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14 While this Plan focuses primarily on expanding housing availability to end homelessness, it also plans for a significant increase in shelter to provide homeless households safe places to be off the street and to connect to the rest of the homelessness response system’s resources. During the 2019 PIT Count, nearly 80% of the population experiencing homelessness in Alameda County was unsheltered. During the COVID-19 pandemic the community rapidly stood up over 1,000 temporary shelter units in non- congregate settings such as hotels and trailers. People sheltered in these sites were connected to housing at much higher rates than those in traditional (congregate) shelter and unsheltered settings.20 An analysis of the unsheltered population using homelessness data and health system data indicates at least 48% of unsheltered people contacted by a street outreach program have one or more vulnerabilities such as advanced age, a health or mental health condition, and/or barriers to housing like eviction history or criminal justice system contacts. Vulnerable unsheltered people in the county are also more likely to be African American than any other race or ethnic group. Shelter resources will be added to the portfolio of resources in the county for vulnerable adult only and family households, while still focusing most of the homelessness response system resources on housing additions to ensure homeless households can move quickly from shelter to housing. It is the goal of the Home Together 2026 Community Plan to gradually repurpose non-congregate shelter sites to be used as housing as the immediate need for additional shelter capacity subsides.
Behavioral health services are a critical component of service delivery in all areas of the homelessness response. Efforts are being made to increase clinical support available through Street Health, Shelter Health, and other teams as part of Health Care for the Homeless programs, in housing planning, and in tenancy sustaining services, in order to prevent returns to homelessness. Connections to mental health services are built into pathways to housing in the homelessness response system through emergency shelter, Rapid Re-Housing and supportive housing.
Five activity areas specifically help to connect people experiencing homelessness to shelter and needed resources:
1. Expand access in key neighborhoods and continue improvements to Coordinated Entry a. Expand neighborhood-based access points to the system’s housing and shelter resources in places where people are most likely to lose housing or are currently experiencing homelessness
b. Add access point outreach staff to connect people to these services in the field c. Set up monthly training for 211 operators
d. Develop the capacity for 211 to track and follow up with people seeking resources e. Continue to track and evaluate the impact of updates to the Coordinated Entry System to ensure impacts are effective and support reductions in racial disparities
2. Lower programmatic barriers to crisis services such as prevention, problem solving and shelter a. Ensure that emergency shelters reduce unnecessary program requirements that discourage use or exclude people who need shelter
20 Zeger, Cody. Evaluating Project Roomkey in Alameda County: Lessons from a Pandemic Response to Homelessness. May, 2021. Available at: https://homelessness.acgov.org/reports.
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15 b. Add additional resources such as laundry facilities, storage options, hygiene, harm reduction, health care and safety resources and available services that meet needs of sheltered and unsheltered people.
c. Prioritize using a harm reduction approach and making efforts to meet the specific and varied needs of people experiencing unsheltered homelessness. Improve communication to advertise the availability of resources for households experiencing homelessness d. Provide training systemwide on diversity, equity, and inclusion, harm reduction, housing strategies, and other foundational topics
3. Prevent discharge from mainstream systems to homelessness b. Increase medical and mental health respite by 300 beds and include resources for rehousing. Stabilize and expand the board and care portfolio through new state funding and land trust to correspond with needs identified in the behavioral health system gaps analysis.
c. Implement an exit strategy for all unhoused criminal justice clients that includes shelter, housing, and supportive and behavioral health services.21 d. Connect transition age youth leaving foster care to youth-dedicated rapid and supportive housing programs through ongoing resources targeted to youth nearing exit from foster care.
4. Significantly increase the availability of shelter, especially non-congregate models, to serve vulnerable adults and families with children and to reduce unsheltered homelessness a. Add 1,625 temporary additional shelter beds to serve vulnerable adults and families with children. New shelter should be primarily non-congregate and include access to support services including behavioral health and health care to provide more supportive environments for residents.
b. As new housing comes online, transition non-congregate shelters into permanent housing or remove these shelter beds from the system as demand is reduced. c. Ensure health and safety conditions in shelter programs through countywide standards and track and monitor input by shelter residents.
5. Provide accessible behavioral health services to people with serious mental illness or substance use needs who are unsheltered, in shelter, or in supportive housing programs a. Ensure crisis response and support is accessible for unsheltered people, and that mental health and harm reduction services are available for people in shelters and other programs in the homelessness response system.
b. Allocate resources towards increased behavioral and support services that will help people who are in permanent housing to maintain their housing.
Progress on this goal area will be tracked using the two measures above related to new and returning homelessness, and these two measures of reductions in unsheltered homelessness.
21 Evidence indicates a promising model in low-barrier non-congregate shelter for people exiting criminal justice settings, paired with housing navigation and tenant-based vouchers.
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16 • System Performance Measure: Increase successful placements from street outreach to indoor locations.
• Racial Equity Measure: Monitor for racial disparities in placements from street outreach and address any disparities.
• Additional Measure (Not a HUD or State Measure): Reduce the number of people who are unsheltered at a point in time.
• Racial Equity Measure: Reduce the racial disparities among people overrepresented among those who are unsheltered.
3) Increase Housing Solutions
Both the homelessness response system modeling and interviews with people experiencing homelessness indicate that the single most important step to reduce homelessness dramatically and permanently is to create permanent housing opportunities for people experiencing homelessness throughout the county.
New projects to increase inventory include expansions in pathways and resources to exit homelessness such as Rapid Rehousing and supportive housing, as well as significant investment in newer program models such as dedicated affordable housing and shallow subsidies that provide people with housing that allows them independence and autonomy – a strategy recommended to be more effective in reducing racial disparities.
At publication of this Plan, a pipeline of new subsidies and housing projects in development are expected to increase available inventory by approximately 1,500 units in the first two years, but resources must be identified for thousands more units in order to achieve the inventory goals set forth in this Plan. New one-time resources are anticipated from both the federal and state governments which will assist with this goal, but ongoing local resources will be needed to meet the ambitious targets that are necessary to bend the curve.
Six activity areas are planned to grow the housing inventory and increase access to it (see table 12 below for numbers of units):
1. Add units and subsidies for supportive housing, including new models for frail/older adults a. Expand the supply of supportive housing subsidies and units through prioritization and matching strategies, and new development funding.
b. Create a new model of supportive housing for older/frail adults with more intensive health service needs.
c. Provide services funding for supportive housing and supportive housing for frail/older adults through expansions of Medi-Cal enrollment and the California Advancing and Innovating Medi-Cal (CalAIM) program.
2. Create dedicated affordable housing subsidies for people who do not need intensive services
a. The CRE report and system model includes providing affordable housing without time limits for approximately 30% of the adult only households and 28% of family households in the homelessness response system.
b. Add capacity within the homelessness response system to support new dedicated affordable units including staff for a new flexible local operating subsidy program, additional Coordinated Entry staffing and lighter and variable supportive services.
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17 3. Create shallow subsidies for those who can exit or avoid homelessness with more limited assistance
a. Develop shallow subsidies that provide fixed levels of support for those who are precariously housed or who have been previously homeless and need longer term but limited support.
4. Add new slots of Rapid Rehousing for those who can pay full rent over time a. Couple Rapid Rehousing resources with expansions in employment programs.
5. Ensure new housing funding is distributed across the county according to need The numbers of people and the significant subpopulations in each region are different. As much as possible, housing resources should be distributed based on the regional needs.
6. Reduce entry barriers to housing and ensure racial equity in referrals and placements Table 9: Estimated Number of Housing Solutions, by Type, Needed by 2026 Additional
Supportive
Housing
Needed
New
Supportive
Housing for
Older/Frail
Adults
New Dedicated
Affordable
New Shallow
Subsidies
Additional Rapid
Rehousing slots
Total Units &
Subsidy slots
4,195 3,190 10,070 5,240 1,645 24,340
Source: CA-502 System Model, Abt Associates, 1/20/22
Progress on this goal area will be tracked using two system performance measures and corresponding measures of increased racial equity.
• System Performance Measure: Increase the number of people exiting homelessness into permanent housing.
• Racial Equity Measure: Monitor for any emerging disparities and maintain racial equity within people exiting homelessness into permanent housing.
• System Performance Measure: Reduce the length of time persons remain homeless. • Racial Equity Measure: Monitor for racial disparities in length of time homeless and address disparities.
4) Strengthen Coordination, Communication and Capacity
This plan emerges at a time of great uncertainty. While new resources to expand Alameda County’s homelessness response system are anticipated, how much will become available when, and what may happen with COVID-19 and other factors which may impact homelessness, are unknown. For this reason, this Plan must be closely tracked and refined over time and its projections will be updated as new resources become available. A community-wide commitment to improve and use the community’s HMIS data for tracking and accountability is a central tenet of the Plan.
Improved communication about efforts to reduce homelessness and impacts are also key to keeping the buy-in of partners and the confidence of the community. This includes expanding the range of partners from other systems of care that overlap with the homelessness response system (such as
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18 health care, child welfare, and criminal justice), and ensuring that both housed and unhoused people have access to the best information about current and anticipated homeless resources.
Finally, the network of homeless programs and providers will have to be strengthened and will need to grow to reach the goals of the Home Together 2026 Community Plan. Alameda County benefits from a strong network of nonprofit agencies committed to addressing homelessness and delivering services and housing to those in need. But these agencies are stretched to close to capacity, are often under resourced, and do not fully represent the communities that experience homelessness. Support will be needed to help these partners recruit and retain staff. In particular, resources must be targeted to strengthen providers and partners and to expand contracts for organizations that serve, employ and are led by historically marginalized communities and Black, Indigenous and People of Color.
1. Use data to improve outcomes and track racial equity impacts a. Improve HMIS coverage and confidence in HMIS to be the primary method for future data tracking.
b. Consider increasing the frequency of the PIT Count to annual (currently biennial) so that impacts to both sheltered and unsheltered homeless populations are able to be tracked and monitored more quickly.
c. Improve tracking of resources and inventory to support ongoing evaluation and reporting. d. Improve data quality and regularly review system and program outcome data disaggregated by race.
e. Work to incorporate a Results Based Accountability framework systemwide when tracking and measuring performance metrics.
2. Improve messaging and information availability
a. Centralize homeless related resource information and provide regular system updates to a wide variety of partners.
b. Provide an annual Home Together 2026 Community Plan update on progress and challenges with proposed modifications to the following year’s action plan. c. Complete a full inventory of current and anticipated resources for all key partners in order to identify gaps in funding and strategies to fill these gaps.
3. Build infrastructure to support and monitor new and expanded programs a. Develop and strengthen career pathways in housing and service provider organizations. b. Provide support to service providers, clinics, outreach teams and nonprofit organizations serving homeless populations to improve their ability to hire, train and retain staff. c. Prioritize supporting the advancement of people with lived experience of homelessness in our county’s systems of care.
d. Expand provider networks to incorporate historically marginalized communities and more organizations led by and serving communities of color and support increased capacity within these networks.
e. Ensure public and community agencies have staffing to meet expanded contracting and capacity needs.
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19 f. Ensure behavioral health services are accessible and resources are available to smaller service provider organizations.
There are no state required system performance measures that correspond to this goal area. The community will use the improved data collection process to track progress on all the other outcomes for this Plan. The partners will also track resources and investments to meet the Plan goals and to identify outstanding gap areas.
In addition, community partners will collect data to track the capacity of system partners and especially to expand resources for provider organizations serving historically marginalized communities and communities of color.
The sum of the activities undertaken in this Plan are expected to result in:
• System Performance Measure: Reduce the number of persons experiencing homelessness. • Racial Equity Measure: Reduce the overrepresentation of African Americans, Native Americans, Multi-racial people and Native Hawaiian/Pacific Islanders among persons experiencing homelessness.
5. Specific Needs and Resources for Special Populations Several special populations who experience homelessness merit attention due to their particular vulnerabilities, overrepresentation in the homeless population, and/or specific needs and resources for addressing their needs. These include transition age youth, veterans, older adults, people impacted by intimate partner violence, people with behavioral health needs and people impacted by the criminal justice system.
The housing pathways and resources described above are intended to meet the needs of all of Alameda County’s homeless populations. Some resources are specifically targeted to certain subpopulations such as supportive housing for older/frail adults, and transitional housing for young adults in a transitional period of life.
Needs assessments conducted for each of these populations point to certain additional needs that the strategies of this Plan seek to encompass within the overall framework of increases in housing, shelter capacity and services inventory.
Transition Age Youth
Youth ages 18-24 comprised 9% of the overall population experiencing homelessness in Alameda County in the 2019 PIT count (702 individuals). Unaccompanied children, under age 18, represented less than 1% of the homeless population (29 individuals). 22 These numbers represent a point in time
and only include youth who were counted as sheltered in the homelessness response system or as unsheltered. During the 2019-2020 school year, public schools in Alameda County reported 4,445 homeless students, a number that includes young people under 18 who were doubled up or in hotel settings as well as those in shelter or unsheltered situations. 23 Youth who experience homelessness in Alameda County are very disproportionately African American, identify as LGBTQ and experience behavioral health issues at much higher rates than county or state residents.
24 22 EveryOne Counts! Alameda County Homeless Count & Survey. Applied Survey Research (ASR). 2019. 23 Alameda County Youth Homelessness Demonstration Program. Application July, 2021. 24Alameda County Youth Homelessness Demonstration Program. Application July, 2021.
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20 Table 4: Characteristics of Alameda County Homeless Youth Characteristic % of General Population % of Homeless TAY Population
African-American 11% (Alameda County Youth) 63%
LGBTQ 10% (Alameda County) 42%
Experiencing mental health
issues
25% (California) 43%
Source: Alameda County Youth Homelessness Demonstration Program. Application July, 2021.
The 2019 PIT Count shows that 82% of TAY experiencing homelessness in Alameda County are unsheltered.25
Transition Age Youth (TAY) experiencing homelessness have particular needs due to their stage of development, and often include youth who have been impacted by the foster care system, the juvenile justice system, or both.
Youth report a need for greater access to all resources, increased supports to maneuver through and transition from program to program within the homelessness response system, and increased youth development trainings for service providers. Youth and providers have indicated that the homelessness response system should be improved to be more welcoming to youth, that stronger housing and employment connections for youth are needed so that youth can find and sustain housing, and that increased access to youth dedicated permanent housing and long-term subsidies would significantly build capacity to serve youth.
In work done to identify the specific needs of youth for Alameda County’s application to HUD’s Youth Homelessness Demonstration Program (YHDP), the following issues were identified as contributing to youth homelessness in Alameda County:
26 • Lack of affordable housing
• Lack of supports and resources to successfully transition out of institutional systems such as foster care and the juvenile justice system and into permanent housing • Stigma, trauma and marginalization that creates barriers to accessing resources and maintaining housing
• Risk of return to homelessness from time-limited programs, especially for African-American and parenting youth
• Symptoms related to PTSD or other mental health issues that make it difficult to navigate the homelessness system and maintain stable housing
• Lack of safety at home or in home communities due to gender identity or sexual orientation • High risk for commercial and sexual exploitation
• Unique challenges affecting the ability of unaccompanied immigrant youth to maintain safe and stable housing
• The impacts of racism, discrimination, and institutional racism for youth of color and Black and Native American youth in particular
25 EveryOne Counts! Alameda County Homeless Count & Survey. Applied Survey Research (ASR). 2019. 26 Alameda County Youth Homelessness Demonstration Program. Application July, 2021.
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21 Resources for Youth
Currently, some shelter and housing inventory is set aside to meet young people’s unique needs, and Alameda County’s homelessness response system model for adult only households also includes specific pathways for TAY.27
Additional resources currently available for TAY in Alameda County include the THP-Plus program and dedicated Continuum of Care grants.28 The State of California requires that communities set aside at least eight to ten percent (in different funding rounds) of their Homeless Housing, Assistance and Prevention (HHAP) funds for the needs of Transition Age Youth. Alameda County and the CoC have used initial HHAP funding on increasing system access, additional interim housing, and services paired with housing subsidies dedicated to TAY.
In September 2021, the U.S. Department of Housing and Urban Development (HUD) awarded Alameda County CoC a $6.5 million Youth Homelessness Demonstration Program (YHDP) grant. The funding will be used to create an in-depth plan and establish programs to meet the needs of youth at-risk of or experiencing homelessness and to work towards ending youth homelessness in the community.
Veterans
Historically, veterans have experienced homelessness at much higher rates than their proportion of the population. Recent resources and efforts have brought down the population of homeless veterans, however, they continue to be a significant part of the population. During the 2019 PIT Count in Alameda County, 692 veterans were experiencing homelessness, representing 9% of the county’s homeless population. Of those, 690 were single individuals, and 79% of veterans were unsheltered.29 Veterans experience additional needs and challenges based on their veteran status and, for many, their experiences in the military are linked to conditions such as Post-Traumatic Stress Disorder (PTSD). In the 2019 PIT Count survey, unsheltered veterans most frequently cited mental health issues as the primary cause of their homelessness (18%), while sheltered veterans most frequently cited a rent increase (13%) as the primary cause of their homelessness. Unsheltered veterans attributed their homelessness to job loss at nearly twice the rate as sheltered veterans (15% and 8% respectively).
Resources for Veterans
The U.S. Department of Veterans Affairs (VA) provides a broad range of benefits and services to veterans of the U.S. Armed Forces. These benefits may involve different forms of financial assistance, including monthly cash payments to disabled veterans, health care, education, and housing benefits.
Assistance to obtain these resources is critical, and not all veterans qualify.
In addition to these supports, the VA and HUD partner to provide targeted housing and support services to veterans currently experiencing homelessness or at risk of experiencing homelessness.
These include the VASH (Veterans Affairs Supportive Housing) and SSVF (Supportive Services for Veteran Families) programs which provide permanent subsidies with services, and transitional subsidies, shallow subsidies and prevention support to veterans and their families. These resources provide a critical piece of the homelessness response system for most veterans, though some must still
27 Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design.
January 2021. https://everyonehome.org/centering-racial-equity/ 28 Transitional Housing Program for young adults who exited foster care (including those supervised by Probation) on or after their 18th birthday and are not yet 24 years of age. 29 EveryOne Counts! Alameda County Homeless Count & Survey. Applied Survey Research (ASR). 2019.
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22 rely on general population resources as they are precluded from accessing VA supports based on discharge status or length of service.
Older Adults
Data from the 2019 PIT Count found that 14% of Alameda County’s homeless population was over the age of 60. Thirteen percent (13%) of 2019 PIT Count survey respondents indicated that they were between 50 and 64 years old when they first experienced homelessness, and 3% were over the age of
65.30 Recent national research predicts that the number of older adults experiencing homelessness will increase significantly over the next decade.31 This population has unique and often complex needs that require consideration in homelessness response system design.32 Geriatric conditions are common among older adults experiencing homelessness, and their health and risk of adverse impacts are comparable to housed adults who are 20 years older.33 Services and housing that address geriatric conditions are needed for older homeless adults.
Resources for Older Adults
Recognizing that older adults often have additional and specific service needs, supportive housing for older/frail adults is included as a future inventory need for the homelessness response system as a more service-intensive version of supportive housing for formerly homeless adults who can no longer live independently. Stakeholders in the CRE process determined that our ideal homelessness response system should include enough inventory to serve 10% of adult only households with supportive housing for older/frail adults.34 In addition, the model recognizes that many older adults live on fixed incomes which are often low and stagnant compared to housing costs. Dedicated affordable housing for older adults can ensure that many formerly homeless older adults will be able to live independently on fixed incomes. Alameda County‘s homelessness response system model includes pathways out of homelessness for older adults through access to dedicated affordable housing from both sheltered and unsheltered homeless living situations.
People Impacted by Intimate Partner Violence (IPV)
Histories of domestic violence and partner abuse (referred to in this plan as intimate partner violence) are prevalent among individuals experiencing homelessness and can be the primary cause of
30 EveryOne Counts! Alameda County Homeless Count & Survey. Applied Survey Research (ASR). 2019. 31 “The Emerging Crisis of Aged Homelessness: Could Housing Solutions Be Funded by Avoidance of Excess Shelter, Hospital, and Nursing Home Costs?” (2019) | Culhane et al | University of Pennsylvania. https://aisp.upenn.edu/wp-content/uploads/2019/01/Emerging-Crisis-of-Aged-Homelessness-1.pdf 32 Geriatric Conditions in a Population-Based Sample of Older Homeless Adults (2017) | Kushel et al | The Gerontologist, Volume 57, Issue 4, August 2017, Pages 757–766. https://academic.oup.com/gerontologist/article/57/4/757/2631974 33 Geriatric Conditions in a Population-Based Sample of Older Homeless Adults (2017) | Kushel et al | The Gerontologist, Volume 57, Issue 4, August 2017, Pages 757–766. https://academic.oup.com/gerontologist/article/57/4/757/2631974 34 Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design.
January 2021. https://everyonehome.org/centering-racial-equity/
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23 homelessness. Survivors of intimate partner violence (IPV) often lack the financial resources required for housing, as their employment history or dependable income may be limited.
For individuals in families with children surveyed in the 2019 PIT Count, the most frequently reported cause of homelessness was family or domestic violence (26%). Six percent (6%) of respondents from the 2019 Homeless PIT Count survey reported currently experiencing domestic violence or abuse.
There was no difference observed between unsheltered and sheltered respondents (6% each).
Domestic violence did vary by gender, as 4% of male respondents reported current experience compared to 10% of females. While there were very few transgender and gender non-conforming respondents, 8% and 3% reported currently experiencing domestic violence, respectively.
Twenty-six percent (26%) of 2019 PIT Count survey respondents reported a history of ever experiencing physical, emotional, or sexual abuse by a relative or by a person with whom they have lived, such as a spouse, partner, sibling, parent, or roommate. This also varied by gender, with 17% of male, 40% of female, 39% of transgender, and 16% of gender non-conforming respondents experiencing domestic violence in their lifetime.
Persons fleeing or impacted by intimate partner violence (IPV) have similar needs to others experiencing homelessness when it comes to housing and services but have other needs and circumstances that make their engagement with the homelessness response system even more challenging. Most victims of IPV often do not have access to unmonitored technology, making seeking help and client follow-ups difficult.
The COVID-19 pandemic has impacted IPV providers and programs significantly and the population fleeing violence that they serve.
• Crisis hotlines have seen a 30-70% increase in calls
35 • Some providers are reporting increases of up to 150% in requests for mental health services (from 44,000 to 109,000)
• To address health concerns and follow COVID-19 protocols, shelter capacity including in domestic violence shelters has been decreased, and leaving some providers to serve between 30-50% fewer clients
These impacts have made access to the kind of support survivors need, including temporary crisis assistance, affordable housing, and supportive housing even more difficult. The Alameda County Health Care Services Agency’s Office of Homeless Care and Coordination, Building Futures, Family Violence Law Center, and Eden I&R 211 have created a program design to establish a parallel and connected Coordinated Entry System for survivors of domestic violence, sexual assault, and human trafficking in Alameda County so they can better access needed support services, health care, and housing resources to begin to live a life free from abuse and homelessness.
Resources for Survivors of Intimate Partner Violence (IPV) Resources for programs that meet the needs of survivors of IPV include dedicated shelters and transitional programs. Since COVID-19, Project Roomkey was created to use hotels to provide non- congregate shelter for people who are homeless and at high risk for complications from the disease.
The Marina Village Inn in the City of Alameda provided 51 rooms of temporary shelter for women and children to allow for decompression of Domestic Violence shelters (to comply with COVID-19 protocols). These guests, as other Roomkey guests, are now prioritized for permanent housing.
35 Family Violence Law Center. Presentation to the Alameda County Boa rd of Supervisors. ”Gender-Based Violence COVID-19 Coordinated Response.” October 25, 2021.
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24 The 2021 HUD-funded Emergency Housing Voucher program, also part of the COVID-19 relief effort, includes a partnership with victim services providers and a set-aside of 87 vouchers for survivors of violence. Voucher recipients will also be provided tenancy sustaining support services, including coaching for independent living and community integration. A new grant from HUD specifically for setting up Coordinated Entry to serve survivors will increase access to the rest of the homelessness response system resources.
People with Behavioral Health Needs
According to the 2019 PIT Count, adults with serious mental illness (SMI) comprised nearly one-third (32%) of Alameda County’s homeless population, compared to 29% in 2017 and 18% in 2015. As reflected in the overall homeless population, close to 80% of homeless adults with SMI were unsheltered. The most frequently reported health conditions among survey respondents were psychiatric or emotional conditions (39%), followed by post-traumatic stress disorder (30%) and substance use (30%). Twelve percent (12%) of PIT Count survey respondents cited the primary event or condition that led to their current homelessness as mental health issues, and 10% said substance use issues. Twenty-one percent (21%) indicated that mental health services might have helped them retain their housing and 38% cited the need for behavioral health services (e.g., mental health and substance use counseling).
Structural racism and racial disparities in homelessness contribute to and exacerbate mental health needs. A wide body of research points to links between racial discrimination and negative effects on mental health. 36 Additional research also links the adverse impacts of experiencing homelessness such as stress, anxiety, isolation, and sleep loss to worsening mental health problems.37 An analysis of people experiencing unsheltered homelessness in Alameda County that had encounters with street outreach indicates that nearly half (48%) are particularly vulnerable due to advanced age and/or one or more health or behavioral health conditions including mental health and substance use disorders. 38 California’s Department of Health Care Services (DHCS) recently conducted a needs assessment for behavioral health care services statewide and surveyed consumers and family members on needed housing supports. Many of the comments corresponded closely to the Alameda County CRE report findings. Unmet needs cited as priorities included:
• Additional housing capacity, due to low vacancy rates and lack of affordability • Additional supportive housing options for adults that provide wraparound behavioral health services, such as Full Service Partnerships
• Additional capacity in longer-term adult residential facilities, sober living and recovery residences
36 American Public Health Association. Structural Racism is a Public Health Crisis. APHA Policy Statement. October 24, 2020. https://www.apha.org/policies-and-advocacy/public-health-policy-statements/policy- database/2021/01/13/structural-racism-is-a-public-health-crisis 37 Mental health problems are often a consequence— not a cause— of homelessness. KALW San Francisco.
Published December 7, 2016. https://www.kalw.org/show/crosscurrents/2016-12-07/mental-health-problems- are-often-a-consequence-not-a-cause-of-homelessness#stream/0 38 From a 2021 Analysis of SHIE and HMIS data for unsheltered persons with a street outreach contact.
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25 • Efforts to address barriers to building or siting housing for individuals living with mental health issues and individuals living with substance use disorders (SUD), and to ensuring that housing providers are willing to accept behavioral health clients 39 Resources for Those with Behavioral Health Needs
Alameda County (through Alameda County Behavioral Health and Berkeley Mental Health) receives specific funding to meet the needs of homeless and formerly homeless people with behavioral health needs. This includes Mental Health Services Act (MHSA) funding, which supports 13 Full Service Partnership contracts (representing $31m) with behavioral health providers. Full Service Partnerships provide intensive services and supports and coordinate access to housing, education, and employment for formerly homeless people with severe mental illness (SMI). The State’s No Place Like Home program provides funding for housing dedicated for people with SMI and Alameda County has secured $129m. For several years the Whole Person Care program provided significant support for housing and for navigation and tenancy sustaining services. As this resource transitions to CalAIM, Alameda County is working with health plans to continue to provide these community-based services and to provide some of the clinical and other supports for supportive housing.
People Impacted by Criminal Justice System Involvement
Nine percent (9%) of respondents to the 2019 Homeless PIT Count survey reported being on probation at the time of the survey, and 3% reported being on parole.
