Berkeley City Council
April 12, 2022

Tuesday, April 12, 2022 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, April 12, 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 accessibl e 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/86759332010. 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 reque st 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 : 867 5933 2010 . 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.

Tuesday, April 12, 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 speak again at the time the matter is taken up during the Action Calendar.

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

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

Consent Calendar
Tuesday, April 12, 2022 AGENDA Page 3

1. Implementation of Redistricting Plan for City Council District Boundaries From: Independent Redistricting Commission
Recommendation: Adopt second reading of Ordinance No. 7,803-N.S. implementing the adjusted City Council District Boundaries as approved by the Independent Redistricting Commission.

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

Financial Implications: None
Contact: Mark Numainville, Commission Secretary, (510) 981-6900

2. Amending Berkeley Municipal Code (BMC) Chapter 12.70 Sections 12.70.031 and 12.70.050A.1 to align with State and Local Laws
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,804-N.S. amending Berkeley Municipal Code (BMC) Chapter 12.70 Smoking Pollution Control to incorporate two changes:
1) Amending BMC 12.70.030 to replace the outdated term “Dispensary” with “Cannabis Retailer” in order to align with the State’s Medicinal and Adult-Use of Cannabis Safety and Regulation Act (MAUCSRA); and
2) Revise BMC Chapter 12.70.050.A.1 to clarify that smoking tobacco is allowed at a tobacco retailer, and smoking cannabis is allowable at a Cannabis Retailer, subject to Council-approved BMC Sections 23.320.020.F.2, 12.21.020.U, V, and Y, and

12.22.040.F.2 allowing “Cannabis Lounges”.

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

Financial Implications: None
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

3. Referral Response: Research and Development (R&D) Definition From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,805-N.S. that modifies the land use definition of Research and Development (R&D) [Berkeley Municipal Code (BMC) Division 5: Glossary – Defined Terms 23.502.020].

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

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

Consent Calendar
Tuesday, April 12, 2022 AGENDA Page 4

4. 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, December 14, 2021, January 10, 2022, February 8, 2022, March 8, 2022, and March 22, 2022.

Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950

5. Collection of Parking Space Rental Tax for City Owned Parking Lots; and Amending BMC Section 6.24.050
From: City Manager
Recommendation: Adopt a Resolution authorizing the collection of Parking Space Rental Tax for City of Berkeley owned off street parking lots pursuant to BMC

7.48.070 starting June 1, 2022, and adopt first reading an Ordinance amending BMC

6.24.050 to allow Parking Space Rental Tax to be placed in the general fund instead of a special fund.

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

6. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on April 12, 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: Various Funds - $710,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

7. Purchase Order: Eight (8) Emergency Vehicle Utility Pickup Trucks for the Berkeley Fire Department
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to waive the competitive procurement process for purchase and upfitting of emergency vehicles for the Berkeley Fire Department (Department) for eight (8) utility pickup vehicles in an amount not to exceed $621,000.

Financial Implications: Various Funds - $621,000
Contact: Abe Roman, Fire, (510) 981-3473

Consent Calendar
Tuesday, April 12, 2022 AGENDA Page 5

8. Mental Health Services Act Innovations - Encampment-Based Mobile Wellness Center Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to approve the Mental Health Services Act (MHSA) Innovations (INN) Encampment-based Mobile Wellness Center Project Plan and any extensions, for services, activities, and supports for unhoused individuals in Berkeley, in a total amount not to exceed $2,802,400 over a five-year period beginning in FY2023.

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

9. Revenue Contract: Mental Health Services Oversight and Accountability Commission for $2,500,000 for Coordination and Provision of Mental Health Services in Berkeley Unified School District
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to apply for funding provided by the Mental Health Services Oversight and Accountability Commission (MHSOAC) through the Mental Health Student Services Act Request for Applications, accept the funding, and execute any resultant revenue agreements and amendments to coordinate and provide mental health services in the Berkeley Unified School District (BUSD) for $2,500,000 in FY 2022 through FY 2027.

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

10. Revenue Grant Agreement: Funding Support from the California Department of Public Health, Oral Health Program to conduct Public Health Promotion, Protection, and Prevention Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to California Department of Public Health, Oral Health Program, to accept the grant, execute any resultant revenue agreement and amendments, and implement the project and appropriation of funding for related expenses to conduct public health promotion, protection, and prevention services for the California Department of Public Health-Oral Health Program, in the projected amount of $173,408 annually for Fiscal Years 2023, 2024, 2025, 2026, and 2027.

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

Consent Calendar
Tuesday, April 12, 2022 AGENDA Page 6

11. Ratify the execution of the pre-approved PARS Plan document, amended and restated effective January 1, 2022, and related Amendments by Interim Deputy City Manager on December 27, 2021
From: City Manager
Recommendation: Adopt a Resolution to acknowledge and ratify the execution of the pre-approved PARS Plan document, amended and restated effective January 1, 2022, and related Amendments by Interim Deputy City Manager on December 27, 2021.

Financial Implications: None
Contact: Donald E. Ellison, Commission Secretary, (510) 981-6800

12. Re-establish Senior Engineering Inspector Classification From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 69,996-N.S.

Memorandum of Understanding: Public Employees Union – Local 1, Re-establishing the Senior Engineering Inspector classification.

Financial Implications: See report
Contact: Donald E. Ellison, Human Resources, (510) 981-6800

13. Contract: Sysco San Francisco for Food Services for Tuolumne and Echo Lake Resident Camps
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Sysco San Francisco for food services at the City of Berkeley Tuolumne and Echo Lake Resident Camps for a five-year period, beginning May 1, 2022 and ending May 1, 2027, in an amount not to exceed $4,468,610, subject to the City’s annual budget appropriation process.

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

14. Donation: Bench and picnic equipment at Codornices Park in memory of Lucinda Sikes
From: City Manager
Recommendation: Adopt a Resolution accepting a donation in the amount of $16,000 donation from the local friends of Lucinda Sikes for a memorial bench and picnic equipment to be placed at Codornices Park in memory of Lucinda.

Financial Implications: Revenue - $16,000 (donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

Consent Calendar
Tuesday, April 12, 2022 AGENDA Page 7

15. Revenue Grant: FEMA Hazard Mitigation Grant Program From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a letter of commitment of matching funds in the amount of $1.25 million, comprising at least $910,000 from property owner funds, with the remainder through in-kind City staff time, for a Hazard Mitigation Grant application in the amount of $3.75 million for the Retrofit Grants Program to the Federal Emergency Management Agency (FEMA), and subject to its award, to accept the grant and execute any resultant revenue agreements and amendments including any additional funding allocations from the Hazard Mitigation Grant Program and designating the applicant’s authorized agent.

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

16. Revenue Grant: Fiscal Year 2022-2025 Department of Justice Tobacco Grant From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, and/or Chief of Police to execute a grant contract and any subsequent amendments with the State of California Department of Justice (DOJ) in the amount of $191,053 for three fiscal years, 2021-22 through 2024-25.

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

17. Contract: Bay Cities Paving & Grading, Inc. for Street Rehabilitation FY 2022 Project
From: City Manager
Recommendation: Adopt a Resolution: 1) approving plans and specifications for the Street Rehabilitation FY 2022 Project, Specification No. 22-11470-C; 2) approving the plans for the Intersection Reconfiguration at Dwight Way and California Street Project, Specification No. 22-11485-C; 3) rejecting the lowest bid from Azul Works, Inc. as non-responsive; 4) accepting the bid of the lowest responsive and responsible bidder, Bay Cities Paving & Grading, Inc.; and 5) 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 $6,084,809.

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

Consent Calendar
Tuesday, April 12, 2022 AGENDA Page 8

18. Master License Agreement Template for the Non-Exclusive Installation of Small Cell Telecommunications Facilities on City Owned and Maintained Streetlight Poles in the Public Right-of-Way
From: City Manager
Recommendation: Adopt a Resolution directing staff to 1) prepare a draft Master License Agreement template for the non-exclusive installation of small cell telecommunication facilities on City-owned and maintained streetlight poles in the public right-of-way, and 2) return to City Council for review and consideration of template approval.

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

Council Consent Items

19. Budget Referral: $60,000 to the FY 2023-2024 Budget Process for Supply Bank School Supply Distribution
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Refer to the FY 2023-2024 budget process $60,000 for Supply Bank ($30k for each fiscal year) to support their services in providing essential school supplies to Berkeley families.

Financial Implications: $60,000
Contact: Jesse Arreguin, Mayor, (510) 981-7100

20. Assembly Bill 1944: Support and Seek Amendments
From: Mayor Arreguin (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Bartlett (Co-Sponsor)
Recommendation: Adopt a Resolution approving a support and seek amendments position on Assembly Bill (AB) 1944 (Lee), which amends the Brown Act to permanently enable meetings of legislative bodies to be conducted through videoconference or teleconference with flexibility on noticing requirements. Send a copy of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, and Assemblymembers Buffy Wicks and Alex Lee.

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

21. Support of AB 1947 – Addressing Hate Crimes
From: Mayor Arreguin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Wengraf (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Adopt a Resolution in support of Assembly Bill (AB) 1947 (Ting), which will require law enforcement agencies to adopt policies around how to identify, respond to, and report hate crimes. Send a copy of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, and Assemblymembers Buffy Wicks and Phil Ting.

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

Council Consent Items
Tuesday, April 12, 2022 AGENDA Page 9

22. Resolution Reaffirming the City of Berkeley’s Commitment to Transgender Rights
From: Councilmember Kesarwani (Author), Councilmember Droste (Co- Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Wengraf (Co- Sponsor)
Recommendation: Adopt a Resolution reaffirming the City of Berkeley’s commitment to Transgender and Gender Expansive Rights
Financial Implications: None
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110

23. Budget Referral: Municipal Electric Vehicle Charging Infrastructure From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Wengraf (Co-Sponsor)
Recommendation: That the City Council refer to the FY2023-24 budget process the funding of electric charging infrastructure for the City’s fleet of electric vehicles.

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

24. Budget Referral: West Berkeley Park Ambassadors
From: Councilmember Taplin (Author)
Recommendation: That the City Council refer to the FY2023-24 budget process the funding for Park Ambassadors at San Pablo Park, Strawberry Creek Park, and Aquatic Park.

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

25. Support for AB-1608 (Angelo Quinto Act of 2022)
From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Send a letter to the state legislature in Support of Assembly Bill 1608: Independent Coroner’s Offices (Gipson).

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

26. Native and Drought Resistant Plants and Landscaping Policy Update (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee)
From: Councilmember Taplin (Author)
Recommendation: Adopt a Resolution amending the Native Species/Bay-Friendly Landscaping Policy to require, when appropriate, the prioritization of native, non- invasive, and pollinator friendly plantings on City property.

Policy Committee Recommendation: On March 9, 2022, the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee made a Positive Recommendation to forward the item to the City Council.

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

Council Consent Items
Tuesday, April 12, 2022 AGENDA Page 10

27. Community Policing: Flex Team for Problem-Oriented Policing Under the Scanning, Analysis, Response, and Assessment (SARA) Model and Other Applicable Community Engagement Models (Reviewed by the Public Safety Committee)
From: Councilmember Taplin (Author), Councilmember Wengraf (Co-Sponsor), Councilmember Kesarwani (Co-Sponsor), Councilmember Droste (Co- Sponsor)
Recommendation: Refer to the City Manager the establishment of a Flexible Team for Problem-Oriented Policing in the Berkeley Police Department, following the SARA model and other applicable community engagement models, including Berkeley Ceasefire.

Policy Committee Recommendation: On March 7, 2022, the Public Safety Committee made a Positive Recommendation to the City Council for the item to be considered as part of the reimagining public safety process.

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

28. Budget Referral to Fund Mayoral Budgetary Analyses Pursuant to Charter Article VI. Section 24
From: Councilmember Harrison (Author)
Recommendation: Refer to the FY 23 and FY 24 Bi-annual Budget Process $100,000 to provide the Mayor, on behalf of the Budget Committee and Council, the means to hire a certified public accountant throughout both fiscal years to provide supplemental assistance in fulfilling budgetary obligations pursuant to the Charter.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

29. Berkeley Public Library Foundation’s 19th Annual Authors Dinner Event:

Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Hahn (Author), Mayor Arreguin (Co-Sponsor), Councilmember Wengraf (Co-Sponsor), Councilmember Taplin (Co-Sponsor) Recommendation: Adopt a resolution approving the expenditure of an amount not to exceed $600 per Councilmember, including $500 from Councilmember Wengraf, $200 from Mayor Arreguín, and $200 from Councilmember Hahn, to the Berkeley Public Library Foundation’s 19th Annual Authors Dinner event with funds relinquished to the City’s general fund for this purpose from the discretionary Council office budget of Councilmember Hahn, and additional funds from Councilmembers who would like to contribute. The Berkeley Public Library Foundation raises funds to support and enhance facilities, programs, and services of the Berkeley Public Library. Recent gifts to the Foundation helped the library redesign its services during the pandemic, outfit a culinary tool lending library, and complete needed capital improvements to the downtown Central Library.

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

Council Consent Items
Tuesday, April 12, 2022 AGENDA Page 11

30. Kala Art Institute 2022 Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor), Mayor Arreguin (Co-Sponsor), Councilmember Harrison (Co-Sponsor) Recommendation: Adopt a resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Taplin, $250 from Councilmember Hahn and $250 from Mayor Arreguín, to the Kala Art Institute, a 501(c)(3) non-profit organization, to support Art Kala 2022, an exhibition, auction, and benefit to support Kala’s artistic, cultural, and educational programs, with funds relinquished to the City’s general fund for this purpose from the discretionary Council office budget of Councilmembers Hahn and Taplin, Mayor Arreguín, and any other Councilmembers who would like to contribute.

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

31. Proclamation in Honor of Holocaust Remembrance Day From: Councilmember Wengraf (Author), Councilmember Hahn (Author), Mayor Arreguin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Adopt the Holocaust Remembrance Day Proclamation for the 19th Annual Holocaust Remembrance Day program to be held virtually Thursday, April 28th from 2:00 – 3:00 PM.

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

32. Budget Referral: City of Berkeley Annual Holocaust Remembrance Day From: Councilmember Wengraf (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Refer to the Fiscal Year 2023/2024 budget process a request for $6,000 annually to fund the City of Berkeley’s Annual Holocaust Remembrance Day Program.

Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160

33. Budget Referral: Downtown Berkeley BART Station Modernization Design From: Councilmember Robinson (Author), Councilmember Harrison (Author), Mayor Arreguin (Co-Sponsor), Councilmember Droste (Co-Sponsor) Recommendation: Refer $250,000 to the June 2022 budget process to contribute to funding Bay Area Rapid Transit’s preliminary design engineering work for the Downtown Berkeley BART Station Modernization project.

Financial Implications: General Fund - $250,000
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

Council Consent Items
Tuesday, April 12, 2022 AGENDA Page 12

34. Relinquishment of Council Office Budget Funds to the General Fund and Grant of Such Funds for the Suitcase Clinic
From: Councilmember Robinson (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 from Councilmember Robinson, to the Suitcase Clinic to fund homeless outreach supplies and in-clinic expenses.

Financial Implications: See report
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

35. Support for AB 2050: Ellis Act Reform
From: Councilmember Robinson (Author), Councilmember Harrison (Co- Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Send a letter to Assemblymember Alex Lee, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of Assembly Bill 2050, which would require five years of ownership before a rental property owner can proceed with an eviction pursuant to the Ellis Act, with exemptions for small landlords.

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

36. Support for SB 649: Affordable Housing Local Tenant Preference From: Councilmember Robinson (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Send a letter to Senator Dave Cortese, Assemblymember Buffy Wicks, and Senator Nancy Skinner in support of Senate Bill 649, which would enable the creation of local tenant preferences policies for affordable housing.

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

37. Support for AB 2147: Jaywalking Decriminalization
From: Councilmember Robinson (Author)
Recommendation: Send a letter to Assemblymember Phil Ting, Assemblymember Friedman, Senator Nancy Skinner, and Assemblymember Buffy Wicks in support of AB 2147, related to jaywalking enforcement.

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

38. Support for SCA 2: Article 34 Repeal
From: Councilmember Robinson (Author), Mayor Arreguin (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Droste (Co-Sponsor) Recommendation: Adopt a Resolution supporting SCA 2 to repeal Article 34 of the California Constitution, eliminating the required city-wide vote for construction of publicly-funded low-income housing projects. Send copies of the Resolution to Senators Ben Allen, Scott Wiener, Nancy Skinner, and Assemblymember Buffy Wicks.

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

Action Calendar
Tuesday, April 12, 2022 AGENDA Page 13
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.

Action Calendar – Old Business

39. Berkeley Police: Improvements Needed to Manage Overtime and Security Work for Outside Entities (Continued from March 22, 2022. Item contains supplemental material.)
From: Auditor
Recommendation: We recommend City Council request that the City Manager report back by September 29, 2022, and every six months thereafter, regarding the status of our audit recommendations until reported fully implemented by the Berkeley Police Department (BPD). They have agreed to our findings and recommendations.

Please see our report for their complete response.

Financial Implications: None
Contact: Jenny Wong, Auditor, (510) 981-6750
Action Calendar – New Business

40a. Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter 13.110 From: Commission on Labor
Recommendation: Adopt first reading of the proposed Fair Workweek Ordinance, adding Berkeley Municipal Code Chapter 13.110.

Financial Implications: See report
Contact: Margot Ernst, Commission Secretary, (510) 981-5400

40b. Companion Report: Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter 13.110
From: City Manager
Recommendation: Direct this item to the Health, Life Enrichment, Equity, and Community Policy Committee for the following: Review and evaluate the proposed policy; and Evaluate resources needed to conduct the necessary analysis of impacts and costs associated with implementing the proposed policy.

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

Action Calendar – New Business
Tuesday, April 12, 2022 AGENDA Page 14
41a. UC Berkeley Agreement
From: Disaster and Fire Safety Commission
Recommendation: The University of California recently agreed to pay the City of Berkeley $4.3 million a year to cover cost expended by the City due to the University’s expansion and cost on the City. The funding is intended to ‘support fire and city services.’ The DSFC recommends that the City administer the funds separately from the general funds and with public review under the DSFC similar to FF and GG for the duration of the agreement.

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

41b. Companion Report: UC Berkeley Agreement
From: City Manager
Recommendation: Use the General Fund and existing budget process to administer payments received through the University of California settlement.

Financial Implications: See Report
Contact: Abe Roman, Fire, (510) 981-3473

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

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. Ple ase 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.

Tuesday, April 12, 2022 AGENDA Page 15
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 March 31, 2022.

Mark Numainville, City Clerk

Communications
Council rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Copies of individual communications are available for viewing through Records Online.

Item #27: Community Policing: Flex Team for Problem-Oriented Policing Under the Scanning, Analysis, Response, and Assessment (SARA) Model and Other Applicable Community Engagement Models

1. Susan Payne

2. Matt Ruby

3. Jeff Vincent

4. Phyllis Kamrin

5. Alicia Carter

6. Paula Hollowell

7. Bradley Morris

8. Charlene Washington

9. aliciacatherinemorre@

10. Michelle Braasch-Carman

11. Frances Haselsteiner

12. Damian Park

13. Sarah Garrett

14. Kenneth Berland

15. Nancy Chamberlain

16. Naomi Marks

17. Stacey Murphy

18. David Lerman

Tuesday, April 12, 2022 AGENDA Page 16

19. Charles Clarke

20. Eric Friedman

21. Nathan Scullion

22. Antoine Grondin

23. Thomas Luce

24. Stephen Wilson

25. Kitt Saginor

26. Diana Bohn

Vision 2050

27. David Lerman

UC Berkeley Students Cap

28. Michael Fullerton (2)

Housing

29. Grayson Peters

30. Avran Gur Arye (3)

Paving Ballot Measure

31. Alex Sharenko

Hazardous Condition of Crosswalk at Francisco Street and Sacramento

32. David Lerman

Landmark Preservation of the California Theatre

33. Sonia Mistry

Revitalization of the Downtown Area

34. Steven Schuyler

Parking Enforcement Outside the SPARK Program

35. Diana Bohn

Corporate Money in Berkeley Elections

36. Nilang Gor

Underground Wiring of PG&E

37. Pamela Doolan

Project of “The Next One”

38. Anonymous

Bench Needed at Caesar Chavez Park

39. Michael Fullerton

40. Michelle Silver

Tuesday, April 12, 2022 AGENDA Page 17

Climate Change

41. Jeff White

42. Thomas Lord

COVID-19 and Masks

43. George Torgun

Eden I&R Newletter

44. Eden I&R

Freedom of Speech

45. Nilang Gor

Berkeley Food Procurement

46. Nilang Gor, on behalf of the Sierra Club

Shut Down America’s Coal Industry

47. Jeff White

Station Access at North Berkeley BART

48. David Brandon

Sanctuary Contracting Ordinance

49. Elana Auerbach

Redistricting

50. Elisabeth Watson

North Berkeley BART Development

51. 35 similarly-worded from letters

52. Charlene Woodcock

53. Aimee Baldwin

54. Vicki Sommer

55. Kenneth Gross

56. Sean Bouvet

57. Holly Scheider

58. Kevin James and Tom Reilly

59. Deborah Gouailhardou

60. Carol Hirth

61. Larry Orman

62. Toni Casal (2)

63. Tony Corman

64. Roberta Silverstein

65. Maud Engel

66. S.P. Neyhart

Tuesday, April 12, 2022 AGENDA Page 18

Paid Parking System – Smart Space

67. Kit Vanbuskirk

Tenant Opportunity to Purchase Act (TOPA)

68. 10 similarly-worded form letters

69. Rahel Smith

70. Ginny Madsen

71. Jeffrey Melcher

72. Ayanna Davis

Dog’s Off Leash

73. Heather Lee Khvatsky
Supplemental Communications and Reports
Items received by the deadlines for submission will be compiled and distributed as follows. If no items are received by the deadline, no supplemental packet will be compiled for said deadline.

• Supplemental Communications and Reports 1
Available by 5:00 p.m. five days prior to the meeting.

• Supplemental Communications and Reports 2
Available by 5:00 p.m. the day before the meeting.

• Supplemental Communications and Reports 3
Available by 5:00 p.m. two days following the meeting.

Ordinance No. 7,803-N.S. Page 1 of 16
ORDINANCE NO. 7,803–N.S.

AUTHORIZING THE ADJUSTMENT OF BERKELEY CITY COUNCIL DISTRICT BOUNDARIES PURSUANT TO ARTICLE V, SECTION 9.5 OF THE BERKELEY CITY

CHARTER, TO EQUALIZE POPULATION IN THE DISTRICTS AS A RESULT OF POPULATION CHANGES REFLECTED IN THE 2020 DECENNIAL FEDERAL CENSUS BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. Purpose.

In order that the eight City Council Districts shall continue to be nearly equal in population as may be according to said 2020 Decennial Federal Census, the City Council Districts are hereby adjusted as set forth in Section 2.

Section 2. District Boundaries.

