fendel
154. Wendy Alfsen
Item 26a: Adopt-a-Spot Program Development Recommendations 155. Taylor Rein
156. Leo Bookey
157. Wendy Alfsen
158. Cindy Shamban
159. John Steere, Berkeley Partners for Parks
160. Sally Hughes
Supplemental Communications and Reports 3
Item 10: Referral Response: Commission Reorganization for Post-COVID-19 Budget Recovery – Sugar Sweetened Beverage Product Panel of Experts Commission and Community Health Commission
161. Karma Smart
162. Tobey Wiebe
Item 18: Refer to the City Manager to Establish a Framework for Parking Benefits Districts in the Gilman and Lorin Commercial Districts
163. Elana Auerbach
Item 21: OPPOSE Net Energy Metering 3.0 Proposed Decision of the CPUC and SUPPORT Net Energy Metering Policy that Continues the Growth of Local Rooftop Solar
164. Igor Tregub (2)
Item 23: Response to City Council Action on October 26, 2021 regarding Short Term Referral for Amendments to Accessory Dwelling Unit (ADU) Ordinance) 165. Presentation, Planning & Development Department
166. Debra Sanderson (2)
167. Henry DeNero
168. George Porter (2)
Item 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
169. Bob Flasher
170. Nancy Rader
Item 25a: Street Maintenance and Rehabilitation Policy and Five-Year Paving Plan 171. Elana Auerbach
172. MA Morgan
173. Doris Nassiry
174. Paul Rauber

43 Tuesday, January 18, 2022 MINUTES Page 24
175. Diana Wood
176. Katie Johnson
177. Pamela Michaud
178. Maren Bell
179. John Gilmore
180. Charles Clarke
181. Ken Berland
182. Chimey Lee
183. Robert Dering
184. Kristina Feller

44 Thursday, January 20, 2022 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
THURSDAY, JANUARY 20, 2022
4:00 P.M.

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 imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this https://us02web.zoom.us/j/84163131789. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free); enter Meeting ID: 841 6313 1789.

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].

45 Thursday, January 20, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 4:07 p.m.

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

Absent: Kesarwani
Councilmember Kesarwani present at 4:15 p.m.

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

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

1. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(1):
a. Case Name: GTE Mobilnet of California Limited Partnership v. City of Berkeley Case Number: 4:20-cv-05460-DMR
Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

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

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

Adjourned at 4:46 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting of the City Council held on January 20, 2022.
___________________________
Mark Numainville, City Clerk

46 Thursday, January 20, 2022 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
In accordance with the authority in me vested, I do hereby call the Berkeley City Council in special session as follows:

Thursday, January 20, 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 imminent 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/85382939746. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 853 8293 9746. 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].

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.

47 Thursday, January 20, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:05 p.m.

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

Absent: Droste
Councilmember Droste present at 6:14 p.m.

Worksession

1. Discuss Vision 2050, Infrastructure Priorities, Stakeholder and Community Engagement, and City’s Bonding Capacity; and Seek Direction on November 2022 Revenue Measure(s)
From: City Manager
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000 Action: M/S/C (Arreguin/Robinson) to accept supplemental material from Mayor Arreguin on Item 1.

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

Action: 24 speakers. M/S/C (Arreguin/Harrison) to provide direction to the City Manager on infrastructure revenue measure(s) development as follows:
 Timing: November 2022
 Number of Measures: One Bond (several areas), or Bond (Affordable Housing) and Parcel Tax (Streets and Infrastructure)
 Priorities: Streets (pedestrian safety/sidewalks & bike safety, traffic safety, and complete streets); Affordable Housing; Climate (including climate mitigation and resilience, Storm Drains, Undergrounding); Public Facilities (Civic Center, Waterfront, Parks)
 Dollar Amount: Range from $350 – $600 million
Vote: All Ayes.

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

Vote: All Ayes.

Adjourned at 9:46 p.m.

Communications
 None
Supplemental Communications and Reports 1
 None

48 Thursday, January 20, 2022 MINUTES Page 3
Supplemental Communications and Reports 2
Item 1: Discuss Vision 2050, Infrastructure Priorities, Stakeholder and Community Engagement, and City’s Bonding Capacity; and Seek Direction on November 2022 Revenue Measure(s)

1. David Lerman

2. John Rice
Supplemental Communications and Reports 3
Item 1: Discuss Vision 2050, Infrastructure Priorities, Stakeholder and Community Engagement, and City’s Bonding Capacity; and Seek Direction on November 2022 Revenue Measure(s)

3. Supplemental material, submitted by Mayor Arreguin

4. Barbara Gilbert

5. Councilmember Harrison

49 Tuesday, January 25, 2022 MINUTES Page 1

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

S P E C I A L M E E T I N G M I N U T E S
TUESDAY, JANUARY 25, 2022
4:00 P.M.

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 imminent 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/81790986638. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free); enter 817 9098 6638. 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].

50 Tuesday, January 25, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 4:04 p.m.

Present : Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin

Absent: Bartlett
Councilmember Bartlett present at 4:09 p.m.

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

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

1. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a) and 54956.9(d)(1)
a. Workers Compensation Appeals Board Case Numbers: ADJ9784627, ADJ11090574, ADJ11090538, ADJ9768319, and ADJ9768337.

Action: M/S/C (Arreguin/Hahn) to provide direction to outside counsel and approve a settlement by Compromise and Release, or else in the alternative by stipulated awards of permanent disability with Awards of lifetime future medical care, as to workers’ compensation matters WCAB Case Numbers: ADJ9784627, ADJ11090574, ADJ11090538, ADJ9768319, and ADJ9768337.

Vote: All Ayes.

2. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6

Negotiators: Dee Williams-Ridley, City Manager, Paul Buddenhagen, Deputy City Manager, LaTanya Bellow, Deputy City Manager, Don Ellison, Interim Human Resources Director.

Employee Organizations: Berkeley Fire Fighters Association Local 1227, Berkeley Fire Fighters Association, Local 1227 I.A.F.F. / Berkeley Chief Fire Officers Association; International Brotherhood of Electrical Workers (IBEW), Local 1245, SEIU 1021 Community Services and Part-time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, Public Employees Union Local 1, Unrepresented Employees, Berkeley Police Association.

Action: No reportable action taken.

OPEN SESSION:

City Council met in closed session on January 25, 2022, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a settlement by Compromise and Release, or else in the alternative by stipulated awards of permanent disability with Awards of lifetime future medical care, as to workers’ compensation matters WCAB Case Numbers: ADJ9784627, ADJ11090574, ADJ11090538, ADJ9768319, and ADJ9768337.

51 Tuesday, January 25, 2022 MINUTES Page 3
Adjournment
Action: M/S/C (Arreguin/Wengraf) to adjourn the meeting.

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

Adjourned at 4:44 p.m.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on January 25, 2022.
_________________________
Mark Numainville, City Clerk

52 Tuesday, January 25, 2022 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, January 25, 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 imminent 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 UR L https://us02web.zoom.us/j/84888765689
. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 848 8876 5689. 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]
.

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.

53 Tuesday, January 25, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:04 p.m.

Present: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin

Absent: Bartlett
Councilmember Bartlett present at 6:06 p.m.

Report from Closed Session

City Council met in closed session on January 25, 2022, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a settlement by Compromise and Release, or else in the alternative by stipulated awards of permanent disability with Awards of lifetime future medical care, as to workers’ compensation matters WCAB Case Numbers: ADJ9784627, ADJ11090574, ADJ11090538, ADJ9768319, and ADJ9768337.

Ceremonial Matters:

1. Adjourned the meeting in memory of Fred Harvey, Local Activist

2. Adjourned the meeting in memory of Judy Holland, Berkeley Resident City Manager Comments: None

Public Comment on Non-Agenda Matters: 5 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 9 speakers.

Action: M/S/C (Arreguin/Wengraf) to accept supplemental material from Councilmember Taplin on Item 12.

Vote: All Ayes.

Action: M/S/C (Arreguin/Hahn) to adopt a temporary rule to limit public comment to one minute per speaker.

Vote: All Ayes.

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

Vote: All Ayes.

54 Consent Calendar
Tuesday, January 25, 2022 MINUTES Page 3

1. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of December 7 (special), December 9 (closed and special), December 14 (special and regular).

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

2. Revenue Contract: The Center at Sierra Health Foundation for $90,999.50 for Information Technology Equipment, Telehealth Licenses, and Personal Protective Equipment
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to apply for funding provided by the California Department of Health Care Services (DHCS) through the Behavioral Health Telehealth Request for Applications and accept the funding and execute any resultant revenue agreements and amendments to purchase information technology equipment, telehealth software licenses, and personal protective equipment up to $90,999.50 in FY 2022 and FY 2023.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,195–N.S.

3. 2022 Fee Assessment – State of California Self-Insurance Fund (Workers’ Compensation Program)
From: City Manager
Recommendation: Adopt a Resolution authorizing payment to the State of California Department of Industrial Relations for Fiscal Year 2022 for administering the Workers’ Compensation Program, in an amount not to exceed $268,093.55.

Financial Implications: See report.

Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,196–N.S.

4. Grant Application: Land and Water Conservation Fund – Grove Park Renovation Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application to the federal Land and Water Conservation Fund (LWCF) in an amount not to exceed 50% of the Grove Park Renovation total project cost of $2.4M.

Financial Implications: See report.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,197–N.S.

55 Consent Calendar
Tuesday, January 25, 2022 MINUTES Page 4

5. Contract No. 32000093 Amendment: DC Electric Group, Inc. for On-Call Electronic Traffic Calming Devices Maintenance Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000093 with DC Electric Group, Inc. to increase the current contract by $250,000 for a total not to exceed amount of $500,000 and to remove the $50,000 annual limit.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,198–N.S.

6. Contract: Glosage Engineering, Inc. for Sanitary Sewer Rehabilitation at Various Locations
From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project, located on Grizzly Peak Boulevard Backline, Euclid Avenue Backline, Cragmont Avenue Backline, Euclid Avenue, Wildcat Canyon Road, Woodhaven Road, Keeler Avenue, Spruce Street, and Eunice Street; accepting the bid of the lowest responsive and responsible bidder, Glosage Engineering, Inc.; and authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $1,780,859, which includes a 10% contingency of $161,896.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,199–N.S.

56 Consent Calendar
Tuesday, January 25, 2022 MINUTES Page 5

7. Lease and Cooperative Agreement: Downtown Berkeley Bike Station From: City Manager
Recommendation:

1. Adopt the first reading of an Ordinance authorizing the City Manager to execute a lease agreement with BART for retail space at the Center Street Garage for a fifteen- year lease term commencing February 1, 2021, and expiring on January 31, 2036.

2. Adopt a Resolution authorizing the City Manager to execute a cooperative agreement with the Bay Area Rapid Transit District (BART) for the continued operation of the Downtown Berkeley Bike Station in its Center Street Garage location for a three-year term commencing July 1, 2020, and expiring on June 30, 2023, in an amount not to exceed $225,000.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopt first reading of Ordinance No.7,798–N.S. Second reading scheduled for February 8, 2022. Adopted Resolution No. 70,200–N.S.

8. Resolution Requesting State Cannabis Cultivation Tax Reform From: Mayor Arreguin (Author), Councilmember Bartlett (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor)
Recommendation: Adopt a Resolution requesting State cannabis cultivation tax reform.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Councilmember Harrison added as a co-sponsor. Adopted Resolution No. 70,201–N.S.

9. 2022 Seating Arrangement during City Council Meetings From: Mayor Arreguin (Author)
Recommendation: Rescind Resolution No. 69,647–N.S and adopt a Resolution changing the seating arrangement of the Mayor and City Councilmembers on the dais for calendar year 2022, to accommodate the Vice-Mayor, as follows (From left to right, facing the dais): Kesarwani, Bartlett, Hahn, Harrison, Arreguin, Wengraf, Droste, Robinson, Taplin.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,202–N.S.

10. 2022 City Council Committee and Regional Body Appointments From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution approving the appointment of Council representatives to City Council Standing Policy Committees, Partnership Committees, Regional Bodies and Liaisons to City Boards and Commissions for a term ending on December 31, 2022 or until new appointments are made.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,203–N.S.

57 Council Consent Items
Tuesday, January 25, 2022 MINUTES Page 6

11. Referring the Civic Arts Commission’s affordable housing for artists in Berkeley Report and other Artist Live, Work and Live-Work opportunities to the Housing Element Update
From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Wengraf (Co-Sponsor) Recommendation: 1. Refer the Civic Arts Commission’s report entitled affordable housing for artists in Berkeley to the City Manager, Planning Commission, and Housing Advisory Commission to review, consider, and incorporate recommendations, to the greatest extent possible, into the Housing Element update and related planning and zoning processes.

2. Refer to the City Manager, Planning Commission, and Housing Advisory Commission consideration of the feasibility and impacts of allowing ground floor affordable live, work, and live-work space for artists in certain commercial, manufacturing, and mixed-use buildings/areas, both new-build and existing, and exploration of other opportunities for living, work and live-work space for artists.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Approved recommendation.

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 may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue. Action items may be reordered at the discretion of the Chair with the consent of Council.

58 Action Calendar – Continued Business
Tuesday, January 25, 2022 MINUTES Page 7

12. Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code (Continued from December 14, 2021. Item contains supplemental materials) From: City Manager
Recommendation: Adopt a Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code.

Financial Implications: None
Contact: Jennifer Louis, Police, (510) 981-5900, LaTanya Bellow, City Manager's Office, (510) 981-7000
Action: Moved to Consent Calendar. Item 12 continued to March 22, 2022 including supplemental material submitted by Councilmember Taplin.

Action Calendar – Continued Business

Aa. Street Maintenance and Rehabilitation Policy and Five-Year Paving Plan (Continued from the January 18, 2022 meeting.)
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
Action: 13 speakers. M/S/C (Arreguin/Harrison) to adopt Resolution No. 70,204– N.S. updating the Street Maintenance and Rehabilitation Policy and Five-Year Paving Plan Equity Alternative amended to approve the first three years of the plan, including the equity component, and with the condition that the criteria in this plan will not govern the allocation of funds from potential future ballot measures. Further, staff will return to Council in January 2024 with updates to the Street Maintenance and Rehabilitation Policy and Five-Year Paving Plan Equity Alternative.

Vote: All Ayes.

Ab. Public Works Commission Recommendation for the Five-Year Paving Plan (Continued from the January 18, 2022 meeting.)
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 Action: See action on item Aa.

59 Action Calendar – Continued Business
Tuesday, January 25, 2022 MINUTES Page 8
Ac. Adopt a Resolution Updating City of Berkeley Street Maintenance and Rehabilitation Policy (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee. Continued from the January 18, 2022 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 Action: See action on item Aa.

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 interested 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 su bject 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.

60 Action Calendar – Public Hearings
Tuesday, January 25, 2022 MINUTES Page 9
B. 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 January 18, 2022. 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: M/S/C (Arreguin/Wengraf) to suspend the rules and extend the meeting to 11:30 p.m.

Vote: All Ayes.

Public Testimony: The Mayor opened the public hearing. 37 speakers.

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

Vote: All Ayes.

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to suspend the rules and extend the meeting to 12:30 a.m.

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to suspend the rules and extend the meeting to 12:40 a.m.

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to suspend the rules and extend the meeting to 12:45 a.m.

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

Action: M/S/C (Kesarwani/Droste) to adopt the minimum requirements in state law with the fire safety proposals in supplemental materials submitted by Councilmember Droste, including the provisions adopted in Ordinance 7,797-N.S. adopted on January 18, 2022, and apply the requirements to the Hillside Overlay.

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

Action: M/S/C (Arreguin/Robinson) to suspend the rules and extend the meeting to 12:50 a.m.

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

61 Action Calendar – Public Hearings
Tuesday, January 25, 2022 MINUTES Page 10
Action: M/S/C (Bartlett/Robinson) to reconsider the motion previously adopted regarding the Accessory Dwelling Unit ordinance amendments to address public safety concerns.

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

Action: M/S/Failed (Kesarwani/Droste) to adopt the minimum requirements in state law with the fire safety proposals in supplemental materials submitted by Councilmember Droste, including the provisions adopted in Ordinance 7,797-N.S. adopted on January 18, 2022, and apply the requirements to the Hillside Overlay.

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

Action: M/S/Carried (Hahn/Harrison) to adopt first reading of Ordinance No. 7,799 as submitted in the revised material submitted jointly by Councilmembers Hahn and Wengraf, including the fire safety requirements submitted by Councilmember Droste and provisions contained in Ordinance 7,797-N.S. adopted on January 18, 2022, and amended to modify the footnote regarding side and rear setbacks with authority granted to staff to insert the correct code reference. Second reading scheduled for February 8, 2022. Further, refer Councilmember Droste’s supplemental materials to the City Manager for consideration.

Vote: All Ayes.

Action Calendar – New Business

13. COVID-19 Response 2021 Summary Report
From: City Manager
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000 Action: 10 speakers. Presentation made and discussion held.

Recess 8:12 p.m. – 8:22 p.m.

Information Reports

14. LPO NOD: 2212 Fifth Street/#LMIN2021-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

15. LPO NOD: 1120 Second Street/#LMSA2021-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

62 Information Reports

Tuesday, January 25, 2022 MINUTES Page 11

16. LPO NOD: 1325 Arch Street/#LMIN2020-0008
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

17. LPO NOD: 1960 University Avenue/#LMSA2021-0002
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

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

Adjournment
Adjourned at 12:50 a.m.

I hereby certify that the foregoing is a true and correct record of the regular session meeting held on January 25, 2022.

