Agenda packet — Berkeley City Council, June 28, 2022 (part 2 of 8)

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Action Calendar
Tuesday, May 31, 2022 MINUTES Page 16
 A $300 Million dollar general obligation bond to finance affordable housing production and preservation, and other infrastructure needs with the following allocation:
o $150 Million for affordable housing production and preservation including housing for seniors, persons with disabilities, low-income families and persons experiencing homelessness.
o $150 Million to improve resilience to climate change, wildfire prevention and protection, and to improve other public infrastructure (Program Plan’s Outcomes 2, 3, and 4); request more definition of the types of projects that could be funded by this bond.

Direction for Both Measures
 Both measures should include references to the use of the Vision 2050 Program Plan and adopted City Plans and policies as guidance for the allocation of streets and infrastructure funding.
 Both measures should assess taxes on commercial parking garages including them in the building square footage taxable.
 Oversight by the new Transportation & Infrastructure Commission, Parks Commission (as needed) and Housing Advisory Commission (on housing funds), who will make recommendations on the annual paving plan, on infrastructure expenditures and housing allocations. The Commissions will also ensure on an annual basis that tax and bond proceeds are spent consistent with the purposes of the measures and produce reports outlining its review of expenditures.

Annual independent audits to ensure that funds are spent consistent with the purposes of the measure.

Additional requests for information related to options for oversight, process for determining priority of projects/repairs, and the funds dedicated to climate goals.

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

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Council Action Items
Tuesday, May 31, 2022 MINUTES Page 17

38. City Council Comments on the FY 2023 and FY 2024 Proposed Biennial Budget and Capital Improvement Program
From: City Manager
Recommendation: Provide comments on the FY 2023 and FY 2024 Proposed Biennial Budget and Capital Improvement Program.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: M/S/C (Arreguin/Hahn) to continue Item 38, including Supplemental material from City Manager in Supplemental Communications Packet #2 to June 14, 2022.

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

39. Referral to the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee Policy Committee to Consider Strategies and Make Recommendations to Council and Staff to Ensure Potential Infrastructure Bond Expenditure Is Consistent With Climate Action Goals and Other Environmental Policies (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee)
From: Councilmember Harrison (Author)
Recommendation: Refer to the Facilities, Infrastructure, Transportation, Environment & Sustainability (FITES) Policy Committee Policy Committee to consider strategies and make recommendations to the Council and staff to ensure that potential infrastructure bond is consistent with Climate Action goals and other environmental policies.

Policy Committee Recommendation: Send the enclosed non-binding recommendations to Council with a qualified positive recommendation and support for Staff’s ongoing work to establish public-facing metrics to measure projected and actual outcomes around potential bond projects that support Climate Action goals and other environmental policies.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Moved to Consent Calendar. Approved the recommendation of the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee.

Information Reports

40. Referral Response: Further Supporting Worker Cooperatives From: City Manager
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Received and filed.

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Information IReports
Tuesday, May 31, 2022 MINUTES Page 18

41. On-Call Energy Efficiency Services Contracts through On-Bill Financing From: City Manager
Contact: Alene Pearson, Planning and Development, (510) 981-7400 Action: Received and filed.

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

Adjournment
Adjourned at 11:00 p.m.

I hereby certify that the foregoing is a true and correct record of the regular session meeting held on May 31, 2022.
________________________
Mark Numainville, City Clerk
Communications
Soft-Story Seismic Retrofit

1. Todd Andrew
Revitalizing Downtown Berkeley

2. Steven Schuyler
Unfreeze Vacant Positions at the Berkeley Police Department

3. Kaht Dorward and Edward Cohen

4. Rachel Bradley

5. Tom Miller
Hopkins Corridor

6. S. Omowale Fowles

7. Octavia

8. Margot Smith

9. Kaellyn Moss

10.Sally Nelson
May is Mental Health Awareness Month

11.Mental Health Commission
Brown Act Complaint

12.Thomas Lord (2)

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Tuesday, May 31, 2022 MINUTES Page 19
ADA vs. Council Practice

13.Thomas Lord
City Code Regarding Tenants Rights

14.Jay Shawl
Decriminalize Entheogenic Plants

15.Shannon Lavelle
Tenant Opportunity to Purchase Act (TOPA)

16.Lynda Winslow
Rodeway Inn (Adobe Services)

17.Sylvia
People’s Park

18.Rin Lopez

19.Chimey Lee
Mountain Biking Destroying Wildlife Habitat

20.Mike Vandeman
Homelessness and Encampments

21.Jahlee Arakaki (2)

22.S. Omowale Fowles
COVID-19

23.Todd Andrew
Chavez Park

24.Michele Bernal
California Theatre

25.Alexa Wilkie
Conflict of Interest Reports

26.Margot Smith
Train Horns

27.Lauren Parsons
Supplemental Communications and Reports 1
Item #19: Berkeley Strategic Transportation Plan Update and Grant Application Opportunities

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Tuesday, May 31, 2022 MINUTES Page 20

28.Revised material, submitted by the Public Works Department Item #37: Discussion and Direction Regarding Vision 2050 Program Plan and Potential Ballot Measures for the November 8, 2022 General Municipal Election

29.Jeffrey Heller

30.Tawny Reynolds
Item #38: City Council Comments on the FY 2023 and FY 2024 Propose Biennial Budget and Capital Improvement Program

31.Xandra Castleton

32.Sonia Caltvedt

33.Nina Boeddeker

34.Amy Young
Item 39: Referral to the Facilities, Infrastructure, Transportation, Environment & Sustainability Policy Committee Policy Committee to Consider Strategies and Make Recommendations to Council and Staff to Ensure Potential Infrastructure Bond Expenditure Is Consistent With Climate Action Goals and Other Environmental Policies

35.Tawny Reynolds
Supplemental Communications and Reports 2
Item #19: Berkeley Strategic Transportation Plan Update and Grant Application Opportunities

36.Revised material, submitted by Public Works
Item #22: Zanker Recycling for Construction and Demolition Materials Hauling, Sorting and Marketing Services

37.Eric Lynch, on behalf of Waste Management

38.Francine Areas, on behalf of Zanker Recycling
Item #37: Discussion and Direction Regarding Vision 2050 Program Plan and Potential Ballot Measures for the November 8, 2022 General Municipal Election

39.Supplemental material, submitted by Mayor Arreguin

40.Revised material, submitted by Councilmember Harrison

41.Susan Schwartz

42.S. Entwistle

43.Ray Yep

44.Ben Gerhardstein, on behalf of Walk Bike Berkeley

45.Michael Katz

46.Rivka Polatnick, on behalf of Racism and Criminal Justice Reform group (RCJR)

47.Derethia DuVal
Item #38: City Council Comments on the FY 2023 and FY 2024 Propose Biennial Budget and Capital Improvement Program

48.Supplemental material, submitted by the City Manager Supplemental Communications and Reports 3

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Tuesday, May 31, 2022 MINUTES Page 21
Item #19: Berkeley Strategic Transportation Plan Update and Grant Application Opportunities

49.Abby Thorne-Lyman, on behalf of BART
Item #37: Discussion and Direction Regarding Vision 2050 Program Plan and Potential Ballot Measures for the November 8, 2022 General Municipal Election

50.Presentation, submitted by Public Works

51.Hector Malvido

52.Barbara White

53.Wilhelmenia Wilson

54.Diana Bohn

55.Moni Law

56.Friends of Adeline

57.James McGrath

58.Barbara Gilbert

59.Charlene Washington
Miscellaneous
Ashby and North Berkeley BART Development

60.Neighbors Not Towers Voter Bloc

61.Anonymous

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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 28, 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 June 28, 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 $4,856,000.

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

PROJECT Fund Source Amount
Public Safety Building HVAC 011 Discretionary $356,000
Specialized Care Unit Provider 354 ARPA – Local Fiscal
Recovery $4,500,000
Total: $4,856,000

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Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council June 28, 2022 Approval on June 28, 2022

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 June 28, 2022
a. Public Safety Building HVAC
b. Specialized Care Unit Provider
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

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NEXT 30 DAYS
DATE SUBMITTED: June 28, 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
22-11532-C Pub;ic Safety
Building HVAC
7/19/2022 8/30/2022 New roof mounted
mechanical equipment to
provide redundant cooling
to the existing second floor
data center. Scope
includes modifications to
heating and cooling
systems, associated
electrical infrastructure,
roofing and roof structure
and related finishes.
$356,000 011-54-623-677-0000-000-
444-662110- PWENCB2102
PW/Eng Titus Chen
981-6410
Dept TOTAL $356,000.00
22-11533-C Specialized Care
Unit Provider
6/29/2022 8/24/2022 Contract with a community
partner to serve as the
provider for the Specialized
Care Unit pilot program.

The contracted
organization will provide
24/7 behavioral health
crisis response services to
individuals experiencing a
crisis in Berkeley.
$4,500,000 354-51-501-502-0000-000-
451-612240-; HHOARP2201-

NONPERSONN-

CONTRSERVI-CMMNTYAGY
HHCS/Office of
the Director
Katie Hawn
Dept TOTAL $4,500,000
TOTAL $4,856,000.00

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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 28, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance Department Subject: FY 2023 Revision to the Investment Policy and Designation of Investment Authority

RECOMMENDATION
Adopt a Resolution accepting the changes to the Investment Policy and to confirm the delegation of investment authority to the Director of Finance to make investments for FY 2023.

FISCAL IMPACTS OF RECOMMENDATION
There are no fiscal impacts from accepting the revisions to the Investment Policy and renewing the delegation of authority to the Director of Finance to make investments.

CURRENT SITUATION AND ITS EFFECTS
A. FY 2023 Reinforcement and Revision to the Investment Policy:

1. Recommendation: Added Public Bank Obligations Category to the investment vehicles.

Authority: In accordance with Government Code section 53601(r), 53635(c), and 57603 local agencies are allowed to invest in public banks.

Public Bank Obligations
As authorized in Government Code Section 53601(r),53635(c), and 57603 local agencies may invest on commercial paper, debt securities or other obligations of a public bank. The maximum maturity of these investments shall be five years.

Purchases may not exceed 10% of the City’s total of unrestricted investments.

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FY 2023 Revision to the Investment Policy and Designation of…………………...CONSENT CALENDAR Investment Authority JUNE 29, 2022

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a. Added Public Banking Investment Portfolio Diversification Requirements Table on page 19, Section X.A.

Public Bank Obligations 10% of Unrestricted Investments 5 Years B. Delegating Authority to Make Investments
The Investment Policy requires the City Council to annually confirm the delegation of investment authority to the Director of Finance.

BACKGROUND
The State statutes that govern investment activity requires the City Council to annually affirm the Investment Policy and to annually confirm the delegation of investment authority.

INVESTMENT OVERSIGHT
All investments included in the portfolio comply with the City’s adopted investment policies and State law.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Investment Policy provides opportunities to make environmentally responsible investments that support the City’s environmental sustainability goals.

RATIONALE FOR RECOMMENDATION
The State requires City Council to annually affirm the Investment Policy, and to annually confirm the delegation of investment authority to the Director of Finance.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Henry Oyekanmi, Director, Finance, 981-7326
Attachments:
1: Resolution

2. Investment Policies for Idle Pooled Cash (Effective July 1, 2022)

3. Investment Policies for Retiree Medical Plan Trust Funds (Effective July 1, 2022)

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

ACCEPTING THE INVESTMENT POLICY AND RENEWING THE DELEGATION

OF AUTHORITY TO MAKE INVESTMENTS TO THE DIRECTOR OF FINANCE WHEREAS, by Resolution No. 69,941-N.S. dated June 29, 2021, the City Council adopted the Investment Policy for the City of Berkeley; and WHEREAS, the Statement of Investment Policies requires the Director of Finance to submit and make recommendations for amendments to the investment policy; and WHEREAS, the Director of Finance has recommended an amendment to the City’s investment policy to the City Council.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley shall adopt a resolution to affirm the Statement of Investment Policies, and to confirm the delegation of investment authority to make investments to the Director of Finance for FY 2023.

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Public
ATTACHMENT 2
Effective July 1, 2022
City of Berkeley
Investment Policy

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1 City of Berkeley
Investment Policy
July 1, 2022
Table of Contents
I. INTRODUCTION........................................................................................................2 A. Scope of Policies ....................................................................................................2 B. Investment Objectives ............................................................................................2 C. Use of State Investment Guidelines .......................................................................6 II. INVESTMENT AUTHORITY AND RESPONSIBILITIES............................................6 A. Authorized Investment Officers...............................................................................6 B. Internal Controls .....................................................................................................7 C. Evaluation of Investment Officer Actions ................................................................9 III. CAPITAL PRESERVATION AND RISK .....................................................................9 A. Overview.................................................................................................................9 B. Portfolio Diversification Practices ...........................................................................9 IV. ELIGIBLE FINANCIAL INSTITUTIONS....................................................................10 A. Authorized Dealers ...............................................................................................10 B. Individual Placement of Deposits..........................................................................10 V. INVESTMENT VEHICLES .......................................................................................11 A. State of California Limitations ...............................................................................11 B. City Policies ..........................................................................................................14 VI. INVESTMENT MATURITY.......................................................................................16 VII. CASH MANAGEMENT.............................................................................................16 VIII. EVALUATION OF INVESTMENT PERFORMANCE ...............................................16 IX. INVESTMENT REPORTING....................................................................................17 X. APPENDICES ..........................................................................................................19 A. Investment Portfolio – Diversification Requirements ............................................19 B. Berkeley’s ESG Investing Initiative .......................................................................20

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2 I. Introduction
Pursuant to Sections 2.44.040 and 2.44.060 of the Berkeley Municipal Code, Resolution No. 45,087-N.S., and Sections 53601, 53607, 53636 and 53648 of the State Government Code, the Director of Finance, the Treasurer of the City, is authorized to make investments of the City’s idle funds. The Code also directs the City to present an annual investment policy to the City Council for approval. This Investment Policy, after approval of the amendments by the City Council, will serve as the Investment Policy for the City of Berkeley for fiscal year 2019.

A. Scope of Policies
These investment policies apply to the investments of the City of Berkeley and the Rent Stabilization Board. All financial assets of any non-trust funds, including the general fund and other funds that may be created from time to time, shall be administered in accordance with the provisions of these policies.

B. Investment Objectives
The City's primary investment objective is to achieve a reasonable rate of return on public funds while minimizing the potential for capital losses arising from market changes or issuer default.

Although the generation of revenues through interest earnings on investments is an appropriate City goal, the primary consideration in the investment of City funds is capital preservation in the overall portfolio. As such, the City's yield objective is to achieve a reasonable rate of return on City investments rather than the maximum generation of income, which could expose the City to unacceptable levels of risk.

The following investment objectives, in order of priority, shall be applied in the management of City funds: safety, liquidity and yield.

1. Safety of principal is the foremost objective of the investment program Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. The objective is to mitigate credit risk and interest rate risk, summarized as follows:
a. Credit risk. This is the risk of loss due to the failure of the security issuer or backer. Credit risk may be mitigated by:
 Limiting investments to the safest types of securities.  Determining the credit worthiness of the financial institutions, broker/dealers, and intermediaries with which the City does business.  Diversifying the investment portfolio so that potential losses on individual securities will be minimized.
b. Interest rate risk. This is the risk that the market value of securities in the portfolio will fall due to changes in general interest rates. Interest rate risk may be mitigated by:

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3  Structuring the investment portfolio so that securities mature to meet cash requirements for ongoing operations, thereby avoiding the need to sell securities prior to maturity; and
 Investing operating funds primarily in shorter-term securities.

2. Liquidity
No investment shall be made that could not appropriately be held to maturity without compromising liquidity requirements. The investment portfolio shall remain sufficiently liquid to meet all operating requirements that may be reasonably anticipated. This is accomplished by structuring the portfolio so that securities mature concurrent with cash needs to meet anticipated demands (static liquidity). Furthermore, since all possible cash demands cannot be anticipated, the portfolio should consist largely of securities with active secondary markets (dynamic liquidity).

3. Yield
The investment portfolio shall be designed with the objective of attaining a market rate of return throughout budgetary and economic cycles, taking into account the City’s investment risk constraints and liquidity needs. Return on investment is of least importance compared to the safety and liquidity objectives described above. The core of investments are limited to relatively low risk securities in anticipation of earning a reasonable return relative to the risk being assumed. Securities shall not be sold prior to maturity with the following exceptions:
i. Liquidity needs of the portfolio require that the security be sold. ii. A security swap would improve the quality, yield, or target duration in the portfolio.

4. Responsible Investing
Investment policies of the City of Berkeley shall comply with the letter of the following ordinances, resolutions and directives:
 Nuclear-Free Berkeley Act
 Resolution No. 59,853-N.S.-Oppressive States Contract prohibition  Divestment from Gun Manufacturers and Tobacco Companies  Divestment from Publicly Traded Fossil Fuel Companies and Banks that Finance Pipelines and Fossil Fuel Infrastructure
 Divestment from Prisons Resolution No. 67,640-N.S. and Immigration Detention Companies
 Divest from Any Companies Designing, Building or Financing the U.S. – Mexico Border Wall Resolution No. 67,865-N.S.
 No Investment in Any Entity Involve in the Production and Manufacturing of Weapons-Resolution No. 68,766-N.S.
 Integrate Environmental, Social, and Governance Principles (ESG) for All Investment Decision Making Process (See Appendix B for details.)

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4 a. Nuclear-Free Berkeley Act
To the extent possible, without compromising the City’s safety, liquidity and yield objectives, it is the City’s policy to prefer investments in U.S. Agency securities.

They are preferred because of their generally higher yields and generally socially preferable uses, such as housing loans or student loans, versus investments in Treasury securities with their association with nuclear weapons.

All financial institutions, which hold deposits or investments of the City, shall file a statement with the Director of Finance indicating the percentage of the bank’s assets which are loaned to or invested in nuclear weapons agents as defined in Section 12.90 of the Nuclear-Free Berkeley Act. The Director of Finance shall use this information as a factor in selecting banks which have minimum involvement in the nuclear weapons industry. A summary of these reports shall be attached to the annual Statement of Investment Policies.  Investments in United States Treasury securities may be made by the City of Berkeley.
 The City of Berkeley shall ensure that any City funds, or any funds controlled by the City, invested or other third parties, are invested according to the provisions of this section and, to this end, shall obtain written assurances to this effect from any such trustees or third parties. b. Divestment From Publicly-Traded Fossil Fuel Companies and Companies that Provide Direct Financing or On-going Lines of Credit for the Funding of Fossil Fuel Infrastructure
The City of Berkeley has a responsibility to protect the lives and livelihoods of its inhabitants from the threat of climate change. While fossil fuel companies provide an attractive return on investment, the City of Berkeley will suffer greater economic and financial losses from the impact of unchecked climate change. The City’s infrastructure, businesses and communities would face greater risk of damages and losses due to that climate change. The City believes that its investments should support a future where all citizens can live healthy lives without the negative impacts of a warming environment. For the purposes of the Investment Policy, a “fossil fuel company “shall be defined as any of the two hundred publicly-traded companies with the largest coal, oil and gas reserves as measured by the gigatons of carbon dioxide that would be emitted if those reserves were extracted and burned, as listed in the Carbon Tracker Initiative’s “Unburnable Carbon” report.

Staff responsible for managing the City’s investment portfolio are directed to divest all City funds held in fossil fuel companies or companies that provide direct financing or on-going lines of credit for the funding of fossil fuel infrastructure such as the Dakota Access Pipeline and are prohibited from making any new investments in such companies.

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5 c. Divestment from Gun Manufacturers and Tobacco Companies The City of Berkeley has a responsibility to protect the lives and livelihoods of its inhabitants from the threat of dangerous weapons and products. There is no better role for city government than to protect people. If the City invests in companies that are putting dangerous weapons and dangerous products on our streets, then the City is part of the problem.

Staff responsible for managing the City’s investment portfolio are directed to divest all City funds held in gun manufacturers and tobacco companies and are prohibited from making any new investments in such companies. d. Divestment from Prisons and Immigration Detention Companies The prison and immigration detention industry reaps large monetary benefits from the imprisonment of these communities. Prison companies admit that their companies benefit from high incarceration rates. With the increasing economic benefits that come with commodifying human lives, the City of Berkeley should divest from prison and immigration detention companies to make a statement that the industry harms human lives and degrades them as monetary investment.

Staff responsible for managing the City’s investment portfolio are directed to divest all City funds held in Prisons and Immigration Detention Companies and are prohibited from making any new investments in such companies. e. Divestment from any Companies Designing, Building or Financing the U.S.- Mexico Border Wall - Resolution No. 67,865-N.S.

The City of Berkeley is strongly opposed to the construction of a border wall between the United States and Mexico as called for in Presidential Executive Order 13767. Immigration has been part of this country's history since its inception. Construction of a border wall with tightened security will harm refugees who are feeling violence and conflict in Central American countries including Honduras and El Salvador. A border wall would increase international tensions and cause environmental damage by increasing emissions, cutting off natural water flows, and disturbing wildlife migration routes. The wall would cut through ancestral native lands and would significantly disrupt tribal communities. In addition, construction of a wall would be huge financial burden to taxpayers.

Therefore, to ensure that local tax dollars in no way support the construction of the proposed border wall, the City of Berkeley will divest from all companies involved with designing, building, and financing the border wall.

Staff responsible for managing the City's investment portfolio are directed to divest all city funds from companies that design, build or finance the U.S.-Mexico border wall as called for in Presidential Executive Order 13767, and are prohibited from making any new investments in such companies.

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6 f. No Investment in Any Entity Involve in the Production and Manufacturing of Weapons-Resolution No. 68,766-N.S.

The City of Berkeley joins the cities nationwide that oppose militarism and violence, and encourages other cities to follow Berkeley’s lead. U.S. weapons manufacturers continue to supply repressive regimes around the world and U.S. produced weapons are being used in attacks that the international community deems unlawful for their disproportionate and excessive harm to civilians.

Staff responsible for managing the City's investment portfolio are directed to divest all City funds from companies that are involved in the production or manufacturing of weapons and weapons system, whether conventional or nuclear and including the manufacture of civilian arms.

These guidelines apply to all cash-equivalent assets included within the scope of the City's audited financial statements and held either directly by the City or held and invested by fiscal agents.
g. Integrate Environmental, Social, and Governance Principles (ESG) for All Investment Decision Making Process (See Appendix B for details.) This combines environmental, social, and governance issues with traditional financial factors in the investment decision-making process. ESG investing helps cities like Berkeley to benefit from both impact driven and financially prudent investments. ESG principles would put Berkeley’s values into our investment dollars.

C. Use of State Investment Guidelines
Government Code Sections 16481.2, 53601, 53607, 53635, and 53646 of the State of California regulate the investment practices. It is the policy of the City of Berkeley to use the State's provisions for local government investments as the base for developing and implementing the City's investment policies and practices.

As required under Government Code Sections 16481.2 and 53646, the Statement of Investment Policies will be reviewed by the Council annually.

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7 II. Investment Authority and Responsibilities
A. Authorized Investment Officers

1. Idle Funds
Pursuant to Sections 2.44.040, 2.44.060 of the Berkeley Municipal Code, Resolution No. 45,087-N.S., and Sections 53601, 53636 and 53648 of the State Government Code, the Director of Finance, the Treasurer of the City, is authorized to make investments of the City’s idle funds. Responsibility for the operation of the investment program is hereby delegated to the Director of Finance, who shall carry out established written procedures and internal controls for the operation of the investment program consistent with this plan. Procedures should include references to: safekeeping, delivery versus payment basis of settling transactions, investment accounting, repurchase agreements, wire transfer agreements, collateral/depository agreements and banking services contracts. In the exercise of this responsibility, the authority to perform specific investment tasks and duties is delegated as follows:
• Treasury Manager/Revenue Collection Manager. In the absence, and under the direction, of the Finance Director, to invest idle funds on a daily basis as required for cash flow purposes pursuant to the requirements of the Statement of Investment Policies.
• Senior Accountant or Accounting Manager. To execute necessary investment documents, and obtain the approval of the Director of Finance to authorize wire transfers and execute bank authorizations.
• Deputy City Manager. To execute necessary investment documents, authorize wire transfers; execute bank authorization in absence of the Director of Finance, Treasury Manager/ Revenue Collection Manager, Senior Accountant, and the Accounting Manager.

B. Internal Controls
The Director of Finance shall establish a system of internal controls designed to prevent losses of public funds arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City of Berkeley. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. These controls shall include:
• Separation of transaction authority from accounting and physical custody.

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8 • By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved.
• Also, securities purchased from any bank or dealer including appropriate collateral (as defined by State Law), shall be placed with an independent third party for custodial safekeeping.
• Avoidance of physical delivery of securities by using a delivery versus payment “Basis of Settlement Only.”
• All trades will be executed on a delivery versus payment (DVP) basis. This ensures that securities are delivered to the City’s safekeeping bank at the same time the funds are released by the City’s safekeeping bank.
• Third-Party custodial safekeeping of securities held in the name of the City. Delivered securities must be properly safeguarded against loss or destruction. Book entry securities are recorded in electronic records and the potential for fraud and loss increases with physically delivered securities. All investment securities, except collateralized certificates of deposit and money market funds, purchased by the City will be delivered by either book entry or physical delivery and will be held in third- party safekeeping by a City-approved custodian bank, its correspondent New York Bank or the Depository Trust Corporation (DTC). Whenever possible, securities purchased are to be recorded in “book entry” form.
• All securities and applicable collateral will be held by the City’s third party custodian and evidenced by safekeeping receipts. All book entry securities owned by the City shall be evidenced by a safekeeping receipt issued to the City by the custodian bank to acknowledge that the securities are held in the Federal Reserve system in a “customer account” for the custodian bank which names the City as “customer”; The Director of Finance will require each approved safekeeping financial institution to submit a copy of its Consolidated Report of Condition and Income (Call Report) to the City within 60 days after the end of each calendar quarter.
• Competitive bidding on investment transactions. Before the City invests in any secondary market funds, competitive bids shall be requested. If a specific maturity date is required, either for cash flow purposes or for conformance to maturity guidelines, bids will be requested from at least three financial institutions for instruments which meet the maturity requirement. If no specific maturity is required, a yield curve analysis will be conducted to determine which maturities would be most advantageous.
• Written confirmation and documentation of all financial transactions.