FIRST COUNCIL DISTRICT shall comprise all of that portion of the City of Berkeley included in the following 2020 Census Tract and Block numbers:

Tracts (First 11 Digits) and Blocks (Last 4 Digits)
060014220001003
060014220001001
060014220002028
060014220002070
060014220001002
060014220002037
060014220002038
060014220002068
060014220002069
060014220002039
060014220002052
060014220002058
060014220002059
060014220002051
060014220002061
060014220002060
060014221002008
060014220002030
060014220002031
060014220002032
060014220002034
060014220002033
060014220002050
060014220002049
060014220002048
060014220002041
060014220002042
060014220002035
060014220002046
060014220002036
060014220002045
060014220002047
060014220002043
060014220002044
060014220002023
060014220002040
060014220002053
060014220002054
060014220002055
060014220002066
060014220002065
060014220002062
060014221002007
060014221002006
060014220002063
060014221001022
060014221001021
060014220002056
060014220002064
060014220002057
060014221001007
060014220002022
060014220002021
060014220002020
060014221001008
060014221001009
060014221001006
060014221001010
060014221001005
060014220002019
060014220002018
060014221002033
060014221002022
060014221002017
060014221002018
060014221002019
060014222003009
060014222003008
060014221002016

01

Ordinance No. 7,803-N.S. Page 2 of 16
060014222003016
060014222003015
060014222003010
060014222003007
060014222003011
060014221002005
060014221002010
060014221001024
060014221001020
060014221002004
060014221001019
060014221001018
060014221002011
060014221002012
060014221002013
060014221002003
060014221002002
060014221001017
060014221002001
060014221001023
060014221001011
060014221001004
060014221001003
060014221001012
060014221001013
060014220002017
060014221001002
060014220002016
060014220002015
060014221001014
060014221001016
060014219003014
060014221001015
060014219003008
060014221001001
060014221001000
060014220002014
060014219004016
060014219003007
060014219003006
060014219004015
060014221002014
060014221002015
060014222003002
060014222003003
060014221002000
060014222001024
060014222001023
060014219002017
060014222001022
060014219002016
060014222003004
060014222003001
060014222001021
060014222001020
060014219003013
060014219003009
060014219003010
060014219003012
060014219003011
060014219003005
060014219003004
060014219002015
060014219002014
060014219002013
060014219003003
060014219003002
060014220001000
060014220002029
060014220002027
060014220002025
060014220002026
060014220002024
060014220002004
060014220002006
060014220002005
060014220002007
060014220002003
060014220002008
060014220002009
060014220002002
060014220002010
060014220002011
060014220002012
060014220002013
060014220002001
060014220002000
060014219004010
060014219004011
060014219004012
060014219004013
060014219004009
060014219004008
060014219004014
060014219004017
060014219004007
060014219004004
060014219004003
060014219004005
060014219004006
060014219004002
060014219004001
060014219004000
060014222003014
060014222003012
060014222003013
060014222003006
060014222002010
060014222002005
060014222002011
060014222002012
060014222002009
060014222002006
060014222002013
060014222002008
060014222002007
060014223003006
060014223003005
060014222003005
060014222003000
060014222001019
060014222001004
060014222002004
060014222001018
060014222002003
060014222001017
060014222001007
060014222001006
060014222001005
060014222001008
060014222001002
060014219002012
060014219002008
060014219002011
060014219001008
060014219001007
060014219001009
060014222001003

Ordinance No. 7,803-N.S. Page 3 of 16
060014219002009
060014219002010
060014219002007
060014219001010
060014219002005
060014219002006
060014219001011
060014222002002
060014222001016
060014222001009
060014222001001
060014222001010
060014222001011
060014222002001
060014222001015
060014222002000
060014223002018
060014222001014
060014222001013
060014223002007
060014223002006
060014223001012
060014219002003
060014219002004
060014219002002
060014219002001
060014222001012
060014222001000
060014219002020
060014219002018
060014223001011
060014223001010
060014219002019
060014223003011
060014223003004
060014223002017
060014223002008
060014223003003
060014223002005
060014223001013
060014223002004
060014223003002
060014223002016
060014223002009
060014223002003
060014223001006
060014223001007
060014223001005
060014223003001
060014223002015
060014223002002
060014223002010
060014223003010
060014223003000
060014223002014
060014223002012
060014223002000
060014224003003
060014219003001
060014219003000
060014219001003
060014219001002
060014219001004
060014219001012
060014219001000
060014219002000
060014219001013
060014219001001
060014213003016
060014219001005
060014219001006
060014220002067
060014221002028
060014221002029
060014221002030
060014221002024
060014221002027
060014221002026
060014221002009
060014221002025
060014221002031
060014221002032
060014221002023
060014221002020
060014221002021
060014223002013
060014223002011
060014223002001
060014223001008
060014223001004
060014223001009
060014223001003
060014223001002
060014223001001
060014223001000
060014223003015
060014223003007
060014223003014
060014223003008
060014223003013
060014223003012
060014223003009
The foregoing list of Census Blocks in the FIRST COUNCIL DISTRICT is generally located within a boundary line commencing on the point at the intersection of Martin Luther King, Jr. Way and University Avenue; thence westerly along University Avenue to intersection of University Avenue and Marina Boulevard; thence northerly along Marina Boulevard to a point at latitude - 37.8677586, longitude -122.3128683; thence continuing on the shoreline of the Bay to the Berkeley northern border; thence easterly along said border to a point between Albina Avenue and Monterey Avenue (latitude - 37.8829531, longitude -122.2828323); thence southerly to Hopkins Court, thence southerly to Hopkins Street; thence westerly along Hopkins Street to the intersection of Hopkins Street and Sacramento Street; thence southerly along Sacramento Street to the intersection of Sacramento Street and Cedar Street; thence easterly along Cedar Street to the

Ordinance No. 7,803-N.S. Page 4 of 16
intersection of Cedar Street and Martin Luther King, Jr. Way; thence southerly along Martin Luther King, Jr. Way to the point of the beginning SECOND COUNCIL DISTRICT shall comprise all of that portion of the City of Berkeley included in the following 2020 Census Tract and Block numbers:

Tracts (First 11 Digits) and Blocks (Last 4 Digits)
060019900000002
060014220001004
060014220001005
060014220001007
060014220001006
060014220001010
060014220001011
060014220001075
060014220001070
060014220001065
060014220001071
060014220001052
060014220001074
060014220001076
060014220001068
060014220001067
060014220001069
060014220001053
060014220001073
060014220001072
060014220001054
060014220001012
060014220001044
060014220001046
060014220001045
060014220001014
060014220001024
060014220001023
060014220001022
060014220001026
060014220001025
060014232002015
060014232002016
060014232002012
060014232002014
060014232002013
060014220001043
060014220001033
060014220001034
060014220001051
060014220001042
060014220001050
060014220001035
060014220001036
060014220001027
060014232002011
060014232002004
060014232002010
060014232002003
060014220001028
060014220001029
060014220001030
060014232002009
060014232002008
060014232002002
060014232002007
060014220001008
060014220001009
060014220001015
060014220001013
060014220001032
060014220001019
060014220001016
060014220001020
060014220001021
060014220001018
060014220001017
060014232002000
060014231003007
060014232001014
060014231001007
060014231002006
060014231002005
060014231001015
060014232001003
060014232001002
060014232001001
060014232001000
060014231001006
060014231001008
060014231001005
060014220001064
060014220001062
060014220001066
060014220001061
060014220001058
060014220001055
060014220001056
060014220001059
060014220001063
060014220001060
060014240021006
060014240021005
060014233003016
060014233003015
060014220001057
060014233003006
060014240021012
060014240022002
060014240021011
060014240022003
060014240021009
060014233003013
060014240021007
060014240021004
060014233003009
060014233003007
060014233003008
060014240021008
060014240021003
060014233003010
060014233003014
060014233003011
060014233003012

Ordinance No. 7,803-N.S. Page 5 of 16
060014220001049
060014220001041
060014220001048
060014220001047
060014220001040
060014220001037
060014220001039
060014233002004
060014220001038
060014233003005
060014233003004
060014233003003
060014233002003
060014233002005
060014233001013
060014220001031
060014233001004
060014233001005
060014233001003
060014232002006
060014231004009
060014231004008
060014231003008
060014231004007
060014233001006
060014233001007
060014231003006
060014231002004
060014231002003
060014231001010
060014231003005
060014231003004
060014231002002
060014231001009
060014231001004
060014231001011
060014231001003
060014231003003
060014231003002
060014231002001
060014231003001
060014231003000
060014231002000
060014231001012
060014231001002
060014231001014
060014231001013
060014231001001
060014231001000
060014232001007
060014232001008
060014232001006
060014232002005
060014232001020
060014232001009
060014232001010
060014232001005
060014232001004
060014232001019
060014232001018
060014232001017
060014232001011
060014232001012
060014232001013
060014232002001
060014232001016
060014232001015
060014233001002
060014231004006
060014231004005
060014233003002
060014233002006
060014233002002
060014233003001
060014233003000
060014233002001
060014233002007
060014233001012
060014233001008
060014233001001
060014231004004
060014231004003
060014233001011
060014231004002
060014233001000
060014231004001
060014240022015
060014240022010
060014240022004
060014240022014
060014240022009
060014240022013
060014240022001
060014240022005
060014240022012
060014240022011
060014240022008
060014240022007
060014240022006
060014240022000
060014240021010
060014240021002
060014233002013
060014233002012
060014233002014
060014240021001
060014240021000
060014233002015
060014233002011
060014233002010
060014233002009
060014233002008
060014233002000
060014233001010
060014233001009
060014231004000
The foregoing list of Census Blocks in the SECOND COUNCIL DISTRICT is generally located within a boundary line commencing at the intersection of Sacramento Street and the southern border of the City; thence westerly along said border until it reaches the Bay; thence including the portion of the City of Berkeley in the Bay; thence including the portion of the Berkeley Marina south and west of the harbor shoreline to the intersection of Marina Boulevard and University Avenue; thence easterly along University

Ordinance No. 7,803-N.S. Page 6 of 16
Avenue to the intersection of University Avenue and Sacramento Street; thence southerly along Sacramento Street to the point of the beginning.

THIRD COUNCIL DISTRICT shall comprise all of that portion of the City of Berkeley included in the following 2020 Census Tract and Block numbers:

Tracts (First 11 Digits) and Blocks (Last 4 Digits)
060014240014016
060014240014015
060014240014011
060014240014017
060014240014018
060014240014013
060014240014014
060014239011029
060014234004002
060014234003012
060014234003007
060014234003002
060014234004001
060014234003011
060014234003008
060014234003001
060014234002009
060014234002002
060014234001007
060014234002001
060014234002010
060014234001008
060014240014001
060014240014012
060014240014010
060014240014009
060014240013001
060014240013002
060014240014000
060014240013000
060014240012006
060014239011023
060014239011027
060014239011028
060014239011024
060014239011026
060014239011021
060014239011020
060014236021005
060014236021006
060014236021007
060014240014004
060014235002008
060014235002009
060014235002003
060014235001014
060014235001011
060014235001006
060014235002002
060014235001015
060014235002001
060014235001016
060014235001010
060014235001007
060014235001009
060014235001008
060014235003014
060014235003015
060014235003000
060014235002012
060014236012011
060014236012010
060014236012009
060014236012008
060014235002000
060014235001017
060014236023008
060014236023007
060014236021003
060014236011007
060014236011006
060014236023012
060014236021004
060014236012013
060014236012012
060014236012006
060014236012007
060014236012005
060014236011016
060014236011010
060014236011008
060014236011005
060014236023013
060014236011004
060014236023009
060014236023006
060014236023010
060014236023005
060014236011009
060014236011003
060014236023011
060014236023004
060014234004000
060014234003010
060014234003009
060014234003000
060014235003006
060014235003004
060014235002014
060014235002005
060014234002000
060014234002011
060014234001009
060014235001012
060014235002004
060014235001013
060014235001005
060014235003007
060014235003008
060014235003003
060014235003009
060014235003002
060014235002013
060014235002010

Ordinance No. 7,803-N.S. Page 7 of 16
060014235002006
060014235003010
060014235003011
060014235003012
060014235003001
060014235003013
060014235002011
060014235002007
060014240013006
060014240013005
060014240012005
060014240011005
060014234004005
060014234004012
060014234004006
060014240014003
060014240014005
060014240014006
060014240013007
060014240013004
060014240014002
060014240014008
060014240014007
060014240013008
060014240013003
060014240012004
060014240011006
060014240011004
060014240012003
060014240011007
060014240012007
060014239011012
060014239011022
060014239011019
060014240012002
060014240011002
060014240012001
060014234004009
060014240011001
060014234004010
060014240012000
060014239011011
060014239011013
060014239011010
060014240011000
060014235003005
060014239011009
060014239011025
060014239011014
060014239011006
060014239011008
060014239011007
060014239011001
060014239011015
060014239011018
060014239011016
060014239011017
060014239011005
060014239011002
060014239011000
060014239011004
060014239011003
060014240011003
060014234004011
060014234004007
060014234004008
060014234003004
060014234002006
060014234002007
060014234004004
060014234003014
060014234004003
060014234003013
060014234003005
060014234003003
060014234003006
060014234002005
060014234002004
060014234001005
060014234002008
060014234002003
060014234001006
The foregoing list of Census Blocks in the THIRD COUNCIL DISTRICT is generally located within a boundary line commencing on the point where the southern boundary line of the City of Berkeley intersects Sacramento Street; thence easterly, along said southern boundary line to the intersection of said southern boundary line and Shattuck Avenue; thence northerly, along Shattuck Avenue to the intersection of Shattuck Avenue and Ashby Avenue; thence easterly, along Ashby Avenue to the intersection of Ashby Avenue and Telegraph Avenue; thence northerly, along Telegraph Avenue to the intersection of Telegraph Avenue and Blake Street; thence westerly, along Blake Street to the intersection of Blake Street and Sacramento Street; thence southerly, along Sacramento Street to the point of the beginning.

FOURTH COUNCIL DISTRICT shall comprise all of that portion of the City of Berkeley included in the following 2020 Census Tract and Block numbers:

Tracts (First 11 Digits) and Blocks (Last 4 Digits)

Ordinance No. 7,803-N.S. Page 8 of 16
060014234001003
060014230003014
060014234001002
060014234001001
060014230003006
060014230003007
060014230003008
060014230003005
060014230003004
060014230003003
060014230003002
060014230003009
060014230003013
060014230003010
060014230003001
060014230001006
060014230001007
060014230001000
060014224002009
060014224002008
060014224002007
060014224001004
060014229022002
060014224001003
060014224001005
060014224004007
060014224004008
060014224004009
060014229022001
060014224001002
060014229022000
060014224001006
060014224001001
060014224004005
060014224004004
060014224004006
060014224004002
060014224004003
060014224004001
060014236021002
060014228004003
060014228004002
060014229022007
060014229022005
060014229022006
060014224002012
060014224002013
060014224002003
060014224002002
060014224003007
060014224003004
060014224002010
060014224002011
060014224002004
060014224002006
060014224002005
060014224002001
060014224002000
060014224003008
060014224003002
060014224003001
060014224003005
060014224003006
060014224003000
060014224002014
060014228004001
060014235001003
060014230002009
060014230002010
060014230002008
060014229021005
060014229021007
060014229021006
060014229021004
060014230002001
060014230002000
060014229021003
060014230001016
060014229021001
060014229021000
060014229021002
060014229023002
060014229012008
060014229012007
060014229012006
060014229012003
060014229012002
060014229012001
060014229012000
060014235001002
060014229012009
060014235001001
060014229012005
060014235001000
060014229011004
060014229011003
060014229012004
060014229011002
060014229011001
060014229011000
060014229023004
060014229022013
060014229023003
060014229022009
060014229023001
060014229023000
060014229022003
060014229022008
060014229022004
060014229022012
060014229022010
060014229022011
060014234001000
060014235001004
060014230001008
060014230001009
060014230001005
060014230001004
060014230001010
060014230001012
060014230001011
060014230001003
060014230001002
060014230003012
060014230003011
060014230002013
060014230003000
060014230002005
060014230002004
060014230002011
060014230002012
060014230002006
060014230002007
060014230001013
060014230001001
060014230002003
060014230001014
060014230002002

Ordinance No. 7,803-N.S. Page 9 of 16
060014230001015
060014234001004
060014230003017
060014230003016
060014230003015
The foregoing list of Census Blocks in the FOURTH COUNCIL DISTRICT is generally located within a boundary line commencing on the point at the intersection of Ellsworth Street and Blake Street; thence northerly, along Ellsworth Street to the intersection of Ellsworth Street and Channing Way; thence westerly, along Channing Way to the intersection of Channing Way and Fulton Street; thence northerly, along Fulton Street to where it becomes Oxford Street and continuing northerly, along Oxford Street to the intersection of Oxford Street and Cedar Street; thence westerly along Cedar Street to the intersection of Cedar Street and Martin Luther King Jr. Way; thence southerly along Martin Luther King Jr. Way to the intersection of Martin Luther King Jr. Way and University Avenue; thence westerly along University Avenue to the intersection of University Avenue and Sacramento Street; thence southerly along Sacramento Street to the intersection of Sacramento Street and Blake Street; thence easterly along Blake Street to the point of the beginning.

FIFTH COUNCIL DISTRICT shall comprise all of that portion of the City of Berkeley included in the following 2020 Census Tract and Block numbers:

Tracts (First 11 Digits) and Blocks (Last 4 Digits)
060014218002022
060014218002023
060014218002013
060014218002014
060014218002011
060014218002008
060014212002006
060014212002003
060014212002004
060014214001003
060014214001002
060014214001001
060014212002005
060014214001000
060014218002016
060014218002021
060014218002015
060014218002012
060014218002020
060014218002017
060014218002006
060014218002018
060014218002005
060014217003003
060014217003002
060014217003001
060014217003000
060014212004002
060014212004006
060014212003005
060014212003006
060014212003001
060014212004005
060014212003000
060014212004004
060014212004001
060014212004000
060014217002009
060014217002008
060014217001010
060014217001011
060014217002007
060014217002006
060014217002005
060014217002004
060014217001012
060014217001013
060014217001014
060014217001006
060014214002011
060014214002007
060014217001005
060014217001004
060014217001003
060014214002005
060014214002010
060014217002003
060014217002002
060014217002001
060014213001007
060014213001008
060014213001009
060014218002003
060014218002002
060014218002007
060014213003014
060014213003010
060014218002000
060014213003009
060014218002001
060014213003015
060014213003012

Ordinance No. 7,803-N.S. Page 10 of 16
060014213003011
060014213004012
060014213004011
060014213004006
060014213004005
060014213004004
060014213004013
060014213004010
060014213003008
060014213004008
060014213004007
060014213004009
060014218001012
060014218001002
060014218001006
060014218001009
060014218001005
060014217002010
060014218001003
060014217003007
060014217003006
060014217003005
060014217003004
060014218002010
060014218002009
060014218002004
060014213003013
060014213002018
060014213002017
060014213002003
060014213002004
060014213002002
060014213002010
060014213002016
060014213002015
060014213002005
060014213002011
060014213002007
060014213002006
060014213002001
060014213002000
060014213002008
060014213002012
060014213002009
060014218002019
060014218001011
060014218001010
060014218001007
060014218001008
060014217003008
060014212002002
060014212003003
060014212002001
060014212002000
060014212001012
060014212001010
060014212001009
060014212001006
060014212001005
060014212001007
060014212001008
060014212001001
060014212001002
060014212001011
060014212001004
060014212001003
060014212001000
060014218001001
060014218001004
060014217001009
060014213003006
060014213003005
060014213003004
060014218001000
060014213003007
060014217001008
060014217001007
060014214002009
060014214002008
060014214002003
060014213004001
060014213004003
060014213004002
060014213002014
060014213003002
060014213004000
060014213003001
060014213001021
060014213002013
060014213001019
060014213001012
060014213001015
060014213001013
060014213001018
060014213001020
060014213001017
060014212003010
060014213001016
060014213003003
060014217001015
060014217001016
060014217002000
060014217001017
060014217001002
060014217001001
060014214001011
060014214001010
060014217001000
060014214001009
060014214002000
060014214002006
060014214002004
060014214001007
060014214001008
060014212002018
060014212002016
060014212002024
060014212002023
060014212002022
060014214001006
060014214001005
060014212002021
060014214001004
060014212002007
060014212002008
060014214002002
060014213003000
060014212002020
060014212002014
060014214002001
060014212002019
060014212002015
060014212002013
060014212003013
060014212003009
060014212002017
060014212002012
060014212002009

Ordinance No. 7,803-N.S. Page 11 of 16
060014212002011
060014212002010
060014212003004
060014212003002
060014213001006
060014213001005
060014213001004
060014213001003
060014213001002
060014213001010
060014213001011
060014213001001
060014213001000
060014213001014
060014212003011
060014212003008
060014212004003
060014212003012
060014212003007
The foregoing list of Census Blocks in the FIFTH COUNCIL DISTRICT is generally located within a boundary line commencing on the point at the intersection of Spruce Street and Cedar Street; thence northerly, along Spruce Street to the northern boundary line of the City of Berkeley; thence westerly, and southerly along said northern boundary line to a point between Albina Avenue and Monterey Avenue (37.8829531,- 122.2828323); thence southerly to Hopkins Court; thence southerly to Hopkins Street; thence westerly along Hopkins Street to the intersection of Hopkins Street and Sacramento Street; thence southerly along Sacramento Street to the intersection of Sacramento Street and Cedar Street; thence easterly along Cedar Street to the point of the beginning.

SIXTH COUNCIL DISTRICT shall comprise all of that portion of the City of Berkeley included in the following 2020 Census Tract and Block numbers:

Tracts (First 11 Digits) and Blocks (Last 4 Digits)
060014225001014
060014225001003
060014225001002
060014225003006
060014225003007
060014225003008
060014225003005
060014225001010
060014216004007
060014225001011
060014225001008
060014225001009
060014225003004
060014225003003
060014225003002
060014225003001
060014225001012
060014225001006
060014225001007
060014225003011
060014225003012
060014225003009
060014225003010
060014225003000
060014225001013
060014225001005
060014225001004
060014225003013
060014225002003
060014225002008
060014225002004
060014225002002
060014211001004
060014211001005
060014211001006
060014215001004
060014215001006
060014215001002
060014215001001
060014215001003
060014215001005
060014225001000
060014216002010
060014216002005
060014216002009
060014216002008
060014216002002
060014216002006
060014216002003
060014216002000
060014216002007
060014216002012
060014216001009
060014216002001
060014216001001
060014216001002
060014216001010
060014216001003
060014215003014
060014215002022
060014215002021
060014215001027
060014215001018
060014215001028
060014216003002
060014215003017

Ordinance No. 7,803-N.S. Page 12 of 16
060014215003018
060014215003021
060014216003001
060014215003019
060014215003020
060014216003000
060014216004002
060014216004008
060014216004001
060014215003023
060014215003022
060014216004000
060014216004009
060014216004010
060014216002004
060014215003011
060014215003012
060014216002011
060014215003004
060014215003013
060014215003009
060014215003007
060014215002017
060014215002014
060014215002015
060014215003010
060014215003006
060014215003003
060014215002023
060014215002009
060014215003008
060014215002018
060014215002012
060014215002013
060014211002015
060014211002016
060014215002011
060014211002020
060014215002010
060014211002022
060014211002021
060014216004006
060014216003010
060014216004005
060014216003007
060014216003006
060014216003011
060014216003012
060014216004004
060014216003015
060014216004003
060014216003014
060014216003013
060014216003005
060014224001000
060014224004000
060014225001001
060014225002001
060014225002000
060019821001001
060014225002007
060014225002005
060014225002006
060014215002016
060014215002008
060014211002023
060014215002002
060014215002007
060014215002006
060014215002000
060014215002001
060014215001016
060014215003005
060014215003002
060014215002019
060014215003001
060014215003000
060014215002020
060014215002003
060014215002004
060014215001015
060014215002005
060014215001019
060014215001013
060014215001014
060014215001011
060014211002013
060014211002006
060014211002005
060014215001017
060014215001020
060014215001012
060014215001009
060014215001010
060014215001026
060014215001024
060014215001025
060014216001000
060014215001021
060014215001022
060014215001023
060014216001007
060014216001008
060014216001006
060019821001000
060014216001005
060014216001004
060014215001007
060014215001008
060014215001000
060014211002001
060014211002000
060014211002014
060014211002011
060014211002012
060014211002007
060014211002008
060014211002017
060014211002018
060014211002009
060014211002004
060014211002002
060014211002003
060014211001002
060014211001001
060014211001000
060014211002019
060014211002010
060014211001003
060014211001008
060014211001007
060014216003009
060014216003008
060014216003004
060014216003003
060014215003016
060014215003015

Ordinance No. 7,803-N.S. Page 13 of 16
The foregoing list of Census Blocks in the SIXTH COUNCIL DISTRICT is generally located within a boundary line commencing on the point at the intersection of Oxford Street and Hearst Avenue; thence easterly, along Hearst Avenue to the intersection of Hearst Avenue and Gayley Road; thence southerly along Gayley Road to the intersection of Gayley Road and Stadium Rim Way; thence easterly along Stadium Rim Way to the intersection of Stadium Rim Way and Centennial Drive; thence easterly along Centennial Drive to the eastern boundary line of the City of Berkeley; thence northwesterly along said eastern boundary line to the intersection of the eastern boundary line and Spruce Street; thence southerly along Spruce Street to the intersection of Spruce Street and Cedar Street; thence westerly, along Cedar Street to the intersection of Cedar Street and Oxford Street; thence southerly along Oxford Street to the point of the beginning.

SEVENTH COUNCIL DISTRICT shall comprise all of that portion of the City of Berkeley included in the following 2020 Census Tract and Block numbers:

Tracts (First 11 Digits) and Blocks (Last 4 Digits)
060019821001007
060019821001008
060019821001010
060019821001012
060019821001009
060019821001014
060019821001013
060014228003004
060014228003003
060014236021001
060014228004004
060014228003005
060014228004000
060014228003006
060014228003002
060019821001011
060014228003001
060014228003000
060019821001015
060014236021000
060014228001012
060014228001013
060014228002005
060014228002004
060014228002002
060014228002003
060014228002001
060014228001009
060014228001008
060014228001007
060014228002000
060014228001002
060014228001001
060014228001006
060014228001010
060014228001011
060014228001005
060014228001003
060014228001000
060019821001006
060014228001004
060014227003004
060014227003001
060014227004002
060014227004001
060014227004000
060014227002005
060014227002004
060014227002003
060014227002002
060014227002001
060014227003003
060014227003002
060014227003000
060019821001005
060014227002000
060019821001002
060019821001016
The foregoing list of Census Blocks in the SEVENTH COUNCIL DISTRICT is generally located within a boundary line commencing on the point at the intersection of Ellsworth Street and Blake Street; thence northerly, along Ellsworth Street to the intersection of Ellsworth Street and Channing Way; thence westerly, along Channing Way to the intersection of Channing Way and Fulton Street; thence northerly, along Fulton Street to where it becomes Oxford Street and continuing northerly, along Oxford Street to the intersection of Oxford Street and Hearst Avenue; thence easterly, along Hearst

Ordinance No. 7,803-N.S. Page 14 of 16
Avenue to the intersection of Hearst Avenue and Gayley Road; thence southerly along Gayley Road to the intersection of Gayley Road and Stadium Rim Way; thence southerly along Stadium Rim Way to the intersection of Stadium Rim Way and Canyon Road; thence southerly along Canyon Road to where it becomes Panoramic Way and continuing southerly along Panoramic Way to the intersection of Panoramic Way and Bancroft Way; then westerly along Bancroft Way to the intersection of Bancroft Way and Prospect Street; thence southerly along Prospect Street to the intersection of Prospect Street and Dwight Way; thence westerly along Dwight Way to the intersection of Dwight Way and Telegraph Avenue; thence southerly along Telegraph Avenue to the intersection of Telegraph Avenue and Blake Street; thence westerly along Blake Street to the point of the beginning.