________________________
Mark Numainville
City Clerk

Communications
Assessment of Vacant Properties

1. Human Welfare and Community Action Commission

Berkeley Marina

2. David Lerman

3. Erica McFadden
Berkeleyside

4. Charles Clarke

5. Pamela Turntine

Clark Kerr Volleyball Courts

6. UC Berkeley

Crypto Currency

7. Fred Dodsworth

Commercial Evictions

8. Trea Cleaves (2)

COVID-19

63 Tuesday, January 25, 2022 MINUTES Page 12

9. Anne McClintock

10. David Lerman (2)

11. Kelly Hammagren

Emergency Winter Shelter

12. Elana Auerbach

International Day of Education

13. Mina Karimabadi

Landmarks Preservation

14. Charlene Woodcock

Mynd Management

15. Anita Shriver

Political Representation

16. Steve Martinot
Smoke Free Signage Absence

17. Carol Denney
Shen Yun

18. Lisa Ye

Urban Trees

19. Nancy Bardach

Supplemental Communications and Reports 1

Item 12: Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code

20. Diana Bohn

Item Aa: Street Maintenance and Rehabilitation Policy and Five-Year Paving Plan

21. Wayne Huber

22. Jenn Guitart

23. John Rea

Supplemental Communications and Reports 2
Item 11: Referring the Civic Arts Commission’s affordable housing for artist in Berkeley Report and other Artist Live, Work and Live-Work opportunities to the Housing Element Update

24. Kathryn Reasoner

64 Tuesday, January 25, 2022 MINUTES Page 13
Item Aa: Street Maintenance and Rehabilitation Policy and Five-Year Paving Plan

24. Antonia Nunez
Item B: 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

24. Supplemental material, submitted by Councilmember Hahn

25. Supplemental material, submitted by Councilmember Wengraf

26. Lisa Bruce

27. Steven Segal

28. Lisa and Tim Goodman

29. Mary Ann Wenger

30. Christine Rosen

31. Johnathan Bailey

32. Alexa Gregory

33. Andrea Kean

34. Paul Newacheck

35. Joan Grant

36. Susan Orbuch

37. Mary Canavan

38. Micky Duxbury

39. BSF Home

40. William Seidel

41. Rafa Sonnenfeld, on behalf of Yimby Law

42. Ellen Jones

43. Steve Scholl

44. Renee Goldstein & George Roemer

45. Betsy Bigelow-Teller

46. Sue Jones

47. Tobey Wiebe

48. Linda Press Wulf

49. Marilyn Kwock

50. Mary Lou Van Deventer

51. David Hollinger

52. Doris Nassiry

53. Harald Leventhal

Supplemental Communications and Reports 3
Item 11: Referring the Civic Arts Commission’s affordable housing for artist in Berkeley Report and other Artist Live, Work and Live-Work opportunities to the Housing Element Update

56. Wyndy Knox Carr

57. Verna Lim
Item Aa: Street Maintenance and Rehabilitation Policy and Five-Year Paving Plan

58. Charles Clark

65 Tuesday, January 25, 2022 MINUTES Page 14
Item 12: Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code

59. Supplemental material, submitted by Councilmember Taplin Item Aa: Street Maintenance and Rehabilitation Policy and Five-Year Paving Plan

60. Presentation, Public Works Department

61. Jenny Wenk

62. Richard Fish
Item B: 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

63. Presentation, Planning and Development Department

64. Jonathan Bailey

65. Ann Rogers

66. Brian Gilbane

67. Margaret Webster

68. Penny and Bill Barron

69. Stefanie and William Guynn

70. Margot Smith

71. Carol Hirth

72. Erica Stone

73. Bill Pottinger

74. David Bilder

75. Marcia Diaz

76. Mary Louise Zernicke

77. Cornelia Levine

78. Eric Bjerkholt

79. Bruce Stangeland

80. Shirley Dean

81. Nicole Chabot

82. Patricia Wilson

83. Margaretta Mitchell

84. Helen Kravetzky

85. Mark kay Duggan

86. Jennifer Hernandez

87. Stan Goldberg

88. Charlene Woodcock

89. Daniella Thompson

90. Dahlia Armon

91. Marsha Gardner

92. Barbara Schick

93. Susan Scherer

94. Gina Rieger

95. Claudia Deering

96. Kathleen Haberer and Kenneth Yip

97. John and Donna Schneider

66 Tuesday, January 25, 2022 MINUTES Page 15

98. Jan Knecht

99. Michael Katz
100. Councilmember Hahn
101. Susan Halpern
102. Susan Nunes Fadley
103. Lucinda Olney
104. Chris McKee
105. David Shiver
106. Ednah Beth Friedman
107. Ellen Greenblatt
108. David Ritvo
109. Sybil Hatch
110. Nancy Gillette
111. Deb Shell and JP Bedoya
112. Ann Hughes
113. Jane Fulton Suri
114. Louise Palmer
115. Alicia Telford
116. Diane WS
117. Frederique Wynberg
118. Michael Thouati
119. Eli Gilad
120. Elaine Chan
121. Bill Smoot
122. Alyse Ritvo
123. Gail Machlis
124. Steven
125. John Blaustein and Terry Pink Alexander
126. Victor Kley
127. Lauren and David Moore
128. Robin Hollenberg
129. Karen Chernoff
130. Sarah Liu
131. Beatriz Manz
132. I Turiel
133. Catherine Trimbur
134. Gary Forbes
135. Carolyn West
136. Marjorie Fletcher
137. Linda Deaktor
138. Laura Louis
139. Hilary Worthen
140. Kaethe Weingarten
141. Barbara Davis
142. Mary Stapleton
143. Henry Lerner

67 Tuesday, January 25, 2022 MINUTES Page 16
144. Andrew Bestwick
145. Leah and John Rosenthal
146. Karen Weil
147. Gareth Ellis
148. Jana Olson
149. Eric Rakowski
150. Ann Krooth
151. Diana Malin
152. Francisco Santamarina
153. Jenny Wenk
154. Naomi Pearce
155. Yen Trac
156. Ellen Archilla
157. Monica Vazirani
158. Sarah Herr
159. Ellen Goldblatt
160. Kori Kody
161. Kathleen Weaver
162. Chris Cullander
163. Joan Hart
164. Rod Richardson
165. Robert Hester
166. Carolyn
167. Kathy Wade
168. Watson Ladd
169. Alison LaBonte
170. JH Frisk
171. Phyllis Orrick
172. Donna Graves
173. Jon Kaner (2)
174. Susan Lea
175. Lynn Glaser
176. Stefano DellaVigna
177. Rachel Bradley
178. Diana Bohn
179. Kathy Skrainer
180. Sara Knight
181. Shelley Golomb
182. Grant Cutler
183. James Nelson
184. Ellen Matthews
185. Mark and Lisa Follman
186. Helene Silverberg
187. Janos Kirz
188. Nancy Viebrock
189. David Rouslin

68 Tuesday, January 25, 2022 MINUTES Page 17
190. Richard Collier
191. Victoria Kahn
192. Joan Primeau
193. Helen Marcus
194. Margaret Mancuso
195. Phyllis Ritvo
196. David Jung
197. Judith Baker
198. Flora Lewis
199. Joan Garvin
200. Benjamin Kadish
201. Adam Rogers
202. Chris Lee-Egan
203. James Jones
204. Sean
205. Mary Frank
206. Lloyd Elliot
207. Daniel Robbins
208. Maria Riddle
209. Helene Vilett
210. Firouzeh Nourzad
211. Karina Epperlein
212. Gloria Schild
213. Nancy Lemon
214. D.B
215. Bhima Sheridan
216. Ivan and Sarah Diamond
217. Colleen Neff
218. Joan Wager
219. Richard Chambers
220. Salim
221. Katherine Eckhouse
222. Kathleen Metz
223. Craig Peterson
224. Laura Ide
225. Lisba Fowler
226. Priscilla Myrick and Thomas Cutillo
227. Sandra Schlesinger
228. Ian Wulfson
229. Brenda Dawson Dove
230. Mary Staats
231. Kerna Trottier
232. Gertrude Weil
233. Ann Pardee
234. Pam Valois
235. Elizabeth Hawk

69 Tuesday, January 25, 2022 MINUTES Page 18
236. Susan
237. George Porter
238. Mary Lee Noonan
239. Terry Mandel
240. Lisa and Tim Goodman
241. Mary and Rick Thomas
242. Mary Louise Gifford
243. Dale Rose
244. Stephen Morris
245. Bronya Feldmann
246. Jennifer Chatman and Russel Barnett
247. Alex Takaoka
248. Diana Damonte
249. Nadia Le Bon
250. Fred Bamber
251. Henry DeNero, on behalf of the Hillside Association of Berkeley 252. Bami Greene
253. Barbara Floyd
254. Aviv Nitsan
255. Bohun Kinloch
256. Valeria Gilbert-Perens
257. Sara Cox
258. Susan and Paul Opsvig
259. Gary Miguel
260. Jerry Skrainer
261. Alfred
262. John Geary
263. Ellen Hahn
264. Mike Ely
265. ADU Task Force (East Bay)
266. Robin Kibby
267. Fred Schlachter
268. Janice Murota
269. Alison Lingo
270. Lauren
271. Jackie Stastny
272. Bridgett Shank
273. Juliet Lamont and Phil Price
274. David Donovan
275. Susan Frankel
276. Yoej Kahn
277. Seth Seidel
278. Priscilla Birge
279. Elizabeth Fulton
280. Moe Wright
281. Milo Trauss

70 Tuesday, January 25, 2022 MINUTES Page 19
282. Marilyn Pollack
283. Ellen Meltzer
284. Jan de Vries
285. Brendan Willerford
286. Carmen de Monteflores
287. Rachel Bogard
288. Ellen Gorman Winters
289. Paul Casperson
290. Toni Mester
291. Candace Falk
292. Bill Sherer
293. Carol and Tony Henning
294. Caroline Winnett
295. Patrick Sheahan
296. Karen Bowen
297. Sonia Wichmann
298. Vikram Sridharan (2)
299. Martha Wing
300. Craig Griffin
301. Huma Dar
302. Dr. Banuett
303. Sandeer Seepersad
304. Michael Cassidy
305. Davina, on behalf of the Associated Students of the University of California
306. Dylan Casey, on behalf of California Renters Legal Advocacy and Education Fund
307. Sheryl Drinkwater
308. V. Sommer
309. Elizabeth Snowden
310. Sarah Miyazaki
311. Sean Lai McMahon
312. Barbara Cohn
313. Grayson Peters
314. Jared Harris
315. Regina Stefaniak
316. Madeline Feingold
317. Deborah Reade
318. Wesley Tam
319. Warren Wells
320. Charles Noyes
321. Michael Farrell
322. Kathy and Michael Scandling (2)
323. Lee Bishop
324. Audrey Richards
325. Dustin Swonder

71 Tuesday, January 25, 2022 MINUTES Page 20
326. Joan Zweben
327. Dorothy Walker
328. Beth Feingold
329. Rose Ellen Morrell
330. Kate and Daniel Funk
331. Alyse Jacobson
332. Colleen Busch
333. Patrice Ignelzi
334. Clifford Fred
335. Nomi Harris
336. Joan and David Hollinger
337. Ed Vine
338. Hilary Read
339. Peggy Mendelson
340. Pauline Mohr
341. Barryett Enge
342. R obert and Suzanne Stephens
343. Colleen Boyle
344. Lynn Clenfield
345. Vivian Fendel
346. Craig Fendel
347. Anna Urrea
348. Karen Fagerstrom
349. Phyllis Steiber
350. Scott McCreary
351. Sheila Jordan
352. Michael Walden and Judith Schelly
353. S. Entwistle
354. Sarah Bell
355. Jose Luis Bedolla
356. Lee Ann Weber
357. Becca Schonberg
358. Sowmya Swaminathan (2)
359. Ellen Barth
360. Barbara Gilbert
361. Robin
362. Katinka Wyle
363. Ken Frenkel
364. Karen Branson
365. May Palmer-Seltzer
366. Jason Rubin
367. Susan Aumiller
368. Susan and Schuyler Bailey
369. Linda Twilling and Basil Boutris
370. Supannika Rongsopa
371. Antonia Frankhuijzen

72 Tuesday, January 25, 2022 MINUTES Page 21
372. [email protected]
373. Salma Elmallah
374. Matthew Lewis
375. Carol Stone
376. Lenore Dolin
377. Shawn Drost
378. Joel
379. Joaquin Carbonell IV
380. John and Nancy Lawrence
381. David Nasatir
382. Martha Rabkin
383. Lauren Walker
384. Kendra Levine
385. Allison Banks
386. David Chaney
387. Marca Brown-Machen
388. B.A. Smith
389. Brenda Shank
390. Susan Brand
391. Isaac Pastor-Chermak
392. Sarah Clegg
393. Mark
394. Leslie Dixon
Item 13: COVID-19 Response 2021 Summary Report
395. Presentation, City Manager

73 Thursday, January 27, 2022 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Thursday, January 27, 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 imminent 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/86896416355. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 868 9641 6355. 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].

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.

74 Thursday, January 27, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:02 p.m.

Present: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin

Absent: Bartlett
Councilmember Bartlett present at 6:15 p.m.

Worksession

1. Tenant Opportunity to Purchase Act, Adding B.M.C. Chapter 13.89 From: Mayor Arreguin
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: 78 speakers. Presentation made and discussion held.

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

Vote: All Ayes
Adjourned at 10:49 p.m.

Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item 1: Tenant Opportunity to Purchase Act, Adding B.M.C Chapter 13.89

1. Similarly-worded form letters (44)

2. Christine Crane

3. Bhima Sheridan

4. Ross Simkover

5. Llona Clark

6. Ceceilia Lunaparra, on behalf of Cal Berkeley Democrats

7. Diana Bohn

8. Olivia Kehoe, on behalf of Berkeley Student Cooperative

9. Llaf Esuf, on behalf of United Way Bay Area

10.Bee Coleman, on behalf of East Bay Permanent Real Estate Cooperative

11.Wilhelmenia Wilson, on behalf of Healthy Black Families, Inc.

75 Thursday, January 27, 2022 MINUTES Page 3

12.Samantha Warren, on behalf of Associated Students of the University of California

13.Louise Rosenkratz

14.Emily Wheeler, on behalf of Public Advocates

15.Rosina

16.Alex Sharenko

[email protected]

18.Sophia
Supplemental Communications and Reports 3
Item 1: Tenant Opportunity to Purchase Act, Adding B.M.C Chapter 13.89

19. Presentation, submitted by Mayor Arreguin

20.31 similarly-worded form letters (Yes)

21.7 similarly-worded form letters (Benefit lawyers)

22.8 similarly-worded form letters (Hurt)

23.Chris Schildt

24.Kim Markison

25.Jayson Collard

26.Alameda County Democratic Party

27.Andrea Mullarkey

28.Darryl Ross-Ragland

29.Emma Heinichen, on behalf of Zacks, Freedman & Patterson, PC

30.Obaid Khan

31.Susan Knight

32.Dale Smith

33.Jeffrey Melcher

34.Sasha Futran

35.Bushra Khan

36.Barbara Schick

37.Sierra Club Northern Alameda County Group

38.Sylvia Young

39.Nico Calavita

40.Roger Hallsten

41.Andrea Gordon

42.Pamela Drake

43.Ken Berland

44.Todd Andrew

45.CADEM Renters Council

46.Ruben Hernandez Story, on behalf of East Bay Young Democrats

47.Charles Clarke

48.Yingying Wei

49.Greg Jan

50.Erik Dreher

51.Berkeley Tenants Union

52.Keith Sjoholm

53.Mechelle

54.Chris Cohn

55.Mary Weissman

76 Thursday, January 27, 2022 MINUTES Page 4

56.Keith Ray

57.Andrew Jeffries and Ellen McDonald

58.Betsy Morris, on behalf of the Berkeley-East Bay Gray Panthers

59.Dale Rose

60.Robert Zucker

61.Cassandra Adams

62.Elsa Ramos

63.Sophia DeWitt, on behalf of East Bay Housing Organization

64.Evita Chavez, on behalf of the Partnership for the Bay’s Future

65.taptango@

66.Kiran Shenoy

67.Michael Trujillo, on behalf of the East Bay Community Law Center

68.Steve Pelly

69.North Berkeley Cottage

70.Celia Karian

71.Rasheedah Phillips, on behalf of PolicyLink

72.Eleanor Muhlstein

73.Paul Mathew

74.Geoff Lomax

75.Toni Mester

76.Richard Buss

77.Henry DeMarco

78.Barbara Gilbert (2)

79.Renee Good

80.Sarah Davis

81.Fran Haselsteiner

77 78
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
February 22, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on February 22, 2022

RECOMMENDATION
Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Total estimated cost of items included in this report is $234,000.

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and PROJECT Fund Source Amount
Preliminary Engineering
and Final Design for
Ohlone Greenway
Modernization and Safety
Project
306
135 $234,000
Total: $234,000

79 Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council February 22, 2022 Approval on February 22, 2022
upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

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

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

RATIONALE FOR RECOMMENDATION
Need for the services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Darryl Sweet, General Services Manager, Finance, 510-981-7329 Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled For Possible Issuance After Council Approval on February 8, 2022
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.
a) Preliminary Engineering and Final Design for Ohlone Greenway Modernization and Safety Project

80 NEXT 30 DAYS
DATE SUBMITTED: February 22, 2022
Attachment 1
1 of 2

SPECIFICATI
ON NO.

DESCRIPTION

OF GOODS /

SERVICES
BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX.

BID

OPENING
DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. /

DIVISION

CONTACT
NAME &
PHONE
22-11494-C Preliminary
Engineering and
Final Design for
Ohlone
Greenway
Modernization
and Safety
Project
2/23/2022 3/22/2022 Professional engineering
and project management
services for the preliminary
and final design of the
operational and safety
improvements to a portion
of the Ohlone Greenway,
from Virginia Gardens to
the Santa Fe Avenue,
including intersections.
$234,000 $214,000 will be available via
AAO2 from 306-54-622-668-
0000-000-431-665110
$20,000 will be available
via
AAO2 from 135-54-622-668-
0000-000-431-665110
PW/
Transportation
Ken Jung
981-7028
Dept TOTAL $234,000
DEPT. TOTAL $234,000

81

82 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
February 22, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Expenditure Contract: Berkeley Youth Alternatives for Proposition 64 Grant- Proposed Work and Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute an expenditure contract and any amendments or extensions with Berkeley Youth Alternatives (BYA) in an amount not to exceed $625,000 for the period March 1, 2022 through April 30, 2024.

FISCAL IMPACTS OF RECOMMENDATION
$585,000 for this contract is available in the FY 2022 Budget in the One-time Grant Fund 336 (ERMA Account: 336-51-506-559-0000-000-451-636110). Funding in the amount of $40,000 is subject to appropriation in the FY 2024 budget in the One-time Grant Fund 336 (ERMA Account: 336-51-506-559-0000-000-451-612990).