Homelessness and incarceration are often correlated. Individuals without stable housing are at greater risk of criminal justice system involvement, particularly those with mental health issues, veterans, and youth. Individuals with past incarceration face significant barriers to exiting homelessness due to stigmatization and policies affecting their ability to gain employment and access housing opportunities.
Research has found that formerly incarcerated people were almost ten times more likely to experience homelessness than the general public.
40 Structural racism and widespread racial discrimination have resulted in stark racial disparities in the criminal justice system as people of color are more often targeted, profiled and arrested for minor offenses, especially in high poverty areas. A criminal history can be a barrier to securing both housing and employment, and rates of homelessness among people exiting jails and prisons is high as they often face significant challenges accessing safe and affordable housing. 41 Focus groups of people with lived experience of homelessness convened to inform Alameda County’s original homelessness response system model (detailed in the CRE report) discussed how incarceration impacted their ability to find and keep housing. While incarceration is a barrier to housing and employment for anyone, the well-documented mass incarceration of Black, Latinx, and other people of color means that incarceration is a barrier to housing that is disproportionately impacting people of
39 State of California Department of Health Care Services, Assessing the Continuum of Care for Behavioral Health Services in California Data, Stakeholder Perspectives, and Implications, January 10th, 2022 40 EveryOne Counts! Alameda County Homeless Count & Survey. Applied Survey Research (ASR). 2019. 41 National Alliance to End Homelessness. Homelessness and Racial Disparities. https://endhomelessness.org/homelessness-in-america/what-causes-homelessness/inequality/
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26 color. Focus group participants also highlighted the impact of structural racism in systems such as mass incarceration, and how involvement in these systems makes it difficult to increase income.42 Resources for Formerly Incarcerated People
Currently, the Probation Department receives direct funding for Rapid Rehousing and transitional housing programs for people re-entering the community from incarceration (reentry).
In May 2020, the Alameda County Board of Supervisors directed the Alameda County Health Care Services Agency Behavioral Health Department to develop a plan to reduce the number of incarcerated individuals with behavioral health conditions within the jail. The multi-year plan, estimated to cost $50 million, includes extensive stakeholder engagement, internal county department research, and consultation. One primary area of focus is to strengthen connections between and across sectors to close any gaps and improve post-release service participation. Strategies include expansion of access to urgent care and crisis services, expansion of forensic linkage programs, and development of a Transition Age Youth Full Service Partnership. The plan will prioritize the care of “high utilizers” of county behavioral health and county forensic services to ensure that justice involved people are connected to appropriate treatment and facilities, and are able to access short term housing, permanent housing and board and care facilities.
6. Resources, Gaps and Allocation Plan
Today, homelessness in Alameda County is addressed through a wide variety of both homeless- targeted and general population resources from federal, state, and local government funds as well as private sources. In FY 20-21, the estimated Maintenance of Effort (MOE) budget for funds identified and allocated toward the homelessness response system just for the county exceeded $110 million.
This does not include funding that cities invest directly in their own efforts or in nonprofit programs, nor private dollars that nonprofit organizations raise. It is estimated that all together the resources in the homelessness response system annually are closer to $183 million, apart from one-time COVID funds.
Figure 6. FY 20-21 Homelessness Budget by County Department and Category
42 Oakland-Berkeley-Alameda County Continuum of Care. Centering Racial Equity in Homeless System Design.
January 2021. https://everyonehome.org/centering-racial-equity/
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27 In FY20-21, Cities across Alameda County collectively allocated $73 million in funding to address homelessness across the categories of shelter and housing, coordinated system, health and supportive services, outreach, and prevention.
Figure 7. FY 20-21 City Homelessness Budgets
City
DIRECT
Federal/State/
County
City
General Fund
Total FY20-21 Homeless
Funding % of Total
Oakland $24,170,000.00 $8,130,000.00 $32,300,000.00 44% Berkeley $20,729,241.00 $4,458,540.00 $25,187,781.00 35% Hayward $3,944,207.00 $2,030,740.00 $5,974,947.00 8%
Fremont $3,188,373.58 $1,847,336.42 $5,035,710.00 7%
Alameda $936,971.00 $189,856.00 $1,126,827.00 2%
Livermore $456,661.00 $490,547.00 $947,208.00 1.30%
Union City $190,726.00 $341,132.00 $531,858.00 0.73%
Albany $395,000.00 $53,000.00 $448,000.00 0.62%
San Leandro $258,206.00 $121,000.00 $379,206.00 0.52%
Emeryville $0.00 $368,500.00 $368,500.00 0.51%
Pleasanton $0.00 $275,000.00 $275,000.00 0.38%
Dublin $0.00 $37,338.00 $37,338.00 0.05%
Total $30,099,385.58 $42,512,989.42 $72,612,375.00 100%
Shelter & Housing
67%
Coordinated
System*
13%
Health & Supportive
Services
6%
Outreach
4%
Prevention
10%
CITY FUNDING BY CATEGORY
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28 To achieve the needed level of expansion will take a significant investment of new resources. Some of these resources could come from increases in federal supports and from state investment in expanding affordable housing and ending homelessness.
With resources from a notable budget surplus, the State of California has recently committed to a one- time investment of more than $12 billion in homelessness and another $10.3 billion in affordable housing.43 As a result, Alameda County and the City of Oakland anticipate new funds from the state Homeless Housing, Assistance and Prevention (HHAP) grant, and potentially from Project Homekey and other new programs such as the Encampment Resolution Funds and Family Homelessness Challenge Grants.
These new funds will build on investments already in the inventory pipeline for homeless housing units from the state’s No Place Like Home program and Alameda County’s Measure A1, which contribute to new housing units set to open in the first few years of the Plan.
Due to the advent of COVID-19, a range of one-time funds to provide shelter and housing have also already been put to work. The federal FEMA program, state Project Roomkey and matching local funds opened hundreds of hotel rooms for people impacted by or at risk of COVID-19, and the state’s Project Homekey and federal Emergency Housing Vouchers have helped transition some of these hotels to permanent housing while providing housing vouchers for 900 people experiencing homelessness. The investment from these programs has expanded capacity for more than 1,300 people in permanent housing, just from the initial allocations through 2021.
This unprecedented infusion of funding will help to jump start the Plan goals for both housing and shelter expansion, but the one-time nature of most the funding and the growing gap in the later years of the plan still leave a significant gap that will need to be filled. Locally generated resources will be needed along with sizeable expansions in federal resources. In particular, it will be extremely challenging to meet the dedicated affordable housing goal in this Plan without a significant expansion of federal Housing Choice Vouchers with specific targets for people currently experiencing and at high risk of homelessness.
In addition to the need for significantly more funding and resources to expand housing and program capacity, resources will need to be distributed throughout the County, aligned to these joint goals and with built-in accountability. In 2021, representatives from cities and county agencies proposed a method for allocating funds that pass through the county, intended for homelessness response. [See Appendix B.]
Because the county is a direct recipient of many funds and has the ability to support efforts throughout the entire geography, Alameda County and CoC partners will coordinate a countywide effort to leverage city and county resources. The cities will play a critical role, both through the provision of local, and some dedicated federal and state resources, and as overseers of land use planning for shelters and permanent housing. Together these partners will work to align efforts and stretch both the existing resources and new funding as it emerges.
Project funding through this collaborative allocation plan will be directed to programs meeting the performance goals outlined in this Plan, and programs that show a plan for targeted capacity in small, emerging and/or BIPOC led (and serving) agencies, and new innovative programs.
43 Governor Newsom Signs Historic Housing and Homelessness Funding Package as Part of $100 Billion California Comeback Plan. (July 19, 2021). https://www.gov.ca.gov/2021/07/19/governor -newsom-signs-historic-housing- and-homelessness-funding-package-as-part-of-100-billion-california-comeback-plan/
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29 Completing a full inventory of current and anticipated resources is a next step to access state funding and to track investments in the Plan. Resource tracking will be reported annually. The county and city partners will create implementation plans with two-year cycles including anticipated investments and timelines for unit and program creation, which will be updated and reported during each two-year cycle.
7. Conclusion
The Home Together 2026 Community Plan is the result of bold visioning and commitment across all county stakeholders to look critically at what is happening today in Alameda County’s homelessness response system, and to recognize that without significant new investment and effort, homelessness will not decrease and will in fact continue to grow. The human cost of continued widespread homelessness, and the vast racial disparities among those most impacted, are not acceptable. The situation requires unprecedented coordination, commitment, and investment.
To reverse the trend and make dramatic progress on reducing homelessness, the Home Together 2026 Community Plan adopts bold, ambitious, and measurable goals, both for reducing homelessness and for achieving greater racial equity. The Plan builds from results of system modeling and racial equity analysis to lay out new program models and pathways to help people back into housing. To bring these new programs and solutions into being will take committing every available dollar from the county and its partners in ways that uphold performance and invest in working and desired models. The countywide allocation plan envisions alignment between the county, cities, and other funders to make these investments possible.
The community adopts this Plan and vision at a time when the future is uncertain. New resources, both one time and ongoing, received in 2021 and anticipated in the future provide the foundation for achieving the Plan, but alone are not enough to realize its vision. The response to COVID-19 has shown that the community can pull together and can work at speeds we have not seen before; a strong foundation to build from. However, we face continuing challenges including uncertainties from COVID- 19, unpredictable housing markets and future state, federal and local budgets, and an overtaxed public and non-profit sector with significant capacity needs.
These opportunities and challenges require sustaining a level of unprecedented collaboration and coordination, building on the progress made during the last two years and through COVID-19 to unify the community response and to build an aligned response system. With these commitments and agreements for joint accountability we will, by 2026, be home, together.
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30 APPENDICES
A. Glossary of Terms
B. Detail on County Allocation Plan
C. System Model Overview and Update
D. System Modeling 5-Year Dashboards for Adult and Family Households E. Acknowledgements
158
31 Appendix A. Glossary of Terms
Key Terms and Definitions
Adult Only Household: Represents one or more adult(s) experiencing homelessness together without minor children.
BIPOC: Black, Indigenous and people of color
Continuum of Care (CoC): A regional or local planning body that coordinates housing and services funding for homeless families and individuals.
Coordinated Entry System: Alameda County’s Coordinated Entry System is used to connect residents experiencing homelessness to resources in our county’s homelessness response system.
Emergency Shelter: Any facility that provides temporary shelter for people experiencing homelessness.
Homeless Management Information System (HMIS): A Homeless Management Information System (HMIS) is a local information technology system used to collect client-level data and data on the provision of housing and services to homeless individuals and families and persons at risk of homelessness.
First time homelessness (or new homelessness): A person or household who has lost housing and become homeless for the first time.
Homelessness Response System Model: A model for the optimal homelessness response system that effectively and equitably allocates resources and prioritizes investments to end homelessness.
Homeless: People who are residing in emergency shelter, transitional housing, on the street, or in another place not meant for human habitation.
Household with minor children: Represents one or more adult(s) experiencing homelessness together with minor children.
Housing Inventory Count (HIC): Required by HUD, the HIC is a point -in-time inventory of all of the dedicated beds and units within a Continuum of Care’s homeless services system, categorized by type of project and population served.
Inflow: The number of people entering the homeless services system each year. Inflow is not synonymous with the number of people newly experiencing homelessness, as it also captures people with previous episodes of homelessness and homeless people with unmet needs carrying over from the previous year.
Non-congregate Shelter: Locations where each individual or household has living space that offers some level of privacy such as hotels, motels, or dormitories.
Housing Choice Vouchers: Funded by the U.S. Department of Housing and Urban Development, Housing Choice Vouchers assist low-income families, or those with disabilities, in finding safe and affordable housing in the private market. Local Public Housing Agencies issue Housing Choice Vouchers to qualified families.
Housing Navigation: Housing Navigation involves helping a household that is homeless develop a housing plan, address the barriers identified during the plan, and acquire documentation and complete forms required for housing.
Housing Pathway: The set of programs and resources expected to be used by a household experiencing homelessness in order to be temporarily sheltered and to become permanently housed. The modeling for the
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32 Home Together 2026 Community Plan uses assumptions about a variety of different housing pathways to determine the resource needs and gaps.
Housing Problem Solving: Housing Problem Solving is an approach to help homeless households use their strengths, support networks, and community resources to find housing; a person-centered, housing-focused approach to explore creative, safe, and cost-effective solutions to quickly resolve a housing crisis.
Housing Resource Center: Dedicated Housing Resource Centers (also referred to as “Access Points”) are located throughout Alameda County and are locations where people experiencing homelessness can connect with available resources and services.
Long-Term Subsidy: A housing subsidy of long-term (more than five years) or unlimited duration that continues typically as long as the receiving household remains eligible based on income.
Older Adults: Adults aged 55 and older; also referred to as Seniors.
Permanent Supportive Housing (PSH): Permanent subsidized housing based on income and services to keep tenants in stable housing. In this Plan PSH is referred to as supportive housing.
Point in Time (PIT) Count: An unduplicated one-night estimate of both sheltered and unsheltered homeless populations (to be distinguished from the number of people experiencing homelessness annually).
Project Homekey: Through Project Homekey the state awards funding that allows municipalities to purchase and rehabilitate hotels, motels, vacant apartment buildings and other properties, and convert them into permanent, long-term housing.
Project Roomkey: Established in March 2020 as part of the state response to the COVID- 19 pandemic, the purpose of Project Roomkey is to provide non-congregate shelter options for people experiencing homelessness, protect human life, and minimize strain on health care system capacity.
Racial Equity: The systemic fair treatment of people of all races that results in equitable opportunities and outcomes for everyone. All people are able to achieve their full potential in life, regardless of race, ethnicity, or the community in which they live.
Racism: A belief that race is a fundamental determinant of human traits and capacities and that racial differences produce an inherent superiority or inferiority of a particular race; behavior or attitudes that reflect and foster this belief.
Rapid Re-Housing (RRH): Time-limited rental subsidy and support services with the intention of the household taking over lease and sustaining on their own.
Sheltered homelessness: A person experiencing homelessness who is living in a supervised publicly or privately operated shelter designated to provide temporary living arrangement.
Results Based Accountability: A framework that uses a data-driven, decision- making process to help communities and organizations identify population level results and monitor their programs' performance in order to determine how to improve their impact on the clients they serve.
Returns to homelessness: The rate at which people who have been homeless and become rehoused los e that housing and return to the homelessness response system.
Shallow Subsidy: A housing subsidy that is typically less than the amount of a full or deep subsidy such as a Housing Choice Voucher, and which is usually calculated at a flat monthly amount or a specific percent of rent.
Shallow subsidies can be time limited or can be indefinite.
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33 Street Health Outreach: Street Health Outreach teams provide access to care that meets the unique needs of people experiencing homelessness through regularly scheduled outreach services offered to unsheltered people living in homeless encampments, vehicles, and RVs. Street Health Outreach teams engage people living on the streets with highly accessible, patient-centered care. They strive to build relationships that lead to long -term health through connections to primary care, social services, housing, and other resources.
Structural Racism: A system in which public policies, institutional practices, cultural representations, and other norms work in various, often reinforcing ways to perpetuate racial group inequity.
System Performance Measure: Measures defined by HUD to evaluate and improve homeless ass istance programs by understanding how programs are functioning as a whole and identifying where improvements are necessary.
Transition Age Youth (TAY): Youth between the ages of 18 and 24.
Unsheltered homelessness: A person with a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings, including a car, park, abandoned building, bus or train station, airport, or camping ground.
Acronyms Used in the Home Together 2026 Plan
BIPOC: Black, Indigenous and People of Color
CoC: Continuum of Care
CRE: Centering Racial Equity (from the report Centering Racial Equity in Homeless System Design) DHCS: California’s Department of Health Care Services
EOH: EveryOne Home
HCSA: Health Care Services Agency
HHAP: Homeless, Housing Assistance Program
HIC: Housing Inventory Count
HMIS: Homeless Management Information System
HRC: Housing Resource Center
HUD: US Department of Housing and Urban Development
IPV: Intimate Partner Violence
LGBTQ: Lesbian, gay, bisexual, transgender, queer/questioning OHCC: Alameda County’s Office of Homeless Care and Coordination PIT: Point-In-Time
PSH: Permanent Supportive Housing
PTSD: Post-traumatic stress disorder
RBA: Results Based Accountability
RRH: Rapid Re-Housing
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34 SMI: Serious Mental Illness
SUD: Substance Abuse Disorder
TAY: Transition Age Youth
TH: Transitional Housing
THP: Transitional Housing Program
UIY: Unaccompanied Immigrant Youth
VA: U.S. Department of Veteran’s Affairs
YHDP: Youth Homelessness Demonstration Program
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35 Appendix B. Detail on County Allocation Plan
Framework for City-County Partnership on Resources to End Homelessness Adopted on February 24, 2022 at the joint meeting of Alameda County Board of Supervisors and Alameda County Mayors
Preamble:
The Alameda County Board of Supervisors and Mayors across the county’s fourteen cities are committed to ending homelessness. We recognize that homelessness is a regional problem that requires a regional solution, with coordinated leveraging of city and county resources.
Alameda County is the jurisdiction best equipped to coordinate an overall, countywide effort, for the following reasons:
• While cities have increased local spending on homelessness to historic levels over the past several years, many of the largest sources of real and potential funding to address homelessness are administered primarily at the county level, including Continuum of Care (CoC) and other federal funding; state Homeless Housing, Assistance, and Prevention (HHAP); and other dedicated health and social services funding. • In California, counties are the seat of the social safety net system and administer Medi-Cal, mental health, public health, and substance use disorder programs, CalFresh, and other federal and state welfare benefits. Ending homelessness, especially for people with high needs, requires a holistic, whole-person approach that draws on all these programs. • Alameda County administers a Social Health Information Exchange and associated Community Health Record that facilitates whole-person care through data and care coordination across housing and health care providers.
• Alameda County manages the Coordinated Entry System, the federally-mandated mechanism for allocating homeless housing, shelter, and services. • Alameda County administers the Homeless Management Information System (HMIS), the source of data for homelessness response system outcomes reporting to the federal and state governments.
The cities also play a critical role in ending homelessness through the provision of local and dedicated federal and state resources, and as overseers of land use planning for shelters and permanent housing.
Cities have innovated programs and services and their capacity to fund/augment programs must be considered alongside local and regional priorities.
This document provides a framework to address shared jurisdictional priorities and resource capacity while acknowledging the county as the leader in coordinating regional funding initiatives aimed at ending homelessness. The framework is built on a countywide strategic plan to address homelessness and to reduce racial and ethnic inequities among people experiencing homelessness.
Framework:
Federal regulations and state law (AB 140) now both tie homeless funding levels to demonstrated progress toward reduction of homelessness using Federal System Performance Measures (HUD
163
36 measures). Alameda County partners plan to meet these requirements by executing the Home Together 2026 Community Plan, the Community’s strategic plan to implement the recommendations in the Centering Racial Equity in Homeless System Design report.
Existing Programs/Projects:
• In order to be eligible for homelessness funding that originates or passes through Alameda County, a homelessness program must demonstrate how it meets the measurable performance goals outlined in the Home Together 2026 Community Plan. Alameda County, through its procurement mechanisms and based on funding regulations, makes the final determination of program eligibility for county-administered funding, which will be allotted to each CoC-defined region of the county proportionally to that region’s share of the county’s overall homeless population as per the most recent federal Point-In-Time Count (PIT). • To best leverage city resources during each funding cycle, the county will provide to representatives from each region-city a list or “menu” of the services or programs it will be considering for county-allocated funding: specifically, the existing (or new) types of projects the county plans to invest in either because they clearly meet the recommendations in the Centering Racial Equity report/Home Together 2026 Community Plan, or because they are meeting clear performance thresholds in reducing homelessness. • A city or region
44 can recommend programs to be considered for county-administered funds.
Projects must:
o Demonstrate how they already meet performance goals in the Home Together 2026 Community Plan; OR
o Show a plan for targeted capacity (for small, emerging and/or BIPOC led (and serving) agencies or new, innovative programs), AND
o Agree to:
Participate in county referral systems that prioritize vulnerable people for the most intensive services;
Use a “Housing First” approach;
Provide data in HMIS or, for domestic violence service providers, an equivalent data system
• Programs and referrals will reflect consumer choice and geographic ties. • Projects currently receiving county-administered funding that meet performance benchmarks will receive priority consideration (within applicable procurement guidelines) for future County administered funding, with the goal of preventing disruptions in service. Similarly, if a city’s direct allocation of state or federal resources is one-time or discontinued, projects funded by such sources that meet performance benchmarks will also receive priority consideration to prevent service disruption and any reduction in systemwide capacity.
44 A “region” can be either:
a. The grouping of cities and unincorporated areas of the county as currently defined by the CoC for the purposes of Coordinated Entry implementation; OR
b. Two or more cities that, by formal MOU or contract, decide to partner together to provide a particular service or administer a particular program.
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37 • If a program is not found to be eligible for funding or fails to meet performance benchmarks, the city and county work together on a transition plan for impacted participants. • When measuring the performance of a candidate program/project, the county will:
o Utilize data entered into the Homeless Management Information System (HMIS) as the chief data source.
o Weight programs by vulnerability of the population the project serves. This could be accomplished by, among other things, cross-walking the households in the project’s roster to their vulnerability score on Coordinated Entry assessments or to other information on vulnerability recorded in the Social Health Information Exchange.
New Projects/Programs:
• Cities or regions will be primarily responsible for “seed funding” for new projects. If the new project/program can meet a benchmark performance measure consistent with the Home Together 2026 Community Plan over the ensuing two years, the county agrees to prioritize it for future funding or match, if consistent with procurement requirements. • The county agrees, at the request of the city or region, to consult with the city/region before it launches a new program, in order to confer on how that program can be best positioned to become eligible for future funding.
• If the County is successful in drawing down HHAP “bonus funding” pursuant to AB 140, the county may use some of its “bonus funds” from the state:
o To match new city proposed programs/projects in the future; o To make targeted efforts to resolve encampments in the most-impacted census tracts in the county.
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38 Appendix C. System Modeling Overview and Update
In 2019-2020 through the process of developing the Centering Racial Equity in Homeless System Design (CRE) report and recommendations for Alameda County’s homelessness response system, Abt Associates, a HUD technical assistance provider, worked with local CoC stakeholders to model an optimal homelessness response system through a system modeling process. Data on system usage was analyzed and extensive focus groups were conducted with people with lived expertise and representing populations served by the homelessness response system in order to develop recommendations about pathways to housing and system inventory needs for various household types and subpopulations.
More on this system modeling process and recommendations can be found in the 2021 Centering Racial Equity in Homeless System Design report and appendices.
The homelessness response system model developed for the CRE process was updated in 2021 to inform the Home Together 2026 Community Plan. Updates to the system model included:
• The decision to propose more shelter in addition to permanent housing, to rapidly reduce unsheltered homelessness. This was not addressed in the original system modeling but was highly recommended by the Strategic Planning Committee and jurisdictional partners; • The decision to model for a decrease in new entries into homelessness by the end of the planning period, with an increased investment in prevention; • Updates to length of time spent in shelter to more accurately reflect current conditions and impacts of future investments; and
• Updates to certain cost assumptions based on current data.
System Modeling Data Updates
In order to conduct this system modeling update, Abt Associates worked with local partners from the Alameda County CoC including the Alameda County Health Care Services Agency’s Office of Homeless Care and Coordination, EveryOne Home and All Home. The table below details the indicators reviewed by the Data Committee for the 2021 modeling update and reflects any changes to the data used to inform the updated system model.
Indicator Data Used in
Original
System
Modeling
Data Used in
2021 Update
Data Source Data
Timeframe
Justification
Number of
Homeless
Households
(HH) in the
Homelessness
Response
System
12,005 Adult
Only (AO) HH
985 HH with
children
Same Annualized
PIT Count
2019 (PIT
Count)
In original System
modeling stakeholders
agreed on using
annualized PIT count to
ensure that unsheltered
were accounted for.
Since more recent PIT
Count data was not
available, the 2019
annualized estimate was
used in the system
modeling update.
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39 Indicator Data Used in
Original
System
Modeling
Data Used in
2021 Update
Data Source Data
Timeframe
Justification
Annual
Percentage of
Households
Remaining
Homeless
Baseline was
63% for AO
and HH with
minor children
AO HH: 64%
HH with minor
children: 67%
HMIS Updated
System
Model: FY
2021
Original
System
Model: PIT
self-
reported
data on
length of
time
homeless
Rates were calculated
based on numbers
served (in the current
data set).
HH Served That
Led to an Exit
From the
System
37% served
used for both
AO and HH
with minor
children
AO HH: 36%
HH with minor
children: 33%
Updated
system
model: July 1,
2020 – June
20, 2021
Original
system
model: 2019
HMIS From the original System
Model “63% homeless
more than a year” this
was used to get to the
37% exited as the
difference – 63%
remained and the rest
exited.
Annual %
Increase in
Homeless
Households
(returns to
homelessness +
first time
homeless)
20% 20% (Year 1)
10% (Year 2)
0% (Year 3)
-10% (Year 4)
- 10% (Year 4)
2017 + 2019
PIT Count
County FY
(July-June)
Estimate was developed
for the original model,
looking at the rate of PIT
increase 2015-2017
(39%) and 2017-2019
(42%). This was used to
estimate an annual
increase of 20%.
In the update, a more
specific growth and
decline rate were used
that assumes continuing
increases in the first
years followed by
modest declines.
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40 Indicator Data Used in
Original
System
Modeling
Data Used in
2021 Update
Data Source Data
Timeframe
Justification
% of Baseline
Homeless
Population
(HH) That are
Considered
First Time
Homeless
AO HH: 45%
HH with minor
children: 43%
AO HH: 31%
HH with minor
children: 26%
2021 update
used HMIS
Original
System
Modeling
used 2019
PIT Count
data
July 1, 2020
– June 30,
2021 (HMIS)
2019
HMIS data provided a
more detailed and
accurate look at new
homelessness.
Shelter Cost
Assumptions
$70/ bed night
for congregate
shelter
$85/ bed night
is used as an
estimate for
all shelter
units
Estimate of
costs taking
congregate
and non-
congregate
shelter costs
into account
n/a Congregate shelter cost
estimate remains
unchanged from 2019
system modeling.
Non-congregate shelter
is new to our
homelessness response
system as of 2020.
Baseline
Length of
Shelter Stay
(LOS)
AO HH: 90
days
HH with minor
Children: 90
days
AO HH: 5
months
HH with minor
children: 7
months
For 2021
update,
estimate is
based on
HMIS data for
“leavers”
For 2019
model, 90
days was an
aspirational
LOS
For 2021
update: July
2019 - June
2020
Changed to use more
reflective LOS data
instead of the target
stay.
Shelter
Inventory
1,335
Emergency
Shelter Units
AO HH: 1648
units
HH with minor
children: 137
units
2021 data:
2021 HIC +
additional
inventory
2019 data:
2019 HIC +
additional
inventory
Housing
Inventory
Count
(1/27/2021)
Includes non-congregate
shelter additions.
Leaves out all seasonal
shelter.
Reduces some of the
capacity in the
congregate shelters (per
changes due to COVID-
19).
Does not include
transitional housing.
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41 Indicator Data Used in
Original
System
Modeling
Data Used in
2021 Update
Data Source Data
Timeframe
Justification
Housing
Inventory
Turnover Rate
8% turnover
rate used for
Permanent
Supportive
Housing (PSH)
5% turnover
rate used for
Dedicated
Affordable and
Shallow
Subsidy
programs
Same FFY 2019 HMIS, APR
report
Rates for PSH based on
current information and
did not change. Rates for
new program models
were predictions based
on estimates for PSH.
System Modeling Data Update Notes
• Unless new data was available and could be justified for use, data, assumptions, and estimates used in the system modeling update maintained what was used for original Alameda County homelessness response system modeling (more detail available in the CRE report). • All indicators used were defined for households with adults only as well as households with minor children.