EIGHTH COUNCIL DISTRICT shall comprise all of that portion of the City of Berkeley included in the following 2020 Census Tract and Block numbers:

Tracts (First 11 Digits) and Blocks (Last 4 Digits)
060014239022015
060014239021007
060014239021006
060014239021004
060014239021003
060014238003020
060014238003019
060014238003018
060014238003016
060014238003017
060014238003013
060014238003012
060014238003014
060014238003015
060014239022001
060014239021005
060014236011012
060014236012002
060014239021000
060014239021001
060014239021002
060014236012001
060014236011013
060014236012000
060014236011014
060014236023002
060014236023001
060014236011001
060014236011000
060014237001001
060014227002006
060014227001003
060014237001000
060014227001004
060014227001005
060014227001006
060019821001004
060014227001001
060014227001002
060019821001003
060014227001000
060014238001013
060014238001011
060014238001012
060014238001010
060014238001007
060014238001006
060014238001005
060014238001004
060014238001008
060014238001003
060014238001001
060014238001002
060014238001009
060014238001000
060014236022005
060014236022004
060014239012007
060014239012009
060014239012006
060014239012005
060014239012003
060014239012002
060014239012008
060014239012001
060014239022012
060014239022013
060014239022011
060014239022010
060014239022006
060014239022016
060014239022014
060014239022009
060014239022007
060014239022008
060014239012004
060014239012000
060014239022005
060014239022004
060014239022003
060014239022002
060014236012004
060014239022000
060014236012003
060014236011015
060014236011011
060014236011002

Ordinance No. 7,803-N.S. Page 15 of 16
060014236023003
060014238003009
060014238003001
060014237002013
060014238002008
060014238003010
060014238003000
060014237002018
060014237002006
060014237002003
060014237001007
060014237001003
060014237001008
060014237002014
060014237002001
060014237002002
060014237001009
060014237001010
060014237001011
060014238002006
060014238002001
060014237002016
060014237002017
060014237002019
060014238002003
060014238002000
060014238002002
060014237002015
060014237002000
060014237001012
060014236022003
060014236022001
060014236022002
060014236022000
060014237003001
060014237003000
060014237001004
060014237001002
060014236023000
060014238003007
060014238003004
060014237002009
060014238003006
060014237002010
060014238003005
060014237002008
060014238003008
060014238003003
060014238003002
060014237002011
060014237002004
060014237002005
060014237003004
060014237003002
060014237003003
060014237002007
060014237002012
060014237001005
060014237001006
060014238002014
060014238002009
060014238002011
060014238002004
060014238002010
060014238002005
060014238002015
060014238002013
060014238002012
060014238002007
060014238003011
EIGHTH COUNCIL DISTRICT shall comprise all of that portion of the City not otherwise described as constituting the First, Second, Third, Fourth, Fifth, Sixth and Seventh Council Districts.

Section 3. Effective date of Adjustments.

The district boundaries established herein shall govern the election of Councilmembers beginning with the November 8, 2022 General Municipal Election.

Section 4.Posting.

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

Ordinance No. 7,803-N.S. Page 16 of 16
At a special meeting of the Council of the City of Berkeley held on March 22, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Droste.

Ordinance No. 7,804-N.S. Page 1 of 2
ORDINANCE NO. 7,804-N.S.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 12.70 SMOKING POLLUTION

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

Section 1. That Berkeley Municipal Code Subsection 12.70.031 is amended to read as follows:

12.70.031 Smoking Medical Cannabis at Cannabis Retailers Notwithstanding anything to the contrary in this Chapter, the inhalation of medical cannabis through the use of an electronic smoking device inside a Cannabis Retailer and on the public right of way within 50 feet of such a Cannabis Retailer, is not prohibited by this Chapter.

Section 2. That Berkeley Municipal Code Subsection 12.70.050.A.1 is amended to read as follows:

12.70.050 Where Smoking is not Regulated
A. This chapter is not intended to regulate smoking in the following places and under the following conditions within the City:

1. Tobacco in retail tobacco stores and cannabis in State-permitted Storefront Cannabis Retailers within a Designated Smoking Room in compliance with the Environmental Health Division’s Lounge Operating Standards and except as stated in Section 12.70.031;

2. Private residences, which may serve as a place of employment except when used as a childcare or health care facility and except as stated in Sections 12.70.035 and

12.70.037.

B. Notwithstanding any other provision of this section, any owner, operator, manager, or other person who controls a business or other establishment may declare that entire establishment as a nonsmoking establishment.

Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

02

Ordinance No. 7,804-N.S. Page 2 of 2
At a regular meeting of the Council of the City of Berkeley held on March 22, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Droste.

Ordinance No. 7,805-N.S. Page 1 of 1
ORDINANCE NO. 7,805-N.S.

AMENDING BERKELEY MUNICIPAL CODE CHAPTER 23.502 TO MODIFY THE

RESEARCH AND DEVELOPMENT LAND USE DEFINITION
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code 23.502.020 R.8 is amended to read as follows:

23.502.020 R.8

8. Research and Development: An establishment engaged in the following activities: 1) industrial, biological or scientific research; and/or 2) product or process design, development, prototyping, or testing. This may include labs, offices, warehousing, and light manufacturing functions as part of the overall Research and Development use.

Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on March 22, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: Hahn and Droste.

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Office of the City Attorney

CONSENT CALENDAR
April 12, 2022
To: Honorable Mayor and Members of the City Council
Madame City Manager
From: Farimah Faiz Brown, City Attorney
Subject: Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference

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, December 14, 2021, January 10, 2022, February 8, 2022, March 8, 2022, and March 22, 2022.

FISCAL IMPACT OF RECOMMENDATION
To be determined.

CURRENT SITUATION AND ITS EFFECTS
The City Council made the initial findings required under the Government Code on September 28, 2021. The Council must make the findings every thirty days in order to continue to meet exclusively through video conference or teleconference.

Pursuant to California Government Code section 8630 and Berkeley Municipal Code Chapter 2.88.040, on March 3, 2020, the City Manager, in her capacity as Director of Emergency Services, proclaimed a local emergency due to conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19), including a confirmed case in the City of Berkeley. As a result of multiple confirmed and presumed cases in Alameda County, the County has declared a local health emergency. On March 4, 2020, Governor Gavin Newsom issued a Proclamation of a State of Emergency due to the spread of COVID-19. On March 10, 2020, the City

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Council ratified the Proclamation of Local Emergency with the passage of Resolution No. 69-312.

On March 17, 2020, Governor Newsom signed Executive Order N-29-20, which suspended certain portions of the Ralph M. Brown Act (Cal. Gov. Code § 54950 et seq.) related to the holding of teleconferenced meetings by City legislative bodies. Among other things, Executive Order N-29-20 suspended requirements that each location from which an official accesses a teleconferenced meeting be accessible to the public.

These changes were necessary to allow teleconferencing to be used as a tool for ensuring social distancing. City legislative bodies have held public meetings via videoconference and teleconference pursuant to these provisions since March 2020.

These provisions of Executive Order N-29-20 will expire on September 30, 2021.

COVID-19 continues to pose a serious threat to public health and safety. There are now over 4,700 confirmed cases of COVID-19 and at least 55 deaths in the City of Berkeley.

Additionally, the SARS-CoV-2 B.1.617.2 (“Delta”) variant of COVID-19 that is currently circulating nationally and within the City is contributing to a substantial increase in transmissibility and more severe disease.

As a result of the continued threat to public health posed by the spread of COVID-19, state and local officials continue to impose or recommend measures to promote social distancing, mask wearing and vaccination. Holding meetings of City legislative bodies in person would present imminent risks to the health and safety of the public and members of legislative bodies, and therefore public meetings cannot safely be held in person at this time
Assembly Bill 361 (Rivas), signed into law by Governor Newsom on September 16, 2021, amended a portion of the Brown Act (Government Code Section 54953) to authorize the City Council, during the state of emergency, to determine that, due to the spread of COVID-19, holding in-person public meetings would present an imminent risk to the health or safety of attendees, and therefore City legislative bodies must continue to meet via videoconference and teleconference. Assembly Bill 361 requires that the City Council must review and ratify such a determination every thirty (30) days.

Therefore, if the Council passes this resolution on March 22, 2022, the Council will need to review and ratify the resolution by April 21, 2022.

This item requests that the Council review the circumstances of the continued state of emergency posed by the spread of COVID-19, and find that the state of emergency continues to directly impact the ability of the public and members of City legislative bodies to meet safely in person, that holding public meetings of City legislative bodies in person would present imminent risks to the health and safety of attendees, and that state and local officials continue to promote social distancing, mask wearing and vaccination. This item further requests that the Council determine that City legislative bodies, including but not limited to the City Council and its committees, and all commissions and boards, shall continue to hold public meetings via videoconference

and teleconference, and that City legislative bodies shall continue to comply with all provisions of the Brown Act, as amended by SB 361.

BACKGROUND
On March 1, 2020, Alameda County Public Health Department and Solano County Public Health Department reported two presumptive cases of COVID-19, pending confirmatory testing by the Centers for Disease Control (CDC), prompting Alameda County to declare a local health emergency.

On March 3, 2020, the City’s Director of Emergency Services proclaimed a local emergency due to the spread of COVID-19, including a confirmed case in the City of Berkeley and multiple confirmed and presumed cases in Alameda County.

On March 4, 2020, Governor Gavin Newsom issued a Proclamation of a State of Emergency due to the spread of COVID-19.

On March 10, 2020, the City Council ratified the Proclamation of Local Emergency.

Since that date, there have been over 4,700 confirmed cases of COVID-19 and at least 57 deaths in the City of Berkeley.

On March 17, 2020, Governor Newsom signed Executive Order N-29-20 which suspended certain portions of the Ralph M. Brown Act (Cal. Gov. Code § 54950 et seq.) to allow teleconferencing of public meetings to be used as a tool for ensuring social distancing. As a result, City legislative bodies have held public meetings via teleconference throughout the pandemic. The provisions of Executive Order N-29-20 allowing teleconferencing to be used as a tool for social distancing will expire on September 30, 2021.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Not applicable.

RATIONALE FOR RECOMMENDATION
The Resolution would enable the City Council and its committees, and City boards and commissions to continue to hold public meetings via videoconference and teleconference in order to continue to socially distance and limit the spread of COVID-

19. ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Farimah Brown, City Attorney, City Attorney’s Office (510) 981-6998 Mark Numainville, City Clerk, (510) 981-6908
Attachments:1: Resolution Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference

RESOLUTION NO. –N.S.

RESOLUTION MAKING THE REQUIRED FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54953(E)(3) AND DIRECTING CITY LEGISLATIVE BODIES TO

CONTINUE TO MEET VIA VIDEOCONFERENCE AND TELECONFERENCE WHEREAS, in accordance with Berkeley Municipal Code section 2.88.040 and sections 8558(c) and 8630 of the Government Code, which authorize the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a City exist, the City Manager, serving as the Director of Emergency Services, beginning on March 3, 2020, did proclaim the existence of a local emergency caused by epidemic in the form of the global spread of a severe acute respiratory illness caused by a novel (new) coronavirus (“COVID-19”), including confirmed cases in California and the San Francisco Bay Area, and presumed cases in Alameda County prompting the County to declare a local health emergency; and WHEREAS, on March 10, 2020, the City Council ratified the Proclamation of Local Emergency with the passage of Resolution No. 69-312; and WHEREAS, on March 4, 2020, Governor Gavin Newsom issued a Proclamation of a State of Emergency pursuant to the California Emergency Services Act, in particular, Government Code section 8625; and
WHEREAS, the Proclamation of a State of Emergency issued by Governor Newsom on March 4, 2020 continues to be in effect; and
WHEREAS, on September 16, 2021, Governor Newsom signed into law AB 361, which authorizes the City Council to determine that, due to 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; and
WHEREAS, the City Council does find that the aforesaid conditions of extreme peril continue to exist, and now include over 4,700 confirmed cases of COVID-19 and at least 55 deaths in the City of Berkeley; and
WHEREAS, the City Council recognizes that the SARS-CoV-2 B.1.617.2 (“Delta”) variant of COVID-19 that is currently circulating nationally and within the City is contributing to a substantial increase in transmissibility and more severe disease; and WHEREAS, as a result of the continued threat to public health posed by the spread of COVID-19, state and local officials continue to impose or recommend measures to promote social distancing, mask wearing and vaccination; and

WHEREAS, holding meetings of City legislative bodies in person would present imminent risks to the health and safety of the public and members of legislative bodies, and therefore public meetings cannot safely be held in person at this time; and WHEREAS, the City Council made the initial findings required by the Government Code on September 28, 2021; and
WHEREAS, the City Council made subsequent findings required by the Government Code on October 26, 2021, November 16, 2021, December 14, 2021, January 10, 2022, February 8, 2022, March 8, 2022, and March 22, 2022; and WHEREAS, the City Council will need to again review the need for the continuing necessity of holding City legislative body meetings via videoconference and teleconference by May 12, 2022.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that, pursuant to Government Code section 54953, the City Council has reviewed the circumstances of the continued state of emergency posed by the spread of COVID-19, and finds that the state of emergency continues to directly impact the ability of the public and members of City legislative bodies to meet safely in person, that holding public meetings of City legislative bodies in person would present imminent risks to the health and safety of attendees, and that state and local officials continue to promote social distancing, mask wearing and vaccination.

BE IT FURTHER RESOLVED that City legislative bodies, including but not limited to the City Council and its committees, and all commissions and boards, shall continue to hold public meetings via videoconference and teleconference.

BE IT FURTHER RESOLVED that all City legislative bodies shall comply with the requirements of Government Code section 54953(e)(2) and all applicable laws, regulations and rules when conducting public meetings pursuant to this resolution.

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
April 12, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Paul Buddenhagen, Deputy City Manager, City Manager Subject: Collection of Parking Space Rental Tax for City Owned Parking Lots; and Amending BMC Section 6.24.050

RECOMMENDATION
Adopt a resolution authorizing the collection of Parking Space Rental Tax for City of Berkeley owned off street parking lots pursuant to BMC 7.48.070 starting June 1, 2022, and adopt a first reading an Ordinance amending BMC 6.24.050 to allow Parking Space Rental Tax to be placed in the general fund instead of a special fund.

FISCAL IMPACTS OF RECOMMENDATION
Parking Space Rental Tax is calculated at a rate of ten percent based on the rent collected for every occupancy of an off-street parking space. Each occupant will pay the tax at the time the rent is paid to the City’s parking lot operator. The tax will be included in the published parking fees. The lot operator remits the tax within the next month following the month it was collected.

This tax would be imposed on the occupant of the parking spaces, but included in the published and posted parking fees. The goBerkeley program sets parking fees in response to parking demand. Based on current demand there would be no change in the total parking fees. Per BMC 7.48.190, “The tax collector shall transmit all moneys collected pursuant to this chapter to the treasurer for deposit to the credit of the general fund.” Thus, payment of the tax from the off-street parking fund to the general fund would decrease net parking fund revenue, but not impact total City revenues. Since the Parking Space Rental Tax is a general fund tax, any future tax payment would be an increase in general fund revenue. Parking revenue has declined dramatically as a result of Covid-19 related travel reductions. The City’s FY 2022 off street parking revenue is budgeted at $2.2M. Moving forward 10% of revenue would be parking tax and instead of supporting the parking tax fund, would revert to the general fund. This will create a parking tax deficit that will need to be addressed through the budget process.

Imposing this tax on city owned off street parking lots will allow for the University of California, Berkeley to impose a tax on lots owned by UC. This will generate revenue which will revert to the City of Berkeley, though it is currently unclear how much.

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Collection of Parking Space Rental Tax on City Owned Parking Lots CONSENT CALENDAR April 12, 2022

CURRENT SITUATION AND ITS EFFECTS
The City is not currently collecting this parking lot tax on City owned parking lots. In the UC Berkeley and City of Berkeley settlement agreement signed on July 27, 2021, both parties agreed to begin to collect the Parking Space Rental Tax. There are two conditions for the University to comply, first, the City needs to start collecting the tax on its lots; second, the City needs to send a demand letter to BART to collect the Parking Space Rental Tax for BART parking facilities in Berkeley. The City plans to accomplish both of these before June 1, 2022.

BACKGROUND
The City passed the Parking Space Rental Tax ordinance in 1978 and it was imposed on privately operated parking effective August 1, 1979.

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
The UC Berkeley and City of Berkeley 2021 settlement agreement section 4.8 states, “The University will cooperate in good faith with City efforts to collect and remit the City Parking Space Rental Tax from University-owned lots. The University will make best efforts to collect the tax from users by the date that the City begins collecting the tax from City-owned lots and demands collection by BART. The City acknowledges that the administrative processes between the City and the University related to collection of the tax must be established and that such establishment could preclude collection of the tax on behalf of the City prior to January 1, 2022.”
This council item, if approved, would satisfy one of two settlement agreement conditions and support the city receiving parking tax revenue from the University of California that it does not currently receive.

CONTACT PERSON
Paul Buddenhagen, Deputy City Manager, City Manager, 981-7014 Attachments:

1. Resolution

2. Ordinance amending BMC 6.24.050

3. UC Berkeley and City of Berkeley Settlement Agreement July 2021

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

COLLECTION OF PARKING SPACE RENTAL TAX FOR CITY OWNED PARKING LOTS
WHEREAS, the City of Berkeley passed the Parking Space Rental Tax ordinance in 1978 and it was imposed on privately operated parking effective August 1, 1979; and WHEREAS, the City of Berkeley is not currently collecting this parking lot tax on City owned parking lots; and
WHEREAS, in the UC Berkeley and City of Berkeley settlement agreement signed on July 27, 2021, both parties agreed to begin to collect the Parking Space Rental Tax; and WHEREAS, the University will make best efforts to collect the tax from users by the date that the City begins collecting the tax from City-owned lots and demands collection by BART; and
WHEREAS, the City of Berkeley wishes to begin collecting tax on lots it owns and from the University of California.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it authorizes the collection of Parking Space Rental Tax for City of Berkeley owned off street parking lots pursuant to BMC 7.48.070 starting June 1, 2022.

ORDINANCE NO. #,###-N.S.

AMENDING BERKELEY MUNICIPAL CODE SECTION 6.24.050 USE OF MONEY

DEPOSITED IN PARKING METERS AND PAY-AND-DISPLAY STATIONS BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Section 6.24.050 is amended to read as follows:

Except as permitted under subsection H of this section, all moneys collected from parking meters and pay-and-display stations used on municipal off-street parking lots, other than the Parking Space Rental Tax (BMC Chapter 7.48), shall be placed in a special fund, which fund shall be devoted exclusively to the following purposes:

A. For the purchasing, leasing, installing, repairing, maintaining, operating, removing, regulating and policing of parking meters in the City, and for the payment of any and all expenses relating or incidental thereto;
B. For the purchasing, leasing, acquiring, improving, operating and maintaining of off- street parking facilities in the City;
C. For the installation and maintenance of traffic control devices and signals; D. For the painting and marking of streets and curbs required for the direction of traffic and the parking of motor vehicles;
E. For the proper regulation, control and inspection of parking and traffic upon the public streets;
F. To be pledged as security for the payment of principal of and interest on off-street parking revenue bonds issued by the City;
G. Additional Revenue deemed to be generated by the goBerkeley Pilot Program will be used to fund goBerkeley efforts, pursuant to Section 1012(b) of Intermodal Surface Transportation Efficiency Act of 1991, as amended, as agreed in the 2012 Cooperative Agreement between the City of Berkeley, the California Department of Transportation and the Federal Highway Administration.

H. Surplus money not utilized under subsections A through F of this section may be transferred to the General Fund. The City Manager or their designee may make an annual determination as to what is surplus based on the needs and obligations of the special fund and transfer such surplus to the General Fund.

Section 2. Posting.

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

UC BERKELEY – CITY OF BERKELEY SETTLEMENT AGREEMENT
This Settlement Agreement (“Agreement”) is entered into and effective as of the date last signed below (“Effective Date”), by and between the City of Berkeley ( “City”), a charter city, and the Regents of the University of California (“Regents”) and the University of California, Berkeley campus (the “University”) (each a “party” and collectively the “parties”).

RECITALS
WHEREAS, the City is a municipal corporation established pursuant to Article XI of the California Constitution; and
WHEREAS, the University is a const itutionally created entity pursuant to Article IX, Section 9 of the California Constitution, with property located within the City’s boundaries; and WHEREAS, the University and the City entered into the 2020 LRDP Litigation Settlement Agreement in 2005 (the “2005 Settlement Agreement ”), in order to settle litigation with respect to the University’s 2020 Long Range Dev elopment Plan (“2020 LRDP ”) and the related Environmental Impact Report (“2020 LRDP EIR”); and WHEREAS, the 2005 Settlement Agreement terminates at the conclusion of the 2020 - 2021 academic year (on or about August 13, 2021); and
WHEREAS, the Regents have adopted the 2021 Long Range Development Plan (“2021 LRDP”) and certified the 2021 LRDP EIR on July 22, 2021; and WHEREAS, in addition to evaluating the environmental effects of the 2021 LRDP, the 2021 LRDP EIR includes project -level review of two proposed student housing proj ects, the “Anchor House Student Housing Project” and the “People Park’s Housing Project;” and WHEREAS, in June 2019, the City filed a lawsuit challenging the adoption of the Supplemental Environmental Impact Report for the Upper Hearst Development for the Goldman School of Public Policy; and
WHEREAS, on December 29, 2020, the City moved to be made a party to case, Save Berkeley’s Neighborhoods v. UC Regents, Case No. RG19006256 . The action relates to the University’s proposed intercollegiate beach volleyball facility at its Clark Kerr Campus and reformation of the Declaration of Covenants and Restrictions relating to land use restrictions at the Clark Kerr Campus entered into by the U niversity in 1982. The Alameda County Superior Court granted the City’s motion on January 28, 2021; and WHEREAS, the parties wish to continue and enhance the cooperative relationship they have enjoyed during the term of the 2005 Settlement Agreement as wel l as to settle ongoing disputes over certain University projects and avoid litigation over certain pending and future University projects, including the 2021 LRDP and the aforementioned housing projects; and WHEREAS, the parties have negotiated in good fai th and agreed to the terms of this Agreement.

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NOW, THEREFORE, in consideration of the promises, covenants and provisions set forth herein, the City and the University agree as follows:

1. STATEMENT OF SHARED GOALS AND PRINCIPLES

1.1 The City recognizes the significant contributions that the University makes to the surrounding community and supports its efforts to plan for its future needs.

1.2 The University recognizes that the City environs are as much a part of the University experience as the campus itself, and the quality of City life is a large part of what makes the University a unique and desirable place to learn, work, and live.

1.3 The City wishes to work cooperatively with the University in planning for future capital projects on the Clark Kerr Cam pus and City Environs and advance projects that will improve the neighborhoods adjacent to the main campus and the Clark Kerr Campus.

1.4 The City and University have successfully completed various planning documents including the 2001 Transportation Demand Ma nagement Study, the 2003 Draft Southside Plan and the 2012 Downtown Area Plan, with broad citizen participation and community engagement.

1.5 The 2005 Settlement Agreement resulted in a historic partnership between the parties , including a joint planning proce ss for the Downtown area, annual payment s to support city services and the initiation of the Chancellor’s Community Partnership Fund.

1.6 The City and the University wish to build on the positive relationship established through the 2005 Settlement Agreement.

1.7 The City and the University support efforts to increase the production and supply of housing for University students, to reduce housing instability and pressures on the city housing market.

1.8 The City seeks to increase the availability and production of h ousing at all income levels, and is evaluating zoning adjustments (e.g. by allowing construction of housing facilities up to twelve stories) to encourage the construction of more student housing in the City’s Southside Area, located directly south of the University’s main campus.

1.9 The City and the University have a shared interest in collaboration to improve their surrounding community, in particular neighborhoods that are adjacent to the main campus.

1.10 To wit, the University makes annual contributions to the City’s Proposition 218 Stormwater and Street Light Fund, the Downtown Berkeley Association, and the Telegraph Improvement District.

1.11 The parties acknowledge the importance to the City of maintaining properties on the City ’s tax rolls, and the University commits that University-owned land will always be the first option explored by the University for both new program space and parking.

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1.12 The University has set a goal in its 2021 Long Range Development Plan to limit undergraduate enrollment over th e term of the planning horizon to an average of one percent per year, compounded annually.

2. DEFINITIONS & ABBREVIATIONS

2.1 The Upper Hearst Development for the Goldman School of Public Policy shall be referred to herein as “Upper Hearst Project ,” and the Sup plemental Environmental Impact Report prepared for the Upper Hearst Project shall be referred to herein as “SEIR”.