CURRENT SITUATION AND ITS EFFECTS
This contract with BYA for proposed work and services under this Proposition 64 is a Strategic Plan Priority Project; advancing the City of Berkeley’s goal to champion and demonstrate social and racial equity by providing violence and substance use prevention and education services and providing early intervention support for at-risk youth.

This contract provides financial support to BYA by reimbursing it for direct services, project management and data reporting related to the California Board of State and Community Corrections (BSCC) Proposition 64 grant requirements for the period March 1, 2022 through April 30, 2024. Direct services include case management and wrap- around services (i.e., prevention and intervention) for youth and their families, a youth peer education media campaign related to substance use, and development, implementation and management of a community-led violence prevention taskforce.

BACKGROUND
The City of Berkeley received a grant award on May 1, 2021 from the California Board of State and Community Corrections (BSCC) Proposition 64 funding in 2021. The City completed a Request for Proposal (RFP) process on December 23, 2021 to identify the

83 Expenditure Contract: Berkeley Youth Alternatives Proposition 64 Services CONSENT CALENDAR February 22, 2022

most qualified vendor(s) to complete grant deliverables addressing cannabis prevention and intervention among youth and community violence prevention activities. Through this process BYA was identified as the most qualified vendor who submitted a proposal.

The City of Berkeley Health, Housing, and Community Services Department has had a longstanding relationship with BYA in providing funding and partnership for youth development activities and direct services. BYA was founded in 1969 by a diverse group of community residents and leaders to address the needs of high-risk youth and has served children and families of Berkeley and the surrounding areas for over 50 years. Their mission is to provide a holistic approach to continuum of care services in a culturally competent and appropriate manner to improve the lives of those they serve in three core areas: education, health and well-being, and economic self-sufficiency.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identified environmental and climate impacts.

RATIONALE FOR RECOMMENDATION
The City conducted a Request for Proposal (RFP) process and identified BYA as the vendor that best met the requirements for the services to successfully implement Proposition 64 grant-proposed work.

ALTERNATIVE ACTIONS CONSIDERED
The City can choose not to execute the contract with BYA and return the funding, however this would be a loss of needed services for young people in Berkeley.

CONTACT PERSON
Sheilani Alix, YouthWorks Program Manager, HHCS, 510-981-4978 Attachments:
1: Resolution

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

CONTRACT: BERKELEY YOUTH ALTERNATIVES FOR PROPOSITION 64

GRANT WORK
WHEREAS, Berkeley Public Health Division has a longstanding partnership with Berkeley Youth Alternatives (BYA), providing funding for Proposition 64 grant-proposed work; and
WHEREAS, BYA was founded in 1969 and is an established community partner that provides youth development, case management, wrap-around services and to youth and their families experiencing at-risk situations; and WHEREAS, BYA’s services complement those provided by the City and other community health care providers, and support public health goals of improving the health and well- being of the community; and
WHEREAS, funds are available in the Fiscal Year 2021 through Fiscal Year 2024 budget via reimbursable State Proposition 64 grant funding;
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 expenditure contract and any amendments or extensions with Berkeley Youth Alternatives (BYA) in an amount not to exceed $625,000 for the period March 1, 2022 through April 30, 2024 for the purpose of funding direct services (i.e., case management and wrap-around services related to substance use prevention and intervention) to youth and their families, project management and data reporting related to the California Board of State and Community Corrections (BSCC) Proposition 64 grant requirements, ERMA Accounts: 336-51-506- 559-0000-000-451-636110 and 336-51-506-559-0000-000-451-612990. A record signature copy of said contract to be on file in the office of the City Clerk.

85 86
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
February 22, 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 Department
Subject: Contract No. 32000240 Amendment: Berkeley Unified School District (BUSD) for Mental Health MHSA-Funded Programs

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32000240 with Berkeley Unified School District (BUSD) to provide Mental Health Services Act (MHSA) funded programs in local schools through June 30, 2022 in an amount not to exceed $992,778. This amendment will add $355,000 in funding to the contract.

FISCAL IMPACTS OF RECOMMENDATION
Funds for the scope of work in the amount of $355,000 ($95,000 for the Dynamic Mindfulness Program, $110,000 for the Supportive Schools program, and $150,000 for the African American Success Project) will be appropriated into MHSA fund budget code 315-51-503-526-2016-000-451-636110 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 MHSA Plan Update includes funding to continue four BUSD projects for an additional year. Three of these projects -- the Dynamic Mindfulness Program, Supportive Schools program, and the African American Success Project -- are being implemented and will be funded this year. BUSD is not implementing the fourth project, the Mental Health Peer Education and Supports Project (MEET) this year due to pandemic-related operational changes, and therefore funding will not be included in the contract amendment. The attached resolution authorizes the required contract amendment.

The three programs are:
 Dynamic Mindfulness (DMind) is an evidence-based trauma-informed program that will be implemented in each BUSD middle school and high school. Validated by independent researchers as a transformative program for teaching children

87 Contract No. 32000240 Amendment CONSENT CALENDAR
February 22, 2022

and youth, skills for optimal stress resilience and healing from trauma, the DMind program integrates mindful action, breathing, and centering.  The Supportive Schools program provides early intervention behavioral health services at BUSD elementary schools. Agency and district staff providers lead social skills groups, early intervention social and emotional support, playground social skills, “check in / check out,” individual counseling, and support for parents and guardians from diverse backgrounds.
 The African American Success Program works with African American youth and their families to actively engage students in the classroom and school life while creating a pathway for their long-term success. The project implements a three- pronged approach that includes case management and mentorship (which are individualized and tailored to meet each student’s needs), community building, and family engagement.

BACKGROUND
On November 12, 2019 via Resolution No. 69,168-N.S., City Council approved entering into a contract with BUSD that encompassed four separate programs, each of which are administered by BUSD: the Mental Health Peer Education and Supports Project (MEET), the Dynamic Mindfulness Program, the Supportive Schools Program, and the African American Success Project.

The State of California MHSA provides funding for local mental health services and supports. City of Berkeley MHSA Three Year Program and Expenditure Plans (Three Year Plans) and Annual Updates detail the uses of local MHSA funds. Development of local MHSA Three Year Plans and Annual Updates require community program planning, writing a draft plan, providing a 30-day public review, and conducting a public hearing at the Mental Health Commission.

The Mental Health Division has worked closely with BUSD for many years, successfully implementing a variety of programs to support the needs and enhance the well-being of the student body, and providing a solid foundation for positive youth development.

Funding BUSD to provide programs has proven to be an effective model in the past, as it allows educators to tailor programs to meet the individual needs of students within the context of their school setting.

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
BUSD is a trusted partner in the implementation of programs to ensure students’ needs are met in the most effective manner possible. Each of the programs funded by this contract were developed as a result of feedback from stakeholders and went through a

88 Contract No. 32000240 Amendment CONSENT CALENDAR
February 22, 2022

lengthy community input process before being presented to City Council as part of the MHSA Plan Annual Update.

ALTERNATIVE ACTIONS CONSIDERED
Staff did not identify an alternative action that would be consistent with the adopted MHSA Three-Year Program and Expenditure Plans.

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

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

CONTRACT NO. 32000240 AMENDMENT: BERKELEY UNIFIED SCHOOL DISTRICT (BUSD) FOR MENTAL HEALTH MHSA-FUNDED PROGRAMS
WHEREAS, on November 12, 2019 via Resolution No. 69,168-N.S., City Council approved entering into a contract with BUSD to fund the Mental Health Peer Education and Supports Project, the Dynamic Mindfulness Program, the Supportive Schools Program, and the African American Success Project; and
WHEREAS, on May 11, 2021 via Resolution No. 69,836-N.S., City Council approved amending Contract No. 32000240; and
WHEREAS, community input and stakeholder feedback has determined a need for the programs being funded and the Fiscal Year 2021-2022 MHSA Plan Update includes funding to continue BUSD projects for an additional year; and WHEREAS, the Berkeley Unified School District (BUSD) has been a trusted partner in the implementation of a variety of programs in collaboration with the City; and WHEREAS, funding for this contract has been included in the FY 2022 Budget and are available in ERMA GL Account 315-51-503-526-2016-000-451-636110, subject to approval of the Second Amendment to the FY 2022 Annual Appropriations Ordinance.

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. 32000240 with the Berkeley Unified School District for MHSA-funded programs through June 30, 2022 increasing the contract by $355,000 for a new total not to exceed amount of $992,778. A record signature copy of said contract and any amendments to be on file in the City Clerk Department.

90 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
February 22, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Revenue Contract: Department of Health Care Services for $1,000,000 for Crisis Care Mobile Units

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to accept an award of funding provided by the California Department of Health Care Services (DHCS) through the Crisis Care Mobile Units (CCMU) Program and execute any resultant revenue agreements and amendments to augment the City’s investment in piloting and evaluating a Specialized Care Unit (SCU) in an amount up to $1,000,000 through Fiscal Year 2025.

FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley will receive funds from DHCS through the CCMU Program in an amount up to $1,000,000 through Fiscal Year 2025. The funds for this contract will be deposited and expensed from the One-Time Grant: general ledger codes 336-51-501- 501-2075-000-451-various (expenditures) and 336-51-501-501-2075-000-000-431110- (revenue). Funds will be appropriated in a future amendment to the Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley’s Health, Housing, and Community Services Department (HHCS) applied for a $1,000,000 grant for the Crisis Care Mobile Units Program with DHCS.

HHCS was awarded the funding, which will support the development and implementation of a Specialized Care Unit (SCU).

The Specialized Care Unit (SCU) is a Strategic Plan Priority Project, advancing the City of Berkeley’s goal to champion and demonstrate social and racial equity by piloting and evaluating a new model of crisis care. The Crisis Care Mobile Units (CCMU) program will augment the City’s investment in piloting and evaluating the SCU, with a goal of providing crisis services 24/7, 365 days per year in response to crisis calls related to behavioral health/mental health, substance use, and homelessness that do not require the presence of law enforcement. HHCS applied for this funding to ensure the success of the pilot program and to allow for more comprehensive implementation.

91 Revenue Contract: DHCS for $1,000,000 for Crisis Care Mobile Units CONSENT CALENDAR February 22, 2022

BACKGROUND
On July 14, 2020, in Resolution No. 69,501-N.S., City Council directed the City Manager to transform community safety and initiate a robust community engagement process.

This directive included the design and implementation of a Specialized Care Unit (SCU) pilot that would respond to mental health and substance use crises without involvement of law enforcement. Through a Request for Proposals (RFP) process under Specification No. 20-11357-C, Resource Development Associates (RDA) was selected to conduct a comprehensive feasibility study that included a deep community engagement process, best practice research, data collection, program design, and an implementation plan for an SCU for Berkeley. In collaboration with an SCU Steering Committee facilitated by HHCS, RDA has completed the process and published three critical reports that are available on the City’s Reimagining Public Safety Website:

Report 1: Crisis Response Models: in which nearly 40 non-police crisis response models across North America were studied and compared.

Report 2: Berkeley SCU Current State: which describes in detail the current state of the City’s crisis response, and shares insights learned during the deep community engagement process led by the consultant with support from the steering committee.

Report 3: SCU Crisis Response Recommendations which contains specific recommendations for what the best SCU model will be for Berkeley based upon the findings shared in the first two reports. These findings serve as a roadmap for finalizing the design, creating the infrastructure, and implementing the SCU.

The SCU Steering Committee is now moving on to the implementation phase and will be relying on documents developed by RDA as a roadmap for implementation.

On June 30, 2021, in Resolution No. 69,949–N.S., Council provided $8 million in funding for “Programs Addressing Community Safety and Crisis Response” that included funding for the SCU. Recognizing that funding would be needed from multiple sources, City staff also applied for a competitive grant opportunity that became available through DHCS’s CCMU program and was awarded the maximum amount of $1,000,000 through Fiscal Year 2025. This funding will support preliminary staffing and infrastructure of the SCU.

This SCU will consist of trained crisis-response field workers who will respond to mental health crisis occurrences that posed on imminent threat to safety without the involvement of law enforcement. Through implementation of the SCU with support from the CCMU grant, staff anticipate the following direct outcomes:
1) Reduction in the rate of BPD being dispatched to respond to mental and behavioral health crises,

92 Revenue Contract: DHCS for $1,000,000 for Crisis Care Mobile Units CONSENT CALENDAR February 22, 2022

2) Reduction in the prevalence of psychiatric mental health emergency cases in the City and County’s hospitals that originate from Berkeley, and 3) Increase in percentage of mental health crisis events that have a behavioral health response.

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 will support the City’s ability to provide services for individuals experiencing a crisis in Berkeley. Providing safe and equitable access to essential health services is a key purpose of HHCS. The funding provided in this agreement will augment the City’s investment in the Specialized Care Unit.

ALTERNATIVE ACTIONS CONSIDERED
No alternatives consistent with the City’s goal of providing equitable mental health services were identified.

CONTACT PERSON
Steven Grolnic-McClurg, Manager of Mental Health Services, (510) 981-5290 Katherine Hawn, Senior Management Analyst, HHCS, (510) 981-5411 Attachments:
1: Resolution

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

REVENUE CONTRACT: DEPARTMENT OF HEALTH CARE SERVICES FOR CRISIS

CARE MOBILE UNITS
WHEREAS, Berkeley City Council directed the City Manager to evaluate initiatives and reforms that reduce the footprint of the Police Department and limit the Police’s scope of work primarily to violent and criminal matters; and
WHEREAS, City of Berkeley community members would prefer a mental health crisis response system that does not so heavily involve law enforcement; and WHEREAS, the services this funding will cover align with the Strategic Plan goal to champion and demonstrate social and racial equity.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that City Manager or her designee is authorized to accept an award of funding, to execute a contract and any amendments with the Department of Health Care Services (DHCS) for the design and implementation of a Specialized Care Unit (SCU) and appropriate the funding in a future amendment to the Annual Appropriations Ordinance in the estimated amount of $1,000,000 for the period beginning September 15, 2021 and ending June 30, 2025. General ledger codes 336-51-501-501-2075-000-451-various (expenditures) and 336-51-501-501-2075-000-000-431110- (revenue). A record signature copy of said contract and any amendments to be on file in the City Clerk Department.

94 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
February 22, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Meals on Wheels of Alameda County Agency Donations for the Berkeley Meals on Wheels Program

RECOMMENDATION
Adopt a Resolution accepting a $25,200 donation for the Berkeley Meals on Wheels Program from the Meals on Wheels of Alameda County (MOWAC) agency.

FISCAL IMPACTS OF RECOMMENDATION
The $25,200 donation and any subsequent donations received in FY 2022 has been and will be deposited into the Fund Raising Activities Fund (ERMA Budget Code 111- 51-505-549-2044-000-444-612990-) and will be appropriated as part of the Second Amendment to the FY 2022 Annual Appropriations Ordinance for supporting the operations of the Meals on Wheels Program (ERMA Project). This donation will support the cost of hourly personnel needed to provide meals to home-bound seniors by the City of Berkeley Meals on Wheels program.

CURRENT SITUATION AND ITS EFFECTS
The Berkeley Meals on Wheels program contributes to the City’s Strategic Plan goal to be a customer-focused organization that provides excellent, timely, easily-accessible service to the community; particularly the older adult, homebound community. The Berkeley Meals on Wheels program provides over 60,000 nutritious meals to over 250 seniors each year.

MOWAC is a private, non-profit agency that raises funds for the six Meals on Wheels programs in Alameda County. MOWAC provides special grant funding and donations to programs to support the delivery of meals to home-bound seniors.

BACKGROUND
The City of Berkeley Meals on Wheels program is funded by an annual grant contract with the Alameda County Area Agency on Aging, as well as by client and community donations and the City’s General Fund. While each Meals on Wheels program in the County is expected to support unfunded costs of the program to meet community

95 Meals on Wheels of Alameda County Donations for the Berkeley CONSENT CALENDAR Meals on Wheels Program February 22, 2022

needs, MOWAC helps programs meet additional needs by conducting its own fundraising efforts for the benefit of all programs countywide.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Berkeley Meals on Wheels program packages its meals in compostable containers to reduce landfill waste.

RATIONALE FOR RECOMMENDATION
Donations received from MOWAC will provide the Berkeley Meals on Wheels program with significant financial support that can be directly applied to both personnel and operating expenses for the program.

ALTERNATIVE ACTIONS CONSIDERED
Refusing donations from MOWAC would not be consistent with the City’s Strategic Plan goals or its efforts to sustain an Age-Friendly Berkeley, and is not recommended.

CONTACT PERSON
Dina Quan, Nutrition Manager, HHCS, (510) 981-7778
Attachments:
1: Resolution

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

MEALS ON WHEELS OF ALAMEDA COUNTY DONATIONS FOR THE

BERKELEY MEALS ON WHEELS PROGRAM
WHEREAS, the Meals on Wheels of Alameda County Agency’s mission is to raise funds for the six Meals on Wheels programs in Alameda County, including Berkeley Meals on Wheels; and
WHEREAS, Alameda County distributes these funds on a proportional basis to Meals on Wheels programs and special grant requests throughout Alameda County; and WHEREAS, Berkeley Meals on Wheels provides over 60,000 nutritious meals to over 250 seniors each year; and
WHEREAS, the current MOWAC donation of $25,200 will assist in covering personnel costs or providing meals to homebound seniors; and
WHEREAS, the donation will be deposited into the Fund Raising Activities Fund (ERMA Budget Code 111-51-505-549-2044-000-444-612990-) and will be appropriated as part of the Second Amendment to the FY 2022 Annual Appropriations Ordinance.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a donation of $25,200, to the Berkeley Meals on Wheels program from the Meals on Wheels of Alameda County Agency are accepted to support personnel and operational costs of meal provision to home-bound seniors by the City of Berkeley Meals on Wheels program.

97 98

Office of the City Manager
269423.1

CONSENT CALENDAR
February 22, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Donald E. Ellison, Interim Director of Human Resources Subject: Amending Berkeley Municipal Code Chapter 4.38, Supplementary Retirement and Income Plan II, to Permit Participation of Berkeley Fire Fighters Association Local 1227 I.A.F.F.