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9 • Due to the potential for error and improprieties arising from telephone transactions, all telephone transactions should be supported by written communications and approved by the appropriate person. Written communications may be via fax if on letterhead and the safekeeping institution has a list of authorized signatures. • Rapid deposit of funds received by the City (i.e., large checks.) • Bonding of all investment officials.

C. Evaluation of Investment Officer Actions
Section 53600.3 of the Government Code identifies trustees as those persons authorized to make investment decisions on behalf of a local agency. As a trustee, the standard of prudence to be used by investment officials shall be the "prudent investor" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures, and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this plan.

Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived.

Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with the proper execution and management of the investment program, or that could impair their ability to make impartial decisions. Employees and investment officials shall disclose any material interests in financial institutions with which they conduct business. They shall further disclose any personal financial/investment positions that could be related to the performance of the investment portfolio. Employees and officers shall refrain from undertaking personal investment transactions with the same individual with whom business is conducted on behalf of their entity.

III. Capital Preservation and Risk
A. Overview
Some level of risk is inherent in any investment transaction. Losses may be incurred due to issuer default, market price changes, or technical cash flow complications such as investments in non-marketable certificates of deposit. Diversification of the City's portfolio by institution, investment vehicle, and maturity term is the primary tool available to the City in minimizing investment risk and capital losses by safeguarding the overall portfolio from any individual loss.

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10 B. Portfolio Diversification Practices
The following sections summarize the City's major portfolio diversification practices and guidelines in determining:
• Authorized Dealers
• Investment Vehicles
• Investment Maturity
Portfolio limitations included in these guidelines are to be based on the portfolio composition and investment management plan policies in effect at the time of placement; the actual composition of the City's investments may vary over time from plan limitations due to overall portfolio changes from when the individual placement was made as well as changes in the City's investment management plan
IV. Eligible Financial Institutions
A. Authorized Dealers
• Investments shall be purchased only through well-established, financially sound institutions. The Finance Director shall maintain a list of financial institutions and broker/dealers approved for investment. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions will be given a copy of the City’s Statement of Investment Policies, and a return cover letter which must be signed indicating that the Statement of Investment Policies has been read and understood.

Qualified financial institutions and broker/dealers must supply the Director of Finance with the following:
o Financial Institutions
 Current audited financial statements Depository contracts, as appropriate  A copy of the latest FDIC call report or the latest FHLBB report, as appropriate.
o Broker/Dealers
 Current audited financial statements
 Proof that brokerage firm is a member in good standing with a national securities exchange.
• Except for repurchase agreements, investments shall be awarded based on competitive bids. Documentation relating to investment quotes shall be maintained by the Finance Department for a period of one year.

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11 B. Individual Placement of Deposits
Individual placement of negotiable, collateralized, and other time certificates of deposit with eligible financial institutions shall be based on the following practices and procedures:
• Deposits shall only be placed with financial institutions maintaining offices within the City of Berkeley.
• Unless collateralized by eligible securities as provided in Sections 53651 and 53652 of the Government Code, the maximum amount of Certificates of Deposit to be placed with any single institution is $250,000.

V. Investment Vehicles
A. State of California Limitations
As provided in Sections 53601, 53635, and 16429.1 of the Government Code, the State of California limits the investment vehicles available to local agencies to the following:

1. U.S. Treasury Instruments
As authorized in Government Code Section 53601(b), this category includes bills, notes, bonds or certificates of indebtedness, or those for which the faith and credit of the United States are pledged for the payment of principal and interest. There are no portfolio limitations on the amount.

2. Government Sponsored Enterprises
As authorized in Government Code Section 53601(f), this category includes a wide variety of government securities. These securities include U. S. government- sponsored enterprise obligations, such as issues by the Federal National Mortgage Association (FNMA's), Federal Home Loan Bank (FHLB), Federal Farm Credit (FFCB), Student Loan Marketing Association (SLMA), etc. There are no portfolio limitations on the amount.

3. Municipal Securities
As authorized in Government Code Section 53601(a)(c)(d)(e), this category includes obligations of the City, the State of California, any of the other 49 states, and any local agency within the State of California, provided that:
• The securities are rated “A” or higher by at least one nationally recognized statistical rating organization.
• No more than 5% of the portfolio may be invested in any issuer. • The maximum maturity does not exceed five years.

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12 4. Banker's Acceptances
As provided in Government Code Section 53601(f)g, 40% of the City's portfolio may be invested in Banker's Acceptances, otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank, although no more than 30% of the portfolio may be invested in Bankers' Acceptances with any one commercial bank. Additionally, the maturity period cannot exceed 180 days.

5. Commercial Paper
Commercial paper is a short-term, unsecured promissory note issued by financial and non- financial companies to raise short-term cash. As provided in Government Code Section 53601(h) up to 25% of the City's portfolio may be invested in "prime" commercial paper of the highest ranking or of the highest letter and number rating as provided by a nationally recognized statistical-rating organization (i.e., Moody's or Standard and Poor's or Fitch), with maturities not to exceed 270 days. The issuer must have total assets in excess of $500 million, and have debt other than Commercial Paper rated “A” or higher by a nationally recognized statistical-rating organization.

6. Negotiable Certificates of Deposit
Negotiable certificates of deposit are a fixed deposit certificate that may be negotiated (traded) to a third party. The institution issuing the certificate promises to pay the holder the initial investment plus the interest rate stated on the certificate at maturity. As authorized in Government Code Section 53601(i), the City may invest 30% of its portfolio in negotiable certificates of deposit issued by commercial banks, thrifts and foreign banks.

7. Repurchase Agreements
Repurchase agreements are agreements between the local agency and seller for the local agency to purchase government securities to be resold back to the seller at a specific date and for a specific amount and are authorized by Government Code Section 53601(j). Although the legal maximum maturity on these investments is 360 days, repurchase agreements are generally short-term investments varying from one day to two weeks. Investments in repurchase agreements must be collateralized, and collateral required for repurchase agreements is limited to Treasury and Agency securities. In order to anticipate market changes and provide a level of security for all funds, the required collateralization level is 102% of market value of principal and accrued interest.

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13 Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with the local agency. There are no portfolio limitations on the amount for these investments.

9. Medium-Term Corporate Notes
As authorized in Government Code Section 53601(k), local agencies may invest in corporate bonds and notes of industrial companies, banks, bank holding companies, insurance companies, thrifts and finance companies that are rated “A” or better by a nationally recognized rating service; and issued by corporations organized and operating in the United States. The maximum remaining maturity is limited to five years, and the amount invested must not exceed 30% of the agency's portfolio.

10. Shares of Beneficial Interest Issued By Diversified Management Companies As authorized in Government Code Section 53601(l), local agencies are also authorized to invest in shares of beneficial interest issued by diversified management companies (i.e., mutual funds) as defined in Section 23701(m) of the Revenue and Taxation Code in an amount not to exceed 20% of the agency's portfolio.

11. Financial Futures and Financial Option Contracts
As authorized in Government Code Section 53601.1, local agencies may invest in financial futures or option contracts in any of the above investment categories subject to the same overall portfolio limitations.

12. Time Certificates of Deposit
As authorized in Government Code Section 53635, time certificates of deposit are fixed term, non-negotiable investments which are required to be collateralized 110% by eligible pooled securities. The pool is administered by the State, and is composed of a wide variety of government securities, secured by first mortgages on improved residential property located in the State. There are no portfolio limits on the amount; however the maturity period for this investment vehicle may not exceed five years unless approved by the Council.

13. Local Agency Investment Fund
As authorized in Government Code Section 16429.1, local agencies may invest in the Local Agency Investment Fund (LAIF), a pooled investment fund managed by the State Treasurer’s Office. It operates like a money market fund, but is for the exclusive benefit of governmental entities within the State. The current maximum amount of money that may be invested is $40 million.

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14 inconsistent with statutory provisions, or if there are no specific statutory provisions, investments may be made in accordance with the ordinance, resolution, indenture, or agreement of the local agency for the issuance.

This category includes investment agreements approved in writing by insurance companies, supported by appropriate opinions of counsel with notice to Standard and Poor’s.

15. Other Secured Notes, Bonds Or Other Obligations
As authorized in Government Code Section 53601(n), notes, bonds, or other obligations that are at all times secured by a valid first priority security interest in securities of the types listed by Section 53651 as eligible securities.

16. Mortgage Pass Through, Collateralized Mortgage Obligation, Mortgage-backed Bond, Equipment Lease-backed Certificate, Consumer Receivable Pass through Certificate, and Consumer Receivable-backed Bond As authorized in Government Code Section 53601(o), securities in this category must be rated “AA” or its equivalent or better by a nationally recognized rating service. Purchases may not exceed 20% of the agency’s portfolio.

17. Public Bank Obligations
As authorized in Government Code Section 53601(r),53635(c), and 57603 local agencies may invest on commercial paper, debt securities or other obligations of a public bank. The maximum remaining maturity is limited to five years.

B. City Policies

1. Allowable Investment Vehicles and Restrictions
The Director of Finance/City Treasurer is authorized to invest in any of the investment vehicles allowed by Sections 53601, 53635 and 16429.1 of the Government Code above, with the following limitations:

Financial futures; option contracts, floaters, inverse floaters, range notes, interest-only strips that are derived from a pool of mortgages, or any security that could result in zero interest income if held to maturity may not be purchased. Exclusion of these vehicles is consistent with the City's overall objective of achieving reasonable yields on public funds while minimizing risk and capital losses. Although the potential exists for greater interest yields with these vehicles, it is believed that the potential level of risk exceeds their benefits except in very limited circumstances.
• Reverse repurchase agreements shall be entered into only to effect a “matched” transaction whereby the proceeds of the reverse are reinvested for the same

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15 period as the term of the reverse repurchase agreement. • Funds will only be invested in negotiable Certificates of Deposit that are fully insured by the Federal Deposit Insurance Corporation (FDIC) or the Federal Savings and Loan Insurance Corporation (FSLIC) in amounts up to $250,000 (including interest).
• The authority to invest in certain securities is restricted by the provisions of the section entitled “Responsible Investing”.
• No more than 45% of the portfolio may be invested in callable agency or government- sponsored enterprise securities.
• Commercial paper is limited to a maturity of 180 days, and the issuer must have the highest rating from two nationally recognized rating agencies, not one (as required by the State).
• The greater of $5 million or 2% of the short-term portfolio can be in the commercial paper of any single corporation or group under essentially common ownership or control.

• Purchases of such corporate notes as mortgage pass through, collateralized mortgage obligation, mortgage-backed bond, equipment lease-backed certificate, consumer receivable pass through certificate and consumer receivable-backed bond must be rated “Aa” or AA or its equivalent or better by a nationally recognized rating service. As authorized in Government Code Section 53601(j), staff may invest in corporate bonds and notes of industrial companies, banks, bank holding companies, insurance companies, thrifts and finance companies that are rated “A” or better by a nationally recognized rating service; and issued by corporations organized and operating in the United States. The amount invested must not exceed 30% of the agency's portfolio.
• No investment shall be made which involve a “hidden” reduction in the investment rate or yield in order to subsidize other investment programs. For example, the City invests $10,000,000 for a year at a rate of 1% less than “market” rates.
• Up to 100% of the portfolio may be placed in money market accounts.

See Appendix A for the Investment Portfolio/Diversification Requirements, which lists the maximum amounts that may be invested in the various investment types and the maximum authorized maturities.

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16 2. Term
Reserve funds from the proceeds of debt issues may be invested by the Director of Finance/City Treasurer in government agency securities with terms exceeding five (5) years, if the maturity of such investments are made to coincide as nearly as practicable with the life of the debt issue. A maximum of 30 percent of the par value of the portfolio may be invested in a stated maturity of up to 10 years.

3. New Investments
No new types of investments will be purchased for the first time without at least two weeks notification to the City Council. For example, although Mortgage Pass through securities are authorized investments, none will be purchased for the first time without such prior City Council notification.

VI. Investment Maturity
In addition to the risks associated with the credit-worthiness of the financial institution and the security of the investment vehicle, the maturity period of investments is also a significant consideration in the management of the City's portfolio. In order to minimize the impact of market risk, it is intended that all investments will be held until maturity. Investments may be sold prior to maturity for cash flow or appreciation purposes; however, no investment shall be made based solely on yields resulting from anticipated capital gains.

Also, except for debt proceeds, a maximum of 30 percent of the par value of the portfolio may exceed five years.

VII. Cash Management
To achieve a reasonable return on public funds, the following cash management practices will be followed:
• Maintain maximum investment of all City funds not required to meet immediate cash flow needs while maintaining adequate compensating balances as required under the City's banking services agreement.
• Pool resources available for investment from all City-administered funds, with interest earnings allocated to each of the funds in accordance with generally accepted accounting principles.
• Maximize the City's cash flow through the immediate deposit of all cash receipts, use of direct deposits and wire transfers when available, and appropriate timing of payments to vendors.

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17 • Maximize the cash flow information available through the use of only one operating bank account.

VIII. Evaluation of Investment Performance
As indicated in the Introduction section of this document, it is the City's primary investment objective to achieve a reasonable rate of return on public funds while minimizing risks and preserving capital. In evaluating the performance of the City's portfolio in achieving this objective, it is expected that yields on City investments will regularly meet or exceed the average return on the State Local Agency Investment Fund (LAIF).

IX. Investment Reporting
Consistent with Sections 16481.2 and 53646 of the Government Code, the Department of Finance shall submit an annual Statement of Investment Policies to the Council for consideration at a public meeting.

In addition to the submittal of an annual Statement of Investment Policies, the Department of Finance shall provide the Council with a quarterly and annual investment report providing the following information for each investment or security:
• Issuer or broker/dealer (financial institution)
• Type of investment
• Certificate or other reference number if applicable
• Percentage yield on an annualized basis
• Purchase date
• Maturity date for each investment and the weighted average maturity of all the investments within the portfolio
• Current book value
• Current market value
• Total cost and market value, including source of this valuation, of the City's portfolio
• A description of the compliance with the Statement of Investment Policies • An evaluation of investment operations for the preceding year. This shall include an evaluation of how well the objectives have been achieved: the accuracy of forecasting expenditures and revenues, as well as a comparison of the average returns on the investment portfolio with that of the Local Agency Investment Fund (LAIF).
• Report of investments. The Director of Finance shall prepare a report that provides a clear status of the current investment portfolio and transactions. The report will be prepared in a manner which allows the City Manager and Council to ascertain whether investment activities during the reporting period have conformed to the investment policies.

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18 • Summary of key or unusual events, including but not limited to:
 Any exceptions to policies;
 Adherence to or deviations from social investment goals;  Purchases of Treasury securities, other than in repurchase agreements with maturities of seven days or less;
 Purchases of securities that exceed maturity limits;
 Sales of securities more than three months before maturity;  Changes in investment procedures, dealers, staff, etc. • Investment performance:
 A glossary, defining all funds or accounts referred to elsewhere in the report; and a listing of banks, securities dealers and custodians that the City has had investment transactions during the period.  A summary of the certifications for deposits of City funds.  Other information regarding the City's portfolio as appropriate The Quarterly Investment Report shall include all investments as of the end of the quarter from all funds held in the City's portfolio, and shall be issued within 60 days after the end of the quarterly reporting period to the City Manager, and the City Council; the annual report shall be issued within 90 days after the end of the fiscal year to the City Manager, and the City Council.

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19 X. Appendices
A. Investment Portfolio – Diversification Requirements
Investment Portfolio
Diversification Requirements
Investment Instrument Maximum Amount of Portfolio
Maximum
Length to
Maturity
Bank / Time Deposit Accounts 100% 5 Years
Money Market Deposit Accounts 100% N/A
Repurchase Agreements 10% 1 Year
Reverse Repurchase Agreements 10% 7 Days
Bankers Acceptances 40% 7 Days
U.S. Government Securities (Treasury Bills,
Notes, and Bonds)
100% 10 Years
U.S. Government Agency Securities by
Agency
100% 10 Years
Certificates of Deposit (Negotiable) 30% 10 Years
Municipal Bonds 100% 5 Years
Commercial Paper 25% 180 Days
Medium Term Notes 30% 10 Years
Public Bank Obligations 10% of Unrestricted Investments 5 Years

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20 B. Berkeley’s ESG Investing Initiative

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ATTACHMENT 3

CITY OF BERKELEY

INVESTMENT POLICY

FOR RETIREE MEDICAL PLAN TRUST FUNDS
Effective July 1, 2022

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City of Berkeley

INVESTMENT POLICIES FOR RETIREE MEDICAL PLAN

TRUST FUNDS
July 1, 2022
Table of Contents
I. Introduction
A. Scope of Policies .................................................................................................................................1 B. Investment Objectives..........................................................................................................................1 C. Use of State Investment Guidelines ....................................................................................................2 II. Investment Authority and Responsibilities
A. Authorized Investment Officers..........................................................................................................2 B. Internal Controls ..................................................................................................................................2 C. Evaluation of Investment Officer Actions ..........................................................................................3 III. Capital Preservation and Risk
A. Overview..............................................................................................................................................4 B. Portfolio Diversification Practices ......................................................................................................4 IV. Eligible Financial Institutions
A. Authorized Dealers..............................................................................................................................5 B. Individual Placement of Deposits........................................................................................................5 V. Investment Vehicles
A. State of California Limitations............................................................................................................6 VI. Investment Maturity...................................................................................................................................10 VII. Cash Management.....................................................................................................................................10 VIII. Evaluation of Investment Performance.................................................................................................10 IX. Investment Reporting..................................................................................................................................10 Appendix
A. Investment Portfolio—Diversification Requirements......................................................................12

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1 I. INTRODUCTION
Pursuant to Sections 2.44.040 and 2.44.060 of the Berkeley Municipal Code, Resolution No. 45,087-N.S., and Sections 53601, 53607, 53636 and 53648 of the State Government Code, the Director of Finance, the Treasurer of the City, is authorized to make investments of the City’s idle funds. The Code also directs the City to present an annual investment policy to the City Council for approval. This Investment Policy, after approval of the amendments by the City Council, will serve as the Investment Policy for the City of Berkeley for the subsequent fiscal year.

Notwithstanding Section 53601 or 53635, the governing body of a local agency may invest funds designated for the payment of employee retiree health benefits in any form or type of investment deemed prudent by the governing pursuant to Section 53622. The authority of the governing body to invest or to reinvest funds intended for the payment of employee retiree health benefits, or to sell or exchange securities purchased for that purpose, may be delegated by the governing body to designated officers. The City Council has designated the Director of Finance, the Treasurer of the City, or his/her designee, the authority to make investments of the City’s retiree medical plan trust funds.

Funds intended for the payment of employee retirement health benefits shall only be held for the purpose of providing benefits to participants in the retiree health benefit plan and defraying reasonable expenses of administering that plan.

The governing board or designated officer, when making investments of the funds, shall discharge its duties with respect to the investment of the funds. (1) Solely in the interest of, and for the exclusive purposes of providing benefits to, participants in the retiree health benefit plan, minimizing employer contributions thereto, and defraying reasonable expenses of administering the plan. (2) With care, skill, prudence, and diligence under the circumstances then prevailing that a prudent person acting in a like capacity and familiar with these matters would use in the conduct of an enterprise of a like character and with like aims. (3) Shall diversify the investments of the funds so as to minimize the risk of loss and to maximize the rate of return, unless under the circumstances it is clearly prudent not to do so.

A. SCOPE OF POLICIES
These investment policies apply to the investments of the Retiree Medical Plan Trust Funds.

B. INVESTMENT OBJECTIVES
The Treasurer adheres to the principle which maintains that over the long-term, prudent investment risk-taking may be rewarded with higher incremental returns. Consequently, while capital preservation (i.e., Safety) is regarded to be of paramount importance, the Treasurer regards prudent risk-taking as justifiable.

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2 C. USE OF STATE INVESTMENT GUIDELINES
As required under Government Code Sections 16481.2 and 53646, the Statement of Investment Policies will be reviewed by the Council annually.

II. INVESTMENT AUTHORITY AND RESPONSIBILITIES
A. AUTHORIZED INVESTMENT OFFICERS

1. Retiree Medical Trust Funds:

A Trust is to be established by the City for the purpose of holding and investing assets separate and apart from the other funds of the City to fund the benefits of the Program. The specific terms governing the Trust are to be set forth in a separate trust instrument.  The trustee of the Trust (the “Trustee”) may be the City Treasurer (i.e., Director of Finance) or an independent third party qualified to act as a trustee under California law and designated by the City.
 The Trustee shall be a fiduciary of the Program and shall act solely in the interest of the Participants, minimizing employer contributions to the Trust, and defraying reasonable expenses of administering the Program.
 The City Manager may, with the written concurrence of the City Council, appoint an “investment manager” (as that term is defined in section 3(38) of the Employee Retirement Income Security Act) to have responsibility for investment of the Trust assets. In this case, the Trustee shall act as directed by the investment manager. The investment manager shall act as a fiduciary of the Program and shall act with the same duties and responsibilities set out in “Investment Objectives” section above.

B. INTERNAL CONTROLS
The Director of Finance shall establish a system of internal controls designed to prevent losses of trust funds arising from fraud, employee error, misrepresentation of third parties, unanticipated changes in financial markets, or imprudent actions by employees and officers of the City of Berkeley. The concept of reasonable assurance recognizes that (1) the cost of a control should not exceed the benefits likely to be derived; and (2) the valuation of costs and benefits requires estimates and judgments by management. These controls shall include:
 Separation of transaction authority from accounting and physical custody.  By separating the person who authorizes or performs the transaction from the people who record or otherwise account for the transaction, a separation of duties is achieved.
 Also, securities purchased from any bank or dealer including appropriate collateral (as defined by State Law), shall be placed with an independent third party for custodial safekeeping.
 Avoidance of physical delivery of securities by using a delivery versus payment “Basis

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3 of Settlement Only”.
 All trades will be executed on a delivery versus payment (DVP) basis. This ensures that securities are delivered to the City’s safekeeping bank at the same time the funds are released by the City’s safekeeping bank.
 Third-Party custodial safekeeping of securities held in the name of the City.

Delivered securities must be properly safeguarded against loss or destruction. Book entry securities are recorded in electronic records and the potential for fraud and loss increases with physically delivered securities. All investment securities, except collateralized certificates of deposit and money market funds, purchased by the City will be delivered by either book entry or physical delivery and will be held in third- party safekeeping by a City-approved custodian bank, its correspondent New York Bank or the Depository Trust Corporation (DTC). Whenever possible, securities purchased are to be recorded in “book entry” form.
 All securities and applicable collateral will be held by the City’s third party custodian and evidenced by safekeeping receipts. All book entry securities owned by the City shall be evidenced by a safekeeping receipt issued to the City by the custodian bank to acknowledge that the securities are held in the Federal Reserve system in a “customer account” for the custodian bank which names the City as “customer”; The Director of Finance will require each approved safekeeping financial institution to submit a copy of its Consolidated Report of Condition and Income (Call Report) to the City within 60 days after the end of each calendar quarter.
 Competitive bidding on investment transactions. Before the City invests in any secondary market funds, competitive bids shall be requested. If a specific maturity date is required, either for cash flow purposes or for conformance to maturity guidelines, bids will be requested from at least three financial institutions for instruments which meet the maturity requirement. If no specific maturity is required, a yield curve analysis will be conducted to determine which maturities would be most advantageous.
 Written confirmation and documentation of all financial transactions.  Due to the potential for error and improprieties arising from telephone transactions, all telephone transactions should be supported by written communications and approved by the appropriate person. Written communications may be via fax if on letterhead and the safekeeping institution has a list of authorized signatures.  Rapid deposit of funds received by the City (i.e., large checks.)  Bonding of all investments officials.

C. EVALUATION OF INVESTMENT OFFICER ACTIONS
Section 53600.3 of the Government Code identifies trustees as those persons authorized to make investment decisions on behalf of a local agency. As a trustee, the standard of prudence to be used by investment officials shall be the "prudent investor" standard and shall be applied in the context of managing an overall portfolio. Investment officers acting in accordance with written procedures, and exercising due diligence shall be relieved of personal responsibility for an individual security's credit risk or market price changes, provided deviations from expectations

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4 are reported in a timely fashion and the liquidity and the sale of securities are carried out in accordance with the terms of this plan.

III. CAPITAL PRESERVATION AND RISK
A. OVERVIEW
The Treasurer adheres to the principle which maintains that over the long-term, prudent investment risk-taking may be rewarded with higher incremental returns. Consequently, while capital preservation (i.e., Safety) is regarded to be of paramount importance, the Treasurer regards prudent risk-taking as justifiable.

Some level of risk is inherent in any investment transaction. Losses may be incurred due to issuer default, market price changes, or technical cash flow complications such as investments in non-marketable certificates of deposit. Diversification of the City's portfolio by institution, investment vehicle, and maturity term is the primary tool available to the City in minimizing investment risk and capital losses by safeguarding the overall portfolio from any individual loss.

B. PORTFOLIO DIVERSIFICATION PRACTICES
The following sections summarize the City's major portfolio diversification practices and guidelines in determining:
 Authorized Dealers
 Investment Vehicles
 Investment Maturity
Portfolio limitations included in these guidelines are to be based on the portfolio composition and investment management plan policies in effect at the time of placement; the actual composition of the City's investments may vary over time from plan limitations due to overall portfolio changes from when the individual placement was made as well as changes in the City's investment management plan.

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5 IV. ELIGIBLE FINANCIAL INSTITUTIONS
A. AUTHORIZED DEALERS
 Investments shall be purchased only through well-established, financially sound institutions. The Finance Director shall maintain a list of financial institutions and broker/dealers approved for investment. All financial institutions and broker/dealers who desire to become qualified bidders for investment transactions will be given a copy of the City’s Statement of Investment Policies, and a return cover letter which must be signed indicating that the Statement of Investment Policies has been read and understood.

Qualified financial institutions and broker/dealers must supply the Director of Finance with the following:

Financial Institutions
Current audited financial statements
Depository contracts, as appropriate
A copy of the latest FDIC call report or the latest FHLBB report, as appropriate.

Broker/Dealers
Current audited financial statements
Proof that brokerage firm is a member in good standing with a national securities exchange.
 Except for repurchase agreements, investments shall be awarded based on competitive bids. Documentation relating to investment quotes shall be maintained by the Finance Department for a period of one year.