2.2 The “main campus” of the University is defined as all property owned by the University within the area bounded by Hearst Avenue to the north, Gayley Road/Piedmont Avenue to the east, Bancroft Way to the south, and Oxford Street/Fulton Street to the west.

2.3 The “Clark Kerr Campus” of the University is defined as all property owned by the University within the area bounded by Dwight Way to the nort h, East Bay Regional Park District to the east, Derby Street to the south, Warring Street to the west.

2.4 “Section” refers to each numbered paragraph of the Agreement.

2.5 Unless this Agreement specifically states otherwise, all terms are binding on the parties only during the term of the Agreement.

3. FINANCIAL CONSIDERATION: ANNUAL PAYMENT

3.1 The University agrees to make an annual payment to the City of $4,100,000, which amount shall be increased annually by three percent compounding as described in Section 3.4 below (the “Annual Payment ”) each year from 2021 through 2036 inclusive. The University shall make each Annual Payment each year by July 1 or, in 2021, by the Effective Date.

3.2 The Annual Payment is intended to be comprehensive and is inclusive of any costs to mitigate financial impacts to the City resulting from the approval, adoption or certification of the following projects: (1) the Upper Hearst Project and the SEIR , (2) any projects implementing the 2021 LRDP, including projects located on the main campus, the Clark Kerr Campus, and any other projects located off of the University’s main campus that consist of at least 80 percent assignable square footage of housing, (3) the Anchor House Student Housing Project, and (4) the People’s Park Housing Project. T he City reserves all of its rights with regards to off-main campus capital projects that are not identified in this paragraph.

3.3 The Annual Payment shall not eliminate or otherwise supersede ongoing fees for services paid to the City by the University as of June 1, 2021, which fees may be increased pursuant to Section 5.1 of this Agreement. The Annual Payment supersedes and replaces the contributions specified in the 2005 Settlement Agreement annual allocation.

3.4 Except as prov ided in Sections 3.5 and 3.6, t he City shall allocate the Annual Payment funds as follows, unless otherwise agreed to by the parties during the term of the Agreement. Each allocation is individually subject to the annual three percent increase and DocuSign Envelope ID: 1534B8BA-6F2F-4193-9061-CAF62365C562

shall be transferred to the City in a single payment no later than July 31 st of each year during the term of the Agreement. The City is not required to spend the entire Annual Payment every year, and may accumulate funds from year to year. This agreement provides a funding mechanism only and does not constitute approval of any of the improvements listed herein.

3.4.1. $2.8 million (increased by three percent per year) for fire and other City services;

3.4.2. $1.3 million (increased by three percent per year) for capital projects and other services benefiting residents living within on e-half mile of the University’s main campus boundaries and the Clark Kerr Campus , including but not limited to a joint BPD- UCPD Telegraph Area Beat (a community-based policing program). Priorities for these projects shall be determined by City and University leaders pursuant to Section 3.7.

3.5 Notwithstanding the above, with regard only to the Annual Payment made in 2021 (“2021 Annual Payment”):

3.5.1. $920,000 shall be allocated by the City to the City ’s Housing Trust Fund, in recognition of the demolition of eight rent-controlled units at 1921 Walnut Street for the Anchor House Student Housing Project;1

3.5.2. $130,000 shall be allocated by the City for a permanent restroom in the Telegraph area;

3.5.3. An amount determined through joint planning between the City and the University will be allocated to fund a day -time drop-in/service center in the Telegraph area for the unhoused population;

3.5.4. The City shall allo cate the remainder of the 2021 Annual P ayment as it determines to be appropriate.

3.6 Notwithstanding the above, with regard only to the Annual Payment made in 2022 (“2022 Annual Payment”):

3.6.1. $250,000 shall be allocated by the City for P iedmont/Channing traffic circle pedestrian and street lighting improvements;

3.6.2. Amount to be determined for wildfire risk management and fuel reduction on UC owned property;

3.6.3. The City shall allocate the remainder of the 2022 Annual Payment in compliance with Section 3.4.

3.7 The C ity will spend not less than 30 percent of the Annual Payment on services and infrastructure (inclusive of any services or infrastructure funde d pursuant to

1 This amount does not replace or in any way impact any relocation benefits provided by the University to tenants at 1921 Walnut Street.

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Sections 3.4.2, 3.5.2, 3.5.3, or 3.6.1) that benefit City residents living within one -half mile of the University’s main campus boundaries and the Clark Kerr Campus . If the City fails to adhere to this commitment, then the University has the right to terminate this Agreement after providing the City written notice of the City ’s breach and a reasonable opportunity to cure the breach pursuant to Section 8.5. The Chancellor, Mayor, City Manager and Vice Chancellor for Administration shall meet annually to review the City ’s proposed list of project s and/or services satisfying the requirements of this Section. The parties shall use best efforts to reach mutual agreement on the list of expenditures, but the City shall make the allocations of its own expenditures, consistent with the terms of this Agreement. The City will not allocate any portion of the Annual Payment to the development of a new fire station, should the City decide to develop a new fire station during the term of this Agreement.

3.8 Beginning on July 1, 2023, the City shall make reasonable efforts to provide the University with an annual summary statement setting forth its use of the funds described in Section 3.4 since the prior Annual Payment . If the City fails to adhere to the commitments regarding its expenditures described in Section 3.4 above, then the University may (but is not obligated to) terminate this Agreement, after providing the City written notice of the City’s breach and a reasonable opportunity to cure the breach pursuant to Section 8.5.

3.9 The University intends, but is not obligated , to continue to fund the Chancellor’s Community Partnership Fund during the term of this Agreement in the amount of approximately $300,000/year, increased by three (3) percent annually. The University shall provide a summary of these expenditures to the City annually.

4. COOPERATIVE RELATIONSHIP AND PLANNING REGARDING

MATTERS OF MUTUAL CONCERN

4.1 The Chancellor, the Vice Chancellor for Administration, the Mayor, and the City Manager, and the City Attorney (as appropriate) will meet quarterly to revi ew implementation of this Agreement and discuss areas of mutual interest or concern. The University will provide the City with timely written updates concerning its implementation of the 2021 LRDP, changes in enrollment , and c ampus housing production. The City and the University may mutually agree to reduce the frequency of these meetings to not less than annual if there is no longer a perceived need to meet as frequently as quarterly.

4.2 The University and the City will negotiate in good faith to establish within two years of the Effective Date a collaborative planning process for the City to review and comment upon campus capital projects located in the City environs and implementation of sustainable development standards prior to campus approval of such projects.

4.3 The University will continue its practice of typically voluntarily honoring the City ’s existing zoning standards in the design of projects off the main campus. The University will consult with City staff, the City Council and relevant commissions as well as community members about new projects off of the main campus and respond to any reasonably identified concerns presented during the public process. This consultation shall include, but not be limited to, the following actions:

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4.3.1. LRDP Pr ojects. While implementing the 2021 LRDP, the University will continue to review and consider the City ’s adopted planning and zoning documents, including without limitation the Downtown Area Plan (DAP) and the Southside Area Plan (SAP) when making decision s about the location of University facilities off of the main campus, and will use the design guidelines and standards prescribed in the DAP or SAP, as applicable, when designing projects in the respective plan areas to the extent they are consistent with the program for the building.

4.3.2. Off-Campus Projects. The University will submit all capital projects off of the main campus with an ant icipated value in excess of $5 million to the City ’s Planning Director and will either incorporate the City Planning Direc tor’s comments into the project or explain in writing its decision not to do so. Additionally, the University will submit all capital projects off of the main camp us with a value in excess of $5 million to the City ’s 4x6 City/Student/UC committee so that the committee and/or its members may provide comments to the University regarding such projects . When the University determines that it will not implement such projects consistent with the City ’s adopted planning and zoning documents, the University will, upon the request of the City ’s Planning Director , provide a written explanation of the reasons for such decision.

4.4 If campus undergraduate enrollment growth ex ceeds one percent per year on average over three consecutive years, then the Mayor, City Manager, the Chancellor and the Vice Chancellor for Administration shall meet to discuss the potential physical impacts of enrollment increases on the City and whether any amendments should be made to the terms of this Agreement to address the increase . The City shall present specific data and evidence to illustrate the physical impacts of campus enrollment increases on the City.

4.5 During the term of this Agreement, so long as there is demonstrated need on and in areas adjacent to University, the University will continue to fund a position of a campus social worker to work with the unhoused population who visit People’s Park and in the broader Telegraph area, inclusive of Willard Park.

4.6 The City and University are parties to a Memorandum of Understanding (City of Berkeley Resolution No. 51,172 -N.S.) regarding the development of the Clark Kerr Campus dated April 23, 1982 (the “MOU”). The terms of the MOU are not altered by this Agreement, though they are generally de scribed for reference in this Section and its subsections.

During the remaining term of the MOU, the University and the City will comply with the MOU by working cooperatively in planning and development of projects on the Clark Kerr Campus that would be constructed prior to the expiration of the time term of the MOU in 2032 . The City and the University will also consult and work cooperatively regarding potential expanded public access to recreational facilities on the Clark Kerr Campus.

The MOU addresses the potential re -development of the property according to the Dwight-Derby Site Plan ( “Site Plan ”) prior to 2032 (the time term of the MOU is fifty years).

The MOU generally provides that the Clark Kerr Campus may not be developed, built upon, improved, operated, occupied, used or leased except as provided for and in accordance with the terms of the MOU. The MOU also generally provides that the University will maintain recreational facilities consistent with joint use agreements between the City and Univer sity. The DocuSign Envelope ID: 1534B8BA-6F2F-4193-9061-CAF62365C562

MOU also generally provides that the University will notify the City of Berkeley Landmarks Preservation Commission and provide 60 days to review and comment on any proposal to construct new buildings, demolish or significantly modify existing str uctures of architectural or historical significance, or remove existing landscaping or other significant site improvement. The MOU also generally provides that the University may depart from the plans, provisions, goals, and objectives of the Site Plan if such departure is authorized by resolution adopted by the City Council. The University reaffirms its commitment to work in partnership with the City as prescribed in the MOU.

With regard to any development planned to be undertaken by the University after t he expiration of the MOU in 2032, but during the time term of this Agreement, the City will take a lead role in soliciting community input along with the University for capital renovation and capital projects (demolition, remodeling, retrofit and new const ruction) at the Clark Kerr Campus. The City and University will work cooperatively to develop any operational mitigations, if necessary, regarding capital renovation and capital Projects at the Cl ark Kerr Campus, and will consult and work cooperatively with the City regarding public access to recreational facilities on the Clark Kerr Campus.

4.7 The University’s leadership will work with the City ’s elected officials and staff to study the impacts and plan for the potential closure of Alta Bates Hospital and its emergency room in Berkeley, and identify alternatives to continue emergency and acute care for the University and city population.

4.8 The University will cooperate in good faith with City efforts to collect and remit the City Parking Space Rental Tax from University -owned lots. The University will make best efforts to collect the tax from users by the date that the City begins collecting the ta x from City-owned lots and demand s collection by BART. The City acknowledges that the administrative processes between the City and the University related to collection of the tax must be established and that such establishment could preclude collection o f the tax on behalf of the City prior to January 1, 2022.

4.9 The University shall require its commercial tenants in buildings leased to non-University parties by the University (when such buildings are not on the main campus or the Clark Kerr Campus) for the sole purpose of generating revenue (as opposed to carrying out the program of the University) to obtain City permits and pay City impact fees. The University shall determine in good faith whether a space is leased to carry out its programs or exclusively to generate income. Nothing in this Section prevents the City from disagreeing with the University’s determination that a commercial tenancy is in furtherance of the University ’s program.

4.10 The University and the City will collaborate in good faith to reach an agreement regarding the University’s master leasing of off-campus residential buildings, and will meet and confer in an effort to reach such an agreement within one year of the Effective Date .

The University and City contemplate that such an agreement will set a date by which the University would reduce or eliminate its use of master leasing of residential facilities, excepting only temporary leasing necessary to create surge space during the renovation or construction of DocuSign Envelope ID: 1534B8BA-6F2F-4193-9061-CAF62365C562

campus housing facilities. This Section does not require either party to enter into such an agreement, but the parties shall use their good faith best efforts to do so.

4.11 The University and the City will work cooperatively in an effort to develop and implement plans to address the imp acts of special events planned by either party or by third parties that impact the other party, including but not limited to graduations, game days, move-ins, move-outs, City parades, City street fairs, and temporary traffic changes. The parties will simil arly consult about events planned by neither the City nor University but impacting both, such as free speech activities. The plans will address at least the following issues: street closures, temporary and permanent parking changes, illegal dumping, unlaw ful camping, and responses to persons experiencing homelessness.

4.12 The University commits in concept to assisting the City in its development of a new fire station by contributing land off of the main campus owned by the University as of the Effective Date a nd suitable for the development of a City fire station intended to serve the City and campus communities. The City and the University will engage in cooperative joint planning for a potential fire station in a location identified through such planning. This provision does not constitute a commitment by either party to entitle or fund a future fire station nor does this provision evidence that the City or the University have determined such a fire station to be necessary at this time.

4.13 The University will ma ke a presentation to the City ’s Planning Director (who will share the information presented with the City’s Design Review Committee for comment) regarding the Upper Hearst Project’s proposed final design and exterior color scheme.

The University will consider any comments and concerns raised regarding the design and color scheme by the City’s Planning Director and address those concerns, in writing, prior to finalizing the construction drawings.

4.14 The University shall consider ground leasing to Resources for Community Development (or a similar private nonprofit housing developer) land at People ’s Park for the construction of a housing project to provide affordable and permanent supportive housing for the homeless. The University and City agree th at the campus will entitle the project in order to enable the non -profit developer to fund and construct the project, and will work with the City and non -profit developer to support state and outside funding to complete the project. The obligations of the University regarding the supportive housing project are contingent upon compliance with the California Environmental Quality Act and the approval of the des ign of the project by the Board of Regents, which is presently scheduled to consider the project in September of 2021.

4.15 Explore relocation and the cost of relocating the eight -unit building at 1921 Walnut Street, if it is technically feasible, to a site to be determined, prior to the commencement of construction of the Anchor House Student Housing Project , so long as moving the building does not result in increased time to the Anchor House Student Housing Project and/or the University, or delay the construction of the Anchor House Student Housing Project.

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4.16 Nothing in this Agreement shall be construed to limit, in any way, the land use or entitlement authority of the parties within their respective jurisdictions, no r to place any limits on either party ’s authority to undertake land use approvals, including but not limited to capital and other development projects, land use and development plans, or amendments thereto.

4.17 The University and the City will meet in good faith to discuss an extension or replacement of this Agreement beginning no later than two years prior to the Expiration Da te, upon the request by either party for such a meeting.

4.18 If a third party challenges this Agreement in court, the parties will work cooperatively to defend the Agreement. If a court determines that there are legal deficiencies in the Agreement or the process used to adopt the Agreement, the parties will work in good faith to correct any legal deficiencies and readopt comparable terms.

5. CITY SERVICES, FEES AND ASSESSMENTS

5.1 During the term of the Agreement, the City will not increase any municipal or service fees currently charged to the University by more than the percentage increase applicable to the public generally for such fees or impose or apply any municipal fees (including without limitation sewer fees and any developer impact fees) to the University that are not already being paid by the University. For the purpose of determining the baseline fee to which such increases would apply, the fees charged as of June 1, 2021 shall be the fees that the University is obligated to pay, as those fees may be inc reased consistent with the fee increase limitation of this Section.

5.2 The City will not make any proposals to include property owned by the University in any new assessments without the prior consent of the University.

6. CURRENT AND FUTURE LITIGATION

6.1 Upper Hearst . The City agrees to promptly dismiss the Upper Hearst Project lawsuit with prejudice and will represent to any court in the remaining Save Berkeley ’s Neighborhoods lawsuit challenging the Upper Hearst Project and SEIR (A lameda County Superior Court Case No. RG19022887) that the City does not oppose the Upper Hearst Project or the SEIR. The parties will be responsible for payment of their own attorneys ’ fees and costs , regardless of any decision issued by the trial court . If the City terminates this Agreement pursuant to either Section 7.3 or 7.4 below, this Section 6.1 shall expressly survive such termination.

6.2 Clark Kerr. The City agrees to promptly dismiss the City as a party with prejudice in the Clark Kerr Covenants Law suit (Alameda County Superior Court Case No.

RG19006256) and will represent to any court in the remaining Save Berkeley ’s Neighborhoods lawsuit challenging the Clark Kerr Covenants that the City has dismissed or intends to dismiss all causes of action in the lawsuit with prejudice. The parties will be responsible for payment of their own attorneys ’ fees and costs. If the City terminates this Agreement pursuant to either Section 7.3 or 7.4 below, this Section 6.2 shall expressly survive such termination.

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6.3 2021 LRDP , People ’s Park Housing Project, and Anchor House Student Housing Projects. The City agrees not to file any lawsuits, pursue any legal challenges, or directly or indirectly support any litigation (including without limitation through funding or by encouraging any litigation by an organization) that opposes: (1) the 2021 LRDP and 2021 LRDP EIR (2) the Anchor House Student Housing Project, (3) the People ’s Park Housing Project, including without limitation t he permanent supportive housing component; provided, however, the City retains all rights to challenge the Anchor House Student Housing Project and the People’s Park Housing Project if the University materially changes the scope of such projects in such a way that would cause new significant impacts or substantially increase the severity of impacts previously found to be significant . For avoidance of doubt , the City’s agreement in this Section with regard to the 2021 LRDP and 2021 LRDP EIR does not apply to amendments to the 2021 LRDP adopted during the term of this Agreement that are no t adopted in furtherance of the projects described in Section 6.4 about which the City agrees that it will not file any lawsuit, pursue any legal challenges, or directly or indirectly support any litigation (including without limitation through funding or by encouraging any litigation by an organization) under the California Environmental Quality Act ( “CEQA”) or any other theory . For the purposes of this Section, the scop e of the Anchor House Student Housing Project and the scope of the People ’s Park Housing Project are the respective project descriptions set forth in the 2021 LRDP EIR presented to the Regents for certification at its regular meeting in July 2021. If the City terminates this Agreement pursuant to either Section 7.3 or 7.4 below, this Section 6.3 shall expressly survive such termination.

6.4 Future Campus Capital Projects , Off-Campus Housing Projects & Enrollment Decisions. Unless the City terminates this Agreement pursuant to the termination rights described in Section 7.3 or 7.4 below, while the Agreement is in effect, the City will not file any lawsuit , pursue any legal challenges, or directly or indirectly support any l itigation (including without limitation through funding or by encouraging any litigation by an organization) under CEQA or any other theory to challenge the University’s decision to approve:
(1) a campus capital project on the University main campus or the Clark Kerr Campus (“Campus Capital Project ”); (2) any other campus capital project off of the University main campus that consists of more than 80 percent assignable square footage of housing (“Off-Campus Housing Project”); or (3) any enrollment decision made by the State of California or the University (“Enrollment Decision”). Unless the City terminates this Agreement pursuant to the termination rights described in Section 7.4 described below, the City will also not file any CEQA a ction challenging an enrollment increase.

6.5 If Sectio ns 6.3 or 6.4 are violated, this Agreement shall immediately terminate and be of no further force or effect, and the University need not comply with the notice and opportunity to cure provisions set fort h in Section 8.5 . If the City contends that the University has wrongfully invoked this Section and that the Agreement remains in effect in spite of the University ’s contention that this Section applies, the City may commence a lawsuit alleging that this A greement remains in effect and may seek injunctive relief to compel the University to comply with the Agreement’s terms.

6.6 For avoidance of doubt, the phrase “pursue any legal challenges, or directly or indirectly support any litigation ” as used in Section s 6.1, 6.2, 6.3 and 6.4 means a formal action by the City to commence litigation or to provide City funds or City resources to DocuSign Envelope ID: 1534B8BA-6F2F-4193-9061-CAF62365C562

support litigation instigated by others, and does not mean the enactment of non -binding resolutions of the Cit y Council or City boards and commissions, the statements of individual persons whether acting in their personal or official City capacities, or submission of comments to the University or other public agencies.

7. TERMINATION

7.1 This Agreement shall become effective upon execution of the undersigned, and shall supersede, replace, and terminate the 2005 Settlement Agreement in its entirety. Any monetary payments, if any, by the University to the City that woul d have been due on July 1, 2021 under the 2005 Settlement Agreement are replaced in full by the payment called for on July 1, 2021, in Section 3.1 of this Agreement. This Agreement shall terminate on Ju ne 30, 2037 (“Expiration Date”), or at such earlier date as set forth in this Agreement.

7.2 Intentionally Omitted.

7.3 Upon prior written notice to the University, the City may terminate this Agreement if the City decides to file a lawsuit challenging a Campus Capital Project or Off - Campus Housing Project, as defined in Section 6.4. If the City desires to file such a lawsuit, then the City may terminate this Agreement and permanently forego entitlement to future Annual Payments under this Agreement . In the event of such termination, the City ’s obligation to not challenge project approvals under Sections 6.1, 6.2 and 6.3 expressly survive such termination.

In the event of such termination, in such litigation or in any litigation filed by the City regarding a specific proposed capital project that is tiered from the 2021 LRDP EIR, the City shall not seek any compensation or damages related to enrollment increases at the University so long as the University does not increase campus undergraduate enrollment by an amount that exceeds one percent annual enrollment growth, compounded annually, compared to the 2020 -2021 undergraduate enrollment level, at the time such litigation is filed.

7.4 Upon prior written notice to the University, the City may terminate this Agreement (which shall also permanently terminate the University’s obligation to make Annual Payments pursuant to Section 3.1 of this Agreement) if the University decides to increase campus undergraduate enrollment by an amount that exceeds one percent annual enrollment growth, compounded annually, compared to the 2020 -2021 undergraduate enrollment level. In the event of such termination, the University and the City will have no further obligations under this Agreement except that the City’s obligation to not challenge a decision to approve the Upper Hearst Project, the 2021 LRDP, the Anchor House Student Housing Proj ect and the People ’s Park Housing Project under Sections 6.1, 6.2 and 6.3 expressly survives such termination.

8. MISCELLANEOUS

8.1 Time shall be of the essence in the performance and/or satisfaction of this Agreement and/or each individual term, promise, provision, obligation, sentence, clause or paragraph thereof.

8.2 The parties intend and agree that this Agreement, and each and every provision thereof, shall be binding and enforceable upon the parties according to the terms and provisions specified herein.

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8.3 This written Agreement constitutes the entire Agreement between the parties as to the matters referred to herein. Any other terms, promises, provisions, obligations or agreements by or between the parties shall be enforceable only as set forth in any other applicable written agreement.

8.4 After consultation with the undersigned counsel, each party to this Agreement represents and warrants that it authorized and has the capacity to enter into this Agreement, and that each signatory to this Agreement on its behalf is authorized and has the capacity to sign this Agreement on its behalf.

8.5 Except to the extent other remedies for default under this Agreement are otherwise specified herein, the parties ’ obligations under this Agreement shall be specifically enforceable, and any non -defaulting party may bring an action for specific performance or any other appropriate relief in the Superior Court , after providing written notice of breach to the breaching party and an opportunity to cure, as provided in Sections 8.5.1 to 8.5.2.

8.5.1. Except with regard to City breaches pursuant to Section 6.3 or Section 6.4, if a party to this Agreement believes another party has violated this Agreement, then the party asserting a violation shall notify the other party in writing. The n otice shall state the nature of the alleged violation and any proposed corrective action or remedy.

8.5.1.1 If the University asserts that the City has improperly spent or allocated a portion of an Annual Payment pursuant to Sections 3.4, 3.5, 3.6, or 3.7, the University shall offer as one available corrective action that the City allocate an equivalent amount of City funds for eligible services the following year.

8.5.2. The notifying party and the party receiving notice shall meet within fourteen (14) calendar days after the receiving party receives the notice, unless a different date is agreed to by both parties, to attempt to resolve the issues raised by the notice. If the parties are unable to reach agreement on whether a breach has occurred and/or take corrective action or remedy the breach within forty -five (45) days after this meeting, then the parties may pursue any enforcement process permitted by this Agreement.

8.6 This Agreement is intended only for the benefit of the parties. Nothing in this Agreement, express or implied, is intended to or shall confer upon any third party any legal or equitable right, benefit or remedy of any nature under or by reason of this Agreement. [The rest of this page has been intentionally left blank, followed by a signature page.] DocuSign Envelope ID: 1534B8BA-6F2F-4193-9061-CAF62365C562

_____________, 2021 CITY OF BERKELEY
______________________________
Jesse Arreguin
Mayor

______________________________
Dee Williams-Ridley
City Manager

Approved as to form:

CITY ATTORNEY
______________________________
Farimah Faiz Brown
City Attorney

_____________, 2021 UNIVERSITY OF CALIFORNIA,

BERKELEY

______________________________
Carol T. Christ
Chancellor

______________________________
Marc Fisher
Vice Chancellor, Administration

[Signatures continued on next page]

DocuSign Envelope ID: 1534B8BA-6F2F-4193-9061-CAF62365C562 7/27/2021
7/27/2021

_____________, 2021 THE REGENTS OF THE UNIVERSITY

OF CALIFORNIA

Approved as to form:

GENERAL COUNSEL OF THE REGENTS

OF THE UNIVERSITY OF CALIFORNIA

______________________________
Alison Krumbein
Attorney for the University of California and
the Regents of the University of California

DocuSign Envelope ID: 1534B8BA-6F2F-4193-9061-CAF62365C562 7/27/2021

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
April 12, 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 April 12, 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 $710,000.