• Housing inventory was only “counted” in the model when it has been occupied/leased up. • Dashboard tables were presented in rounded numbers where possible. • Turnover is calculated in the model and only new/recurring investments are added to the model.
• The system model only captures resources dedicated to the homelessness response system; it does not account for services and resources from behavioral health, criminal justice, child welfare systems, etc. unless resources are dedicated for individuals experiencing homelessness.
System Modeling Scenario Updates
The scenarios in the original system modeling compared two different system responses that considered anticipated need throughout the system as well as existing racial disparities. The updated system modeling used the information about current homelessness response system outcomes and the suggested pathways out of homelessness designed by the CRE process to make estimates about the programs and inventory needed to achieve an optimal homelessness response system that has the capacity to serve the needs of everyone experiencing homelessness within the next five years. The update used this information to explore three potential scenarios that respond to various external influences:
• Scenario 1 – Steady Continued Increases in the Annual Number of People Experiencing Homelessness: Growth at the same level as the four years prior to 2019 PIT Count (on average 20% increase in new homelessness per year). To meet the needs of all households in the homelessness response system takes a very significantly increased response. • Scenario 2 – Dramatic Increase in the Number of People Experiencing Homelessness: New homelessness grows at an unprecedented rate (20% to 40%) in Year 1 of the model (2022) due
169
42 to the impacts of COVID-19 and as eviction moratoria are lifted, and then rates of inflow into homelessness continue as predicted in Scenario 1 (20% annual increase in years 2 and beyond).
Meeting this need takes an extraordinary level of response that is not likely to be achievable over a five-year period.
• Scenario 3 – Gradual Decrease in the Number of New People Experiencing Homelessness:
New homelessness experiences a similar increase to the past several years in Year 1 (2022) (a 20% increase in new homelessness), and then begins to decrease to a 10% increase in new homelessness in Year 2 (2023) and continues to decrease by -10% in Years 4 (2025) and 5 (2026). Meeting this need takes a significantly increased response including a focus on prevention, though the total resources needed are not as large as in Scenario 1 and Scenario 2.
The system modeling outputs for this Plan focus on Scenario 3 [see Appendix E. System Modeling 5- Year Dashboards for Adult and Family Households], as this scenario reflects the community’s understanding of the importance of making prevention resources available before people lose their housing and addressing homelessness before it starts whenever possible to reduce the rate of new homelessness. If new homelessness increases beyond the modeling predictions, the gap between what our existing system is able to offer and what is needed to serve all homeless households in our system will be greater, and more costly to fill.
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43 Appendix D. System Modeling 5-Year Dashboards for Adult and Family Households
The system modeling was conducted as two separate models, based on household types and different assumptions about likely pathways, and then brought together in a summarized form. Unless otherwise noted, the Home Together 2026 Community Plan presents the information in summary form covering both household types, adult only households and households with minor children.
The tables below show the initial system modeling by household type using the scenario which includes a modest projected decrease in new homelessness over 5 years and a significant increase in investment into the homelessness response system (resulting in an estimated 0% unmet need by Year 5). 45 Households with Adults Only
5-Year Inventory Needs, Households with Adults Only
Baseline
Inventory
(2021)
Year 1
(2022)
Year 2
(2023)
Year 3
(2024)
Year 4
(2025)
Year 5
(2026)
HP/Rapid Resolution 53 130 152 173 244 216
Crisis Response (ES, TH, SH) 1,648 2,562 3,221 2,964 1,652 1,253 Transitional Housing for
Youth
153 104 121 138 195 173
Rapid Re-Housing 427 1,120 1,305 1,488 2,100 1,857
Supportive Housing (PSH) 2,736 3,351 4,054 4,837 6,013 6,914 Supportive Housing (PSH)
for older/frail adults 0 521 1,086 1,691 2,532 3,194 Dedicated Affordable
Housing 0 1,459 3,085 4,869 7,359 9,411
Shallow Subsidies 0 677 1,432 2,260 3,416 4,368
Total Permanent Housing
Units Needed Annual 2,736 6,008 9,657 13,657 19,320 23,887 New Units Needed Each
Year 3,272 3,649 4,000 5,663 4,567
45 Source: Source: CA-502 System Model, Abt Associates, 1/20/22
171
44 5-Year Inventory Costs (operations only, not development), Households with Adults Only
Year 1
(2022)
Year 2
(2023)
Year 3
(2024)
Year 4
(2025)
Year 5
(2026)
5-Year Total
HP/Rapid Resolution $2,340,000 $2,818,080 $3,303,643 $4,799,257 $4,375,978 $17,636,958 Crisis Response (ES, TH, SH) $79,550,100 $103,012,412 $97,636,961 $56,050,994 $43,788,652 $380,039,119 Transitional Housing for
Youth
$3,796,000 $4,548,995 $5,343,753 $7,777,484 $7,107,025 $28,573,258 Rapid Re-Housing $24,920,000 $29,907,338 $35,124,277 $51,057,669 $46,504,054 $187,513,338 PSH $84,780,300 $105,643,186 $129,828,804 $166,235,357 $196,878,728 $683,366,375 PSH-Seniors $15,630,000 $33,557,400 $53,819,457 $83,003,543 $107,846,254 $293,856,654 Dedicated Affordable
Housing
$30,201,300 $65,775,285 $106,926,307 $166,456,524 $219,257,783 $588,617,200 Shallow Subsidy $6,770,000 $14,749,600 $23,976,340 $37,327,554 $49,162,225 $131,985,719 Total $247,987,700 $360,012,295 $455,959,543 $572,708,383 $674,920,700 $2,311,588,621
5-Year Investment Impact Dashboard, Households with Adults Only
Year 0
(2021)
Year 1
(2022)
Year 2
(2023)
Year 3
(2024)
Year 4
(2025)
Year 5
(2026)
Households Returning From Previous
year 21% 18% 15% 12% 9%
Increase in New Homelessness 20% 10% 0% -10% -10%
Number New Homeless 3,722 4,466 4,912 4,912 4,421 3,979 Annual HHs in the System 12,005 13,028 13,666 13,421 11,750 8,651 HHs Served in Pathways to Housing 4,358 5,213 6,068 6,923 7,778 8,633 Unmet Need 7,647 7,815 7,598 6,498 3,972 19
Unmet Need - Sheltered 2,605 3,799 3,249 1,986 9
Unmet Need - Unsheltered 6041 5,210 3,799 3,249 1,986 9 % Served in Pathways to Housing 36% 40% 44% 52% 66% 100% % Unmet Need 64% 60% 56% 48% 34% 0%
Households with Adults and Children
5-Year Inventory Needs, Households with Adults and Children
Baseline
Inventory
(2021)
Year 1
(2022)
Year 2
(2023)
Year 3
(2024)
Year 4
(2025)
Year 5
(2026)
HP/Rapid Resolution 3 9 11 12 13 15
Crisis Response (ES, TH, SH) 137 197 191 180 160 132
Rapid Re-Housing 108 56 64 72 79 87
PSH 479 435 444 456 473 493
Dedicated Affordable Housing 0 112 234 366 506 655 Shallow Subsidies 0 149 312 487 675 873
Total Permanent Housing Units Needed Annual 479 696 990 1,309 1,654 2,021 New Units Needed Each Year 217 294 319 345 367
172
45 5-Year Inventory Costs (Operations Only, Not Development), Households with Adults and Children
Year 1
(2022)
Year 2
(2023)
Year 3
(2024)
Year 4
(2025)
Year 5
(2026)
5-Year Total
HP/Rapid Resolution $162,000 $203,940 $229,154 $255,698 $303,887 $1,154,680 Crisis Response (ES, TH, SH) $6,116,850 $6,108,467 $5,929,370 $5,428,668 $4,613,010 $28,196,365 Rapid Re-Housing $1,246,000 $1,466,720 $1,699,562 $1,920,741 $2,178,704 $8,511,726 PSH $11,005,500 $11,570,196 $12,239,391 $13,076,555 $14,038,359 $61,930,001 Dedicated Affordable
Housing
$2,897,440 $6,235,187 $10,045,047 $14,304,037 $19,071,578 $52,553,289 Shallow Subsidies $2,279,700 $4,916,808 $7,904,872 $11,285,138 $15,033,309 $41,419,827 Total $23,707,490 $30,501,318 $38,047,396 $46,270,836 $55,238,847 $193,765,887
5-Year Investment Impact Dashboard, Households with Adults and Children
Year 0
(2021)
Year 1
(2022)
Year 2
(2023)
Year 3
(2024)
Year 4
(2025)
Year 5
(2026)
Households Returning From Previous
Year 8% 8% 8% 8% 8%
Increase in New Homelessness 20% 10% 0% -10% -10%
Number New Homeless 256 307 338 338 304 274
Annual HHs in the System 985 997 992 939 804 591
HHs Served in Pathways to Housing 321 373 425 477 529 581 Unmet Need 664 624 567 462 275 10
% Served in Pathways to Housing 33% 37% 43% 51% 66% 98% % Unmet Need 67% 63% 57% 49% 34% 2%
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46 Appendix E. Acknowledgements
We would like to acknowledge all of those who contributed to developing the Home Together 2026 Community Plan.
First and foremost, we acknowledge all of the people whose lives have been impacted by homelessness in Alameda County and beyond. The Home Together 2026 Community Plan is a critical step towards ending homelessness and its associated adverse impacts.
Stephanie Reinauer, Joyce MacAlpine and Kristy Greenwalt with Abt Associates, a HUD technical assistance provider, conducted the initial CRE needs analysis and provided support and guidance with updating the system modeling and Home Together 2026 planning.
The process for the original CRE report which this plan operationalizes was chaired by Mayor Libby Schaaf of Oakland, Alameda County Health Care Services Agency Director Colleen Chawla, and Doug Biggs, then Chair of the EveryOne Home CoC Committee. Abt Associates and Jessica Shimmin, then with EveryOne Home, prepared the initial modeling with support from many CoC and county partners.
The Racial Equity Analysis was initiated by Darlene Flynn of the Oakland Office of Racial Equity. Focus groups were spurred and supported by Susan Shelton, Alameda County Public Health staff members, and EveryOne Home. [Additional contributors to the CRE are listed in that report.] In the modeling update, Dashi Singham, Katie Haverly, Tirza White, Joanne Karchmer and Nisha Behrman all contributed significant time and thinking.
Kerry Abbott and Suzanne Warner with Alameda County’s Office of Homeless Care and Coordination (OHCC) provided critical leadership, vision and guidance on the development of this Plan. Aneeka Chaudhry and Colleen Chawla provided strategic direction and presented the draft plan to key stakeholders. Jennifer Lucky of OHCC managed the plan development process and organized most of the content and text, collaborated with EveryOne Home to convene the Strategic Planning Committee and managed the system model update. Martha Elias with OHCC Provided invaluable assistance in pulling and reviewing HMIS data. Katharine Gale, consultant, made important contributions to the modeling update and assisted with the development of the Plan. Shelagh Little provided valuable editing support. Jennifer Beals designed the final version.
The Home Together 2026 Strategic Planning Committee was co-chaired by Kerry Abbott of OHCC and Chelsea Andrews of EveryOne Home and met monthly between August and November 2021, and again in February 2022, to inform the Home Together 2026 Community Plan. The Committee included homelessness service providers, people with lived experience, Healthcare for the Homeless Community Advisory Board members, racial equity advisors, homelessness and housing advocates, Youth Action Board members, city and county staff, EveryOne Home staff, CoC leadership, and Abt Associates.
Members of the Strategic Planning Committee are as follows:
First Name Last Name Affiliation
Kerry Abbott Alameda County HCSA Office of Homeless Care and Coordination, Co-Chair
Jamie Almanza Bay Area Community Services (BACS)
Chelsea Andrews EveryOne Home, Co-Chair
Erin Armstrong Office of Alameda County Supervisor Nate Miley
174
47 First Name Last Name Affiliation
Gloria Bruce East Bay Housing Organizations (EBHO)
Sharon Cornu St. Mary’s Center
Ginny De Martini Office of Alameda County Supervisor Richard Valle Emile Durette Alameda County Social Services Agency
Cathy Eberhardt Race Equity Action Lab Participant
Darlene Flynn City of Oakland
Donald Frazier Building Opportunities for Self-Sufficiency Sabrina Fuentes Health for the Homeless Community Advisory Board Nashi Gunasekara Family Violence Law Center
Katie Haverly EveryOne Home
Melissa Hernandez Office of Alameda County Supervisor David Haubert Arlene Hipp EveryOne Home Emerging Leaders Program
Emma Ishii Office of Alameda County Supervisor Keith Carson Jessica Lobedan City of Hayward
Ramiro Montoya East Bay Housing Organizations (EBHO)
Hanna Moore ALL IN Alameda County
Tunisia Owens Family Violence Law Center
Natasha Paddock Alameda County Community Development Agency, Housing and Community Development Department
Fina Perez Alameda County Department of Probation
Tara Reed Abt Associates
Jonathan Russell Bay Area Community Services (BACS)
Jared Savas Office of Alameda County Supervisor Dave Brown Susan Shelton EveryOne Home Leadership Board
Lara Tannenbaum City of Oakland
James Vann Homeless Action Working Group (HAWG)
Liz Varela Building Futures with Women and Children
Vivian Wan Abode Services
Many people took the time to read the draft plan, which was posted and circulated widely for public comment, and provide thoughtful feedback and suggestions. The final version reflects many of these suggestions and others will be used in the creation of local implementation plans, annual updates and other communications stemming from the Plan’s adoption.
The Health Care Services Agency team invited all county Mayors to meet and discuss the plan and received important feedback in these sessions. The City County Technical Working Group, made up of City Manager staff, city Homelessness Policy leads, and county staff from OHCC, HCD, and Supervisors’ staff, met regularly to develop a shared framework for resource allocation under the plan and presented the plan and the allocation framework to joint sessions of the Board of Supervisors and the county’s Mayors. These joint sessions were noticed public meetings.
175
48 Thank you to the countless other CoC partners in Alameda County for their contributions to the Home Together 2026 Community Plan, and for their dedication and tireless work towards ending homelessness in Alameda County.
176
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 26, 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 26, 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 $10,914,400.
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 PROJECT Fund Source Amount
Recruitments for HR
Director and IT Director
011 General Fund $80,000
Ohlone Park (East)
Playground Replacement
and Site Improvements
138
511
Parks Tax
Measure T1 –
Infrastructure and
Facilities
$834,400
On-Call Architectural
Services for City Facilities
TBD (on-call
contract)
T1, Parks Tax,
General Fund
TBD $10,000,000
Total: $10,914,400
177
Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council April 26, 2022 Approval on April 26, 2022
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 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 26, 2022
a. Recruitments for HR Director and IT Director
b. Ohlone Park (East) Playground Replacement and Site Improvements c. On-Call Architectural Services for City Facilities
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.
178
NEXT 30 DAYS
DATE SUBMITTED: April 26, 2022
Attachment 1
1 of 2
SPECIFICATI
ON NO.
DESCRIPTION
OF GOODS /
SERVICES
BEING
PURCHASED
APPROX.
RELEASE
DATE
APPROX.
BID
OPENING
DATE
INTENDED USE ESTIMATED COST BUDGET CODE TO BE
CHARGED
DEPT. /
DIVISION
CONTACT
NAME &
PHONE
22-11517-C Recruitments for
HR Director and
IT Director
4/27/2022 5/26/2022 Professional Executive
Recruitment Services
$80,000
($40K, per recruitment)
011-21-201-000-0000-000-
412-612990-
HR Donald Ellison
981-6807
Dept TOTAL $80,000
22-11518-C Ohlone Park
(East)
Playground
Replacement
and Site
Improvements
8/1/2022 8/1/23/22 Playground renovations,
drainage, irrigation, ADA,
and sitework
improvements, new
garden, and related
improvements.
Total $834,400
FY22
Parks Tax- $334,400
FY23
Measure T1-
$400,000
FY24
Measure T1-
$100,000
138-52-545-000-0000-000-
461-663110-PRWPK20003:
$334,400
511-52-545-000-0000-000-
461-663110-PRWPK20003:
$500,000
Parks,
Recreation, &
Waterfront /
Capital Projects
Evelyn Chan
981-6430
Stacey
Rutherford
981-6738
Dept TOTAL $834,400
22-11519-C On-Call
Architectural
Services for City
Facilities
6/1/2022 7/31/2022 Archtectural services for
upcoming City T1 projects
3-year term for each
contract.
$10,000,000 TBD (on-call contract)
T1, Parks Tax, General Fund
PW/ PRW Elmar Kapfer
981-9391
Evelyn Chan
981-6430
Dept TOTAL $10,000,000
TOTAL $10,914,400
179
180
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 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Abraham Roman, Fire Chief
Subject: Contract: Fire Aside for Defensible Space Inspection Software
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Fire Aside (Contractor) to provide a mobile vegetation inspection software solution for the Fire Department (Department) from May 18, 2022 to May 17, 2024 in an amount not to exceed $60,000 with an option to extend for an additional four years, for a total contract amount not to exceed $160,000.
FISCAL IMPACTS OF RECOMMENDATION
The term of this contract is from May 18, 2022 to May 17, 2024 in the amount of $70,000 for the base term, which includes a $20,000 one-time configuration and development fee and an annual $25,000 subscription and maintenance fee. There is an option to extend for four additional years at the $25,000 annual fee for a total term of six years. Funding is budgeted in 164-72-745-000-0000-000-422-612990 (Measure FF).
CURRENT SITUATION AND ITS EFFECTS
The Department is working diligently to expand and meet the community need and expectation for comprehensive vegetation management inspections in all of the Very High Fire Severity Zone 2 and 3 properties. This new mandate equates to an 83% (+7,184) increase in inspections from previous years. The Department’s current inspection software and the other leading fire inspection software available is not capable of meeting the business and operational needs of the Department.
Furthermore, Fire Aside offers features that no other known software provider offers that will greatly improve communication between the City and homeowners and result in higher compliance with post inspection instructions.
BACKGROUND
Fire Aside is a Northern California business that has developed a unique mobile vegetation inspection software called Defensible Space Inspections (DSI) that helps fire agencies connect with the community & increase resistance to, and resilience from wildfire. DSI has created a user-friendly interface, resident friendly reports that enhance resident engagement, an automated reporting tool that provides recommendations to residents in a simple, easy to follow guide following an inspection and a powerful
181
Contract: Fire Aside for Defensible Space Inspection Software CONSENT CALENDAR April 26, 2022
backend database that fire agencies can use to understand the built environment and the particular risk profile it creates for wildland fire spread. All of this helps the community increase its defensible space and create more hardened (wildfire resistant) homes. In more detail, DSI:
Dramatically improves the collection activities for defensible space inspectors. It offers a single platform that is unique in gathering home hardening characteristics of homes and allows inspectors to add detailed attributes including GPS location and photo documentation to enhance the homeowners understanding of the suggested improvements or identified problems. Following an inspection, residents receive a customized and prioritized home hardening and defensible space checklist that is automatically produced and shared with the property owner. This guide coaches a resident on where to focus efforts to improve their resilience to wildfire.
Is the only service with integration to multiple 3rd party systems including ZoneHaven (Alameda County-adopted evacuation software), Chipperday (community chipping), and others.
Is the only service that provides analytics on resident interactions and issue remediation behavior.
DSI is the first and only technology available that ensures the resident is supported from pre-inspection through abatement of hazards. The Department has met with other major providers of fire prevention inspection software and discovered that all of them are built for the inspection of structures – which is completely different than the vegetation management inspections that the City is mandated to perform. Fire Aside is the only provider that offers a program with the features and capability listed above.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the action requested in this report.
RATIONALE FOR RECOMMENDATION
The City conducted an industry survey of available products and concluded that Fire Aside offers a unique solution that aligns with the emergent need of the City to create more defensible space and hardened homes in the City’s wildland urban interface areas.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Abraham Roman, Fire Chief, (510) 981-3473
182
Contract: Fire Aside for Defensible Space Inspection Software CONSENT CALENDAR April 26, 2022
Attachments:
1. Resolution
183
RESOLUTION NO. ##,###-N.S.
Contract: Fire Aside for Defensible Space Inspection Software WHEREAS, the Department is working diligently to expand and meet the community need and expectation for comprehensive vegetation management inspections in all of the Very High Fire Severity Zone 2 and 3 properties, and WHEREAS, this new mandate equates to an 83% (+7,184) increase in inspections from previous years, and
WHEREAS, Fire Aside offers features that no other known software provider offers that will greatly improve communication between the City and homeowners and result in higher compliance with post inspection instructions.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Fire Aside to provide a mobile vegetation inspection software solution for the Fire Department from May 18, 2022 to May 17, 2024 in an amount not to exceed $60,000 with an option to extend for an additional four years, for a total contract amount not to exceed $160,000.
184
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 26, 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: Commission Reorganization for Post-COVID-19 Budget Recovery:
Community Health Commission
RECOMMENDATION
Adopt the first reading of an Ordinance to revise Municipal Code Sections 3.76.010 and
3.76.040 which establishes the Community Health Commission in order to change Commission membership to include nine (9) people and consolidate the functions of the Commission from ten overlapping and redundant functions to a more concise four functions.
FISCAL IMPACTS OF RECOMMENDATION
Reducing the number of commissioners of the Community Health Commission from 18 to nine members would create a commission structure that is parallel to nearly all other commissions in the City, and would increase efficiencies and decrease staffing costs.
CURRENT SITUATION AND ITS EFFECTS
This report responds to City’s Council’s response on January 18, 2022 to referral #PRJ0032146 that originally appeared on the June 15, 2021 Special Council meeting agenda, authored by Councilmember Lori Droste and co-sponsored by Councilmember Rigel Robinson, Councilmember Rashi Kesarwani, and Mayor Jesse Arreguin.
At the January 18, 2022 Council meeting, Council members voted to take no action to combine the Sugar-Sweetened Beverage Product Panel of Experts Commission and the Community Health Commission, and requested staff return with recommendations on how to increase efficiency and reduce costs associated with City staff support of the Community Health Commission.
The Community Health Commission was established based on enabling language from the California Health and Safety Code, Sections 321.7 and 320. California Code of Regulations Title 17, Section 6820 required the City to have an “advisory board” that meets at least twice a year for the purposes of “reviewing, advising and reporting functions related to the community child health and disability prevention program as specified in Section 321.7, Health and Safety Code.” Senate Bill 464 referenced the
185
Commission Reorganization for Post-COVID-19 Budget Recovery CONSENT CALENDAR Community Health Commission April 26, 2022
California Health and Safety Code section 320.5 language stipulated a minimum of 13 voting members that “reflect the ethnic and geographic diversity of the State of California.” With the elimination of the California Health and Safety Code, Sections 321.7 and 320, the Council requested that staff submit a recommendation to reassess the composition of the Commission and the frequency in which it meets in an effort to adjust to the evolution of the needs of the Berkeley community, increase efficiencies, and reduce costs for the support the Community Health Commission. Recognizing that civic engagement and commission work play an essential role in Berkeley, this recommendation retains the commission’s functions, but centers on overall community benefit, staff productivity, and associated costs.
Considering the commission reorganization is a Strategic Plan Priority Project, advancing our goal to provide an efficient and financially-healthy City government. The stated recommendation would still allow for addressing health equity impacts as intended through the Community Health Commission, increase efficiencies, and reduce City costs in supporting commissions.
BACKGROUND
The Community Health Commission established in B.M.C. Section 3.76.010 currently consists of 18 members who have diverse backgrounds and a deep understanding of the social determinants of health equity; through lived experience, and/or through professional expertise to promote health equity through the following summarized activities:
Advising, reviewing, analyzing, and reporting back to City Council on matters pertaining to achieving health equity in Berkeley, including policies or proposals under consideration by Council;
Contributing to priority-setting and strategic planning efforts in the City as they relate to health equity;
Hear presentations at Commission meetings by appropriate experts, to provide pertinent information on matters affecting the health and safety of Berkeley residents, including from community groups concerned with health equity; and Perform other such functions and duties as may be directed by the City Council or by ordinance to promote health equity.
This B.M.C. language was based from obsolete language from the California Health and Safety Code which had been eliminated. The City has the flexibility to alter the number of commission members to nine members and refine the functions of the commission to more concise language, while still being able to adequately meet the existing functions of the commission.
186
Commission Reorganization for Post-COVID-19 Budget Recovery CONSENT CALENDAR Community Health Commission April 26, 2022
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no significant environmental sustainability and climate impacts associated directly with the subject matter of this report. However, reducing the total number of commissioners and meetings is likely to incrementally reduce paper and energy usage.
RATIONALE FOR RECOMMENDATION
Careful and thoughtful deliberation on the complex types of issues that come before the Community Health Commission is difficult to do with an eighteen-member commission.
A relatively large group of ten Commissioners is required to even meet the quorum requirements to hold a meeting. The smaller group will allow for more creative and collaborative opportunities. Additionally, the vast majority of City Commissions have nine Commissions. The reduction of the number of Community Health Commission members would not impact the intention, priorities, or activities of the Commission and it would also improve efficiencies while reducing support costs.
ALTERNATIVE ACTIONS CONSIDERED
The City could eliminate the Community Health Commission entirely and achieve its goals through other community advisory bodies. This would also increase efficiencies, and reduce City costs in supporting commissions.
The Council can reduce the number of commissioners to 9 members and keep the existing language for the functions of the commission intact.
The Council can also choose to keep the Community Health Commission at an 18- member Commission and maintain the same level of staff support. The Council previously decided not to merge this commission with the Sugar Sweetened Beverage Product Panel of Experts.
CONTACT PERSON
Lisa Warhuus, Director, Health, Housing, and Community Services, 510-981-5400 Attachments:
1: Ordinance – with track changes
2: Ordinance – clean copy
187
ORDINANCE NO. -N.S.
AMENDING BERKELEY MUNICIPAL CODE (BMC) SECTION 3.76.010 AND SECTION 3.73.040 ESTABLISHMENT OF COMMUNITY HAALTH COMMISSION BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That Berkeley Municipal Code Section 3.76.010 is hereby rescinded and replaced in its entirety as follows:
3.76.010 Establishment of Community Health Commission.
There is hereby established a Community Health Commission. The commission shall consist of eighteen members selected by the City Council in accordance with the Fair Representation Ordinance, Berkeley Municipal Code Sections 2.04.030 through 2.04.130. Appointments to the commission shall honor the mission of achieving health equity by appointing members who have a deep understanding of the social determinants of health equity, through lived experience and/or through professional expertise.
A. Commissioners should include representatives of as many of the following as possible:
1. Communities most affected by health inequities;
2. Community organizers;
3. Community agency representatives;
4. Health care providers;
a) Licensed clinicians such as nurses, physicians, etc.; b) Non-licensed providers (community health workers, health navigators, etc.;
5. Behavioral health care providers;
6. Educators;
7. College Students;
8. Youth serving organizations.
B. Diversity: Commissioners should include people of varying race/ethnicity, gender, age, income, class and ability. (Ord. 7520-NS § 1 (part), 2016: Ord. 6236- NS § 1, 1994: Ord. 6147-NS § 1, 1992: Ord. 6010-NS § 1, 1990) Section 2. That Berkeley Municipal Code section 3.76.040 is amended to read as follows:
3.76.040 Functions of the commission.
A. The function of the commission shall be as follows:
1. Advise City Council on matters pertaining to achieving health equity in Berkeley;
1. Advising, reviewing, analyzing, and reporting back to City Council on matters pertaining to achieving health equity in Berkeley, including policies or proposals under consideration by Council;
2. Review, analyze, and report back to City Council on matters affecting the health and safety of Berkeley residents, with particular attention to differential
188
impact on particular communities or populations;
3.2. Advise Council of potential health equity impacts of policies or proposals under consideration by Council;
4.3. Contribute to priority-setting and strategic planning efforts in the City as they relate to health equity;
5. Consider issues impacting the health and safety of Berkeley residents referred to the Commission by City Council, by Commissioner, by another City commission, by members of the public or recommended by City staff;
6. Advise City Council on health equity impacts of proposed policies and initiatives within the Public Health Division, the Department of Health, Housing and Community Services, and other City Departments;
7.4. Hear presentations, at regularly scheduled commission meetings, by appropriate experts, including community residents and community groups, to provide pertinent information on matters affecting the health and safety of Berkeley residents, including from community groups concerned with health equity;
8. Provide City Council with information about health and safety issues in Berkeley, with particular attention to health equity and disproportionately affected populations;
9.5. Perform such other functions and duties as may be directed by the City Council or prescribed or authorized by any ordinance of the City, and such other functions and duties not prohibited by City Council which the commission should decide are consistent with its overall function of promoting health equity.