B. INDIVIDUAL PLACEMENT OF DEPOSITS
Individual placement of negotiable, collateralized, and other time certificates of deposit with eligible financial institutions shall be based on the following practices and procedures:
 Deposits shall only be placed with financial institutions maintaining offices within the City of Berkeley.
 Unless collateralized by eligible securities as provided in Sections 53651 and 53652 of the Government Code, the maximum amount of Certificates of Deposit to be placed with any single institution is $250,000.

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6 V. INVESTMENT VEHICLES
The governing body of a local agency may invest funds designated for the payment of employee retiree health benefits in any form or type of investment deemed prudent by the governing pursuant to Section 53622. Some of the investment vehicles the City Council has authorized are the following:

2. Government Sponsored Enterprises
As authorized in Government Code Section 53601(f), this category includes a wide variety of government securities. These securities include U. S. government-sponsored enterprise obligations, such as issues by the Federal National Mortgage Association (FNMA's), Federal Home Loan Bank (FHLB), Federal Farm Credit (FFCB), Student Loan Marketing Association (SLMA), etc. There are no portfolio limitations on the amount.

3. Municipal Securities
As authorized in Government Code Section 53601(a)(c)(d)(e), this category includes obligations of the City, the State of California, any of the other 49 states, and any local agency within the State of California, provided that:
• The securities are rated “A” or higher by at least one nationally recognized statistical rating organization.
•
• There are no limitations on the amount or period.

4. Banker's Acceptances
As provided in Government Code Section 53601(f)g, 40% of the City's portfolio may be invested in Banker's Acceptances, otherwise known as bills of exchange or time drafts that are drawn on and accepted by a commercial bank, although no more than 30% of the portfolio may be invested in Bankers' Acceptances with any one commercial bank. Additionally, the maturity period cannot exceed 180 days.

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7 6. Negotiable Certificates of Deposit
Negotiable certificates of deposit are a fixed deposit certificate that may be negotiated (traded) to a third party. The institution issuing the certificate promises to pay the holder the initial investment plus the interest rate stated on the certificate at maturity. As authorized in Government Code Section 53601(i), the City may invest 30% of its portfolio in negotiable certificates of deposit issued by commercial banks, thrifts and foreign banks.

7. Repurchase Agreements
Repurchase agreements are agreements between the local agency and seller for the local agency to purchase government securities to be resold back to the seller at a specific date and for a specific amount and are authorized by Government Code Section 53601(j). Although the legal maximum maturity on these investments is 360 days, repurchase agreements are generally short- term investments varying from one day to two weeks. Investments in repurchase agreements must be collateralized, and collateral required for repurchase agreements is limited to Treasury and Agency securities. In order to anticipate market changes and provide a level of security for all funds, the required collateralization level is 102% of market value of principal and accrued interest.

8. Reverse Repurchase Agreements
Reverse repurchase agreements are a sale of securities by the local agency with a simultaneous agreement for the local agency to repurchase the securities on or before a specified date. As provided in Government Code section 53635(j), reverse repurchase agreements require the prior approval of the City Council. Reverse repurchase agreements can only be made with primary dealers of the Federal Reserve Bank of New York or with a nationally or state-chartered bank that has or has had a significant banking relationship with the local agency. There are no portfolio limitations on the amount for these investments.

9. Medium-Term Corporate Notes
As authorized in Government Code Section 53601(k), local agencies may invest in corporate bonds and notes of industrial companies, banks, bank holding companies, insurance companies, thrifts and finance companies that are rated “A” or better by a nationally recognized rating service; and issued by corporations organized and operating in the United States. There are no portfolio limitations for these investments.

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8 12. Time Certificates of Deposit
As authorized in Government Code Section 53635, time certificates of deposit are fixed term, non-negotiable investments which are required to be collateralized 110% by eligible pooled securities. The pool is administered by the State, and is composed of a wide variety of government securities, secured by first mortgages on improved residential property located in the State. There are no portfolio limits on the amount; however the maturity period for this investment vehicle may not exceed five years unless approved by the Council.

14. Moneys Held By A Trustee Or Fiscal Agent
As authorized in Government Code Section 53601(m), debt proceeds held by a trustee or fiscal agent, which are pledged to the payment or security of bonds or other indebtedness may be invested in accordance with the statutory provisions governing the issuance of those bonds or other agreement; or to the extent not inconsistent with statutory provisions, or if there are no specific statutory provisions, investments may be made in accordance with the ordinance, resolution, indenture, or agreement of the local agency for the issuance.

This category includes investment agreements approved in writing by insurance companies, supported by appropriate opinions of counsel with notice to Standard and Poor’s.

16. Mortgage Pass Through, Collateralized Mortgage Obligation, Mortgage-backed Bond, Equipment Lease-backed Certificate, Consumer Receivable Pass through Certificate, and Consumer Receivable-backed Bond
As authorized in Government Code Section 53601(o), securities in this category must be rated “AA” or its equivalent or better by a nationally recognized rating service. Purchases may not exceed 20% of the agency’s portfolio.

In addition to the authorized investments above, the following investments may be made by Retiree Medical plan funds:
 Up to 100% of the retiree medical plans funds may be invested in equity mutual funds 1 or equity index funds2, preferred stock3 and bond funds 4.

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9 1Equity Mutual Fund – A financial intermediary that allows a group of investors to pool their money together with a predetermined investment objective. The mutual fund will have a fund manager who is responsible for investing the pooled money into specific securities. When you invest in a mutual fund, you are buying shares of the mutual fund and become a shareholder of the fund. They are very cost effective, as the fund can purchase securities with much lower trading costs then an individual investor. But the biggest advantage to mutual funds is diversification.
2Equity Index Fund – A mutual fund that attempts to copy the performance of a stock market index. The most common index fund tries to track the S&P 500 by purchasing all 500 stocks using the same percentages as the index. Index funds have lower fees because computers do most of the work. There is no need to hire an expensive fund manager or research analysts.

Index funds can have an expensive ratio as low as .18%, while actively managed funds can have an expense ratio over 3%. Over the long-term, the S&P 500 beats the returns of 80% of actively managed funds.
3Preferred Stock – A hybrid between common stock and a bond. Each share of preferred stock is normally paid a guaranteed dividend that receives first priority (i.e., the common stockholders cannot receive a dividend until the preferred dividend has been paid in full) and has priority over the common stockholders relative to the company’s assets in the event of bankruptcy.
4Bond Fund- A bond fund is a more efficient way of investing in bonds than buying individual securities. Bond mutual funds are just like stock mutual funds in that you put your money into a pool with other investors, and a professional invests that pool of money according to what he or she thinks the best opportunities are. They are very cost effective, as the fund can purchase securities with much lower trading costs then an individual investor. But the biggest advantage to mutual funds is diversification.

Some of the investment vehicles that are Unallowable Investment Vehicles and Restrictions:

The Director of Finance/City Treasurer is not authorized to invest in any of the following investment vehicles:

See Appendix A for the Investment Portfolio/Diversification Requirements, which lists the maximum amounts that may be invested in the various investment types and the maximum authorized maturities.

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10 In accordance with Government Code Sections 53620-53622, the assets of the City of Berkeley Retiree Medical Plan Trust may be invested in any form or type of investment deemed prudent by the City Council.The maximum maturity for Retiree Medical Plan Trust funds is 30 years.

VI. CASH MANAGEMENT
To achieve a reasonable return on public funds, the following cash management practices will be followed:
 Maintain maximum investment of all City funds not required to meet immediate cash flow needs.
 Maximize the City's cash flow through the immediate deposit of all cash receipts, use of direct deposits and wire transfers when available, and appropriate timing of payments to vendors.  Maximize the cash flow information available through the use of only one operating bank account.

VII. EVALUATION OF INVESTMENT PERFORMANCE
An actuarial study commissioned by the City many years ago determined that, in addition to City Contributions, an average rate of return of 7% on miscellaneous employees’ retiree medical trust fund assets invested must be achieved to fund the retiree health benefit at the desired 70% level.

Primarily as a result of the Federal Reserve Board’s decision to keep short-term rates near zero for the last 10 years, the average rate currently earned is significantly below that 7% level.

VIII. INVESTMENT REPORTING
Consistent with Sections 16481.2 and 53646 of the Government Code, the Department of Finance shall submit an annual Statement of Investment Policies to the Council for consideration at a public meeting.

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11  An evaluation of investment operations for the preceding year. This shall include an evaluation of how well the objectives have been achieved: the accuracy of forecasting expenditures and revenues, as well as a comparison of the average returns on the investment portfolio with that of the Local Agency Investment Fund (LAIF).  Report of investments. The Director of Finance shall prepare a report that provides a clear status of the current investment portfolio and transactions. The report will be prepared in a manner which allows the City Manager and Council to ascertain whether investment activities during the reporting period have conformed to the investment policies.
 Summary of key or unusual events, including but not limited to:
o Any exceptions to policies;
o Adherence to or deviations from social investment goals; o Purchases of Treasury securities, other than in repurchase agreements with maturities of seven days or less;
o Purchases of securities that exceed maturity limits;
o Sales of securities more than three months before maturity; o Changes in investment procedures, dealers, staff, etc.  Investment performance;
o A glossary, defining all funds or accounts referred to elsewhere in the report; and o A listing of banks, securities dealers and custodians that the City has had investment transactions during the period.
o A summary of the certifications for deposits of City funds. o Other information regarding the City's portfolio as appropriate The Quarterly Investment Report shall include all investments as of the end of the quarter from all funds held in the City's portfolio, including funds held and invested by trustees; and shall be issued within 30 days after the end of the quarterly reporting period to the City Manager, and the City Council; the annual report shall be issued within 90 days after the end of the fiscal year to the City Manager, and the City Council.

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12 APPENDIX A

INVESTMENT PORTFOLIO
Diversification Requirements
Investment Instrument
Maximum
Amount
Of Portfolio
Maximum
Length
To Maturity
Bank / Time Deposit
Accounts 100% 5 Years
Money Market Deposit
Accounts 100% N/A
Repurchase Agreements 10% 1 Year
Reverse Repurchase
Agreements 10% 7 Days
Bankers Acceptances 40% 7 Days
U.S. Government Securities
(Treasury Bills,
Notes, and Bonds)
100% 30 Years
U.S. Government Agency
Securities by Agency 100% 30 Years
Certificates of Deposit
(Negotiable) 30% 30 Years
Municipal Bonds 100% 30 Years
Commercial Paper 25% 180 Days
Medium Term Notes 30% 30 years
In addition to the investments above, the following investments may be made by Retiree Medical plan funds:
 Up to 25% of the retiree medical plans funds may be invested in equity mutual funds 1 or

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13 equity index funds2, and preferred stock3.
1Equity Mutual Fund – A financial intermediary that allows a group of investors to pool their money together with a predetermined investment objective. The mutual fund will have a fund manager who is responsible for investing the pooled money into specific securities. When you invest in a mutual fund, you are buying shares of the mutual fund and become a shareholder of the fund. They are very cost effective, as the fund can purchase securities with much lower trading costs then an individual investor. But the biggest advantage to mutual funds is diversification.
2Equity Index Fund – A mutual fund that attempts to copy the performance of a stock market index. The most common index fund tries to track the S&P 500 by purchasing all 500 stocks using the same percentages as the index. Index funds have lower fees because computers do most of the work. There is no need to hire an expensive fund manager or research analysts. Index funds can have an expensive ratio as low as .18%, while actively managed funds can have an expense ratio over 3%. Over the long-term, the S&P 500 beats the returns of 80% of actively managed funds.
3Preferred Stock – A hybrid between common stock and a bond. Each share of preferred stock is normally paid a guaranteed dividend that receives first priority (i.e., the common stockholders cannot receive a dividend until the preferred dividend has been paid in full) and has priority over the common stockholders relative to the company’s assets in the event of bankruptcy.

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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

RECOMMENDATION
Adopt a Resolution establishing the appropriations limit at $328,834,462 for FY 2023 pursuant to Article XIIIB of the Constitution of the State of California based on the calculations for the appropriations limit.

FISCAL IMPACTS OF RECOMMENDATION
The amount of appropriations subject to the limit are budgeted proceeds of taxes (e.g., all taxes levied; transfers from an enterprise fund to the extent those transfers exceed the cost of providing the services; discretionary state subventions; interest earned from the investment of proceeds of taxes, etc.), and the total of these budgeted revenues cannot exceed the total appropriations limit. The City’s actual appropriations in each fiscal year have been significantly below the limit, as they will be for FY 2023. Thus, there are no present financial implications of establishing the limit.

CURRENT SITUATION AND ITS EFFECTS
Each year in June, concurrent with the adoption of the budget, Council must approve an appropriations limit for the following fiscal year pursuant to the State constitution. This resolution adopts the appropriations limit for FY 2022 at $328,834,462. The excess of the appropriations limit over appropriations is $55,077,874 for FY 2023 based on the proposed budget appropriations for FY 2023.

The Finance Department has compiled the data and made calculations to determine the FY 2023 appropriations limit. The documentation of determination, upon adoption and promulgation of the attached draft resolution, has been available for review by the public in the Office of the City Clerk. Exhibits A and B attached hereto, provide the required documentation. Exhibit A is a summary of the appropriations limit determination, the amount of appropriations subject to the limit, and the excess of the appropriations limit over appropriations. Exhibit B provides details of the appropriations limit calculations.

The Council action will set the FY 2023 appropriations subject to the limitations of Article XIIIB of the Constitution of the State of California, which may not exceed the

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Appropriations Limit for FY 2021 CONSENT CALENDAR
June 28, 2022

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amounts calculated by the City’s Finance Department. These calculations were filed with the City Clerk at least 15 days prior to June 28, 2022.

BACKGROUND
In November 1989, the voters of the State of California approved Proposition 4, commonly known as the (Paul) Gann Initiative, and added Article XIIIB of the State’s Constitution. In June 1990, this Article was modified by the passing of Proposition 111.

These propositions placed various limitations on the fiscal powers of state and local government.

Senate Bill 1352 requires that: 1) the governing body of each local jurisdiction shall establish by a legislative action its appropriations limit at a regularly scheduled meeting or noticed special meeting; and 2) 15 days prior to such meeting, give notice that documentation used to determine the appropriations limit shall be made available to the public.

The Council action will set the FY 2023 appropriations subject to the limitations of Article XIIIB of the Constitution of the State of California, which may not exceed the amounts calculated by the City’s Finance Department. These calculations were filed with the City Clerk 15 days prior to June 28, 2022.

RATIONALE FOR RECOMMENDATION
This is a state law.

ALTERNATIVE ACTIONS CONSIDERED
None

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

CONTACT PERSON
Henry Oyekanmi, Director, Finance Department, 981-7326
Attachments:
1: Resolution
Exhibit A: GANN Appropriation Limit FY 2023
Exhibit B: Schedule to Calculate Appropriation Limitation FY 2023

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

ESTABLISHING AN APPROPRIATIONS LIMIT FOR FY 2023
WHEREAS, on November 6, 1979, the citizens of the State of California approved Proposition 4, which added Article XIII B to the Constitution of the State of California to place various limitations on the fiscal powers of State and local government; and WHEREAS, on June 5, 1990, the citizens of the State of California approved Proposition 111 which provided new Proposition 111 adjustment formulas; and WHEREAS, Senate Bill 1352, enacted by the Legislature of the State of California, provides for the implementation of Article XIII by defining various terms in this article; and
WHEREAS, pursuant to the requirements of Senate Bill 1352, the City Council, on May 31, 2016 adopted a Resolution which gave notice, as required by law, that the City Council would establish the City of Berkeley appropriations limit for FY 2023 by a Resolution of the City Council on June 28, 2022.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley, that the Council, pursuant to the requirements and criteria set forth in Senate Bill 1352, does hereby establish the appropriations limit at $328,834,462 for FY 2023 for the City of Berkeley as documented in Exhibits A and B attached hereto and incorporated herein by reference as though fully set forth.

Exhibits:

A: GANN Appropriation Limit FY 2023
B: Schedule to Calculate Appropriation Limitation FY 2023

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FY 2022 Gann Appropriation Limit of $251,375,973 (before Special Taxes Added), Adjusted for Growth Factor of 1.0688 (See Exhibit B) 268,670,640$ ADD BACK:

Library Relief Tax 23,837,768
Emergency Medical Services Special Tax 3,562,620
Park Maintenance, City Trees and Landscaping Special Tax 16,791,663 Emergency Services for Severely Disabled Tax 1,590,735
Firefighting, Emergency Medical Response and Wildfire 8,604,000 Fire Protection and Emergency Response and Preparedness 5,777,036 TOTAL Gann Appropriation Limitation 328,834,462$ (1)
Appropriations Subject to Gann Limitation 273,756,588$ (2) EXCESS of Limitation Over Appropriation 55,077,874$
The GANN Limit override to raise the spending limit for the special taxes are required to be renewed by voters every four years. The date the next GANN Limit override is to be submitted to voters is November, 2024

EXHIBIT A

CITY OF BERKELEY
GANN APPROPRIATION LIMITATION FOR FY 2023
(Based on the FY 2023 Proposed Budget)
Notes:
(1) The appropriation limit is the calculated dollar amount, which restricts the ability to receive and appropriate proceeds of taxes.
(2) The amounts of appropriations subject to the limitation are budgeted proceeds of taxes (e.g., all taxes levied; transfers from an enterprise fund to the extent those funds exceed the cost of providing the services; discretionary state subventions; interest earned from the investment of proceeds of taxes, etc.) and the total of these budgeted revenue cannot exceed the total appropriation limitations.

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Internal EXHIBIT B

CITY OF BERKELEY
SCHEDULE TO CALCULATE APPROPRIATION LIMITATION FOR FY 2020 (Based on the FY 2020 Proposed Budget)
Total City Appropriations (Per Final Amended Budget for FY 1978/79) $ 7 2,457,778 Less: 1. Debt Service Appropriation $ 457, 186

2. Inter-service Funds:

Equipment Maintenance 1,436,890
Warehouse 554,883

3. Enterprise Funds:

Off-Street Parking 414,609
Marina Operations & Maintenance 1,623,144
Sanitary Sewer Maintenance &
Construction 1,260,012
Refuse Collection 3,635,197

4. Non-Proceeds of Taxes 33,147,004
Appropriation Subject to Limitation 42,528,925
Base Year 1978/79 $ 29,9 28,853
Fiscal
Year
Beginning Balances Less: Transferred Cost Add Back: Special Taxes Subtotal
Transferred
Cost and
Special Taxes
Appropriation
Limit After
Transferred Cost
and Add Back of
Special TaxesGrowth Factor
Appropriation Limit
Before Transferred Cost
and Add Back of Special
Taxes Landscaping Street Lighting Library Relief Tax
Emergency Medical
Services Special Tax
Park
Maintenance
City Trees and
Landscaping
Special Tax
Emergency
Paratransit
Tax
Disaster Fire
Protection Tax
Fire Protection
& Emergency
Response &
Preparedness
Firefighting,
Emergency
Medical
Response and
Wildfire
Base Year $ 29,928,853 - $ 29,9 28,853
1980 1.097700 32,852,902 - 32,852,902
1981 1.121400 36,841,244 - 36,841,244
1982 1.083100 39,902,752 $ (949,298) $ (522,600) $ (1,471,898) 38,430,854 1983 1.070200 41,128,700 - 41,128,700
1984 1.029600 42,346,109 - 42,346,109
1985 1.047000 44,336,377 - 44,336,377
1986 1.045400 46,349,249 - 46,349,249
1987 1.025800 47,545,060 - 47,545,060
1988 1.047500 49,803,451 - 49,803,451
1989 1.054700 52,527,700 - 52,527,700
1990 1.050200 55,164,591 $ 6,01 0,000 6,010,000 61,174,591 1991 1.056300 58,270,356 6,600,000 6,600,000 64,870,356 1992 1.056800 61,580,113 6,752,000 6,752,000 68,332,113 1993 1.057900 65,145,601 6,850,000 6,850,000 71,995,601 1994 1.043100 67,953,377 7,202,000 7,202,000 75,155,377 1995 1.016900 69,101,789 7,202,000 7,202,000 76,303,789 1996 1.030200 71,188,663 7,570,000 7,570,000 78,758,663 1997 1.063200 75,687,786 7,570,000 7,570,000 83,257,786 1998 1.060800 80,289,604 7,570,000 $ 1,63 9,599 $ 5,50 0,000 14,709,599 94,999,203 1999 1.060400 85,139,096 7,927,500 1,651,547 5,790,163 15,369,210 100,508,306 2000 1.059900 90,238,928 8,373,875 1,701,093 5,850,400 15,925,368 106,164,296 2001 1.057500 95,427,666 8,936,938 1,812,014 6,025,912 16,774,864 112,202,530 2002 1.097300 104,712,778 9,478,469 1,927,257 7,211,984 $ 661, 000 19,278,710 123,991,488 2003 0.999740 104,685,553 9,997,653 1,974,876 7,435,281 689,369 $ 1,000 ,000 21,097,179 125,782,732 2004 1.031489 107,981,996 11,654,000 2,034,352 7,609,028 690,475 970,000 22,957,855 130,939,851 2005 1.040236 112,326,760 11,603,755 2,000,000 7,594,920 702,727 950,639 22,852,041 135,178,801 2006 1.060000 119,066,366 12,214,113 2,040,000 7,755,780 754,105 969,652 23,733,650 142,800,016 2007 1.052907 125,365,810 12,580,535 2,120,827 7,975,189 771,244 969,652 24,417,447 149,783,257 2008 1.055370 132,307,315 13,209,469 2,184,452 8,214,445 805,333 998,742 25,412,441 157,719,756 2009 1.056666 139,804,642 13,520,414 2,274,380 8,502,545 839,882 969,652 26,106,873 165,911,515 2010 1.018780 142,430,173 13,655,619 2,297,124 8,587,570 889,152 969,652 5,400,000 31,799,117 174,229,290 2011 1.072060 152,693,690 13,904,789 2,332,903 8,754,869 894,401 969,652 3,600,000 30,456,614 183,150,304 2012 1.0381 158,511,319 14,425,555 2,461,803 9,237,474 944,155 969,652 3,788,761 31,827,400 190,338,719 2013 1.04787 166,099,254 15,028,438 2,484,633 9,309,080 967,511 985,734 3,879,323 32,654,719 198,753,973 2014 1.063912 176,714,993 15,870,770 2,561,235 9,586,190 1,022,302 985,734 4,095,987 34,122,218 210,837,211 2015 1.011200 178,694,201 16,345,912 2,640,032 9,865,971 1,052,122 985,734 4,186,198 35,075,969 213,770,170 2016 1.051700 187,932,691 16,617,288 2,687,121 10,043,981 1,070,929 985,734 4,256,304 35,661,357 223,594,048 2017 1.064900 200,129,523 17,893,335 2,778,750 12,150,387 1,152,175 985,734 4,583,053 39,543,434 239,672,957 2018 1.047200 209,575,636 18,786,687 2,916,558 12,763,390 1,209,625 985,734 4,812,892 41,474,886 251,050,522 2019 1.045400 219,090,370 19,746,463 3,047,265 13,411,968 1,270,257 985,734 5,058,273 43,519,960 262,610,330 2020 1.046200 229,212,345 20,806,525 3,215,011 14,143,821 1,339,668 985,734 5,328,686 45,819,445 275,031,790 2021 1.041100 238,632,972 20,342,539 3,183,676 14,369,024 1,361,402 985,734 5,405,100 45,647,475 284,280,447 2022 1.053400 251,375,973 21,704,603 3,330,634 15,320,468 1,451,853 0 5,559,637 12,750,000 60,117,195 311,493,168 2023 1.068800 268,670,640 23,837,768 3,562,620 16,791,663 1,590,735 0 5,777,036 8,604,000 60,163,822 328,834,462 - - -

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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 28, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing and Community Services Subject: Revenue Grant Agreement: Medi-Cal Administrative Activities Funding from State of California to Conduct Health Promotion Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to submit grant agreements to the State of California, to accept the grants, and to execute any resultant revenue agreements and amendments to conduct health promotion for the Medi-Cal Administrative Activities (MAA) program for an amount not to exceed $4,200,000 for the period of the agreement, Fiscal Years 2023 through 2025.

FISCAL IMPACTS OF RECOMMENDATION
The MAA program reimburses a portion of the City's public expenditure that supports Medi-Cal-related activities. This funding can be up to $1,400,000 per year for three years for the Public Health Division, the Aging Services Division and the Health, Housing and Community Services (HHCS) Office of the Director. The precise amount of revenue the City earns is determined by the City's level of match funding, program staff time-studies, and level of eligible services. The revenue and expense for this contract will be tracked in Targeted Case Management/Linkages fund in the Aging Services, Public Health, and Office of the Director Divisions within HHCS (ERMA GL 313-51-505- 5XX-2070/313-51-505-5XX-2071).

Spending of all referenced grant funds is subject to Council approval of the budget for each fiscal year and the Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
The Health, Housing and Community Services Department provides a broad range of public health and community health services in Berkeley; with the goals of achieving health equity, promoting healthy environments and behaviors, protecting residents from disease, and preventing illness, disability, and premature death. Funding through Medi- Cal Administrative Activities supports this work by supporting program efforts to enroll community members into Medi-Cal and assist their access to Medi-Cal services.

BACKGROUND

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Revenue Grant Agreement: Medi-Cal Administrative Activities CONSENT CALENDAR Funding from State of California to Conduct Health Promotion Services June 28, 2022

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The City of Berkeley receives funding from many sources annually to complete work related to achieving health equity and health promotion in the community. As a local health jurisdiction, the City is entitled to specific State funding to meet core public health objectives. The HHCS Department is committed to providing essential services to the community to prevent the spread of disease and to promote healthy environments.

The State establishes funding caps for the MAA program, with actual revenue determined by City matching funds and service delivery. Revenue projections are based on recent year actual revenues in these programs, service-delivery staffing, eligible client populations, and available matching funds. These projections enable the Department to keep expenditures within actual revenues by budgeting expenditures to realistic revenue projections.

The MAA Program provides administrative activities that directly support efforts to identify and enroll potentially eligible persons into Medi-Cal in the Public Health and Aging Services Divisions.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The HHCS Department tracks MAA program staff time studies using a web-based time- tracking system, which eliminates the need for paper documentation. MAA program invoices are also submitted to the California Department of Health Care Services electronically.