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
Aquatic Park Paddling and
Rowing Club Parking Lot
Improvements
138 Park Tax $410,000
Finger Dock
Replacements, Phase 4
608 Marina
Operations/Maint $300,000
Total: $710,000

Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council April 12, 2022 Approval on April 12, 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 April 12, 2022
a. Aquatic Park Paddling and Rowing Club Parking Lot Improvements b. Finger Dock Replacement, Phase 4
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

Attachment 1
1 of 1

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
22-11514-C Aquatic Park
Paddling and
Rowing Club
Parking Lot
Improvements
4/13/2022 5/17/2022 Project consists of re-
surfacing and re-striping,
and ADA improvements to
existing parking lot and
pathways.

Parks Tax Fund $410,000 138-52-545-000-0000-000-
461-663110-PRWPP15002
PRW/Capital Jesus Espinoza
981-6708
22-11415-C Finger Dock
Replacements,
Phase 4
4/13/2022 5/4/2022 Replacement and repair of
finger docks at Berkeley
Marina
Marina Fund $300,000 608-52-545-000-0000-000-
473-663110-
PRWWF22008
PRW/Capital Sean Crothers
981-6744
Dept TOTAL $710,000
DEPT.

TOTAL
$710,000

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

CONSENT CALENDAR
April 12, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Abraham Roman, Fire Chief, Fire Department Subject: Purchase Order: Eight (8) Emergency Vehicle Utility Pickup Trucks for the Berkeley Fire Department

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to waive the competitive procurement process for purchase and upfitting of emergency vehicles for the Berkeley Fire Department (Department) for eight (8) utility pickup vehicles in an amount not to exceed $621,000.

FISCAL IMPACTS OF RECOMMENDATION
The purchase of these vehicles will not exceed $621,000 and includes delivery, CA tire fees, sales tax and upfitting costs. Funding for this purchase will be provided through the Vehicle Replacement Fund and the FY2022 Measure FF budget (Fund 164).

CURRENT SITUATION AND ITS EFFECTS
The Department has worked with General Services to attempt to procure vehicles through approved Cooperative Contracts since December of 2021. Due to supply chain delays related to the pandemic, these vehicles will either not be in production until an unknown date, or if in production, have forecasted lead times of 30 weeks or longer. An Invitation to Bid would not be advantageous at this time for the same two reasons.

These purchases are “deemed by the City Manager to be an actual emergency and of urgent necessity for the preservation of life, health or property” (City Charter Section 67a). They critical to the Departments ability to maintain and expand fire prevention activities in both the built and wildland interface areas of the city, maintain operational readiness for natural disasters and day-to-day emergency operations and advances the city’s strategic goals of creating a resilient, safe, connected, and prepared city and being a customer-focused organization that provides excellent, timely, easily-accessible service and information to the community.

The Department is requesting to waive competition for purchasing and upfitting these vehicles (with lights, sirens and other emergency accessories) so that the Department can secure the vehicles immediately when they are sourced. Once sourced, the

07

Purchase Order: eight (8) emergency vehicle utility pickup trucks for the Berkeley Fire Department CONSENT CALENDAR
April 12, 2022

Department needs to procure immediately from a dealership due to the low inventory of vehicles and high demand in the market.

The Department will be working to procure seven (7) pick-up trucks – either Hybrid Ford Mavericks, Ford F150s or an equivalent and one (1) pick-up truck – Ford F250 or equivalent. The actual mix of units is unknown and is dependent upon the inventory found to be available on dealer lots. Vehicles may be sourced through one or more than one dealer.

BACKGROUND
This situation is affecting nearly all public agencies in the market for vehicles. In order to maintain operations and expand our fleet to meet the expectations of the community around projects and programs such as wildfire prevention and emergency response these new fire vehicles are required much sooner than 30 weeks.

On March 22nd, 2019 Governor Newsom declared a state of emergency with regard to wildfire risk, “California and the western U.S. are facing an unparalleled risk of catastrophic wildfire in this new climate reality.”
On October 15th, 2019 the Berkeley City Council passed Resolution 69,147-N.S. declaring wildfire prevention and safety a stated top priority for the city of Berkeley.

Much of Berkeley is in the CalFIRE Very High Fire Hazard Severity Zone. A hazard zone that is considered amongst the most vulnerable to life safety during a wildfire event in the state of California. This hazard is based on the physical conditions that create a likelihood and expected fire behavior over a 30 to 50-year period without considering short-term modifications such as fuel reduction efforts.

The Department has been working diligently to implement new programs, projects, and hire new staff following the communities support and mandate enacted thought he passage of Measure FF in November of 2020. The pandemic and the resulting shortage of materials, equipment and qualified staff have made this particularly challenging. The Department continue to work with external stakeholders and internal city staff from various departments to develop creative solutions to these novel challenges.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
For every fleet purchase, Public Works staff researches the feasibility and availability of fully electric vehicles and hybrid-electric powertrains to support the City’s transition off fossil fuels. Staff research found that there are no viable electric vehicles for consideration.

In addition to the lack of available electric pickup trucks, there is no current infrastructure at the Fire Stations to support electric charging of vehicles. This purchase aligns with the 2020 Municipal Fleet Electrification assessment that recognized the lack

Purchase Order: eight (8) emergency vehicle utility pickup trucks for the Berkeley Fire Department CONSENT CALENDAR
April 12, 2022

of commercially available and viable medium and heavy-duty vehicles. The Municipal Fleet Electrification Assessment proposed to install 51 Charging Stations with 100 chargers and upgrade all 129 vehicles in the light duty fleet to EV by 2030. To Date, PW has installed 31 charging stations and 61 chargers. In the next two years, another five charger installations are planned and contingent on an additional budget allocation of $850,000, primarily for installation at the Corporation yard. In 2020, the fleet included 46 Hybrids and 15 plug-in hybrid-electric vehicles. Since then, the fleet has added 6 EV Sedans, 3 Hybrid SUVs for the Police Departments (PD), and 4 hybrid pickup trucks. In current FY, the city is processing orders for 11 EV Sedans, 8 PD hybrid SUVs. Public Works is on track to complete conversion of sedans and SUVs to EVs by 2028, two years ahead of the assessment’s schedule. In additions, the city fleet has reduced its consumption of traditional gasoline by 33% from a high in 2000, in part due to some of the changes above and because so much of the fleet runs on renewable diesel. Twenty on of the last years vehicle replacements were either hybrid or run-on renewable diesel.

RATIONALE FOR RECOMMENDATION
The vehicles are essential vehicles utilized to allow staff to conduct critical prevention activities in the community, respond to emergencies and natural disasters both in the community and throughout the State of California.

ALTERNATIVE ACTIONS CONSIDERED
Continuing with the normal procurement process which will result in a vehicle delivery sometime after November 2022 at the earliest.

CONTACT PERSON
Abraham Roman, Fire Chief, Fire Department, 510-981-3473 Attachments:
1: Resolution

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

PURCHASE ORDER: EIGHT (8) EMERGENCY VEHICLE UTILITY PICKUP TRUCKS

FOR THE BERKELEY FIRE DEPARTMENT
WHEREAS, the Department has worked with General Services to attempt to procure vehicles through approved Cooperative Contracts since December of 2021. Due to supply chain delays related to the pandemic, these vehicles will either not be in production until an unknown date, or if in production, have forecasted lead times of 30 weeks or longer; and
WHEREAS, these purchases are “deemed by the City Manager to be an actual emergency and of urgent necessity for the preservation of life, health or property” (City Charter Section 67a). They critical to the Departments ability to maintain and expand fire prevention activities in both the built and wildland interface areas of the city, maintain operational readiness for natural disasters and day-to-day emergency operations and advances the city’s strategic goals of creating a resilient, safe, connected, and prepared city and being a customer-focused organization that provides excellent, timely, easily- accessible service and information to the community; and WHEREAS, this situation is affecting nearly all public agencies in the market for vehicles.

In order to maintain operations and expand our fleet to meet the expectations of the community around projects and programs such as wildfire prevention and emergency response these new fire vehicles are required much sooner than 30 weeks; and WHEREAS, the Department is requesting to waive competition for purchasing and upfitting these vehicles (with lights, sirens and other emergency accessories) so that the Department can secure the vehicles immediately when they are sourced. Once sourced, the Department needs to procure immediately from a dealership due to the low inventory of vehicles and high demand in the market; and
WHEREAS, the Department will be working to procure seven (7) pick-up trucks – either Hybrid Ford Mavericks, Ford F150s or an equivalent and one (1) pick-up truck – Ford F250 or equivalent. The actual mix of units is unknown and is dependent upon the inventory found to be available on dealer lots. Vehicles may be sourced through one or more than one dealer.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to waive the competitive procurement process for purchase and upfitting of emergency vehicles for the Berkeley Fire Department (Department) for eight (8) utility pickup vehicles in an amount not to exceed $621,000.

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

CONSENT CALENDAR
April 12, 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: Mental Health Services Act Innovations - Encampment-Based Mobile Wellness Center Project

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to approve the Mental Health Services Act (MHSA) Innovations (INN) Encampment-based Mobile Wellness Center Project Plan and any extensions, for services, activities, and supports for unhoused individuals in Berkeley, in a total amount not to exceed $2,802,400 over a five-year period beginning in FY2023.

FISCAL IMPACTS OF RECOMMENDATION
Funding in the amount of $2,802,400 from MHSA INN revenue received from the State of California will be available for this project over a five-year period. The projected spending per each fiscal year will be as follows:

FY2023 FY2024 FY2025 FY2026 FY2027 TOTAL
$527,350 $566,150 $566,150 $566,150 $576,600 $2,802,400 Funding amounts will be made available in the budget each fiscal year in the ERMA GL code: 315-51-503-526-2020-000-451-636110.

CURRENT SITUATION AND ITS EFFECTS
The City receives State Mental Health Services Act (MHSA) Innovations (INN) funds on an annual basis. MHSA regulations require that MHSA INN are to be utilized on short term pilot projects that increase learning in the mental health field.

This proposed INN project will utilize $2,802,400 of MHSA INN funds to pilot a mobile wellness center that will offer a customizable menu of activities and services (i.e. food/hygiene, service navigation, trauma-informed wellness, and community/enrichment) to Berkeley’s unhoused population. The project will be implemented through a community provider that will be chosen following a Request for Proposal (RFP) process. A key innovation of this project will be to recruit and hire

08

MHSA INN Encampment-Based CONSENT CALENDAR
Mobile Wellness Center Project April 12, 2022

peers,
or individuals with lived or adjacent experiences of homelessness, to staff the wellness center. Wellness center funds will also be utilized to compensate a cohort of individuals who reside in encampment communities who will encourage the participation among individuals, help define service needs, and support service provision at the site.

Services and activities provided through this project will be responsive to the changing needs of the community. Services will be planned on a week-to-week basis, based on ongoing conversations with encampment community members. Coordination with local partners involved in current homeless outreach efforts will be central to service provision; in order to build on existing efforts and to mitigate duplicative service delivery.

Through collaboration with unhoused community members, the project will promote positive mental health outcomes for the target population through non-clinical means; such as service referrals, service linkages, and improvement of mental health wellness for participants. The plan also includes funding for an evaluation which will be conducted over the five-year timeframe to determine the effectiveness of the project.

The proposed plan was developed following robust input from individuals with lived or adjacent experiences of homelessness, community stakeholders, homeless service providers and advocates, and staff. A draft plan was initially reviewed by the Berkeley Mental Health Commission, the Berkeley MHSA Advisory Committee, and the California Mental Health Services Oversight and Accountability Commission (MHSOAC) and modified based on input received. A 30-day Public Review and Comment period was initiated from November 18 to December 17 2021, and was extended to January 26, 2022 to allow additional time for review. A Public Hearing was held on January 27 at the Mental Health Commission Meeting. Comments received during the Public Review period and/or at the Public Hearing fell into the following four areas:
 General feedback – Included comments that were both for and against the project, and general project questions.
 Utilizing Peer Providers in the project – Input received was supportive of the utilization of peers as providers, and included various questions around how peers would be trained and supported.
 Areas the project should incorporate – Included suggestions on additional areas the project should incorporate such as community First Aid classes and Harm Reduction, among others.
 Housing – Feedback was specific to housing availability, the need for additional housing, and the Section 8 Waiting List for housing.

Representatives from several community-based organizations also expressed support for the project and interest in the potential of collaborative efforts. Public comments are outlined in the Appendix A of the attached INN Plan and will be utilized to inform project implementation and/or future MHSA Plans and Updates.

MHSA INN Encampment-Based CONSENT CALENDAR
Mobile Wellness Center Project April 12, 2022

Following the Public Hearing, the Mental Health Commission passed the following motion:

M/S/C (Fine, Jones) Recommend that the Berkeley City Council to approve the Mental Health Service Act Homeless Wellness Encampment project and send it to the Department of Health Care Services and the Oversight and Accountability Commission for the State of California for MHSA funding. Ayes: cheema, Escarcega, Fine, Jones, Prichett; Noes: None; Abstentions: Opton; Absent: Taplin.

If this project is approved by the City Council, it will be reviewed by the Mental Health Oversight and Accountability Commission for final State approval.

BACKGROUND
State of California MHSA funds are provided to mental health jurisdictions to transform the mental health system through five funding components. The INN component is comprised of annually recurring funds for short-term pilot projects that contribute new learning in the mental health field. The MHSA program requires jurisdictions receiving the funds to create a stakeholder-informed, locally and state approved plan. The state required steps to obtaining an approved plan include: community program planning; the development of a draft plan; the initiation of a 30 Day public Review and Comment period; a Public Hearing at a Mental Health Commission meeting; and submissions to City Council and the State Mental Health Oversight and Accountability Commission for plan approvals.

Community program planning and the development of the plan was conducted by a local consultant, Resource Development Associates (RDA), who was hired by the Mental Health Division following a competitive bidprocess. Over a five-month period, robust input was collected from individuals with lived or adjacent experiences of homelessness, community stakeholders, and staff through in-person and online surveys, one-on-one interviews, and virtual community meetings. Following the series of community engagement activities, multiple working sessions were facilitated with local homeless outreach providers and advocates, and additional internal review by BMH staff and city leadership further refined the project proposal.

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

RATIONALE FOR RECOMMENDATION
State legislation requires mental health jurisdictions to create plans for INN funds and to obtain local approval on all MHSA Plans and Plan Updates. Approval of the MHSA INN Plan will fulfill state requirements, and is necessary in order to allocate INN funds as they were intended to be utilized. As homelessness in Berkeley disproportionately affects people of color, and in particular Black individuals and families, this project will also support department goals connected to increasing health equity.

MHSA INN Encampment-Based CONSENT CALENDAR
Mobile Wellness Center Project April 12, 2022

ALTERNATIVE ACTIONS CONSIDERED
As obtaining approval on INN plans by the local governing body is a state requirement, no other alternative actions were considered. The City could choose not to implement this project, which would not be recommended, as it would limit access to innovative wellness activities, services and supports for the unhoused population

CONTACT PERSON
Karen Klatt, Community Services Specialist III, HHCS, (510) 981-7644 Attachments:
1: Resolution
Exhibit A: MHSA INN Encampment-Based Mobile Wellness Center Project

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

MENTAL HEALTH SERVICES ACT (MHSA) INNOVATIONS (INN) ENCAMPMENT-

BASED MOBILE WELLNESS CENTER PROJECT
WHEREAS, the City’s Department of Health, Housing, and Community Services, Mental Health Division, currently receives Mental Health Services Act (MHSA) Innovations (INN) funds on an annual basis for short term projects that will increase learning in the mental health field through strategies that will either improve the access, quality, or outcomes of services, and/or promote community collaborations; and
WHEREAS, in order to utilize MHSA INN funds, the Mental Health Division must have a stakeholder informed, local and State approved plan in place; and WHEREAS, the state required steps to obtaining an approved plan include: Community program planning; the development of a draft plan; the initiation of a 30-day public Review and Comment period; a Public Hearing at a Mental Health Commission meeting; and submissions to City Council and the State Mental Health Oversight and Accountability Commission for plan approvals; and
WHEREAS, community program planning and the development of the plan was conducted by a local consultant, Resource Development Associates (RDA), who was hired by the Mental Health Division following a competitive bid process; and WHEREAS, over a five-month period, robust input was collected from individuals with lived or adjacent experiences of homelessness, community stakeholders, and staff through in-person and online surveys, one-on-one interviews, and virtual community meetings; and
WHEREAS, following the series of community engagement activities, multiple working sessions were facilitated with local homeless outreach providers and advocates, and additional internal review by BMH staff and city leadership further refined the project proposal; and
WHEREAS, a draft plan was developed to allocate $2,802,400 of INN funds to be utilized over a five-year period, to implement a Mobile Wellness Center for services, activities, and supports for the unhoused population in Berkeley; and WHEREAS, the Draft Plan was initially reviewed by the Berkeley Mental Health Commission, the MHSA Advisory Committee, and the California Mental Health Services Oversight and Accountability Commission (MHSOAC), and was modified based on input received; and
WHEREAS, A Public Review and Comment period was initiated from November 18 through January 26, followed by a Public Hearing on January 27 at the Mental Health Commission Meeting; and

April 12, 2022

WHEREAS, funding for this contract will be available each fiscal year from FY2023 – FY2027 through ERMA GL Code: 315-51-503-526-2020-000-451-636110.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to approve the MHSA INN Encampment-based Mobile Wellness Center Project Plan and any extensions, for services, activities and supports for homeless individuals in Berkeley, in a total amount not to exceed $2,802,400 over a five-year period beginning in FY2023.

Exhibit:

A: MHSA INN Encampment-Based Mobile Wellness Center Project

EXHIBIT A

City of Berkeley MHSA Innovation
Project Plan
Encampment-based Mobile Wellness Center
City of Berkeley Mental Health Division

City of Berkeley Mental Health Division
MHSA Innovation Project Plan

Table of Contents
Section 1: Innovation Requirement Categories ........................................................................ 3 General Requirement: ...................................................................................................................... 3 Primary Purpose: ............................................................................................................................. 3 Section 2: Project Overview ..................................................................................................... 4 Primary Problem .............................................................................................................................. 4 Proposed Project: Encampment-based Mobile Wellness Center ....................................................... 4 Wellness Center Service Provision ........................................................................................................................ 6 Wellness Center Service Location ......................................................................................................................... 7 Wellness Center Service Team .............................................................................................................................. 8 Research on Proposed Innovation Project ........................................................................................ 9 Learning Goals ............................................................................................................................... 11 Section 3: Regulatory Requirements ...................................................................................... 12 Contracting .................................................................................................................................... 12 Community Program Planning ........................................................................................................ 12 MHSA General Standards ............................................................................................................... 14 Project Sustainability ..................................................................................................................... 15 Communication & Dissemination Plan............................................................................................ 15 Timeline ......................................................................................................................................... 16 Section 4: INN Project Budget & Source of Expenditures ........................................................ 16 Budget Narrative ............................................................................................................................ 16 Budget by Fiscal Year ..................................................................................................................... 18 Appendix A……………………………………………………………………………………………………………………………………1A

City of Berkeley Mental Health Division
MHSA Innovation Project Plan

Section 1: Innovation Requirement Categories
General Requirement:

An Innovative Project must be defined by one of the following general criteria. The proposed project:
☐ Introduces a new practice or approach to the overall mental health system, including, but not limited to, prevention and early intervention
☒ Makes a change to an existing practice in the field of mental health, including but not limited to, application to a different population
☐ Applies a promising community driven practice or approach that has been successful in a non- mental health context or setting to the mental health system ☐ Supports participation in a housing program designed to stabilize a person’s living situation while also providing supportive services onsite
Primary Purpose:

An Innovative Project must have a primary purpose that is developed and evaluated in relation to the chosen general requirement. The proposed project:
☐ Increases access to mental health services to underserved groups ☐ Increases the quality of mental health services, including measured outcomes ☒ Promotes interagency and community collaboration related to Mental Health Services or supports or outcomes
☐ Increases access to mental health services, including but not limited to, services provided through permanent supportive housing

City Name: City of Berkeley
Project Title: Encampment-based mobile wellness center for Berkeley’s unhoused community members Total Amount Requested: $2,802,400
Project Duration: 5 years
Summary Statement: Pilot an encampment -based mobile wellness center that offers a customizable menu of activities and services (i.e. food/hygiene, servic e navigation, trauma -informed wellness, and community/enrichment) and is staffed by a team of peers that can offer culturally -specific services , including individuals from encampment communities in Berkeley.

City of Berkeley Mental Health Division
MHSA Innovation Project Plan

Section 2: Project Overview
Primary Problem
What primary problem or challenge are you trying to address? Please provide a brief narrative summary of the challenge or problem that you have identified and why it is important to solve for your community.

Describe what led to the development of the idea for your INN project and the reasons that you have prioritized this project over alternative challenges identified in your county.

Approximately 1,100 unhoused individuals live in Berkeley, including both sheltered and unsheltered environments.1 This represents 1% of Berkeley’s total population. Not only is homelessness prevalent in Berkeley, most of the time it is also long-term : of the 1,100, 64% reported that their current episode of homelessness has lasted one year or more . Across the three most recent citywide point -in-time counts (2015-2019), u nhoused Berkeley residents consistently identify supportive services , such as benefits/income assistance, rental assistance, or mental health services, as interventions that may have prevented homelessness. These findings indicate gaps in service accessibility, availability, and/ or awareness when homelessness prevention is still possible. Moreover, as much as supportive services are needed upstream before homelessness occurs , they grow even more vital when an individual or family becomes unhoused. In recent years, including throughout the six- month long community input process that resulted in this project proposal, Berkeley residents consistently name homeless services as a top citywide priority.

Though both direct and supportive services for the homeless population are urgently needed and increasingly funded, take-up among unhoused community members in Berkeley remains low for certain services, particularly mental health services. Berkeley Mental Health (BMH) and the City of Berkeley have funded a wide variety of outreach teams to try and connect unhoused individuals to mental health services, and though these efforts have had some success, there remain a large set of individuals who indicate that they are uninterested in services despite appearing to have mental health conditions.

Successfully supporting mental health and wellness for individuals who are not connecting to mental health services remains a gap and a challenge in the service landscape. To address this challenge, this project proposes an innovation at the nexus of service provision (by focusing on services that unhoused community members define as supportive of mental health, rather than explicitly and/or exclusively clinical services), service location (by bringing services onsite to encampments in Berkeley), and service providers (by employing individuals with lived or adjacent experience to homelessness, including individuals from encampment communities in Berkeley).

Proposed Project: Encampment-based Mobile Wellness Center Describe the INN Project you are proposing. Include sufficient details that ensures the identified problem and potential solutions are clear. In this section, you may wish to identify how you plan to implement the project, the relevant participants/roles within the project, what participants will typically experience, and any other key activities associated with development and implementation.

For its Innovation project, BMH is proposing an encampment -based mobile wellness center that would provide a menu of customizable services to Berkeley’s unhoused population. The proposed project was developed using input obtained from community members with lived or adjacen t experience s of homelessness during the community program planning (CPP) process. Through in -person and online surveys, 1:1 interviews and virtual community meetings, BMH collected robust input during the CPP process.

1 https://everyonehome.org/wp-content/uploads/2019/09/2019HIRDReport_Berkeley_2019-Final.pdf

City of Berkeley Mental Health Division
MHSA Innovation Project Plan

The proposed innovation is embedding a mobile wellness center at encampment locations, with peer-led, customizable services that are supported by members of encampment communit ies in Berkeley. This combination is an innovative delivery model for services that promote health and wellness, while also being designed for those experiencing homelessness in our communities.

The proposed project adapts existing homeless outreach practices by operationalizing community input in the following ways.
• Service Provision: Rather than operating on a blanket assumption that clinical and/or psychiatric services should be prioritized, the wellness center project focuses on services identified by unhoused community members as most supportive of mental wellness. These are not traditional clinical mental health services.
• Service Location: The wellness center will be a mobile service center stationed at locations where homeless individuals are staying in Berkeley. By hosting services onsite at encampment s and other locations where homeless individuals are staying , outreach transforms from outside- in to inside-out, from sporadic to ongoing, and from disconnected to integrated. • Service Providers: Wellness center staff, including the program manager and peer providers, will include individuals with lived or adjacent experience of homelessness and/or recovery. In addition, the wellness center program will use funds to compensate individuals from encampments to connect consumers to services, incentivize participation among exis ting and potential consumers, and engage in day-to-day program planning and operations.

While many homeless outreach and/or mobile engagement programs employ peers, and others co-locate services with other agency (i.e. educational) or institutional (i.e. correctional) providers, no program adapts homeless outreach services in the above ways.

As the wellness center will not explicitly focus on clinical and/or psychiatric services, the project does not aim to directly increase access to traditional mental health services, nor improve the quality of traditional mental health service provision. Rather, it aims to leverage collaboration with unhoused community members to promote mental health outcomes for the target population through non -clinical means , which may include increases in service referrals, service linkages, and improvement of mental health wellness for participants. Figure 1 below summaries key components of the project proposal.