B. In prescribing the above duties and functions of the commission, it is not the intent of the council to duplicate or overlap the functions, duties, or responsibilities heretofore or hereafter assigned to any other City board or commission or to a City department. As to such functions or responsibilities above set forth which are partially or wholly the responsibilities of another board or commission or of a department of the City, the commission will render such assistance and advice to such board, commission or department as may be requested. (Ord. 7520-NS § 1 (part), 2016: Ord. 6010-NS § 4, 1990)
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.
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ORDINANCE NO. -N.S.
AMENDING BERKELEY MUNICIPAL CODE (BMC) SECTION 3.76.010 AND SECTION 3.73.040 ESTABLISHMENT OF COMMUNITY HAALTH COMMISSION BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That Berkeley Municipal Code Section 3.76.010 is hereby rescinded and replaced in its entirety as follows:
3.76.010 Establishment of Community Health Commission.
There is hereby established a Community Health Commission. The commission shall consist of members selected by the City Council in accordance with the Fair Representation Ordinance, Berkeley Municipal Code Sections 2.04.030 through
2.04.130. Appointments to the commission shall honor the mission of achieving health equity by appointing members who have a deep understanding of the social determinants of health equity, through lived experience and/or through professional expertise.
A. Commissioners should include representatives of as many of the following as possible:
1. Communities most affected by health inequities;
2. Community organizers;
3. Community agency representatives;
4. Health care providers;
a) Licensed clinicians such as nurses, physicians, etc.; b) Non-licensed providers (community health workers, health navigators, etc.;
5. Behavioral health care providers;
6. Educators;
7. College Students;
8. Youth serving organizations.
B. Diversity: Commissioners should include people of varying race/ethnicity, gender, age, income, class and ability. (Ord. 7520-NS § 1 (part), 2016: Ord. 6236- NS § 1, 1994: Ord. 6147-NS § 1, 1992: Ord. 6010-NS § 1, 1990) Section 2. That Berkeley Municipal Code section 3.76.040 is amended to read as follows:
3.76.040 Functions of the commission.
A. The function of the commission shall be as follows:
1. Advising, reviewing, analyzing, and reporting back to City Council on matters pertaining to achieving health equity in Berkeley, including policies or proposals under consideration by Council;
2. Advise Council of potential health equity impacts of policies or proposals under consideration by Council;
3. Contribute to priority-setting and strategic planning efforts in the City as they relate to health equity;
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4. Hear presentations, at regularly scheduled commission meetings, by appropriate experts, including community residents and community groups, to provide pertinent information on matters affecting the health and safety of Berkeley residents, including from community groups concerned with health equity;
5. Perform such other functions and duties as may be directed by the City Council or prescribed or authorized by any ordinance of the City, and such other functions and duties not prohibited by City Council which the commission should decide are consistent with its overall function of promoting health equity.
B. In prescribing the above duties and functions of the commission, it is not the intent of the council to duplicate or overlap the functions, duties, or responsibilities heretofore or hereafter assigned to any other City board or commission or to a City department. As to such functions or responsibilities above set forth which are partially or wholly the responsibilities of another board or commission or of a department of the City, the commission will render such assistance and advice to such board, commission or department as may be requested. (Ord. 7520-NS § 1 (part), 2016: Ord. 6010-NS § 4, 1990)
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.
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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
CCONSENT CALENDAR
April 26, 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: Contract No. 110062 Amendment: Pacific Site Management
RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 110062 with Pacific Site Management, increasing the total contract amount by $76,648 for a total contract amount not to exceed $432,470, and extending the term to June 30, 2023 for landscaping services at Public Health Division, Aging Services Division, and Mental Health Division facilities.
FISCAL IMPACTS OF RECOMMENDATION
The original amended contract is currently in the amount of $355,822 NTE and the amendment will increase the limit by $76,648 for a total not to exceed of $432,470 and extend the term end date to June 30, 2023. The additional $76,648 will be funded by:
Program Amount ERMA GL Account
Public Health Division -
Healthy Berkeley (SSB)
Program
$23,000 011-51-506-559-2051-000-451-612990
(FY22)
Aging Services Division -
South Berkeley Service
Center
$6,213 011-51-505-544-0000-000-444-612990(FY23)
$4,480 011-51-505-541-0000-000-444-612990
(FY22)
Aging Services Division -
North Berkeley Service
Center
$13,440 011-51-505-541-0000-000-444-612990
(FY23)
Aging Services Division –
West Berkeley Service Center
3,384 011-51-505-547-0000-000-444-612990-
(FY22)
Mental Health Division - 2640
MLK
$8,041 011-51-503-520-0000-000-451-624110
(FY22)
Public Health Division – 830
University and West Berkeley
Service Center
$18,090 011-51-506-561-0000-000-451-624110
(FY22)
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Contract No. 110062 Amendment: Pacific Site Management CCONSENT CALENDAR April 26, 2022
The FY 2022 funds for the contract amendment are currently in the budget. FY 2023 funds that are proposed to be used are subject to Council approval of the FY 2023 Annual Appropriations Ordinance.
CURRENT SITUATION AND ITS EFFECTS
Contracting with Pacific Site Management for landscape services is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities. Pacific Site Management currently provides landscaping management services at a number of sites for the Divisions under the Department of Health, Housing, and Community Services and will continue those services under this contract.
BACKGROUND
Pacific Site Management is a long-standing landscaping business with many years of experience providing landscape maintenance services, including at a number of City of Berkeley sites. They have consistently provided satisfactory services at all of the Health, Housing, and Community Services (HHCS) sites.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Native plants are planned for the outdoor courtyard to minimize environmental impacts as well as minimize ongoing maintenance needs.
RATIONALE FOR RECOMMENDATION
Pacific Site Management was selected through a competitive bid process and has been providing landscaping services for a number Health, Housing, and Community Services facilities. This vendor is familiar with the facilities, its services, site needs, and City guidelines that would allow work to begin immediately.
ALTERNATIVE ACTIONS CONSIDERED
The City could opt to not continue landscaping services at the HHCS sites. That action would be inconsistent with the City’s responsibilities to upkeep facility grounds, and is not recommended.
CONTACT PERSON
Janice Chin, Public Health Division Manager, HHCS, (510) 981-5212 Attachments:
1: Resolution
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RESOLUTION NO. ##,###-N.S.
CONTRACT NO. 110062 AMENDMENT: PACIFIC SITE MANAGEMENT
WHEREAS, the Health, Housing, and Community Services Department is responsible for providing a professional, safe and environmentally friendly landscape at the City of Berkeley Senior Centers, the West Berkeley, Service Center, the Berkeley Mental Health Clinic and the Ann Chandler Public Health Center; and
WHEREAS, on April 17, 2014, three proposals were submitted and a review panel determined that D&H Landscaping best matched the selection criteria; and
WHEREAS, on July 1, 2014, Contract 9709 was previously executed; and WHEREAS, on April 1, 2016, D&H Landscaping was acquired by Pacific Site Management; and
WHEREAS on August 23, 2017, Contract 9709C was executed to assign the contract to Pacific Site Management to add services to the new Mental Health Clinic on Alcatraz; and WHEREAS, City and Contractor previously entered into Contract Number #9709D, dated, May 13 2018, which Contract was authorized by the Berkeley City Council not to exceed $209,518 by Resolution No. 68,347 - N.S.; and
WHEREAS, on November 29, 2018, the City of Berkeley amended Contract No. 110062 (Contract Number #9709D) with Pacific Site Management for landscaping services to extend the contract period to June 30, 2021; and
WHEREAS, City and Contractor previously entered into Contract Number 110062 dated, June 1, 2021, which Contract was authorized by the Berkeley City Council not to exceed $355,822 by Resolution No. 69,835 - N.S.; and
WHEREAS, it is beneficial for the City to enter into an agreement with a Bay-Friendly certified landscaper as it directly supports the City’s environmental sustainability goals; and
WHEREAS, funds are available to perform this work in the current year budget in the ERMA GL Account 011-51-506-559-2051-000-451-612990 in FY2022 ($23,000) and 011-51-506-561-0000-000-451-624110 in FY2022 ($18,090) for Public Health, 011-51- 503-520-0000-000-451-624110 in FY022 ($8,041) for Mental Health, 011-51-505-544- 0000-000-444-612990 in FY 2023 ($6,213), 011-51-505-541-0000-000-444-612990 in FY2022 (4,480), 011-51-505-541-0000-000-444-612990 in FY 2023 ($13,440), and 011-51-505-547-0000-000-444-612990- ($3,384) for Aging Services, and this contract amendment has been entered into the Citywide contract database and assigned.
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NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to execute an amendment to Contract No. 110062 with Pacific Site Management to increase the total contract amount by $76,648 for a total contract amount not to exceed $432,470 for the period of March 1, 2020 to June 30, 2023 for the purpose of funding landscaping services. A record signature copy of said contract and amendments to be on file in the City Clerk Department.
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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
CONSENT CALENDAR
April 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, PhD, Director of Health, Housing & Community Services Subject: Contract No. 31900203 Amendment: Resource Development Associates for Crisis Assessment and Triage Line Evaluation
RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900203 with Resource Development Associates for evaluation consulting services, extending the term through June 30, 2023 and increasing the contract by $19,350 for a total amount not to exceed $82,350.
FISCAL IMPACTS OF RECOMMENDATION
Funds for the additional scope of work in the amount of $19,350 will be provided from One-Time Grant: No Capital Expenditures budget code 336-51-503-521-2007-000-451- 612990-. Funding will be included in the Second Annual Appropriations Ordinance.
CURRENT SITUATION AND ITS EFFECTS
RDA was selected as part of a competitive Request for Proposals (RFP) process to provide consulting services in the evaluation of the Crisis, Assessment, and Triage (CAT) line, a grant-funded project. The grant period was extended by the funder, creating a need to extend the evaluation period to June 30, 2023. The amended contract will cover data collection and analysis, report development, client meetings and communications, and project management and internal meetings. This amendment will add approximately 139 hours to the project scope, and the costs will be fully covered by the grant.
BACKGROUND
The City’s Mental Health Division was awarded a grant by California’s Mental Health Services Oversight and Accountability Commission (MHSOAC) to pilot a CAT hotline for residents of Berkeley and Albany. The purpose of the hotline is to allow community members to connect to mental health professionals without involving the Police Department first, and to allow staff to assess and triage callers as necessary to provide the most appropriate level of service.
197
Contract No. 31900203 Amendment: RDA for CAT Line Evaluation CONSENT CALENDAR April 26, 2022
Previously, anyone experiencing a crisis had to call the Police Department non- emergency number to request a visit from Mental Health’s Mobile Crisis Team, accompanied by police. This pilot project, fully-funded by the grant, allows community members to contact mental health staff directly by phone in order to explore all options available to them based on their needs. RDA has been evaluating the pilot project to identify areas which can be improved and provide ongoing training and technical assistance. The grant period was extended by the funder and has led to the need to amend the contract. The grant will cover the cost of this contract amendment.
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
RDA was selected as the vendor for evaluation of the adult CAT line via a competitive RFP process, and have successfully provided this service throughout the life of the grant. In order to complete the evaluation with the extended grant period, it is necessary to amend their contract.
ALTERNATIVE ACTIONS CONSIDERED
As an alternative action, Council could direct staff to circulate a new RFI or formal Request for Proposals (RFP) to competitively solicit a different vendor. Because RDA’s performance on the contract has been good so far, and because bringing on a different vendor would necessitate duplicative start-up work, staff are not recommending this approach.
CONTACT PERSON
Conor Murphy, Assistant Management Analyst, HHCS, (510) 981-7611 Steven Grolnic-McClurg, Manager of Mental Health Services, HHCS, (510) 981-5249 Attachments:
1: Resolution
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RESOLUTION NO. ##,###-N.S.
CONTRACT NO. 31900203 AMENDMENT: RESOURCE DEVELOPMENT
ASSOCIATES FOR CRISIS ASSESSMENT AND TRIAGE LINE EVALUATION WHEREAS, the City’s Mental Health Division secured a grant from the Mental Health Services Oversight and Accountability Commission for a Crisis, Assessment, and Triage (CAT) line so community members can contact mental health staff directly by phone to determine their level of need; and
WHEREAS, the CAT line will serve both adults and youth, both groups having their own distinct needs and expectations; and
WHEREAS, Resource Development Associates (RDA) was selected via a competitive Request for Proposals process as the vendor for evaluation consulting services for this project; and
WHEREAS, the Mental Health Division would like to amend the contract with RDA to add funding and extend the contract term.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to execute an amendment to Contract No. 31900203 with Resource Development Associates for evaluation consulting services, extending the term through June 30, 2023 and increasing the contract by $19,350 for a total amount not to exceed $82,350. A record signature copy of said contract and any amendments to be on file in the City Clerk Department.
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200
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 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation Waterfront Subject: Grant Application: The Surrendered and Abandoned Vessel Exchange (SAVE) grant program of the California Division of Boating & Waterways
RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to: 1) apply for and accept a grant in the amount of $60,000 from the California Division of Boating & Waterways (“DBW”) Surrendered and Abandoned Vessel Exchange (SAVE) grant program for the removal and disposal of anticipated abandoned vessels located at the Berkeley Marina; 2) Execute any amendments; and 3) Authorize a local match contribution of $6,000.
FISCAL IMPACTS OF RECOMMENDATION
The cost to remove and dispose of abandoned and derelict vessels at the Berkeley Marina through FY 2025 is estimated at $66,000. The Parks, Recreation, and Waterfront Department will submit a grant application to the Division of Boating and Waterways SAVE grant program in the amount of $60,000 for this work, and will allocate a required minimum 10% local match, equivalent to $6,000. The local match will be appropriated as part of the Second Amendment to the FY 2022 Annual Appropriations Ordinance in the Marina Fund, account code 608-52-544-592-0000-000- 472-612990. If awarded, the grant will be deposited in the Boating and Waterways Fund (Fund 607).
CURRENT SITUATION AND ITS EFFECTS
Each year, approximately eight (8) vessels are abandoned by their owners at the Berkeley Marina because they lack funds to repair the vessels or they lack funds to pay for their dockage fees. This number is expected to increase due to financial hardships of the Covid-19 pandemic. Due to the age and neglect of the vessels, they have no value, are not sea-worthy, and are likely to sink. These vessels occupy slips in the Berkeley Marina that could otherwise be used to generate dockage revenue for the City, and these vessels are a visual blight on our Marina and harm our reputation. This new round of funding will enable us to keep our docks clear of derelict vessels in the coming year, and build upon the progress we make in removing derelict vessels via previous SAVE Grants.
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Grant Application: the Surrendered and Abandoned Vessel Exchange (SAVE) CONSENT CALENDAR grant program of the California Division of Boating & Waterways April 26, 2022
BACKGROUND
Responsibility for derelict and abandoned vessels often falls on public agencies. In 2020, the Berkeley Marina was awarded a SAVE grant for $130,000 and has contracted with Lind Marine to remove approximately 20 abandoned vessels. In late 2020 the Berkeley Marina was awarded another SAVE grant for $42,000. In late 2021 the Berkeley Marina was awarded another SAVE grant for $42,000. For the past 20 years, the Division of Boating and Waterways has provided grant funding assistance to public agencies throughout California, including the City of Berkeley, to properly remove, store, and dispose of abandoned, wrecked, or dismantled vessels or any other partially submerged objects that pose a substantial hazard to navigation, from navigable waterways or adjacent public property, or private property with the landowner’s consent.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE CHANGE
Derelict, abandoned, and sunken vessels pose a navigational and environmental hazard to the waters of the Bay (e.g., they can leak oil fuel, oil coolant, paints and solvents, sanitary waste, etc.) Removal and proper disposal of these vessels helps improve the health of the Bay waters.
RATIONALE FOR RECOMMENDATION
The Parks, Recreation, and Waterfront Department has the primary responsibility for removing derelict and abandoned vessels from local waters. By applying for SAVE grants, the City is able to substantially leverage our existing funding for these projects, and safely remove potential environmental and navigational hazards from our waters.
The swift removal of derelict vessels from our Marina, and preventing the accumulation of such vessels on our docks will improve the attractiveness of the Berkeley Marina to existing and prospective slip holders.
CONTACT PERSON
Alexandra Endress, Waterfront Manager, 981-6737
Sean Crothers, Waterfront Supervisor, 981-6744
Attachments:
1: Resolution
202
RESOLUTION NO. ##,###-N.S.
GRANT APPLICATION: SURRENDERED AND ABANDONED VESSEL EXCHANGE (SAVE) GRANT PROGRAM OF THE STATE DIVISION OF BOATING AND
WATERWAYS
WHEREAS, each year, approximately eight (8) vessels are abandoned by their owners at the Berkeley Marina because they lack funds to repair the vessels or they lack funds to pay for their dockage fees. This number is expected to increase due to financial hardships of the Covid-19 pandemic. Due to the age and neglect of the vessels, they have no value, are not sea-worthy, and are likely to sink. These vessels occupy slips in the Berkeley Marina that could otherwise be used to generate dockage revenue for the City, and these vessels are a visual blight on our Marina and harm our reputation; and WHEREAS, responsibility for abandoned vessels, unfortunately, often falls on public agencies. For the past 20 years, the Division of Boating and Waterways has provided grants to public agencies, including the City of Berkeley, to remove, store, and dispose of abandoned, wrecked, or dismantled water vessels or any other partially submerged objects that pose a substantial hazard to navigation, from navigable waterways or adjacent public property, or private property with the landowner's consent; and WHEREAS, the Parks, Recreation and Waterfront Department has the primary responsibility for removing derelict and abandoned vessels from local waters. By applying for SAVE grants, the City is able to substantially leverage our existing funding for these projects, and safely remove potential environmental and navigational hazards from our waters; and
WHEREAS, the cost to remove and dispose of eight (8) abandoned and derelict vessels at the Berkeley Marina in FY2022 is estimated at $66,000. The Parks, Recreation and Waterfront Department will apply for $60,000 from the DBW SAVE grant program to remove these vessels, and must provide a minimum match of 10% (equal to $6,000).
The match funds will be included in the Second Amendment to the FY2023 Annual Appropriations Ordinance from the Marina Fund 608-52-544-592-0000-000-472- 612990. If awarded, the grant will be deposited in the Boating and Waterways Fund (Fund 607).
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to 1) submit a grant application to the California Division of Boating and Waterways 2022 SAVE grant program for $60,000; 2) accept any grants; 3) execute any resulting grant agreements and any amendments; and the City Council authorizes the implementation of the projects and appropriation of funding for related expenses, including $6,000 in local match from the Marina Fund, subject to securing the grant. A record signature copy of said agreements and any amendments to be on file in the Office of the City Clerk.
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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
CONSENT CALENDAR
April 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Department of Planning and Development Subject: Contracts: Association for Energy Affordability, BlocPower, Ecology Center, Northern California Land Trust, and Waterside Workshops for Climate Equity Fund Pilot Programs
RECOMMENDATION
Adopt five Resolutions authorizing the City Manager to award contracts and execute any amendments, extensions, or change orders with: 1) Association for Energy Affordability in an amount not to exceed $83,334; 2) BlocPower in an amount not to exceed $83,333; 3) the Ecology Center in an amount not to exceed $100,000; 4) Northern California Land Trust in an amount not to exceed $83,333; and 5) Waterside Workshops in an amount not to exceed $250,000; to develop Climate Equity Fund Pilot Programs, for a cumulative amount of all contracts not to exceed $600,000, for the period of May 1, 2022 to May 31, 2024.
FISCAL IMPACTS OF RECOMMENDATION
The $600,000 in project funds for these contracts is being appropriated as part of the Second Amendment to the FY 2022 Annual Appropriations Ordinance and will be put into the Climate Equity Action Fund, in budget code 017-53-583-611-0000-000-441- 612990. The amount requested per contract is a not-to-exceed (NTE) amount, which is expected to last for twenty-five months.
CURRENT SITUATION AND ITS EFFECTS
On December 3, 2021, the City of Berkeley released a Request for Proposals (RFP Specification No. 22-11488-C) for projects that support building and transportation electrification programs and provide climate and resilience benefits to low-income Berkeley residents. The RFP included three program areas: Program Area #1: Resilient Home Retrofits, Program Area #2: Electric Mobility Access Pilot, and Program Area #3:
Community Access to Resilience Measures and Electrification Engagement Pilot.
The City received valid proposals from seven organizations for this solicitation. Staff reviewed and assessed the proposals according to the selection criteria in the RFP, including the organization’s capacity and qualifications, project feasibility, community engagement, community benefits, proposed scope and whether they are a local vendor.
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Contracts for Climate Equity Fund Pilot Programs CONSENT CALENDAR April 26, 2022
Based on a thorough review, staff recommends selection of the following proposed projects for the three program areas:
Program Area #1: Resilient Home Retrofits – Staff recommends awarding contracts with Association for Energy Affordability for a total amount not to exceed $83,334, BlocPower for a total amount not to exceed $83,333, and Northern California Land Trust for a total not to exceed $83,333, with a combined total amount for all three contracts not to exceed $250,000. These proposed programs will focus on building decarbonization improvements that enhance resilience, support occupants and reduce greenhouse gas emissions for low- income residents. The recommended organizations were selected for their ability to leverage additional funds, address priorities and needs identified by local low- income community members, and integrate electrification and energy efficiency measures with other income-qualified housing improvement programs. For Program Area 1, an RFP process was conducted with the aim to establish a pool of contractors who could perform electrification retrofits. The selected proposers will request funding based on specific scopes of work for projects, which will be reviewed by the City.
Program Area #2: Electric Mobility Access Pilot – Staff recommends awarding a contract with Waterside Workshops for an amount not to exceed $250,000 to create an electric bike (e-bike) loan program for income-qualified Berkeley households, and a youth education and workforce training program on e-bikes that will service the e-bike loans and provide training for high-road job opportunities. Waterside Workshop was selected for its strong track record in the community, partnership with GRID Alternatives, leveraging of other funding and program aspects, and its proposed scope addressing both mobility and workforce benefits.
Program Area #3: Community Access to Resilience Measures and Electrification Engagement Pilot – Staff recommends awarding a contract with the Ecology Center for an amount not to exceed $100,000 to conduct engagement of low-income Berkeley residents on climate change and provide resources for resilience for low-income residents. The Ecology Center was selected for its strong track record in the community, proposed partnerships with other Berkeley community organizations, and scope to elevate the voices of under-represented voices in climate and resilience, pilot and build capacity in local community organizations, and increase access to information and equipment for climate resilience and electrification efforts.
The Climate Equity Fund Pilot is a Strategic Plan Priority Project, advancing our goal to create a resilient, safe, connected, and prepared city and be a global leader in
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Contracts for Climate Equity Fund Pilot Programs CONSENT CALENDAR April 26, 2022
addressing climate change, advancing environmental justice, and protecting the environment.
BACKGROUND
On July 27, 2021 the City Council approved the “Resolution Establishing a Pilot Climate Equity Action Fund,” and on June 29, 2021 the City Council approved a budget item for FY21-22 of $600,000 for climate equity programs to promote building and transportation electrification for low-income residents. On May 26, 2021 the Berkeley Energy Commission unanimously approved a recommendation to create a Climate Equity Action Fund, designate a process for making funding decisions, and appropriate $600,000 to create a pilot test.
Building on the Electric Mobility Roadmap (approved by Council on July 21, 2020) and the Berkeley Existing Building Electrification Strategy (approved by Council on November 30, 2021), Berkeley established the Climate Equity Fund Pilot Programs to ensure that all community members can transition to a fossil fuel-free future and benefit from clean and affordable energy, healthy, safe and comfortable homes, and a carbon neutral transportation system that supports walking, biking and public transportation.
The Office of Energy and Sustainable Development conducted extensive interviews with over two dozen community organizations as part of a community needs assessment to better understand the needs and priorities of the community related to building and transportation electrification and resilience. Berkley Energy Commissioners provided input on the Climate Equity Fund Pilot Programs on July 28, 2021 and September 22, 2021. At these meetings, staff discussed the proposed work plan and timeline and shared community feedback from the community needs assessment. Commissioners provided feedback on funding categories and the distribution of funding among project areas. They recommended prioritizing projects that maximize the number of community members served, and as a result of that feedback, staff added that as an evaluation criterion for the RFP. Staff also received valuable feedback on proposed program areas and funding categories from the FITES Committee on October 6, 2021, including the recommendation to prioritize projects that leverage resources from other programs, which staff added as an evaluation criterion for the RFP. Staff consulted with other City Departments and Divisions, as well as external partners serving low-income communities to determine program areas for the Climate Equity Fund Pilot Programs RFP that would align with and leverage existing programs.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This funding focuses on low-income communities who are often hit first and worst by climate change and its impacts. These contracts will further advance the City’s climate and resilience goals and demonstrate the City’s commitment to a Just Transition framework. Specifically, they will foster both greenhouse gas emission reductions and health benefits by helping our community transition away from fossil fuels to clean
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Contracts for Climate Equity Fund Pilot Programs CONSENT CALENDAR April 26, 2022
electricity in the building and transportation sectors, and strengthen community resilience to adapt to the impacts of climate change all while building a workforce focused on clean energy solutions.
RATIONALE FOR RECOMMENDATION
The contracts directly respond to the goals set forth in the Council-adopted Electric Mobility Roadmap and Existing Buildings Electrification Strategy. Funding these projects will help the City of Berkeley implement the Climate Action Plan and the Resilience Strategy, be responsive to the Declaration of a Climate Emergency and Just Transition framework, and help Berkeley to become a fossil fuel-free community.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Jordan Klein, Director, Planning and Development Department, 510-981-7534 Billi Romain, Manager, Office of Energy & Sustainable Development, Planning Department, 510-981-7432
Attachments:
1. Resolution: Association for Energy Affordability
2. Resolution: BlocPower
3. Resolution: Ecology Center
4. Resolution: Northern California Land Trust
5. Resolution: Waterside Workshops
Links:
RFP issued 12/3/21: https://www.cityofberkeley.info/uploadedFiles/Finance/Level_3_-_General/22- 11488-C%20-%20CEF_RFP_20211129%20(1).pdf
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Attachment 1
RESOLUTION NO. ##,###-N.S.