RATIONALE FOR RECOMMENDATION
These funds support vital services related to City mandates as a public health jurisdiction and local initiatives designed to improve the health of Berkeley residents.

These non-competitive grants support the Department's mission and provide the City with funding to continue working to protect and improve the health of the community.

ALTERNATIVE ACTIONS CONSIDERED
This funding is essential for the Department's mission and goals. The Health, Housing and Community Services Department assesses each funding source to ensure that it supports the City's mission and goals. The alternative action of not seeking any of these funding sources would result in a significant reduction in public health services to the community.

CONTACT PERSON
Tanya Bustamante, Manager of Aging Services Division, 981-5178 Attachments:
1: Resolution

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

GRANT AGREEMENT: STATE OF CALIFORNIA FOR THE MEDI-CAL

ADMINISTRATIVE ACTIVITIES PROGRAM
WHEREAS, the City of Berkeley Department of Health, Housing and Community Services is committed to the identification and enrollment of potentially eligible persons into Medi- Cal; and
WHEREAS, the City of Berkeley Department of Health, Housing and Community Services provides a broad range of critical public and community health services to the community; and
WHEREAS, the City of Berkeley Department of Health, Housing and Community Services works to achieve health equity, promote healthy environments and behaviors, protect residents from disease, and prevent illness, disability, and premature death; and WHEREAS, the City of Berkeley Department of Health, Housing and Community Services seeks to eliminate health inequities; and
WHEREAS, non-competitive grants from the State of California support the Department's mission and provide the City with funding to continue to protect and improve the health of the community.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to submit grant agreements to the State of California, to accept the grants, and execute any resultant revenue agreements and amendments to conduct public health promotion for Medi-Cal Administrative Activities (MAA) Program for an amount not to exceed $4,200,000 for the period of the agreement, Fiscal Years 2023 through 2025. The revenue and expense for this contract will be tracked in Targeted Case Management/Linkages fund in the Aging Services, Public Health and Office of the Director Divisions within the HHCS Department. A record signature copy of said agreements and any amendments shall 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
June 28, 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: Amending Contract No. 32100184 with O.C. Jones & Sons, Inc. for the Berkeley Marina Roadway Improvements Project

RECOMMENDATION
Adopt a Resolution amending contract no. 32100184 with O.C. Jones & Sons, Inc. for the Berkeley Marina Roadway Improvements Project by adding $200,000 for a total not- to-exceed contract amount of $6,375,185.82.

FISCAL IMPACTS OF RECOMMENDATION
Funds for the contract are currently available in the Marina Fund (from the 200 Marina Blvd, LLC Capital Contribution Agreement) and Measure T1. No other funding is required, and no other projects will be delayed due to this expenditure.

Construction contract
Current amount $6,175,185.82 Proposed amendment $200,000.00
Total construction contract cost $6,375,185.82 Amendment
Measure T1 Fund (511-52-545-000-0000-000-461-665110-PRWT119006)………..…...... $87,378 200 Marina Blvd, LLC (608-52-545-000-0000-000-461-665110-PRWT119006)………....$112,622 Total amendment $200,000

CURRENT SITUATION AND ITS EFFECTS
The contract with O.C. Jones & Sons, Inc. for the Berkeley Marina Roadway Improvements Project was executed on April 20, 2021 for a total amount not to exceed $6,175,185.82 (Resolution No. 69,801-N.S.).

During construction, unforeseen underground utilities and site conditions and an automobile accident require a contract amendment to allow additional work be performed. In addition, given that the roadway is opened up, other Other project elements can be constructed cost-effectively while the roadway is opened up, as follows: a sewer main extension for the future restroom building at Cesar Chavez Park on Spinnaker Way, a security camera connection at the intersection of Marina Blvd and

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Contract No. 32100184 Amendment: O.C. Jones & Sons, Inc. for the CONSENT CALENDAR Berkeley Marina Roadway Improvements Project June 28, 2022 University Ave, and installing native pollinator landscaping along the new medians on University Ave, Marina Blvd and Spinnaker Way.

BACKGROUND
On February 1, 2021, the Berkeley Marina Roadway Improvements Project: University Avenue (West Frontage Road to Marina Boulevard), Marina Boulevard, and Spinnaker Way Project was advertised for competitive bids. On March 11, 2021, ten (10) bids were received (See Attachment 2: Bid Abstract Summary). Staff reviewed the bid results and the Contractor’s references, and has determined that the bid from O.C.

Jones & Sons, Inc. is the lowest responsive and responsible bidder.

The Berkeley Marina is one of the largest marinas in the East Bay. It is a highly valued community resource offering recreational opportunities and open space amenities for both local residents and visitors throughout the Bay Area. It contains a range of facilities: a hotel, restaurants, marina-related offices, 1,000 boat slips, the historic Berkeley Municipal Pier, and the trails and open space at Cesar Chavez Park and McLaughlin Eastshore State Park. Plans are currently underway to bring back a ferry service, as well as a new portion of Eastshore State Park called the Brickyard.

The purpose of this project is to perform the much-needed pavement rehabilitation, public access improvements, and green infrastructure where appropriate to three major roadways at the Berkeley Marina: University Avenue from West Frontage Road to Marina Boulevard, Spinnaker Way, and Marina Boulevard.

ENVIRONMENTAL SUSTAINABILITY
The construction contract includes requirements to comply with the City’s Environmentally Preferable Purchasing Policy. The work will also comply with the conditions contained in the Bay Conservation Development Commission (BCDC) Permit, as well as the conditions contained in a Caltrans Encroachment Permit.

This project is a maintenance project of an existing infrastructure and therefore will not negatively affect natural habitat. The City, acting as the CEQA lead agency, reviewed the Project’s potential environmental impacts and determined that the Project was eligible for a Categorical Exemption pursuant to CEQA Guidelines Section 15301 (Existing Facilities), and Section 15302 (Replacement or Reconstruction) because the Project consists of the maintenance of existing public structures/facilities, involving negligible or no expansion of use beyond that existing at the time of the lead agency's determination. On January 25, 2021, the City filed a Notice of Exemption (NOE) for the Project with the Alameda County Clerk.

RATIONALE FOR RECOMMENDATION

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Contract No. 32100184 Amendment: O.C. Jones & Sons, Inc. for the CONSENT CALENDAR Berkeley Marina Roadway Improvements Project June 28, 2022 The City and O.C Jones & Sons, Inc. have negotiated a price within the City’s budget for these improvements. This increase to the contract is necessary to address unforeseen conditions, perform supplemental work to enhance the project, to better support other current and future projects at the Marina, and to complete current change orders. The City does not have the in-house labor or equipment resources to complete these construction activities.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, Parks Recreation & Waterfront, 981-6700 Nelson Lam, Supervising Civil Engineer, PRW, 981-6395
Attachments:
1: Resolution

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

CONTRACT NO. 32100184 AMENDMENT: O.C. JONES & SONS, INC. FOR THE

BERKELEY MARINA ROADWAY IMPROVEMENTS PROJECT
WHEREAS, University Avenue between West Frontage Road and Marina Boulevard, Spinnaker Way, and Marina Boulevard at the Berkeley Marina are in need of rehabilitation; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake this project; and
WHEREAS, an invitation for bids was duly advertised on February 1, 2021, bids were opened on March 11, 2021, and the City received 10 bids; and WHEREAS, the bid from O.C. Jones & Sons, Inc. was the lowest responsive, responsible bidder, and references for O.C. Jones & Sons, Inc. were provided and checked out satisfactorily; and
WHEREAS, the contract with O.C. Jones & Sons, Inc. for the Berkeley Marina Roadway Improvements Project was executed on June 11, 2021 for a total amount not to exceed $6,175,185.82 (Resolution No. 69,801-N.S.); and
WHEREAS, an increase of $200,000 to the not-to-exceed contract amount is necessary to complete change orders and supplement project elements; and WHEREAS, funds for the contract are currently available in the Marina Fund (from the 200 Marina Blvd, LLC Capital Contribution Agreement) and Measure T1.

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. 32100184 with O.C. Jones & Sons, Inc. for the Berkeley Marina Roadway Improvements Project, increasing the contract amount by $200,000, for a total amended amount not to exceed $6,375,185.82. A record signature copy of 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
June 28, 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: Vision Zero Annual Report

RECOMMENDATION
Adopt a Resolution 1) accepting the City of Berkeley Vision Zero Annual Report for 2021-2022; 2) affirming the actions and priorities as stated in the 2020 Berkeley Vision Zero Action Plan; and 3) directing the City Manager to form a Vision Zero Coordinating Committee for guiding the implementation of the 2020 Vision Zero Action Plan, including coordinating with the ongoing Berkeley Department of Transportation (BerkDOT) referral response and the Reimagining Public Safety Task Force, with the goal of developing a Vision Zero Traffic Enforcement policy before proceeding with the “Safer Streets by Everyone: Enforcement” actions described in the Vision Zero Action Plan.

FISCAL IMPACTS OF RECOMMENDATION
The recommendation has no direct fiscal impacts.

CURRENT SITUATION AND ITS EFFECTS
In March 2020, the Berkeley City Council adopted the Berkeley Vision Zero Action Plan (Resolution No. 69,324-N.S). One of the recommended actions in the Plan calls for staff to provide an annual Vision Zero progress report to the Berkeley City Council, describing the City’s progress toward eliminating severe injury and fatal traffic crashes.

The Vision Zero Annual Report attached to this staff report is submitted in fulfillment of this recommended action. As described in the Annual Report, the City has made substantial progress on implementing many elements of the Vision Zero Action Plan, while some elements have been temporarily delayed because of the impacts of the COVID-19 pandemic, and other actions are proposed to be elevated in priority for 2022, to strengthen the City’s ability to respond more quickly to severe and fatal traffic crashes. Public Works is supporting these efforts through a combination of City staff and on-call transportation planning and consulting staff.

BACKGROUND
Vision Zero is a safety-first approach to transportation that seeks to eliminate all traffic deaths and severe injuries. In March 2018, the Berkeley City Council adopted a Vision Zero Policy with the goal of eliminating traffic deaths and severe injuries in Berkeley by 2028, and directed staff to form a Vision Zero Task Force and develop a Vision Zero

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Vision Zero Annual Report CONSENT CALENDAR
June 28, 2022

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Action Plan (Resolution No. 68,371-N.S.). Following the March 2018 City Council action, Public Works convened a Vision Zero Task Force and a Vision Zero Advisory Committee. The Task Force consisted of government agency representatives from multiple City of Berkeley Departments and partner agencies, including the Berkeley Police Department; Berkeley Fire Department; Department of Public Works; Department of Health, Housing, and Community Services; AC Transit; the University of California, Berkeley; and the Office of the City Manager. Representatives from the Mayor’s and Council Members’ offices also participated. The Advisory Committee consisted of members of the public representing various parts of the Berkeley community, including City of Berkeley Commissions, the Berkeley Unified School District Board of Directors, Safe Routes to Schools parents, business associations, and pedestrian and bicycle advocates. In partnership with these two groups, Public Works staff developed a Vision Zero Action Plan.

One of the Plan’s priority actions recommended the creation of an ongoing Vision Zero implementation committee. After consultation with the City Clerk, Public Works staff recommended continuation of both the Task Force and the Advisory Committee in one consolidated “Vision Zero Coordinating Committee”, formed to advise the City Manager on Action Plan implementation. Similar to the composition of the existing Task Force and Advisory Committee, this new Committee would consist of City staff from affected departments; staff representatives from other relevant public agencies; Commissioners selected by their respective commissions; and other members of the Berkeley community as appropriate. The Committee would be an ad-hoc non-legislative body not subject to the Brown Act, and would meet quarterly to discuss a predetermined work plan and agenda. It would provide quarterly updates to the City Manager that the City Manager would in turn report to the City Council in the form of Information Items. As described in the Annual Report, this item has been delayed due to impacts of the COVID-19 pandemic, and is a high priority for the second half of 2022.

The Draft Vision Zero Action Plan was presented to the Berkeley Transportation Commission on November 21, 2019. The Transportation Commission passed a motion recommending the draft Vision Zero Action Plan for approval by the Berkeley City Council. Transportation Commissioners expressed concern about the Plan’s traffic enforcement actions, based on historical patterns of racialized outcomes of traffic enforcement and other equity concerns. In response to these concerns, Public Works staff recommended that new Vision Zero traffic enforcement efforts be undertaken only after the creation of an equity-driven Vision Zero Enforcement Policy, to be developed in partnership with the Berkeley Police Department and with the guidance of the Vision Zero Coordinating Committee. As described in the Annual Report, this item has been delayed pending formation of the Vision Zero Coordinating Committee and the need to coordinate such a policy with the traffic enforcement equity components of the ongoing BerkDOT and Reimagining Public Safety Task Force processes.

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Vision Zero Annual Report CONSENT CALENDAR
June 28, 2022

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As described in the annual report, staff from multiple departments continue to work to elevate in priority certain Vision Zero actions in order to strengthen the City’s ability to respond to the most severe, life-changing, near-fatal, and fatal traffic crashes. These actions include the creation of a Quick-build Program as a way to accelerate delivery of traffic safety projects, as well as the development of a Vision Zero Rapid Response Safety Communication Protocol, as a communication strategy in response to recent severe and fatal collisions.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Walking and cycling trips do not release air pollutants or greenhouse gasses.

Implementation of the Vision Zero Action Plan as described in the Vision Zero Annual Report aims to increase walking and cycling trips by improving the safety and accessibility of these modes. A survey for the 2017 Berkeley Bicycle Plan found that 71% of Berkeley residents are interested in bicycling, but do not ride because they are concerned about safety. Increasing cycling and walking would help the City achieve the Berkeley Climate Action Plan greenhouse gas emission reduction targets of 80% below year 2000 levels by 2050. The Climate Action Plan states that transportation modes such as walking and cycling must become the primary means of fulfilling the City’s mobility needs in order to meet these targets.

RATIONALE FOR RECOMMENDATION
The Berkeley Vision Zero Action Plan outlines a strategic, paradigm-shift approach to eliminating severe and fatal traffic collisions by the year 2028. The Vision Zero Annual report provides an update on progress in implementing the priority actions from this Plan, and affirms the actions and priorities in this Plan.

ALTERNATIVE ACTIONS CONSIDERED
Council could opt not to receive the Annual Report and/or could request updates on Vision Zero via other channels. Council could opt not to affirm the Vision Zero Action Plan actions and priorities, and instead pursue the goal of zero traffic deaths and severe injuries through other, as yet unspecified strategies.

CONTACT PERSON
Farid Javandel, Deputy Director, Public Works, 510-981-7061 Beth Thomas, Principal Planner, Public Works, 510-981-7068 Eric Anderson, Senior Planner, Public Works, 510-981-7062 Attachments:
1: Resolution
Exhibit A: Vision Zero Annual Report 2021-2022

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

ACCEPTANCE OF THE BERKELEY VISION ZERO ANNUAL REPORT
WHEREAS, in March 2018 the Berkeley City Council adopted the Vision Zero Policy with a goal of eliminating traffic deaths and severe injuries in Berkeley by 2028, and directed staff to form a Vision Zero Task Force and develop a Vision Zero Action Plan (Resolution No. 68,371-N.S.); and
WHEREAS, in March 2020, the Berkeley City Council adopted the Berkeley Vision Zero Action Plan (Resolution No. 69,324-N.S); and
WHEREAS, one of the recommended actions in the Plan calls for staff to provide an Annual Vision Zero Progress Report to the Berkeley City Council, describing the City’s progress toward eliminating severe injury and fatal traffic crashes; and WHEREAS, one of the recommended actions in the Plan calls for the creation of an ongoing Vision Zero implementation committee, and creation of this committee has been delayed due to impacts of the COVID-19 pandemic and is a high priority for the second half of 2022; and
WHEREAS, in response to concerns about equity in Vision Zero Traffic Enforcement, Public Works staff recommended that new Vision Zero traffic enforcement efforts be undertaken only after the creation of an equity-driven Vision Zero Enforcement Policy, an item that has been delayed pending formation of a Vision Zero Coordinating Committee and by the need to coordinate such a policy with the ongoing Berkeley Department of Transportation (BerkDOT) organizational process.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley hereby accepts the City of Berkeley Vision Zero Annual Report for 2021-2022.

BE IT FURTHER RESOLVED, that the Council of the City of Berkeley affirms the actions and priorities as stated in the 2020 Berkeley Vision Zero Action Plan.

BE IT FURTHER RESOLVED, that the City Manager is directed to form a Vision Zero Coordinating Committee for guiding the implementation of the 2020 Vision Zero Action Plan, including coordinating with the ongoing Berkeley Department of Transportation (BerkDOT) referral response and the Reimagining Public Safety Task Force, with the goal of developing a Vision Zero Traffic Enforcement policy before proceeding with the “Safer Streets by Everyone: Enforcement” actions described in the Vision Zero Action Plan.

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Vision Zero Annual Report CONSENT CALENDAR
June 28, 2022

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Exhibits
A: Vision Zero Annual Report 2021-2022

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CITY OF BERKELEY
VISION ZERO ANNUAL REPORT 2021-2022

June 2022

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VISION ZERO PROGRAM - CORE STAFF
Eric Anderson, Senior Transportation Planner, Vision Zero Program Manager Matthew Cotterill, Assistant Transportation Planner
Beth Thomas, Principal Transportation Planner
Farid Javandel, Deputy Director of Public Works

Vision Zero is a “One City One Team” effort. In addition to the staff listed above, City workers in nearly every department, including the City Manager’s Office, Public Works, Health Housing and Community Services, the Berkeley Police Department, the Berkeley Fire Department, and others, play an integral role in achieving our goal of zero deaths and severe injuries on Berkeley streets.

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TABLE OF CONTENTS
Introduction ............................................................................................... 2 Why We Need Vision Zero ..................................................................... 4 Taking Action .......................................................................................... 12 Appendices ............................................................................................... 17 Appendix A: Vision Zero Actions
Appendix B: SWITRS Violation Code Data Tables

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ABOUT VISION ZERO
Vision Zero is a strategy to eliminate all traffic fatalities and severe injuries while increasing safe, healthy, and equitable mobility for all. Vision Zero is, first and
foremost, an engineering strategy that aims to design and build our streets to eliminate all severe and fatal traffic injuries. These engineering efforts are supported by
public awareness education and traffic enforcement.

Equity-driven Vision Zero traffic enforcement utilizes the best possible data and is focused on areas of Berkeley
where engineering and education efforts have already
been implemented.

CAPTURING SITES OF FATAL AND

SEVERE COLLISIONS
All photos in this report were taken at locations in
Berkeley where someone lost their life or sustained a
severe injury in a traffic collision. The images demonstrate that there is rarely any way for someone passing by to
know a tragedy took place, since things often continue as they did before. Vision Zero challenges this status quo and strips away the societal acceptance that fatal and severe traffic collisions are a necessary byproduct of mobility.

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1Vision Zero Action Plan | 1

INTRODUCTION

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2 | Introduction
Every year, an average of three people die and at least 33 people are severely injured in Berkeley due to traffic violence. Vision Zero is about recognizing that these deaths and severe injuries are preventable and unacceptable – no one should lose their life or experience a life-altering injury while traveling on Berkeley streets, no matter who they are or how they travel.

We began our commitment to Vision Zero in 2018 through the adoption of a Vision Zero resolution to end all traffic-related deaths and severe injuries on City streets by 2028. We continued this commitment with the adoption of the Vision Zero Action Plan in 2020. The actions described in the Plan and this Annual Report are motivated by the following Vision Statement and Guiding Principles:

The City of Berkeley is committed to an equity-
focused, data-driven effort to eliminate traffic
deaths and severe injuries on our city streets by
2028.

1. Safety is our highest priority.

2. Traffic deaths and severe injuries are preventable and unacceptable.

3. People make mistakes.

4. Slower streets are safer streets.

5. We will create safer transportation options for
people who walk, bike, and take transit.

6. Street safety must be achieved equitably.

7. Vision Zero will be accountable, transparent, and
data-driven.

While every action item described in the Plan is fundamental to the success of Vision Zero, the Plan’s Priority Actions have been the near-term focus of the Vision Zero Program in Berkeley during the year since adoption of the Plan, and are the focus of this progress report. The full list of actions for the City of Berkeley is shown in Appendix A: Vision Zero Actions.

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City of Berkeley Vision Zero Annual Report | 3

WHY WE NEED

VISION ZERO

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4 | Why We Need Vision Zero

BERKELEY NEEDS

VISION ZERO
Every year, on average three people die
and at least 33 people sustain severe
injuries on Berkeley streets due to traffic
violence. This is unacceptable and
preventable – no one should lose their life
or suffer a life-altering injury when
traveling in our city. Unless otherwise
noted, all updated traffic crash data in this
Annual Report is from the years 2011
to
2020 - the most recent ten years of
collision data available through the
Statewide Integrated Traffic Records
System (SWITRS).

VISION ZERO IS
ABOUT THE 2%
On average, 2% of collisions on Berkeley
streets result in a fatality or severe injury.

That is 2% too many.

VISION ZERO IS

ABOUT MODE
Collisions disproportionately impact
people riding bicycles and people walking.

The numbers are stark – collisions
involving someone riding a bicycle or
walking make up almost 61% of collisions
that result in death or severe injury,
despite making up just 40% of trips in
Berkeley.

Collision Data: SWITRS ten-year injury collision data, 2011-2020 Mode Data: California Household Travel Survey for the City of Berkeley, 2012

2%
98%

DISPROPORTIONATE BURDEN
We know that people of color, people with no or low income, people with no or limited English proficiency, people
experiencing homelessness, youth, seniors, and people with disabilities are over-represented in fatal and severe injury collisions, but we currently have limited data within SWITRS collision reports to understand the magnitude of the
disproportionate burden. The Vision Zero Action Plan addresses those data gaps head-on and establishes strategies to start collecting and utilizing more meaningful data to understand inequities on our streets. We also are not waiting for more data to take an equity-driven approach to Vision Zero.

ALL TRIPS SEVERE AND FATAL

COLLISIONS
38%
28%
33%

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City of Berkeley Vision Zero Annual Report | 5

VISION ZERO IS ABOUT TRAFFIC VIOLATIONS
Every collision involves multiple factors. The top
traffic violations reported during the years 2011 to
2020 for collisions in Berkeley that resulted in death
or severe injury were traveling at unsafe speeds;
driver not yielding at crosswalk; failing to
signal; failure to yield to oncoming traffic
while making left or U-turns; pedestrian
crossing outside crosswalk or legal crossing.

Vision Zero focuses on the most significant factors
associated with severe and fatal traffic collisions in
order to make the greatest impact.

Safety is also about how we share public space and
how we interact on our streets. When we consider
the primary party at fault, the top traffic violations
for severe and fatal vehicle-involved collisions in
Berkeley were drivers not yielding at
crosswalks; drivers traveling at unsafe speeds;
drivers failing to yield to oncoming traffic
when making a left- or U-turn; drivers not
yielding at stop signs; and pedestrian crossing
outside crosswalk or legal crossing. While
party at fault data is subjective and may not include
the victim’s perspective, it can add to our
understanding of the unsafe behaviors that result in
severe and fatal collisions.

Violation data tables are provided in Appendix B:

SWITRS Violation Code Data Tables.

Collision Data: SWITRS ten-year injury collision data, 2011-2020

45%
4%5%
6%
18%
22%
0%
20%
40%
60%
80%
100%

TOP VIOLATIONS IN SEVERE AND FATAL

COLLISIONS
Unsafe speed
Driver not yielding at crosswalk
Failing to signal
Failure to yield to while making left- or U-turn
Pedestrian crossing outside crosswalk or legal crossing Other
51%
4%4%6%
13%
20%
0%
20%
40%
60%
80%
100%

TOP VIOLATIONS BY PARTY AT FAULT IN

SEVERE AND FATAL COLLISIONS
Driver not yielding at crosswalk
Driver traveling at unsafe speed
Driver failing to yield to while making left- or U-turn Driver not yielding at stop sign
Pedestrian crossing outside crosswalk or legal crossing Other

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6 | Why We Need Vision Zero

GETTING TO ZERO
Berkeley’s Vision Zero goal is to reach zero severe and fatal traffic crashes by the year 2028. To this end, the Berkeley Vision Zero Program tracks severe and fatal traffic crashes year-to-year, utilizing the most recently available 10-year SWITRS dataset. The chart on the next page shows severe and fatal crashes by mode for the last 10 years, along with US Census data “Journey to Work” mode share.

Following a peak in 2015 and an apparent decrease in severe and fatal traffic crashes in 2016 and 2017, beginning in 2018 SWITRS crash data appeared to show a substantial increase in severe injury traffic crashes for nearly all modes of transportation in Berkeley.

SWITRS is a State of California data clearinghouse that gathers traffic crash data as reported by local police departments using the California Highway Patrol collision report form (CHP 555). Public Works and Berkeley Police Department staff are looking at a variety of data such as changes in mode share (e.g. the number of people walking, biking, driving, or taking public transit or ride- hailing services to work), changes in traffic volumes, or other factors to try to understand this apparent increase in severe injury traffic crashes. As shown by the “Journey to Work” transportation mode share trend lines on the graph, this change does not appear to be correlated with increases in transportation activity. Our preliminary analysis suggests that this apparent increase may be linked to changes in the crash report form (CHP 555) used by officers to record the crash data made available through SWITRS.

I
n 2017, California changed the terminology to describe the extent of injury on the CHP 555 form. This form previously offered the options: FATAL INJURY – SEVERE INJURY – OTHER VISIBLE
INJURY – COMPLAINT OF PAIN. It was revised to offer the options: FATAL INJURY – SUSPECTED SERIOUS INJURY –
SUSPECTED MINOR INJURY – POSSIBLE INJURY. Previously, officers completing the form were required to make an informed judgment as to whether or not an injury was "severe"; the revised form now requires them to assess whether they merely suspect an injury may be "serious". The change in descriptive terminology from severe to serious and the introduction of the new term "suspected" may have inadvertently lowered the standard for characterizing traffic injuries, leading officers to characterize more injuries as "suspected serious" than would have previously been categorized as "severe". As shown on the chart on the following page, the overall number of reported traffic crashes during the 10-year period from 2011-2020
decreased from 2017 to 2020. In absolute numbers, this decrease was mostly in

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City of Berkeley Vision Zero Annual Report | 7
property damage crashes, from a 10-year high of 1100 crashes in 2017 to a 10-year low of 443 crashes in 2019. Importantly, the total number of injury crashes during this period also decreased: starting in 2017, the total number of injury crashes declined, reaching a 10-year low point of 601 crashes in 2019, with a moderate increase to 691 total injury crashes in 2020. During 2017 -2019, while the changes in
terminology in the CHP 555 Crash Report form were taking effect, "Possible Injury" crashes (formerly "Complaint of Pain") appeared to decrease dramatically, while "Suspected Minor Injury" (formerly "Visible Injury") and "Suspected Serious Injury" (formerly "Severe Injury") both appeared to increase dramatically. In 2020, the total number of crashes of all types declined, presumably due to reduced transportation activity during the beginning of the COVID-19 pandemic, but as noted above, by contrast the total number of injury crashes increased from 2019 to 2020. This increase was in the least severe category: “Possible Injury”, whereas the number of “Suspected Minor” and “Suspected Serious” injuries both declined at a rate greater rate than the rate of decline of the total of all types of crashes.