RECOMMENDATION
Adopt first reading of an ordinance to amend the Berkeley Municipal Code Chapter (BMC) 4.38, Supplementary Retirement and Income Plan II (SRIP II), to permit participation of Berkeley Fire Fighters Associations Local 1227 I.A.F.F (BFFA).

FISCAL IMPACTS OF RECOMMENDATION
The financial impact of this recommendation is approximately $247,479 in calendar year 2022. The SRIP II Plan requires City contributions of 6.7% of the employees first $32,400 earned wages in each calendar year. BFFA currently has 114 FTE. The cost of this amendment will be paid from the General Fund and sufficient funds are available to fund this benefit as this was approved July 29, 2021.

CURRENT SITUATION AND ITS EFFECTS
Council approved BFFA participation in SRIP II by Resolution No. 69,994-N.S., which adopted the successor MOU on July 29, 2021. In order to implement enrollment of BBFA employee in to the SRIP II the plan document must be amended, which requires Council’s approval of an amendment to BMC Chapter 4.38. Currently all career benefitted employees receive this benefit, except police employees covered under the Berkeley Police Association MOU, who are currently covered under SRIP III. This is also an opportunity to make minor, non-substantive, clerical changes to related provisions in the SRIP II plan document regarding participation.

BACKGROUND
The City’s labor contract with the Union expired and was fully terminated as of June 30, 2021. In an effort to reach agreement on a successor MOU, representatives of the City and representatives of the Union held approximately ten negotiating sessions beginning in April of 2021. The parties reached a tentative agreement on July 12, 2021, and Council adopted the terms of the successor MOU on July 29, 2021.

99 There are approximately 114 employees represented by the Union in one (1) representational unit (Unit B).

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

RATIONALE FOR RECOMMENDATION
Council approved BFFA participation in SRIP II by Resolution No. 69,994-N.S., which adopted the successor MOU on July 29 2021 that included adding BFFA to the SRIP II benefit. In order to effectuate the inclusion of BFFA employees in to the SRIP II, Council must adopt an amendment to the BMC Chapter 4.38.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Donald E. Ellison, Interim Human Resources Director, 510-981-6807 Attachments
1: Ordinance:

Amending Berkeley Municipal Code Chapter 4.38, Supplementary Retirement and Income Plan II, TO Permit Participation of Berkeley Fire Fighters Association Local 1227 I.AF.F.

100

ORDINANCE NO. -N.S.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 4.38, SUPPLEMENTARY

RETIREMENT AND INCOME PLAN II, TO PERMIT PARTICIPATION OF BERKELEY FIRE FIGHTERS ASSOCIATION LOCAL 1227 I.AF.F.

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

Section 1. That pursuant to the Memorandum of Understanding between the City of Berkeley and Berkeley Fire Fighters Association Local 1227 I.A.F.F. of July 1, 2021 - June 30, 2023, Section 4.38.106 of the Berkeley Municipal Code is amended to read in its entirety as follows:
“4.38.106
Employee.
‘Employee’ shall mean any person who is:

1. Employed by the City and covered under its miscellaneous employees contract with the Administration of the State of California Public Employees Retirement System (a CalPERS miscellaneous employee); or

2. Employed by the City and represented by any of the following associations:
 Berkeley Police Association (a police employee), effective January 1, 1989; or
 Berkeley Fire Fighters Association Local 1227 I.A.F.F., effective March 20, 2022; or

3. Employed by any other public entity Employer that has adopted the Plan with approval of the Council.”
Section 2. That Sections 4.38.107 and 4.38.201 of the Berkeley Municipal Code are amended to make non-substantive, clerical changes to read in their entirety as follows:
“4.38.107
Employer.
‘Employer’ shall mean the City of Berkeley and any other public entity that has adopted the Plan with the approval of the Council. Effective as of July 1, 2007, the Berkeley Housing Authority shall be considered an Employer under the Plan with respect to its employees. An Employer who has been approved to participate in the Plan may do so as long as it fulfills its obligations as an Employer under the Plan to the satisfaction of the City of Berkeley, as determined by the City of Berkeley’s sole and absolute discretion. If the City determines that an Employer is not fulfilling its obligations, the City shall provide written notice to that effect to the Employee and that Employer’s participation under the Plan shall terminate as of the date of such notice. (Ord. 7264-NS § 2, 2012)

101

4.38.201
Participation date.

Any Employee who was a Participant in the Plan immediately prior to January 1, 2001 shall continue to be a Participant on January 1, 2001.

Each other Employee who becomes such on or after July 22, 1988 shall become a Participant upon their date of employment, or if later, the date they become an Employee. Any Participant of the City of Berkeley Supplementary Retirement Income Plan I may elect, at any time, to cease participation in that plan and become a Participant in this Plan (i.e., the City of Berkeley Supplementary Retirement Income Plan II). Such election shall be irrevocable. Any Participant who is a police employee on January 1, 2005 shall cease being an active or inactive participant in this Plan on December 31, 2004.”

102
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
February 22, 2022

To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Grant Application: Clean California Local Grant Program – Civic Center Plaza Turtle Garden Beautification Project

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to the state’s Clean California Local Grant Program (CCLGP) for up to $600,000 for the Civic Center Park Turtle Garden Beautification Project, and to accept grant funds, execute resulting grant agreements and amendments, and authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

FINANCIAL IMPLICATIONS
In 2020, the City allocated $300,000 in Measure T1 Phase 2 funds and $30,000 in Parks Tax, as well as $25,000 from the City’s Civic Arts Commission totaling $355,000 for the Civic Center Plaza Turtle Garden Beautification Project. According to the grant criteria in the CCLGP, the City must provide a local match of 37.5%, which allows the City to apply for a grant of up to $600,000.

CURRENT SITUATION AND ITS EFFECTS
In December 2021, the state announced the CCLGP, administered by the California Department of Transportation (Caltrans), to provide approximately $296 million as part of a two-year program to beautify and improve streets and roads, tribal lands, parks, pathways, and transit centers to restore pride in public spaces. Eligible projects must meet at least one of the following project goals: litter and graffiti abatement, greening and the use of native drought-tolerant plantings, improving access to public space, public engagement in project development, and projects in underserved communities.

Proposals are due on February 1, 2022, grant awards will be announced in March 2022, and project must be completed by June 30, 2024.

BACKGROUND
In 2020, after an extensive community engagement process, the City approved Berkeley’s Civic Center Vision and Implementation Plan (Resolution No. 69,579-N.S., September 22, 2020). This plan included a vision for the Civic Center area that supports current and future community needs while respecting and celebrating the

103
Grant Application: Clean CA – Civic Center Park Turtle Garden Project CONSENT CALENDAR February 22, 2022

area’s rich past and historically significant structures. The conceptual designs for the Civic Center area included the Turtle Garden Project. The Turtle Garden Project was developed by local groups over several years, and involves the conversion of the existing decommissioned fountain into an outdoor garden with native drought-tolerant plants, the installation of Loggerhead turtle sculptures (4) and Native artist-designed stone medallions (8) on the fountain. The sculptures and medallions were completed in 2007 with City funding and have been on display at City buildings since that time. For the grant proposal, the project can also include other potential ornamental features for additional beautification, as well as potential improvements to the deteriorated plaza flagstone, the Peace Wall, and additional bench amenities for an improved park visitor experience.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
All parks improvement construction projects are required to comply with the City of Berkeley Climate Action Plan, specifically in terms of reducing construction waste, as well as environmentally preferred purchasing guidelines to reduce waste and increase the use of renewable resources.

RATIONALE FOR RECOMMENDATION
The allocation of local funds for parks improvement projects allows the City to apply for grant opportunities that require significant local matching funds.

CONTACT PERSON
Scott Ferris, Director of Parks, Recreation & Waterfront, 981-6703 Evelyn Chan, Supervising Civil Engineer, Parks, Recreation & Waterfront Attachments
1: Resolution

104
RESOLUTION NO. -N.S
GRANT APPLICATION: THE CLEAN CA GRANT PROGRAM FOR THE CIVIC

CENTER PLAZA TURTLE GARDEN BEAUTIFICATION PROJECT
WHEREAS, in December 2021, the state announced the Clean California Local Grant Program, administered by the California Department of Transportation (Caltrans), to provide approximately $296 million as part of a two-year program to beautify and improve streets and roads, tribal lands, parks, pathways, and transit centers to restore pride in public spaces. Eligible projects must meet at least one of the following project goals: litter and graffiti abatement, greening and the use of native drought-tolerant plantings, improving access to public space, public engagement in project development, and underserved communities. Proposals are due on February 1, 2022, grant awards will be announced in March 2022, and project must be completed by June 30, 2024; and
WHEREAS, in 2020, after an extensive community engagement process, the City approved Berkeley’s Civic Center Vision and Implementation Plan (Resolution No. 69,579-N.S., September 22, 2020). This plan included a vision for the Civic Center area that supports current and future community needs while respecting and celebrating the area’s rich past and historically significant structures. The conceptual designs for the Civic Center area included the Turtle Garden Project. The Turtle Garden Project was developed by local groups over several years, and involves the conversion of the existing decommissioned fountain into an outdoor garden with native drought-tolerant plants, the installation of Loggerhead turtle sculptures (4) and Native artist-designed stone medallions (8) on the fountain. The sculptures and medallions were completed in 2007 with City funding and have been on display at City buildings since that time. For the grant proposal, the project can also include other potential ornamental features for additional beautification, as well as potential improvements to the deteriorated plaza flagstone, the Peace Wall, and additional bench amenities for an improved park visitor experience; and
WHEREAS, in 2020, the City allocated $300,000 in Measure T1 Phase 2 funds and $30,000 in Parks Tax, as well as $25,000 from the City’s Civic Arts Commission totaling $355,000 for the Civic Center Plaza Turtle Garden Beautification Project. According to the grant criteria in the CCLGP, the City must provide a local match of 37.5%, which allows the City to apply for a grant of up to $600,000.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to: submit a grant application in the amount of $600,000 to the Clean CA grant program; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant. A record signature copy of said agreements and any amendments to be on file in the Office of the City Clerk.

105
106
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
February 22, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Donation: Memorial Bench at Cesar Chavez Park in memory of Susan P.

Kwong

RECOMMENDATION
Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Cesar Chavez Park in memory of Susan P. Kwong.

FISCAL IMPACTS OF RECOMMENDATION
The value of a single bench and memorial plaque is $3,400, which covers the purchasing and installation costs performed by the City. The cash donation will be deposited into Marina Fund donation revenue budget code 608-52-544-591-0000-000- 000-481110 and will be appropriated in FY 2022.

CURRENT SITUATION AND ITS EFFECTS
Julie Twichell, friend of Susan P. Kwong, wishes to donate a memorial bench in their memory to be placed at the Cesar Chavez Park with a cash donation of $3,400. Per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation. The Director has determined that the proposed donation complies with the City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the donation, subject to Council approval.

BACKGROUND
Benches are placed throughout the City in accordance with the City’s Park Bench Donation Policy approved by Council on July 22, 2008 (Resolution No. 64,148-N.S.).

The City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166- N.S.)

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACT
The City’s vendor for benches, Dumor, Inc., makes its priority to purchase only sustainably-harvested wood derived from stringently-regulated timber source locations,

107
Donation: Memorial Bench at Cesar Chavez Park – Susan P. Kwong CONSENT CALENDAR February 22, 2022

including California, Oregon, Washington and British Columbia. This policy reduces solid waste volumes in landfills, helps conserve natural resources and limits the environmental effects resulting from the extraction of virgin materials. The benches therefore comply with the City’s environmentally preferable purchasing policy, specifically section 3.7 Forest Conservation.

RATIONALE FOR RECOMMENDATION
The donation allows the City to install a memorial bench in a public park for the benefit of the general public.

CONTACT PERSON
Bruce Pratt, Parks Superintendent, 510-981-6632
Attachments:
1: Resolution

108
RESOLUTION NO. -N.S.

DONATION: MEMORIAL BENCH AT CESAR CHAVEZ PARK IN MEMORY OF SUSAN P. KWONG
WHEREAS, on July 22, 2008, Council adopted the Park Bench Donation Policy (Resolution No. 64,148-N.S.); and
WHEREAS, the City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166-N.S.); and
WHEREAS, Julie Twichell, friend of Susan P. Kwong wishes to donate a memorial bench in their memory to be placed at the Cesar Chavez Park with a cash donation of $3,400; and
WHEREAS, per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation; and WHEREAS, the Director has determined that the proposed donation complies with City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the proposed donation; and
WHEREAS, the cash donation will be deposited into Marina Fund donation revenue budget code 608-52-544-591-0000-000-000-481110 and will be appropriated in FY 2022.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a cash donation in the amount of $3,400 for a memorial bench to be placed at Cesar Chavez Park in memory of Susan P. Kwong is hereby accepted.

109
110
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
February 22, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Donation: Memorial Bench at the Berkeley Rose Garden in memory of Asia Blau Feese

RECOMMENDATION
Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Rose Garden in memory of Asia Blau Feese.

FISCAL IMPACTS OF RECOMMENDATION
The value of a single bench and memorial plaque is $3,400, which covers the purchasing and installation costs performed by the City. The cash donation will be deposited into Parks Fund donation revenue budget code 138-52-542-568-0000-000- 000-481110 and will be appropriated in FY 2022.

CURRENT SITUATION AND ITS EFFECTS
Nancy Bartell, family of Asia Blau Feese, wishes to donate a memorial bench in their memory to be placed at the Berkeley Rose Garden with a cash donation of $3,400. Per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation. The Director has determined that the proposed donation complies with the City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the donation, subject to Council approval.

BACKGROUND
Benches are placed throughout the City in accordance with the City’s Park Bench Donation Policy approved by Council on July 22, 2008 (Resolution No. 64,148-N.S.).

The City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166- N.S.)

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACT
The City’s vendor for benches, Dumor, Inc., makes its priority to purchase only sustainably-harvested wood derived from stringently-regulated timber source locations,

111
Donation: Memorial Bench at Berkeley Rose Garden – Asia Blau Feese CONSENT CALENDAR February 22, 2022

including California, Oregon, Washington and British Columbia. This policy reduces solid waste volumes in landfills, helps conserve natural resources and limits the environmental effects resulting from the extraction of virgin materials. The benches therefore comply with the City’s environmentally preferable purchasing policy, specifically section 3.7 Forest Conservation.

RATIONALE FOR RECOMMENDATION
The donation allows the City to install a memorial bench in a public park for the benefit of the general public.

CONTACT PERSON
Bruce Pratt, Parks Superintendent, 510-981-6632
Attachments:
1: Resolution

112
RESOLUTION NO. -N.S.

DONATION: MEMORIAL BENCH AT THE BERKELEY ROSE GARDEN IN MEMORY

OF ASIA BLAU FEESE
WHEREAS, on July 22, 2008, Council adopted the Park Bench Donation Policy (Resolution No. 64,148-N.S.); and
WHEREAS, the City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166-N.S.); and
WHEREAS, Nancy Bartell, family of Asia Blau Feese, wishes to donate a memorial bench in their memory to be placed at the Berkeley Rose Garden with a cash donation of $3,400; and
WHEREAS, per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation; and WHEREAS, the Director has determined that the proposed donation complies with City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the proposed donation; and
WHEREAS, the cash donation will be deposited into Parks Fund donation revenue budget code 138-52-542-568-0000-000-000-481110 and will be appropriated in FY 2022.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a cash donation in the amount of $3,400 for a memorial bench to be placed at the Berkeley Rose Garden in memory of Asia Blau Feese is hereby accepted.

113
114
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
February 22, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Donation: Memorial Bench at Cesar Chavez Park in memory of Anne Rogin Blau.

RECOMMENDATION
Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Cesar Chavez Park in memory of Anne Rogin Blau.

FISCAL IMPACTS OF RECOMMENDATION
The value of a single bench and memorial plaque is $3,400, which covers the purchasing and installation costs performed by the City. The cash donation will be deposited into Marina Fund donation revenue budget code 608-52-544-591-0000-000- 000-481110 and will be appropriated as part of the Second Amendment to the FY 2022 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
Rachel Blau, family of Anne Rogin Blau, wishes to donate a memorial bench in their memory to be placed at the Cesar Chavez Park with a cash donation of $3,400. Per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation. The Director has determined that the proposed donation complies with the City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the donation, subject to Council approval.

BACKGROUND
Benches are placed throughout the City in accordance with the City’s Park Bench Donation Policy approved by Council on July 22, 2008 (Resolution No. 64,148-N.S.).

The City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166- N.S.)

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACT

115
Donation: Memorial Bench at Cesar Chavez Park – Anne Rogin Blau CONSENT CALENDAR February 22, 2022

The City’s vendor for benches, Dumor, Inc., makes its priority to purchase only sustainably-harvested wood derived from stringently-regulated timber source locations, including California, Oregon, Washington and British Columbia. This policy reduces solid waste volumes in landfills, helps conserve natural resources and limits the environmental effects resulting from the extraction of virgin materials. The benches therefore comply with the City’s environmentally preferable purchasing policy, specifically section 3.7 Forest Conservation.

RATIONALE FOR RECOMMENDATION
The donation allows the City to install a memorial bench in a public park for the benefit of the general public.

CONTACT PERSON
Bruce Pratt, Parks Superintendent, 510-981-6632
Attachments:
1: Resolution

116
RESOLUTION NO. -N.S.

DONATION: MEMORIAL BENCH AT CESAR CHAVEZ PARK IN MEMORY OF ANNE

ROGIN BLAU
WHEREAS, on July 22, 2008, Council adopted the Park Bench Donation Policy (Resolution No. 64,148-N.S.); and
WHEREAS, the City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166-N.S.); and
WHEREAS, the family of Anne Rogin Blau wishes to donate a memorial bench in their memory to be placed at Cesar Chavez Park with a cash donation of $3,400; and WHEREAS, per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation; and WHEREAS, the Director has determined that the proposed donation complies with City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the proposed donation; and
WHEREAS, the cash donation will be deposited into Marina Fund donation revenue budget code 608-52-544-591-0000-000-000-481110 and will be appropriated as part of the Second Amendment to the FY 2022 Annual Appropriations Ordinance.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a cash donation in the amount of $3,400 for a memorial bench to be placed at Cesar Chavez Park in memory of Anne Rogin Blau is hereby accepted.