CONTRACT: ASSOCIATION FOR ENERGY AFFORDABILITY FOR CLIMATE EQUITY
FUND PILOT PROGRAMS
WHEREAS, the City of Berkeley has determined that supporting building and transportation electrification programs and provide climate and resilience benefits to low-income Berkeley residents is a priority; and
WHEREAS, the City of Berkeley released a Request for Proposals on December 3, 2021 (Specification No. 22-11488-C); and
WHEREAS, a selection committee reviewed the proposals and determined that Association for Energy Affordability, BlocPower, and Northern California Land Trust were the best qualified to provide the services needed for Program Area 1 – Resilient Home Retrofits for a cumulative amount not-to-exceed $250,000; Waterside Workshops was the best qualified to provide the services needed for Program Area 2 - Electric Mobility Access Pilot for an amount not-to-exceed $250,000; and the Ecology Center was the best qualified to provide the services needed for Program Area 3 - Community Access to Resilience Measures and Electrification Engagement Pilot for an amount not- to-exceed $100,000; and
WHEREAS, the cost of the contracted service of an amount for all three Program Areas not-to-exceed $600,000 is covered by budget code 017-53-583-611-0000-000-441- 612990; and
WHEREAS, on June 2, 2009, the Berkeley City Council adopted the Berkeley Climate Action Plan to reduce greenhouse gas emissions by 80% of Berkeley’s 2000 emissions level; and
WHEREAS, on April 1, 2016, the City of Berkeley released its Resilience Strategy; and WHEREAS, on July 23, 2019, Berkeley City Council adopted a Prohibition of Natural Gas Infrastructure in New Buildings (BMC Chapter 12.80); and WHEREAS, on November 30, 2021, Berkeley City Council adopted the Berkeley Existing Buildings Electrification Strategy; and
WHEREAS, on December 14, 2021, the Berkeley City Council adopted the commitment to a Just Transition from the Fossil Fuel Economy to ensure that all Berkeleyans have access to good paying jobs and equitable living standards free from the fossil fuel economy; and
WHEREAS, Berkeley’s Strategic Plan sets the goal of being a global leader in addressing climate change, advancing environmental justice, and protecting the environment.
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NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to award contracts and execute any amendments, extensions, or change orders with Association for Energy Affordability for an amount not to exceed $83,334, for the period of May 1, 2022 to May 31, 2024.
BE IT FURTHER RESOLVED that a record signature copy of said contract and any amendments will be on file in the Office of the City Clerk.
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Attachment 2
RESOLUTION NO. ##,###-N.S.
CONTRACT: BLOCPOWER FOR CLIMATE EQUITY FUND PILOT PROGRAMS WHEREAS, the City of Berkeley has determined that supporting building and transportation electrification programs and provide climate and resilience benefits to low-income Berkeley residents is a priority; and
WHEREAS, the City of Berkeley released a Request for Proposals on December 3, 2021 (Specification No. 22-11488-C); and
WHEREAS, a selection committee reviewed the proposals and determined that Association for Energy Affordability, BlocPower, and Northern California Land Trust were the best qualified to provide the services needed for Program Area 1 – Resilient Home Retrofits for a cumulative amount not-to-exceed $250,000; Waterside Workshops was the best qualified to provide the services needed for Program Area 2 - Electric Mobility Access Pilot for an amount not-to-exceed $250,000; and the Ecology Center was the best qualified to provide the services needed for Program Area 3 - Community Access to Resilience Measures and Electrification Engagement Pilot for an amount not- to-exceed $100,000; and
WHEREAS, the cost of the contracted service of an amount for all three Program Areas not-to-exceed $600,000 is covered by budget code 017-53-583-611-0000-000-441- 612990; and
WHEREAS, on June 2, 2009, the Berkeley City Council adopted the Berkeley Climate Action Plan to reduce greenhouse gas emissions by 80% of Berkeley’s 2000 emissions level; and
WHEREAS, on April 1, 2016, the City of Berkeley released its Resilience Strategy; and WHEREAS, on July 23, 2019, Berkeley City Council adopted a Prohibition of Natural Gas Infrastructure in New Buildings (BMC Chapter 12.80); and WHEREAS, on November 30, 2021, Berkeley City Council adopted the Berkeley Existing Buildings Electrification Strategy; and
WHEREAS, on December 14, 2021, the Berkeley City Council adopted the commitment to a Just Transition from the Fossil Fuel Economy to ensure that all Berkeleyans have access to good paying jobs and equitable living standards free from the fossil fuel economy; and
WHEREAS, Berkeley’s Strategic Plan sets the goal of being a global leader in addressing climate change, advancing environmental justice, and protecting the environment.
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NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to award contracts and execute any amendments, extensions, or change orders with BlocPower for an amount not to exceed $83,333, for the period of May 1, 2022 to May 31, 2024.
BE IT FURTHER RESOLVED that a record signature copy of said contract and any amendments will be on file in the Office of the City Clerk.
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Attachment 3
RESOLUTION NO. ##,###-N.S.
CONTRACT: THE ECOLOGY CENTER FOR CLIMATE EQUITY FUND PILOT
PROGRAMS
WHEREAS, the City of Berkeley has determined that supporting building and transportation electrification programs and provide climate and resilience benefits to low-income Berkeley residents is a priority; and
WHEREAS, the City of Berkeley released a Request for Proposals on December 3, 2021 (Specification No. 22-11488-C); and
WHEREAS, a selection committee reviewed the proposals and determined that Association for Energy Affordability, BlocPower, and Northern California Land Trust were the best qualified to provide the services needed for Program Area 1 – Resilient Home Retrofits for a cumulative amount not-to-exceed $250,000; Waterside Workshops was the best qualified to provide the services needed for Program Area 2 - Electric Mobility Access Pilot for an amount not-to-exceed $250,000; and the Ecology Center was the best qualified to provide the services needed for Program Area 3 - Community Access to Resilience Measures and Electrification Engagement Pilot for an amount not- to-exceed $100,000; and
WHEREAS, the cost of the contracted service of an amount for all three Program Areas not-to-exceed $600,000 is covered by budget code 017-53-583-611-0000-000-441- 612990; and
WHEREAS, on June 2, 2009, the Berkeley City Council adopted the Berkeley Climate Action Plan to reduce greenhouse gas emissions by 80% of Berkeley’s 2000 emissions level; and
WHEREAS, on April 1, 2016, the City of Berkeley released its Resilience Strategy; and WHEREAS, on July 23, 2019, Berkeley City Council adopted a Prohibition of Natural Gas Infrastructure in New Buildings (BMC Chapter 12.80); and WHEREAS, on November 30, 2021, Berkeley City Council adopted the Berkeley Existing Buildings Electrification Strategy; and
WHEREAS, on December 14, 2021, the Berkeley City Council adopted the commitment to a Just Transition from the Fossil Fuel Economy to ensure that all Berkeleyans have access to good paying jobs and equitable living standards free from the fossil fuel economy; and
WHEREAS, Berkeley’s Strategic Plan sets the goal of being a global leader in addressing climate change, advancing environmental justice, and protecting the environment.
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NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to award contracts and execute any amendments, extensions, or change orders with the Ecology Center for an amount not to exceed $100,000, for the period of May 1, 2022 to May 31, 2024.
BE IT FURTHER RESOLVED that a record signature copy of said contract and any amendments will be on file in the Office of the City Clerk.
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Attachment 4
RESOLUTION NO. ##,###-N.S.
CONTRACT: NORTHERN CALIFORNIA LAND TRUST FOR CLIMATE EQUITY FUND
PILOT PROGRAMS
WHEREAS, the City of Berkeley has determined that supporting building and transportation electrification programs and provide climate and resilience benefits to low-income Berkeley residents is a priority; and
WHEREAS, the City of Berkeley released a Request for Proposals on December 3, 2021 (Specification No. 22-11488-C); and
WHEREAS, a selection committee reviewed the proposals and determined that Association for Energy Affordability, BlocPower, and Northern California Land Trust were the best qualified to provide the services needed for Program Area 1 – Resilient Home Retrofits for a cumulative amount not-to-exceed $250,000; Waterside Workshops was the best qualified to provide the services needed for Program Area 2 - Electric Mobility Access Pilot for an amount not-to-exceed $250,000; and the Ecology Center was the best qualified to provide the services needed for Program Area 3 - Community Access to Resilience Measures and Electrification Engagement Pilot for an amount not- to-exceed $100,000; and
WHEREAS, the cost of the contracted service of an amount for all three Program Areas not-to-exceed $600,000 is covered by budget code 017-53-583-611-0000-000-441- 612990; and
WHEREAS, on June 2, 2009, the Berkeley City Council adopted the Berkeley Climate Action Plan to reduce greenhouse gas emissions by 80% of Berkeley’s 2000 emissions level; and
WHEREAS, on April 1, 2016, the City of Berkeley released its Resilience Strategy; and WHEREAS, on July 23, 2019, Berkeley City Council adopted a Prohibition of Natural Gas Infrastructure in New Buildings (BMC Chapter 12.80); and WHEREAS, on November 30, 2021, Berkeley City Council adopted the Berkeley Existing Buildings Electrification Strategy; and
WHEREAS, on December 14, 2021, the Berkeley City Council adopted the commitment to a Just Transition from the Fossil Fuel Economy to ensure that all Berkeleyans have access to good paying jobs and equitable living standards free from the fossil fuel economy; and
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WHEREAS, Berkeley’s Strategic Plan sets the goal of being a global leader in addressing climate change, advancing environmental justice, and protecting the environment.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to award contracts and execute any amendments, extensions, or change orders with Northern California Land Trust for an amount not to exceed $83,333, for the period of May 1, 2022 to May 31, 2024.
BE IT FURTHER RESOLVED that a record signature copy of said contract and any amendments will be on file in the Office of the City Clerk.
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Attachment 5
RESOLUTION NO. ##,###-N.S.
CONTRACT: WATERSIDE WORKSHOPS FOR CLIMATE EQUITY FUND PILOT
PROGRAMS
WHEREAS, the City of Berkeley has determined that supporting building and transportation electrification programs and provide climate and resilience benefits to low-income Berkeley residents is a priority; and
WHEREAS, the City of Berkeley released a Request for Proposals on December 3, 2021 (Specification No. 22-11488-C); and
WHEREAS, a selection committee reviewed the proposals and determined that Association for Energy Affordability, BlocPower, and Northern California Land Trust were the best qualified to provide the services needed for Program Area 1 – Resilient Home Retrofits for a cumulative amount not-to-exceed $250,000; Waterside Workshops was the best qualified to provide the services needed for Program Area 2 - Electric Mobility Access Pilot for an amount not-to-exceed $250,000; and the Ecology Center was the best qualified to provide the services needed for Program Area 3 - Community Access to Resilience Measures and Electrification Engagement Pilot for an amount not- to-exceed $100,000; and
WHEREAS, the cost of the contracted service of an amount for all three Program Areas not-to-exceed $600,000 is covered by budget code 017-53-583-611-0000-000-441- 612990; and
WHEREAS, on June 2, 2009, the Berkeley City Council adopted the Berkeley Climate Action Plan to reduce greenhouse gas emissions by 80% of Berkeley’s 2000 emissions level; and
WHEREAS, on April 1, 2016, the City of Berkeley released its Resilience Strategy; and WHEREAS, on July 23, 2019, Berkeley City Council adopted a Prohibition of Natural Gas Infrastructure in New Buildings (BMC Chapter 12.80); and WHEREAS, on November 30, 2021, Berkeley City Council adopted the Berkeley Existing Buildings Electrification Strategy; and
WHEREAS, on December 14, 2021, the Berkeley City Council adopted the commitment to a Just Transition from the Fossil Fuel Economy to ensure that all Berkeleyans have access to good paying jobs and equitable living standards free from the fossil fuel economy; and
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WHEREAS, Berkeley’s Strategic Plan sets the goal of being a global leader in addressing climate change, advancing environmental justice, and protecting the environment.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to award contracts and execute any amendments, extensions, or change orders with Waterside Workshops for an amount not to exceed $250,000, for the period of May 1, 2022 to May 31, 2024.
BE IT FURTHER RESOLVED that a record signature copy of said contract and any amendments will be on file in the Office of the City Clerk.
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Office of the City Manager
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 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Contract: Diablo Engineering Group for Preliminary Engineering and Final Design for the Ohlone Greenway Modernization and Safety Project
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Diablo Engineering Group for Preliminary Engineering and Final Design for the Ohlone Greenway Modernization and Safety project, for a not-to-exceed amount of $550,000, for the period June 1, 2022 through December 31, 2024.
FISCAL IMPACTS OF RECOMMENDATION
The contract is funded by a grant from the Alameda County Transportation Commission (Alameda CTC) using discretionary Alameda County Vehicle Registration Fee (VRF) and Measure BB sales taxes. Funding will be recommended for appropriation through the second amendment to the annual appropriations ordinance in the Capital Grant - Local Fund budget code: 307-54-622-662-0000-000-431-612310-PWTRBP2204 and in the Measure BB Fund (Bicycle & Pedestrian) budget code: 135-54-622-662-0000-000- 431-612310-PWTRBP2204.
Total contract NTE amount .................$550,000
CURRENT SITUATION AND ITS EFFECTS
In January 2022, the City released a Request for Qualifications (RFQ), Specification No. 22-11494-C, seeking qualified firms to provide Preliminary Engineering and Final Design for the Ohlone Greenway Modernization and Safety Project. The consultant’s scope in the RFQ included project management, review of Citywide pedestrian and bicycle plans in developing a detailed project scope that achieves the goals of these plans, conceptual design, preliminary engineering, community outreach and engagement, environmental certification, and final design services that culminate in plans and specifications that are suitable for obtaining construction bids.
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Contract: Diablo Engineering Group for Preliminary Engineering and CONSENT CALENDAR Final Design for the Ohlone Greenway Modernization and Safety Project April 26, 2022
On February 22, 2022, the City received two proposals from professional engineering consulting firms, which were evaluated by a panel of City staff using a set of pre- established criteria that included the City of Berkeley local vendor preference policy and the Alameda CTC Local Business Contract Equity (LBCE) program.
Both firms demonstrated extensive relevant capabilities and experience in their proposals, and therefore both were invited to participate in an online oral interview. The same panel evaluated the firms’ interviews and aggregated their respective scores. The panel found Diablo Engineering Group to be the highest-ranking firm based on their total score, as calculated from the sum of their proposal and interview scores. City staff notified both proposers of this result and negotiated a detailed scope and associated fees with Diablo Engineering Group that achieves the Project goals.
The provided services will support the Strategic Plan goals of creating a resilient, safe, connected, and prepared city and being a global leader in addressing climate change, advancing environmental justice, and protecting the environment.
BACKGROUND
The purpose of the Ohlone Greenway Modernization and Safety project is to construct operational and safety improvements to a ½-mile long portion of the Ohlone Greenway mixed-use pedestrian and bicycle pathway, from the Virginia Gardens crossing at the southernmost Project limit, to the Santa Fe Avenue crossing at the northernmost limit.
The Project goals are to: upgrade the pathway as a low-stress pedestrian and bicycle path; better accommodate the needs of all users; and improve safety, especially at roadway intersections and during non-daylight hours.
The Project would implement the 2017 Berkeley Bicycle Plan Tier 1 priority recommendations for pathway and intersection improvements to the Ohlone Greenway, as this pathway receives high volumes of pedestrian and bicycle traffic. The Project corridor also intersects and includes crossing safety improvements at two local High- Injury Street segments, Cedar and Rose Streets, as identified in the 2020 Berkeley Vision Zero Action Plan. The proposed pathway improvements are also included in the 2016 Berkeley Strategic Transportation (BeST) Plan, which designates the Project as a priority and a “signature project”, as the BeST Plan seeks to increase mobility, user safety, access to commercial districts and opportunity areas, choices for mode of transportation, and environmental sustainability/resiliency.
In early 2021, the City submitted a grant application to Alameda CTC to fund the majority of the consultant and construction costs for this Project. In late 2021, the City was awarded a $1.271 million grant by Alameda CTC for these purposes, with the remainder of the Project funding identified as local matching funds. The grant funding stipulates that consultant services are to be procured via a request for proposal (RFP) or RFQ and that the provisions of the Alameda CTC LBCE program be incorporated into the selection of the consultant and administration of its contract. The Project milestone
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Contract: Diablo Engineering Group for Preliminary Engineering and CONSENT CALENDAR Final Design for the Ohlone Greenway Modernization and Safety Project April 26, 2022
schedule, included as part of the grant funding agreement, indicates a project completion date of December 2024. In order to meet this schedule, a contract with Diablo Engineering Group will need to be executed soon.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The proposed pathway improvements are anticipated to increase the number of pedestrians and bicyclists, which is consistent with the 2009 Berkeley Climate Action Plan Policy 5.a that calls for expanding and improving Berkeley’s bicycle and pedestrian infrastructure. The Plan sets targets of reducing transportation emissions 33% below year 2000 levels by 2020 and 80% below year 2000 levels by 2050. The Plan further states that transportation modes such as public transit, walking, and bicycling must become the primary means of fulfilling the City’s mobility needs in order to meet these targets.
RATIONALE FOR RECOMMENDATION
Authorizing the City Manager to execute a contract with Diablo Engineering Group will keep the Project on schedule for preliminary engineering, community outreach and engagement, environmental certification, and final design services in 2022 and the first half of 2023, followed by construction of the Project in late 2023 to mid-2024.
The proposal and interview with Diablo Engineering Group’s project personnel demonstrates that this team, including their proposed project manager, has extensive experience working with key railroad stakeholders and is well-qualified to provide the City with the needed project management, conceptual design, preliminary engineering, community outreach and engagement, environmental certification, and final design services for the Project.
ALTERNATIVE ACTIONS CONSIDERED
City Council could opt not to approve the consultant contract with Diablo Engineering Group at this time and instead defer the item to a future Council agenda. This decision would delay the start of the Project and would endanger the delivery of the Project by the milestones indicated in the grant funding agreement. Execution of this contract will enable the City to complete the Ohlone Greenway Modernization and Safety project on schedule, as in-house staffing levels are insufficient to perform the necessary services.
CONTACT PERSON
Farid Javandel, Deputy Director, Public Works (510) 981-7061 Kenneth Jung, Supervising Civil Engineer, Public Works, (510) 981-7028 Attachments:
1: Resolution
2: Project Limits
221
RESOLUTION NO. ##,###-N.S.
CONTRACT: DIABLO ENGINEERING GROUP FOR PRELIMINARY ENGINEERING
AND FINAL DESIGN FOR OHLONE GREENWAY MODERNIZATION AND SAFETY
PROJECT
WHEREAS, the Public Works Department has determined that consultant services are needed for Preliminary Engineering and Final Design for the Ohlone Greenway Modernization and Safety project (Project); and
WHEREAS, in January 2022, the City of Berkeley released a Request for Qualifications, Specification No. 22-11494-C, for the work of this Project, received two valid proposals by the due date of February 22, 2022, and reviewed the proposals according to the scoring criteria in the RFQ; and
WHEREAS, after a thorough review and evaluation of the proposals, Diablo Engineering Group was found to be the highest-ranked firm and possess the requisite qualifications and experience and was deemed competent to perform the work of this Project; and WHEREAS, the Project was identified in (a) the Berkeley Bicycle Plan as a Tier 1 priority for improvements to the Ohlone Greenway pathway and (b) the Berkeley Strategic Transportation (BeST) Plan, which designates the Project as a priority and a “signature project”; and
WHEREAS, intersections within the Project corridor include crossing safety improvements at two local High-Injury Street segments, Cedar and Rose Streets, and identified in the 2020 Berkeley Vision Zero Action Plan; and WHEREAS, $550,000 of funding will be recommended for appropriation through the second amendment to the annual appropriations ordinance in the Capital Grant Fund – Local (Fund 307) and in the Measure BB (Bicycle & Pedestrian) (Fund 135).
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments with Diablo Engineering Group for Preliminary Engineering and Final Design for the Ohlone Greenway Modernization and Safety project, for an amount not to exceed $550,000, for the period from June 1, 2022 through December 31, 2024. A record signature copy of said contract and any amendments is to be on file in the City Clerk Department.
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Contract: Diablo Engineering Group for Preliminary Engineering and CONSENT CALENDAR Final Design for the Ohlone Greenway Modernization and Safety Project April 26, 2022 ATTACHMENT 2
PROJECT LIMITS
Source: https://www.openstreetmap.org/
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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
CONSENT CALENDAR
April 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: Contract: ParkMobile, LLC for Mobile Parking Payment Services
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a three-year contract and any amendments with ParkMobile, LLC, to provide mobile parking payment at on-street meters and reservations at parking garages in an amount not to exceed $300,000 for the period July 1, 2022 through June 30, 2025.
FISCAL IMPACTS OF RECOMMENDATION
Funding of $300,000 is subject to appropriation in the FY 2023, FY 2024, and FY 2025 budgets from the Parking Meter Fund.
FY 2023..............................................................................................$100,000 FY 2024..............................................................................................$100,000 FY 2025_______________________________________________$100,000 Total ...................................................................................................$300,000 The three-year $300,000 contract amount is an estimate, as exact compensation will depend upon the number of transactions made using the ParkMobile service.
CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley currently allows parking users a contactless payment option at on- street meters and to reserve parking in advance at the Center Street Garage via the ParkMobile, LLC (ParkMobile) mobile parking payment service. The current contract with ParkMobile was authorized by Council on October 3, 20171 and the service launched in Berkeley in May 2018. Based on ParkMobile’s satisfactory services, the City extended the contract by two one-year letter extensions, and the contract is set to expire on June 30, 2022.
On December 8, 2021, the City released Request for Proposals (RFP) Specification No. 22-11478-C for a Mobile Parking Payment System at on-street parking meters and 1 October 3, 2017 City Council Agenda: https://bit.ly/3HIYk6W
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Contract: ParkMobile, LLC for Parking Pay-By-Phone Services CONSENT CALENDAR
reservations at City parking garages. Four proposals were reviewed and assessed, and ParkMobile received the highest overall score based on ability to meet all the City’s specifications and value for the service.
Providing mobile parking payment services is a Strategic Plan Priority Project, advancing our goals to:
Provide state-of-the-art, well-maintained infrastructure, amenities, and facilities; and
Be a customer-focused organization that provides excellent, timely, easily- accessible service and information to the community.
BACKGROUND
In response to a 2014 Council referral, the City released an RFP for mobile parking payment services in 2016. ParkMobile, LLC received the highest overall score of three proposals based on staff training, customer service, and value for the service. The contract with ParkMobile was authorized by Council on October 3, 2017 and the service launched in Berkeley in May 2018.
ParkMobile offers a flexible and convenient option to pay for parking through a smartphone application (app), online via a website, or by telephone using a credit or debit card. Customers may initiate and extend parking sessions from their mobile devices, opt-in to receive alerts about their parking expiration time, and remotely add time to an existing parking session. Customers pay the posted hourly parking rate plus a $0.35 convenience fee that covers ParkMobile’s service costs.
ENVIRONMENTAL SUSTAINABILITY & CLIMATE IMPACTS
Mobile parking payment services have no direct impact on environmental sustainability or climate impacts.
RATIONALE FOR RECOMMENDATION
After careful consideration, City staff determined ParkMobile would continue to meet the City’s full set of specifications for the mobile parking payment service, offering quality customer service and system maintenance services to the City. ParkMobile provides mobile parking payment services in Oakland, Walnut Creek, and Emeryville, and maintaining this service in Berkeley would continue to allow a familiar parking experience for East Bay drivers.
ALTERNATIVE ACTIONS CONSIDERED
If Council chooses not to authorize this contract, the City’s contract with ParkMobile would end on June 30, 2022 without replacement. The City would no longer be able to offer mobile parking payment services to parking customers at on-street parking meters or advance reservations at the Center Street Garage.
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Contract: ParkMobile, LLC for Parking Pay-By-Phone Services CONSENT CALENDAR
CONTACT PERSON
Farid Javandel, Deputy Director Public Works (510) 981-7061 Danette Perry, Parking Services Manager (510) 981-7057
Gordon Hansen, Senior Planner (510) 981-7064
Attachments:
1: Resolution
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RESOLUTION NO. ##,###-N.S.
CONTRACT: PARKMOBILE, LLC, FOR MOBILE PARKING PAYMENT SERVICES WHEREAS, the City of Berkeley currently allows users to pay for on-street metered parking and reserve parking at the Center Street Garage in advance via the ParkMobile mobile parking payment service; and
WHEREAS, the ParkMobile service launched in 2018, and the City’s contract with ParkMobile has been extended twice by letter extensions, with the contract set to expire June 30, 2022; and
WHEREAS, in December 2021, the City of Berkeley released a Request for Proposals (RFP) Specification No. 22-11478-C for Mobile Parking Payment services, received four proposals by the due date of January 25, 2022, and these were reviewed according to the RFP’s scoring criteria; and
WHEREAS, ParkMobile received the highest overall score based on ability to meet all the City’s specifications and value for the service.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract for an amount not to exceed $300,000, and any amendments with Parkmobile, LLC for mobile parking payment services for the period from July 1, 2022 through June 30, 2025.
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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
CONSENT CALENDAR
April 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: Contract No. 9977B Amendment: Portable Computer Systems dba PCS Mobile for Parking Permit and Citation Services.
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9977B with Portable Computer Systems dba PCS Mobile increasing the contract amount by $225,000, for a total amount not-to-exceed of $2,050,000 and extending the contract term through June 30, 2024.
FISCAL IMPACTS OF RECOMMENDATION
Funding of $225,000 is available in the FY 2023 Budget in the Parking Meter Fund (631-54-622-665-0000-000-472-612990- PWTRPK1401).
Current Contract Amount ................................................................$1,825,000 Amended Contract Amount ...............................................................$ 225,000 Total NTE $2,050,000
CURRENT SITUATION AND ITS EFFECTS
The City currently uses Automated License Plate Reader (ALPR) systems for issuance of parking citations, with the license plate reading capabilities used to conduct time limit enforcement and verify permits in Residential Preferential Parking (RPP) areas.
The contract with PCS Mobile was last amended in May 2020 via Resolution 69,420- N.S.1 increasing the contract not to exceed amount to $1,825,000. The contract is currently set to expire on June 30, 2022.
While the ALPR units are operated by Parking Enforcement staff, the contract is managed by the Public Works Transportation Parking Services unit. Due to limited capacity and funding, it is infeasible to issue a new request for proposals (RFP) for ALPR equipment and support at this time. Moreover, the City’s parking permit and enforcement system is reliant on ALPR. The budget increase includes funding for yearly costs associated with daily operations, including preventative maintenance, support services, and cellular network connectivity fees. Amending the contract with PCS Mobile 1 May 26, 2020 City Council Agenda: https://bit.ly/3HioFtE
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Contract No. 9977B Amendment: Portable Computer Systems dba CONSENT CALENDAR PCS Mobile April 26, 2022
for an extension of two (2) years would ensure that existing parking permit and enforcement processes continue to run without a gap in service.
BACKGROUND
Effective management of Berkeley’s public parking resources improves access to local businesses and reduces traffic congestion and safety hazards caused by drivers as they search for parking. In particular, ALPR technology enables Parking Enforcement Officers (PEOs) to cover more ground faster, allowing for more efficient patrols. In addition, ALPR is now the foundation of the City’s digital parking permit management system: license plates now function as annual permits, allowing faster yearly renewals and eliminating the need for the City to purchase and distribute physical bumper decals.
After requests from the community, the City now offers license plate-based 1-Day Visitor Passes.
On January 27, 2015, Council authorized Contract No. 9977 with PCS Mobile to install and maintain five Genetec ALPR systems as part of the goBerkeley parking management pilot program. 2 The contract with PCS Mobile was first amended in December 2017 via Resolution 68,085-N.S,3 to fund the purchase of fifteen (15) additional ALPR systems, bringing the City’s total to twenty (20) systems, as well as yearly costs associated with daily operations, including preventative maintenance, support services, and cellular network connectivity fees through June 30, 2022.
On May 14, 2019 via Resolution No. 68,877-N.S., Council authorized the purchase of fifteen (15) new Westward Industries “GO-4” parking enforcement vehicles.4 These new vehicles replaced older GO-4s that were already outfitted with ALPR systems.