Collision Data: SWITRS ten-year injury collision data, 2011-2020 Mode Share Data: US Census, ACS 5-Year Journey to Work, 2011-2020

It is possible that some crashes formerly classified as Complaint of Pain are now being recorded as Suspected Minor Injury or Suspected Severe Injury. As such, apparent trends in crash data since 2017 12 4
11 4
10 12 8
13 21
7 8
8 13
5 11 6 12
16 28
13 9
13 8
9 15
11 8
17 26
21 0%
10%
20%
30%
40%
50%
60%
70%
80%
0 10
20 30
40 50
60 70
80 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020
Commute Mode Share
# of Severe and Fatal Collisions

NUMBER OF SEVERE AND FATAL CRASHES BY PARTY INVOLVED
Bicyclist Total Pedestrian Total Driver Total Bike Walk Car Change in injury
level terminology

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8 | Why We Need Vision Zero
may be at least in part related to changes to the terminology used on the CHP 555. Public Works staff are discussing potential strategies for working around these inconsistencies in SWITRS data. These issues put additional emphasis on the need to develop an alternative metric that indicates whether Berkeley is successfully moving toward our goal of zero severe injury and fatality traffic crashes by 2028.

City staff plans to develop an alternative crash data metric based on local Berkeley Police Department crash report data for the upcoming Vision Zero Action Plan update in 2023.

Collision Data: SWITRS ten-year injury collision data, 2011-2020

943 936 916 981 1,066 1,093 1,100 1,015
714
443
389 429 410
410
433 449 474
358
165
98 196 188 187
179
203 197 189
264
368
213
27 21 30 15
34 28 22
44 69
36 2 4 2 3
2 1 5
2 6
4 0
200
400
600
800
1,000
1,200
1,400
1,600
1,800
2,000
2011 2012 2013 2014 2015 2016 2017 2018 2019 2020

COLLISION SEVERITY BY YEAR
Property Complaint/Possible Injury Visible/Suspected Minor Severe/Suspected Serious Fatal Change in injury
level terminology

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City of Berkeley Vision Zero Annual Report | 9

VISION ZERO IS ABOUT STREETS
This map shows the locations of 295 of the
357 severe injury and fatality traffic crashes
that occurred on Berkeley streets between
2011 and 2020.

Although only 37% of streets lie in the
Equity Priority Area, 42% of severe and
fatal collisions occur there.

Note: due to limitations in SWITRS data,
not all crashes can be mapped. This
map presents a statistically significant
representative sample of the locations of
severe injury and fatal crashes in
Berkeley from 2011-2020. See
Appendix B tables for crash data by
party involved.

PRIORITIZING EQUITY
Lower income residents and people of color are
disproportionately impacted by the risk of traffic injuries and fatalities. The Equity Priority Area considers historic federal Home Owners’ Loan Corporation “redlining”
practices, racial/ethnic composition, property value, and cultural centers to guide the City of Berkeley in
prioritizing infrastructure projects that remedy systemic inequity. A full description of the Equity Priority Area methodology can be found in the City of Berkeley
Pedestrian Plan.

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10 | Why We Need Vision Zero

MAP OF HIGH-INJURY

STREETS

VISION ZERO IS ABOUT STREETS
The High-Injury Streets map represents the
City of Berkeley’s streets with the most
severe injury and fatality crashes based on
data between 2011 and 2020.

86% of Berkeley’s severe and fatal
collisions occur on just 15% of
City streets.

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City of Berkeley Vision Zero Annual Report | 11

TAKING ACTION

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12 | Taking ActionError! Reference source not found.

PRIORITY ACTIONS – PROGRESS

AND PRIORITIES
The Vision Zero Action Plan contains 33 recommended actions, prioritized into the 11 Priority Actions listed below. The Plan was adopted by the Berkeley City Council in March 2020, almost exactly one week before the start of COVID-19 Public Health Shelter in Place orders. Despite the ongoing challenges of this unprecedented public health crisis, the City continues to make substantial progress on Vision Zero Priority Actions. Please see Appendix A for a complete list and full descriptions of each action.
 Establish a standing Vision Zero Coordinating
Committee: During COVID-19, existing Commission and
Committee meetings were temporarily suspended. Formation of a new committee was not possible during that time, and as such this item has been on hold due to COVID-19. Online
Commission meetings were authorized for 2021, and it is anticipated that in-person or hybrid commission and committee meetings will eventually be authorized. The City plans to form this new Committee in 2022, with the goal of holding two quarterly Coordinating Committee meetings during the second half of 2022. Special attention will be given to equity and accessibility in recruitment and retention of members of the Berkeley community to serve on the committee. Formation of this Committee is integral to initiating certain new Vision Zero actions as well as continuing progress on some of the other in- process Vision Zero actions.
 Conduct a citywide Vision Zero Action Plan assessment, including creating a staffing matrix and establishing a milestone staffing and funding schedule: During COVID-
19, City resources were reprioritized to respond to the public health crisis. As such, a citywide assessment of staffing and resources would not have yielded results useful for the Vision Zero program in future years. In 2023 Public Works staff plans to initiate an assessment process following a return to more normal City operations in 2022. Additionally, the Department of Public Works has initiated an organizational analysis related to the possible formation of a Berkeley Department of
Transportation (BerkDOT). The BerkDOT process is in
response to a July 14, 2020 Berkeley City Council referral to the City Manager to “pursue the creation of a Berkeley Department What is “Rapid Response”?
City staff from multiple departments
are working to strengthen the City’s
ability to respond more quickly to
the most severe, life-changing, near-
fatal, and fatal traffic crashes. This
Rapid Response strategy
incorporates several Vision Zero
Actions: Quick-build Traffic Safety
Projects, the Vision Zero Rapid
Response Safety Communication
Protocol, and the Vision Zero
Branding, Promotional, and
Educational Campaign.

Public Works has initiated
development of a Quick-Build
Program to use less expensive, less
permanent materials to deliver
Vision Zero traffic safety projects
more quickly. The Quick-Build
Program would respond to severe
and fatal traffic crashes with quick-
build traffic safety interventions in
the hope of preventing future
incidents.

Public Works has also initiated
development of a Vision Zero
Branding, Promotional, and
Educational Campaign as well as a
Safety Communication Protocol.

Together, these two actions would
function as a traffic safety public
awareness communication strategy,
pushing out relevant traffic safety
messages in response to recent
severe and fatal collisions.

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City of Berkeley Vision Zero Annual Report | 13
of Transportation (BerkDOT) to ensure a racial justice lens in traffic enforcement and the development of transportation policy, programs, and infrastructure”. Where appropriate, the City intends to address remaining organizational issues related to Vision Zero through the BerkDOT process.
 Proactively build capital-intensive and quick-build safety projects: Despite the challenges and delays related to COVID-19, the City has continued to make substantial progress delivering traffic safety and transportation improvement projects on Vision Zero High-Injury Streets. Among other capital-intensive projects, within the last year the Department of Public Works continued construction on the final phase of the 9th Street Bicycle Boulevard Pathway, and completed construction on the Sacramento Complete Streets Project and the Milvia Bikeway Project. Public Works initiated the public engagement, design, and engineering process for the Southside Complete Streets project, the City’s largest complete streets project to date, and initiated a grant-funded quick- build pedestrian crossing safety improvements project on Martin Luther King Jr. Way between Dwight Way and Russell Street. Public Works continues to approach repaving projects as “Complete Streets”.

Recent repaving projects, such as Center Street in Downtown Berkeley, have included construction of the bikeways called for in the Berkeley Bicycle Plan (2017). Recent grant funding successes include funds for public engagement and preliminary engineering of Adeline Street between MLK Jr. Way and the south city limits, as described in the Adeline Corridor Specific Plan.. Public Works has recently submitted California Active Transportation Program, Alameda County Transportation Commission Capital Improvement Program, and California Highway Safety Improvement Program grant applications for new projects that improve safety along or at crossings of High-Injury Streets in Berkeley. In 2020, Public Works initiated development of a “q uick-build” program to formalize the
accelerated use of less expensive, less permanent materials to deliver Vision Zero traffic safety projects more quickly and affordably, in order to help meet our 2028 goal of zero traffic deaths and severe injuries. Quick-builds are sometimes called “paint and posts” projects for their use of street markings and traffic delineator posts. However, quick-build projects can include a more aesthetically- appealing toolbox of safety measures and design elements that provide a more lasting investment in our neighborhoods, such as colored pavement and more visible crosswalks; concrete pedestrian crossing islands; planter boxes; and even solar-powered streetlights and pedestrian crossing beacons.

In the past, Berkeley has used a quick-build approach to incorporate protected bikeways, bus only lanes, or bus boarding islands into repaving projects such as Bancroft Way between Fulton Street and Dana Street, or Adeline Street between Shattuck Avenue and Ashby Avenue. In 2022 Public Works staff will continue development of a Quick-Build Program, to formalize a design toolbox and accelerate delivery of traffic safety projects from City Council-adopted transportation plans. The Quick-Build Program is one of the actions which Public Works staff has elevated in priority for 2022, to proactively address safety issues and to strengthen the City’s ability to respond to severe and fatal traffic crashes with quick-build traffic safety interventions. For a summary of capital-intensive and quick-build project progress, please see the City’s Vision Zero Story Map:
https://storymaps.arcgis.com/stories/13fc2f8a4eb548c68ca57a099b33b8cd  Request a Vision Zero Performance Audit: Public Works planned to request an audit of the Vision Zero program at the end of year one of the program, as a companion metric to the staffing and funding assessment described above. However, due to the impacts of the COVID-19 response, this

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14 | Taking ActionError! Reference source not found.
audit request has been delayed pending completion of the assessment and other organizational tasks, potentially in 2023.
 Establish a Vision Zero Rapid Response Safety Communication Protocol: Public Works initiated this task in 2020 and continued to work with other City Departments by convening a Rapid Response group meeting in response to each of the fatal crashes that occurred over the last year.. The Vision Zero Rapid Response Safety Communication Protocol is one of the actions which City staff from multiple departments will continue with as a priority for 2022, as a communication strategy in response to recent severe and fatal collisions.
 Support statewide traffic safety legislation: Public Works initiated this task in 2020 as part of staff advocacy to encourage the Metropolitan Transportation Commission (MTC) to form a Regional Vision Zero Working Group. MTC has formed a Working Group, and as part of this group’s work plan, City staff has asked MTC to leverage the influence of Bay Area communities to influence state traffic safety legislation. This legislative agenda would include allowing cities to lower the statutory speed limit below the current minimum 25 MPH, and allowing automated traffic enforcement.

Automated enforcement has also been identified as a traffic enforcement strategy to support the equity goals of Berkeley’s Reimagining Public Safety process.  Establish a Complete Streets Repaving and Development Project Checklist: Public Works Transportation Division staff initiated this task in 2020 in partnership with Engineering Division project delivery staff and Planning Department staff. Public Works anticipates completion of this action in 2022 or 2023.
 Develop and proactively deliver a Vision Zero branding, promotional, and educational campaign: Public Works staff initiated this task in 2020 and have worked with a consultant to develop preliminary logos and taglines for program branding and preliminary public messaging. The preliminary materials were presented to the Transportation Commission in January 2021. Based on Transportation Commission feedback, before continuing further with the branding and messaging process, Public Works staff plans to seek the input of the Vision Zero Coordinating Committee in 2022, to ensure that all materials are representative of and accessible to all members of the Berkeley community. Following this, Public Works staff will be developing public awareness traffic safety messages that can be deployed as part of a proactive Vision Zero educational campaign, as well as utilized as part of a Rapid Response Communication Protocol following severe injury or fatality crashes.
 Develop a publicly accessible matrix and map to prioritize and track projects: In 2020 and continuing through 2021, Public Works staff initiated development of a GIS-based Vision Zero “Story Map” to track capital projects on Vision Zero High-Injury Streets that are part of the City’s Capital Improvement Program. In 2022, staff will continue to update this map to show ongoing capital project progress. Public Works Staff anticipates working with the Vision Zero Coordinating Committee to ensure this communication tool meets the needs of the Berkeley Community as articulated by Berkeley residents and stakeholders who participated in the Vision Zero Advisory Committee during development of the Action Plan. The Vision Zero Story Map can be found here:
https://storymaps.arcgis.com/stories/13fc2f8a4eb548c68ca57a099b33b8cd

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City of Berkeley Vision Zero Annual Report | 15
 Utilize the Berkeley Police Department’s collision report data on parties involved: Public Works staff initiated this task in 2020 as part of Vision Zero Program liaison activities with Berkeley Police Department Traffic Bureau officers to access and better understand Police crash report data.

Public Works staff continued to work on data reporting and analysis with Traffic Bureau officers in 2021, and anticipates working with Police Department officers in developing an alternative crash data metric based on local Berkeley Police Department crash report data for the upcoming Vision Zero Action Plan update in 2023. .
 Focus traffic enforcement efforts proportionately on the most significant traffic violations for severe and fatal collisions by party at fault: The Vision Zero Action Plan includes tables of crash data organized by “party at fault” to help us better understand which of our transportation behaviors are putting others at risk on our streets. In 2020, following Council adoption of the Plan, Public Works staff provided these tables to Berkeley Police Department Traffic Bureau staff for use in implementing the 2020-2021 California Office of Traffic Safety (OTS) traffic enforcement grant. As part of the OTS-funded traffic enforcement efforts, Traffic Bureau officers have conducted DUI and distracted driving patrols, as well as traffic enforcement patrols focusing on problematic locations and behaviors, including violations identified by Vision Zero crash data analysis, such as excess speed, failure to yield, and failure to stop at stop signs/signals. These enforcement activities have included both general traffic safety patrols as well as operations focused specifically on pedestrian and bicycle safety. While enforcement activities may engage with anyone walking, biking, or driving on Berkeley streets, due to the nature of the violations these patrols often focus on the Primary Collision Factors (PCFs) where a driver is most often found at fault. Appendix C of this report updates the Vision Zero Action Plan “party at fault” crash data tables to include the most recent 10 years of SWITRS data. At the time the Draft Vision Zero Action Plan was presented to the Berkeley Transportation Commission on November 21, 2019, Commissioners expressed concern about the Plan’s traffic enforcement actions, based on historical patterns of racialized outcomes of traffic enforcement and other equity concerns. In response to these concerns, Public Works staff recommended that new Vision Zero traffic enforcement efforts be undertaken only after the creation of an equity-driven Vision Zero Enforcement Policy, to be developed in partnership with the Berkeley Police Department and with the guidance of the Vision Zero Coordinating Committee. On July 14, 2020, the Berkeley City Council made a historic commitment to reimagine the City’s approach to public safety with the passage of an omnibus package of referrals, resolutions, and directions, with the goal of achieving a new and transformative model of positive, equitable and community-centered public safety for Berkeley. One component of this ongoing process was the formation of a Reimagining Public Safety Task Force. As such, any new Vision Zero traffic enforcement efforts have been delayed pending formation of the Vision Zero Coordinating Committee and the need to coordinate with the traffic enforcement equity components of the ongoing BerkDOT and Reimagining Public Safety Task Force processes. Public Works staff anticipates working with Traffic Bureau staff to implement new Vision Zero traffic enforcement actions consistent with whatever Vision Zero traffic enforcement policy results from Vision Zero Steering Committee and ongoing organizational and public safety processes.

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16 | ○ ○ ○ | Error! Reference source not found.

APPENDICES

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City of Berkeley Vision Zero Annual Report | 17
APPENDIX A: VISION ZERO ACTIONS

1.1 THE VISION ZERO PROGRAM: COLLABORATION
Priority Action
Lead
Department Timeline
✩
Establish a standing Vision Zero Coordinating
Committee consisting of City staff, Commissioners,
partner institutions, members of the community,
advocacy groups, and community-based organizations
who have a role in advancing Vision Zero action items
with quarterly meetings organized around a
predetermined annual agenda. Seek to establish a
funding source to compensate members of the
community and community-based organizations to
enable their participation.

City Manager’s
Office

Incorporate Vision Zero goals and actions into plan
and policy updates of all departments and partner
institutions, including the upcoming City of Berkeley
Zoning Ordinance update and General Plan Update,
UC Berkeley’s Long-Range Development Plan, Berkeley
Unified School District’s Sustainability Plan, the City’s Strategic Plan, Departmental Priority Projects Lists, and departmental and individual staff work plans.

City Manager’s
Office

With the Metropolitan Transportation
Commission, Alameda County Transportation
Commission, and Alameda County Department of
Public Health, establish a peer-to-peer Bay Area
Vision Zero Network for information-sharing and
collaboration on countywide and regional initiatives
such as a public health analysis of collision victim
hospital data.

Mayor’s Office

Develop a focused, strategic Vision Zero staff
training plan to send key staff responsible for
implementing the Vision Zero Action Plan, such as
Public Works, Police, Health, Housing, and Community
Services, and City Manager’s Office and elected officials, to Vision Zero-related conferences and trainings.

City Manager’s
Office

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18 | Appendices

1.2 THE VISION ZERO PROGRAM: CAPACITY
Priority Action
Lead
Department Timeline
✩
Conduct a citywide Vision Zero Action Plan assessment of existing staffing and funding capacity to complete Vision Zero action items.  Create a staffing matrix of existing and proposed staff for the delivery of high-priority Vision Zero action items. New or realigned staff needs are anticipated in the areas listed below:
o Public Works safety project team
o Public Works Vision Zero Program support staff
o Public Information Officers in key Vision Zero
departments including Police and Health, Housing, and
Community Services
o Berkeley Police Department Vision Zero collision
data analysis
o Health, Housing, and Community Services Vision Zero
data analysis and public awareness programs
 Establish a milestone staffing and funding schedule to complete high-priority Vision Zero action items, including City and grant funds.

City
Manager’s
Office; Public
Works

✩
Request a Vision Zero Performance Audit to be conducted during the FY21 audit period to evaluate the implementation of the Action Plan and make any needed recommendations, including additional and/or realigned staffing and funding, for effective Vision Zero Action Plan implementation. Provide required six-month updates to City Council.

Public Works

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City of Berkeley Vision Zero Annual Report | 19

1.3 THE VISION ZERO PROGRAM:

TRANSPARENCY AND EQUITY
Priority Action
Lead
Department Timeline
✩
Utilize the Berkeley Police Department’s collision report data on parties involved, such as housing status or whether parties involved are disabled, to help address equity gaps in Statewide Integrated Traffic Records System (SWITRS)
collision data. Confirm that Berkeley Police Department report training emphasizes consistent use of these collision report data fields and, if needed, provides training resources for avoiding transportation mode bias in collision reporting. When necessary, update the police collision report form to be consistent with emerging mobility modes.

Public Works;
Police

Provide an annual Vision Zero Progress Report, reviewed by the City Auditor, to City Council, City Department Directors, Vision Zero Coordinating Committee, and Transportation
Commission, on progress reducing fatal and severe collisions, including in historically underserved neighborhoods, equity in traffic enforcement, and on meeting the funding, staffing, and Vision Zero program delivery schedules. Include an updated Vision Zero High-Injury Streets map. Utilize Berkeley Police Department collision data to supplement the Statewide
Integrated Traffic Records System dataset to avoid lag in data availability.

Public Works

Complete a full update of the Vision Zero Action Plan
every three years to ensure continued relevancy of the Action Plan by integrating advancements in best practices and
technologies. The first update will include an equity evaluation to identify gaps in safety and collision datasets and develop milestones to address inequities, as well as identify strategies to include hospital data provided by Alameda County Department of Public Health, linked to emergency medical services data and police reports, in Vision Zero analyses and maps.

Public Works

Maintain an understanding of the Berkeley community’s
perception of safety and personal security. Focus direct public engagement to residents of Berkeley’s historically underserved neighborhoods and other vulnerable users.

Health, Housing,
and Community
Services

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20 | Appendices

2.1 SAFER STREETS FOR EVERYONE:

PROJECT PLANNING AND DEVELOPMENT
Priority Action
Lead
Department Timeline
✩
Develop a publicly accessible matrix and map to prioritize and track projects. Prioritize both new/existing requests/referrals and delivery of established infrastructure project lists (e.g., Five Year Repaving Program, BeST Plan, etc.) according to the Vision Zero High- Injury Streets map and equity-driven prioritization from City Council adopted plans such as the Bicycle Plan and forthcoming
Pedestrian Plan.

City
Manager’s
Office

✩
Establish a Complete Streets Repaving and Development Project Checklist to ensure proactive and reactive Vision Zero safety infrastructure for people of all ages and abilities are included with each repaving project and in the conditions of approval for development projects. With the Vision Zero Coordinating Committee, consider establishing an equity-driven approach to prioritizing repaving projects.

Public Works

Establish a Vision Zero Rapid Response Safety Project Protocol that utilizes data from the renamed Fatal Accident Investigation Team (FAIT), to identify quick-build projects if engineering countermeasures may effectively improve safety. The protocol should outline a path forward for Public Works staff to be a part of the immediate on-the- ground response to an investigation of severe and fatal collisions.

Public Works;
Police

Conduct before and after studies of a sample of Vision Zero quick- build projects to evaluate countermeasure effectiveness where existing understanding is insufficient.

Public Works

Undertake a Standards of Coverage/Response Time Study to provide a data-driven understanding of how safety improvements impact emergency response times.

Fire

Establish a pre-approved toolbox of traffic safety infrastructure design treatment improvements with the Vision Zero Coordinating Committee to streamline the implementation of projects.

Public Works

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City of Berkeley Vision Zero Annual Report | 21

2.2 SAFER STREETS FOR EVERYONE:

PROJECT DESIGN
Priority Action
Lead
Department Timeline

Establish Vision Zero Design Guidelines that consolidate policies and design guidelines from Council-adopted plans such as the Pedestrian Plan, Bicycle Plan, and Complete Streets Policy to guide Berkeley’s street design, traffic, and parking procedures in order to prioritize safety and reduce the incidence of severe and fatal collisions.

Ensure revisions and updates are reviewed by the Vision Zero Coordinating Committee to maintain accessibility for people of all ages and abilities.

Public Works

Develop Curbside Management Guidelines and incorporate them into the Vision Zero Guidelines to ensure Berkeley addresses safety concerns at the curb due to existing and emerging mobility options.

Public Works
Update the Berkeley Municipal Code to be consistent with the Vision Zero Design Guidelines.

Public Works

Refine the existing traffic calming toolbox to include design guidelines for all street types, utilizing Council-adopted plans where applicable. Ensure the traffic calming toolbox is reviewed by the Vision Zero Coordinating Committee to streamline the implementation of projects.

Public Works

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22 | Appendices

2.3 SAFER STREETS FOR EVERYONE:

PROJECT DELIVERY
Priority Action
Lead
Department Timeline
✩
Proactively build capital-intensive and quick-build safety projects on all Vision Zero High-Injury Streets on a schedule to complete such projects by 2028.

Public Works

Reactively build newly identified quick-build projects at locations with recent severe and fatal collisions if engineering countermeasures may effectively improve safety, based on Rapid Response Safety Project Protocol.

Public Works

Continue to deliver traffic calming projects. Utilize the traffic calming toolbox and evaluate requests based on an equity- and data-driven approach to implementation for both residential and Vision Zero High-Injury Streets. Increase public awareness of the traffic calming program.

Public Works

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City of Berkeley Vision Zero Annual Report | 23

3.1 SAFER STREETS BY EVERYONE:

PUBLIC AWARENESS
Priority Action
Lead
Department Timeline
✩
Develop and proactively deliver a Vision Zero branding, promotional, and educational campaign to increase
awareness about Vision Zero and the top traffic violations for severe and fatal injuries in Berkeley, elevating victims’ stories.

Regularly update the campaign to ensure it is context-specific, accessible, and culturally relevant. Collaborate with
community-based organizations to distribute material and promote messages and public events that normalize active transportation and transit as healthy and responsible
transportation choices.

Health, Housing,
and Community
Services

✩
Establish a Vision Zero Rapid Response Safety
Communication Protocol. Employ a communication strategy in response to recent severe and fatal collisions aimed at the human element of traffic safety, including health and prevention messaging to the Berkeley community.

Public Works

Partner with UC Berkeley, Berkeley City College, and
Berkeley Unified School District to distribute targeted Vision Zero messaging for students.

Public Works

Integrate Vision Zero traffic safety awareness and
education into training for City employees who drive City vehicles or drive while on City business, including Police, Fire, Public Works, and all City departments and divisions.

City Manager’s
Office

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24 | Appendices

3.2 SAFER STREETS BY EVERYONE: ENFORCEMENT
Priority Action
Lead
Department Timeline
✩
Focus traffic enforcement efforts proportionately on the most significant traffic violations for severe and fatal collisions by party at fault. Focus enforcement efforts on areas of Berkeley where engineering and education efforts have already been implemented.

Conduct traffic enforcement consistent with the City of Berkeley’s Fair and Impartial Policing Policy.

Police
✩
Support state-wide traffic safety legislation allowing automated speed enforcement by local agencies, designation of speed limits on local streets based on desired safety outcomes rather than the existing prevailing speed, and the reduction of local residential street speed limits to below 25 MPH, which would allow for 20 MPH speed limit on local residential streets, consistent with “20 Is Plenty” campaigns.

Utilize existing legislated automated enforcement strategies, such as red light cameras.

City
Manager’s
Office

Rename the Fatal Accident Investigation Team to replace the word “accident” with “collision” and include reference to near-fatal and major collisions, to acknowledge that most collisions are preventable, and to be in line with Vision Zero philosophies.