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118
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
February 22, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Donation from the Rorick Family Trust for Strawberry Creek

RECOMMENDATION
Adopt a Resolution accepting a cash donation in the amount of $16,720 for tree planting and picnic tables at Strawberry Creek Park from the Rorick Family Trust.

FISCAL IMPACTS OF RECOMMENDATION
The total value of purchasing approximately 30 new trees and associated supplies, and 3 wooden picnic tables for Strawberry Creek Park is $16,720. City staff will do the installation. The cash donation will be deposited into Parks Fund donation revenue budget code 138-52-542-568-0000-000-000-481110 and will be appropriated in FY 2022.

CURRENT SITUATION AND ITS EFFECTS
In honor of Huck Rorick, the Rorick Family Trust approached the Parks, Recreation and Waterfront (PRW) Department about a donation for Strawberry Creek Park. City staff provided multiple options and associated costs for potential improvements. After a site walk with the trust representative, the Rorick Family Trust chose to donate 3 new wooden picnic tables for the picnic site adjacent to the creek and approximately 30 new trees to be planted throughout the park.

BACKGROUND
Per the City’s Expanded City Parks Donation Policy, individuals may donate to the City’s parks in selected locations subject to the approval of the Director of the PRW Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation. The Director has determined that the proposed donation complies with the City’s Expanded City Parks Donation Policy as described in Resolution No. 66,831–N.S. and has approved the donation, subject to Council approval. The City’s Open Governance Ordinance requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166- N.S.)

119
Donation from the Rorick Family Trust for Strawberry Creek CONSENT CALENDAR February 22, 2022

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
One of the City’s Climate Action Plan goals is to maintain the urban forest’s present canopy coverage and to provide significant environmental benefits in the form of carbon dioxide absorption and oxygen production, as well as storm water retention and climate control. This project will use the natural systems of trees to achieve these goals. Trees also cool temperatures, beautify neighborhoods, add habitat, and provide health benefits to residents and visitors.

RATIONALE FOR RECOMMENDATION
The donation allows the City to install 3 new wooden picnic tables and approximately 30 new trees in honor of Huck Rorick that will benefit the general public.

CONTACT PERSON
Bruce Pratt, Parks Superintendent, 510-981-6632.

Attachments: 1: Resolution

120
RESOLUTION NO.___________ -N.S.

DONATION FROM THE RORICK FAMILY TRUST FOR STRAWBERRY CREEK WHEREAS, on December 17, 2013, Council adopted the Expanded City Parks Donation Policy (Resolution No. 66,831–N.S.); and
WHEREAS, the City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166-N.S.); and
WHEREAS, the Rorick Family Trust, wishes to donate for tree planting and new picnic tables at Strawberry Creek Park with a cash donation of $16,720; and WHEREAS, per the City’s Expanded City Parks Donation Policy, individuals may donate to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation; and WHEREAS, the Director has determined that the proposed donation complies with City’s Expanded City Parks Donation Policy as described in Resolution No. 66,831–N.S. and has approved the proposed donation; and
WHEREAS, the cash donation will be deposited into Parks Fund donation revenue budget code 138-52-542-568-0000-000-000-481110 and will be appropriated in FY 2022.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a cash donation in the amount of $16,720 for tree planting and new picnic tables at Strawberry Creek Park is hereby accepted.

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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
February 22, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Donation: Memorial Bench at Shorebird Park in memory of Key Slay

RECOMMENDATION
Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Shorebird Park in memory of Key Slay.

FISCAL IMPACTS OF RECOMMENDATION
The value of a single bench and memorial plaque is $3,400, which covers the purchasing and installation costs performed by the City. The cash donation will be deposited into Marina Fund donation revenue budget code 608-52-544-591-0000-000- 000-481110 and will be appropriated in FY 2022.

CURRENT SITUATION AND ITS EFFECTS
Mani Feniger and Michael Gardner, family of Key Slay, wish to donate a memorial bench in their memory to be placed at Shorebird Park with a cash donation of $3,400. Per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation. The Director has determined that the proposed donation complies with the City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the donation, subject to Council approval.

BACKGROUND
Benches are placed throughout the City in accordance with the City’s Park Bench Donation Policy approved by Council on July 22, 2008 (Resolution No. 64,148-N.S.) The City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166- N.S.)

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACT
The City’s vendor for benches, Dumor, Inc., makes its priority to purchase only sustainably-harvested wood derived from stringently-regulated timber source locations, including California, Oregon, Washington and British Columbia. This policy reduces

123
Donation: Memorial Bench at Shorebird Park –Slay CONSENT CALENDAR February 22, 2022

solid waste volumes in landfills, helps conserve natural resources and limits the environmental effects resulting from the extraction of virgin materials. The benches therefore comply with the City’s environmentally preferable purchasing policy, specifically section 3.7 Forest Conservation.

RATIONALE FOR RECOMMENDATION
The donation allows the City to install a memorial bench in a public park for the benefit of the general public.

CONTACT PERSON
Bruce Pratt, Parks Superintendent, 510-981-6632
Attachments:
1: Resolution

124
RESOLUTION NO. -N.S.

DONATION: MEMORIAL BENCH AT SHOREBIRD PARK IN MEMORY OF KEY SLAY WHEREAS, on July 22, 2008, Council adopted the Park Bench Donation Policy (Resolution No. 64,148-N.S.); and
WHEREAS, the City’s Open Governance Ordinance (OGO) requires City Council disclosure and approval of any gift to the City in excess of $1,000 (BMC Section 2.06.150, Ord. 7,166-N.S.); and
WHEREAS, the family of Key Slay wishes to donate a memorial bench to be placed at Shorebird Park with a cash donation of $3,400; and
WHEREAS, per the City’s Park Bench Donation Policy, individuals may donate memorial benches to the City’s parks in selected locations, subject to the approval of the Director of the Parks Recreation & Waterfront Department, and pay for all associated costs, subject to Council disclosure and approval of the gift donation; and WHEREAS, the Director has determined that the proposed donation complies with City’s Bench Donation Policy as described in Resolution No. 64,148-N.S. and has approved the proposed donation; and
WHEREAS, the cash donation will be deposited into Marina Fund donation revenue budget code 608-52-544-591-0000-000-000-481110 and will be appropriated in FY 2022.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a cash donation in the amount of $3,400 for a memorial bench to be placed at Shorebird Park at in memory of Key Slay is hereby accepted.

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126
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
February 22, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Joran Klein, Director, Planning and Development Department Subject: Contracts for Plan Checking Services

RECOMMENDATION
Adopt three Resolutions authorizing the City Manager to execute contracts and any amendments for plan checking services for three-year terms, starting March 1, 2022, with the following firms:

1. Telesis Engineers for an amount not to exceed $1,500,000

2. West Coast Code Consultants for an amount not to exceed $1,500,000

3. TRB and Associates for an amount not to exceed $1,000,000

FISCAL IMPACTS OF RECOMMENDATION
The full costs for outside plan checking services are covered by plan check fees paid by applicants. The consultants are used on an as-needed basis, which varies based on the availability of in-house resources, as well as on the level and complexity of construction projects. The consultants invoice the City by project, based on work completed. All contract expenditures are fully covered from fees paid by project applicants.

The amount requested per contract is a not-to-exceed (NTE) amount, which is expected to last for three years. Based on previous experience, staff expect that the aggregate amount spent on these as-needed services over the contracts’ duration will be less than the total NTE amounts. The average total spending on outside plan check services over the last three years was $803,260 per year. The average plan check revenues received by the City over the last three fiscal years was $4.8 million per year. The expenditure code for plan checking services is 621-53-585-634-0000-000-472-612990- (Prof Svcs – Miscellaneous).

CURRENT SITUATION AND ITS EFFECTS
The City requires owners and contractors to obtain building permits prior to construction. Plan review must be performed before most building permits can be issued. Plan check contractor services vary with the volume and complexity of construction projects, and availability of in-house plan checkers.

127
Contracts for Plan Checking Services CONSENT CALENDAR
February 22, 2022

In response to the City’s release of a Request for Proposals (RFP) for plan checking services (Specification No.22-11467-C), 13 proposals were received and reviewed by a committee of Planning and Development Department staff. Proposals were judged on five criteria outlined in the RFP, and the firms Telesis Engineers, West Coast Code Consultants, and TRB and Associates received the highest rankings.

BACKGROUND
The Planning and Development Department has maintained contracts for outside plan check services to ensure reasonable turnaround times for customers since 1989. The contracts are primarily used for plan review services on an as-needed basis for all types of projects, including new buildings, renovations and alterations of existing buildings, soft-story building retrofits, and high-rise buildings including special life safety provisions. Consultants may also review proposals and make recommendations to the Building Official on acceptance of alternative materials, designs and methods of construction per Section 104.11 of the California Building Code.

Construction activity remains strong this year and is expected to remain strong in the next three years, necessitating the proposed not-to-exceed contract amounts, based on staff analysis of potential need.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The plan check firms will conduct their work remotely. The Building and Safety Division requires customers to submit plans electronically and conducts electronic plan check.

As a result, work can be transferred swiftly to outside consultants without the need to transport plans, and all plan review processes are paperless.

RATIONALE FOR RECOMMENDATION
The services provided by the consultants allow the Building and Safety Division to maintain a turnaround time for plan review that meets the City’s performance objectives and the needs of the community. Consultants can be used flexibly when volume is higher than staff can handle, and to maintain necessary services in the face of unforeseeable staff shortages. Consultants also provide special expertise when needed, such as reviews for the soft-story program, advanced building systems, customized construction, etc. Without this help, the review time would be increased substantially, particularly on large and complex projects, and special expertise would have to be contracted on a case-by-case basis causing extensive delays.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Jesse Bright, Supervising Plan Check Engineer, Planning Department, 981-7523 Alex Roshal, Building Official, Planning Department, 981-7445

128
Contracts for Plan Checking Services CONSENT CALENDAR
February 22, 2022

Attachments:

1. Resolution: Telesis Engineers

2. Resolution: West Coast Code Consulting

3. Resolution: TRB and Associates

129
RESOLUTION NO. ##,###-N.S.

CONTRACT: TELESIS ENGINEERS FOR PLAN CHECKING SERVICES
WHEREAS, the City of Berkeley has utilized the services of private plan checking consultants since 1989 to provide expertise and the flexibility to respond to varying work demand; and
WHEREAS, there is a continuing need for flexibility to provide timely plan review when City staff are not available to provide the required services within the timeframe established to meet the City’s performance requirements; and WHEREAS, thirteen firms responded to a Request for Proposals released on October 5, 2021 (Specification No. 22-11467-C); and
WHEREAS, a selection committee reviewed the proposals and determined that Telesis Engineers, West Coast Code Consulting, and TRB and Associates were the best qualified to provide the services needed; and
WHEREAS, the cost of the contracted service and overhead is fully recoverable in fees; and
WHEREAS, the contract has been entered in the Citywide contracts database and assigned; and
WHEREAS, funding for miscellaneous professional services is a baseline budget item (621-53-585-634-0000-000-472-612990-), set at $930,000 per year and any additional funding above the baseline will be available from the Fund 621 fund balance to be appropriated as part of a future amendment to the appropriations ordinance (AAO).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager execute a contract, and any amendments with Telesis Engineers for plan checking services for a total contract period of three years in an amount not to exceed $1,500,000 for the Planning and Development Department (from account 621-53-585- 634-0000-000-472-612990-).

BE IT FURTHER RESOLVED that a record signature copy of said contract and any amendments will be on file in the Office of the City Clerk.

130
RESOLUTION NO. ##,###-N.S.

CONTRACT: WEST COAST CODE CONSULTING FOR PLAN CHECKING SERVICES WHEREAS, the City of Berkeley has utilized the services of private plan checking consultants since 1989 to provide expertise and the flexibility to respond to varying work demand; and
WHEREAS, there is a continuing need for flexibility to provide timely plan review when City staff are not available to provide the required services within the timeframe established to meet the City’s performance requirements; and WHEREAS, thirteen firms responded to a Request for Proposals released on October 5, 2021 (Specification No. 22-11467-C); and
WHEREAS, a selection committee reviewed the proposals and determined that Telesis Engineers, West Coast Code Consulting, and TRB and Associates were the best qualified to provide the services needed; and
WHEREAS, the cost of the contracted service and overhead is fully recoverable in fees; and
WHEREAS, the contract has been entered in the Citywide contracts database and assigned; and
WHEREAS, funding for miscellaneous professional services is a baseline budget item (621-53-585-634-0000-000-472-612990-), set at $930,000 per year and any additional funding above the baseline will be available from the Fund 621 fund balance to be appropriated as part of a future amendment to the appropriations ordinance (AAO).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager execute a contract, and any amendments with West Coast Code Consulting for plan checking services for a total contract period of three years in an amount not to exceed $1,500,000 for the Planning and Development Department (from account 621- 53-585-634-0000-000-472-612990-).

BE IT FURTHER RESOLVED that a record signature copy of said contract and any amendments will be on file in the Office of the City Clerk.

131
RESOLUTION NO. ##,###-N.S.

CONTRACT: TRB AND ASSOCIATES FOR PLAN CHECKING SERVICES WHEREAS, the City of Berkeley has utilized the services of private plan checking consultants since 1989 to provide expertise and the flexibility to respond to varying work demand; and
WHEREAS, there is a continuing need for flexibility to provide timely plan review when City staff are not available to provide the required services within the timeframe established to meet the City’s performance requirements; and WHEREAS, thirteen firms responded to a Request for Proposals released on October 5, 2021 (Specification No. 22-11467-C); and
WHEREAS, a selection committee reviewed the proposals and determined that Telesis Engineers, West Coast Code Consulting, and TRB and Associates were the best qualified to provide the services needed; and
WHEREAS, the cost of the contracted service and overhead is fully recoverable in fees; and
WHEREAS, the contract has been entered in the Citywide contracts database and assigned; and
WHEREAS, funding for miscellaneous professional services is a baseline budget item (621-53-585-634-0000-000-472-612990-), set at $930,000 per year and any additional funding above the baseline will be available from the Fund 621 fund balance to be appropriated as part of a future amendment to the appropriations ordinance (AAO).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager execute a contract, and any amendments with TRB and Associates for plan checking services for a total contract period of three years in an amount not to exceed $1,000,000 for the Planning and Development Department (from account 621-53-585- 634-0000-000-472-612990-).

BE IT FURTHER RESOLVED that a record signature copy of said contract and any amendments will be on file in the Office of the City Clerk.

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Office of the City Manager

CONSENT CALENDAR
February 22, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Contract: Cratus Inc. for Storm Drain Improvements Project: Marin Ave, Virginia Street, Grizzly Peak Blvd. & High Court

RECOMMENDATION
Adopt a Resolution approving plans and specifications for Storm Drain Improvements Project, Marin Avenue, Virginia Street, Grizzly Peak Boulevard& High Court, Specification No. 22- 11482-C; accepting the bid of Cratus Inc., as the lowest responsive and responsible bidder; and authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications in an amount not to exceed $1,260,000, which includes a 15% contingency of $171,525.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available from the Clean Storm Water Fund and Measure T1 Fund. No other funding is required, and no further projects are delayed due to this expenditure.

Low bid by Cratus, Inc. $1,088,475
15% Contingency $171,525
Total construction cost $1,260,000
FY 2022 Funding:

Clean Storm Water Fund (616) $ 810,000
Measure T1 Fund (511) $ 450,000
Total construction cost $1,260,000

CURRENT SITUATION AND ITS EFFECTS
The Storm Drain Improvements Marin Ave, Virginia Street, Grizzly Peak Blvd. & High Court Project (Specification No. 22-11482-C) was released for bids on November 19, 2021, and bids were opened on December 16, 2021 (see Attachment 3, Abstract of Bids). Five non-local bids were received, from a low of $1,088,475 to a high of $1,749,550. Cratus Inc. of San Francisco, California, was the lowest responsive and responsible bidder, with a bid of $1,088,475, and their references were found to be satisfactory. Staff recommends a contract for this project be awarded to Cratus Inc. The engineer's estimate for the project was $900,000.

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Contract Award: Cratus, Inc. for Storm Drain Improvement Projects CONSENT CALENDAR February 22, 2022
This storm drain project supports the City's Strategic Plan goals of providing state-of-the-art, well-maintained infrastructure, amenities, and the goal of protecting the environment.

BACKGROUND
The project includes work at various locations. Planned work includes replacing 500 linear feet of deteriorated storm drain pipe and installing 100 linear feet of new storm drain pipe for effective collection of stormwater from the steep terrain of Marin Avenue; rehabilitation of 500 linear feet of storm drain on Euclid Avenue with Cured-in-Place Pipe (CIPP) liner; replacing approximately 230 linear feet of aging corrugated metal pipe from the west side of Grizzly Peak Blvd to Shasta Road. The Grizzly Peak/Shasta pipe will be located in the existing 5-foot-wide easement within the private property limits. The trenchless construction method of horizontal directional drilling will be used to install this section of pipe to minimize construction impacts on adjacent property owners. The project includes work on High Court and San Benito Road to addresses continuous water flows. Project locations are shown in Attachment 2: Location Map.

The project plans and specifications are on file in the Public Works Department. By the California Environmental Quality Act (CEQA) requirements, the project has been determined to be categorically exempt because it consists of the maintenance of existing facilities and does not expand their use beyond existing conditions.

According to City policy, the Living Wage Ordinance does not apply to this project since Public Works construction contracts are subject to state prevailing wage laws. Cratus Inc. has submitted a Certification of Compliance with the Equal Benefits Ordinance. The Community Workforce Agreement applies to this project because the project's estimated value exceeds $500,000. As a result, the contractor and all subcontractors are required to sign an agreement to be bound by the terms of the Agreement.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
During the analysis of this project, the location was analyzed for possible green infrastructure improvements to treat runoff. However, green infrastructure is not recommended for these sites since introducing runoff infiltration to hillside regions could lead to instability of the hillside.

RATIONALE FOR RECOMMENDATION
The work requires contracted services, as the City does not possess the in-house labor or equipment resources necessary to complete the project.

