Berkeley City Council
July 26, 2022

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

CONTRACT NO. 088999-1 AMENDMENT: CENTER FOR INDEPENDENT LIVING

FOR TRAUMA SUPPORT SERVICES FOR OLDER ADULTS
WHEREAS, the City’s Department of Health, Housing and Community Services, Mental Health Division, currently receives Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) Funds on an annual basis to improve early access to services and programs; including the reduction of stigma and discrimination; and for strategies to prevent mental illness from becoming severe and disabling; and WHEREAS, the Mental Health Division works in partnership with community-based agencies and the Berkeley Unified School District in the provision of such services and supports; and
WHEREAS, pursuant to the City of Berkeley’s Mental Health Services Act Approved Prevention and Early Intervention Plan, funds are to be allocated to support the successful implementation of trauma supports for underserved populations; and WHEREAS, one of the underserved populations in Berkeley are Older Adults; and WHEREAS, in April 2010, bid Specification No. 10-10508-C was issued for proposals targeting trauma exposed older adults and/or those in need of coping strategies for stress related issues and Center for Independent Living was determined to be the chosen bidder; and
WHEREAS, on April 26, 2011 by Resolution No. 65,237-N.S., City Council authorized a contract with Center for Independent Living to provide mental health services and supports for older adults in an amount not to exceed $26,520 for the period of February 1, 2011 through June 30, 2011; and
WHEREAS, from July 19, 2011 by Resolution No. 65,395-N.S., City Council authorized an amendment to Contract No. 8648 with Center for Independent Living to increase the amount by $26,520 for a total contract mount not to exceed $53,040, and to extend the Term to June 30, 2012; and
WHEREAS, Contract No. 8648 expired before the approved amendment was executed, and a new Contract No. 8801 was executed by the City Manager with Center for Independent Living for the amount of $26,520 for the term July 1, 2011 through June 30, 2012; and
WHEREAS, the City Council authorized amendments to Contract 8801G each year from June 2012 through June 2019 for a total contract amount not to exceed $224,538; and WHEREAS, Contract 8801G became ERMA Contract No. 088999-1; and

WHEREAS, on July 23, 2019 by Resolution No. 69,036-N.S., City Council authorized an amendment to ERMA Contract No. 088999-1 with Center for Independent Living to increase the amount by $32,046 for a total amount not to exceed $256, 584 and to extend the term to June 30, 2020; and
WHEREAS, on June 30, 2020 by Resolution No. 69,468-N.S., City Council authorized an amendment to ERMA Contract No. 088999-1 with Center for Independent Living to increase the amount by $24,035 for a total amount not to exceed $280,619 and to extend the term to March 31, 2021; and
WHEREAS, on December 1, 2020 by Resolution No. 69,620-N.S., the City Council approved the MHSA FY20/21 – 22/23 Three Year Program and Expenditure Plan, which continued the allocation of PEI funds for Trauma Support Services for the Older Adult population; and
WHEREAS, per the City Council approved MHSA FY20/21 – 22/23 Three Year Program and Expenditure Plan a Request for Proposal (RFP) process was included to be executed for these Trauma Support Services for Older Adults, which had been provided by the Center for Independent Living over a period of time; and WHEREAS, on March 30, 2021 by Resolution No. 69,768-N.S., City Council authorized an amendment to ERMA Contract No. 088999-1 with Center for Independent Living to increase the amount by $8,011 for a total not to exceed amount $288,830 and to extend the term to June 30, 2021; and
WHEREAS, the additional funding and extension of the current contract to June 30, 2021, was to enable the time to execute the RFP and contracting processes and to provide service coverage for individual participants, in the event there was a change in contractors following the RFP process; and
WHEREAS, in March 2021 per Bid Specification number 21-11432, an RFP was issued and the Center for Independent Living submitted a proposal; and WHEREAS, following proposal review and rating from a panel of reviewers which included a community member, the Center for Independent Living was the chosen vendor to continue implementing these services in Berkeley; and WHEREAS, on July 27, 2021, by Resolution No. 69,976-N.S., City Council authorized an amendment to ERMA Contract No. 088999-1 with Center for Independent Living to increase the amount by $31,846 for a total amount not to exceed $320,676 and to extend the term to June 30, 2022; and
WHEREAS, funds are available in the FY23 budget in the Mental Health Services Act Fund, budget code: 315-51-503-526-2016-000-451-636110.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to execute an amendment to Contract No. 088999-1 with Center for Independent Living to provide mental health services and supports for Older Adults, to increase the contract amount by $32,046 for a total contract amount not to exceed $352,722 and to extend the term to June 30, 2023. A record signature copy of said contract and any amendments to be on file in the City Clerk Department.