Police

Continue and regularly update a collision data-driven
enforcement strategy focusing on collision reports from the renamed Fatal Accident Investigation Team (FAIT) to supplement collision data from SWITRS. Focus on areas of Berkeley where engineering and education efforts have already been implemented. Conduct traffic enforcement consistent with the City of Berkeley’s Fair and Impartial Policing policy.

Police
Seek opportunities to educate before issuing citations during traffic enforcement.

Police

Develop a traffic ticket diversion program for bicycle and pedestrian traffic tickets to promote access to bicycle and pedestrian safety courses and programs.

Police

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City of Berkeley Vision Zero Annual Report | 25
APPENDIX B: SWITRS VIOLATION CODE DATA TABLES
Cited California Vehicle Code Violation by Party at Fault1 Cited California Vehicle Code
Violation Party Cited as at Fault
California Vehicle Code Summary Driver Ped
Parked
Vehicle Bicyclist Other
None
cited Total
Unsafe speed 50 0 0 29 0 1 80
Driver not yielding at crosswalk 62 0 0 0 0 1 63
Not Cited 6 1 0 6 0 16 29
Failing to signal 15 0 0 6 0 0 21
Failure to yield to while making
left- or U-turn 19 0 0 0 0 0 19
Pedestrian crossing outside
crosswalk or legal crossing 2 13 0 0 0 0 15
Driver not yielding at stop sign 13 0 0 1 0 0 14
Driving under the influence 13 0 0 0 0 0 13
Driver not stopping at line 7 0 0 5 0 0 12
Failure to drive in a single lane 11 0 0 0 0 0 11
Failure to yield to oncoming traffic
when entering or crossing road
from property or alley 6 0 0 3 0 0 9
Driving under the influence
causing bodily injury 9 0 0 0 0 0 9
Opening door in unsafe conditions 5 0 1 0 1 0 7
Pedestrian suddenly leaving curb 0 6 0 0 0 0 6
Pedestrian had flashing DON'T
WALK 0 5 0 0 0 0 5
Failure to stop at stop bar 1 0 0 4 0 0 5
Unsafe backing of vehicle 4 0 0 0 0 0 4
Driver crossing double parallel
solid yellow lines 2 0 0 1 0 0 3
Driver passes unsafely 3 0 0 0 0 0 3
Pedestrian crossing between
signalized intersections 0 2 0 0 0 0 2
Driving with 0.04% or more
alcohol in blood with a passenger
for hire in the vehicle 2 0 0 0 0 0 2
Driving under the influence of a
drug 2 0 0 0 0 0 2

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26 | Appendices
Cited California Vehicle Code
Violation Party Cited as at Fault
California Vehicle Code Summary Driver Ped
Parked
Vehicle Bicyclist Other
None
cited Total
Bicyclist has same rights and
subject to same rules as motor
vehicles 0 0 0 1 0 0 1
Bicyclist riding during darkness
without front light and rear
reflector 0 0 0 1 0 0 1
Driver did not proceed straight or
yield properly 1 0 0 0 0 0 1
Driver not yielding to pedestrians
during right turn on red 0 1 0 0 0 0 1
Failure to comply with traffic
signal 1 0 0 0 0 0 1
Driving on the left-hand side of an
intermittent barrier dividing
opposing traffic 1 0 0 0 0 0 1
Failure to drive in a single lane 1 0 0 0 0 0 1
Unsafe following of another
vehicle 1 0 0 0 0 0 1
Pass on the left with a safe
distance 1 0 0 0 0 0 1
Driver overtaking another vehicle
on the right where not allowed 1 0 0 0 0 0 1
Driver passes bicyclist unsafely 1 0 0 0 0 0 1
Driver passes bicyclist unsafely in
violation of 3-foot rule 1 0 0 0 0 0 1
At intersection, yield to vehicles
already in the intersection 1 0 0 0 0 0 1
Failure to yield to U-turning driver
taking appropriate care 1 0 0 0 0 0 1
Driver did not slow down or
exercise due care when
approaching pedestrian in
crosswalk 1 0 0 0 0 0 1
Driver overtaking a stopped
vehicle at crosswalk 0 1 0 0 0 0 1
Failure to turn left as close as
practicable to left edge of left lane 1 0 0 0 0 0 1
Driver disobeys traffic control
device 1 0 0 0 0 0 1

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City of Berkeley Vision Zero Annual Report | 27
Cited California Vehicle Code
Violation Party Cited as at Fault
California Vehicle Code Summary Driver Ped
Parked
Vehicle Bicyclist Other
None
cited Total
Making a U-turn with a vehicle
approaching from another
direction 1 0 0 0 0 0 1
Reckless driving 1 0 0 0 0 0 1
Reckless driving causing bodily
injury 1 0 0 0 0 0 1
Driving with 0.08% or more
alcohol in blood causing bodily
injury 1 0 0 0 0 0 1
Driving a vehicle in an unsafe
condition or not safely loaded 1 0 0 0 0 0 1
Total 251 29 1 57 1 18 357
Notes:

1. SWITRS ten-year severe and fatal injury collision data, 2011-2020

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28 | Appendices
Cited CA Vehicle Code Violations by Parties Involved in Severe and Fatal Collisions1
Violation by Party at Fault for Severe or Fatal
Collisions Total # of
Severe or
Fatal
Collisions3
Other Parties Involved2
Cited Party
at Fault California Vehicle Code Summary Driver Pedestrian Parked
Vehicle Bicyclist Other
Solo
Crashes
Driver Driver not yielding at crosswalk 62 1 66 0 0 0 0 Driver Unsafe speed 41 33 9 8 5 2 9
Driver
Failure to yield to while making
left- or U-turn 19 14 0 1 5 0 0
- Not Cited 16 15 2 3 12 0 0
Driver Driver not yielding at stop sign 13 10 1 0 2 0 0 Pedestrian
Pedestrian crossing outside
crosswalk or legal crossing 13 14 0 0 0 0 0
Bicyclist Unsafe speed 12 8 1 2 1 0 17
Driver Failing to signal 10 9 0 0 2 0 5
Driver Failure to drive in a single lane 10 14 0 0 0 0 1 Driver Driving under the influence 8 10 2 2 0 0 5
Driver
Driving under the influence
causing bodily injury 7 6 3 0 0 0 2
Driver Driver not stopping at line 7 6 1 0 1 0 0
Driver
Failure to yield to oncoming traffic
when entering or crossing road
from property or alley 6 4 0 0 3 0 0
Pedestrian Pedestrian suddenly leaving curb 6 6 0 0 0 0 0 Driver Not Cited 5 3 1 0 1 0 1
Bicyclist Driver not stopping at line 5 4 0 0 0 1 0
Pedestrian
Pedestrian had flashing DON'T
WALK 5 5 0 0 0 0 0
Driver Opening door in unsafe conditions 5 0 0 0 5 0 0
Bicyclist Failure to stop at stop bar 4 4 0 0 0 0 0
Bicyclist Failing to signal 3 3 0 1 0 0 3
Driver Unsafe backing of vehicle 3 1 2 0 0 0 1
Bicyclist
Failure to yield to oncoming traffic
when entering or crossing road
from property or alley 3 3 0 0 0 0 0
Driver Driver passes unsafely 2 2 0 0 0 0 1
Driver
Driver crossing double parallel
solid yellow lines 2 2 0 0 0 0 0

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City of Berkeley Vision Zero Annual Report | 29
Violation by Party at Fault for Severe or Fatal
Collisions Total # of
Severe or
Fatal
Collisions3
Other Parties Involved2
Cited Party
at Fault California Vehicle Code Summary Driver Pedestrian Parked
Vehicle Bicyclist Other
Solo
Crashes
Driver
Pedestrian crossing outside
crosswalk or legal crossing 2 1 2 0 0 0 0
Pedestrian
Pedestrian crossing between
signalized intersections 2 2 0 0 0 0 0
Driver
Driving with 0.04% or more
alcohol in blood with a passenger
for hire in the vehicle 2 0 1 0 1 0 0
Driver
Driving under the influence of a
drug 2 4 0 0 0 0 0
Pedestrian Not Cited 1 1 0 0 0 0 0
Bicyclist
Bicyclist has same rights and
subject to same rules as motor
vehicles 1 1 0 0 0 0 0
Bicyclist
Bicyclist riding during darkness
without front light and rear
reflector 1 1 0 0 0 0 0
Driver
Driver did not proceed straight or
yield properly 1 1 0 0 0 0 0
Pedestrian
Driver not yielding to pedestrians
during right turn on red 1 0 0 0 1 0 0
Bicyclist
Driver crossing double parallel
solid yellow lines 1 1 0 0 0 0 0
Driver Failure to comply with traffic signal 1 0 0 0 1 0 0 Driver Failure to drive in a single lane 1 1 0 0 0 0 0
Driver
Unsafe following of another
vehicle 1 2 0 0 0 0 0
Driver
Pass on the left with a safe
distance 1 0 0 0 1 0 0
Driver
Driver overtaking another vehicle
on the right where not allowed 1 1 0 0 0 0 0
Driver Driver passes bicyclist unsafely 1 0 0 0 1 0 0
Driver
Driver passes bicyclist unsafely in
violation of 3-foot rule 1 0 0 0 1 0 0
Driver
At intersection, yield to vehicles
already in the intersection 1 0 0 0 1 0 0
Driver
Failure to yield to U-turning driver
taking appropriate care 1 0 0 0 1 0 0
Bicyclist Driver not yielding at stop sign 1 1 0 0 0 0 0

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30 | Appendices
Violation by Party at Fault for Severe or Fatal
Collisions Total # of
Severe or
Fatal
Collisions3
Other Parties Involved2
Cited Party
at Fault California Vehicle Code Summary Driver Pedestrian Parked
Vehicle Bicyclist Other
Solo
Crashes
-
Failure to yield at crosswalk or
pedestrian walking into vehicle
path 1 1 1 0 0 0 0
Driver
Driver did not slow down or
exercise due care when
approaching pedestrian in
crosswalk 1 0 1 0 0 0 0
Pedestrian
Driver overtaking a stopped
vehicle at crosswalk 1 1 0 0 0 0 0
Driver
Failure to turn left as close as
practicable to left edge of left lane 1 1 0 0 0 0 0
Driver
Driver disobeys traffic control
device 1 1 0 0 0 0 0
Driver
Making a U-turn with a vehicle
approaching from another
direction 1 1 0 0 0 0 0
- Unsafe speed 1 2 0 0 0 0 0
Driver Failure to stop at stop bar 1 1 0 0 0 0 0
Parked
Vehicle Opening door in unsafe conditions 1 0 0 0 1 0 0 Other Opening door in unsafe conditions 1 0 0 0 1 0 0
Driver Reckless driving 1 1 0 3 0 0 0
Driver
Reckless driving causing bodily
injury 1 1 1 0 0 0 0
Driver
Driving with 0.08% or more
alcohol in blood causing bodily
injury 1 0 1 0 0 0 0
Bicyclist Not Cited 0 0 0 0 0 0 6
Driver
Driving on the left-hand side of an
intermittent barrier dividing
opposing traffic 0 0 0 0 0 0 1
Driver
Driving a vehicle in an unsafe
condition or not safely loaded 0 0 0 0 0 0 1
Total 304 204 95 20 47 3 53
Notes:

1. SWITRS ten-year severe and fatal injury collision data, 2011-2020

2. Parties involved will not sum to total number of collisions

3. This excludes solo crashes. To understand the total number of severe or fatal collisions, sum this column with the number of solo collisions.

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274
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

RECOMMENDATION
Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City to participate in Sourcewell (formerly NJPA) Contract No. 080521-PBL bid procedures and authorizing the City Manager to execute a purchase order for two chipper trucks with PB Loader Corporation in an amount not to exceed $400,000.

FISCAL IMPACTS OF RECOMMENDATION
The purchase of two (2) chipper trucks will not exceed $400,000 and includes DMV fees, CA tire fees, delivery to City of Berkeley, shipping and sales tax. It is anticipated that the final price will be $358,929.14 currently quoted, but there may be additional unanticipated price increases. Funding for this purchase is available in the FY 2022 budget in the Equipment Replacement Fund (671-54-626-723-0000-000-473-664120).

CURRENT SITUATION AND ITS EFFECTS
On November 30, 2021, Berkeley City Council approved the purchase of two chipper trucks, Resolution No. 70,132-N.S. for a total not to exceed $305,900 from PB Loader.

PB Loader utilizes the base cab and chassis of the F-650 and builds out the body of the chipper truck. Ford, the vendor that PB Loader was planning on ordering from, stopped taking model year 2022 orders to re-evaluate their pricing and delivery dates, thus putting the Ford F-650 on hold so Public Works was unable to execute the purchase order as originally planned. Ford released their 2023 models in April enabling PB Loaders to be purchased from Ford and allowing the complete build-out of the chipper trucks. However, there are now substantial increases on all of the required components to complete the vehicle resulting in the overall price increase.

This purchase will replace two (2) F-650 Class 8 chipper trucks, equipment numbers 3274 and 3275. The chipper trucks were originally purchased in 2001 with an anticipated useful life of 15 years. This new purchase eliminates the need for ongoing costly maintenance due to the age and condition of the trucks. The Parks, Recreation & Waterfront Department requires new vehicles to perform tree maintenance in parks, along public right of ways, city property, and in response to emergencies. These vehicles use a commercial grade woodchipper unit that recovers processed debris.

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Increase Purchase Order: PB Loader Corporation for CONSENT CALENDAR Two Chipper Trucks June 28, 2022

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Approval of this item will further the Strategic Plan goal of providing state-of-the-art, well-maintained infrastructure, amenities, facilities.

BACKGROUND
The Department of Public Works purchases vehicles and equipment for the City’s departments throughout the year. These purchases are paid through the Equipment Replacement Fund by departments that contribute annually to this fund so that vehicles can be replaced at the end of their useful life. If the purchase request exceeds $25,000, the Department of Finance, General Services Division solicits or “piggybacks” off competitively bid contracts to ensure the City receives the best pricing.

The City of Berkeley has been a no-cost member and participant of Sourcewell1 (formerly National Joint Powers Alliance), a municipal contracting agency operating under the legislative authority of Minnesota Statute 123A.21. The original statute was revised in 1995 to allow government clients to better meet their specific needs through participation in a service cooperative, rather than paying higher costs associated with individual procurement. Sourcewell allows participating municipal agencies to leverage the benefits of cooperative purchasing and reduces procurement costs. Sourcewell services all educational, government, and non-profit agencies nationwide, and offer cooperative contracted products, equipment, and service opportunities to government entities throughout the U.S.

All Sourcewell contracts have been competitively solicited nationwide. On April 6, 2017, Sourcewell released Request for Proposal No. 052417 for Roadway Maintenance Equipment with related accessories, attachments, materials, and supplies. The solicitation was released for approximately forty-nine days, and we received thirty-three proposals. Upon review, an evaluation committee selected PB Loader Corporation as the best, most responsive proposer to meet the specifications and awarded Contract No. 052417-PBL.

Contract No. 052417-PBL had an expiration date of October 2, 2021. On June 17, 2021, Sourcewell released a new Request for Proposal No. 080521 for Roadway Maintenance Equipment. The solicitation was released for fifty days, and on August 5, 2021, we received thirty proposals. Upon review, the evaluation committee selected PB Loader Corporation as the best response proposer to meet the specifications awarding Contract No. 080521-PBL.

For all contracts, Sourcewell charges an administrative fee based upon the percentage of the sale, and the fee is paid by the Contractor. For this purchase, the fee will be paid by contract holder PB Loader Corporation and will not be passed on to the City of Berkeley.
1 https://www.sourcewell-mn.gov

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Increase Purchase Order: PB Loader Corporation for CONSENT CALENDAR Two Chipper Trucks June 28, 2022

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ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Consistent with the City Council’s recently accepted 2020 Municipal Fleet Electrification Assessment, Public Works contacted industry representatives from Motive Motors, Lightning eMotors, and Ford regarding the availability of a viable electric version of this equipment. These representatives informed staff that electric vehicle equivalents of these vehicles are not available.

The new chipper trucks will be powered by 100% renewable diesel in place of gasoline, reducing greenhouse gas emissions by as much as 50-80%. Usage of renewable diesel also complies with the City’s Fossil Free recommendations. Additionally, this purchase aligns with the 2020 Municipal Fleet Electrification Assessment in recognizing the lack of commercially available and viable electric medium and heavy-duty vehicles.

In 2022, the fleet includes 61 hybrid vehicles. Public Works is on track to complete the conversion of sedans and SUVs to EVs by 2028, two years ahead of the assessment’s schedule. In addition, the city fleet has reduced its consumption of traditional gasoline by 37% from a high in 2001.

RATIONALE FOR RECOMMENDATION
Equipment must be replaced on a reasonable schedule to ensure the Parks, Recreation & Waterfront’s Forestry Division can efficiently, safely, and effectively carry out its duties.

ALTERNATIVE ACTIONS CONSIDERED
None. Keeping equipment longer than its useful life results in higher maintenance costs, excessive downtimes, and higher greenhouse gas emissions.

CONTACT PERSON
Greg Ellington, Superintendent, Public Works, (510) 981-6469 Joy Brown, Operations Manager, Public Works, (510) 981-6629 Andrew Brozyna, Deputy Director, Public Works, (510) 981-6396 Attachment:
1: Resolution

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277
RESOLUTION NO. ##,###-N.S.

INCREASE PURCHASE ORDER: PB LOADER CORPORATION FOR TWO CHIPPER TRUCKS
WHEREAS, two (2) Chipper Trucks are needed by the Forestry Division to perform tree maintenance services in parks, along public right of ways, ancillary city property, and emergency response; and
WHEREAS, equipment unit numbers 3274 and 3275 being replaced are 20 years old and have reached the end of their useful life; and
WHEREAS, equipment must be replaced on a reasonable schedule and 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 process; and
WHEREAS, all Sourcewell contacts have been competitively solicited nationwide and Sourcewell Contract No. 080521-PBL satisfies the procurement requirement of the City of Berkeley; and
WHEREAS, funds in the amount of $400,000 are available in the FY 2022 Equipment Replacement Fund (671-54-626-723-0000-000-473-664120).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City of Berkeley City Manager is authorized to participate in Sourcewell (formerly NJPA) Contract No. 080521-PBL bid procedures and execute a purchase order for two (2) Chipper Trucks with PB Loader Corporation in an amount not to exceed $400,000.

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278
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

RECOMMENDATION
Adopt a Resolution satisfying requirements of City Charter Article XI Section 67.2 allowing the City to participate in Sourcewell (formerly NJPA) Contract No. 03219-CNH bid procedures and authorizing the City Manager to execute a purchase order for one CASE Tractor Loader with Sonsray Machinery in an amount not to exceed $165,000.

FISCAL IMPACTS OF RECOMMENDATION
It is anticipated that the purchase of one (1) Tractor Loader will not exceed $136,373 which includes delivery, sales tax, and warranty, however, a contingency has been built into the authorization amount due to unforeseen impacts of material pricing and supply chain constraints. Funding in the amount of $165,000 is available in the FY2022 Equipment Replacement Fund (budget code 671-54-626-723-0000-000-473-664120).

CURRENT SITUATION AND ITS EFFECTS
This purchase will replace one (1) Tractor Loader, equipment number 3013, of the model year 2005. The equipment has exceeded its useful life of 15 years. The Parks, Recreation, and Waterfront Department (PRW) staff will utilize the new multi-purpose tractor to perform duties such as transporting materials, preparing project sites, light construction, and maintenance related to the City’s Marina, parks, and street medians.

This purchase supports the City’s Strategic Plan Goal of providing state-of-the-art, well- maintained infrastructure, amenities, and facilities.

BACKGROUND
Throughout the year, the Department of Public Works purchases equipment for the City’s departments. These purchases are paid through the Equipment Replacement Fund. Departments contribute annually to this fund so that equipment can be replaced at the end of its useful life. If the purchase request exceeds $25,000, the Department of Finance, General Services Division solicits or “piggybacks” off competitively bid contracts to ensure the City receives the best pricing.

The City of Berkeley has been a no-cost member and participant of Sourcewell (formerly National Joint Powers Alliance), a municipal contracting agency operating

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279
Purchase Order: Sonsray Machinery for One CONSENT CALENDAR Tractor Loader June 28, 2022

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under the legislative authority of Minnesota Statute 123A.21. The original statute was revised in 1995 to allow government clients to better meet their specific needs through individual procurement. Sourcewell allows participating municipal agencies to leverage the benefits of cooperative purchasing and reduces procurement costs. Sourcewell services all educational, government, and non-profit agencies nationwide, and offer cooperative contracted products, equipment, and service opportunities to government entities throughout the U.S. All Sourcewell contracts are competitively solicited nationwide.

On January 31, 2019, Sourcewell released Request for Proposal No. 032119 for Heavy Construction Equipment with Related Accessories, Attachments, and Supplies which is valid through March 13, 2023. The solicitation was released for approximately fifty-one days and on March 22, 2019, fifteen proposals were submitted, received, and opened.

Upon review, the Proposal Evaluation Committee selected CNH Industrial America LLC as the best, most responsive proposer to meet the specifications and awarded Contract No. 032119-CNH. CNH Industrial is the manufacturer of the CASE Tractor Loader, and Sonsray Machinery, located in San Leandro, is the local authorized dealership.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The CASE Tractor Loader is an off-road asset equipped with the highest-rated compliance engine assembly available. Engine application will include a tier 4 final assembly, which meets the strictest EPA Emissions Requirement for off-highway diesel engines. It will be powered by 100% renewable diesel that meets 2018 EPA and California Air Resources Board (CARB) requirements. The combined applications will reduce greenhouse gas emissions by as much as 50-80% from the existing equipment.

Fleet Maintenance staff conducted research to ascertain whether an electric drivetrain version of this product is available. The research concluded that there are no fully electric drivetrains for this type available at this time. However, the industry is in the process of developing electric compact tractors that may meet the City’s needs in the future.

RATIONALE FOR RECOMMENDATION
Equipment replacement must be done timely to ensure the Landscape Division of the Parks, Recreation, and Waterfront Department can efficiently, safely, and effectively carry out the work.

ALTERNATIVE ACTIONS CONSIDERED
None. Keeping equipment longer than its useful life results in higher maintenance costs, excessive downtimes, and higher greenhouse gas emissions.

CONTACT PERSON
Greg Ellington, Equipment Superintendent, Public Works, (510) 981-6469 Joy Brown, Operations Manager, Public Works, (510) 981-6629 Andrew Brozyna, Deputy Director, Public Works (510) 981-6396

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Purchase Order: Sonsray Machinery for One CONSENT CALENDAR Tractor Loader June 28, 2022

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281
RESOLUTION NO. ##,###-N.S.

PURCHASE ORDER: SONSRAY MACHINERY FOR ONE TRACTOR LOADER WHEREAS, one (1) Tractor Loader is needed by the Parks, Recreation and Waterfront Department’s Landscape Division to perform duties such as transporting materials, preparing project sites, light construction, and maintenance related to the City’s Marina, parks, and street medians; and
WHEREAS, equipment unit number 3013, has exceeded its useful life of 15 years; and WHEREAS, equipment must be replaced on a reasonable schedule to allow 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 process; and
WHEREAS, all Sourcewell contracts have been competitively solicited nationwide and Sourcewell Contract No. 032119-CNH satisfies the procurement requirement of the City of Berkeley; and
WHEREAS, funding in the amount of $165,000 is available in the FY2022 Equipment Replacement Fund (budget code 671-54-626-723-0000-000-473-664120).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to participate in Sourcewell (formerly NJPA Contract No. 032119-CNH) bid procedures and execute a purchase order for one (1) Tractor Loader with Sonsray Machinery in an amount not to exceed $165,000.

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282
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 28, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Purchase Order Amendment: Diesel Direct West, Inc. for Fuel for City Vehicles and Equipment

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend the multi-year purchase orders with Diesel Direct West, Inc. for fuel for City vehicles and equipment, increasing the combined amount by $1,900,000 for a total amount not to exceed $10,744,000, and extending the term through December 31, 2023.

FISCAL IMPACTS OF RECOMMENDATION
Funds to pay for continued fuel purchases in the Equipment Maintenance Fund (Fund 672) and Fire Department (General Fund 011) are subject to Council approval of the FY 2023 Annual Appropriations Ordinance. Individual departments are charged by Equipment Maintenance for actual usage.

Department Estimated Amount erma GL Account
Public Works $1,670,000 672-54-626-722-0000-000-473-642130- Fire $230,000 011-72-742-835-0000-000-422-642130-

CURRENT SITUATION AND ITS EFFECTS
Fuel is purchased by Public Works Equipment Maintenance Division for use by the City’s vehicles and equipment including emergency generators. The previously approved City Council total not-to-exceed amount with Diesel Direct is nearing the end of its authorized funding limit. To continue the uninterrupted delivery of fuel for the City’s fleet, staff recommends the approval of the proposed contract amendment, increasing the total by $1,900,000 for a not-to-exceed amount of $10,744,000 and extending the term through December 31, 2023, which is the second of the three 2-year extension options previously authorized.

Public Works Equipment Maintenance Division endeavors to procure the most fuel- efficient vehicles and equipment that are suitable for the required tasks. For every fleet purchase, staff researches 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. However, for most heavy and medium duty applications that support

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283
Purchase Orders Extension: Diesel Direct, Inc. CONSENT CALENDAR for Fuel City Vehicles and Equipment June 28, 2022

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Public Works operations and others, staff research finds that there are no viable electric vehicles or equipment for consideration at this time. The current need for conventional and alternative fuel aligns with the 2020 Municipal Fleet Electrification assessment that recognizes the lack of commercially available and viable fully electric medium and heavy-duty vehicles.

This Purchase Order amendment supports the Strategic Plan Priority goal of creating a resilient, safe, connected, and prepared city.

BACKGROUND
In January, 2016, City Council approved, Resolution 67,363-N.S. for a four (4) year contract with three (2) year options to extend, for a total maximum period of ten years, with Golden Gate Petroleum (now Diesel Direct) for fuel for City vehicles and equipment in the amount not to exceed $7,444,000.

In 2018 Diesel Direct West, Inc. notified the City of Berkley that the company had acquired Golden Gate Petroleum’s fuel delivery business and would continue to offer the City the same in terms of pricing, delivery, and schedule.