ALTERNATIVE ACTIONS CONSIDERED
The stormwater pipe has reached the end of its useful life and requires immediate attention.

Therefore, no other alternative actions were considered for this drainage improvement project.

CONTACT PERSON
Joe Enke, Manager of Engineering (510) 981-6411
Srinivas Muktevi, Acting Supervising Civil Engineer (510) 981-6402 Attachments:
1: Resolution

134
Contract Award: Cratus, Inc. for Storm Drain Improvement Projects CONSENT CALENDAR February 22, 2022
2: Location Map
3: Bid Results

135
RESOLUTION NO. ##,###-N.S.

CONTRACT: CRATUS INC. STORM DRAIN IMPROVEMENTS PROJECT:

MARIN AVE, VIRGINIA STREET, GRIZZLY PEAK BLVD. & HIGH COURT WHEREAS, Storm Drain Improvements Project, Marin Avenue, Virginia Street, Grizzly Peak Boulevard and High Court is part of the City's ongoing Storm Drain System Capital Improvement Program to rehabilitate deteriorated storm drains located throughout the City; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake this Project; and
WHEREAS, an invitation for bids was duly advertised and Cratus Inc., of San Francisco, California was the lowest responsive and responsible bidder; and WHEREAS, funding is available in the current year's budget in the Clean Storm Water (Fund 616) and Measure T1 (Fund 511).

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Plans and Specification No. 22-11482-C for Storm Drain Improvements Project, Marin Avenue, Virginia Street, Grizzly Peak Boulevard and High Court are approved.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions, or change orders, until completion of the project in accordance with the approved plans and specifications with Cratus Inc, for the Storm Drain Improvements Project, Marin Avenue, Virginia Street, Grizzly Peak Boulevard and High Court, in an amount not to exceed $1,260,000, which includes a 15% contingency for unforeseen circumstances. A record signature copy of the said Agreement and any amendments to be on file in the Office of the City Clerk.

136

MARIN AVE, GRIZZLY PEAK BOULEVARD, VIRGINIA STREET AND HIGH COURT

137
City of Berkeley
Abstract of Bid Worksheet
Finance Department
General Services Division
Bid Date: 12/16/2021
FOR: Storm Drain Improvements - Marin Ave, Virginia St, Grizzly Peak Blvd & High Ct required w/ bid
Bidders Base Bid Bid Bond Addendum
N/A
Experience -
Fin. Qual. Taxpayer ID Nuclear
Free
Oppressive
States
Sanctuary
City EBO
1 McGuire Hester 1,772,402.00$ x x x x x x x 2 Express Plumbing 1,103,200.00$ x x x x x x x 3 Kerex Engineering 1,222,105.00$ x x x x x x x 4 W.R. Forde Associates 1,155,400.00$ x x x x x x 5 Cratus, Inc. 1,088,475.00$ x x x x x x x 6 Andes Construction 1,749,550.00$ x x x x x x x 7 Bid Recorder: _Josh Roben_____________________________________________________________________________ Bid Opener: ___Darryl Sweet____________________________________________________________________________ Project Manager: ___Srinivas Muktevi_________
2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7320 TDD: 510.981.6903 Fax: 510.981.7390 E-mail: [email protected]

138
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 Office of the City Manager

CONSENT CALENDAR
February 22, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland , Director, Department of Public Works Subject: Contract: Cratus, Inc. for Sanitary Sewer Rehabilitation at Various Locations

RECOMMENDATION
Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project, located on Tremont Street, Eton Avenue, Alcatraz Avenue, Mystic Street, Hazel Road, Domingo Road, El Camino Real, El Camino Real Backline, Alvarado Road, Vicente Road, Alvarado Road Backline, Tunnel Road, Roble Court, and Roble Road; accepting the bid of the lowest responsive and responsible bidder, Cratus, Inc.; and
authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $2,590,468, which includes a 10% contingency of $235,497.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available in the FY 2022 Sanitary Sewer Fund 611-54-623-676-3013-000- 473-665130-PWENSR2202.

Low bid by Cratus ........................................................$2,354,971 10% Contingency ................................................................$235,497 Total construction cost $2,590,468

CURRENT SITUATION AND ITS EFFECTS
An Invitation for Bids (Specification. No. 22-11480-C) was released on December 3, 2021 and six non-local bids were received, ranging from a low of $2,354,971 to a high of $4,137,704 (Attachment 3, Bid Results). The engineer's estimate for the project was $4,000,000. Cratus, Inc. of San Francisco, CA was the lowest responsive and responsible bidder with a bid of $2,354,971. Previous work and references for Cratus, Inc. proved satisfactory, thus staff recommends award of the contract to Cratus, Inc.

This sanitary sewer project supports the City's Strategic Plan goals of providing state

139
Contract: Cratus, Inc. for Sanitary Sewer Rehabilitation at Various Locations

CONSENT CALENDAR
February 22, 2022

of-the-art, well-maintained infrastructure, amenities, and the goal of protecting the environment.

BACKGROUND
To remain compliant with the September 22, 2014 Consent Decree, the City has implemented a long-term mandated Sanitary Sewer Capital Improvement Program to eliminate sanitary sewer overflows (SSOs) and to reduce storm water infiltration and inflow into the sanitary sewer system. Under this program, the City utilizes a comprehensive asset management approach based on complex and evolving hydrologic and hydraulic modeling and condition assessments to repair, replace, or upgrade the City's portion of the sanitary sewer system. Ultimately, these actions will assist East Bay Municipal Utility District (EBMUD) in their goal of eliminating discharges from their wet weather facilities by the end of 2035.

This is the eighth year of the twenty-two-year Consent Decree program, which stipulates that the City shall perform collection system repair and rehabilitation to control infiltration and inflow.1 This is in support of and in addition to ongoing work previously identified in the City's Sanitary Sewer Management Plan (SSMP) and Asset Management Implementation Plan (AMIP).

This sanitary sewer project is part of the City's ongoing program to rehabilitate or replace its aging sanitary sewer system, and to eliminate potential health hazards to the public. The project is located on Tremont Street, Eton Avenue, Alcatraz Avenue, Mystic Street, Hazel Road, Domingo Road, El Camino Real, El Camino Real Backline, Alvarado Road, Vicente Road, Alvarado Road Backline, Tunnel Road, Roble Court, and Roble Road as shown on the Location Map (Attachment 2). The sanitary sewer collection system in this area needs immediate rehabilitation to prevent pipe failures, sewer blockages, and leakage problems. Field investigations performed using a closed circuit television camera revealed deteriorated piping and pipe defects in the existing sanitary sewer mains. These conditions are similar to problems previously found in other sanitary sewer mains prior to their replacement.

Planned work entails rehabilitation of approximately 7,139 linear feet of sanitary sewer mains varying in size from 6-inch to 22-inch diameter; maintenance hole rehabilitation; replacement of 4-inch and 6-inch diameter sanitary sewer laterals; and other related work. To reduce traffic impacts, minimize inconvenience to the public, and reduce cost, a majority of this sanitary sewer rehabilitation work will be performed using the pipe bursting and cured-in-place-pipe methods. These trenchless methods allow replacement of buried pipelines without the need for a traditional open trench construction. These methods of pulling a new high-density polyethylene pipe (HDPE) or a new felt liner through the existing clay and concrete pipes allow for cost savings 1 At an average annual rate of no less than 22,120 feet of sanitary sewer mains on a three-fiscal-year rolling average.

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Contract: Cratus, Inc. for Sanitary Sewer Rehabilitation at Various Locations

CONSENT CALENDAR
February 22, 2022

and avoid street closures and traffic disruptions caused by open trenches.

The Living Wage Ordinance does not apply to this project as Department of Public Works construction contracts are subject to State prevailing wage laws. Cratus, Inc. has submitted a Certification of Compliance with the Equal Benefits Ordinance. The Community Workforce Agreement applies to this project because the estimated value of the project exceeds $500,000. As a result, the contractor and all subcontractors will be required to sign an agreement to be bound by the terms of the Agreement.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Improvements to the City's sanitary sewer system will help protect water quality by reducing the frequency of SSOs, and infiltration and inflow into the City's sanitary sewer system that can negatively affect the San Francisco Bay.

RATIONALE FOR RECOMMENDATION
Contracted services are required for the specialized services required for this project, as the City lacks in-house resources needed to complete scheduled sanitary sewer rehabilitation and replacement projects. Further, the City must take timely action to address urgent/emergent sewer repairs without delay as the Consent Decree demands the City repair acute defects within one year of discovery, and complete sanitary sewer mains rehabilitation and replacement at an average annual rate of no less than 22,120 feet on a three-fiscal-year rolling average. The City will have a three-year annual average of approximately 22,160 linear feet of replaced or rehabilitated sewer through the end of FY 2022 on June 30, 2022. Failure to meet these requirements will subject the City to fines and stipulated penalties.

ALTERNATIVE ACTIONS CONSIDERED
No reasonable alternative exists as the City's sanitary sewer pipelines are in poor condition and in need of timely rehabilitation to prevent an increased probability of infiltration and inflows, sanitary sewer leakages, and backup problems in the sanitary sewer system.

CONTACT PERSON
Joe Enke, Manager of Engineering, Public Works, (510) 981-6411 Daniel Akagi, Supervising Civil Engineer, Public Works, (510) 981-6394 Attachments:
1: Resolution
2: Location Map
3: Bid Results

141
RESOLUTION NO. ##,###-N.S.

CONTRACT: CRATUS INC. FOR SANITARY SEWER REHABILITATION –

TREMONT STREET, ETON AVENUE, ALCATRAZ AVENUE, MYSTIC

STREET, HAZEL ROAD, DOMINGO ROAD, EL CAMINO REAL, EL CAMINO

REAL BACKLINE, ALVARADO ROAD, VICENTE ROAD, ALVARADO ROAD BACKLINE, TUNNEL ROAD, ROBLE COURT, AND ROBLE ROAD.

WHEREAS, the Sanitary Sewer Project is part of the City's on-going Sanitary Sewer Capital Improvement Program to rehabilitate or replace the aging and deteriorated sanitary sewer system; and
WHEREAS, the Capital Improvement Program is a requirement of compliance with the National Pollution Discharge Elimination System Permit (NPDES) and California Regional Water Quality Control Board Consent Decree; and
WHEREAS, the City has neither the staff nor the equipment necessary to undertake this Sanitary Sewer Rehabilitation Project and other urgent/emergent sewer repairs; and WHEREAS, on December 3, 2021 the City released an Invitation for Bids (Specification No. 22-11480-C) for sanitary sewer rehabilitation and replacement; and WHEREAS, the City received six bids, and Cratus, Inc. was found to be the lo west responsive and responsible bidder; and
WHEREAS, funds are available in the FY 2022 budget Sanitary Sewer Fund 611; and NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Plans and Specifications No. 22-11480-C for the Sanitary Sewer Rehabilitation Project are approved.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments with Cratus, Inc., until completion of the project in accordance with the approved plans and specifications for the Sanitary Sewer Rehabilitation Project located on Tremont Street, Eton Avenue, Alcatraz Avenue, Mystic Street, Hazel Road, Domingo Road, El Camino Real, El Camino Real Backline, Alvarado Road, Vicente Road, Alvarado Road Backline, Tunnel Road, Roble Court, and Roble Road, in an amount not to exceed $
2,590,468 which includes a 10 % contingency for
unforeseen circumstances. A record signature copy of said agreement and any amendments will be on file in the Office of the City Clerk.

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TREMONT, ETON, ALCATRAZ, MYSTIC, HAZEL, DOMINGO, EL CAMINO, ALVARADO, VICENTE, TUNNEL, ROBLE, ET. AL

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Office of the City Manager

CONSENT CALENDAR
February 22, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject:

Contract: Cratus, Inc. for Sanitary Sewer Rehabilitation at Various Locations on Shattuck Avenue

RECOMMENDATION
Adopt a Resolution approving plans and specifications for the Sanitary Sewer Project, located on Shattuck Avenue from Derby Street to Allston Way and Shattuck Avenue from University Avenue to Vine Street; accepting the bid of the lowest responsive and responsible bidder, Cratus,
Inc.; and authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $3,873,843, which includes a 10% contingency of $352,167.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available in the FY 2022 Sanitary Sewer Fund 611-54-623-676-3013-000- 473-665130-PWENSR2201.

Low bid by Cratus $3,521,676
10% Contingency $352,167
Total construction cost $3,873,843

CURRENT SITUATION AND ITS EFFECTS
An Invitation for Bids (Specification. No. 22-11481-C) was released on December 10, 2021 and four non-local bids were received, ranging from a low of $3,521,676 to a high of $3,940,590 (Attachment 3, Bid Results). The engineer's estimate for the project was $4,100,000. Cratus, Inc, of San Francisco, CA was the lowest responsive and responsible bidder with a bid of $3,521,676. Previous work and references for Cratus, Inc. proved satisfactory, thus staff recommends award of the contract to Cratus, Inc This sanitary sewer project supports the City's Strategic Plan goals of providing state- of-the-art, well-maintained infrastructure, amenities, and the goal of protecting the environment.

BACKGROUND
To remain compliant with the September 22, 2014 Consent Decree, the City has implemented a long-term mandated Sanitary Sewer Capital Improvement Program to

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Contract Cratus, Inc for Sanitary Sewer Rehabilitation CONSENT CALENDAR at Various Locations on Shattuck Avenue February 22, 2022 eliminate sanitary sewer overflows (SSOs) and to reduce storm water infiltration and inflow into the sanitary sewer system. Under this program, the City utilizes a comprehensive asset management approach based on complex and evolving hydrologic and hydraulic modeling and condition assessments to repair, replace, or upgrade the City's portion of the sanitary sewer system. Ultimately, these actions will assist East Bay Municipal Utility District (EBMUD) in their goal of eliminating discharges from their wet weather facilities by the end of 2035.

This is the eighth year of the twenty-two-year Consent Decree program, which stipulates that the City shall perform collection system repair and rehabilitation to control infiltration and inflow.1 This is in support of and in addition to ongoing work previously identified in the City's Sanitary Sewer Management Plan (SSMP) and Asset Management Implementation Plan (AMIP).

This sanitary sewer project is part of the City's ongoing program to rehabilitate or replace its aging sanitary sewer system, and to eliminate potential health hazards to the public.

The project is located on Shattuck Avenue from Derby Street to Allston Way and Shattuck Avenue from University Avenue to Vine Street as shown on the Location Map (Attachment 2). The sanitary sewer collection system in this area needs immediate rehabilitation to prevent pipe failures, sewer blockages, and leakage problems. Field investigations performed using a closed-circuit television camera revealed deteriorated piping and pipe defects in the existing sanitary sewer mains. These conditions are similar to problems previously found in other sanitary sewer mains prior to their replacement.

Planned work entails rehabilitation of approximately 6,363 linear feet sanitary sewer mains varying in size from 6-inch to 36-inch diameter; maintenance hole rehabilitation; replacement of 4-inch and 6-inch diameter sanitary sewer laterals; and other related work. To reduce traffic impacts, minimize inconvenience to the public, and reduce cost, a majority of this sanitary sewer rehabilitation work will be performed using the pipe bursting and cured-in-place-pipe methods. These trenchless methods allo w replacement of buried pipelines without the need for a traditional open trench construction. These methods of pulling a new high-density polyethylene pipe (HDPE) or a new felt liner through the existing clay and concrete pipes allow for cost savings and avoid street closures and traffic disruptions caused by open trenches.

The Living Wage Ordinance does not apply to this project as Department of Public Works construction contracts are subject to State prevailing wage laws. Cratus, Inc. has submitted a Certification of Compliance with the Equal Benefits Ordinance. The Community Workforce Agreement applies to this project because the estimated value of the project exceeds $500,000. As a result, the contractor and all subcontractors will be required to sign an agreement to be bound by the terms of the Agreement. 1 At an average annual rate of no less than 22,120 feet of sanitary sewer mains on a three-fiscal-year rolling average.

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Contract Cratus, Inc for Sanitary Sewer Rehabilitation CONSENT CALENDAR at Various Locations on Shattuck Avenue February 22, 2022

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Improvements to the City's sanitary sewer system will help protect water quality by reducing the frequency of SSOs, and infiltration and inflow into the City's sanitary sewer system that can negatively affect the San Francisco Bay. There are no anticipated negative climate impacts.

RATIONALE FOR RECOMMENDATION
Contracted services are required for the specialized services required for this project, as the City lacks in-house resources needed to complete scheduled sanitary sewer rehabilitation and replacement projects. Further, the City must take timely action to address urgen t/emergent sewer repairs without delay. Finally, subject to fines and stipulated penalties, the Consent Decree demands the City to repair acute defects within one year of discovery, and complete sanitary sewer mains rehabilitation and replacement at an average annual rate of no less than 22,120 feet on a three-fiscal-year rolling average. The City will have a three-year annual average of approximately 22,160 linear feet of replaced or rehabilitated sewer through the end of FY 2022 on June 30, 2022.

ALTERNATIVE ACTIONS CONSIDERED
No reasonable alternative exists as the City's sanitary sewer pipelines are in poor condition and in need of timely rehabilitation to prevent an increased probability of infiltration and inflows, sanitary sewer leakages, and backup problems in the sanitary sewer system.

CONTACT PERSON
Joe Enke, Manager of Engineering, Public Works, (510) 981-6411 Daniel Akagi, Supervising Civil Engineer, Public Works, (510) 981-6394 Attachments:
1: Resolution
2: Location Map
3: Bid Results

147
RESOLUTION NO. ##,###-N.S.

CONTRACT: CRATUS INC. FOR SANITARY SEWER REHABILITATION –

SHATTUCK AVENUE FROM DERBY STREET TO ALISTON WAY AND
SHATTUCK AVENUE FROM UNIVERSITY AVENUE TO VINE STREET.