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

CONTRACT NO. 052129-1 AMENDMENT: PACIFIC CENTER FOR HUMAN GROWTH TO PROVIDE MENTAL HEALTH SERVICES AND SUPPORTS FOR LGBTQIA+

INDIVIDUALS
WHEREAS, the City’s Department of Health, Housing and Community Services, Mental Health Division, currently receives Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) Funds on an annual basis to improve early access to services and programs; including the reduction of stigma and discrimination; and for strategies to prevent mental illness from becoming severe and disabling; and WHEREAS, the Mental Health Division works in partnership with community-based agencies and the Berkeley Unified School District in the provision of such services and supports; and
WHEREAS, pursuant to the City of Berkeley’s Mental Health Services Act approved Prevention and Early Intervention Plan, funds are to be allocated to support the successful implementation of trauma supports for underserved populations; and WHEREAS, one of the underserved populations in Berkeley are individuals who identify as Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, Agender, Plus (LGBTQIA+); and
WHEREAS, in April 2010, Bid Specification No. 10-10508-C was issued for proposals targeting trauma exposed individuals in underserved populations and Pacific Center for Human Growth who provides services to the LGBTQIA+ population was determined to be the most responsible bidder; and
WHEREAS, on December 6, 2010, City Council authorized Contract No. 8516 with Pacific Center for Human Growth to provide mental health services and supports to LGBTQIA+ individuals who are suffering from the impact of oppression, trauma, and other life stressors in an amount not to exceed $26,520 for the period of November 1, 2010 through June 30, 2011; and
WHEREAS, the City Council authorized amendments to Contract 8516 each year from June 2011 through July 2019 for a total contract amount not to exceed $283,104; and WHEREAS, Contract No. 8516(I) became ERMA Contract No. 052129-1; and WHEREAS, on June 30, 2020 by Resolution No. 69,469-N.S., City Council authorized an amendment to ERMA Contract No. 052129-1 with Pacific Center for Human Growth to increase the amount by $24,035 for a total amount not to exceed $307,139 and to extend the term to March 31, 2021; and

WHEREAS, on December 1, 2020 by Resolution No. 69,620-N.S., the City Council approved the MHSA FY20/21 – 22/23 Three Year Program and Expenditure Plan, which continued and increased the allocation of PEI Funds for Trauma Support Services for the LGBTQIA+ population; and
WHEREAS, per the City Council approved MHSA FY20/21 – 22/23 Three Year Program and Expenditure Plan a Request for Proposal (RFP) process was included to be executed for these Trauma Support Services for LGBTQIA+ individuals, which had been provided by the Pacific Center for Human Growth over a period of time; and WHEREAS, on March 30, 2021 by Resolution No. 69,769-N.S., City Council authorized an amendment to ERMA Contract No. 052129-1 with Pacific Center for Human Growth to increase the amount by $8,011 for a total amount not to exceed $315,150 and to extend the term to June 30, 2021; and
WHEREAS, the additional funding and extension of the contract to June 30, 2021, was to enable the time to execute the RFP and contracting processes and to provide service coverage for individual participants, in the event there was a change in contractors following the RFP process; and
WHEREAS, in March 2021 per Bid Specification No. 21-11430-C, and RFP was issued and Pacific Center for Human Growth submitted a proposal; and WHEREAS, following proposal review and rating from a panel of reviewers which included a community member, the Pacific Center for Human Growth was the chosen vendor to continue implementing these services in Berkeley; and WHEREAS, on July 27, 2021 per Resolution No. 69,975-N.S., City Council authorized an amendment to ERMA Contract No. 052129-1 with Pacific Center for Human Growth to increase the amount by $100,000 for a total amount not to exceed $415,150 and to extend the term to June 30, 2022; and
WHEREAS, funds are available in the FY23 budget in the Mental Health Services Act Fund, budget code: 315-51-503-526-2016-000-451-636110.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to execute an amendment to Contract No. 052129-1 with Pacific Center for Human Growth to provide mental health services and supports for LGBTQIA+ Individuals, to increase the contract amount by $100,000 for a total contract amount not to exceed $515,150 and to extend the term to June 30, 2023.