The City Manager signed an Extension to Term of Contract extending the multi-year purchase order authorization term with Diesel Direct West, Inc. from June 30, 2020 to June 30, 2021 and again extending the term through September 30, 2021.

Most recently, City Council approved Resolution 70-026 N.S. authorizing the City Manager City Manager to execute a purchase order extension with Diesel Direct, Inc. for fuel for City vehicles and equipment, increasing the combined amount by $1,400,000 for a total amount not to exceed $8,844,000, and extending the term through June 30, 2022.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The City currently uses a combination of renewable diesel, gasoline, and electricity to power its fleet and equipment. The City has used renewable diesel exclusively for diesel vehicles and equipment since 2016. The City is urgently transitioning its light duty fleet to electric but will need to continue to purchase fuel as commercially available and viable fully electric medium and heavy-duty vehicles are not available at this time.

In 2022, the fleet includes 61 Hybrid vehicles. Public Works is on track to complete the conversion of sedans and SUVs to EVs by 2028, two years ahead of the assessment’s schedule. In addition, the city fleet has reduced its consumption of traditional gasoline by 37% from a high in 2001.

Additionally, the City is transitioning away from Compressed Natural Gas vehicles to renewable diesel to further reduce the carbon footprint of the City’s fleet.

RATIONALE FOR RECOMMENDATION

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Purchase Orders Extension: Diesel Direct, Inc. CONSENT CALENDAR for Fuel City Vehicles and Equipment June 28, 2022

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With the existing purchase orders and fuel market volatility, backed up by monitoring Oil Pricing Information Service prices, staff finds extension of the current Purchase Orders to be prudent and cost effective. Fuel, primarily renewable diesel, is required for emergency response vehicles, critical equipment, vehicles, and emergency generators.

ALTERNATIVE ACTIONS CONSIDERED
The City can choose to purchase fuel on the open market without indexed price or cost savings from volume considerations. However, this is not recommended since the City will be unable to realize the cost savings.

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285
RESOLUTION NO. ##,###-N.S.

PURCHASE ORDERS EXTENSION: DIESEL DIRECT, INC. FOR FUEL FOR CITY

VEHICLES AND EQUIPMENT
WHEREAS, fuel is needed for purchase by Public Works Equipment Maintenance for use by City vehicles and equipment including emergency generators, and by the Fire Department for fuel at City fire stations; and
WHEREAS, on January 26, 2016, City Council approved, Resolution 67,363-N.S. for a four (4) year contract with three (2) year options to extend, for a total maximum period of ten years, with Golden Gate Petroleum (now Diesel Direct) for fuel for City vehicles and equipment in the amount not to exceed $7,444,000; and WHEREAS, in 2018 Diesel Direct West, Inc. notified the City of Berkley that the company had acquired Golden Gate Petroleum’s fuel delivery business and would continue to offer the City the same in terms of pricing, delivery, and schedule; and WHEREAS, the City Manager signed an Extension to Term of Contract extending the multi-year purchase order authorization term with Diesel Direct West, Inc. from June 30, 2020 to June 30, 2021 and again extending the term through September 30, 2021.

WHEREAS, on September 14, 2021, City Council approved Resolution 70-026 N.S. authorizing the City Manager City Manager to execute a purchase order extension with Diesel Direct, Inc. for fuel for City vehicles and equipment, increasing the combined amount by $1,400,000 for a total amount not to exceed $8,844,000, and extending the term through June 30, 2022; and
WHEREAS, funding will be appropriated in the FY 2023 budget in General Fund 011 and Equipment Maintenance Fund 672; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a purchase order extension with Diesel Direct, Inc. for fuel for City vehicles and equipment, increasing the combined amount by $1,900,000 for a total amount not to exceed $10,744,000, and extending the term December 31, 2023.

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286
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

RECOMMENDATION
Adopt a Resolution approving plans and specifications for the FY 2022 Sidewalk Repair Project; accepting the bid of Sposeto Engineering Inc. as the lowest responsive and responsible bidder; and authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project, in accordance with the approved plans and specifications in an amount not to exceed $2,512,152.

FISCAL IMPACTS OF RECOMMENDATION
Funding in the amount of $432,252 is available in the FY 2022 Vehicle Registration Fee Fund 133 ($82,252) and Measure T1 Fund ($350,000) budgets and the balance is subject to appropriation in FY 2023 from the Sidewalk Capital Improvement Program Measure BB Local Streets and Roads Fund 134, Private Party Sidewalk Fund 149 and Measure T1 Fund 511 budgets.

Measure T1 Bond (Fund 511)...........................................................$1,749,900.00 Private Party Sidewalks (Fund 149) ....................................................$500,000.00 Measure BB Sales Tax (Fund 134) .....................................................$180,000.00 Measure F Alameda County VRF ST and RD (FUND 133) …………. $82,252.00 Total construction cost $2,512,152.00
No other funding is required, and no other projects will be delayed due to this expenditure.

Low bid by Contractor ......................................................................$2,283,775.00 10% Contingency ................................................................................$228,377.00 Total construction cost $2,512,152.00

CURRENT SITUATION AND ITS EFFECTS
The project was released for bids on March 28, 2022, and bids were opened on April 19, 2022 (see Attachment 3, Abstract of Bids). Five bids were received, from a low of

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287
Contract: Sposeto Engineering Inc CONSENT CALENDAR
for FY 2022 Sidewalk Repair Project June 28, 2022

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$2,283,775 to a high of $3,289,520. The engineer’s estimate for the project was $2,250,000.

Sposeto Engineering Inc. of Livermore, California was the lowest responsive and responsible bidder, with a bid of $2,283,775.00, and their references were found to be satisfactory. This project includes an 10% contingency, which brings the total contract amount up to the requested $2,512,152.00. Staff recommends a contract for this project be awarded to Sposeto Engineering Inc.

The FY 2022 Sidewalk Repair Project (Specification No. 22-11504-C) is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
In October 2011, the City established a sidewalk repair and replacement program to improve the quality of Berkeley’s sidewalks. There are more than 300 total miles of concrete sidewalk within the city limits. The City currently shares sidewalk replacement costs with property owners on a 50-50 basis, irrespective of the cause of the deterioration.

Concrete sidewalk replacement, however, may only occur on a “funds-available” basis, which resulted in a ten-year backlog of customers awaiting replacement. In recent years, with the increase in available funding from the Capital Improvement fund and the addition of Measure T1 funding, the projected waiting period for addresses added to the waitlist at present has been reduced from 8 to 10 years to 3 to 5 years. Additionally, the Department of Public Works has reduced the quantity of sidewalks requiring permanent replacement by deploying alternative means of repair such as concrete shaving. While the shaving process has been highly successful and cost effective, uplifts of over 2 inches require removal and replacement, and often shaving does not address the underlying issue for the uplift such as shallow tree roots. Sidewalk removal and replacement remain the most effective solution.

The project will attend to over 550 addresses that were identified as requiring removal and replacement to repair from the current backlog of approximately 1,400 sidewalk locations on the 50-50 program waiting list.

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

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS

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288
Contract: Sposeto Engineering Inc CONSENT CALENDAR
for FY 2022 Sidewalk Repair Project June 28, 2022

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The City’s sidewalk repair program is a component of the City’s climate action plan, as well-maintained sidewalks help to facilitate safe walking, which is a healthy and clean form of transportation.

RATIONALE FOR RECOMMENDATION
This sidewalk repair program is part of the City’s ongoing annual program to repair deteriorated sidewalks throughout the City. The work requires contracted services, as the City does not possess the in-house labor or equipment resources necessary to complete the project.

ALTERNATIVE ACTIONS CONSIDERED
No alternative action considered for this sidewalk repair project. The City could choose not to proceed with this project. However, the sidewalk conditions would then continue to deteriorate, affecting use by the community and others.

CONTACT PERSON
Joe Enke, Manager of Engineering, Dept. of Public Works, (510) 981-6411 Terrence Salonga, Associate Civil Engineer, Dept. of Public Works, (510) 981-6447 Attachments:
1: Resolution
2: Location Map for Project
3: Abstract of Bids

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289
RESOLUTION NO. ##,###-N.S.

CONTRACT: SPOSETO ENGINEERING FOR FY 2022 SIDEWALK REPAIR

PROJECT
WHEREAS, the FY 2022 Sidewalk Repair Project is part of the City’s ongoing Sidewalk Capital Improvement Program to rehabilitate deteriorated sidewalks located throughout the City; and
WHEREAS, the City has neither the labor nor the equipment necessary to undertake this FY 2022 Sidewalk Repair Project; and
WHEREAS, an invitation for bids was duly advertised and Sposeto Engineering Inc. was the lowest responsive and responsible bidder; and
WHEREAS, funding in the amount of $432,252 is available in the FY 2022 Vehicle Registration Fee Fund 133 ($82,252) and Measure T1 Fund ($350,000) budgets and the balance is subject to appropriation in FY 2023 from the Sidewalk Capital Improvement Program Measure BB Local Streets and Roads Fund 134, Private Party Sidewalk Fund 149 and Measure T1 Fund 511 budgets.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Plans and Specifications for Specification No. 22-11504-C FY 2022 Sidewalk Repair Project are approved.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions or change orders, until completion of the project in accordance with the approved plans and specifications with Sposeto Engineering Inc. for the FY 2022 Sidewalk Repair Project, in an amount not to exceed $2,512,152.00, which includes a 10% contingency for unforeseen circumstances.

A record signature copy of said agreement and any amendments to be on file in the Office of the City Clerk.

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February 07, 2022
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Information Technology
2180 Milvia Street
Berkeley CA 94704

CITY OF BERKELEY

UNIVERSITY OF

CALIFORNIA
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CONSENT CALENDAR
June 28, 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. 102354-1 Amendment: Direct Line Tele Response for Citywide After-Hours Answering Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment for up to $200,000 to Contract No. 102354-1 with Direct Line Tele Response to provide continued customer service support after normal business hours, on weekends and holidays, for a total contract amount not to exceed $632,750, and extending the contract term through December 31, 2024.

FISCAL IMPACTS OF RECOMMENDATION
The annual estimated expenditure is $88,850 across City departments. This amount will be recommended for appropriation and subject to Council approval of the FY 2023 Annual Appropriations Ordinance. Additional funding will be made available and appropriated as needed.

Department / Fund erma Account Code Amount
Information Technology 680-35-364-000-0000-000-472-612990- $50,000 Parks, Recreation and Waterfront – Park
Tax
138-52-541-598-0000-000-461-612990- $5,000
Public Works - Measure B 130-54-621-654-0000-000-431-612990- $1,600 Public Works - Sanitary Sewer 611-54-621-654-0000-000-472-612990- $17,000 Public Works – Zero Waste – Clean City 601-54-621-654-0000-000-472-612990- $5,000 Public Works – Zero Waste 601-54-627-732-3019-000-472-612990- $3,000 Public Works – Clean Stormwater 616-54-621-654-0000-000-472-612990- $1,500 Public Works – Equipment Maintenance 672-54-626-722-0000-000-472-612990- $750 Public Works – State Transportation Tax 127-54-621-654-0000-000-412-612990- $1,500 Public Works – Building Management 636-54-624-692-0000-000-472-612990- $1,500 Public Works – Building Maintenance 673-54-624-692-0000-000-472-612990- $1,500 Planning – Unified Program (CUPA) 622-53-582-601-0000-000-474-632110- $500 Total Estimated Annual Amount $88,850

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Contract No. 102354-1 Amendment: Direct Line Tele Response CONSENT CALENDAR for Citywide After-Hours Answering Services June 28, 2022

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CURRENT SITUATION AND ITS EFFECTS
Direct Line Tele Response (Direct Line) provides after-hours answering services for Department of Public Works; Parks, Recreation and Waterfront; and Department of Planning and Development. It also provides daytime coverage to the Information Technology's 311 Customer Service Division to support staff training and development and allows staff to attend key department meetings.

After normal business hours, on weekends, and on holidays, residents and businesses continue to contact the City to report urgent requests such as sewer problems, flooding, fallen tree limbs, broken traffic signals, hazardous material situations, and other urgent impacts in the public right of way or to City Facilities. Direct Line has trained staff to receive, listen, respond, dispatch and report urgent requests to City crews. In the event of a power outage in Berkeley, they have a backup generator to support their operations. If there is an earthquake or other catastrophic event, they have remote staff in other areas of California, Arizona, and Texas that are able to support our emergency dispatch needs.

The Direct Line contract amendment is a Strategic Plan Priority Project, advancing our goal of creating a resilient, safe, connected, and prepared city.

BACKGROUND
The City issued a Request for Proposals in April 2014 and selected Direct Line Tele Response as the most responsive and qualified vendor. Direct Line Tele Response is a Berkeley-based business and is familiar with the needs of those client departments covered under this contract.

It is not cost effective for the City to provide phone coverage for the urgent calls it receives after normal business hours. The City has been using Berkeley-based Direct Line as an answering service to take calls from the public for decades. When Direct Line Tele Response receives a call, it contacts the on-call assigned City staff to respond to the request for service. Non-emergency calls are recorded, and appropriate departments notified by email the next business day.

On May 20, 2014, the City Council authorized the City Manager to enter into a contract with Direct Line Tele Response to provide these services in an amount not to exceed $75,000 (FUND$ Contract No. 9674).

On April 1, 2015 the City Manager authorized an amendment to Contract No.9674 to modify only the contract scope to provide additional services to the 311 Customer Service Center allowing staff to attend required trainings.

On April 25, 2017, the City Council authorized the City Manager to amend contract No. 9674A with Direct Line Tele Response to provide services to multiple City departments in an amount not to exceed $150,000.

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294

Contract No. 102354-1 Amendment: Direct Line Tele Response CONSENT CALENDAR for Citywide After-Hours Answering Services June 28, 2022

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On September 25, 2018, the City Council authorized the City Manager to amend contract No. 9786B with Direct Line Tele Response to increase the not to exceed amount to $282,750 and extend the contract term to December 31, 2020.

On October 27, 2020, the City Council authorized the City Manager to amend contract No. 102354-1 with Direct Line Tele Response to increase the not to exceed amount to $432,750 and extend the contract term to December 31, 2022

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Having an answering service to handle after hours calls allows City staff to respond quickly to a variety of operational needs such as hazardous materials spills, sewer problems, or other issues that could be harmful to the environment. There are no identifiable climate impacts.

RATIONALE FOR RECOMMENDATION
City staff does not currently have the capacity to provide after hours, weekend, and holiday call answering services. Direct Line Tele Response has extensive experience and has performed well during the contract term. Their services provide the City additional support during wet weather events and emergencies. They continue to upgrade their capacity and are reliable and cost effective.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Joy Brown, Public Works Operations Manager, Public Works, (510) 981-6629 Kathy Cassidy, Manager, Information Technology- 311, (510) 981-2489 Attachment:
1: Resolution

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295

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

CONTRACT NO. 102354-1 AMENDMENT: DIRECT LINE TELE RESPONSE FOR

AFTER-HOURS ANSWERING SERVICES
WHEREAS, Direct Line Tele Response has provided reliable after-hours answering services during the contract term and has been able to support the 311 Customer Service during occasional required trainings and meetings; and
WHEREAS, in 2014 the City requested proposals for Citywide answering services and Direct Line Tele Response was selected as the most qualified firm to provide these services; and
WHEREAS, on May 20, 2014, by Resolution No. 66-586 N.S., the City Council authorized Contract No. 9674 with Direct Line Tele Response for after-hours answering services, in an amount not to exceed $75,000 for the period of July 1, 2014 through June 30, 2017; and
WHEREAS, on April 25, 2017, by Resolution No.67,912 N.S., the City Council authorized the City Manager to amend contract No. 9674A with Direct Line Tele Response to provide services to multiple City departments in an amount not to exceed $150,000; and WHEREAS, on September 25, 2018, by Resolution No. 68,610 the City Council authorized the City Manager to amend contract No. 9674B with Direct Line Tele Response to provide services to multiple City departments in an amount not to exceed $282,750; and
WHEREAS, on October 27, 2020, the City Council authorized the City Manager to amend contract No. 102354-1 with Direct Line Tele Response to increase the not to exceed amount to $432,750 and extend the contract term to December 31, 2022; and WHEREAS, there is an ongoing need for an answering service to answer calls and to dispatch City staff outside routine business hours for Public Works, Parks, Recreation and Waterfront, Department of Planning & Development Toxics Management Division, and for coverage for Information Technology 311 Customer Service Division; and WHEREAS, City staff does not currently have the capacity to perform the services provided by Direct Line Tele Response; and
WHEREAS, funds have been identified from each of the participating departments and divisions with an estimated annual expenditure of $88,850 that is provided for in baseline FY 2023 budget and will be appropriated in future budgets.

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296

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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. 102354-1 with Direct Line Tele Response for after-hours answering services, and for periodic daytime coverage for 311 Customer Service, increasing the contract amount by $200,000 for a total amount not to exceed $632,750 and extending the term of the contract to December 31, 2024.

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298
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

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 10458 with Alta Planning and Design for On-Call Transportation Planning Services, increasing the contract by $150,000, for a total amount not to exceed $750,000.

FISCAL IMPACTS OF RECOMMENDATION
As on-call services are determined to be needed for various capital projects, funding will be made availale subject to appropriation in the FY 2023 Transportation Capital Budget.

Task orders will be issued only when necessary funds are available and appropriated.

Funding sources anticipated to be utilized depending on the project are the State Transportation Grants Fund (Fund 306), Measure BB Local Streets and Roads Fund (Fund 134), and Measure BB Bicycle and Pedestrian Program Fund (Fund 135).

Current contract amount $ 600,000
Contract amendment $ 150,000
Total revised not-to-exceed amount $ 750,000

CURRENT SITUATION AND ITS EFFECTS
This amendment to the Alta Planning and Design (Alta) On-Call Transportation Planning Services contract is necessary for the uninterrupted continuation of ongoing projects and programs. The not to exceed amount of the current On-Call Transportation Planning Services contract with Alta is insufficient to cover the originally-planned work and additional time-critical services necessary for the delivery of transportation planning and design projects. Pending projects include the new Bicycle Plan Update and the design of the grant-funded Parker-Mabel-Bonar bike boulevard. The Bicycle Plan is required to be updated every five years in order to maintain the City’s eligibility to compete for grant funding from the State and regional sources.

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Contract No. 10458 Amendment: Alta Planning and Design CONSENT CALENDAR June 28, 2022

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BACKGROUND
On June 28, 2016, Council authorized the City Manager to execute a contract with Alta for On-Call Transportation Planning Services for an amount not to exceed $600,000.

This culminated in Contract No. 10458, effective July 1, 2016 through June 30, 2021, with an option to extend the expiration date. This option has been exercised, resulting in a contract expiration date of June 30, 2023.

In 2020, Alta provided staff support services on time-sensitive grant-funded projects after an Associate Planner position in Public Works became vacant. In addition, Alta has been utilized to provide consultant support for the following previously unanticipated uses: the development of complex, successful grant applications for submission to the Active Transportation Program in response to calls for projects released by the California Department of Transportation, revisions to the draft 2017 Bicycle Plan in response to Council feedback, and the design of protected bicycle lanes on Adeline Street north of Ashby after this street segment was added into the City’s Street Rehabilitation Plan.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no anticipated negative environmental or climate effects of this action. The execution of this contract amendment will help ensure the successful completion of several ongoing projects including the new Bicycle Plan and the design of a bike boulevard project, which facilitate walking and cycling as alternatives to driving. This in turn promotes environmental sustainability and meets the Strategic Plan goal of providing state-of-the-art, well-maintained infrastructure, amenities, and facilities.

RATIONALE FOR RECOMMENDATION
Alta has the necessary design and project management expertise to continue work on existing projects, and they are also well-equipped to provide additional unexpected time- critical services for transportation planning and design projects.

ALTERNATIVE ACTIONS CONSIDERED
Council could choose not to amend Alta’s contract, in which case upcoming transportation projects would be delayed, resulting in the potential loss of grant funding for projects in the planning and design phase.

CONTACT PERSON
Farid Javandel, Deputy Director, Public Works Transportation, (510) 981-7061 Beth Thomas, Principal Planner, Public Works Department, (510) 981-7068 Attachments:
1: Resolution

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300
RESOLUTION NO. ##,###-N.S.

CONTRACT NO. 10458 AMENDMENT: ALTA PLANNING AND DESIGN FOR ON-CALL

TRANSPORTATION PLANNING SERVICES
WHEREAS, Council authorized the City Manager to enter into a contract with Alta Planning and Design for On-Call Transportation Planning Services for an amount not to exceed $600,000 on June 28, 2016 (Resolution No. 67,586-N.S.), and Contract No. 10458 was subsequently executed, effective July 1, 2016 to June 30, 2021; and WHEREAS, the City Manager has extended the contract expiration date to June 30, 2023 under administrative authority; and
WHEREAS, Alta Planning and Design has provided previously unanticipated staff support services that reduced their remaining contract capacity for critical transportation planning and design services; and
WHEREAS, Alta Planning and Design has the necessary planning, design, and project management expertise to continue work on existing projects and programs; and WHEREAS, an amendment to Alta Planning and Design’s On-Call Transportation Planning Services contract would allow for the uninterrupted continuation of transportation planning and project design services for time-sensitive projects and programs; and
WHEREAS, funding for this contract amendment is available in the State Transportation Grants Fund (Fund 306), Measure BB Local Streets and Roads Fund (Fund 134), and Measure BB Bicycle and Pedestrian Program Fund (Fund 135). Funding will be subject to appropriation in FY 2023 as projects arise
; and
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. 10458 with Alta Planning and Design for On-Call Transportation Planning Services, increasing the contract by $150,000, for a total amount not to exceed $750,000.

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302
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

Community Design and Architecture for On-Call Transportation Planning Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 10516 (ERMA Contract No. 114128-1) with Community Design and Architecture for On-Call Transportation Planning Services, increasing the contract by $150,000, for a total amount not to exceed $650,000.

FISCAL IMPACTS OF RECOMMENDATION
As on-call services are needed for various capital projects, funding will be made available, subject to appropriation in the FY 2023 Transportation Capital Budget. Task orders will be issued only when necessary funds are available and appropriated.

Current contract amount $ 500,000
Contract amendment $ 150,000
Total revised not-to-exceed amount $ 650,000

CURRENT SITUATION AND ITS EFFECTS
This amendment to the Community Design and Architecture (CD&A) On-Call Transportation Planning Services contract is necessary for the uninterrupted continuation of ongoing projects and programs. The not to exceed amount of the current On-Call Transportation Planning Services contract with CD&A is insufficient to cover the originally- planned work and additional time-critical services necessary for delivery of transportation planning and design projects. Pending projects include the grant-funded redesign of bus stops on University Avenue between Sacramento Street and San Pablo Avenue.

BACKGROUND
On June 28, 2016, Council authorized the City Manager to execute a contract with CD&A for On-Call Transportation Planning Services for an amount not to exceed $500,000.

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Contract No. 10516 Amendment: Community Design and Architecture CONSENT CALENDAR June 28, 2022

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This culminated in Contract No. 10516, effective July 1, 2016 through June 30, 2021 with an option to extend the expiration date. This option has been exercised, resulting in a contract expiration date of June 30, 2023.

In 2019, CD&A provided previously unanticipated staff augmentation services to complete the deployment of the Bay Wheels bicycle sharing stations after another firm that had provided these services declined to continue to provide them. In addition, CD&A has been utilized to provide consultant support for designing improvements at bus stops, which was not anticipated at the time that their on-call consulting contract was executed.

This work has increased because the California Affordable Housing and Sustainable Communities grant program utilized to fund multiple affordable housing projects in Berkeley over the past few years also requires a “Transportation Related Amenities” component. Improvements at bus stops are eligible under this component and help make the overall application more competitive, bringing the City funding both for these transportation amenities and affordable housing. CD&A is well qualified for the design work for these bus stops due to their prior experience working on design guidelines for AC Transit bus stops.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no anticipated negative environmental or climate effects of this action.

RATIONALE FOR RECOMMENDATION
CD&A has necessary design and project management expertise to continue work on existing projects, and they are also well-equipped to provide additional unexpected time- critical services for transportation planning and design projects.

ALTERNATIVE ACTIONS CONSIDERED
Council could choose not to amend CD&A’s contract, in which case upcoming transportation projects would be delayed, resulting in the potential loss of grant funding for projects in the planning and design phase.

CONTACT PERSON
Farid Javandel, Deputy Director, Public Works Transportation, (510) 981-7061 Beth Thomas, Principal Planner, Public Works Department, (510) 981-7068 Attachments:
1: Resolution

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

CONTRACT NO. 10516 (ERMA Contract No. 114128-1) AMENDMENT: COMMUNITY

DESIGN AND ARCHITECTURE FOR ON-CALL TRANSPORTATION PLANNING

SERVICES
WHEREAS, Council authorized the City Manager to enter into a contract with Community Design and Architecture for On-Call Transportation Planning Services for an amount not to exceed $500,000 on June 28, 2016 (Resolution No. 67,586-N.S.), and Contract No. 10458 was subsequently executed, effective July 1, 2016 to June 30, 2021; and WHEREAS, the City Manager has extended the contract expiration date to June 30, 2023 under her administrative authority; and
WHEREAS, Community Design and Architecture has provided previously unanticipated staff augmentation services that reduced their remaining contract capacity for critical transportation planning and design services; and
WHEREAS, Community Design and Architecture has necessary planning, design, and project management expertise to continue work on existing projects and programs; and WHEREAS, an amendment to Community Design and Architecture’s On-Call Transportation Planning Services contract would allow for the uninterrupted continuation of transportation planning and project design services for time-sensitive projects and programs; and
WHEREAS, funding will be made available subject to appropriation in the FY 2023 Transportation Capital Budget as
services are needed; and
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. 1 (ERMA Contract No. 114128-1) with Community Design and Architecture for On-Call Transportation Planning Services, increasing the contract by $150,000, for a total amount not to exceed $650,000.

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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 28, 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. 117563-1 Amendment: Clean Harbors, Inc. for Hazardous Waste Management Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract amendment with Clean Harbors, Inc. for hazardous waste management, removal, and disposal services for the City of Berkeley increasing the contract amount by $200,000 for a new not to exceed amount of $650,000 and extend the contract term through June 30, 2024.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this contract amendment is anticipated to be supported by various funding sources. Funds in the amount of $135,500 will be recommended for appropriation and subject to Council approval of the FY 2023 Annual Appropriations Ordinance. Additional funding will be made available and appropriated as needed for services.