WHEREAS, the Sanitary Sewer Project is part of the City's on-going Sanitary Sewer Capital Improvement Program to rehabilitate or replace the aging and deteriorated sanitary sewer system; and
WHEREAS, the Capital Improvement Program is a requirement of compliance with the National Pollution Discharge Elimination System Permit (NPDES) and California Regional Water Quality Control Board Consent Decree; and WHEREAS, the City has neither the staff nor the equipment necessary to undertake this Sanitary Sewer Rehabilitation Project and other urgen t/emergent sewer repairs; and
WHEREAS, on December 10, 2021 the City released an Invitation for Bids (Specification No. 22-11481-C) for sanitary sewer rehabilitation and replacement; and WHEREAS, the City received four
bids, and Cratus, Inc. was found to be the lo west
responsive and responsible bidder; and
WHEREAS, funds are available in the FY 2022 budget Sanitary Sewer Fund 611; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Plans and Specifications No. 22-11481-C for the Sanitary Sewer Rehabilitation Project are approved.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a cont ract and any amendments with Cratus, Inc. , until
completion of the project in accordance with the approved plans and specifications for the Sanitary Se wer Rehabilitation Project located on Shattuck Avenue from Derby Street to Allston Way and Shattuck Avenue from University Avenue to Vine Street, in an amount not to exceed $ 3,873,843 which includes a 10 % contingency for unforeseen circumstances. A record signature copy of said agreement and any amendments will be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
February 22, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland , Director, Department of Public Works Subject: Contract: Koios Engineering, Inc. for Urgent Sewer Repair FY2022 Project

RECOMMENDATION
Adopt a Resolution approving plans and specifications for the Urgent Sewer Repair FY2022 Project, located throughout the City of Berkeley; accepting the bid of the lowest responsive and responsible bidder, Koios Engineering, Inc.; and authorizing the City Manager to execute a contract and any amendments, extensions, or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $391,872, which includes a 10% contingency of $35,624.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available in the FY 2022 Sanitary Sewer Fund 611-54-623-676-3013-000- 473-665130-PWENSR2204.

Low bid by Koios Engineering, Inc....................................$356,248 10% Contingency ..................................................................$35,624 Total construction cost $391,872

CURRENT SITUATION AND ITS EFFECTS
An Invitation for Bids (Specification. No. 22-11483-C) was released on December 22, 2021 and eight non-local bids were received, ranging from a low of $356,248 to a high of $581,367 (Attachment 3, Bid Results). The engineer's estimate for the project was $420,000. Koios Engineering, Inc. of San Francisco, CA was the lowest responsive and responsible bidder with a bid of $356,248. References for Koios Engineering, Inc. proved satisfactory, thus staff recommends award of the contract to Koios Engineering, Inc.

This sanitary sewer project supports the City's Strategic Plan goals of providing state

151
Contract: Koios Engineering Inc. for Urgent Sewer Repair FY2022 Project

CONSENT CALENDAR
February 22, 2022

of-the-art, well-maintained infrastructure, amenities, and the goal of protecting the environment.

BACKGROUND
To remain compliant with the September 22, 2014 Consent Decree, the City has implemented a long-term mandated Sanitary Sewer Capital Improvement Program to eliminate sanitary sewer overflows (SSOs) and to reduce storm water infiltration and inflow into the sanitary sewer system. Under this program, the City utilizes a comprehensive asset management approach based on complex and evolving hydrologic and hydraulic modeling and condition assessments to repair, replace, or upgrade the City's portion of the sanitary sewer system. Ultimately, these actions will assist East Bay Municipal Utility District (EBMUD) in their goal of eliminating discharges from their wet weather facilities by the end of 2035.

This is the eighth year of the twenty-two-year Consent Decree program, which stipulates that the City shall perform collection system repair and rehabilitation to control infiltration and inflow.1 This is in support of and in addition to ongoing work previously identified in the City's Sanitary Sewer Management Plan (SSMP) and Asset Management Implementation Plan (AMIP).

This sanitary sewer project is part of the City's ongoing program to rehabilitate or replace its aging sanitary sewer system, and to eliminate potential health hazards to the public. The project is located throughout the City as shown on the Location Map (Attachment 2). The sanitary sewer collection system in this area needs immediate rehabilitation to prevent pipe failures, sewer blockages, and leakage problems. Field investigations performed using a closed-circuit television camera revealed deteriorated piping and pipe defects in the existing sanitary sewer mains. These conditions are similar to problems previously found in other sanitary sewer mains prior to their replacement.

Planned work entails point (spot) repair of 6-inch, 8-inch, and 10-inch diameter sanitary sewer pipe at eighteen locations; rehabilitation of approximately 61 linear feet of sewer mains; rehabilitation of maintenance holes; construction of maintenance holes; and any related work. These repairs will correct existing acute defects including imminent structural failures identified during the FY2021 sewer main inspection and condition assessment program. The planned scope of work also includes provision for emergency/urgent work related to acute sewer system defect at other locations that may arise during FY 2022. As required by the EPA and regional Water Quality Control Board (RWQCB) Consent Decree, such acute defects must be addressed within one year of being identified. The contract’s eighty-five working day term includes a forty working day construction period, and an additional forty-five working days for project 1 At an average annual rate of no less than 22,120 feet of sanitary sewer mains on a three-fiscal-year rolling average.

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Contract: Koios Engineering Inc. for Urgent Sewer Repair FY2022 Project

CONSENT CALENDAR
February 22, 2022

closeout. A 10% contingency is included for related construction events.

The Living Wage Ordinance does not apply to this project as Department of Public Works construction contracts are subject to State prevailing wage laws. Koios Engineering, Inc. has submitted a Certification of Compliance with the Equal Benefits Ordinance.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Improvements to the City's sanitary sewer system will help protect water quality by reducing the frequency of SSOs, and infiltration and inflow into the City's sanitary sewer system that can negatively affect the San Francisco Bay.

RATIONALE FOR RECOMMENDATION
Contracted services are required for the specialized services required for this project, as the City lacks in-house resources needed to complete scheduled sanitary sewer rehabilitation and replacement projects. Further, the City must take timely action to address urgent/emergent sewer repairs without delay as the Consent Decree demands the City to repair acute defects within one year of discovery, and complete sanitary sewer mains rehabilitation and replacement at an average annual rate of no less than 22,120 feet on a three-fiscal-year rolling average. The City will have a three-year annual average of approximately 22,160 linear feet of replaced or rehabilitated sewer through the end of FY 2022 on June 30, 2022. Failure to meet consent decree requirements will subject the City to fines and stipulated penalties.

ALTERNATIVE ACTIONS CONSIDERED
No reasonable alternative exists as the City's sanitary sewer pipelines are in poor condition and in need of timely rehabilitation to prevent an increased probability of infiltration and inflows, sanitary sewer leakages, and backup problems in the sanitary sewer system.

CONTACT PERSON
Joe Enke, Manager of Engineering, Public Works, (510) 981-6411 Daniel Akagi, Supervising Civil Engineer, Public Works, (510) 981-6394 Attachments:
1: Resolution
2: Location Map
3: Bid Results

153
RESOLUTION NO. ##,###-N.S.

CONTRACT: KOIOS ENGINEERING INC. FOR URGENT SEWER REPAIR FY2022 PROJECT.

WHEREAS, the Sanitary Sewer Project is part of the City's on-going Sanitary Sewer Capital Improvement Program to rehabilitate or replace the aging and deteriorated sanitary sewer system; and
WHEREAS, the Capital Improvement Program is a requirement of compliance with the National Pollution Discharge Elimination System Permit (NPDES) and California Regional Water Quality Control Board Consent Decree; and
WHEREAS, the City has neither the staff nor the equipment necessary to undertake this Sanitary Sewer Rehabilitation Project and other urgent/emergent sewer repairs; and WHEREAS, on December 22, 2021 the City released an Invitation for Bids (Specification No. 22-11483-C) for sanitary sewer rehabilitation and replacement; and WHEREAS, the City received eight bids, and Koios Engineering, Inc. was found to be the lowest responsive and responsible bidder; and
WHEREAS, funds are available in the FY 2022 budget Sanitary Sewer Fund 611; and NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Plans and Specifications No. 22-11483-C for the Urgent Sewer Repair FY2022 Project are approved.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a cont ract and any amendments with Koios Engineering, Inc. , until completion of the project in accordance with the approved plans and specifications for the Urgent Sewer Repair FY2022 Project located throughout the City, in an amount not to exceed $ 391,872 which includes a 10 % contingency for unforeseen circumstances. A record signature copy of said agreement and any amendments will be on file in the Office of the City Clerk.

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Josh Roben
Darryl Sweet
Stephanie Angcla

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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
February 22, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Contract No. 108090-1 Amendment: IPS Group, Inc. for Parking Meter Operations

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 108090-1 with IPS Group, Inc. to provide parking meters, replacement parts, and support services, increasing the contract amount by an additional $1,891,415 for a total contract amount not to exceed $8,924,872 through June 30, 2024.

FISCAL IMPACTS OF RECOMMENDATION
The total cost of the amendment is $1,891,415 which includes parking meters and multi- space (pay and display) pay stations, replacement parts, supplies, wireless data connection fees, system licenses, and repair services to maintain the City’s parking meter system for two years. Funding is available in the Parking Meter Fund (Fund 631) in the amount of $195,000 for FY 2022 with an additional $320,000 to be appropriated as part of the Second Annual Appropriations Ordinance with the remaining amount of this contract amendment to be appropriated as part of the FY 2023/2024 budget process.

CURRENT SITUATION AND ITS EFFECTS
The City uses approximately 2,200 single-space parking meters and 230 multi-space pay stations supplied by IPS Group, Inc. to manage public on-street parking in commercial districts throughout the City. IPS “smart” meters accept coin and credit card payments, and are equipped with T-Mobile and Verizon modems allowing them to connect to cellular networks to receive programming and send transaction-related information. Staff retrieve transaction data and program meters via a web-based software operating system that is maintained by the vendor.

Since 2019, staff has been replacing the single space meters’ original 2G modems with upgraded 4G modems. 2G connections are very slow and outmoded and these networks are currently being phased out by mobile carriers. Verizon’s 2G network was shut off at the end of calendar year 2020, and T-Mobile’s 2G network will be shut off by at the end of calendar year 2022. Due to funding gaps and vendor part unavailability resulting from the ongoing pandemic, the City has not yet completed upgrading the

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Contract No. 10145A Amendment: IPS Group, Inc. for Parking Meter CONSENT CALENDAR Operations February 22, 2022

modems for single space parking meters. Approximately one-third of single space meters still need to be upgraded, as do all 240 pay and display pay stations. The 4G upgrades are needed to support all meter functionality, including: all payment/revenue transactions, setting rates and time limits, and alerting staff to malfunctions. Without the upgrades, these activities will not be possible.

Amending the existing contract to extend the term by two years will result in completing the parking meter upgrades and maintaining operations

BACKGROUND
The City has used IPS “smart” coin and credit card meters since December 2010, when they were introduced via the grant-funded Berkeley Transportation Action Plan (B-TAP) to facilitate demand-responsive pricing and time limit adjustments.1 The B-TAP pilot project was later renamed the goBerkeley parking management program, and became a permanent baseline program in 2015.

The City expanded the use of IPS single-space meters in 2011, and by the end of 2014, IPS meters were installed citywide. As part of the existing contract, IPS multi-space pay stations were installed in 2015. Since its initial use in Berkeley, the equipment has been a cost-effective parking management mechanism, positively impacting operations by making it easier for customers to pay for parking while improving the integrity of parking data for staff. The City assumes a ten-year operable lifespan for single-space meters, and seven years for pay stations, which are already in need of replacement.

In November 2015, the City entered into a contract with IPS Group, Inc. via Resolution No. 67,093-N.S.2 The contract was last extended via an amendment authorized by Resolution No. 69,419-N.S. in May 2020 to provide funding for critical infrastructure upgrades for cellular network connectivity and to extend the contract to June 30, 2022.3 At the time, staff expected that a two-year extension would be sufficient to complete the upgrade work and issue a new Request for Proposals. However, this work has not yet been completed due to gaps in funding and vendor resource constraints resulting from the ongoing pandemic.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Both parking meter types are powered by environmentally friendly solar panels and a combination rechargeable and back-up battery pack. The pay stations include sensors that conserve battery life from the LED lighting that is illuminated with detection of customer presence or when a transaction is initiated. Additionally, proximity sensors in pay stations will “awaken” a meter upon a customer’s arrival, thereby maximizing power efficiency.
1 Resolutions 65,118-N.S. and 65,119-N.S.
2 June 23, 2015 City Council Agenda: https://bit.ly/394lzH9 3 May 26, 2020 City Council Resolution: https://bit.ly/3wDNXgW

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Contract No. 10145A Amendment: IPS Group, Inc. for Parking Meter CONSENT CALENDAR Operations February 22, 2022

RATIONALE FOR RECOMMENDATION
The IPS parking meter system, including single-space meters and pay stations, the web-based meter programming software, replacement parts, and support services are required to maintain the City’s parking management operations, which generate revenue for the City. Furthermore, upgrading the single space meter modems to 4G is a critical task that must be completed before T-Mobile shuts down their 2G network at the end of 2022.

ALTERNATIVE ACTIONS CONSIDERED
Council could extend the term of the contract for only one year. While this would allow for the modem upgrades to be completed to the aging meter equipment, it would severely constrain the time available for staff to manage a complex procurement process for a replacement meter system. Additionally, a two-year extension allows the City to memorialize current parts and services costs, protecting against future vendor price increases.

CONTACT PERSON
Farid Javandel, Deputy Director, Public Works, 981-7061 Danette Perry, Parking Services Manager, Public Works, 981-7057 Attachment:
1: Resolution

159
RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 10145A AMENDMENT: IPS PARKING METERS, PAY STATIONS,

MANAGEMENT SYSTEM, AND ASSOCIATED SUPPORT SERVICES
WHEREAS, on June 23, 2015 by Resolution No. 67,093-N.S. the City Council authorized Contract No. 10145 with IPS Group, Inc. for multi-space and single space parking meters, parts, supplies, and fees for wireless data connections, system licenses, software escrow, and warranties; and
WHEREAS, IPS meters accept coin and credit card payments, and were originally equipped with T-Mobile and Verizon 2G modems allowing them to connect to cellular networks to receive programming and send transaction-related information; and

WHEREAS, the City purchased and installed IPS single-space meters and multi-space pay stations from November 2015 to June 2017, for which the contract provides a data management system, replacement parts, support, fees, and licenses; and WHEREAS, the City is actively upgrading single space meters to 4G modems as T-Mobile and Verizon are phasing out their 2G networks, and as of December 2021 one-third of single space meters and all pay stations still need to be upgraded; and WHEREAS, the 4G upgrades are needed to support all meter functionality, including: all payment/revenue transactions, setting rates and time limits, and alerting staff to malfunctions; and without the upgrades, these activities will not be possible; and WHEREAS, the City assumes a ten-year operable lifespan for single-space meters, and seven years for pay stations, which already need replacement; and WHEREAS, the contract was last amended on July 17, 2020 following Council authorization via Resolution No. 69,419-N.S., and is set to expire June 30, 2022; and WHEREAS, Council approval is needed to extend the contract through June 30, 2024, to ensure the existing meter system is upgraded and maintained, by which time a new RFP process for a replacement parking meter system is expected to be completed; and WHEREAS, the funding of $1,891,415 for the contract amendment is from the Parking Meter Fund (Fund 631), and funding is subject to appropriation in the FY 2023 budget and in the FY 2024 budget; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that City Manager is authorized to enter a contract and any amendments with IPS Group, Inc. for a total amount not to exceed $8,924,872 through June 30, 2024 for single-space parking

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February 22, 2022

meters and pay stations, upgrades, replacement parts, system maintenance, fees, and licenses.

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

CONSENT CALENDAR
February 22, 2022
To: Honorable Members of the City Council
From: Mayor Jesse Arreguín (Author), Councilmember Terry Taplin (Co-Sponsor), Councilmember Kate Harrison (Co-Sponsor)
Subject: Supporting the Agricultural Labor Relations Voting Choice Act

RECOMMENDATION
Adopt a Resolution in support of the Agricultural Labor Relations Voting Choice Act.

Send a copy of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, and Assemblymember Buffy Wicks.

BACKGROUND
Under the 1975 Agricultural Labor Relations Act (ALRA), farm workers have the right to choose whether they want to be represented by a union. This representation election is held via secret ballot at a polling place designated by the Agricultural Labor Relations Board (ALRB), which is usually at the place of employment.

In recent years, the State of California has taken actions to make voting more accessible. This includes making it easier to vote by mail, increasing early voting, and the ability to drop off ballots at multiple locations. Many of these actions took place in response to the COVID-19 pandemic at a time when people may not have felt comfortable going inside a voting station. Not only did these actions ensure that voter turnout did not decrease during the pandemic, but it led to an increase in voter turnout.

In the 2016 election, voter turnout in California was 78.0%. In 2020, it increased to

87.9%, the highest turnout since 1952.

The Agricultural Labor Relations Voting Choice Act looks to build upon to successes of California’s voter reform by updating the ALRA. Specifically, it would allow farmworkers to vote using a representation ballot card, in addition to the existing voting procedures.

This option would be beneficial to people who have a language barrier and/or lack familiarity with the voting process.

The City of Berkeley has long supported advancing election reform and supporting the United Farm Workers (UFW). In 1974, in the buildup to the passage of the ALRA, the City Council adopted a couple of resolutions in support of UFW, including support for AB 3370, which while it ultimately was not adopted, it laid the foundation for the ALRA.

FINANCIAL IMPLICATIONS
None

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Agricultural Labor Relations Voting Choice Act CONSENT CALENDAR February 22, 2022

ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental effects or opportunities associated with adopting this recommendation.