Removing ALPR systems from the old vehicles and reinstalling them onto the new GO- 4s incurred costs beyond what was originally budgeted. The May 2020 contract amendment provided funding to replenish the contract budget so operations could run smoothly through the duration of the contract.
The use of ALPR equipment is currently guided by the Berkeley Police Department’s Administrative Order #001-2016,5 with discussions currently underway to revise and update this policy. Pursuant to Ordinance 7,592-N.S. (the Surveillance Technology Use and Community Safety Ordinance), the City Manager must submit to the City Council a Surveillance Technology Report regarding ALPR use each year.6
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Effective parking enforcement increases compliance with parking rates and time limits, which are used to improve parking availability. Reducing greenhouse gas emissions produced by vehicular traffic is one of the City’s 2009 Climate Action Plan goals. 2January 27, 2015 Contract: PCS Mobile for Equipment Vendor in Automated Data Collection and Enforcement System (goBerkeley) http://bit.ly/2ncJhdP 3 July 11, 2017 City Council Agenda: https://bit.ly/2UoF5c9 4 May 14, 2019 City Council Agenda: https://bit.ly/2xYdkiZ 5 Administrative Order issue date 2/18/16: https://bit.ly/3uStN26 6 March 27, 2018 Ordinance: https://bit.ly/3r4MRcp
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Contract No. 9977B Amendment: Portable Computer Systems dba CONSENT CALENDAR PCS Mobile April 26, 2022
RATIONALE FOR RECOMMENDATION
ALPR is integral to current parking enforcement operations and residential permit management. In addition, Parking Enforcement Officers (PEOs) find the technology easy to use and effective at increasing enforcement capacity. This in turn increases compliance with existing parking management regulations, and reinforces Council- supported programs.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Farid Javandel, Deputy Director, Public Works (510) 981-7061 Danette Perry, Manager, Parking Services (510) 981-7057 Gordon Hansen, Senior Planner (510) 981-7064
Attachments:
1: Resolution
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RESOLUTION NO. ##,###-N.S.
CONTRACT NO. 9977B AMENDMENT: PORTABLE COMPUTER SYSTEMS DBA
PCS MOBILE TO AUGMENT BUDGET AND EXTEND CONTRACT TERM TO
MAINTAIN PARKING PERMIT AND ENFORCEMENT SERVICES
WHEREAS, the City of Berkeley currently uses Automated License Plate Recognition (ALPR) systems to conduct parking enforcement operations; and WHEREAS, the City amended the contract in 2020 and increased the contract not to exceed amount to $1,825,000; and
WHEREAS, the current contract is set to expire on June 30, 2022; and WHEREAS, the City does not have adequate capacity to complete a new equipment solicitation process before the contract expiration; and WHEREAS, the City’s parking permit and enforcement system is fully reliant on ALPR equipment; and
WHEREAS, the contract amendment will provide continuous service for parking permit processes and programs until such time a Request for Proposals (RFP) process can be implemented; and
WHEREAS, funding of $225,000 for this contract amendment is available in the FY 2023 Parking Meter Fund (631-54-622-665-0000-000-472-612990- PWTRPK1401).
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 9977B with PCS Mobile, increasing the contract not to exceed amount to $2,050,000 and extending the contract term through June 30, 2024.
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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
CONSENT CALENDAR
April 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Contract No. 117441-1 Amendment: Chrisp Company for Roadway Thermoplastic Markings
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 117441-1 with Chrisp Company to extend the contract term by two years to June 30, 2024, with an option for up to three additional one-year extensions.
FISCAL IMPACTS OF RECOMMENDATION
The contract amendment is to extend the contract term to June 30, 2024 with an option for up to three additional one-year extensions. The not-to-exceed amount of this on-call contract will remain at $1,250,000.
CURRENT SITUATION AND ITS EFFECTS
Chrisp Company was retained under contract 117441-1 (FUND$ Contract No. 10732) for installation of roadway thermoplastic markings and roadside signs within the City.
The existing contract has a not-to-exceed amount of $1,250,000 with an end date of June 30, 2022.
The proposed contract extension will allow City staff to continue services utilizing the scope of work outlined in the existing contract for various projects, including traffic calming projects, safety improvements, capital projects, and regular maintenance work.
Unit price increases for the future contract years will be commensurate with the current escalation rate. Bid items will also be updated to remain compliant with current State standards relating to pavement markings and roadside signs.
Roadway Thermoplastic Markings is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.
BACKGROUND
The City must periodically refresh pavement markings for roadway safety as poor visibility of markings can contribute to unsafe conditions for pedestrians, bicyclists and motorists. The City also installs new thermoplastic markings and signs including those related to bike and pedestrian improvements, the traffic calming program, quick build
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Contract #117441-1 Amendment: Chrisp CONSENT CALENDAR
Company for Roadway Thermoplastic Markings April 26, 2022
projects, or various safety upgrades. Much of this work requires retaining an outside contractor, as the City does not have internal staff or equipment resources to provide these upgrades as required by the various projects throughout the City.
A Request for Bids and Specifications for Roadway Thermoplastic Markings (Specification No. 16-11078-C) was issued on March 10, 2017. Chrisp Company was determined to be the lowest responsive and responsible bidder, meeting all proposal requirements and specifications. Resolution No. 68,088-N.S. authorized the City Manager to execute a contract and any amendments with Chrisp Company in an amount not to exceed $1,250,000 for roadway thermoplastic markings for the period of July 1, 2017 through June 30, 2022. Contract No. 117441-1 (FUND$ Contract No. 10732) was executed on October 3, 2017.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Improved roadway markings and signage is consistent with the City’s efforts to improve efficiency and safety of movement of people and vehicles throughout the City’s roadway network. Markings and signage can also advance opportunities for people to safely walk, bike, and take public transit, therefore working to reduce greenhouse gases and pollutants that impact air quality.
RATIONALE FOR RECOMMENDATION
The City does not have the in-house staff or equipment resources needed to maintain all markings and signs throughout the City.
ALTERNATIVE ACTIONS CONSIDERED
To not amend the Chrisp Contract will delay installation of new signing and striping until a new bid process can be completed.
CONTACT PERSON
Farid Javandel, Deputy Director of Transportation, Public Works, (510) 981-7061 Jesse Peoples, Associate Transportation Engineer, Public Works, (510) 981-6416 Attachments:
1: Resolution
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RESOLUTION NO. ##,###-N.S.
CONTRACT NO. 117441-1 AMENDMENT: CHRISP COMPANY FOR ROADWAY
THERMOPLASTIC MARKINGS
WHEREAS, the City must periodically refresh pavement markings and install new roadway markings and signage related to bicyclist and pedestrian improvements, traffic calming, and miscellaneous safety projects; and
WHEREAS, the City does not have internal staff or equipment resources to provide pavement marking and signage maintenance and installation at the pace required by the various projects throughout the City; and
WHEREAS, a Request for Bids and Specifications was advertised on March 10, 2017, and Chrisp Company was determined to be the lowest responsive and responsible bidder; and
WHEREAS, Resolution No. 68,088-N.S. authorized the City Manager to execute a contract and any amendments with Chrisp Company in an amount not to exceed $1,250,000 for the period of July 1, 2017 through June 30, 2022; and WHEREAS, Contract No. 117441-1 (FUND$ Contract No. 10732) with Chrisp Company was executed on October 3, 2017, and currently has capacity under the existing scope of work for various City projects and tasks; and
WHEREAS, contract rate increases for future years will be commensurate with the current escalation rate and bid items will be updated to remain compliant with current State standards.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 117441-1 with Chrisp Company to extend the contract term by two years with an option for up to three additional one-year extensions.
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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
CONSENT CALENDAR
April 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: Contract No. 31900047 Amendment: Pavement Engineering Inc. for On-Call Civil Engineering and Construction Management Services
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900047 with Pavement Engineering Inc. for on-call civil engineering services, increasing the contract amount by $1,000,000 for a total not-to-exceed amount of $3,500,000 and extending the term of the contract from June 30, 2022 to December 31, 2023.
FISCAL IMPACTS OF RECOMMENDATION
Funding for this contract amendment is subject to appropriation in the Capital Improvement Program (CIP) Budget in the Capital Improvement Fund (501-54-623-673- 0000-000-431-612310) and the Measure T1 Infrastructure Bond Fund (511-54-623-673- 0000-000-431-612310.
CONCURRENT SITUATION AND ITS EFFECTS
In order for certain capital improvement programs to move forward, City resources must be supplemented with outside civil engineering consultants. There is a need for civil engineering services for designing streets, storm drains, green infrastructure, and sidewalk projects, and for construction management and inspection for these projects.
The original contract with Pavement Engineering Inc. (PEI) covered a three-year period from FY 2019 through FY 2021, with a not to exceed amount of $1,500,000. On April 28, 2020, Council authorized an amendment to Contract No. 31900047 by Resolution No. 69,376-N.S. for an additional $1,000,000 for a total not to exceed amount of $2,500,000 and extending the term to June 30, 2022.
From September 1, 2018 to February 28, 2022, task orders for civil engineering services have been authorized to PEI for approximately 80% of their total contract amount. The scope of work has included pavement analysis and design, and construction management and inspection. Although less than three months remains in the contract, there is a significant need for on-call civil engineering services over the next 1-2 years for the multiple projects generated by the November 2016 passage of the
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Contract No. 31900047 Amendment: CONSENT CALENDAR
Pavement Engineering Inc. for On-Call Civil Engineering and April 26, 2022 Construction Management Services
Measure T1 Infrastructure & Facilities GO Bond (T1), including accelerated street paving. In order to continue providing existing services and to expedite project design, staff proposes amending the contract for PEI for increased expenditure authority.
The provided services support the Strategic Plan goal to provide state-of-the-art, well- maintained infrastructure, amenities, and facilities.
BACKGROUND
The Engineering Division of the Public Works Department is experiencing significantly increased workloads, resulting from a high vacancy rate, deferred maintenance, ongoing capital projects, and T1 projects. The City has used civil engineering consultants to design and manage projects under staff’s supervision. These include situations in which the nature of the work is specialized such as paving, drainage, and green infrastructure for design, permitting, construction administration, and inspections.
On-call contracts provide professional design, engineering, and construction management services when needed and enable Public Works to deliver on capital projects.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no negative environmental effects or climate impacts related to this action.
These contracts will help ensure successful completion of capital improvement projects including complete streets projects which facilitate walking and cycling as alternatives to driving.
RATIONALE FOR RECOMMENDATION
Pavement Engineering Inc. has particular expertise in engineering design, construction management, and construction support. Amending this contract will assist the City in proceeding with planned capital improvement projects and monitoring work by utilities.
ALTERNATIVE ACTIONS CONSIDERED
City Council could choose not to amend this contract, in which case, the current contract expires and the not-to-exceed amount is depleted. This will result in delays to planned capital improvement projects and existing services.
CONTACT PERSON
Liam Garland, Director, Public Works, (510) 981-6303
Joe Enke, Manager of Engineering, Public Works, (510) 981-6411 Attachments:
1: Resolution – Amendment to Contract with Pavement Engineering, Inc.
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RESOLUTION NO. ##,###-N.S.
CONTRACT NO. 31900047 AMENDMENT: PAVEMENT ENGINEERING INC. FOR
ON-CALL CIVIL ENGINEERING SERVICES
WHEREAS, on July 24, 2018 by Resolution No. 68,562-N.S., the City Council authorized Contract No. 31900047 with Pavement Engineering, Inc. for on-call civil engineering services, in an amount not to exceed $1,500,000 for a three-year period expiring June 30, 2021; and
WHEREAS, on April 28, 2020 by Resolution No. 69,376-N.S., the City Council authorized an amendment to Contract No. 31900047 with Pavement Engineering, Inc. for on-call civil engineering services increasing the amount by $1,000,000 for a revised contract amount not to exceed $2,500,000 and extending the term to June 30, 2022; and WHEREAS, the City does not have sufficient in-house resources to perform the volume of necessary civil engineering services within the next one to two years; and WHEREAS, the City desires to retain on-call civil engineering services for various Public Works projects including multiple projects generated by the passage of the Measure T1 Infrastructure & Facilities GO Bond and staff augmentation services; and WHEREAS, funds are available from the Capital Improvement Fund 501 and the Measure T1 Infrastructure & Facilities GO Bond Fund 511.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to the Contract No. 31900047 with Pavement Engineering Inc. for on-call civil engineering services increasing the amount by $1,000,000 for a total not to exceed $3,500,000 and extending the term of the contract to December 31, 2023. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.
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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
CONSENT CALENDAR
April 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Lease Amendment: Options Recovery Lease of City Property 1835 Allston Way
RECOMMENDATION
Adopt first reading of an Ordinance authorizing the City Manager to execute an Amendment to the Lease Agreement with Options Recovery Services for the Old City Hall Annex Building located at 1835 Allston Way. The Lease provides for a total of two options to renew for five (5) year terms. This first option period shall commence (retroactively) on January 1, 2020, and end on December 31, 2024.
FISCAL IMPACTS OF RECOMMENDATION
As part of the initial Lease terms, Options completed specific required improvements to the building then valued at approximately $127,000. Improvement were completed and the initial term of the lease expired on December 31, 2019. Section 3. RENT, subsection A. Minimum Rent states, that “during the Initial Term, and during any Renewal Term, the Minimum Rent shall be ONE HUNDRED DOLLARS ($100.00) per year.” Therefore, rent will continue to be $100.00 per year. Receipts will be entered in the General Fund ERMA Revenue Account: 011-54-624-697-0000-000-000-461110.
CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley owns the Old City Hall Annex (the Annex) at 1835 Allston Way, to the south of the Maudelle Shirek Building (Old City Hall). The Annex fronts on Allston Way, and has another entrance from the adjacent parking lot, and is a City of Berkeley Designated Landmark. The building is about 6,400 square feet divided into variously sized office and meeting rooms, with restrooms. Prior to Options Recovery Services (“Options”) initial term in the building, it had been vacant since the summer of 2012.
Options is a non-profit organization that provides services and support for people in recovery from substance abuse. Services are provided at the Veterans Memorial Building at 1931 Center Street. The Annex serves as an office and meeting space for Options’ staff.
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Lease Amendment for 1835 Allston Way CONSENT CALENDAR
April 26, 2022
BACKGROUND
Options Recovery Services was selected to lease the Annex as a result of an RFP issued in October 2012 (RFP Specification No. 14-10782). Options continues to focus on the vision of their late founder Dr. Davida Coady, a physician who specialized in substance abuse treatment. In partnership with Berkeley Mental Health and other organizations, Options grew and expanded to promote an alternative sentencing approach addressing substance abuse-related offenses in the courtroom.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental impacts identified at this time.
RATIONALE FOR RECOMMENDATION
Options Recovery Services completed significant improvements, and as part of the lease terms, was responsible for specified upgrades and renovations.
ALTERNATIVE ACTIONS CONSIDERED
None.
CONTACT PERSON
Dionne Early, Community Development Project Coordinator, Public Works, 510-981- 6453
Attachments:
1: Ordinance
Exhibit A: Lease Amendment for City of Berkeley Property at 1835 Allston Way Exhibit B: Lease Agreement between the City of Berkeley and Options Recovery Services
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ORDINANCE NO. -N.S.
AUTHORIZING LEASE AMENDMENT FOR OPTIONS RECOVER SERVICES AT 1835
ALLSTON WAY
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. FINDINGS:
A. The City adopted Ordinance No. 7,328-N.S. authorizing a Lease Agreement with Options Recovery Services (Lessee) executed April 23, 2014 with an initial term that ended December 31, 2019 for the Old City Hall Annex located at 1835 Allston Way, Berkeley, California.
B. In the Lease, the City and Lessee agreed to two additional five (5) year option terms. The Lessee exercised its right to an option term to begin (retroactively) January 1, 2020 and expire December 31, 2024. The revenue projection to the City for the term of this lease option is $500.00 (Five Hundred Dollars). Receipts will be entered in the General Fund ERMA Revenue Account: 011-54-624-697- 0000-000-000-461110.
Section 2. AUTHORIZATION FOR CITY MANAGER TO AMEND THE LEASE AGREEMENT WITH OPTIONS RECOVERY SERVICES AT 1835 ALLSTON WAY.
The City Manager is hereby authorized to amend the lease agreement with Options Recovery Services for improved real property at 1835 Allston Way, Berkeley, CA, and to make any amendments thereto. Such lease amendment shall be on substantially the terms set forth in Exhibit A.
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.
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LEASE AMENDMENT FOR CITY OF BERKELEY
PROPERTY AT 1835 ALLSTON WAY
This lease amendment (“Amendment”) is made on ________________ between the CITY OF BERKELEY ("Landlord"), a Charter City organized and existing under the laws of the State of California and Options Recovery Services ("Tenant"), a nonprofit organization, who agree as follows:
This lease amendment is made with reference to the following facts and objectives:
A. Landlord is the owner of the real property at 1835 Allston Way, Berkeley, California, ("Premises") commonly referred to as the “Old City Hall Annex” as further described in Exhibit A, attached to and made a part of this lease.
B. Tenant entered into a lease (“Lease ”) with Landlord on April 23, 2014. Tenant is occupying and conducting business in the total square footage of the building measuring 6,400 square feet of the premises and identified in Exhibit A, attached to and made part of this lease.
C. Tenant has exercised its right under the Lease to renew the Lease for another five (5) years per Section 2., Term. The Lease provides for a total of two options to renew for 5-year terms. This first option period shall commence (retroactively) on January 1, 2020, and end on December 31, 2024.
D. Tenant wishes to lease the premises for the purpose of continuing to operate a nonprofit organization that delivers substance abuse disorders treatment programs including intensive outpatient day treatment, and evening treatment program, case management services, associated mental health treatment, and physical health screening and drug testing in Berkeley and throughout Alameda County. _______________________________________________.
E. Landlord and Tenant have agreed that the monthly base rent from January 1, 2020 to December 31, 2024, shall be ONE HUNDRED DOLLARS ($100.00) for each year of the Lease per Section 3. Rent.
1. Section 3. RENT, subsection B., is amended to read as follows:
B. Manner of Payment All rent and other payments due from Tenant shall be made to Landlord in lawful money of the United States of America at Landlord's address for notice hereunder, or to such other person or at such other place as Landlord may from time to time designate in writing. At Tenant’s option, rent may be paid annually and due January 1st of the year being paid or pay the entire term ($500) due within 30 days following approval and execution of this Lease Amendment. Any other payments from the Tenant (utilities, etc.,) and any other payments will be billed separately.
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2. Section 6. SERVICES, subsection A., is deleted in its entirety and replaced by the following:
6. SERVICES
A. Tenant shall make all arrangements for and pay for all utilities and services, including electricity, gas, garbage, water, sewer and telephone, and all fees and periodic charges related thereto. Where direct payment of utilities and services by Tenant is not feasible, Tenant shall reimburse Landlord, without deduction, setoff, prior notice, or demand, the sum billed for the previous year’s utilities and services.
The bill is due upon receipt and shall be paid to Landlord at the address to which notices to Landlord are given.
3. Section 29. NOTICES, is deleted in its entirety and replaced by the following:
29. NOTICES
A written notice is deemed served when a party sends the notice in an envelope addressed to the other party to this lease and deposits it with the U.S. Postal Service, registered mail, postage prepaid. For purposes of this lease, notices shall be addressed as follows, as appropriate:
To the Landlord: City of Berkeley
Department of Public Works - Real Property
1947 Center Street, Fifth Floor Suite 521
Berkeley, CA 94704
With a Copy to: City of Berkeley
Department of Public Works
2180 Milvia Street, 3rd Floor
Berkeley, CA 94704
To the Tenant: Executive Director
Options Recovery Services
1835 Allston Way
Berkeley, CA 94704
4. This Lease is amended to include the following language regarding the Required Accessibility Disclosure:
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REQUIRED ACCESSIBILITY DISCLOSURE
a. Landlord hereby advises Tenant that the Premises and Improvements have not undergone an inspection by a certified access specialist, and except to the extent expressly set forth in this Lease, Landlord shall have no liability or responsibility to make any repairs or modifications to the Premises or the Building in order to comply with accessibility standards. The following disclosure is hereby made pursuant to applicable California law:
b. “A Certified Access Specialist (CASp) can inspect the subject premises and determine whether the subject premises comply with all of the applicable construction-related accessibility standards under state law. Although state law does not require a CASp inspection of the subject premises, the commercial property owner or landlord may not prohibit the lessee or tenant from obtaining a CASp inspection of the subject premises for the occupancy or potential occupancy of the lessee or tenant, if requested by the lessee or tenant. The parties shall mutually agree on the arrangements for the time and manner of the CASp inspection, the payment of the fee for the CASp inspection, and the cost of making any repairs necessary to correct violations of construction-related accessibility standards within the premises.” [Cal. Civ.
Code Section 1938€]. Any CASp inspection shall be conducted in compliance with reasonable rules in effect at the Premises with regard to such inspections and shall be subject to Landlord’s prior written consent.
5. Further, this Contract is amended to include the following language regarding the City’s Sanctuary Contracting Ordinance:
SANCTUARY CITY CONTRACTING
Contractor hereby agrees to comply with the provisions of the Sanctuary City Contracting Ordinance, B.M.C. Chapter 13.105. In accordance with this Chapter, Contractor agrees not to provide the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security with any Data Broker or Extreme Vetting Services as defined herein:
a. “Data Broker” means either of the following:
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i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services. Extreme Vetting does not include:
i. The City’s computer-network health and performance tools; ii. Cybersecurity capabilities, technologies and systems used by the City of Berkeley Department of Information Technology to predict, monitor for, prevent, and protect technology infrastructure and systems owned and operated by the City of Berkeley from potential cybersecurity events and cyber-forensic based investigations and prosecutions of illegal computer-based activity.
In all other respects, the Lease executed on April 23, 2014, shall remain in full force and effect.
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IN WITNESS WHEREOF, Landlord and Tenant have executed this lease amendment as of the date written on the first paragraph of this lease.
LANDLORD
CITY OF BERKELEY
By: _____________________
City Manager
THIS LEASE HAS BEEN REGISTERED BY:
APPROVED AS TO FORM
BY THE CITY ATTORNEY
OF THE CITY OF BERKELEY ______________________________
6/2004 City Auditor
ATTEST:
_______________________________
Deputy City Clerk
TENANT:
Signature:______________________________
Title: _________________________________
City of Berkeley Business License No.
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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
CONSENT CALENDAR
April 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: Purchase Order: Western Truck Center for Four Front Loaders
RECOMMENDATION
Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City to participate in Sourcewell contract bid procedures, and authorizing the City Manager to execute a purchase of four (4) Front Loaders with Western Truck Center in an amount not to exceed $1,731,000.
FISCAL IMPACTS OF RECOMMENDATION
The purchase of four Front Loaders will not exceed $1,731,000 and includes freight, registration, CA tire fees, factory and driver training and sales tax. Funding for the purchase of these vehicles is available in the FY 2022 budget for the Equipment Replacement Fund (671).
CURRENT SITUATION AND ITS EFFECTS
This purchase will replace units 6377, 6378, 6379 and 6380 that have reached the end of their useful life which was planned to be seven years. The Front Loaders being replaced are model year 2013. Berkeley provides its own refuse, recycling, mixed containers (metal, plastic, aluminum.), and food/green materials collection services for both residential and commercial community members. New equipment will be utilized by the Department of Public Works Zero Waste Division for this purpose. Collected material will be transported to the City’s solid waste management center and transfer station for disposal or reuse.
Electric/Hybrid Electric Evaluation:
For Every fleet purchase, Public Works Staff research the feasibility and availability of fully electric vehicles and hybrid-electric powertrains to support the City’s transition from fossil fuels to renewable energy resources. Staff research reveals progress is being made with developing a viable Electric Class 8 Sanitation Truck. Manufacturers involved include Mack, BYD, Lion Electric, Daimler, Peterbilt, and Nikola. Agencies / Companies across the nation are actively pursuing electric alternative sanitation truck to include the following: New York City has completed testing phase with good results, and announced plans to order (7) Mack LR Electric trucks. City of Sacramento Fleet
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Purchase Order: Western Truck Center CONSENT CALENDAR
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management has stated they will be working with Lion’s electric to build out a product for their operation in 2022; GreenWaste of Palo Alto has purchased (4) BYD Motor Inc electric models; and Los Angeles has committed to 100% electrification by 2035, just to name a few. The Transfer Stations current electrical infrastructure cannot support a charging system without significant and costly improvements.
To electrify the collection fleet (more than 60 vehicles), the City’s Solid Waste & Recycling Transfer Station has completed a Feasibility Study in late 2019 and began the CEQA permitting process in January 2021 for the facilities replacement of this 7.4- acre site, which will include infrastructure for future electrification of the Zero Waste Division’s entire heavy-duty truck fleet. In addition, the Feasibility Study was presented at a November 5, 2019 City Council Work session and highlighted the electrical infrastructure needed and to meet GHG emission reduction targets as part of the City’s 2009 Climate Action Goals.
With completion of the CEQA compliance, the final design and engineering for construction specifications and City permitting requirements are projected for FY2026/2027 completion. Public Works is also applying for assistance from Pacific Gas & Electric, Co. to provide electric charging infrastructure for future medium and heavy- duty vehicles application.
Renewable Fuel:
The replacement vehicles will be powered by 100% renewable diesel that reduces greenhouse gas emission by as much as 50-80%. Usage of renewable diesel also complies with the City’s Fossil Free Recommendations. This purchase is in alignment with the 2020 Municipal Fleet Electrification Assessment that recognized the lack of commercially available and viable heavy-duty vehicles.
This purchase will support the City’s Strategic Plan Goal of creating a resilient, sate, connected, and prepared City. In addition, the 2020 Municipal Fleet Electrification Assessment recognizes that cost-effective electric heavy-duty Front Load vehicles in this classification are not available at this time.
BACKGROUND
Throughout the year, each City Department pays its proportionate share into the Equipment Replacement Fund, and those funds are utilized to replace equipment at the end of its useful life. If a vehicle or equipment purchase request exceeds $25,000, the Department of Finance General Services, Division solicits bids or “piggybacks” off competitively bid contracts to ensure City departments receive the best pricing.
The City of Berkeley has been a no-cost member of Sourcewell (formerly National Joint Powers Alliance) a municipal contracting agency operating under the legislative authority of Minnesota Statue 123A.21. The original 1978 statue was revised in 1995 allowing government clients to meet their specific needs through participation in a
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Purchase Order: Western Truck Center CONSENT CALENDAR
for Four Front Loaders April 26, 2022
service cooperative, rather than paying the higher cost associated with individual procurement. Sourcewell allows participating municipal agencies to leverage the benefits of cooperative purchasing and reduces procurement cost. Sourcewell serves cooperatively contracted products, equipment and service opportunities to government entities throughout the U.S.
All Sourcewell contracts have been competitively solicited nationwide. On April 16, 2020 Sourcewell released Request for Proposal No. 060920 for Class 4-8 Chassis with Related Equipment, Accessories, and Services. The solicitation was released for fifty- five days and twenty-five proposals were submitted. Upon review the Sourcewell Evaluation Committee selected Crane Carrier Company, LLC, a chassis manufacturer, as the best most responsive proposer to meet the specifications thusly awarding Contract No. 060920-CRN. The Crane Carrier Company authorized dealer/distributor for Northern California is Western Truck Center, the prime vendor, who will handle the pre-delivery prep of the units and delivery to the City of Berkeley.