BMH Mobile Wellness Center: Delivering Customizable, Trauma- Informed, Onsite Services to Unhoused Community Members Encampment-based, with the
ability to provide onsite services
to encampments and other
locations where homeless
individuals are staying.

Customizable menu of services,
to focus on four primary service
areas: food/hygiene, benefits &
service navigation, wellness, and
community enrichment.

Peer-led service delivery team,
including partners recruited
directly from encampment
communities in Berkeley.

Figure 1. Innovative Components of Wellness Center Project

City of Berkeley Mental Health Division
MHSA Innovation Project Plan

The wellness center will deliver onsite services to Berkeley community members who are unhoused .

Proposed services are informed directly from community input, with an emphasis on input from community members with lived experiences of homelessness during the CPP process. While some input did call for outreach that included therapeutic services, much of the input called for supportive services more generally. Table 1 lists the wellness center’s proposed service areas:

Table 1. Proposed Service Areas & Service Participants
Many of the above food, hygiene, and navigation services are comparable to those commonly provided by homeless outreach treatment teams and/ or mobile engagement teams. However, in the mobile wellness center environment, service provision will be directed by the changing needs of the community, Food & Hygiene
Services
Benefits Enrollment
& Service Navigation
Trauma-Informed
Wellness Services
Enrichment &
Community Services
Proposed Service Areas - Mobile showers
- Hand-washing
- Laundry tokens
and/or laundry
services
- Snacks, water
- Toiletries &
personal hygiene
products
- Benefits
enrollment (i.e.

Medi-Cal,
Medicaid,
veterans’ services,
HUD)
- ID/document
recovery
- Appointment
reminders
- Transit assistance
- Medication
counseling
- Meditation &
mindfulness
- Massage therapy
- Music therapy
- Stress
management
counseling
- Peer-led wellness
services
- Day storage
- Community
enrichment
events
- Movement &
exercise classes
- Guided walks and
nature-based
enrichment
- Community
library
Service Estimates

BMH estimates that
up to 250 individuals
will receive
food/hygiene services
each year, with 5-10%
connecting to outside
mental health services
via this service area.

BMH estimates that
up to 150 individuals
will receive benefits/
navigation services
each year, with 5-10%
connecting to outside
mental health services
via this service area.

BMH estimates that
up to 150 individuals
will receive wellness
services each year,
with 5-10%
connecting to outside
mental health services
via this service area.

BMH estimates that
up to 150 individuals
will receive
enrichment services
each year, with 5-10%
connecting to outside
mental health services
via this service area.
“It’s not a psychiatrist they need, it’s not a behavioral modification they need ; what they need is the basics of life – the ability to eat, wash themselves, read a book, meditate, drink water, take a walk, be around the people who you want to be around, go to the library. If those things were guarantee d, it would support mental health and head off the cases where people develop more deeply entrenched conditions, where they start evidencing behaviors that people assume are intrinsic – not realizing [these behaviors] are from all the times when they don’t know where they will be eating, will they have to eat out of a trash can, if when they sleep will someone kick them in the head.” - Berkeley community member experiencing homelessness

City of Berkeley Mental Health Division
MHSA Innovation Project Plan

with week-to-week service provision being planned via ongoing conversations with members of encampment communit ies. For example, while psychiatric and/or therapeutic services are not listed above due both to low take-up of these services among members of the unhoused population in Berkeley historically and a minority of community input requesting these services, community needs may shift, and wellness center staff will adapt service provision as needed. The customizable nature of service provision will be made possible through the provider i tself, which will be a local organization with deep expertise across proposed service areas.

Coordination with local partners involved in current homeless outreach efforts will be central to service provision, in order to both build on existing efforts a nd to mitigate duplicative service delivery. For example, the wellness center program might partner with a local food pantry to coordinate meal delivery efforts to the encampment population. Input from members of the encampment community, those with lived experience of homelessness, and the service provider will also inform service provision in a fluid and iterative way, based on identified needs. This was a central theme of the input received from community members and individuals with lived experience during the CPP process – that services should support wellness in creative ways, without assuming that psychiatric or clinical intervention is appropriate for everyone. Community members shared that service delivery should be adaptive and offer a diverse menu of services.

Target Population. BMH estimates that the wellness center will serve up to 250 unique individuals each year, or roughly 25% of Berkeley’s current unhoused population. This estimate is based on annual service data from organizations providing outreach services to the unhoused population in Berkeley. The service estimates vary among service areas, as food/supplies represent a majority of services currently provided, compared to case management or other services. For this reason, the above esti mates use the best available data, but still may be an over count of food/hygiene services and an undercount of other service areas.

BMH expects that individuals served by the wellness center will in large part reflect the demographics of the unhoused population in Berkeley. As described by the most recent point-in-time count conducted in 2019, the target population is predominantly male (66%), non -Hispanic/Latinx (88%), Black/African American (57%), single (vs. families), and does not identify as LGBTQ+ (86%) . Around half (48%) of the target population is local and has lived in the community for 10 years or more.

The target population also has significant medical needs: 41% reported a disabling health condition, with 28% reporting chronic health problems. Just under one-half (42%) reported a psychiatric or emotional condition, 32% reported a substance use disorder, and 31% reported PTSD. The proposed design of the wellness center is responsive to these needs in regards to both the types of services provided as well as how those services are delivered.

When the plan was initially developed, the City was planning to have a sanctioned encampment, and has since determined it could not find a p lace for one, so the mobile wellness center will go to multiple encampment sites, or other locations where unhoused individuals are staying. This means that it can provide onsite services where needed, can move where and if the community it is serving chan ges locations, but will have a consistent, visible presence wherever homeless individuals are staying. The plan is for the locations of service to remain flexible, as the location of encampments and other locations where homeless individuals are staying is fluid and changes on a regular basis.

The location of the proposed wellness center is one way in which it is intended to feel a part of the community it is serving. The other way this project aims to deliver services from the inside-out rather than

City of Berkeley Mental Health Division
MHSA Innovation Project Plan

the outside-in is by bringing peers and individuals with lived experience, including individuals residing in the encampment, onboard the wellness center team.

A key innovation of this project is that it will recruit and hire peers, or individuals with lived or adjacent experiences of homelessness, to staff the wellness center. In addition, the wellness center will compensate individuals who reside in encampment communities in Berkeley to support wellness center services in a separate capacity.

Since a community-based organization (CBO) will be implementing this project (not BMH), the CBO will hire the positions that will staff the mobile wellness center and will recruit and provide stipends to the individuals from encampment communities in Berkeley who are brought on to support wellness center activities.

While position titles will be adapted and finalized by the CBO during program launch planning, broadly , the wellness center team will consist of a program director, program manager, peer providers, and members of the encampment community. For the purposes of this project plan, individuals from Berkeley encampment communities who are brought on to work with the wellness center team are referred to as partners from encampment communities. This role, modeled on the Community Health Worker role as defined by the California Healthcare Foundation, will have the following core competencies and key duties:
2 • Cultural Competency. Acting as a liaison between the encampment community and the wellness center, partners from encampment communities should represent and be able to communicate the needs of the encampment community . T heir input and feedback should inform ongoing processes and programming as part of the wellness center project. • Information & Resource-Sharing. Care for and support consumers by doing things such as sharing information regarding resources, documenting wellness center and service-specific utilization, and supporting the care and education provided by wellness center staff. • Social Supports. Provide social support by being available to listen and talk through problems that consumers are experiencing, and referring them to the appropriate wellness center staff member(s). Onsite referrals from encampment community partners are meant to facilitate introductions and trust-building with wellness center staff. • Self-Care Coaching. Educate consumers about self-care and help them learn self-care skills.

Partners from encampment communities will help encourage participation at the wellness center, help define service needs, and support service provision at the site. It will be up to the CBO implementing this project to define the criteria for this role. This proposal is therefore purposefully not prescriptive in defining eligibility. BMH would like to give CBO bidders an opportunity to leverage their insight and expertise in their proposals to define criteria for recruitment, as well as the training plan for this role.

BMH will defer to bidders to define the number and duration of cohorts of encampment community partners. However, proposals must include a plan for providing stipends and guaranteeing compensation for their work at the center.

2 California Healthcare Foundation. “Building peer support programs to manage chronic disease: seven models for success.” Published Dec 2006. https://www.chcf.org/wp-content/uploads/2017/12/PDF- BuildingPeerSupportPrograms.pdf
Peer
program
manager
Members of
encampment
communities
Peer
providers
Community
of practice

City of Berkeley Mental Health Division
MHSA Innovation Project Plan

Full-time, onsite peer providers will coordinate and deliver wellness center services . This is a separate role from the partners from encampment communities . The latter are members of an encampment community who will be stipended, while peer providers will be FTE staff hired by the CBO. Peer providers will be trained in trauma -informed best practices for service delivery. Peer providers will have the following key duties, modeled on best practices set by the National Health Care for the Homeless Council, or NHCHC (these key duties are drawn from community input and cross-walked to NHCHC practices):3 • Outreach/Enrollment. Assist with enrollment into housing, nutrition, and health insurance programs and entitlements; provide culturally competent enrollment, health edu cation, and outreach services; conduct motivational interviewing and rapport building with potential clients using empowering language and taking the lead from the client; offer friendly and helpful advice based on problems and concerns identified by the c lient; offer day-to -day survival tips and kits such as first aid, clothing, water, hand sanitizer, etc. • Navigation. Help clients fill out and file paperwork for Medicaid, Medicare, Veterans Services, HUD, local housing authority, prescription coverage, and any other services; follow -up and track individuals experiencing homelessness and/or recently housed; schedule and remind clients of appointments and provide transportation if necessary; facilitate client empowerment to fully engage with all members of their health care team; accompany consumers on medical visits as a source of support; help consumers access needed supports for transitions such as attaining housing.
• Advocacy/Education. Develop and utilize connections with community service representatives to help clients get what they need; work with partners from the encampment community to update provider teams about what issues consumers are facing; collaborate with partners from the encampment community in program planning for the wellness center.

BMH expects proposals to include a robust training plan for wellness center staff, including a component for supervision and continuous performance evaluation. Depending on the proposal and the capacity of the service provider, this may involve subcontracting with organizations to provide training services.

Stakeholder input emphasized the need for training and oversight, particularly to provide clear pathways for peer-to-peer team-building and conflict resolution. BMH would like to give bidders an opportunity to leverage their expertise to propose training components and performance evaluation modalities, rather than be prescriptive in this proposal as to what that will or should look like.

Finally, a community of practice comprised of program staff, consumers, community advocates, and city leaders will meet quarterly to create a learning space to exchange insights and tackle challenges related to the wellness center project. This community of practice may take the form of a formal advisory group or an informal relationship-building space. Following project approval and during the initial project development phase, the provider will work with stakeholders and community members , including unhoused Berkeley residents and homeless outreach staff, to collect input on how they would feel best supported by the community of practice.

Research on Proposed Innovation Project
Describe the efforts made to investigate existin g models or approaches close to what you’re proposing.

Have you identified gaps in the literature or existing practice that your project would seek to address? Please provide citations and links to where you have gathered this information.

3 Community Health Workers in Health Care for the Homeless: A Guide for Administrators. National Health Care for the Homeless Council, June 2011. https://nhchc.org/

City of Berkeley Mental Health Division
MHSA Innovation Project Plan

Wellness Centers. Many homeless-serving agencies and community-based organizations in local jurisdictions have implemented wellness centers to deliver a multitude of services. Some localities, such as Victorville in San Bernardino County, are developing large wellness center campuses that will offer medical, recreational, and supportive services to individuals experiencing homelessness.4 Wellness center campuses are innovative, complex projects with high start-up and operational costs, with service delivery occurring in a brick -and-mortar location . Other cities, such as Los Angeles, provide multiple smaller wellness centers as service access points for the unhoused population.5 These examples of brick-and-mortar wellness centers largely operate during weekday business hours, and none of them are located within an encampment itself (although Los Angeles does have centers adjacent to Skid Row). BMH seeks to further innovate on the existing brick -and-mortar wellness center model by proposing a smaller-scale, mobile model that is able to go to multiple encampments.

Mobile Approaches in Healthcare for the Homeless. Generally, mobile models used in healthcare for the homeless (HCH) programs are limited to mobile health clinics, and BMH did not identify current or ongoing examples of mobile wellness centers that are co-located with existing encampments. Mobile health clinics embedded within a local or regional HCH service landscape, on the other hand, are increasingly common and well-researched, with thousands of active mobile health clinics nationwide. 6 One such example is WeHOPE in East Palo Alto, which has a fleet of vehicles delivering mobile homeless services, including onsite hygiene services. 7 The learning goals described in the following section are adapted in part from outcomes often seen in mobile health clinics. In this way, BMH looks to build on emergent learnings from the mobile HCH service landscape.

Peer-led Service Delivery. Integrating peer -led service delivery into mental health, substance use disorder, or homeless outreach programs is an emergent best practice across the HCH service landscape.

Peer providers may already be credentialed, or the hiring organization may provide training as part of onboarding or ongoing professional development. In other cases, peers may not receive extensive formal training, or they may be volunteers. Regardless of the specifics of the position or training, a growing body of evidence suggests that the non -hierarchical, reciprocal relationship created between a peer pr ovider and a consumer leads to better health outcomes.8
Wellness centers may be staffed by peers, such as the RAMS Inc. Peer Wellness Center in San Francisco. 9 These wellness centers provide many of the same services that BMH is proposing to include in its wellness center. However, though many peer -staffed wellness centers do provide targeted services for people experiencing homelessness, BMH could not find examples of peer teams that formally include individuals from encampment communities on the team.

4https://www.victorvilleca.gov/services/homeless-outreach/homeless-land-page/city-iniatives/wellness- recuperative-care-center
5 https://www.thepeopleconcern.org/homeless-services/
6 Yu, Stephanie W Y et al. “The scope and impact of mobile health clinics in the United States: a literature review.” International journal for equity in health vol. 16,1 178. Published Oct 2017. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5629787/
7 https://www.wehope.org/mobile
8 California Healthcare Foundation. “Building peer support programs to manage chronic disease: seven models for success.” Published Dec 2006. https://www.chcf.org/wp-content/uploads/2017/12/PDF- BuildingPeerSupportPrograms.pdf
9 https://ramsinc.org/peer-based/

City of Berkeley Mental Health Division
MHSA Innovation Project Plan

Learning Goals
What is it that you want to learn or better understand over the course of the INN Project ? How do your learning goals relate to the key elements/approaches that are new, changed or adapted in your project? This project proposes innovations related to the method (peer- and community member-led) and location (encampment-based) of HCH service delivery. The following learning goals reflect what the project seeks to better understand in terms of the potential impacts of these innovations on consumer outcomes: Does providing wellness services onsite, in an encampment environment, make a difference in terms of consumers’ self-reported overall health and mental health, and their take-up of other health and mental health services? Does it matter that individuals from the encampment community are brought on -board and compensated to help deliver these services?
These questions are captured in the learning goals in Table 2 below. Target outcomes are listed for each learning goal, as well as the data that will be collected to measure progress toward these outcomes. While the specific data collection modalities may change, particularly as service providers transition from virtual back to in-person services, the survey and other tools listed are exemplars intended to reflect the key outcomes supporting each learning goal.

For each of these learning goals, the data collected by the evaluation team at pre-launch or at program launch will comprise the baseline levels for future evaluation reporting . From a program evaluation perspective, because there is not currently reliable data collection and reporting infrastructure to pull historical data from and provide to the evaluation team, the data collected by the evaluation team during its first data collection cycle will comprise the baseline for the learning goals. This will also provide an opportunity for the evaluation team to develop and calibrate mixed methods data collection tools.

Table 2. Proposed Project Learning Goals
LG 1. Do onsite wellness
center services have an
impact on consumers’ overall
and/or mental health?
LG 2. Do onsite wellness
center services increase take-
up of mental health services
more broadly among
consumers?
LG 3. How does having
individuals from the
community help provide
services shape delivery,
including satisfaction with
services?
What do
we want
to learn?
#/% self-reported changes
in overall health (+/-)
#/% self-reported changes
in mental health (+/-)

New referrals:
# of new service referrals
#/% linkages to services
#/% service engagement
Existing referrals:

Δ in service engagement
for wellness center
consumers with prior
service referrals
% satisfaction with
wellness center services
#/% new vs. returning
consumers
#/% of consumers recruited
to wellness center services
via partners from the
encampment community
Δ in service take-up
between wellness center
consumers & baseline
service take-up

City of Berkeley Mental Health Division
MHSA Innovation Project Plan

These learning goals, along with the proposed key outcomes and data collection modalities, reflect the intention of the project evaluation to include robust and meaningful stakeholder participation.

Section 3: Regulatory Requirements
Contracting
If you expect to contract out the INN project and/or project evaluation, what project resources will be applied to managing the County’s relationship to the contractor(s)? How will the County ensure quality as well as regulatory compliance in these contracted relationships? BMH will follow all City of Berkeley contracting procedures to implement a Request for Proposal (RFP) process and execute a contract with the chosen vendor. BMH staff will monitor the contractor ’s performance to ensure quality and regulatory compliance.

Additionally, in terms of ensuring quality in service delivery, a s part of the RFP process BMH will require bidders to demonstrate a clear understanding of current homeless outreach efforts that are underway in the community, and furnish an implementation plan that describes how this project will interface with existing efforts and coordinate with other service providers in the community.

Community Program Planning
Please describe the County’s Community Program Planning process for the Innovative Project, encompassing inclu sion of stakeholders, representatives of unserved or under -served populations, and individuals who reflect the cultural, ethnic and racial diversity of the County’s community.

BMH conducted a series of virtual community outreach events during October – February 2020-21 to meet Community Program Planning (CPP) requirements as part of its MHSA Innovation project development process.

With a core objective of identifying a project to support the mental health needs of unhoused community members, BMH implemented a two -tiered CPP process: first, BMH solicited feedback from individuals with lived experience as well as from community members more broadly; then, BMH engaged providers and advocates working in mental health and homelessness to review and further iterate community input.

As part of the initial CPP process, BMH conducted the following community outreach activities:
• 1:1 phone interviews with individuals with lived experiences of homelessness • Paper surveys, administered by outreach staff, for individuals with lived experience of homelessness who were unable to complete an interview
• Virtual town hall, open to all Berkeley community members How will
we learn
it?
✓ Pre/post surveys
measuring consumers’ self-
reported overall health and
mental health
✓ Focus groups with
wellness center consumers
✓ Onsite observations at
wellness center location(s)
✓ Interviews with wellness
center consumers
✓ Interviews with wellness
center staff
✓ Interviews with
community-based service
providers
✓ Program-level service
referral/linkage data
✓ Focus groups with
wellness center consumers
✓ Focus groups with
wellness center staff
✓ Pre/post satisfaction
surveys for wellness center
consumers
✓ Onsite observations at
wellness center location(s)

City of Berkeley Mental Health Division
MHSA Innovation Project Plan

• Online community survey, open to all Berkeley community members Following this series of community engagement activities, BMH facilitated multiple working sessions with local homeless outreach providers and advocates. The qualitative data from the initial CPP activities, together with the perspectives of local stakeholders with expertise in housing and homelessness, yielded a rich set of prospective project proposals. Additional internal review by BMH staff and city leadership further refined the Innovation project proposal.

Once the initial draft plan was created, it was reviewed by the Berkeley Mental Health Commission, the MHSA Advisory Committee, and the California Mental Health Services Oversight and Accountability Commission (MHSOAC). The plan was then modified based on input received.

Figure 2 below shows the CPP process timeline for the Innovation project plan.

Due to the virtual nature of the Innovation CPP meetings, BMH was unable to obtain consistent demographic data for CPP process participants other than for paper survey respondents (paper surveys were administered to individuals experiencing homelessness).

Among paper survey respondents, 33% of respondents identify as Black or African American and 33% identify as White. Other race/ethnicity response categories are suppressed due to n<10. In terms of gender identity, 71% of respondents identify as men. Other gender identity categories are suppressed due to n<10. While all age categories are suppressed due to n<10, ages of survey respondents were equally distributed across age groups with the exception of lower response rates among respondents aged 18-29.

The draft plan was posted on the City of Berkeley’s MHSA webpage and a 30 Day Public Review on the plan was held from November 18 to December 17. Notifications of the 30 Day Public Review were emailed and mailed to community members, MHSA Stakeholders, City Commissioners and City of Berkeley staff. As the 30 Day Public Review period was held near the holidays, BMH decided to extend the timeframe to provide input until January 26, 2022. During this period a Press Release on the Draft Plan was initiated to provide broad awareness of the Draft Plan. A Public Hearing on the Draft Plan was held at the Mental Health Commission Meeting on January 27, 2022. Input received during either the public review period or the public hearing fell into the the following four categories:

Figure 2. Community Program Planning Timeline

City of Berkeley Mental Health Division
MHSA Innovation Project Plan

• General feedback – Included comments that were both for and against the project, and general project questions.
• Utilizing Peer Providers in the project – Input received was supportive of the utilization of peers as providers, and included various questions around how peers would be trained and supported. • Areas the project should incorporate – Included suggestions on additional areas the project should incorporate such as community First Aid classes and Harm Reduction, among others. • Housing – Feedback was specific to housing availability, the need for additional housing, and the Section 8 Waiting List for housing.

Representatives from several community-based organizations also expressed support for the project and interest in the potential of collaborative efforts. Public comments are outlined in the Appendix A of this INN Plan and will be utilized to inform project implementation and/or future MHSA Plans and Updates.

Following the Public Hearing, the Mental Health Commission passed the following motion:

M/S/C (Fine, Jones) Recommend that the Berkeley City Council to approve the Mental Health Service Act Homeless Wellness Encampment project and send it to the Department of Health Care Services and the Oversight and Accountability Commission for the State of California for MHSA funding. Ayes: cheema, Escarcega, Fine, Jones, Prichett; Noes: None; Abstentions: Opton; Absent: Taplin.

MHSA General Standards
Using specific examples, briefly describe how your INN Project reflects, and is consistent with, all potentially applicable MHSA General Standards listed below . If one or more general standards could not be applied to your INN Project, please explain why.
• Community Collaboration. This project was informed by an extensive community collaboration process. The final project idea w as generated directly as a result of the two- tiered CPP process described above.
• Cultural Competency. The CPP process centered the perspectives of individuals with lived experiences of homelessness. A result of this is the main framing of this project; nam ely, that is does not purport to offer explicitly clinical interventions at an encampment site. Community members with lived experience shared nuanced perspectives, many of which called for more accessible opportunities for wellness opportunities and social interaction more holistically. This is what the wellness center proposes – to make services immediately accessible, and to make the center a “generalist” health/wellness endeavor, with a customizable menu of service offerings.

Moreover, ongoing program planning will be informed via collaboration between the provider team and unhoused community members , ensuring the services remain relevant and culturally competent.
• Client & Family -Driven. Both phases of the CPP process included perspectives from individuals with lived or adjacent experiences of homelessness . These perspectives drove the project planning process and defined the wellness center as a viable project option. Moving from project planning to implementation, the wellness center will remain client -driven because consumer input will inform program planning and service delivery. • Wellness, Recovery, and Resilience-Focused. The proposed project is responsive to the tenets of wellness, recovery, and resiliency. In particular, the learning goals reflect a commitment to long- term monitoring and evaluation of consumer outcomes related to mental health and wellness, as well as service engagement rates (including for recovery services and behavioral health services).

City of Berkeley Mental Health Division
MHSA Innovation Project Plan

Moreover, one of the key ways in which the project aims to support consumer outcomes is by operating as a consumer-led initiative.
• Integrated Service Experience for Clients and Families. The encampment-based wellness center will effectively function as a possible entry-point to more spec ialized services, whether through onsite specialty service providers or via service referrals. This framework means that clients will have the opportunity to access a variety of services coordinated by or in tandem with the wellness center.

Project Sustainability
Briefly describe how the County will decide whether it will continue with the INN project in its entirety, or keep particular elements of the INN project without utilizing INN Funds following project completion.

Through the local evaluation process, community of practice meetings, and conversations with stakeholders and city leadership, BMH will regularly evaluate the wellness center project to ensure that the components that are successful, or the entire project , can continue. Funding for continuation could come from a variety of sources: the City of Berkeley General Fund, MHSA funds, and /or existing special taxes in Berkeley that fund homeless services.

Communication & Dissemination Plan
Describe how you plan to communicate results, newly de monstrated successful practices, and lessons learned from your INN Project. Please list up to 5 keywords or phrases for this project that someone interested in your project might use to find it in a search.

To support community-wide dissemination of project information and lessons learned, BMH will engage stakeholders via online public forums as well as virtual and in-person community meetings. These venues have successfully been used with previous MHSA Innovation projects, and feedback from stakeholders during the CPP process supporting this project largely reflected that community members appreciate diverse opportunities for input and discussion.

If a member of the community is interested in learning more about the project, they can use the following keywords in an Internet search:
• Keywords: City of Berkeley MHSA, Berkeley mental health projects, Berkeley wellness center, Berkeley encampment wellness center, Berkeley homelessness outreach

City of Berkeley Mental Health Division
MHSA Innovation Project Plan

Timeline
Specify the expected start date and end date of your INN Project, the total timeframe (duration) of the project, and include a project timeline that specifies key activities, milestones, and deliverables —by quarter.