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

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

CONTRACT NO. 32200146 AMENDMENT: ONTRACK PROGRAM RESOURCES INC., FOR SUPPORT SERVICES FOR AFRICAN AMERICANS
WHEREAS, the City’s Department of Health, Housing and Community Services, Mental Health Division, currently receives Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) Funds on an annual basis to improve early access to services and programs; including the reduction of stigma and discrimination; and for strategies to prevent mental illness from becoming severe and disabling; and WHEREAS, in order to utilize MHSA Funds, stakeholder informed Three Year Program and Expenditure Plans and Annual Updates that outline how funds will be utilized are required to be developed and locally approved; and
WHEREAS, the Mental Health Division works in partnership with community-based agencies and the Berkeley Unified School District in the provision of such services and supports; and
WHEREAS, since the initial MHSA PEI Plan, funds have been allocated for support services for the African American population; and
WHEREAS, these support services for African Americans were previously implemented by the same community partner over a period of time; and WHEREAS, on December 1, 2020 by Resolution No. 69,620-N.S., the City Council approved the MHSA FY20/21 – 22/23 Three Year Program and Expenditure Plan, which continued and increased the allocation of PEI Funds for support services for the African American population; and
WHEREAS, per the City Council approved MHSA FY20/21 – 22/23 Three Year Program and Expenditure Plan a Request for Proposal (RFP) process was included to be executed for these support services for African Americans, which had been provided by the same community partner over a period of time; and
WHEREAS, in May 2021 per Bid Specification No. 21-11434-C, the RFP was issued and ONTRACK Program Resources Inc., submitted a proposal and was determined to be the chosen bidder; and
WHEREAS; on November 16, 2021 by Resolution No. 70,106-N.S., City Council authorized ERMA Contract No. 32200146 with ONTRACK Program Resources Inc., for support services for African Americans, in an amount not to exceed $75,000 through June 30, 2022; and
WHEREAS, funds are available in the FY23 budget in the Mental Health Services Act Fund, budget code: 315-51-503-526-2016-000-451-636110.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to execute an amendment to Contract No. 32200146 with ONTRACK Program Resources, Inc., to provide services and supports for African Americans, to increase the contract amount by $100,000 for a total contract amount not to exceed $175,000 and to extend the term to June 30, 2023. A record signature copy of said contract and any amendments to be on file the City Clerk Department.

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

CONTRACT NO. 32200111 AMENDMENT: EAST BAY SANCTUARY COVENANT

FOR TRAUMA SUPPORT SERVICES FOR LATINX/LATINAS/LATINOS
WHEREAS, the City’s Department of Health, Housing and Community Services, Mental Health Division, currently receives Mental Health Services Act (MHSA) Prevention and Early Intervention (PEI) Funds on an annual basis to improve early access to services and programs; including the reduction of stigma and discrimination; and for strategies to prevent mental illness from becoming severe and disabling; and WHEREAS, in order to utilize MHSA Funds, stakeholder informed Three Year Program and Expenditure Plans and Annual Updates that outline how funds will be utilized are required to be developed and locally approved; and
WHEREAS, the Mental Health Division works in partnership with community-based agencies and the Berkeley Unified School District in the provision of such services and supports; and
WHEREAS, since the initial MHSA PEI Plan, funds have been allocated for Trauma Support Services for the Latinx/Latina/Latino population; and WHEREAS, these Trauma Support Services for Latinx/Latinas/Latinos were previously implemented by the same community partner over a period of time; and WHEREAS, on December 1, 2020 by Resolution No. 69,620-N.S., the City Council approved the MHSA FY20/21 – 22/23 Three Year Program and Expenditure Plan, which continued and increased the allocation of PEI Funds for Trauma Support Services for the Latinx/Latina/Latino population; and
WHEREAS, per the City Council approved MHSA FY20/21 – 22/23 Three Year Program and Expenditure Plan a Request for Proposal (RFP) process was included to be executed for these Trauma Support Services for Latinx/Latinas/Latinos, which previously had been provided by the same community partner over a period of time; and WHEREAS, in March 2021 per Bid Specification No. 21-11433-C, an RFP was issued and East Bay Sanctuary Covenant submitted a proposal and was determined to be the chosen bidder; and
WHEREAS; on July 27, 2021, by Resolution No. 69,974-N.S., City Council authorized ERMA Contract No. 32200111 with East Bay Sanctuary Covenant for Trauma Support Services for Latinx/Latinas/Latinos, in an amount not to exceed $100,000 through June 30, 2022; and
WHEREAS, funds are available in the FY23 budget in the Mental Health Services Act Fund, budget code: 315-51-503-526-2016-000-451-636110.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to execute an amendment to Contract No. 32200111 with East Bay Sanctuary Covenant to provide Trauma Support Services for Latinx/Latinas/Latinos to increase the contract amount by $100,000 for a total contract amount not to exceed $200,000 and to extend the term to June 30, 2023. A record signature copy of said contract and any amendments to be on file in the City Clerk Department.