The Labrie Wittke 40-yard front loading refuse bodies will be purchased piggybacking off Sourcewell Contract No. 091219-LEG. On July 11, 2019, Sourcewell Released Request for Proposal No. 091219 for Mobile Refuse Collection Vehicles with Related Equipment, Accessories, and Services. The solicitation was released for sixty-four days and nine proposals were submitted. Upon review the Sourcewell Evaluation Committee selected Labrie Enviroquip Group as the best most responsive proposer to meet the specifications thusly awarding Contract No. 091219-LEG. The bodies will be provided by Labrie Enviroquip Group exclusive authorized dealer for Northern California Arata Equipment Company.
ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Public Works Equipment Maintenance endeavors to procure the most fuel-efficient vehicles and equipment that are suitable for the required tasks. At present, the Solid Waste & Recycling Transfer Station is undergoing a replacement project that will include electric vehicle charging capabilities that do not exist at this time. Once construction is completed, commercially available EV alternatives will be purchased.
These collection vehicles will have a projected useful life of 8 years. At the end of this period, the Transfer Station replacement will be completed and will have installed electrical infrastructure to support the commercially-manufactured electric Front Loader collection trucks available at that time.
RATIONALE FOR RECOMMENDATION
Equipment must be replaced on a reasonable schedule to ensure the Public Works Equipment Operators can efficiently, safely, and effectively carry out their duties.
ALTERNATIVE ACTIONS CONSIDERED
None. Keeping equipment longer than its useful life results in higher maintenance costs and excessive downtimes in order to keep operating in a safe and serviceable manner.
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Purchase Order: Western Truck Center CONSENT CALENDAR
for Four Front Loaders April 26, 2022
CONTACT PERSON
Greg Ellington, Superintendent, Department of Public Works (510) 981-6469 Attachment:
1: Resolution
298
RESOLUTION NO. ##,###-N.S.
PURCHASE ORDER: WESTERN TRUCK CENTER FOR FOUR FRONT LOADERS WHEREAS, four front loaders are needed by the City of Berkeley Zero Waste Division for the commercial and residential collection of refuse, recycling, mixed containers (metal, plastic, aluminum.), and food/green materials; and
WHEREAS, the units to be replaced 6377, 6378, 6379 and 6380 have reached the end of their useful life; and;
WHEREAS, equipment must be replaced on a reasonable schedule that allows equipment operators to efficiently and effectively carry out their work; and WHEREAS, City Charter XI Section 67.2 allows the City to purchase goods without undergoing a competitive bid process if the City uses pricing obtained by another entity through a competitive bid process; and
WHEREAS, Sourcewell contract bid procedures satisfy the procurement requirements of the City of Berkeley; and
WHEREAS, funds in the amount of $1,731,000 are available in the FY2022 Equipment Replacement Fund (671).
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order for four Front Loader trucks with Western Truck Center in an amount not to exceed $1,731,000.
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Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]
CONSENT CALENDAR
April 26, 2022
To: Honorable Members of the City Council
From: Mayor Jesse Arreguín
Subject: Bay Area Book Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Fund
RECOMMENDATION
Adopt a Resolution approving the expenditure of an amount not to exceed $1068 from Mayor Arreguin, to the Bay Area Book Festival for the purposes of covering costs associated with personal protective equipment (PPE), with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin.
BACKGROUND
The Bay Area Book Festival has been a Berkeley institution since 2015. Every year for a couple of days, people from all over the world travel to this festival that takes place in Downtown Berkeley, providing an increase in local tax revenues while promoting literacy and diverse cultural viewpoints. This year’s festival will take place on May 7-8, 2022. The slogan for this year’s festival is Books Build Bridges, a message of vital importance given recent trends of book bannings across the country.
The 2020 festival was cancelled due to the COVID-19 pandemic, but was salvaged through virtual events. 2021 also saw the festival be fully virtual. 2022 marks the first time the festival has been in-person since 2019, but with the pandemic still ongoing, extra safety precautions are being put in place to ensure the health and safety of the festival’s participants. Organizers of the festival has requested assistance from the City to cover expenses related to personal protective equipment (PPE). The City has graciously provided test kits to the festival, but the festival needs KN95 masks, hand sanitizer, and sanitation wipes, which has been calculated to cost $1,068.
This annual, world-class, legacy event can enrich the lives of residents, draw visitors, raise revenues, and enhance the city’s reputation regionally and worldwide. Summary of benefits:
• Diverse cultural and literary riches brought to our residents • Increased tax revenues from restaurant, retail stores, and exhibitor sales from 50,000 visitors during festival hours all day Saturday, Saturday night and Sunday, plus from large Authors/VIP party Friday night
• Increased hotel tax revenues
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2022 Bay Area Book Festival CONSENT CALENDAR
April 26, 2022
• Increased parking revenue
• Increased theatre/music venue attendance through co-promoted festival specials
• Focus on Berkeley by the entire Bay Area, thanks to promotions by the SF Chronicle, KQED and other radio coverage, TV coverage, Twitter and more • International attention to the City of Berkeley; a third of festival authors to come from other countries
• Closer connection between town and gown
• Very low cost for the city relative to the benefits because the vast majority of costs are borne by the nonprofit festival organization
FINANCIAL IMPLICATIONS
No General Fund impact; $1068 is available from Mayor Arreguin’s Office Budget discretionary accounts.
ENVIRONMENTAL SUSTAINABILITY
There are no environmental impacts associated with the recommendations in this report.
CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
Attachments:
1: Resolution
302
RESOLUTION NO. ##,###-N.S.
AUTHORIZING THE EXPENDITURE OF SURPLUS FUNDS FROM THE OFFICE
EXPENSE ACCOUNTS OF THE MAYOR AND COUNCILMEMBERS FOR A GRANT
TO PROVIDE PUBLIC SERVICES FOR A MUNICIPAL PUBLIC PURPOSE WHEREAS, Mayor Jesse Arreguin has surplus funds in his office expenditure account; and
WHEREAS, a California non-profit tax exempt corporation, the Bay Area Book Festival seeks funds in the amount of $1068 to provide the following public services; to provide personal protective equipment to provide guests at the festival taking place on May 7-8, 2022 a safe and healthy experience; and
WHEREAS, the provision of such services would fulfill the following municipal public purpose of providing an opportunity to explore social issues and education and to cultivate literacy through the community.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Mayor from their Council Office Budget up to $1068 shall be granted to the Bay Area Book Festival to fund the personal protective equipment that will enable to the festival to go forward in a safe manner.
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Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7100 ● TDD: (510) 981-6903 ● Fax: (510) 981-7199 E-Mail: [email protected]
CONSENT CALENDAR
April 26, 2022
To: Honorable Members of the City Council
From: Mayor Jesse Arreguín, Councilmember Sophie Hahn (Co-Sponsor), Councilmember Kate Harrison (Co-Sponsor), and Councilmember Ben Bartlett (Co-Sponsor)
Subject: Budget Referral: Housing Retention Fund
RECOMMENDATION
Refer to the Fiscal Year 2023 budget process an allocation of $1 million from the American Rescue Plan Act (ARPA) funds to the Eviction Defense Center to supplement the Housing Retention Program, including COVID-19 emergency grants.
BACKGROUND
The American Rescue Plan Act (ARPA), approved in March 2021, is a $1.9 trillion federal aid program to support recovery from COVID-19. $350 billion was set aside for direct financial assistance for states and local jurisdictions. The funds can be used for the following purposes:
Address economic impacts relating to the COVID-19 emergency, including assistance to small businesses, non-profits, and households. Revenue replacement for the provision of government services. Premium pay for essential workers.
Investments in water, sewer, and broadband infrastructure.
The City of Berkeley was allocated $66.6 million. Half the funds were received in May 2021, with the other half expected in May 2022. In the FY 22 budget, a total of over $46 million of ARPA funds was allocated for a variety of purposes. Approximately half of these funds went to the General Fund to fill in the budget deficit caused by the economic impacts of the pandemic. The rest was used to supplement various funds and programs relating to Parks & Recreation, Parking, Public Safety, and business/non- profit support. Over $4 million in ARPA funds have already been earmarked for FY 2023, with approximately $14.6 million left in balance that has yet to be allocated.
Berkeley established the Homeless Prevention Grants Program in 1993, which became the Housing Retention Program in 2008. In 2017, the program was expanded to allow grants of up to $5,000 per household. Households must demonstrate that they are at imminent risk of losing their housing and must meet at least one of the following criteria:
decrease in income; an unexpected medial and/or disability expense; fleeing domestic
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Budget Referral: Housing Retention Fund CONSENT CALENDAR April 26, 2022
violence; work-related vehicle expense; and/or an unexpected significant expense which may be considered eligible. In 2020, a second program was established specifically related to the COVID-19 emergency. Administered by the Eviction Defense Center, these grants are available to people below 80% Area Median Income and adds financial losses related to COVID-19 to the criteria. These grants can total up to $10,000, and households can apply to both for a total of $15,000 in grants if eligible.
According to the Household Pulse Survey by the US Census, 5.0% of residents in the San Francisco-Oakland Metro Area (covering Alameda, Contra Costa, Marin, San Francisco, and San Mateo Counties) are behind on rent and do not believe they will be able to catch up1. The survey also records 47.0% (margin of error +/- 19.3%) of people behind on rent reporting that they believe an eviction or foreclosure is likely within the next couple of months. In a survey conducted on March 6- 17, 2022 by the Public Policy Institute of California, 34% of renters in California and 41% of lower-income residents reported being very concerned about not having enough money to pay for their housing costs.
While the economy is recovering from the impacts of COVID-19, many people remain behind rent. Under Berkeley’s eviction moratorium, people cannot be evicted for lack of payment of rent during the local state of emergency, but property owners can seek back payment of rent through the courts. Additionally, increased inflation and cost of living, which disproportionately impacts low-income households, could put some people in a position of falling behind on rent in the coming months. An infusion of an additional $1 million will help Berkeley tenants who may be at risk of eviction once the eviction moratorium ends. These funds will help provide financial stability to households most in need, in turn preventing an increase in homelessness.
FINANCIAL IMPLICATIONS
$1 million from the American Rescue Plan Act funds.
ENVIRONMENTAL SUSTAINABILITY
There are no environmental impacts associated with the recommendations in this report.
CONTACT PERSON
Mayor Jesse Arreguín 510-981-7100
1 Survey took place between March 2 – March 14, 2022. Estimates are 114,019 people aged 18+ are impacted, or 5.0%. Margin of error is +/- 2.8%. Source: https://www.census.gov/data- tools/demo/hhp/#/?measures=HINSEC&s_metro=41860&areaSelector=msa&periodSelector=43&s_state =00006
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Rashi Kesarwani
Councilmember District 1
CONSENT CALENDAR
April 26, 2022
TO: Honorable Mayor and Members of the City Council
FROM: Councilmember Rashi Kesarwani (Author)
SUBJECT: Budget Referral: Expand Scope of the Downtown Streets Team to Include Services within the Gilman District
RECOMMENDATION
Referral to the City Manager and the FY 2022-23 budget process $50,000 annually to expand the scope of services for the Downtown Streets Team to address the need for enhanced services around commercial and industrial areas in the Gilman District twice weekly.
The Gilman District is defined as the commercial area west of San Pablo Avenue to Eastshore Highway and, on the south, Gilman Street north to the Albany border.
CURRENT SITUATION AND ITS EFFECTS
The Gilman District Experiences High Levels of Trash and Debris. The Gilman District–west of San Pablo Avenue to Eastshore Highway and, on the south, Gilman Street north to the Albany border–has long been the heart of the City’s manufacturing and industrial sectors, while more recently becoming home to wineries, breweries, artisanal food production facilities, non-profits, and maker spaces. The area experiences the following challenges related to trash and debris:
● Build up of trash and debris on sidewalks and streets that obstruct access ● High volume of rodents
● Illegal dumping
The Downtown Streets Team is Deployed to Numerous Other Berkeley Business Districts. The City currently has a contract with the Downtown Streets Team (DST)1 to do a variety of manual beautification services, including removal of leaves and trash from sidewalks and gutters, graffiti abatement, and poster and 1 See Downtown Streets Team webpage
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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● Fax: (510) 981-7111 E-Mail: [email protected]
2 advertising removal from commercial areas. These services complement Public Works’ baseline services that use mechanical street sweepers and pressure washing, and removal of illegally dumped materials from the public right-of-way. Both types of services help keep an area clean and well maintained. The DST deploys teams of local, low-income and homeless residents to service seven different commercial and high-use areas throughout the City. These areas include:
● Downtown Berkeley, serviced three times per week
● Telegraph Avenue, serviced three times per week
● West Berkeley (University and San Pablo area), serviced three times per week ● South Berkeley, serviced two times per week
● North Shattuck, serviced one time per week
● Elmwood, serviced one time per week
● Solano Avenue, soon to be serviced two times per week All the teams work cooperatively with community agencies to ensure team members receive training for the jobs they perform. The goal is to promote self-sufficiency through job training and build effective work habits as well as to provide assistance in securing permanent housing.
The Gilman District Deserves Similar Investment as Other Business Districts.
The Downtown Streets Team provides a low-barrier volunteer work experience model where unhoused participants receive case management, employment services and non-cash basic needs support in exchange for beautifying their community. This investment in keeping the district clean can have an outsized impact as locations that are well maintained tend to invite greater public use which helps to revitalize an area, while poorly maintained and degraded areas invite undesirable behaviors and elements. Regular attention to litter and debris removal and graffiti abatement will create a more welcoming environment for customers, workers, and visitors.
BACKGROUND
The Downtown Streets Team has provided support to the City of Berkeley’s Clean City program since August of 2018 (see attachment). The Clean City Program, developed in 1989, aims to provide clean, debris-free public rights of way within the City by assisting with neighborhood clean-ups, street sweeping, and removal of illegally dumped materials. Over the years the program expanded to include designated hand sweeping zones throughout the City; the work of the DST fulfills this objective as teams deployed to targeted areas hand sweep sidewalks and gutters, complementing the efforts of our Public Works Department.
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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7110 ● Fax: (510) 981-7111 E-Mail: [email protected]
3 FISCAL IMPACT
$50,000 annually for Downtown Streets Team services in the Gilman District two- times per week.
ENVIRONMENTAL SUSTAINABILITY
Keeping our business districts clean and healthy is one of the City’s strategic priorities “to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.”2 The Municipal Regional Stormwater Permit (MRP) also requires the City to reduce the trash flowing into the Bay and local waterway via our storm drainage system. Hand sweeping sidewalks and gutters helps remove built up leaves and debris, which prevents litter from entering the system. Codornices Creek, home to steelhead trout, a threatened species, borders the city along the length of the Gilman District and has been undergoing a process of restoration since the 1990s.
CONTACT PERSON
Rashi Kesarwani, Council District 1 (510) 981-7110 Attachments:
Downtown Streets Team 2018 Contract
2 See the City’s Strategic Plan webpage
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Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager
CONSENT CALENDAR
June 26, 2018
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Phillip L. Harrington, Director, Department of Public Works Subject: Contract: Downtown Streets Team Hand Sweeping, Graffiti Abatement, and Poster Removal Services
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract with Downtown Streets Team
to provide supplemental hand sweeping, graffiti abatement, and poster removal services to support the City’s Clean City Division. Contract amount is not to exceed $645,304 for the two-year period from July 1, 2018 through June 30, 2020.
FISCAL IMPACTS OF RECOMMENDATION
Initial funding of $332,652 for Year One of the Contract is allocated in the FY 2019 Public Works Streets and Operations Division budget account code 820-5502-432- 3038; funding for Year Two of the Contract, FY 2020, is subject to appropriation.
YEAR FISCAL YEAR AMOUNT BUDGET CODE
ONE FY 2019 $322,652 820-5502-432-3038
TWO FY 2020 $322,652 Subject to Appropriation
TOTAL FY 2019 & FY 2020
NTE
$645,304
The contract has been entered into the Contract Management System (CMS) as CMS No. RCWTM.
CURRENT SITUATION AND ITS EFFECTS
The Department of Public Works Clean City Program, (the Program) is responsible for maintaining clean City streets, gutters, and sidewalks by providing mechanical street sweeping, pressure washing, and removal of illegally dumped items from rights of way, litter and graffiti abatement services.
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Downtown Streets Team Hand Sweeping, Graffiti Abatement, CONSENT CALENDAR and Poster Removal Services June 26, 2018
To supplement the baseline services provided by Public Works staff; ensuring that the Program meets standards of cleanliness and safety and promotes beautification of the City’s commercial districts, the Clean City Program relies upon contractor supplied hand sweeping, graffiti abatement, and poster removal services.
The contract for
these supplemental services has expired; thus, the Clean City Program has not had the critical assistance required to maintain standards of cleanliness, safety, and appearance in the City’s commercial districts.
BACKGROUND
The Clean City Program was developed in 1989 with the objective of providing clean, debris-free public rights of way for the City. In the 1990s the Program expanded to include designated hand sweeping zones for the City’s South Berkeley, West Berkeley, Telegraph Avenue, and Downtown Berkeley commercial districts. In 2012, with an emphasis on further enhancing the appearance of these commercial districts, the City issued a Request for Proposal (RFP) for supplemental hand sweeping, leaf and litter abatement services (Specification No. 12-10677-C) to support the Public Works staff, ultimately entering into a contract, which expired December 31, 2017.
The Department of
Public Works does not have sufficient staff to absorb the hand sweeping, debris and litter abatement duties previously performed by the contractor.
Furthermore, to enable the Clean City Program to expand its services to three additional commercial districts: Solano, North Shattuck, and Elmwood, Public Works issued a new RFP (Specification No. 18-11185-C) in December 2017 at an estimated cost of $640,000. Four responses were received in January 2018. A panel of three managers representing the City’s Public Works, Health Housing and Community Services, and Economic Development Departments evaluated the responses against the requirements specified in the RFP. Downtown Streets Team (DST) was selected as the lowest responsive and best qualified bidder to meet the Clean City Program’s needs; demonstrating both a thorough comprehension of the scope of services to be delivered and a proven program model by which very low income, unhoused persons working as DST Team Members to beautify their community, receive employment services, training, and other support to promote self-sufficiency in preparation for reentering the workforce and securing permanent housing.
ENVIRONMENTAL SUSTAINABILITY
The Municipal Regional Stormwater Permit (MRP) requires the City to reduce the amount of trash flowing into local waterways and the San Francisco Bay via the City’s storm drainage system. Hand sweeping in commercial districts helps to prevent litter from entering the City’s storm drainage system. As required by the MRP, the Public Works Department has installed more than 400 Full Trash Capture Devices (FTCDs) in catch basins throughout the City. FTCDs are concentrated in the City’s commercial districts as these districts are among the highest trash generating areas. Hand- sweeping prevents trash from getting caught in the FTCDs, reducing the amount of maintenance required to be performed by Public Works staff on these devices.
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Downtown Streets Team Hand Sweeping, Graffiti Abatement, CONSENT CALENDAR and Poster Removal Services June 26, 2018
RATIONALE FOR RECOMMENDATION
The DST Program is designed to complement the City’s Clean City Program by maintaining clear,
unobstructed pedestrian rights of way and enhancing the appearance of the City’s seven commercial districts. Additionally, the DST Program, as operated in other cities throughout Northern California, has been proven successful in delivering contracted services and in placing its team members into employment and permanent housing.
Without the support from
DST to supplement baseline services provided by Public
Works staff, the Clean City Program would be unable to maintain established standards of cleanliness and beautification in the City’s seven commercial districts.
ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered. Without the supplemental support provided by a contracted vendor, the Clean City Program is unable to maintain cleanliness and appearance standards in the City’s commercial districts.
CONTACT PERSON
Kem Loong, Superintendent of Operations, Department of Public Works (510) 981-6479 Attachments:
1: Resolution
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RESOLUTION NO. ##,###-N.S.
CONTRACT:
DOWNTOWN STREETS TEAM FOR HAND SWEEPING, GRAFFITI
ABATEMENT, AND POSTER REMOVAL SERVICES
WHEREAS, the City’s Department of Public Works Clean City Program is responsible for maintaining clean, unobstructed sidewalks and gutters, and an enhanced appearance in the City’s seven commercial districts; and
WHEREAS, Public Works staff relies upon supplemental, contractor-provided hand sweeping, graffiti abatement, and poster removal services to maintain established standards of cleanliness and beautification; and
WHEREAS, the City is committed to supporting programs which promote the low income, un-housed community in becoming more self-sufficient through job training and leadership opportunities to rebuild effective work habits, and with assistance in securing permanent housing; and
WHEREAS, the City
issued a request for written proposals from qualified firms to provide supplemental hand sweeping, graffiti abatement, and poster removal services, (Specification No. 18-11185-C); and received four qualifying vendor responses; and WHEREAS, a management team representing the City’s Public Works, Heath Housing and Community Services, and Economic Development Departments evaluated each of the proposals for cost, experience, qualifications, responsiveness, and references; and determined that Downtown Streets Team (DST) was the lowest and most responsive, best qualified bidder to meet specific City needs; and
WHEREAS, initial funding
is available in the FY2019 budget 820-5502-432-3038 and subsequent funding for FY2020 is subject to appropriation; the contract has been entered into the Contract Management System (CMS) as CMS No. RCWTM.
NOW THEREFORE, BE
IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments or extensions with Downtown Streets Team to provide supplemental Hand Sweeping, Graffiti Abatement, and Poster Removal Services for the City’s Clean City Program, for a total not to exceed $645,304 from July 1, 2018 through June 30, 2020. A record signature copy of said contract will be on file in the Office of the City Clerk.
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2180 Milvia Street, Berkeley, Floor 5, CA 94704 ● Tel: (510) 981-7130 ● E-Mail: [email protected] 1 CONSENT CALENDAR
April 26, 2022
To: Honorable Mayor and Members of the City Council
From: Councilmember Ben Bartlett (Author), Mayor Jesse Arreguin (Co-Sponsor) Subject: Convert 62nd Street between King St, and Adeline St. into a cul de sac with a marked bicycle lane connecting Adeline St. to the bicycle boulevard on King St.
RECOMMENDATION
Refer to the Fiscal Year 2022/2023 Budget Process, an allocation of $300,000 to convert 62nd Street between King St. and Adeline St. into a cul de sac with a marked bicycle lane connecting Adeline St. to the bicycle boulevard on King St.
CURRENT SITUATION
The short block of 62nd Street and the intersection of 62nd Street and King Street between Adeline and King Streets has been plagued by dangerous driving behavior that threatens pedestrians, cyclists, and motorists. These observed behaviors include speeding, not stopping at stop signs, and not yielding to pedestrians, all of which have led to near-miss collisions.
These conditions increase the risks of car accidents and endanger pedestrians and bicyclists.
The risk to bicyclists is especially dangerous in this area because 62nd Street feeds directly into the bicycle thoroughfare on King Street. Residents at this intersection have observed near misses almost every day, particularly during rush hours when both cars and bicyclists commute through the 62nd Street and King Street intersection on a regular basis.
In August 2021, the section of 62nd Street between Adeleine and King Street was converted to a one-way street in the direction of Adeleine in an attempt to mitigate this dangerous situation and prevent accidents, particularly involving cyclists on bicycle boulevards and pedestrians. The residents of the neighborhood are grateful to the city for taking this step and, if the one-way street was legally observed by drivers, would be an excellent solution to the safety problems.
Unfortunately, dozens of cars each day ignore the one-way designation and the clear signage and drive the wrong way down the one-way street. The residents of the neighborhood have worked hard to educate drivers about the one-way street, purchasing bright cones to mark the signs, adding Do Not Enter signs, and talking to drivers to let them know it is now one-way. In this effort, residents have often been met with belligerence and aggression from many drivers who simply don’t care and who want to drive the wrong way down the street as a cut-through.
In addition to personal vehicles, UPS, Amazon delivery trucks, and ride-sharing services such as Uber and Lyft drivers regularly drive the wrong way down the one-way street.
This unforeseen disregard for the one-way designation of the block has created a particularly dangerous situation as there is now one lane for traffic going both directions. There have been countless near-misses and a tragic head-on collision is simply a matter of time. Cars coming off Adeleine are often illegally coming into the block fast and there is now no stop sign directing them to stop at the 62nd Street and King Street intersection of bicycle boulevard (because no one is expected to be driving in that direction). There is now regular, illegal (wrong way) and unexpected traffic driving across bicycle boulevard in the wrong direction without a protective stop sign.
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2180 Milvia Street, Berkeley, Floor 5, CA 94704 ● Tel: (510) 981-7130 ● E-Mail: [email protected] 2 This area receives significant traffic by pedestrians, cars, and bicyclists, particularly on Farmers Market Days (Tuesdays), and furthermore, there are a total of seventeen children and numerous families with pets that live on 62nd Street. Multiple pedestrians and bicyclists have already been injured as a result of traffic issues. By sheer luck, none of these accidents have been fatal, but the City must support infrastructure that promotes pedestrian safety and reduces traffic collisions in order to avoid a tragedy.
BACKGROUND
The intersection of 62nd Street and King Street, which is located near the border of Oakland, has had numerous issues with crime. In recent years, illegal dumping, gunfire, and various traffic violations have proliferated. There have been regular cases of gun-related crimes at this intersection. Most recently, there were drive-by shootings that occurred on Nov, 29, 20211.
In order to deter traffic violations, traffic circles and stop signs have been installed.
Unfortunately, as mentioned previously, these measures have been insufficient in curbing the issue of reckless driving and preventing traffic collisions and confusion. Further work needs to be done in order to deter traffic violations and ensure pedestrian and bike safety. The residents of the neighborhood that is plagued by dangerous and illegal driving want to see clear safe passage marked for pedestrians and bicyclists.
Based on community consultations, many people have supported transitioning this busy intersection into a cul-de-sac, including all the residents who are at the most dangerous parts of the 62nd Street corridor between Adeline and King Street. Doing this would contain the traffic flow, make it easier for pedestrians to cross the street, and decrease the number of traffic violations. Those wishing to access the neighborhood can do so a half block from 62nd and Adeline by making a right turn at Adeline and King St. Here, the turn is more likely to slow traffic coming into the neighborhood because it is a sharper right turn rather than a gentle turn that does not promote slowing down. Although this item is not a silver bullet in addressing all of the problems, it is a needed step in order to bring much needed safety to the area.
The Council should refer to the Public Works Department to formulate a plan that would convert 62nd Street into a cul-de-sac at Adeline St. to block off motorists while providing an accessible biking path. Residents have shared substantive drawings, proposals, pictures, and concepts with Public Works staff on January 14, 2022. If this item passes, the Department should move forward with this request once its staff has addressed their immediate priorities.
RATIONALE FOR RECOMMENDATION
In Berkeley, street safety is a priority. Based on consultations with constituents and reported crimes, action must be taken to substantially decrease traffic violations and prevent the potential for serious injury at this intersection. The urgency for this action is particularly high given the number of young children who live at or near this intersection as well as patrons of the Farmers Market, and cyclists who use the King St. bike boulevard.
REVIEW OF EXISTING PLANS, PROGRAMS, POLICIES, AND LAWS
In December of 2013, the City Council adopted the Complete Streets Policy which is determined to create a “comprehensive, integrated transportation network with infrastructure and design 1 https://www.dailycal.org/2020/08/17/berkeley-police-department-responds-to-reports-of-gunfire/
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2180 Milvia Street, Berkeley, Floor 5, CA 94704 ● Tel: (510) 981-7130 ● E-Mail: [email protected] 3 that allows safe and convenient travel”2 for all users. This includes pedestrians, persons with disabilities, motorists, bicyclists, users, and operators of public transportation, seniors, children, youth, and families.
The Complete Streets Policy goal is to “provide safe, comfortable, and convenient travel along and across streets.”3 If the City is dedicated to creating a community of traffic safety that protects all pedestrians from auto-related accidents, the Council should look into transitioning parts 62nd Street and Adeline into a cul-de-sac, which would create a valuable connecting corridor for bicyclists from Adeline onto King Street.