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

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

SUPPORTING THE AGRICULTURAL LABOR RELATIONS VOTING CHOICE ACT WHEREAS, in 1975, farm workers won the right to vote for union representation under California’s Agricultural Labor Relations Act and under the California Agricultural Labor Relations Act, farm worker representation elections were conducted the way other political elections were – at a physical polling place; and WHEREAS, since then, the state has updated how Californians vote for their local, state and federal elected officials by making it easier to register to vote, increasing the amount of time to vote, adding more ways and access to vote, allowing someone else to turn in their ballot, this bill would similarly update how a farm worker exercises their existing right to vote for union representation; and
WHEREAS, California law was also changed to allow all state and local public workers - including teachers, firefighters, nurses, and staff - to vote to have a union by simply signing a union representation card; and
WHEREAS, following the 2020 general elections, Governor Gavin Newsom said, “Making voting easier, providing more choice, more opportunity…is fabulous” and signed into law ways to make it easier for Californians to vote in his elections, including the Recall Election in 2021 and the upcoming 2022 election; the Agricultural Labor Relations Voting Choice Act would afford farm workers similar opportunities in union representation elections by helping to facilitate farm workers’ longstanding right to vote, free from any form of vote suppression; and
WHEREAS, under the Agricultural Labor Relations Voting Choice Act, the ballots will continue to remain secret, farm workers will have a choice to vote at a “polling place” as they do now, or they can receive assistance in filling out and returning their “representation ballot card” as long as the person who assists them co-signs the representation ballot card and returns it to the state agency overseeing farm worker union elections, the Agricultural Labor Relations Board, in a sealed and signed envelope.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it hereby supports the United Farm Workers (UFW) in urging the Legislature and Governor to support the Agricultural Labor Relations Voting Choice Act in 2022.

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CONSENT CALENDAR
February 22, 2022
To: Honorable Mayor and Members of the City Council
From: Councilmember Terry Taplin
Subject: Budget Referral: Channing Street Bike Boulevard Improvements

RECOMMENDATION
That the City Council refers to the FY2023 budget process the funding of the following bicycle and pedestrian improvements along Channing Street:
● Approx. $200,000 for four (4) Traffic Circles at Seventh Street, Ninth Street, Browning Street, and Bonar Street
● Approx. $50,000 for one (1) Traffic Diverter at Tenth Street ● Approx. $500,000 for two (2) Pedestrian Hybrid Beacons (PHB) at San Pablo Avenue and Sacramento Street
● Approx. $70,000 for Rapid Rectangular Flashing Beacons (RRFB) and a median refuge island at Sixth and Channing Way

CURRENT SITUATION AND ITS EFFECTS
Following the sudden halt that COVID-19 brought to Berkeley’s community life in March of 2020, the City Council launches its “Healthy Streets” program, which closed down over four miles of residential streets to through-traffic in order offer right-of-way space for pedestrians, cyclists, and socially distanced gatherings which were in high demand.

As of December 2021, the Healthy Streets program has come to a close, and while many of Berkeley’s residents have returned to their regular work and school routines, the close of the Healthy Streets network has been a loss for pedestrians and cyclists who found a reprieve from heavy car traffic in the Healthy Streets.

The end of the Health Streets program is a reminder of the serious need for the City Council to complete the vision of an interconnected network of safe streets laid out in the Bicycle Plan, Pedestrian Plan, and Vision Zero Action Plan. As Berkeley enters a new year that will almost certainly bring the serious injury and death of cyclists and pedestrians throughout the City, the Council must continue to fund the infrastructure improvements necessary to let all residents and visitors travel safely. The central proposal of Berkeley’s Bicycle Plan is the establishment of a network of Bicycle Boulevards that connect to the whole City with improvements on each Boulevard that

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make bike travel safer by slowing and deterring automobile traffic.1 Among the many Bicycle Boulevards that are in need of improvements, Channing Street runs the length of Berkeley from West to East and is in need of improvements for both pedestrians and cyclists.

For the Channing Bicycle Boulevard, the Bicycle Plan recommends traffic circles at Seventh Street, Ninth Street, Browning Street, and Bonar Street, traffic diverters at Tenth Street, Rapid Rectangular Flashing Beacons (RRFB) and a median refuge island at Sixth Street, and Pedestrian Hybrid Beacons (PHB) at Sacramento Street and San Pablo Avenue.2 These improvements seek to slow the car traffic that remains on the Bicycle Boulevard, divert traffic away from Channing at key intersections, and allow for the safe and seamless travel of cyclists across dangerous arterial streets. This proposal does not encompass all of the recommended improvements for Channing Street, but prioritizes those improvements within the Equity Priority Area and High-Injury Streets identified by the Vision Zero Action Plan.3

FISCAL IMPACTS
Staff time and an estimated $820,0004 for the following improvements:
● Approx. $200,000 for four (4) traffic circles
● Approx. $50,000 for one (1) traffic diverter
● Approx. $500,000 for two (2) Pedestrian Hybrid Beacons (PHB) ● Approx. $70,000 for Rapid Rectangular Flashing Beacons (RRFB) and a median refuge island

ENVIRONMENTAL IMPACTS AND CLIMATE IMPACTS
Establishing a network of safe streets for pedestrians and bicycles, promoting bicycle literacy, and distributing bicycles to those in need incentivize nonautomobile travel, reducing greenhouse gas emissions. The City estimates that transportation-related emissions accounts for approximately 60% of our community’s total annual greenhouse gas emissions.5 By encouraging alternatives to car transportation by making pedestrian and cyclist infrastructure safer and more accessible, these improvements stand to lower the emissions from our community’s dominant source of carbon emissions.

CONTACT
Terry Taplin, Councilmember, District 2, (510) 981-7120 1https://www.cityofberkeley.info/uploadedFiles/Public_Works/Level_3_-_Transportation/Berkeley-Bicycle-Plan- 2017_Ch5_ProposedBikewayNetwork.pdf
2https://www.cityofberkeley.info/uploadedFiles/Public_Works/Level_3_-_Transportation/Berkeley-Bicycle-Plan- 2017_AppendixE_Project%20Recs%20Priorities(1).pdf
3https://www.cityofberkeley.info/uploadedFiles/Public_Works/Level_3_- _Transportation/Berkeley_Vision_Zero_Action_Plan_Approved_03102020.pdf 4https://www.cityofberkeley.info/uploadedFiles/Public_Works/Level_3_-_Transportation/Berkeley-Bicycle-Plan- 2017_AppendixE_Project%20Recs%20Priorities(1).pdf
5https://www.cityofberkeley.info/Clerk/City_Council/2018/12_Dec/Documents/2018-12- 06_WS_Item_01_Climate_Action_Plan_Update_pdf.aspx

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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7120 ● TDD: (510) 981-6903 E-Mail: [email protected]

CONSENT CALENDAR
February 22, 2022
To: Honorable Mayor and Members of the City Council
From: Councilmember Taplin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), Mayor Arreguin (Co-Sponsor) Subject: Streamlining Toxic Remediation in Manufacturing Districts

RECOMMENDATION
Refer to the City Manager the development of a streamlined process that would allow for one application process, rather than separate application processes for the City’s Planning Department and the Toxics Division; and refer to the Planning Commission several amendments to the zoning code in order to facilitate toxic remediation in manufacturing districts; in addition, refer to expedite consideration of Councilmembers Wozniak and Moore’s 2012 referral1 to the Planning Commission referenced in Background section, and request it be moved forward as quickly as possible; in addition, refer to the City Manager to consider any and all means to streamline and/or improve the city’s processing of remediation of toxic sites.

POLICY COMMITTEE RECOMMENDATION
On January 20, 2022, the Land Use, Housing & Economic Development Policy Committee took the following action: M/S/C (Hahn/Robinson) Positive recommendation to refer the item to Council as amended to expand the scope of the referral and specifically request expedited Planning Commission review of the previous 2012 referral. Vote:All Ayes.

FINANCIAL IMPLICATIONS
Staff time.

CURRENT SITUATION AND ITS EFFECTS
Streamlining toxic remediation in manufacturing districts is a Strategic Plan Priority Project, advancing our goal to be a global leader in addressing climate change, advancing environmental justice, and protecting the environment. Expediting toxic 1https://www.cityofberkeley.info/uploadedFiles/Clerk/Level_3_-_City_Council/2012/05May/2012-05- 01_Item_20_Amend_the_Zoning_Code_to_Facilitate_Toxic_Remediation.pdf

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remediation is also a racial equity issue, in light of research showing that environmental hazards are more likely to be sited in minority neighborhoods.234 The current process for toxic remediation in manufacturing districts that require the removal of a building, whether or not it is currently in use, is lengthy and inefficient.

There may be some amendments that can be made to the zoning code to make the process much more efficient.

Currently, the City of Berkeley Municipal Code Section 23C.08.050 reads as follows:

Demolitions of Buildings Used for Commercial, Manufacturing or Community, Institutional or Other Non-residential Uses
A. A main building used for non-residential purposes may be demolished subject to issuance of a Use Permit.

B. A demolition of an accessory building containing less than 300 square feet of floor area is permitted as of right; an accessory building containing 300 square feet or more of floor area may be demolished subject to an AUP.

C. Any application for a Use Permit or AUP to demolish a non-residential building or structure which is 40 or more years old shall be forwarded to the Landmarks Preservation Commission (LPC) for review prior to consideration of the Use Permit or AUP. The LPC may initiate a landmark or structure-of-merit designation or may choose solely to forward to the Board its comments on the application. The Board shall consider the recommendations of the LPC in considering its action on the application.

D. A Use Permit or an AUP for demolition of a non-residential building or structure may be approved only if the Board or Zoning Officer finds that the demolition will not be materially detrimental to the commercial needs and public interest of any affected neighborhood or the City, and one of the following findings that the demolition:

1. Is required to allow a proposed new building or other proposed new Use;

2. Will remove a building which is unusable for activities which are compatible with the purposes of the District in which it is located or which is infeasible to modify for such uses;

3. Will remove a structure which represents an unabatable attractive nuisance to the public; or

4. Is required for the furtherance of specific plans or projects sponsored by the City or other local district or authority. In such cases, it shall be demonstrated that it is infeasible to obtain prior or concurrent approval for the new construction or new use which is contemplated by such specific plans or projects and that adhering to 2 Pastor, M., Sadd, J., & Hipp, J. (2001). Which came first? Toxic facilities, minority move‐in, and environmental justice. Journal of urban affairs, 23(1), 1-21. 3 Neumann, C. M., Forman, D. L., & Rothlein, J. E. (1998). Hazard screening of chemical releases and environmental equity analysis of populations proximate to toxic release inventory facilities in Oregon.

Environmental Health Perspectives, 106(4), 217-226.
4 Bolin, B., Matranga, E., Hackett, E. J., Sadalla, E. K., Pijawka, K. D., Brewer, D., & Sicotte, D. (2000).

Environmental equity in a sunbelt city: the spatial distribution of toxic hazards in Phoenix, Arizona. Global Environmental Change Part B: Environmental Hazards, 2(1), 11-24.

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such a requirement would threaten the viability of the plan or project. (Ord. 6478- NS § 4 (part), 1999)

Prior to any demolition, the project must be granted a Use Permit or an AUP, requiring findings, none of which include toxic remediation under a building.

BMC Section 23E.80.909 Paragraph D states that

D. Except as permitted under 23E.80.045, subdivisions A.1 or A.2, in order to approve a Use Permit under Section 23E.80.045 to change the use of or remove more than 25% of the floor area of a building currently or most recently used for manufacturing, wholesale trade or warehousing, the Zoning Officer or Board must find:

1. Any necessary Use Permits that have been approved to provide comparable quality replacement manufacturing, wholesale trade and/or warehousing space in Berkeley at a comparable rent and that such replacement space will be available before the demolition or change of use of the space; or

2. As a result of lawful business and building activities, there are exceptional physical circumstances (exclusive of the presence of hazardous materials in the building(s), soil or groundwater) found at the building not generally found in industrial buildings in the District which make it financially infeasible to reuse the building for any of the range of manufacturing, wholesale trade or warehouse uses permitted in the District. The analysis of the financial feasibility effects (which shall be verified by the City) of these physical circumstances shall consider those costs necessary to make the building meet current minimum standards for manufacturing, wholesale trade or warehouse buildings; and

3. Appropriate mitigation has been made for loss of the manufacturing, warehousing or wholesale trade space in excess of 25% of that space through providing such space elsewhere in the City, payment into the West Berkeley Building Acquisition Fund, or by other appropriate means.

This requires findings that allow the removal of a building where there are “exceptional physical circumstances,” but such circumstances specifically do not include “presence of hazardous materials in the building(s), soil, or groundwater.”

BACKGROUND
In order to streamline toxic soil remediation, former Councilmembers Wozniak and Moore recommended adding a fifth provision to Chapter 23C.08.050 Paragraph D stating: “It is required to allow the remediation of toxic soil in conformance with DTSC Clean-up Requirements and a City of Berkeley approved toxic clean-up and monitoring program.”
The councilmembers additionally recommended that Chapter 23E.80.090 Findings should be amended to include a new finding number 4 stating that: “As a result of previous building activities there are hazardous materials that are required to be remediated and monitored which could not otherwise be fully characterized, remediated or monitored without demolition of the building(s).”

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The City Council approved this referral5 to the Planning Commission in 2012, but the Commission failed to address this issue last year. The Commission must be directed to consider the above recommendations to improve the toxic remediation process as soon as possible, with support from city staff as needed.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
As the level of the San Francisco Bay rises in the coming decades due to climate change, the toxic waste that lies in Berkeley’s flatland soil will become more dangerous for current and future residents. During highwater storm events, the toxic contents of West Berkeley soils have an increased chance of seeping into homes and businesses.6 A streamlined toxic soil remediation process will reduce Berkeley’s industrial pollution at a fast pace, improving soil and water quality and likely improving the environmental health of those who live in the former manufacturing areas of Berkeley. As is the case with many cities around the world, the residents who live the closest to the polluted soils have historically been people of color. Due to this, this effort will take a major step towards reducing environmental racism in Berkeley. Furthermore, remediating Berkeley’s toxic waste in light-industrial zones may encourage the redevelopment of the toxic land into future clean manufacturing uses, an essential plank of the Green New Deal, that Berkeley must encourage in its pursuit of decarbonization.

CONTACT PERSON
Councilmember Terry Taplin Council District 2 510-981-7120 5https://www.cityofberkeley.info/uploadedFiles/Clerk/Level_3_-_City_Council/2012/05May/2012-05- 01_Item_20_Amend_the_Zoning_Code_to_Facilitate_Toxic_Remediation.pdf 6https://www.nbcbayarea.com/investigations/toxins-long-buried-may-surface-as-groundwater- rises/2718842/#:~:text=Water%20rising%20beneath%20the%20ground,the%20San%20Francisco%20Bay%20Area. &text=Experts%20tell%20NBC%20Bay%20Area,event%2C%20or%20as%20groundwater%20rises.

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Kate Harrison
Councilmember District 4
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 644-1174 E-Mail: [email protected]

CONSENT CALENDAR
February 22, 2022
To: Honorable Mayor and Members of the City Council
From: Vice Mayor Harrison
Subject: Adopt a Resolution in Support of the California State Legislature Introducing and Passing a California Resident-Designated Support Person Act

RECOMMENDATION
Adopt a resolution in support of the California State Legislature introducing and passing a Resident-Designated Support Person Act.

Send copies of the resolution and letters to State Senator Skinner, Assemblymembers Wicks and Bonta.

CURRENT SITUATION, EFFECTS, AND RATIONALE FOR RECOMMENDATION The COVID-19 pandemic has had a devastating impact on residents of long-term care facilities. In addition to sickness and death from COVID-19 infections, residents suffered incalculable mental and physical health losses due to draconian visitation restrictions that separated residents from their families, friends, and essential support persons, who often provide life-saving and other services to their loved ones.

It is essential, at all times, for individuals residing in long-term care facilities to have access to family members and friends who provide critical supportive services which may include, but are not limited to, emotional, mental, medical, financial, social and physical support. Therefore, it is in the public interest for the California Legislature to immediately introduce legislation that allows residents to have immediate and unscheduled physical access to designated support persons without restriction on time, frequency, physical contact, or proximity during health emergencies such as the COVID-19 pandemic.

This Resolution and the accompanying letters to members of the state legislature call for urgent introduction and passage of such legislation.

BACKGROUND
For the past two years of the COVID-19 pandemic, residents of long-term care facilities and their family members faced the unimaginable hardship and loss: the virus took the lives of over 13,000 nursing home and assisted living facility residents and staff in California. As stated by the California for Nursing Home Reform (CANHR) advocacy

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Adopt a Resolution in Support of the California State Legislature Introducing and Passing a California Resident-Designated Support Person Act

CONSENT CALENDAR
February 8, 2022
organization, the virus was not the only threat to such residents: “[u]nable to visit residents, family members watched their loved ones deteriorate from isolation.” Throughout the pandemic and especially during the various surges of the virus, public health officials ordered health emergency visitation restrictions without appropriately weighing the potential harm to residents from critical supportive services which may include, but are not limited to, emotional, mental, social and physical support that are often best provided by friends and family.

Support persons with access to in-person contact enjoy, among other things, companionship, psycho-social support, cognitive stimulation, communication assistance, assistance with daily living tasks such as eating, dressing and hygiene support, meaningful connection, relational continuity, decision-making assistance, transportation, physical activities, and fulfill other personal needs for long term care facility residents. Recognition of the support role played by designated friends and family should not be seen as a substitute for consistent, ongoing care from facility staff, but rather part of the broader web of wholistic care.

Fortunately, the CANHR organization has drafted a “Resident-Designated Support Persons Act” that would allow long term care facility resident or resident representatives1 to designate up to two individuals to provide in-person, on-site, support for a resident during state and local public health emergencies. Subject only to denial by the resident or their representative, the designated support person would have the right to enter the resident’s dwelling at any time and provide private support as needed in an unscheduled manner and without limits to the duration or frequency of their visits.

Facilities would also allow individual residents to have at least one of their designated support persons physically present at any time.

A resident’s right to visitation with designated support persons would also include the right to leave the facility on outings, with or without accompaniment by the designated support persons, so long as reasonable infection control precautions are taken.

Residents who exercise this right to outings may not be required to quarantine or isolate upon their return to the facility unless there is a known exposure to a contagious infection.

Critically, under the propose legislation, facilities may require designated support persons to adhere to the same, but not greater, infection control protocols required of care staff during a public health emergency, and facilities are required to provide personal protective equipment and any other mandated resources such as infection testing and relevant infection control training to designated support persons at no cost to the resident or designated support person.
1 An individual who has authority to act on behalf of the resident, including but not limited to, a conservator, guardian, person authorized as agent in the resident's advance health care directive, the resident's spouse, registered domestic partner, or family member, a person designated by the resident to act as a representative, or other surrogate decisionmaker designated consistent with statutory and case law.