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-[XXXX] ● TDD: (510) 981-6903 ● Fax: (510) 981-[XXXX] E-Mail: [e-mail address]

CONSENT CALENDAR
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Tess Mayer, Director of Library Services
Subject: Revision of the Tool Lending Specialist Classification to Reflect an Accurate Scope of Duties with a Four Percent (4%) Salary Increase

RECOMMENDATION
Adopt a Resolution approving the revision of the Tool Lending Specialist job specification to accurately reflect the scope of duties and to increase the current salary schedule by four percent (4%) effective March 16, 2021 or the employee’s start date, if more recent.

FISCAL IMPACTS OF RECOMMENDATION
The Library’s personnel budget is funded by the Library Tax Fund. The current salary range for this position is $5,954.00 - $6,597.07 monthly. The proposed adjusted monthly salary range would be $6192.16 - $6860.95, reflecting the 4% increase. There are three full-time Tool Lending Specialist positions in the team. These team members would also be receiving retroactive backpay dating back to 3/16/21 or their date of hire if more recent, for the difference between their current pay rate and this proposed adjusted rate.

CURRENT SITUATION AND ITS EFFECTS
The Tool Lending Library’s collection expanded to include the lending of culinary tools in March 2021. Prior to that, the emphasis of the collection had been on gardening, home maintenance and repair and the tools and equipment used in the building trades.

Because the culinary tools represent a distinct and significant body of knowledge, this increase in scope needs to be reflected in both the classification language and compensation of the position.

BACKGROUND
The Tool Lending Library has provided Berkeley residents with access to free home repair tools for over 40 years. It is a beloved institution in Berkeley and beyond and has served as a model for other such libraries nationally. The Tool Lending Specialist is a unique classification to the Library within the City of Berkeley, as well as unique in its kind amongst other public library systems. Although a few other library systems have tool lending libraries, such as Oakland Public Library, the staffing model for those entities is different and does not feature specialists who offer subject matter expertise

Revision of the Tool Lending Specialist Classification CONSENT CALENDAR July 26, 2022

that is shared with residents as a critical aspect of the service. The Tool Lending Specialist classification was established in 1988 and was revised once in 2004.

Changes to this City classification must be reviewed by the Personnel Board and the Board of Library Trustees for adoption.

The Personnel Board approved this change on May 9, 2022. Action:

Motion/Second/Carry): Gilbert/Wenk to approve the Recommendation to Revise the Tool Lending Specialist Job Duties and Compensation. Vote: Ayes: Bartlow, Dixon, Gilbert, Karpinski, Lacey, Wenk, Noes: None, Absent: None, Abstentions: None.

Board of Library Trustees approved this change on June 1, 2022. Action:

Motion/Second/Carry: Trustee Davenport / Trustee Selawsky to adopt resolution #R22- 030. Vote: Ayes: Trustees Davenport, Greene, Hahn, Roth and Selawsky. Noes: None.

Absent: None. Abstentions: None.

The City Council is charged with establishing job classifications and the compensation of all employees (Sections 31 and 32 of City Charter) thus these changes need to be reviewed by the City Council for final approval.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental impacts associated with the recommendations in this report.

RATIONALE FOR RECOMMENDATION
The Tool Lending Specialist classification has not been updated for 18 years. It is important to ensure that the classification and compensation accurately reflect the full scope of work that is being supported by this team, particularly since a significant change occurred.

ALTERNATIVE ACTIONS CONSIDERED
The City Council could refrain from approving this classification and compensation change, although the Personnel Board and the Board of Library Trustees have. This would require Library staff to renegotiate Tool Lending Specialist duties with SEIU 1021 Maintenance and Clerical and potentially find alternatives to the current service model.

CONTACT PERSON
Tess Mayer, Director of Library Services, Library, 510-981-6195 Attachments

1. Resolution

2. City of Berkeley Tool Lending Specialist Classification (showing changes)

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

CLASSIFICATION AND SALARY RESOLUTION FOR SERVICE EMPLOYEES INTERNATIONAL UNION LOCAL 1021 MAINTENANCE AND CLERICAL CHAPTERS AND AMENDING RESOLUTION NO. 62,558-N.S.

WHEREAS, the Tool Lending Specialist classification, which is represented by Service Employees International Union, Local 1021 Maintenance and Clerical, and a classification unique to the Library; and
WHEREAS, this position was established upon Board of Library Trustees recommendation in 1988, with no major revisions since 2004; and WHEREAS, the addition of culinary tools represents a distinct and significant body of knowledge that is shared with Berkeley residents as an aspect of service; and WHEREAS, the Board of Library Trustees may recommend to the Personnel Board and the City Council revisions to this classification so that the specifications meet Library needs; and
WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, an updated salary structure to reflect a four percent (4%) increase will better reflect the scope of responsibility and make the position more desirable and competitive in future recruitments.