Program Year (FY2022-23 thru FY2026-27)
Quarter
FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27
1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4
Phase 1. Project Launch

1.1 RFP & Contract Execution, Service Provider

1.2 RFP & Contract Execution, Local Evaluator

1.3 Wellness Center Procurement

1.4 Launch of Community of Practice

1.5 Community Outreach & Project Marketing

1.6 Recruitment of Partners from Encampment
Community

Phase 2. Wellness Center Implementation

2.1 Community Practice Quarterly Meeting

2.2 Onboarding for Peer Providers

2.3 Onboarding for Peers from Encampment Community

2.4 Wellness Center Staff Training

Phase 3. Local INN Project Evaluation

3.1 Evaluation Plan Finalization

3.2 Data Collection and Tool Development

3.3 Baseline (Pre) Data Collection

3.4 Interim Data Collection

3.5 Interim Evaluation Reporting

3.6 Final (Post) Data Collection

3.7 Evaluation Report Development

3.8 Evaluation Report and Finalization & Dissemination
Phase 4. Sustainability Planning

4.1 Sustainability Planning Meetings

4.2 Continuation Funding Planning

4.3 Dissemination of Project Continuation Decisions
Phase 5. Project Close

5.1 INN Funding Close-out

Section 4: INN Project Budget & Source of Expenditures
Budget Narrative
Provide a budget narrative to explain how the total budget is appropriate for the described INN project.

The total Innovation funding request for 5 years is $2,802,400, which will be allocated as follows:

Service Contract –
Personnel plus non-eval
direct costs (81%):

Procurement – Non-
recurring costs (9%)
Evaluation – Direct costs
(6%):

Administration – Indirect
costs (4%):
• $259,600 in FY 22/23
• $504,200 in FY 23/24
• $504,200 in FY 24/25
• $504,200 in FY 25/26
• $504,200 in FY 26/27
• $239,000 in FY 21/22 • $15,000 in FY 22/23
• $35,000 in FY 23/24
• $35,000 in FY 24/25
• $35,000 in FY 25/26
• $45,000 in FY 26/27
• $13,750 in FY 22/23
• $26,950 in FY 23/24
• $26,950 in FY 24/25
• $26,950 in FY 25/26
• $27,400 in FY 26/27
Total: $2,276,400 Total: $239,000 Total: $165,000 Total: $122,000

City of Berkeley Mental Health Division
MHSA Innovation Project Plan

Personnel costs will total $1,777,500 and will include all salaries and benefits of FTE staff. Personnel cost estimates are based on current -year ranges for similar positions in the Bay Area, based on job market data. The following are the FTE positions that are included in this cost proposal (the cost proposal also includes a .10 FTE director role for administrative and supervisory support):
• 1 FTE Program Manager: $120,000 (salary + benefits)
• 3 FTE Peer Providers: $88,500 per year (salary + benefits) • .10 FTE Program Director: $9,500 per year (salary + benefits) Direct costs (less evaluation services) will total $498,900 and will include programming expenses such as materials and supplies, technology, utilities, mileage, stipends, client transportation, subcontractors, etc.

Personnel and direct costs combined (81% of the total proposed budget, as shown in the table above) will comprise the RFP funded value for the contracted service provider. The estimated total of the evaluation services contract is listed separately above, and in the budget table below, because BMH will use a separate RFP process to contract for evaluation services. This total needs to be clearly designated apart from the service contract with the selected CBO/service provider.

Evaluation services (direct costs) will total $ 165,000 over the project lifecycle . The evaluation contract will include evaluation plan development , data collection tool development , data analysis, interim evaluation reporting, annual MHSOAC reporting, and a final evaluation report. While evaluation services comprise 6% of the total project budget, less procurement-related non-recurring costs (which are not relevant to the evaluation scope), evaluation services comprise over 7% of the total INN project budget.

Non-recurring costs will total $239,000:
• $220,000 for procurement (i.e. physical wellness center) o BMH will coordinate with the contracted service pr ovider/CBO to identify the best way forward for procurement. For example, the mobile unit may be a single RV, it may be a different type of trailer with a hygiene station and/or shower unit, it may be multiple smaller vans/mobile units, or something else.
o Programming costs, including any materials required for wellness center activities or to “stock” the center, will be funded through “ direct services – programming" (line 5). This is separate from non-recurring costs.
• $14,000 for wellness center technology (e.g. staff workstations and/or laptops and laptop docking stations, phone and tablet chargers, mobile cooling fans, etc.) • $5,000 for a local, community-based marketing campaign Indirect costs will total $122,000:
• $8,200 for BMH monitoring and management of the evaluation services contract (line 14). • $113,800 for the contracted CBO/service provider’s administration, monitoring, and management of the Innovation project (lines 2 & 5).

In the “Budget Context – Expenditures by Funding Source and Fiscal Year” table below, indirect costs are reflected in the “administration” category, as indirect costs included in this project plan are administrative overhead costs. Row A1 shows total indirect costs.

Federal Financial Participation (FFP): There is no anticipated FFP.

Other Funding: N/A

City of Berkeley Mental Health Division
MHSA Innovation Project Plan

Budget by Fiscal Year
BUDGET BY FISCAL YEAR AND SPECIFIC BUDGET CATEGORY*

EXPENDITURES
PERSONNEL COSTS (salaries, wages,
benefits) FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 TOTAL

1. Salaries (.1 x PD, 1 x PM, 3 x peer providers) 197,500 395,000 395,000 395,000 395,000 1,777,500

2. Indirect Costs (admin/overhead) 10,400 20,000 20,000 20,000 20,000 90,400

3. Total Personnel Costs 207,900 415,000 415,000 415,000 415,000 1,867,900

OPERATING COSTS FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 TOTAL

4. Direct Costs (programming) 62,100 109,200 109,200 109,200 109,200 498,900

5. Indirect Costs (admin/overhead) 2,600 5,200 5,200 5,200 5,200 23,400

6. Total Operating Costs 64,700 114,400 114,400 114,400 114,400 522,300

NON-RECURRING COSTS (equipment,
technology) FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 TOTAL

7. Wellness center procurement 220,000 - - - - 220,000

8. Wellness center technology 14,000 - - - - 14,000

9. Marketing 5,000 - - - - 5,000

10. Total Non-recurring costs 239,000 - 239,000

CONSULTANT COSTS / CONTRACTS
(Evaluation contract) FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 TOTAL

11. Direct Costs 15,000 35,000 35,000 35,000 45,000 165,000

12. Indirect Costs (admin/overhead) 750 1,750 1,750 1,750 2,200 8,200

13. Total Evaluation Costs 15,750 36,750 36,750 36,750 47,200 173,200

OTHER EXPENDITURES (please explain in
budget narrative) FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 TOTAL

14. 15.

16. Total Other Expenditures

BUDGET TOTALS FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 Personnel (line 1) 197,500 395,000 395,000 395,000 395,000 1,777,500 Direct Costs (lines 4 and 11) 77,100 144,200 144,200 144,200 154,200 663,900 Indirect Costs (lines 2, 5 and 12) 13,750 26,950 26,950 26,950 27,400 122,000 Non-recurring costs (line 10) 239,000 - - - - 239,000
Other Expenditures (line 16) - - - - - -
TOTAL INNOVATION BUDGET 527,350 566,150 566,150 566,150 576,600 2,802,400

City of Berkeley Mental Health Division
MHSA Innovation Project Plan

BUDGET CONTEXT - EXPENDITURES BY FUNDING SOURCE AND FISCAL YEAR (FY) ADMINISTRATION:

A.

Estimated total mental health
expenditures for ADMINISTRATION for
the entire duration of this INN Project
by FY & the following funding sources: FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 TOTAL

1. Innovative MHSA Funds 13,750 26,950 26,950 26,950 27,400 122,000

2. Federal Financial Participation

3. 1991 Realignment

4. Behavioral Health Subaccount

5. Other funding*

6. Total Proposed Administration 13,750 26,950 26,950 26,950 27,400 122,000 EVALUATION:

B.

Estimated total mental health
expenditures for EVALUATION for the
entire duration of this INN Project by
FY & the following funding sources: FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 TOTAL

1. Innovative MHSA Funds 15,750 36,750 36,750 36,750 47,200 173,200

2. Federal Financial Participation

3. 1991 Realignment

4. Behavioral Health Subaccount

5. Other funding*

6. Total Proposed Evaluation 15,750 36,750 36,750 36,750 47,200 173,200 TOTAL:

C.

Estimated TOTAL mental health
expenditures (this sum to total
funding requested) for the entire
duration of this INN Project by FY &
the following funding sources: FY 22-23 FY 23-24 FY 24-25 FY 25-26 FY 26-27 TOTAL

1. Innovative MHSA Funds 527,350 566,150 566,150 566,150 576,600 2,802,400

2. Federal Financial Participation

3. 1991 Realignment

4. Behavioral Health Subaccount

5. Other funding*

6. Total Proposed Expenditures 527,350 566,150 566,150 566,150 576,600 2,802,400

*If “Other funding” is included, please explain.

APPENDIX
A

PUBLIC

COMMENTS

1A

1 Input  received  on  the  proposed  plan  during  the  Public  Review  period  and/or  the  Public Hearing:

General  Input
•  Plan  is  long  over  due.
•  This  sounds  like  a  better  way  to  provide  needed  services,  hope  it  works. •  Well  thought  out  and  specific  in  its  objective. •  Request  that  someone  from  the  Commission  be  appointed  to  the  RFP  and  Proposal review  process.
•  What  we  have  here  is  a  very  bold  and  promising  plan  because  un-­bold,  that  is conventional  plans  have  been  very  unsuccessful  in  doing  much  for  the  people  we are  trying  to  reach.
•  Thank  you  for  this,  I  am  really  excited  about  it. •  What  do  you  anticipate  with  the  increase  in  Omicron  variants  sweeping  our community  on  how  that  may  affect  the  program?
•  How  are  you  going  to  build  trust  so  that  unhoused  neighbors  will  use  this  service? •  Substance  Use  Disorder  is  the  main  obstacle  in  getting  people  off  the  street.    We should  do  everything  we  can  to  make  meth  and  alcohol  unavailable  in  our  city  and our  streets.
•  How  will  the  Mobile  Van  safely  serve  encampments  that  are  very  close  to Freeways?
•  How  will  the  Project  coordinate  with  all  the  many  homeless  outreach services/agencies  that  already  exist?
•  What  convinces  you  that  folks  who  have  until  now  rejected  available  services  will  do so  if  they  are  contacted  by  adjacent  support  staff  or  other  residents  of  the  homeless encampment?    Is  it  the  fact  that  services  will  be  brought  to  the  camps?  If  so,  what are  the  experiences  of  local  groups  that  are  already  doing  this? •  I  know  many  groups  are  delivering  clothing,  food  and  even  cooked  meals.  How  is that  working?  And  will  these  be  the  same  groups  you  plan  to  contract  with?  I  am asking  because  I  have  some  doubts  about  the  success  of  the  proposal.    What  are you  planning  on  providing  to  motivate  people  who  so  far  haven't  been  motivated  to obtain  mental  health  services?  And  if  people  aren't  mentally  healthy  (48%),  how  do you  expect  them  to  continue  receiving  services  when  the  grant  is  over? •  There  is  never  any  mention  of  Treatment  in  these  proposals.    Treatment  is  not aggressively  being  put  in  front  of  Mentally  Ill  individuals,  so  they  can  participate  in there  own  treatment.    I  only  hear  the  word  “services”,  I  never  hear  the  word Treatment.    Many  people  are  dying  on  the  streets  who  could  be  saved  if  through aggressive  outreach  and  tough  love  approaches  they  entered  into  Treatment.

Treatment  and  Substance  Use  Disorder  services  aren’t  even  advertised  where someone  who  is  homeless  could  see  them.    Why  aren’t  there  billboards  advertising where  to  get  Treatment  for  Mental  Health  and  Substance  abuse  on  them?  I  see homeless  mentally  ill,  substance  addicted  individuals  everyday  all  around  where  I live  and  nothing  is  being  done  to  help  them.    I  am  not  seeing  any  success  stories, and  I  should  be  seeing  100’s  of  them.    Because  of  the  liberalism  in  Berkeley,  people flock  here  and  they  can  get  anything  they  want  on  the  streets.    Many  come  here  to die.

2 •  Use  the  State  millions  we  tax  payers  provide  you  intelligently.  1)  Rehabilitative services  for  the  gravely  mentally  ill/  drug  addicted,  should  be  a  mandatory  fact,  with a)  Residential  treatment  b)  transitional  housing  with  competent  monitoring  c)  training and  then  d)  housing.    Hand  holding  and  soft  words  by  inexperienced  MH  workers,  in a  mobile  hub,  will  be  useless  in  helping  the  mentally  challenged/drug  addicted unhoused.    Such  an  approach  is  an  insult  created  by  privileged  professionals towards  the  unhoused  mentally  ill's  severe  needs,  an  insult  as  usual  disguised  as "  compassion".    DO  NO  HARM  (Health  care  principle  101)!  Poor  or  indaquate  care  is a  health  hazard  and  "it  does  harm"!    Such  "  soft"  ways  are  killing  the  unhoused  in Berkeley.  Such  ways  are  also  dangerous  to  safety,  depressing  and  disconcerting  for the  rest  of  us,  forced  through  our  taxes  to  support  incompetent  measures  over  and over  again.  The  citizens  of  Berkeley  are  exposed  to  dangerously  disabled  people roaming  our  streets,  often  harming  self  and  others  while  money  are  spent  on  grossly inadequate  "bandaid"  measures.      I  am  asking  that  you  incorporate  in  your  final project's  layout  the  many  voices  of  dissent  such  as  mine,  often  muted  in  this  self-­ proclaiming"  open  minded"  town.

Input  on  utilizing  Peer  Providers:
•  Strongly  agree  with  having  input  and  ongoing  staff  from  the  homeless  community. •  Happy  to  hear  that  the  “Peer  Providers”  will  come  from  the  communities  they  will  be serving.
•  Bringing  on  homeless  people  as  peer  counselors/advisors/information  providers  is  a great  concept.    Will  they  have  the  listening  skills  and  knowledge  necessary  to  be effective?  Or  will  they  more  likely  advise  others  to  do  just  as  they  did?    And  if  they are  basically  providing  information  about  food,  shower,  clothing  and  health resources,  how  does  that  differ  from  what  we  already  do?  How  would  it  differ  from just  handing  out  leaflets?    Half  the  homeless  may  reject  all  services,  no  matter  who offers  them.

Input  on  Areas  the  Project  should  Incorporate:
•  Ensure  services  are  tailored  for  individuals  with  disabilities,  and  there  are opportunities  for  individuals  with  disabilities  to  provide  input  into  the  services provided.
•  Yes,  I  think  focus  on  joyful  things!  Just  some  ideas:    Have  a  center  where  there  is  an opportunity  to  play  music,  dance  and  sing,  do  art,  learn  new  things  (music,  dance, art)  story-­telling,  eating  good  food,  cooking.
•  The  project  should  offer  First  Aid  classes  to  the  community  to  assist  individuals  in need,  like  the  Barefoot  Doctors  model.
•  Safety  training  should  be  a  big  factor  in  populating  the  employees  of  the  program. •  Incorporate  yoga  and  Pranayama,  Self-­realization  fellowship  practices  into  the project  to  restore  the  spiritual,  physical  and  mental  balance  of  individuals. •  Since  INN  is  focusing  on  providing  mental  health  services  to  our  unhoused neighbors,  please  put  much  thought  into  how  you  will  keep  track  of  people,  avoid  re-­ traumatizing  folks  and  providing  a  continuum  of  care  in  what  can  be  an  extremely volatile  living  situation.

3 •  Plan  should  also  include  the  collection  of  data  to  identify  mental  illness,  substance abuse  and  residence  history.
•  Please  include  TAYs  Ages  18-­30  as  a  separate  study  category.    The  youth  that  age-­ out  of  the  foster  care  system  should  be  an  area  of  focus  because  if  we  can  get  them into  a  job  training  program  at  an  early  age  perhaps  we  can  prevent  a  lifetime  of homelessness.
•  The  plan  should  include  Harm  Reduction.  Don’t  hear  much  talk  about  the  serious meth  epidemic  in  Berkeley  and  how  we  are  going  to  integrate  any  meaningful  help  in terms  of  harm  reduction.
•  It  is  particularly  important  for  those  who  are  running  the  project  to  engage  very capable  evaluators  to  evaluate  how  the  project  is  doing.    That  means,  most important,  getting  people  from  the  outside  of  the  project  to  do  the  evaluation.    When you  have  mental  health  workers  evaluating  their  own  work,  you  cannot  draw  any conclusions  from  it.
•   Suggest  that  the  Wellness  Center  should  add  HMIS  and  the  ability  to  conduct  CMS assessments  as  it’s  very  important  that  anyone  with  boots  on  the  ground  have  the ability  to  be  notified  when  someone  is  matched  to  a  housing  resource  to  be  able  to find  them  and  get  them  to  it.

Input  on  Housing:
•  Money  should  be  spent  on  housing  and  on  getting  individuals  off  the  street. •  Understand  the  need  for  the  unhoused  to  have  mental  health  services,  and  yet continue  to  wonder  whether  money  would  be  better  spent  on  permanently  housing people.    Once  they  have  shelter,  then  provide  mental  health  services. •  Treat  homelessness  with  homes.    Homelessness  causes  and  worsens  mental illness.  How  to  solve  homelessness:  End  Section  8  waiting  list.  Make  it  immediate upon  qualification.  The  existence  of  a  waiting  list  causes  homelessness.  The existence  of  a  waiting  list  in  a  place  with  homelessness  so  high  is  class  war.  Well wage  your  war.  I  think  people  with  section  8  can  use  it  and  leave  to  find  better housing  elsewhere.  And  good.  City  density  promotes  Covid  outbreaks.  City  density causes  homelessness.  The  homicide  rates  are  skyrocketing.  We  need  to  incentivize getting  out  of  cities.

Representatives  from  several  community-­based  organizations  also  expressed  support for  the  project  and  interest  in  the  potential  of  collaborative  efforts.  All  input  will  be utilized  to  inform  project  implementation  and/or  future  MHSA  Plans  and  Updates.

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
April 12, 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: Mental Health Services Oversight and Accountability Commission for $2,500,000 for Coordination and Provision of Mental Health Services in Berkeley Unified School District

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to apply for funding provided by the Mental Health Services Oversight and Accountability Commission (MHSOAC) through the Mental Health Student Services Act Request for Applications, accept the funding, and execute any resultant revenue agreements and amendments to coordinate and provide mental health services in the Berkeley Unified School District (BUSD) for $2,500,000 in FY 2022 through FY 2027.

FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley will receive funds up to the amount of $2,500,00.00 from the Mental Health Services Oversight and Accountability Commission to support the coordination and provision of mental health services in Berkeley Unified School District.

The funds for this contract will be deposited and expensed from the One-Time Grant:

No Capital Fund, ERMA revenue GL Code 336-51-503-525- (FUND$ Project Code 421), and will be appropriated in a future amendment to the Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
The Health, Housing, and Community Services Department (HHCS) applied for the grant funds and received notification that the City had been awarded $2,500,000.00.

The funding will support coordination and provision of mental health services at the Berkeley Unified School District. The Mental Health Student Services Act grant is a Strategic Plan Priority Project, advancing our goal to champion and demonstrate social and racial equity.

BACKGROUND
The City of Berkeley partnered with Berkeley Unified School District (BUSD) to seek Mental Health Student Services Act (MHSSA) funding from the Mental Health Services Oversight and Accountability Commission (MHSOAC) to address pressing needs within the BUSD related to student mental health and wellness. Although some specific uses

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Revenue Contract: MHSOAC for $2,500,000 for Coordination and Provision CONSENT CALENDAR of Mental Health Services in Berkeley Unified School District April 12, 2022

of funding will be determined in the program development phase, initial planning conversations between District and school leadership and the Berkeley Mental Health Division (MHD) have resulted in the identification of three priority areas for MHSSA funding:
1) Dedicated staff to facilitate relationship building and service coordination across MHD and BUSD;
2) Services to address BUSD’s most pressing mental health needs through increased availability of on-campus mental health treatment, navigation support for parents/caregivers, and training for teachers and school staff related to student mental health and wellness; and
3) A comprehensive assessment and strategic planning process to inform BUSD’s long-term approach to student mental health.

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 provision of critical mental health services for students in Berkeley. Providing safe and equitable access to essential health services is a key purpose of HHCS.

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 Attachments:
1: Resolution

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

REVENUE CONTRACT: MENTAL HEALTH SERVICES OVERSIGHT AND

ACCOUNTABILITY COMMISSION FOR COORDINATION AND PROVISION OF

MENTAL HEALTH SERVICES IN BERKELEY UNIFIED SCHOOL DISTRICT WHEREAS, the Mental Health Services Oversight and Accountability Commission issued a Request for Applications through the Mental Health Student Services Act for mental health services in California public schools; and

WHEREAS, the Health, Housing and Community Services Department applied for and was awarded funding in the amount of $2,500,000; and
WHEREAS, accepting funding provided through the Mental Health Services Oversight and Accountability Commission will support the Mental Health Division’s work to coordinate and provide mental health services for Berkeley Unified School District students.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council approves the following: The City Manager or her designee is hereby authorized to accept funding from the Mental Health Oversight and Accountability Commission and to execute any resultant revenue agreements and amendments to support the coordination and provision of mental health services in the Berkeley Unified School District in the projected amount of $2,500,000 total in Fiscal Year 2022 through Fiscal Year 2027. The funds for this contract will be deposited and expensed from the One-Time Grant: No Capital Fund (ERMA revenue GL Code 336-51-503-525- (FUND$ Project Code 421), and will be appropriated in a future amendment to the Annual Appropriations Ordinance. A signature copy of said documents, agreements and any amendments shall be on file in the office of the City Clerk.

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
April 12, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director of Health, Housing and Community Services Subject: Revenue Grant Agreement: Funding Support from the California Department of Public Health, Oral Health Program to conduct Public Health Promotion, Protection, and Prevention Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to submit a grant application to California Department of Public Health, Oral Health Program, to accept the grant, execute any resultant revenue agreement and amendments, and implement the project and appropriation of funding for related expenses to conduct public health promotion, protection, and prevention services for the California Department of Public Health-Oral Health Program, in the projected amount of $173,408 annually for Fiscal Years 2023, 2024, 2025, 2026, and 2027.

FISCAL IMPACTS OF RECOMMENDATION
The City will receive funds in the projected amount of $173,408 annually for fiscal years 2023, 2024, 2025, 2026, and 2027, which will total $867,040 over the five-year period.

These funds will be allocated to revenue budget code 312-51-506-564-0000-000-000- 432110 and will be distributed from expenditure budget code 312-51-506-564-0000- 000-451*. There are no matching funds required by the funder. Funding for this grant is from the California Healthcare, Research and Prevention Tobacco Tax Act of 2016 (Proposition 56).

Spending of the Oral Health grant funds is subject to Council approval of the budget and the Annual Appropriations Ordinances. Depending on the timing of when grants are awarded and the exact amounts are determined, the grant budgets will be adjusted as part of the Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
As a local health jurisdiction, the City provides a broad range of public health programs and services to the community; with the goals of addressing health inequities, promoting healthy environments and behaviors, protecting residents from disease, and preventing illness, disability, and premature death.

The grant will fund community education and Berkeley’s oral health needs. Additionally, it will fund community education and outreach to help vulnerable children and adults

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Revenue Grant Agreements: CONSENT CALENDAR
Funding Support from Essential Access Health to Conduct Public Health Services April 12, 2022

learn about the importance of oral health and dental disease prevention, and link them to treatment of dental disease including dental disease caused by the use of cigarettes and other tobacco products. The focus will be on supporting underserved areas and communities of color in Berkeley.

BACKGROUND
In 2014, the California State Legislature authorized funding for CDPH to address the burden of oral disease statewide by establishing the State Oral Health Plan in collaboration with a coalition of stakeholders. The CDPH Office of Oral Health established the 2018-2028 California Oral Health Plan to guide oral health improvement efforts across the state. In FY2018, Berkeley’s Local Oral Health Program was established with a 5- year grant that will end June 30, 2022. This new grant will provide another five years of funding intended to build on the local oral health care programs established in the first round of funding.

The California Healthcare, Research and Prevention Tobacco Tax Act of 2016, Prop. 56 provides funding to the State Department of Public Health state dental program for the purpose and goal of educating about, preventing and treating dental disease, including dental disease caused by use of cigarettes and other tobacco products. The goal is to identify strategies to reduce the burden of dental disease in California.

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

RATIONALE FOR RECOMMENDATION
These funds support vital services related to the City's mandates as a public health jurisdiction, as well as local initiatives designed to address health inequities in Berkeley..

The grant supports the Department's mission and provides the City with funding to protect and improve the health of the community.

ALTERNATIVE ACTIONS CONSIDERED
The Public Health Division assesses each funding source to ensure that it supports the City’s mission and goals. The alternative action would be to refuse the funding and eliminate Berkeley’s Local Oral Health Program. That action would be inconsistent with the City’s mission to address health inequities, and is not recommended.