Department / Fund ERMA Account Code Amount
Public Works – Zero Waste 601-54-624-693-0000-000-472-613910- $65,000 Public Works – General Fund 011-54-624-693-0000-000-412-613910- $22,000 Public Works – Building Maint. 673-54-624-693-0000-000-472-613910- $9,000 Public Works – Equip. Maint. 672-54-626-722-0000-000-472-613910- $30,000 Public Works – State Transp. Tax 127-54-622-664-0000-000-431-613910- $1,000 Library – Library Tax 101-54-624-693-0000-000-463-613910- $2,000 Parks, Recreation and Waterfront 608-52-544-592-0000-000-472-613910- $6,500 Available Budgeted Amount $135,500

CURRENT SITUATION AND ITS EFFECTS
Clean Harbors, Inc. and its subsidiary Safety-Kleen (which focuses on used oil collection and recycling) remove hazardous waste generated or illegally disposed of at the City’s Solid Waste Management Center and Transfer Station (Transfer Station), Corporation Yard, and Marina. In addition, Clean Harbors responds to hazardous material emergencies that exceed the Berkeley Fire Department and Hazardous Materials Response Team’s capabilities to remove and dispose of such materials located on City property. Services provided under this contract include classification,

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Contract No. 117563-1 Amendment: Clean Harbors, Inc. CONSENT CALENDAR for Hazardous Waste Management Services June 28, 2022

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packaging, recycling, treatment, and disposal of hazardous and universal waste abandoned in and generated by the City. This contract also provides for emergency response, clean up and disposal services for accidental hazardous substance releases including waterfront responses if necessary. Clean Harbors, Inc. has a proven track record with the City for providing continuously professional and reliable disposal services of hazardous waste responsibly.

For these much needed services to continue, City staff recommends amending the exsiting contract with Clean Harbors, Inc. by increasing the contract amount by $200,000 for a new not-to-exceed amount of $650,000 and extending the contract term through June 30, 2024.

The Clean Harbors, Inc. contract amendment supports the Strategic Plan Priority of providing state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
The City generates hazardous waste occasionally through its routine business processes including vehicle, street, and building maintenance. Additionally, hazardous waste is occasionally abandoned or spilled onto city streets thus posing a risk to the public. The City must have access to the services of a licensed hazardous waste contractor compliant with all federal, state, and local regulations, who is available to provide services to mitigate these risks, as well as the protection afforded by a full- service hazardous waste firm for the cleanup of potentially large, highly toxic or more complex hazardous waste cleanup efforts.

In July 2017, City Council authorized the City Manager, by Resolution No. 68,089-N.S., to enter into contract with Clean Harbors, Inc. to provide treatment and disposal of hazardous and universal waste services. This contract was amended by Resolution 69,356-N.S., extending services through June 30, 2022.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Clean Harbors, Inc. is required to dispose of hazardous waste following the most stringent environmental and safe practices and regulations. Clean Harbors, Inc. has been a proven partner with the City to dispose of hazardous waste responsibly, thereby minimizing the potential for accidental release of such materials. In addition, they can assist the City in the event of an emergency event including response to incidents in the Marina.

RATIONALE FOR RECOMMENDATION
The City is required to have a permitted transporter and disposal company for hazardous waste. Clean Harbors has consistently provided excellent services for the City.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered.

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Contract No. 117563-1 Amendment: Clean Harbors, Inc. CONSENT CALENDAR for Hazardous Waste Management Services June 28, 2022

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CONTACT PERSON
Joy Brown, Public Works Operations Manager, Public Works, (510) 981-6629 Attachment:
1: Resolution

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

CONTRACT NO. 117563-1 AMENDMENT: CLEAN HARBORS, INC. FOR

HAZARDOUS WASTE MANAGEMENT SERVICES
WHEREAS, on March 17, 2017, the City requested proposals (Spec. No. 17-11112-C) for hazardous waste management and Clean Harbors, Inc. was selected as the most qualified, responsive, and competitive firm to provide these services; and WHEREAS, on July 11, 2017, by Resolution No. 68,089-N.S. City Council authorized the City Manager to enter into a contract with Clean Harbors, Inc. in an amount not to exceed $150,000 through June 30, 2020; and
WHEREAS, on April 14, 2020, by Resolution 69,356-N.S. City Council authorized the City Manager to amend the contract with Clean Harbors, Inc. for a new not to exceed amount of $450,000 and extend the contract through June 30, 2022; and WHEREAS, the City generates hazardous waste through its routine business processes including vehicle, street, and building maintenance; WHEREAS, hazardous waste is sometimes abandoned or spilled into the City right of way posing a risk to the public; and
WHEREAS, hazardous waste must be properly managed, recycled and disposed of, and Clean Harbors has an excellent reputation of providing these services; and WHEREAS, funds have been identified from each participating department and division subject to appropriation.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract amendment with Clean Harbors, Inc. including its subsidiary Safety-Kleen for as-needed hazardous waste management, removal, recycling, treatment and disposal services in an amount not to exceed $650,000 and extend the contract 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.ci.berkeley.ca.us/manager

CONSENT CALENDAR
June 28, 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. 108007-1 Amendment: Don’s Tire Service, Inc. for Tire Repair Services for City Fleet Vehicles

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 108007-1 with Don’s Tire Services, Inc. for repair and replacement services for automobile and truck tires for City of Berkeley fleet vehicles for an additional $150,000, for a new total not to exceed $423,534, and extend the authorized term through June 30, 2024.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this contract amendment in the amount of $150,000 is available in the FY 2022 Equipment Maintenance Fund.

Original contract amount.............................................................................150,000 Previous Amendment..................................................................................123,534 This amendment 150,000
New total not-to-exceed amount $423,534

CURRENT SITUATION AND ITS EFFECT
The Equipment Maintenance Division needs additional spending authority in contract No. 108007-1 to pay for ongoing tire repair and replacement services for automobile and truck tires. The spending limit authorized by City Council (Resolution No. 69,613 – N.S.) has been reached.

BACKGROUND
On May 14, 2015, Public Works released a Request for Proposals (RFP specification no. 15-10942-C) for tire repair service. Two proposals were received, Equipment Maintenance and General Services staff reviewed the proposals and determined Don’s Tire Service, Inc. was the most responsive and responsible proposer that met the specifications.

Don’s Tires provides a wide variety of tire services including heavy-duty tire balancing and installations, road tire service, and service of our undercover Police vehicles. In addition, they are able to supply tires in an emergency if the City’s other contracted

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vendor, Bruce’s Tires, is unable to. This redundancy is critical to support emergency vehicles and our Zero Waste Division.

Don’s Tire has provided cost-effective and reliable automobile and truck tire repair and replacement services for City of Berkeley fleet vehicles since September 2015.

ENVIRONMENTAL SUSTAINABILITY
Don’s Tire Service, Inc. eliminates tire and parts waste by following Environmental Protection Agency guidelines to properly dispose of and recycle used and scrap tires, waste oil, oil filters, and old wheel weights, in keeping with the City of Berkeley’s Zero Waste goal.

RATIONALE FOR RECOMMENDATION
Don’s Tires has provided quality services under the terms of their agreement and is needed to ensure the City’s fleet vehicles are serviced in a timely fashion should the other contracted vendor be unable to provide immediate service. Additionally, they are a Berkeley-based business located in close proximity to the City’s heavy-duty maintenance shop at the Transfer Station.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

CONTRACT NO. 108007-1 AMENDMENT: DON’S TIRE SERVICES, INC. FOR TIRE

REPAIR SERVICES FOR CITY FLEET VEHICLES
WHEREAS, On September 15, 2015, the City Council adopted Resolution No. 67,196- N.S., authorizing repair services for automobile and truck tires for City of Berkeley fleet vehicles, and
WHEREAS, on November 17, 2020, the City Council adopted Resolution No. 69,613- N.S. to extend the contract and increase the spending authority to $273,534; and WHEREAS, the authorized spending authority and term of the contract has reached its limit; and
WHEREAS, the specialized services of Don’s Tires are needed to support the City’s fleet and emergency response, and is a Berkeley based business; and WHEREAS; Funding for this contract amendment in the amount of $150,000 is currently available in the FY 2022 Equipment Maintenance Fund 672.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract amendment with Don’s Tire Services to increase the contract amount by $150,000 for a new total not to exceed of $423,534, and extend the 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
June 28, 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 Amendment: East Bay Municipal Utilities District (EBMUD) for Sanitary Sewer Charge and Billing Collection

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend the agreement (Contract 9735) with East Bay Municipal Utility District (EBMUD) to administer a Customer Assistance Program (CAP) which is an expanded discount program for qualifying City of Berkeley sanitary sewer customers. Eligible customers under the CAP program will receive a 35% discount on their sewer charges.

FISCAL IMPACTS OF RECOMMENDATION
There is no new cost to the Sanitary Sewer Fund for this program. EBMUD currently administers Sanitary Sewer Billing for the City of Berkeley via residential and commercial customer’s water bills and will administer this program discount at no additional charge to the City of Berkeley. As the discount program is being administered to a rate governed by California’s Proposition 218, the amount discounted must be made whole by local funds. The annual discount is estimated to be $55,000 and initial funding in the General Fund was established in the FY 2022 budget to fund this program. This allocation will be requested to be carried forward into the FY 2023 Budget. Ongoing funding for FY 2024 and beyond will be requested for appropriation in future year fiscal budgets.

CURRENT SITUATION AND ITS EFFECTS
EBMUD has a Customer Assistance Program (CAP) with the goal of providing discounts to qualifying low-income residents for municipal water and wastewater treatment services.

Since EBMUD already administers billing for the City of Berkeley’s Sanitary Sewer Charges, they are offering to apply the CAP discounts to Berkeley sewer customers as well, beginning in FY 2023. Qualification for the CAP follows Housing and Urban Development (HUD) income guidelines for qualifying max gross household income. The CAP limits increase based on the number of persons in a household. A 35 percent discount would be applied to Berkeley’s sanitary sewer charges collected on EBMUD’s bills for eligible CAP accounts. Customer participation is valid for two years. To continue assistance, applicants must reapply after two years.

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The rate of discount can be adjusted, however, staff recommends 35%, which is similar to other agencies participating in the CAP program in the region, and limits the General Fund’s obligation to repay the Sanitary Sewer Fund. EBMUD has estimated that over 430 accounts would be eligible to enroll. Currently, the City’s Very Low Income (VLI) refund program supports on average 40 customers a year.

BACKGROUND
EBMUD has provided the City with sewer service charge billing and collection services for over 20 years. On August 25, 1981, Council authorized the City Manager to enter into a 10-year agreement with EBMUD to perform sewer service fee billing and collection services (Resolution 50,821-N.S.). On October 28, 1997, Council authorized the City Manager to enter into another 10-year agreement with EBMUD (Resolution # 59,236-N.S.) for sewer charge billing and collection services, and on May 22, 2007 Council authorized the City Manager to extend the agreement by three years (Resolution 63,698-N.S.). The 1997 10-year agreement expanded the services provided by EBMUD to include the billing and collection of sewer service fees from residential customers based upon their water consumption. On April 27, 2010, Council authorized the City Manager to extend the sewer service billing and collection agreement by three years (Resolution 64,850-N.S) and on June 4, 2013, Council entered into a new 10-year agreement with EBMUD for sanitary sewer billing and collection through June 30, 2023 (Resolution 64,184-N.S) Collecting sewer fees via the EBMUD bills result in a steady revenue stream with EBMUD remitting monthly the sewer fees they collect on the City's behalf.

The City currently administers its own Very Low Income (VLI) exemption program for certain customers for various local taxes and fees, including Sewer, Clean Storm, Fire, Library and Parks Landscape. In FY 2022, Berkeley’s program includes households with an annual gross income of $54,800 or less and the annual threshold is dependent on the Housing and Urban Development (HUD) VLI limits for 1-2 persons in a household. The VLI program provides a 100% refund to eligible claims filed within one year of payment of fees. In recent years, the City has averaged 40 approved requests, totaling a citywide annual average refund of $13,000. Inclusion in EBMUD’s CAP program does not preclude Berkeley qualifying customers from applying for the City administered VLI full waiver.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental impacts associated with this agreement. This agreement amendment implements a modification to an existing administrative billing program and has no inherent environmental sustainability or climate impacts.

RATIONALE FOR RECOMMENDATION
If adopted, this amendment will expand the reach of the discount program offered to City of Berkeley sewer customers. EBMUD would administer the CAP program and continue to administer the billing to sewer customers as it has for 40 years, with no additional administrative cost to the City.

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Contract Amendment for Sanitary Sewer Charges and Billing Collection CONSENT CALENDAR with East Bay Municipal Utility District (EBMUD) June 28, 2022

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ALTERNATIVE ACTIONS CONSIDERED
The City could not join EBMUD’s CAP program and keep its current system of very low- income discount, which is available to a smaller qualifying segment of Berkeley residents.

Viable alternatives to using EBMUD as the City’s service provider for billing and collecting sewer fees do not exist at this time since an alternate billing and collection solution would have to be established, including adding City staff to administer.

CONTACT PERSON
Sean O’Shea, Administrative and Fiscal Services Manager, Public Works, (510) 981- 6306
Attachments:
1: Resolution
2: Contract Agreement

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

CONTRACT AMENDMENT #9735: EAST BAY MUNICIPAL UTILITIES DISTRICT (EBMUD) FOR SANITARY SEWER CHARGE AND BILLING COLLECTION WHEREAS, the East Bay Municipal Utility District (EBMUD) has provided the City with sewer service charges billing and collection for over 40 years; and WHEREAS, on June 4, 2013, Council passed Resolution 66,184-N.S, which approved a new 10 year agreement with EBMUD to continue to provide sewer charges billing and collection through June 30, 2023; and
WHEREAS, the City of Berkeley (Agency) and East Bay Municipal Utility District (District) entered into that certain Sewer Agency Charge and Billing Collection Agreement dated July 1, 2013 (Contract #9735). Except as otherwise defined, terms in this Amendment shall have the same meanings as in the agreement; and
WHEREAS, the District offers a Customer Assistance Program ("CAP"), pursuant to Public Utilities Code Section 12811.2, which provides temporary financial assistance to eligible customers of the District in the form of temporarily discounted water and wastewater rates; and
WHEREAS, the Customer Assistance Program ("CAP") is effective on July 1, 2022, the Agency will offer its residents, who are eligible for the District's CAP, temporary financial assistance in the form of temporarily discounted rates for sewer service provided by the Agency; and
WHEREAS, both parties wish to amend the term of the Agreement to extend the contract expiration date to June 30, 2023, under administrative authority.; NOW, THEREFORE, in consideration of the premises set forth above and other good and valuable considerations, the parties hereby agree to amend the Agreement as follows:

1. Create a new Section 2.6(f) to the Agreement as follows and re-number subsequent sections accordingly:

2.6 (f) Customer Assistance Program for Agency Customers. The Agency provides a Customer Assistance Program ("the Agency's CAP") for its residents.

The Agency's CAP shall be administered by the District in the same manner as the District administers the District's CAP.
i. Eligibility for the Agency's CAP. Agency Customers who are eligible to participate in the District's CAP shall be eligible to participate in the Agency's CAP. "CAP Account" shall mean an account of an Agency and

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District customer who has established eligibility for both the Agency's and the District's CAP.
ii. Effective immediately upon the execution of this addendum by both parties, the Agency sewer service charge displayed on the District's water bill for each CAP Account shall be sixty-five percent (65%) of the Agency's sewer service charge for the premises. Under the Agency's CAP, sewer rates for eligible residents shall be temporarily discounted at thirty-five percent (35%).

2. Section 2.10 Payments to the Agency of the Agreement shall be amended as follows:

Except as otherwise provided in this Agreement, the District shall remit monthly to the Agency the amount of its sewer service charges collected by the District, including the amount collected by the District for CAP Accounts. The District will also provide to the Agency a monthly summary of the total amount billed, collected, credited, and written off by the District pursuant to this Agreement.

3. Section 2.11 District Right to Terminate Water Service of the Agreement shall be amended as follows:

A. It is understood and agreed that this Agreement shall in no way restrict or limit the District’s right to interrupt water service for nonpayment of billed charges or other permissible reasons. The parties expressly agree that the District shall have no liability whatsoever for any reduction in sewer service charge revenue due to an interruption of water service or non-payment by the customer.

4. It is understood and agreed that this Amendment is conditioned upon the appropriation of sufficient monies by the City of Berkeley to fund the program. The Agency or District may terminate this Amendment and Agreement for the non- appropriation of sufficient funds by the City of Berkeley.

5. As soon as possible after the execution of this Amendment, the District and the City of Berkeley commit to working in good faith to negotiate a ten (10) year extension of the Sewer Agency Charge Billing and Collection Agreement. The renewal of the Agreement shall be conditioned upon the City of Berkeley’s implementation of the intended goal of ensuring sufficient funds to provide a thirty- five percent discount on the sewer service charge to residents eligible for CAP.

The parties mutually agree that if the parties do not agree to extend the Agreement by June 30, 2023, this Amendment shall terminate effective July 1, 2023.

Termination of this Amendment shall relieve the parties of any obligations set forth in this Amendment that must be satisfied after June 30, 2023.

6. Except as specifically amended hereby, the Agreement remains in full force and effect in accordance with the terms thereof.

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NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend the agreement with East Bay Municipal Utility District (EBMUD) to administer a Customer Assistance Program (CAP) which is an expanded discount program for qualifying City of Berkeley sanitary sewer customers.

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SEWER AGENCY CHARGE BILLING AND COLLECTION AGREEMENT

THIS AGREEMENT, made and entered into this _______th day of _______, _______ by and between the CITY OF BERKELEY, a municipal corporation, herein after called “the Agency”, and the EAST BAY MUNICIPAL UTILITY DISTRICT, a public agency organized and existing under the law of the State of California, hereinafter called “the District”, supersedes any and all other previous Sewer Agency Billing and Collection Agreements between the Agency and the District;

WITNESSETH:

1. General Provisions

1.1. Purpose of Agreement. The City Council of the Agency has adopted its Ordinance No. _______ hereinafter referred to as “the Ordinance”, establishing sewer service charges for the user of sewer facilities owned and operated by the Agency, and for the purpose of facilitating the billing and collection of such charges. The Agency has requested that the District bill and collect the Agency’s charges for such sewer service, and the District is willing to perform such billing and collection subject to the terms and conditions set forth herein.

1.2. Term of Agreement. The District will bill and collect the Agency’s sewer service charge pursuant to the terms of this Agreement until June 30, 2023 unless otherwise terminated as provided in paragraph 1.5.

1.3. Supervision and Control by the District. The District shall have sole and exclusive supervision and control over its operations under this Agreement, including but not limited to the method of preparing the District bills and making the collections thereunder; the selection, design and use of forms and changes thereto; and the selection and use of data processing equipment and office machinery by the District in the performance of this Agreement. The District's decisions with respect to any and all aspects of its billing and collection operations shall be final and conclusive. The Agency agrees that the District may make changes in its billing and collection procedures during the term of this Agreement, and in the equipment required therefor. The Agency further agrees that the payments to be made by the Agency pursuant to the terms of this Agreement may include a proportionate share of the costs of such changes as illustrated by the shared cost billing and collection formula (Exhibit A).

1.4. Communications. All requests by the Agency to add, delete, modify or in any way change its sewer service charges or to obtain information concerning individual accounts or groups of accounts or any other data shall be made in writing to the Secretary of the District, or to such other person designated by the District, and signed by the Agency's liaison (see paragraph 3. 2).
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1.5. Termination of Agreement. This Agreement may be terminated at any time by either party hereto upon: 1) the District giving the Agency at least twelve (12) months written notice of such termination; or 2) the Agency giving the District at least ninety (90) days written notice of such termination. Termination of this Agreement shall not affect the Agency's liability, as provided herein, to pay the cost of services which have been rendered by the District pursuant to the terms of this Agreement; however, after notice of termination is given by Agency as provided herein, no costs incurred by the District for upgrades or changes in equipment, software, personnel or procedures that occur subsequent to such notification shall be assessed or billed to the Agency.

2. Services and Facilities to be Furnished by the District

2.1. Billing and Collection Services Provided.. The District agrees to furnish the labor, services, materials and equipment required to program its customer billing system (including testing and installation) to provide for billing and collection of the Agency's sewer charge, including: 1) identification of the Agency's sewer service charge on the District water bills; 2) collection of same with said water bills; 3) identification of collections relating to said charge; and 4) remittance to the Agency of the cash collection from the Agency's sewer service charge billing, adjusted for debits and credits allowed by this Agreement.

2.2. Requests for Sewer Service Charge Rate and Structural Changes

a. Frequency of Requests. The District agrees to implement either one sewer service charge rate change or one sewer service charge structural change per calendar year (see paragraph 2. 2.ci,ii). Although the Agency may request other rate or structural changes, it is wholly within the District's discretion to determine whether to implement the Agency's request unless the rate and/or structural change is mandated by court or legislative action. If any change is requested as a result of court order or other legal mandate, Agency shall identify the mandate and any legally mandated compliance date(s) and provide supporting documentation to the District. Agency requests to implement such mandated rate and/or structural changes shall conform to the requirements set forth in 2. 2.b, including the applicable period specified therein to effect such changes.

b. Form of Requests. All requests for rate and structural changes shall be submitted on the Sewer Service Charges and Rates Request Form attached hereto as Exhibit B.

The Agency shall submit the required information to effect a rate change sixty (60) days prior to the beginning date of the bill period for which the new rate will apply.

The sixty day period shall commence upon receipt of a revised Sewer Service Charges and Rates Request Form that is complete, correct and acceptable to the District. The Agency shall submit the required information on the same form to effect a structural change six (6) months prior to implementation of said change.

The six month period shall commence upon payment by the Agency of the deposit described below.
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c. Charges to Process Requests. Charges to process any rate or structural change shall be in addition to other charges set forth in this Agreement and shall be based upon the actual costs to process and implement the change.

i. Rate Changes. Rate changes are changes only in the rates (dollar value) applied to existing billing structure. (Examples: change metered rate from $1.00 per ccuft to $1.50 per ccuft, flat charge from $10 per billing period to $15 per billing period, etc.) For requested rate changes, the District will provide to the Agency an estimate of the cost to implement the rate change within thirty (30) days of the Agency's request therefor. The Agency understands and agrees that the actual cost to implement the rate change could exceed the District's estimate and further agrees to pay said actual costs within thirty (30) days of receipt of the District's invoice therefor.

ii. Structural Changes. Structural changes are changes in the manner in which the accounts are billed. (Examples: change flat charge to volume charge, add minimum or maximum charge, etc.) For requested structural changes, the Agency agrees to deposit with the District a sum equal to fifty percent (50%) of the District's estimated cost to implement the structural change prior to the District commencing performance of the work related thereto. The Agency understands and agrees that the actual cost to implement the structural change could exceed the District's estimate and further agrees to pay said actual costs, less the Agency's deposit, within thirty (30) days of receipt of the District's invoice therefor. The District agrees to refund any of the Agency's deposit funds that the District determines to be unexpended in the implementation of the structural change.

2.3. Delayed Implementation of Requests. Upon written notice to the Agency, the District may delay, for a period not to exceed sixty (60) days, implementation of any requested change in the sewer service charges if the District determines that such delay is necessary to facilitate the District's operations. The District will notify the Agency within 15 days of making a decision if a delay in implementation is required. The notice will include an estimate of the duration of the delay. The Agency understands that revenue anticipated by the Agency as a result of the change in its sewer service charge will not be billed by the District during the period of delay. The Agency expressly agrees that the District shall have no responsibility or liability with respect to such anticipated revenue.

2.4. Billing and Collection. For purposes of billing and collection of the Agency’s sewer service charge, the District agrees to furnish the labor, services, materials, and equipment required for billing, collection, maintenance of customers’ records, and customer contact on new services, account closings, allowance and adjustments.

Materials so furnished by the District will include the prepared bills, mailing envelopes, postage, and enclosed return envelopes. Equipment to be furnished and used by the District in billing for its own water and sewage disposal accounts. 3

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2.5. Method of Billing and Collection. The system used to bill, record and collect the Agency's sewer service charge will conform to the District's system, policies and procedures for the handling of its own accounts. In particular, and without limiting the generality of the foregoing, the following shall apply to billing and collection of the Agency's sewer service charges:

a. The Agency’s sewer service charge will be billed on the same bimonthly or monthly basis as the related District accounts.

b. Interest and penalties or other delinquent charges, if any, imposed by the Agency in connection with its sewer service charge shall not be billed or collected by the District.

c. The District’s collection routines, including bill extensions and date of write-offs shall be used in connection with the Agency’s sewer service charge. In the event of account write-offs, the District will furnish to the Agency information regarding the amount of revenue written-off, and the accounts will be handled by the District’s collection agent. The Agency agrees not to pursue any collection activity on written- off accounts.

d. The District will make allowances and revenue adjustments in the Agency’s sewer service charge in accordance with its practices for the District accounts.

e. Partial payments will be allocated between the Agency and the District in proportion to the amount of the charges billed.

f. The District will collect Agency revenues only on accounts which the District bills through its regular billing process.

g. The District will adjust the cash collection remitted to the Agency to account for such items as returned checks, erroneous applications and accounting adjustments.

2.6. Sewer Service Charges to be Billed and Collected. The District agrees to bill and collect only the Agency's sewer service and/or sewage treatment charge for each customer served by the Agency in whose name a monthly or bimonthly charge for water will be made by the District for its own account. Such billed charges will be in the respective amounts specified by the Agency's Sewer Service Charges and Rates Request Form, attached hereto as Exhibit B and incorporated herein by this reference. The District agrees to provide one (1) line on its water bill for such Agency sewer service charges.

a. The Agency's sewer service charges may be structured to bill either by metered water use or by flat rate according to Business Classification Code (BCC). In no case shall the District bill tiered Agency sewer service charge rates. In no case shall the District bill individual sewer service charges for specific accounts that would otherwise be billed according to the District's Business Classification Code (BCC) of said accounts.

b. The Agency agrees to use the District's standard system of rate codes. 4

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Berkeley City CouncilJune 28, 2022

Berkeley City Council
June 28, 2022