WHEREAS, the Personnel Board recommended on May 9, 2022 and the Board of Library Trustees approved on June 1, 2022 to increase the Salary Schedule for Tool Lending Specialist to an hourly 5-step salary range of Step 1 (n/a), Step 2 (n/a), Step 3: $35.7256, Step 4: $37.6060, and Step 5: $39.5851, reflecting an increase of four percent (4%) to each step effective March 16, 2021.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Resolution No. 62,558, Classification and Salary Resolution for Service Employees International Union Local 1021 Maintenance and Clerical Chapters is amended to increase the salary range for Tool Lending Specialist to an hourly salary structure shown below effective March 16, 2021.

Classification Step 1 Step 2 Step 3 Step 4 Step 5
Tool Lending Specialist n/a n/a $ 35.7256 $ 37.6060 $ 39.5851

TOOL LENDING SPECIALIST

DEFINITION
Under supervision, provides tools, equipment, instructional manuals , and basic reference service regarding home maintenance and repair to patrons of the Berkeley Tool Lending Library; orders, maintains, and repairs tools and equipment; performs related work as assigned.

CLASS CHARACTERISTICS
The Tool Lending Specialist is a skilled library support class assigned to the Berkeley Tool Lending Library.

The duties require a sound working knowledge of home improvement and culinary arts used by the do-it- yourself community. This class is distinguished from other library support classes in that the duties specifically apply to basic home improvement , building construction, culinary arts-related reference service, and the circulation of tools and home improvement equipment . home maintenance and repair and the tools and equipment used in the building trades (carpentry, plumbing, electricaland painting).

This class is distinguished from other library support classes in that the duties specifically apply to basic home improvement and building construction related reference service an d the circulation of tools and building construction equipment.

EXAMPLES OF DUTIES

1. Selects and lends a variety of culinary, building trade and gardening tools and equipment to residents of the City;

2. Recommends to the Library the purchase of tools an d equipment; advises on the purchase of instructional manuals for the Tool Lending Library collection;

3. Maintains tools and equipment in an operable condition, including making necessary repairs; sends tools out to private tool repair companies when a more difficult repair is required;

4. Processes lending requests and answers patron questions in person or by phone;

5. Maintains the reserve and waiting list, retrieves overdue materials, and collects fines;

6. Advises patrons on the correct and safe use of tools and equipment; answers basic patron reference questions regarding home maintenance and repair;

7. Collects and maintains records and prepares reports regarding tools and equipment borrowed, patron demographics, telephone inquiries, and the amount of fees and fines collected;

8. Monitors expenditures related to tool repair and purchase;

9. Attends community meetings and public hearings to explain functions of the Tool Lending Library;

10. Maintains library in a clean and orderly condition; Consent Calendar
Item C, Attachment 2

11. Monitors developments related to tools, equipment, and instructional material on home maintenance and repair;

12. Maintains inventory records;

13. May instruct staff or volunteers on job duties; and

14. Performs related work as assigned.

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

Knowledge of:

1. Tools, equipment, and instructional manuals used in culinary tools, building repair , and construction trades;

2. Standard culinary and building maintenance repair and maintenance procedures and terminology;

3. Basic stock and inventory control methods, including requisitioning, receiving, storing , and lending;

4. Record keeping, report preparation, and filing methods and techniques;

5. Basic business arithmetic;

6. Standard safety practices and techniques in the building trades;

7. Basic tool and equipment repair, and repair resources; and

8. Operation of standard office equipment.

Skill in and ability to:

1. Provide sound information and appropriate tools and equipment to patrons;

2. Develop and implement lending and inventory control procedures;

3. Understand and follow oral and written instructions;

4. Organize work, set priorities, and exercise sound independent judgment;

5. Prepare and maintain accurate records and reports;

6. Establish and maintain effective working relationships with those contacted in the course of the work;

7. Gather and evaluate data and make logical recommendations; and

8. Instruct others in work procedures.

OTHER REQUIREMENTS:

Consent Calendar
Item C, Attachment 2

Must be able to work evenings, weekends and irregular shifts.

A TYPICAL WAY OF GAINING THE KNOWLEDGE AND SKILLS OUTLINED ABOVE IS: Equivalent to graduation from high school and two years of experience which has provided a working knowledge of the tools and equipment used in the building construction trades (carpentry, plumbing, painting, masonry , and electrical).