CONTACT PERSON
Janice Chin, Manager, Public Health Division, HHCS, (510) 981-5121 Attachments: 1: Resolution

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

REVENUE GRANT AGREEMENT: CALIFORNIA DEPARTMENT OF PUBLIC

HEALTH-ORAL HEALTH PROGRAM TO CONDUCT PUBLIC HEALTH PROMOTION,

PROTECTION, AND PREVENTION SERVICES
WHEREAS, the City of Berkeley through its Department of Health, Housing & Community Services (HHCS) works to promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and WHEREAS, the City seeks to eliminate health and educational inequities; and WHEREAS, the projected amount of the grant is $867,040 ($173,408 annually for Fiscal Years 2023, 2024, 2025, 2026, and 2027); and
WHEREAS, outside funding can increase the level of vital health services available to Berkeley residents.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to submit a grant application to the California Department of Public Health-Oral Health Program for funding for fiscal years 2023, 2024, 2025, 2026, and 2027 to provide education about oral health, dental disease prevention, and linkage to treatment of dental disease including dental disease caused by the use of cigarettes and other tobacco products; to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $867,040; and implement the projects and appropriation of funding for related expenses, subject to securing the grant.

Revenue will go into revenue budget code 312-51-506-564-0000-000-000-432110 and will be distributed from expenditure budget code 312-51-506-564-0000-000-451*. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

BE IT FURTHER RESOLVED that the City if Berkeley agrees to abide by the terms and conditions of the grant agreement as set forth by the California Department of Public Health.

2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7000 TDD: 510.981.6903 Fax: 510.981-7099 E-mail: [email protected]
Office of the City Manager

CONSENT CALENDAR
April 12, 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: Ratify the execution of the pre-approved PARS Plan document, amended and restated effective January 1, 2022, and related Amendments by Interim Deputy City Manager on December 27, 2021.

RECOMMENDATION
Adopt a Resolution to acknowledge and ratify the execution of the pre-approved PARS Plan document, amended and restated effective January 1, 2022, and related Amendments by Interim Deputy City Manager on December 27, 2021.

FISCAL IMPACTS OF RECOMMENDATION
There are no fiscal impacts associated with adopting the attached resolution.

CURRENT SITUATION AND ITS EFFECTS
The prescribed IRS deadline for the City to adopt the restated PARS Plan document and Amendments is July 31, 2022. The Agency running the PARS Plan, however, set a deadline of December 31, 2021 for plan sponsors to adopt the Plan documents.

Because the City Council was not scheduled to meet prior to deadline, the restated PARS Plan document and first Amendment (for SECURE and CARES Acts) were executed by the Interim Deputy City Manager with the understanding the City Council would later acknowledge and ratify such action.

BACKGROUND
The City previously determined that it was in its best interest to offer a qualified retirement system to all hourly and daily paid employees, thereby satisfying the requirements of Section 11332 of the Social Security Act. In that regard, the City adopted the Public Agency Retirement System - Alternate Retirement System (“PARS” or “Plan”) as a tax qualified governmental profit sharing plan effective October 1, 1993 for the benefit of its eligible employees.

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PARS is a multiemployer retirement system that is made up of various public agency employers that have elected to opt-in, including the City. It is also intended that PARS, and the trust established to hold the assets of the Plan, be tax qualified and tax-exempt under Sections 401(a) and 501(a) of the Internal Revenue Code (the “Code”), respectively, as amended from time to time. PARS is also established and operated pursuant to a pre-approved Plan document, which is periodically reviewed by the Internal Revenue Service (“IRS”).

Applicable IRS rules require all pre-approved Plan documents to be restated to incorporate changes from recent legislation applicable to qualified retirements plans (both optional and required changes). To satisfy that requirement, the PARS Plan document was amended and restated effective January 1, 2021, and then subsequently submitted to the IRS for a determination as to its qualified status.

On June 30, 2020, the IRS issued a favorable determination letter covering the PARS pre-approved Plan document. Plan sponsors that have adopted the pre-approved PARS Plan document (like the City), may also rely on the favorable IRS determination letter for their own plans without having to apply for their own separate determination letters with the IRS, provided the plan sponsors adopt the restated pre-approved Plan document within 2 years from the date of the opinion letter.

The pre-approved PARS Plan document includes two optional Amendments for consideration by plan sponsors (like the City). The first Amendment relates to required and optional changes to the Plan for recent federal legislation (known as the “SECURE Act” and “CARES Act”). These are technical amendments related to mandatory distributions under the Plan called “required minimum distributions.” These are required provisions that the City agreed to add to the Plan. The second Amendment relates to whether the City would like to add mandatory arbitration provisions to the Plan. This is an optional provision that the City declined to add to the Plan.

For pre-approved documents, such as this one, unless it’s an optional provision, there is little room to revise or amend. Doing so puts the Plan at risk of falling out of “pre- approved” status, meaning there would no reliance on the IRS’s favorable determination letter issued to the pre-approved PARS Plan document.

The prescribed IRS deadline for the City to adopt the restated PARS Plan document and Amendments is July 31, 2022. The Agency running the PARS Plan, however, set a deadline of December 31, 2021 for plan sponsors to adopt the Plan documents.

Because the City Council was not scheduled to meet prior to deadline, the restated PARS Plan document and first Amendment (for SECURE and CARES Acts) were executed by the Interim Deputy City Manager with the understanding the City Council would later acknowledge and ratify such action.

In consideration of the above, we recommend the City Council acknowledge and ratify the execution of the pre-approved PARS Plan document, amended and restated effective January 1, 2022, and related Amendments by Interim Deputy City Manager on December 27, 2021.

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

RATIONALE FOR RECOMMENDATION
In consideration of the above, we recommend the City Council adopt a resolution to acknowledging and ratifying the execution of the pre-approved PARS Plan document, amended and restated effective January 1, 2022, and related Amendments by Interim Deputy City Manager on December 27, 2021.

ALTERNATIVE ACTIONS CONSIDERED
None

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

1. Resolution - Acknowledge and Ratify the Execution of the Pre-Approved PARS Plan Document, Amended and Restated Effective January 1, 2022 and Related Amendments by Interim Deputy City Manager on December 27, 2021 Exhibit A: PARS ARS Amended and Restated

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

ACKNOWLEDGE AND RATIFY THE EXECUTION OF THE PRE-APPROVED PARS PLAN DOCUMENT, AMENDED AND RESTATED EFFECTIVE JANUARY 1, 2022 AND

RELATED AMENDMENTS BY INTERIM DEPUTY CITY MANAGER ON DECEMBER 27, 2021
WHEREAS, The City previously determined that it was in its best interest to offer a qualified retirement system to all hourly and daily paid employees, thereby satisfying the requirements of Section 11332 of the Social Security Act. In that regard, the City adopted the Public Agency Retirement System - Alternate Retirement System (“PARS” or “Plan”) as a tax qualified governmental profit sharing plan effective October 1, 1993 for the benefit of its eligible employees; and
WHEREAS, On June 30, 2020, the IRS issued a favorable determination letter covering the PARS pre-approved Plan document. Plan sponsors that have adopted the pre- approved PARS Plan document (like the City), may also rely on the favorable IRS determination letter for their own plans without having to apply for their own separate determination letters with the IRS, provided the plan sponsors adopt the restated pre- approved Plan document within 2 years from the date of the opinion letter; and WHEREAS, the prescribed IRS deadline for the City of Berkeley (the “City”) to adopt the restated pre-approved PARS Plan document and Amendments is July 31, 2022; and WHEREAS, the pre-approved PARS Plan document includes two optional Amendments for consideration by plan sponsors (like the City); and WHEREAS, The first Amendment relates to required and optional changes to the Plan for recent federal legislation (known as the “SECURE Act” and “CARES Act”). These are technical amendments related to mandatory distributions under the Plan called “required minimum distributions.” These are required provisions that the City agreed to add to the Plan; and
WHEREAS, The second Amendment relates to whether the City would like to add mandatory arbitration provisions to the Plan. This is an optional provision that the City declined to add to the Plan; and
BE IT FURTHER RESOLVED by the Council of the City of Berkeley acknowledges and ratifies the execution of the pre-approved PARS Plan document, amended and restated effective January 1, 2022, and related Amendments by Interim Deputy City Manager on December 27, 2021.

Exhibit A: PARS ARS Amended and Restated

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
April 12, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Don Ellison, Interim Director of Human Resources Subject: Re-establish Senior Engineering Inspector Classification

RECOMMENDATION
Adopt a Resolution amending Resolution No. 69,996-N.S. Memorandum of Understanding: Public Employees Union – Local 1, Re-establishing the Senior Engineering Inspector classification.

FISCAL IMPACTS OF RECOMMENDATION
The Human Resources Department contracted with Bryce Consulting to develop a base salary recommendation based on market data and internal equity. Bryce Consulting is an agency that provides a variety of human resource services to non-profit and public-sector clients. After considering the internal relationships among classifications, staff is recommending a monthly salary range of the following $8,575.29 - $10,329.71

CURRENT SITUATION AND ITS EFFECTS
The Engineering Inspectors provide assistance with management of capital improvement projects, permitting, inspection of private and utility contract work, and management of the private sewer lateral program. The major aspect of a large number of the Engineering Inspector staff are assigned to issuing permits and inspecting construction work being performed under a permit.

There is a current need to have a Senior Engineering Inspector in the permitting group that can take on a supervisory role and assign permit issuance and inspections on a day to day basis. A Senior Engineering Inspector would be in a better position to monitor the workflow and review the more difficult permit applications such as the regulatory requirements and timelines related to small cell antenna permit applications.

Therefore, staff recommends that the City Council re-establish the Senior Engineering Inspector classification to enable the Engineering Division to function more efficiently and provide improved services to the community.

BACKGROUND
The Personnel Board met on December 29, 2021, and approved the classification and salary range for Senior Engineering Inspector.

12

Senior Engineering Inspector CONSENT CALENDAR
April 12, 2022
Motion/Second: Wenk/Dixon
Ayes: Bartlow, Dixon, Lacey, Wenk
Nayes: none
Abstain: none

Absent: Gilbert, Karpinski, Wilson

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

RATIONALE FOR RECOMMENDATION
It has been the policy of the City to create the necessary classification and salary schedule to accommodate new duties and responsibilities, reflect programmatic changes, maintain competitive salaries and, when applicable, comply with regulatory requirements.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Joseph Enke, Manager of Engineering, 510-981-6411
Ronald Nevels, Supervising Civil Engineer, 510-981-6439 Attachments:

1. Resolution

2. Senior Engineering Inspector Job Description

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

CLASSIFICATION AND SALARY RANGE: SENIOR ENGINEERING INSPECTOR WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, the Deputy Director of Public Works and Local One recommended re- establishing the Senior Engineering Inspector position; and WHEREAS, the Engineering Department and Human Resources Department have completed a classification and salary review; and
WHEREAS, on December 20, 2021, the Personnel Board voted to approve the classification and salary range of the Senior Engineering Inspector position.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Resolution No. 69,996-N.S., Memorandum of Understanding: Public Employees Union – Local 1, be amended to include the Senior Engineering Inspector position.

Attachment 2
Senior Engineering Inspector
Bargaining Unit: PEU Local One
Class Code:
3174

CITY OF BERKELEY
Established Date: XXXX

SALARY RANGE
$49.47 - $59.59 Hourly
$3,957.82 - $4,767.56 Biweekly
$8,575.29 - $10,329.71 Monthly
$102,903.42 - $123,956.56 Annually
DESCRIPTION:

DEFINITION
Under general supervision of the Supervising Civil Engineer, organizes, assigns and reviews the work of staff engaged in the performance of engineering inspections of public and private construction projects and permits issued by the Engineering Division; interprets City details, and specifications to ensure compliance with approved and permitted construction work; ensures compliance with municipal code; oversees day to day inspection logs, and maintenance/restoration work in the City’s right-of-way; provides input and recommendations for improving the inspection and permitting process; performs related work as assigned.

CLASS CHARACTERISTICS
This is a lead-level class with responsibility for assigning, reviewing and coordinating the work of Engineering Inspectors in addition to performing the more complex inspections on a variety of construction projects, including streets, sidewalks, sanitary sewers, storm drains, underground pipes and conduits and other public works structures. It is distinguished from the Engineering Inspector class by the responsibility to provide technical and functional supervision, the performance of the more complex inspections, compiling and maintaining inspection record data of the engineering/utility permits, and overseeing the inspection process from design to completion.

EXAMPLES OF DUTIES:

The following list of duties is intended only to describe the various types of work that may be performed and the level of technical complexity of the assignment(s) and is not intended to be an all-inclusive list of duties. The omission of a specific duty statement does not exclude it from the position if the work is consistent with the concept of the classification, or is similar or closely related to another duty statement.

1. Plans, prioritizes, leads, reviews and participate in the work of staff assigned to perform construction inspections, and issuance of permits;

2. Develops schedules and methods to accomplish assignments ensuring all work is completed in a timely and efficient manner;

3. Participates in evaluating the activities of staff, recommending improvements and modifications;

4. Assigns and reviews day to day duties and permit inspection responsibilities to subordinate staff as assigned;

5. Responds to inquiries and complaints from contractors, applicants, other City staff, and the public regarding inspection functions and construction activities;

6. Compiles and maintains detailed records and statistics of work activities such as issuance and inspection record data of engineering and utility permits and compiles information into reports in support of the Department;

7. Inspects all types of public works construction projects, such as sidewalks, driveways, sewer mains and lateral installations, curbs and gutters, retaining walls, earthwork, marina facilities, street excavation and patchwork, street paving and drainage facilities to determine compliance with contract specifications, state laws and local ordinances;

8. Maintain familiarity with federal, state, and local laws and rules that affect permitting and inspections performed by the Engineering Division;

9. Provides input and recommendations for modifications to existing and new policies, procedures, software, and technology, related to permitting and inspections performed by the Engineering Division;

10. Meets with other agencies, contractors, and City staff as required for permitting and inspections performed by the Engineering Division;

11. Provides input, recommendations, and supporting documentation related to establishment and updating of permitting fees and charges;

12. Prepares project update reports; maintains necessary field records including sketches, photographs, survey work, drafting, narrative notes, and enters information into permitting software;

13. Prepares and recommends change orders and progress payments for construction projects;

14. Meets and confers with representatives of utility companies, contractors, public agencies and the general public;

15. Makes on-site accident investigations and posts locations scheduled for repair;

16. Uses inspection equipment such as levels, tape measures, thermometers;

17. Appears as expert witness in court for accident investigations related to public works facilities;

18. Processes and issues permits;

19. Prepares as-built drawings of inspected projects and updates inspection records;

20. Operates electronic measuring, data collection and data processing equipment;

21. Reviews plans and permit application documentation to ensure compliance with standard details, stand specifications, Berkeley Municipal Code, and construction practices for typical types of Public Works permits and construction.

22. Performs related duties as assigned.

The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to this class.

KNOWLEDGE AND ABILITIES:

Note: The level and scope of the knowledges and skills listed below are related to job duties as defined under Class Characteristics.

Knowledge of:

1. Techniques of lead direction, including planning, assigning and monitoring work and assisting in evaluation of assigned crew members.

2. Surveying principles and practices, field engineering practices and basic design criteria;

3. Techniques and instruments of mechanical drawing and plan reading;

4. Standard construction practices, including methods, specifications, materials and equipment;

5. Relevant state and local laws, ordinances, regulations and codes;

6. Principles, methods, materials, and equipment required for safe work practices in construction zones;

7. Mathematics, algebra and trigonometry, including fractions, decimals and logarithms;

8. Principles and practices of construction inspection and materials testing;

9. Computer applications software used with standard desktop applications such as Microsoft Word, Microsoft Excel and related software programs and systems related to inspection work.

Ability to:

1. Providing technical and functional supervision over assigned staff; effectively train staff;

2. Reading and interpreting drawings, plans and contract specifications;

3. Keeping clear, accurate and concise records and field sketches;

4. Calculating volumes and quantities;

5. Interpreting and enforcing a variety of codes, ordinances and special requirements related to construction work;

6. Providing advice and assistance on construction inspection matters;

7. Writing clear, accurate and concise technical reports and correspondence;

8. Communicating tactfully and effectively with the public, property owners, contractors, and a variety of others encountered in the course of the work;

9. Making accurate mathematical calculations related to inspection and permitting work.

MINIMUM QUALIFICATIONS:

A TYPICAL WAY OF GAINING THE KNOWLEDGE AND SKILLS OUTLINED ABOVE IS:

Equivalent to graduation from high school, supplemented by completion of a course in construction inspection and four (4) years of experience in engineering, construction or construction inspection, including surveying and drafting, one (1) year of which were at a level comparable to the classification of Engineering Inspector. College-level coursework in construction inspection may be substituted for the experience on a year-for-year basis to a maximum of two (2) years.

OTHER REQUIREMENTS:

Must possess a valid California driver's license and have a satisfactory driving record. Possession of a valid

Construction Inspectors Certificate issued by the State Department of Consumer Affairs is desirable. Must be willing to work outdoors in a variety of climatic and topographic conditions.

CLASSIFICATION HISTORY:

Established: xx/xx
Local One PEU
Exempt

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
April 12, 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: Contract: Sysco San Francisco for Food Services for Tuolumne and Echo Lake Resident Camps

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Sysco San Francisco for food services at the City of Berkeley Tuolumne and Echo Lake Resident Camps for a five-year period, beginning May 1, 2022 and ending May 1, 2027, in an amount not to exceed $4,468,610, subject to the City’s annual budget appropriation process.

FISCAL IMPACTS OF RECOMMENDATION
Total funding of $4,468,610 is required over the five-year contract. $210,615 is required for FY22, and $4,257,995 is required for FY23-FY27. Funds in these amounts are budgeted as follows in Fiscal Year 2022:
 $68,111.64 is required for Echo Lake Camp (budget code: 125-52-543-582-0000- 000-461-644110-)
 $142,503.52 is required for Tuolumne Camp (budget code: 125-52-543-583- 0000-000-461-644110-
An additional $4,257,995 will be added to the budgets in each fiscal year for FY23- FY27, subject to the City’s annual appropriation process. The increase in subsequent years is an estimate based on current projections for programming and attendance, which will be reevaluated at the end of the 2022 summer program.

CURRENT SITUATION AND ITS EFFECTS
The current contract with Sysco Sacramento for camp food services expires on September 30, 2022. Although the length of this contract will get us through the summer of 2022, the remaining funding is insufficient to cover both camps. Food services are crucial to the day-to-day operation of Echo Lake and Tuolumne resident camps.

In February and March of 2022, the Parks Recreation Waterfront Department conducted a competitive Request for Proposal (RFP) process that included targeted outreach to

13

Contract: Sysco San Francisco for Food Services for CONSENT CALENDAR Tuolumne and Echo Lake Resident Camps April 12, 2022

thirteen vendors (Specification No. 22-11492-C). Staff determined that Sysco San Francisco best met the City’s needs according to the criteria contained in the RFP. The award amount of approximately $4.468M over 5.5 years is consistent with prior food costs for both camps and will be covered by registration fee revenue in the Camps Fund. Therefore, staff recommends Council approval of a contract with Sysco San Francisco.

BACKGROUND
The Parks, Recreation, and Waterfront Department has provided food services and non-consumable goods for resident campers attending Tuolumne and Echo Lake Camps for many decades, most recently through a contract with Sysco Sacramento from 2014-2021.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Sysco San Francisco requires all fresh, ready-to-eat produce items to be grown in fields that adhere to Good Agricultural Practices (GAP), a voluntary program administered by the U.S. Food and Drug Administration that aims to continually improve food safety, quality and traceability. Sysco San Francisco has committed to source 100% of their top brand wild-caught seafood species from fisheries that are Marine Stewardship Council (MSC) Certified, or involved in fishery improvement projects with the World Wildlife Fund.

RATIONALE FOR RECOMMENDATION
In March, 2022, the City conducted an RFP process and staff determined that Sysco San Francisco best met the City’s needs according to the criteria contained in the RFP.

Sysco Sacramento has previously provided this service to the City for more than a decade.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Denise Brown, Recreation & Youth Services Manager, Parks Recreation Waterfront, (510) 981-6707
Attachments:
1: Resolution

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

CONTRACT: SYSCO SAN FRANCISCO FOR FOOD SERVICES FOR TUOLUMNE

AND ECHO LAKE RESIDENT CAMPS
WHEREAS, the current contract for resident camp food services expires on September 30, 2022; and
WHEREAS, food services are required for the City’s residential camp programs at Tuolumne and Echo Lake Camps as an essential part of camp services; and WHEREAS, in March 2022, the City conducted a Request for proposal process and thirteen vendors were invited to submit proposals (Specification No. 22-11492-C). Staff determined that Sysco San Francisco best met the City’s needs according to the criteria contained in the RFP; and
WHEREAS, funds in the amount of $210,615 is budgeted as follows: $68,111.64 for Echo Lake Camp (budget code: 125-52-543-582-0000-000-461-644110) and $142,503.52 for Tuolumne Camp (budget code:125-52-543-583-0000-000-461-644110). An additional $4,257,995 will be added to the budgets in fiscal years FY23-FY27, subject to the City’s annual appropriation process.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or their designee is authorized to execute a contract and any amendments with Sysco San Francisco for food delivery to Tuolumne and Echo Lake Resident Camps for the period May 1, 2022 through May 1, 2027 in an amount not to exceed $4,468,610, subject to the City’s annual budget appropriation process. A record signature copy of contract and any amendments will be on file in the Office of the City Clerk.

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
April 12, 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: Bench and picnic equipment at Codornices Park in memory of Lucinda Sikes

RECOMMENDATION
Adopt a Resolution accepting a donation in the amount of $16,000 donation from the local friends of Lucinda Sikes for a memorial bench and picnic equipment to be placed at Codornices Park in memory of Lucinda.

FISCAL IMPACTS OF RECOMMENDATION
Local friends of Lucinda Sikes have created a memorial fund and wish to donate to the proceeds to the City in the amount of $16,000 to help cover the purchase and installation of a memorial bench and picnic equipment at Codornices Park. 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
Local friends of Lucinda Sikes wish to donate $16,000 for two picnic tables, a barbeque, an ash disposal bin, a garbage can, and two park benches (one will be a memorial bench) at Codornices Park. This will create a new reservable family picnic site. Per the City’s Expanded City Parks Donation Policy, individuals may donate to a specific parks budget accounts that the City uses to purchase essential items in the normal course of operating and maintaining the City’s parks. These items include picnic tables and other parks equipment.

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 Expanded City Park Donation, Resolution No. 66,831-N.S. and the City’s Bench Donation Policy, Resolution No. 64- 148-N.S. and has approved the donation, subject to Council approval.

14

Donation: Bench and picnic equipment at Codornices Park - Lucinda Sikes CONSENT CALENDAR April 12, 2022

BACKGROUND
Benches are placed throughout the City in accordance with the City’s Park Bench Donation Polciy 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 IMPACTS
The City’s vendor for benches, Ross Recreation, makes it a 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 compy with the City’s environmentally preferable purchasing policy, specifically section 3.47 Forest Conservation.

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

CONTACT PERSON
Scott Ferris, Director, Parks, Recreation & Waterfront, 981-6700.

Bruce Pratt, Parks Superintendent, 981-6635.

Attachments:
1: Resolution

RESOLUTION NO. -N.S.

DONATION: MEMORIAL BENCH AND PICNIC EQUIPMENT AT CODORNICES

PARK IN MEMORY OF LUCINDA SIKES
WHEREAS, on July 22, 2008, Council adopted the Park Bench Donation Policy (Resolution No. 64-148 N.S.); and
WHEREAS, on October 28, 201, 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, local friends of Lucinda Sikes wishes to donate $16,000 for a memorial bench and picnic equipment at Codornices Park; 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 donation of $16,000 from the local friends of Lucinda Sikes for a memorial bench and picnic equipment at Codornices Park picnic area in memory of Lucinda Sikes is hereby accepted.

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
April 12, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Department Subject: Revenue Grant: FEMA Hazard Mitigation Grant Program

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to submit a letter of commitment of matching funds in the amount of $1.25 million, comprising at least $910,000 from property owner funds, with the remainder through in-kind City staff time, for a Hazard Mitigation Grant application in the amount of $3.75 million for the Retrofit Grants Program to the Federal Emergency Management Agency (FEMA), and subject to its award, to accept the grant and execute any resultant revenue agreements and amendments including any additional funding allocations from the Hazard Mitigation Grant Program and designating the applicant’s authorized agent.

FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley has been deemed eligible to apply for a grant of up to $3.75 million as part of FEMA’s Hazardous Mitigation Grant Program for City of Berkeley Retrofit Grants for Seismically Vulnerable Buildings - Round 3. FEMA requires applicants to provide a letter committing to expend matching funds equating to 25% of the award amount, over the three-year grant duration, for what will become a total project amount of $5 million. The City match portion of $1.25 million would include at least $910,000 from the property owners receiving grants, who are required to fund a portion of their retrofit costs, which is considered local match by FEMA. The only City funds used to fulfil the match obligation will be in-kind expenditures for the staffing and administrative costs of plan check, inspections and other aspects of the review and approval of the retrofit projects. These would total no more than $340,000, from permit fees collected in the Permit Service Center Fund 833.

The project would provide $2,730,000 in grants to property owners to retrofit seismically vulnerable buildings, including soft story and other weak residential buildings, unreinforced masonry, tilt-up and non-ductile concrete buildings.