CONSULTATION OVERVIEW
The District 3 Office and the Berkeley Police Department have met with constituents to discuss the rampant issues in this neighborhood. Constituent concerns with safety, along with their demands on converting 62nd Street and Adeline into a cul-de-sac, have informed this recommendation. The Berkeley Police Department have offered their support of the cul-de-sac in a meeting with residents on January 14, 2022, stating that emergency vehicle access have viable and pragmatic alternative in accessing this area quickly via King Street just a half block from the intersection. Residents have shared substantive drawings, proposals, pictures, and concepts with Public Works staff in the same January 14, 2022 meeting.
As mentioned earlier, there are many bikes that use this street as a connection to the King Street bicycle boulevard, or to get to the Oakland bike path on 61st street. One proposal is to convert part of 62nd street into a bike lane. This would act as a safe corridor for bicyclists coming off Adeline Street to easily access bicycle boulevard, a safe crossing for pedestrians and ensure that the street and space are actively used to prevent the creation of “inactive space” that could be used for loitering or partying by liquor store patrons (an issue already). 2 https://www.cityofberkeley.info/completestreetspolicy/ 3https://www.cityofberkeley.info/uploadedFiles/Public_Works/Level_3_- _Transportation/Berkeley%20Complete%20Street%20Resolution%2012%2011%2012.pdf
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2180 Milvia Street, Berkeley, Floor 5, CA 94704 ● Tel: (510) 981-7130 ● E-Mail: [email protected] 4 ENVIRONMENTAL SUSTAINABILITY
No adverse effects on the environment. A cul-de-sac conversion will help mitigate traffic, promote pedestrian safety, and create a safer intersection for families, pedestrians, and bicyclists. Drivers heading east onto Adeline can easily do so by accessing 63rd street, one block away.
FISCAL IMPACTS
Staff time and additional costs are to be determined by the Public Works Department.
The $300,000 allocation represents $50,000 to $100,000 for design including small scale community engagement, plus the remainder to construct. If additional street lights may be required, this could be raised to $300,000.
CONTACT PERSON
Councilmember Ben Bartlett 510-981-7130
James Chang 510-981-7131
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Kate Harrison
Vice Mayor, District 4
CONSENT CALENDAR
April 26, 2022
To: Honorable Mayor and Members of the City Council
From: Vice Mayor Harrison and Councilmember Hahn
Subject: Adopt a Resolution in Support of California State Assembly Bill 2557 (Bonta): Specifying That Records of Civilian Law Enforcement Oversight Agencies Are Subject to the Disclosure Requirements of the Public Records Act
RECOMMENDATION
Adopt a Resolution in support of California State Assembly Bill 2557 (Bonta) that specifies that records and information obtained from records of civilian law enforcement oversight agencies are subject to the disclosure requirements of the public records act and not considered confidential.
Send copies of the resolution and letters to Governor Newsom, State Senator Skinner, and Assemblymembers Wicks and Bonta.
CURRENT SITUATION, EFFECTS, AND RATIONALE FOR RECOMMENDATION Due to a 2006 California Supreme Court decision, Copley Press, Inc. v. Superior Court, (2006) 39 Cal.4th 1272), records and information obtained from records of civilian law enforcement oversight agencies are treated as if they were confidential personnel records held by police departments. Accordingly, those agencies have been required since 2006 to withhold from the public most, if not all, investigations of law enforcement officer misconduct. This is in stark contrast to the operation of civilian law enforcement oversight agencies prior to the Copley Press decision, which, until that decision, operated with full transparency.
The remedy is a direct legislative repeal of Copley Press, including specific legislative language allowing civilian law enforcement oversight agencies to operate openly and transparently, as was the practice prior to 2006.
AB 2557 amends California Penal Code Section 832.7 to specify that records and information obtained from records of civilian law enforcement oversight agencies are subject to the disclosure requirements of the Public Records Act (Government Code
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Adopt a Resolution in Support of California State Assembly Bill 2557 (Bonta): Specifying That Records of Civilian Law Enforcement Oversight Agencies Are Subject to the Disclosure Requirements of the Public Records Act
CONSENT CALENDAR
April 26, 2022
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 644-1174 E-Mail: [email protected]
Section 6250 et seq.) and not considered confidential pursuant to Penal Code Section 832.7.
BACKGROUND
The civil unrest in the wake of the murder of George Floyd at the hands of former Minneapolis Police Officer Derek Chauvin, and numerous other unlawful acts committed by law enforcement personnel, has caused our nation to urgently scrutinize policing activities and reimagine public safety, especially with the understanding that the historic and systemic abuses of police authority disproportionately fall on minority and at-risk communities.
Black and Latinx individuals make up a combined 25% of the United States population but comprise over 75% of the victims of fatal police shootings in the past 5 years, such as the recent killings of Sean Monterrosa by the Vallejo Police Department and of Erik Salgado by the California Highway Patrol. It is critical that decisions and oversight concerning community policing occur in the full light of day so that residents can understand precisely the scope of disparate policing outcomes and any alleged violations of civil rights, policies, or the law.
At least 25 California municipalities, including Berkeley and most of our largest cities, have established civilian law enforcement oversight boards to provide necessary public oversight of policing activities in the community. A 15-year-old ruling from the California Supreme Court is causing the work of many California civilian oversight boards to be unnecessarily constrained by confidentiality requirements that are antithetical to the public work those boards are mandated to undertake.
For decades before the Copley decision, civilian oversight agencies had acted openly and not subject to employment confidentiality laws. Once the Copley decision came out those same bodies were required to cloak their work in secrecy. Civilian police oversight agencies are important checks on law enforcement activities and should be allowed to reopen their investigations to public review.
FISCAL IMPACTS OF RECOMMENDATION
This proposal will save jurisdictions money by avoiding countless hours of redactions and costly settlements resulting from non-compliance with CPRA requests for documents since the passage of SB 1421 and SB 16. Staff time will be necessary for the Clerk to send letters to the Governor and state legislators.
ENVIRONMENTAL SUSTAINABILITY
No discernable impact.
CONTACT PERSON
Vice Mayor Kate Harrison, (510) 981-7140
ATTACHMENTS
320
Adopt a Resolution in Support of California State Assembly Bill 2557 (Bonta): Specifying That Records of Civilian Law Enforcement Oversight Agencies Are Subject to the Disclosure Requirements of the Public Records Act
CONSENT CALENDAR
April 26, 2022
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7140 ● TDD: (510) 981-6903 ● Fax: (510) 644-1174 E-Mail: [email protected]
1. Resolution
2. Letters
3. Legislation
321
RESOLUTION NO. ##,###-N.S.
ADOPT A RESOLUTION IN SUPPORT OF CALIFORNIA STATE ASSEMBLY BILL 2557 (BONTA): SPECIFYING THAT RECORDS OF CIVILIAN LAW ENFORCEMENT OVERSIGHT
AGENCIES ARE SUBJECT TO THE DISCLOSURE REQUIREMENTS OF THE PUBLIC
RECORDS ACT
WHEREAS, in Copley Press, Inc. v. Superior Court (2006) 39 Cal.4th 1272, the California State Supreme Court decided that records and information obtained from records of civilian law enforcement oversight agencies will be treated as if they were confidential personnel records held by police departments; and
WHEREAS, as these records are considered confidential, agencies have been required to withhold almost all such records involving investigations of officer misconduct; and WHEREAS, the Copley Press decision prevents the public from learning the extent of any discipline, but for some minimal exceptions, that may have been imposed as a result of misconduct; and
WHEREAS, prior to 2006, civilian law enforcement oversight agencies operated with full transparency; and
WHEREAS, the ability for the public to have access to information regarding complaints about police misconduct and the response to any such complaints builds public confidence in the ability of government to hold police officers who engage in misconduct accountable; and WHEREAS, if AB 2557 is enacted into law, the legislation will save jurisdictions time and resources currently being expended on redactions and settlements for non-compliance with public records requests for documents following the passage of both Senate Bill 1421 and Senate Bill 16; and
WHEREAS, AB 2557 is a direct legislative repeal of the Copley Press decision; and WHEREAS, AB 2557 will allow civilian law enforcement agencies to operate transparently as they did prior to 2006.
NOW, THEREFORE BE IT RESOLVED, that the Berkeley City Council hereby endorses AB 2557 and urges the California State Legislature and Governor Gavin Newsom to support its enactment into law.
BE IT FURTHER RESOLVED that copies of this Resolution and letters will be sent to Governor Newsom, State Senator Skinner, and Assemblymembers Wicks and Bonta.
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The Honorable Governor Gavin Newsom
1021 O Street, Suite 9000
Sacramento, CA 95814
RE: AB 2557 (Bonta) Peace Officers Records
Dear Governor Newsom,
The Berkeley City Council conveys its support for AB 2557 (Bonta). AB 2557 amends California Penal Code Section 832.7 to specify that records and information obtained from records of civilian law enforcement oversight agencies are subject to the disclosure requirements of the Public Records Act (Government Code Section 6250 et seq.) and not considered confidential pursuant to Penal Code Section 832.7.
Because of a 2006 state supreme court decision, Copley Press, Inc. v. Superior Court, (2006) 39 Cal.4th 1272), records and information obtained from records of civilian law enforcement oversight agencies are treated as if they were confidential personnel records held by police departments. Accordingly, those agencies have been required since 2006 to withhold from the public, most if not all, investigations of law enforcement officer misconduct. This is in stark contrast to the operation of civilian law enforcement oversight agencies prior to the Copley Press decision, which, until that decision, operated with full transparency.
The civil unrest in the wake of the callous murder of George Floyd at the hands of former Minneapolis Police Officer Derek Chauvin, and numerous other similar atrocities committed by law enforcement personnel, has caused our nation to urgently scrutinize community policing activities with the manifest realization that the historic and systemic abuses of police authority disproportionately fall on minority and at-risk communities. As a glaring statistic evidencing this point, Black and Latinx individuals make up a combined 25% of the United States population but comprise over 75% of the victims of fatal police shootings in the past 5 years, such as the recent killings of Sean Monterrosa by the Vallejo Police Department and of Erik Salgado by the California Highway Patrol. It is more important, now than ever, that decisions concerning community policing occur in the full light of day so that our communities can understand precisely the scope of the systemic problem of abusive police tactics and what our local governments can do to best eliminate those abuses.
At least 25 California municipalities, including Berkeley, have established civilian law enforcement oversight boards to provide necessary public oversight of policing activities in the community. Many such civilian oversight boards have been in existence for decades, including the Oakland Police Commission and its predecessor, the Oakland Citizens’ Police Review Board.
Unfortunately, a 15 year-old ruling from the California Supreme Court is causing the the work of civilian oversight boards across the state, to be unnecessarily constrained by confidentiality requirements that are antithetical to the public work those boards are mandated to undertake.
323
For decades before the Copley decision, civilian oversight agencies had acted openly and not subject to employment confidentiality laws. Once the Copley decision came out those same bodies were required to cloak their work in secrecy, and that unnecessary secrecy is still happening.
This is not right. Civilian police oversight agencies operate as a needed check on law enforcement and should be allowed to reopen their investigations to public review. AB 2557 accomplishes this through a direct legislative repeal of Copley. By passing this amendment, not only will California show its commitment to current civilian oversight agencies but will also encourage other jurisdictions to create civilian oversight agencies to ensure that law enforcement in California is truly working for all people.
For these reasons, Berkeley City Council supports AB 2557.
Sincerely,
The Berkeley City Council
324
The Honorable State Senator Nancy Skinner
Capitol Office, 1021 O Street, Suite 8630
Sacramento, CA 95814
RE: AB 2557 (Bonta) Peace Officers Records
Dear Senator Skinner,
The Berkeley City Council conveys its support for AB 2557 (Bonta). AB 2557 amends California Penal Code Section 832.7 to specify that records and information obtained from records of civilian law enforcement oversight agencies are subject to the disclosure requirements of the Public Records Act (Government Code Section 6250 et seq.) and not considered confidential pursuant to Penal Code Section 832.7.
Because of a 2006 state supreme court decision, Copley Press, Inc. v. Superior Court, (2006) 39 Cal.4th 1272), records and information obtained from records of civilian law enforcement oversight agencies are treated as if they were confidential personnel records held by police departments. Accordingly, those agencies have been required since 2006 to withhold from the public, most if not all, investigations of law enforcement officer misconduct. This is in stark contrast to the operation of civilian law enforcement oversight agencies prior to the Copley Press decision, which, until that decision, operated with full transparency.
The civil unrest in the wake of the callous murder of George Floyd at the hands of former Minneapolis Police Officer Derek Chauvin, and numerous other similar atrocities committed by law enforcement personnel, has caused our nation to urgently scrutinize community policing activities with the manifest realization that the historic and systemic abuses of police authority disproportionately fall on minority and at-risk communities. As a glaring statistic evidencing this point, Black and Latinx individuals make up a combined 25% of the United States population but comprise over 75% of the victims of fatal police shootings in the past 5 years, such as the recent killings of Sean Monterrosa by the Vallejo Police Department and of Erik Salgado by the California Highway Patrol. It is more important, now than ever, that decisions concerning community policing occur in the full light of day so that our communities can understand precisely the scope of the systemic problem of abusive police tactics and what our local governments can do to best eliminate those abuses.
At least 25 California municipalities, including Berkeley, have established civilian law enforcement oversight boards to provide necessary public oversight of policing activities in the community. Many such civilian oversight boards have been in existence for decades, including the Oakland Police Commission and its predecessor, the Oakland Citizens’ Police Review Board.
Unfortunately, a 15 year-old ruling from the California Supreme Court is causing the the work of civilian oversight boards across the state, to be unnecessarily constrained by confidentiality requirements that are antithetical to the public work those boards are mandated to undertake.
325
For decades before the Copley decision, civilian oversight agencies had acted openly and not subject to employment confidentiality laws. Once the Copley decision came out those same bodies were required to cloak their work in secrecy, and that unnecessary secrecy is still happening.
This is not right. Civilian police oversight agencies operate as a needed check on law enforcement and should be allowed to reopen their investigations to public review. AB 2557 accomplishes this through a direct legislative repeal of Copley. By passing this amendment, not only will California show its commitment to current civilian oversight agencies but will also encourage other jurisdictions to create civilian oversight agencies to ensure that law enforcement in California is truly working for all people.
For these reasons, Berkeley City Council supports AB 2557.
Sincerely,
The Berkeley City Council
326
The Honorable Assemblymember Buffy Wicks
Capitol Office, 1021 O Street, Suite 4240
P.O. Box 942849, Sacramento, CA 94249-0015
RE: AB 2557 (Bonta) Peace Officers Records
Dear Assemblymember Wicks,
The Berkeley City Council conveys its support for AB 2557 (Bonta). AB 2557 amends California Penal Code Section 832.7 to specify that records and information obtained from records of civilian law enforcement oversight agencies are subject to the disclosure requirements of the Public Records Act (Government Code Section 6250 et seq.) and not considered confidential pursuant to Penal Code Section 832.7.
Because of a 2006 state supreme court decision, Copley Press, Inc. v. Superior Court, (2006) 39 Cal.4th 1272), records and information obtained from records of civilian law enforcement oversight agencies are treated as if they were confidential personnel records held by police departments. Accordingly, those agencies have been required since 2006 to withhold from the public, most if not all, investigations of law enforcement officer misconduct. This is in stark contrast to the operation of civilian law enforcement oversight agencies prior to the Copley Press decision, which, until that decision, operated with full transparency.
The civil unrest in the wake of the callous murder of George Floyd at the hands of former Minneapolis Police Officer Derek Chauvin, and numerous other similar atrocities committed by law enforcement personnel, has caused our nation to urgently scrutinize community policing activities with the manifest realization that the historic and systemic abuses of police authority disproportionately fall on minority and at-risk communities. As a glaring statistic evidencing this point, Black and Latinx individuals make up a combined 25% of the United States population but comprise over 75% of the victims of fatal police shootings in the past 5 years, such as the recent killings of Sean Monterrosa by the Vallejo Police Department and of Erik Salgado by the California Highway Patrol. It is more important, now than ever, that decisions concerning community policing occur in the full light of day so that our communities can understand precisely the scope of the systemic problem of abusive police tactics and what our local governments can do to best eliminate those abuses.
At least 25 California municipalities, including Berkeley, have established civilian law enforcement oversight boards to provide necessary public oversight of policing activities in the community. Many such civilian oversight boards have been in existence for decades, including the Oakland Police Commission and its predecessor, the Oakland Citizens’ Police Review Board.
Unfortunately, a 15 year-old ruling from the California Supreme Court is causing the the work
327
of civilian oversight boards across the state, to be unnecessarily constrained by confidentiality requirements that are antithetical to the public work those boards are mandated to undertake.
For decades before the Copley decision, civilian oversight agencies had acted openly and not subject to employment confidentiality laws. Once the Copley decision came out those same bodies were required to cloak their work in secrecy, and that unnecessary secrecy is still happening.
This is not right. Civilian police oversight agencies operate as a needed check on law enforcement and should be allowed to reopen their investigations to public review. AB 2557 accomplishes this through a direct legislative repeal of Copley. By passing this amendment, not only will California show its commitment to current civilian oversight agencies but will also encourage other jurisdictions to create civilian oversight agencies to ensure that law enforcement in California is truly working for all people.
For these reasons, Berkeley City Council supports AB 2557.
Sincerely,
The Berkeley City Council
328
The Honorable Assemblymember Mia Bonta
Capitol Office, 1021 O Street, Suite 5620
P.O. Box 942849, Sacramento, CA 94249-0018
RE: AB 2557 (Bonta) Peace Officers Records
Dear Assemblymember Bonta,
The Berkeley City Council conveys its support for AB 2557 (Bonta). AB 2557 amends California Penal Code Section 832.7 to specify that records and information obtained from records of civilian law enforcement oversight agencies are subject to the disclosure requirements of the Public Records Act (Government Code Section 6250 et seq.) and not considered confidential pursuant to Penal Code Section 832.7.
Because of a 2006 state supreme court decision, Copley Press, Inc. v. Superior Court, (2006) 39 Cal.4th 1272), records and information obtained from records of civilian law enforcement oversight agencies are treated as if they were confidential personnel records held by police departments. Accordingly, those agencies have been required since 2006 to withhold from the public, most if not all, investigations of law enforcement officer misconduct. This is in stark contrast to the operation of civilian law enforcement oversight agencies prior to the Copley Press decision, which, until that decision, operated with full transparency.
The civil unrest in the wake of the callous murder of George Floyd at the hands of former Minneapolis Police Officer Derek Chauvin, and numerous other similar atrocities committed by law enforcement personnel, has caused our nation to urgently scrutinize community policing activities with the manifest realization that the historic and systemic abuses of police authority disproportionately fall on minority and at-risk communities. As a glaring statistic evidencing this point, Black and Latinx individuals make up a combined 25% of the United States population but comprise over 75% of the victims of fatal police shootings in the past 5 years, such as the recent killings of Sean Monterrosa by the Vallejo Police Department and of Erik Salgado by the California Highway Patrol. It is more important, now than ever, that decisions concerning community policing occur in the full light of day so that our communities can understand precisely the scope of the systemic problem of abusive police tactics and what our local governments can do to best eliminate those abuses.
At least 25 California municipalities, including Berkeley, have established civilian law enforcement oversight boards to provide necessary public oversight of policing activities in the community. Many such civilian oversight boards have been in existence for decades, including the Oakland Police Commission and its predecessor, the Oakland Citizens’ Police Review Board.
Unfortunately, a 15 year-old ruling from the California Supreme Court is causing the the work of civilian oversight boards across the state, to be unnecessarily constrained by confidentiality requirements that are antithetical to the public work those boards are mandated to undertake.
329
For decades before the Copley decision, civilian oversight agencies had acted openly and not subject to employment confidentiality laws. Once the Copley decision came out those same bodies were required to cloak their work in secrecy, and that unnecessary secrecy is still happening.
This is not right. Civilian police oversight agencies operate as a needed check on law enforcement and should be allowed to reopen their investigations to public review. AB 2557 accomplishes this through a direct legislative repeal of Copley. By passing this amendment, not only will California show its commitment to current civilian oversight agencies but will also encourage other jurisdictions to create civilian oversight agencies to ensure that law enforcement in California is truly working for all people.
For these reasons, Berkeley City Council supports AB 2557.
Sincerely,
The Berkeley City Council
330
california legislature—2021–22 regular session
ASSEMBLY BILL No. 2557
Introduced by Assembly Member Mia Bonta
February 17, 2022
An act to amend Section 832.7 of the Penal Code, relating to peace officers.
legislative counsel’s digest
AB 2557, as introduced, Mia Bonta. Peace officers: records.
Existing law, the California Public Records Act, requires a state or local public agency to make public records available for public inspection and to make copies available upon request and payment of a fee, unless the records are exempt from disclosure. Existing law makes peace officer and custodial officer personnel records and specified records maintained by any state or local agency, or information obtained from these records, confidential and prohibits these records from being disclosed in any criminal or civil proceeding except by discovery.
This bill would make records and information obtained from records maintained by an agency or body established by a city, county, city and county, local government entity, state agency, or state department for the purpose of civilian oversight of peace officers subject to disclosure pursuant to the California Public Records Act. The bill would require those records to be redacted only as specified. By increasing duties on local entities, this bill would create a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state.
Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state,
99
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reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
V ote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
line 1 SECTION 1. The Legislature finds and declares that public line 2 access to information concerning civilian complaints regarding line 3 peace officers, including the records of proceedings of civilian law line 4 enforcement review agencies, is crucial to safe and effective law line 5 enforcement in the state. It is the intent of the Legislature, in line 6 enacting this act, to abrogate the decision in Copley Press, Inc. v. line 7 Superior Court (2006) 39 Cal.4th 1272, to restore public access to line 8 peace officer records, and to restore public access to meetings and line 9 hearings that were open to the public prior to the Copley Press line 10 decision.
line 11 SEC. 2. Section 832.7 of the Penal Code is amended to read:
line 12 832.7. (a) Except as provided in subdivision (b), the personnel line 13 records of peace officers and custodial officers and records line 14 maintained by a state or local agency pursuant to Section 832.5, line 15 or information obtained from these records, are confidential and line 16 shall not be disclosed in any criminal or civil proceeding except line 17 by discovery pursuant to Sections 1043 and 1046 of the Evidence line 18 Code. This section does not apply to investigations or proceedings line 19 concerning the conduct of peace officers or custodial officers, or line 20 an agency or department that employs those officers, conducted line 21 by a grand jury, a district attorney’s office, or the Attorney line 22 General’s office, or the Commission on Peace Officer Standards line 23 and Training.
line 24 (b) (1) Notwithstanding subdivision (a), subdivision (f) of line 25 Section 6254 of the Government Code, or any other law, the line 26 following peace officer or custodial officer personnel records and line 27 records maintained by a state or local agency shall not be line 28 confidential and shall be made available for public inspection line 29 pursuant to the California Public Records Act (Chapter 3.5 line 30 (commencing with Section 6250) of Division 7 of Title 1 of the line 31 Government Code):
line 32 (A) A record relating to the report, investigation, or findings of line 33 any of the following:
99 — 2 — AB 2557
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line 1 (i) An incident involving the discharge of a firearm at a person line 2 by a peace officer or custodial officer.
line 3 (ii) An incident involving the use of force against a person by line 4 a peace officer or custodial officer that resulted in death or in great line 5 bodily injury.
line 6 (iii) A sustained finding involving a complaint that alleges line 7 unreasonable or excessive force.
line 8 (iv) A sustained finding that an officer failed to intervene against line 9 another officer using force that is clearly unreasonable or excessive. line 10 (B) (i) Any record relating to an incident in which a sustained line 11 finding was made by any law enforcement agency or oversight line 12 agency that a peace officer or custodial officer engaged in sexual line 13 assault involving a member of the public.
line 14 (ii) As used in this subparagraph, “sexual assault” means the line 15 commission or attempted initiation of a sexual act with a member line 16 of the public by means of force, threat, coercion, extortion, offer line 17 of leniency or other official favor, or under the color of authority. line 18 For purposes of this subparagraph, the propositioning for or line 19 commission of any sexual act while on duty is considered a sexual line 20 assault.
line 21 (iii) As used in this subparagraph, “member of the public” means line 22 any person not employed by the officer’s employing agency and line 23 includes any participant in a cadet, explorer, or other youth program line 24 affiliated with the agency.
line 25 (C) Any record relating to an incident in which a sustained line 26 finding was made by any law enforcement agency or oversight line 27 agency involving dishonesty by a peace officer or custodial officer line 28 directly relating to the reporting, investigation, or prosecution of line 29 a crime, or directly relating to the reporting of, or investigation of line 30 misconduct by, another peace officer or custodial officer, including, line 31 but not limited to, false statements, filing false reports, destruction, line 32 falsifying, or concealing of evidence, or perjury. line 33 (D) Any record relating to an incident in which a sustained line 34 finding was made by any law enforcement agency or oversight line 35 agency that a peace officer or custodial officer engaged in conduct line 36 including, but not limited to, verbal statements, writings, online line 37 posts, recordings, and gestures, involving prejudice or line 38 discrimination against a person on the basis of race, religious creed, line 39 color, national origin, ancestry, physical disability, mental line 40 disability, medical condition, genetic information, marital status, 99 AB 2557 — 3 —
333
line 1 sex, gender, gender identity, gender expression, age, sexual line 2 orientation, or military and veteran status.
line 3 (E) Any record relating to an incident in which a sustained line 4 finding was made by any law enforcement agency or oversight line 5 agency that the peace officer made an unlawful arrest or conducted line 6 an unlawful search.
line 7 (2) Records that are subject to disclosure under clause (iii) or line 8 (iv) of subparagraph (A) of paragraph (1), or under subparagraph line 9 (D) or (E) of paragraph (1), relating to an incident that occurred line 10 before January 1, 2022, shall not be subject to the time limitations line 11 in paragraph (8) until January 1, 2023.
line 12 (3) Records that shall be released pursuant to this subdivision line 13 include all investigative reports; photographic, audio, and video line 14 evidence; transcripts or recordings of interviews; autopsy reports; line 15 all materials compiled and presented for review to the district line 16 attorney or to any person or body charged with determining line 17 whether to file criminal charges against an officer in connection line 18 with an incident, or whether the officer’s action was consistent line 19 with law and agency policy for purposes of discipline or line 20 administrative action, or what discipline to impose or corrective line 21 action to take; documents setting forth findings or recommended line 22 findings; and copies of disciplinary records relating to the incident, line 23 including any letters of intent to impose discipline, any documents line 24 reflecting modifications of discipline due to the Skelly or grievance line 25 process, and letters indicating final imposition of discipline or line 26 other documentation reflecting implementation of corrective action. line 27 Records that shall be released pursuant to this subdivision also line 28 include records relating to an incident specified in paragraph (1) line 29 in which the peace officer or custodial officer resigned before the line 30 law enforcement agency or oversight agency concluded its line 31 investigation into the alleged incident.
line 32 (4) A record from a separate and prior investigation or line 33 assessment of a separate incident shall not be released unless it is line 34 independently subject to disclosure pursuant to this subdivision. line 35 (5) If an investigation or incident involves multiple officers, line 36 information about allegations of misconduct by, or the analysis or line 37 disposition of an investigation of, an officer shall not be released line 38 pursuant to subparagraph (B), (C), (D), or (E) of paragraph (1), line 39 unless it relates to a sustained finding regarding that officer that line 40 is itself subject to disclosure pursuant to this section. However, 99 — 4 — AB 2557