Established: 12/1988
Revised: 04/2004; 04/2022
cc: Tess Mayer, Director of Library Services
My Chan, Associate Human Resources Analyst
Consent Calendar
Item C, Attachment 2

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
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Michael Sinor, Director, Information Technology Subject: Contract No. 32100168 Amendment: Robert Half International/Protiviti for Professional Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100168 to increase spending authority with Robert Half International/Protiviti for professional services in support of the cyber-resilience projects in the Fiscal Year (FY) 2023 using the General Services Agency’s (GSA) purchasing vehicle no. GS-35F-0280X to increase the contract by $312,000 for a total amount not to exceed $552,432 through June 30, 2023.

FISCAL IMPACTS OF RECOMMENDATION
One-time funding for this project is available in the Department of Information Technology’s Fiscal Year (FY) 2023 General Fund allocation as itemized below. $312,000 FY 2023: Professional Services
FY 2023 Budget Code: 011-35-363-382-0000-000-472-612990- (General Fund, IT Department, Professional Services)
$312,000 Total FY 2023 Professional Services

CURRENT SITUATION AND ITS EFFECTS
The City’s existing cyber-resilience plan prioritizes and organizes cyber security projects, objectives, and requirements needed within the next five years to improve the City’s cyber-resilience posture. The cyber resiliency plan categorizes all projects into five focus areas, which include Data Transparency, Data Privacy and Data Security, Program Functional Design, Policy and Rationale, Monitoring, Response & Mitigation, and Training and Culture. In December 2020, Council approved several top-priority projects for FY21 and FY22 and later approved funding that allowed the City to move forward on six of these high-priority projects during the remainder of FY21 and eight in FY22.

Contract No. 32100060 Amendment: Cyber Security for Professional Services RevolutionCyber, LLC for Data Safety Program Launch CONSENT CALENDAR July 26, 2022

The demand of these projects exceeds our current skillset and resource capacity. And, Robert Half International/Protiviti was selected to bridge the gaps by providing professional services in the form of project management for the initial set of projects and for FY22’s projects. This increase in spending authority extends the current set of purchase orders work for FY23.

BACKGROUND
In May 2019, the City engaged with a consultant to complete an “as-is” assessment of the City’s cyber resiliency. The consultant developed a cyber-resilience plan that recommended and prioritized cyber security projects, objectives, and requirements over the span of five years. In May 2020, the consultant also recommended a roadmap to the City with large-scale and coordinated projects that would create and mature the City’s cyber-resilience capabilities and controls in the most efficient and effective manner.

In December 2020, staff presented to Council the assessment of the threats currently facing the City’s information and computer-networks, the recommended roadmap, and prioritized six of the projects, setting their completion date to be on or by June 30, 2021.

The City has been pursuing this roadmap each fiscal year since.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Robert Half International/Protiviti will conduct their work remotely thus reducing greenhouse gas emissions from travel to and from City facilities.

RATIONALE FOR RECOMMENDATION
The City is currently using Robert Half International/Protiviti under GSA contract across several departments for specific professional services engagements. Robert Half Interna- tional/Protiviti was able to source immediately a cybersecurity analyst with the skillset and experience required to work on four of the six approved top-priority projects so a purchase order was then cut to obtain this resource.

It is important for the City to have continuity in these projects and the existing consultant has gained much of the institutional knowledge in the past year and a quarter. Replacing the consultant would cause delays to the ongoing projects. Staff thus recommends fully funding Robert Half International/Protiviti for FY23 in order to complete FY23’s projects that these professional services are supporting.

Additionally, staff determined that not continuing to use Protiviti Government Services for some projects, such as multi-year ones, puts them in jeopardy of not being completed on time and within budget.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered hiring individual project managers with the skill set specialization for each project. However, the project manager does not warrant such specialization.

Contract No. 32100060 Amendment: Cyber Security for Professional Services RevolutionCyber, LLC for Data Safety Program Launch CONSENT CALENDAR July 26, 2022

Furthermore, hiring individual consultants would involve additional time and expenses to become familiar with the City’s technologies, departments, and controls.

CONTACT PERSON
Michael Sinor, Director, Information Technology, 510-981-6541 Attachments:
1: Resolution

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

CONTRACT NO. 32100168 AMENDMENT: ROBERT HALF

INTERNATIONAL/PROTIVITI FOR PROFESSIONAL SERVICES
WHEREAS, in May 2019, the City engaged a consultant to complete an “as-is” assessment of the City’s cyber resiliency, which produced a cyber-resilience plan that recommended and prioritized cyber security projects, objectives, and requirements for the next five years; and
WHEREAS, in December 2020, staff presented to Council the assessment of the threats currently facing the City’s information and computer-networks, the recommended roadmap, and prioritized projects; and
WHEREAS, Robert Half International/Protiviti has provided a well-qualified cybersecurity analyst that has been working on projects for the City since late Fiscal Year 21, and WHEREAS, Robert Half International/Protiviti has the outside perspective that provides industry best practices and experience in working with municipalities on cybersecurity operations and implementations; and
WHEREAS, one time funding for this project is available in the Department of Information Technology’s Fiscal Year (FY) 2023 General Fund allocation.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 32100168 with Robert Half International/Protiviti for Professional Services, for an amount not to exceed $312,000 and a total contract value not to exceed $552,432 through June 30, 2023.

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.Berkeleyca.gov/Manager Office of the City Manager

CONSENT CALENDAR
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Michael Sinor, Director, Information Technology Subject:

Contract No. 7167M Amendment: Superion, LLC for AS400 Software Maintenance and Support

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 7167M with Superion, LLC for software maintenance and support of the City's FUND$ system on the AS400 platform, increasing the contract amount by $154,926.66 for a total not- to-exceed amount of $2,549,482.53 from July 1, 2006 through June 30, 2023.

FISCAL IMPACTS OF RECOMMENDATION
Funds for additional software maintenance and support will be available in the Department of Information Technology’s Fiscal Year (FY) 2023 IT Cost Allocation fund as itemized below, and is subject to Council approval of the proposed citywide budget and Annual Appropriation Ordinances.

FY2023 – Software Maintenance
Budget Code: 680-35-363-384-6005-000-472-613130-$154,926.66 (IT Cost Allocation, Enterprise Applications, Software Maintenance) $154,926.66 FY 2023 Software Maintenance

CURRENT SITUATION AND ITS EFFECTS
Currently, the City uses Superion's Public Sector soft ware (FUND$) to support operations for all City departments. Software licensing and maintenance is required for all FUND $ modules and includes 24x7 support , documentation, and periodic patches to incorporate enhancements and repairs.

As incremental replacement of the FUND$ system continue with the implementation of Tyler-Munis ERP system (ERMA) and other enterprise applications, the City's maintenance contract with Superion will continue to decrease as support will be required for fewer modules each year until all remaining FUND$ modules are

CONSENT CALENDAR
July 26, 2022

replaced and retired. However, till all the modules are completely off the FUND$ system, the City will still rely on Superion support for many of the key modules, reporting and auditing purposes.

BACKGROUND
FUND$ has supported City operations in all departments for over two decades. Its initial implementation in 1989 focused on automating core financial functions including the Payroll, General Ledger, Accounts Payable, and Purchasing modules.

After the initial implementation, the City implemented extensive customizations of the FUND$ software to expand its use throughout all departments.

On June 1, 2010, Council received a FUND$ Status Report outlining usability challenges , an incremental replacement plan, and estimated costs and replacement timelines (www.cityofberkeley.info/uploadedFiles/Clerk/Level 3 City Council/2010/06Jun/2010- 06-01 Item 54 FUND Status Report.pdf ).

On March 25, 2014 , Council received an updated FUND$ Status Report , which discussed FUND$ replacement successes and challenges, as well as a strategy for expediting replacement
(www.cityofberkeley.info/Clerk/City Council/2014/03 Mar/Documents/2014- 0325 Item 34 FUND$ Status Report.aspx).

On January 26 , 2016, Council authorized staff to release a Request for Proposal (RFP) to solicit proposals to replace FUND$. Through RFP No. 2016-11012-C, Staff identified a qualified company to provide a comprehensive public sector ERP system that met the City's functional scope. On March 28, 2017, Council authorized the City Manager to execute a contract with Tyler Technologies for the purchase of Tyler- Munis' ERP software and implementation services
(https://www.cityofberkeley.info/Clerk/City Council/2017/03 Mar/Documents/2017-03- 28 Item 14 Contract Tyler Technologies.aspx ).

In September 2018 , Superion, LLC merged with TriTech Software, and Zuercher Technolgoies, and Aptean to form CentralSquare Technologies. As a merged company, CentralSquare Technologies will be able to provide better customer service through a larger support organization.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The incremental replacement of FUND$ modules with more modern, best-of-breed software includes opportunities for providing online services. For example, it will be possible to apply and pay online for an array of licensing, permitting, and zoning certifications, eliminating the need for the public to visit City offices for routing applications. This helps with the Digital Strategic Plan goals of providing more online services. In addition, this helps reduce vehicle emissions, in keeping with the City's Climate Action Plan.

CONSENT CALENDAR
July 26, 2022

RATIONALE FOR RECOMMENDATION
SunGard(aka Superion) retains exclusive rights to provide maintenance for its software; no other vendor provides authorized maintenance. Staff considered terminating this agreement and providing maintenance without vendor assistance, but given the critical operations supported by FUND$, the risk of limited support would be inappropriate, especially since staff resources are focused on configuring, testing, and implementing FUND$ module replacements, rather than supporting the aged FUND$ system.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered terminating this agreement and providing maintenance without vendor assistance , but given the critical operations supported by FUND$ , the associated costs for staffing and training would be more than the maintenance agreement.

CONTACT PERSON
Michael Sinor, Director, Information Technology, 510-981-6541 Attachments:
1: Resolution

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

CONTRACT NO. 7167M AMENDMENT: SUPERION, LLC FOR AS400 SOFTWARE

MAINTENANCE AND SUPPORT
WHEREAS, Superion LLC's AS400 software, known to the City as FUND$, has supported the City of Berkeley's critical business operations in all departments for over two decades, including the Payroll, General Ledger, Accounts Payable, and Purchasing modules; and
WHEREAS, Superion, LLC is the only vendor authorized to provide software licenses and support for the AS400 software; and
WHEREAS, in January 2016, Council authorized staff to release a Request for Proposal (RFP) to solicit proposals to replace FUND$. Through RFP No. 2016-11012-C, Staff identified a qualified company to provide a comprehensive public sector ERP system that met the City's functional scope; and
WHEREAS, as incremental replacement of the FUND$ system continue with the implementation of Tyler-Munis ERP system (ERMA), the City's maintenance contract with Superion will continue to decrease in scope since support will be required for fewer modules each year until all remaining FUND$ modules are replaced and retired; and WHEREAS, funding for additional software maintenance and support will be available in the Department of Information Technology 's Fiscal Year (FY) 2023 IT Cost Allocation fund as itemized below , and is subject to Council approval of the proposed city- wide budget and Annual Appropriation Ordinances.

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. 7167M with Superion, LLC for the software maintenance and support of the City's FUND$ system on the AS400 platform, increasing the contract amount by $154,926.66 for a total not-to- exceed amount of $2,549,482.53
from July 1, 2006 through June 30, 2023.

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.Berkeleyca.gov/Manager

CONSENT CALENDAR
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Michael Sinor, Director, Information Technology Subject: Protiviti Government Services: Using General Services Administration (GSA) Vehicle for Professional Services Purchase Orders

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to issue purchase orders with Protiviti Government Services for the purchase of professional services using the General Services Agency’s (GSA) purchasing vehicle no. GS-35F-0280X for an amount not to exceed $350,000 through September 30, 2023.

FISCAL IMPACTS OF RECOMMENDATION
One-time funding for this project is available in the Department of Information Technology’s Fiscal Year 2023 Cost Allocation Fund allocation. Spending for this contract in future fiscal years will be subject to Council approval of the proposed citywide budget and annual appropriation ordinances.

FY 2023: Professional Services
Budget Code: 680-35-362-376-0000-000-472-612990-
$200,000
$150,000
(IT Cost Allocation, IT Department, Professional Services) FY 2023: Professional Services
Budget Code: 503-35-362-376-0000-000-412-612990-
(FUND$ Replacement, IT Department, Professional Services) $350,000 Total FY 2023 Professional Services

CURRENT SITUATION AND ITS EFFECTS
The City’s Department of Information Technology (DoIT) is currently working and supporting many of the enterprise projects and systems, as we transition from FUND$ to other enterprise systems. As we continue the migration from FUND$ to other enterprise systems, there is still a need to continue maintaining our Fund$ system, so that we can keep supporting many of the modules like Property Tax and AR/GB which are still in Fund$. In order to be compliant with IT Security requirements, and vendor support

Protiviti Government Services: Using GSA Vehicle for Professional Services CONSENT CALENDAR July 26, 2022

limitations, City needs to upgrade Fund$ to be on the current version. For migrated modules like Payroll we still need to be able to access the data for auditing and reporting.

The City has several other key projects that also requires additional expert knowledge in interfaces, reporting and various integrations across enterprise systems.

Key efforts to date are as follows: 1) Creation of Reports/Interfaces for the HR/Payroll projects like Vacancy Reports, and Timecard Reports, 2) design, development and configuration for Accela Reports/Interfaces like Delinquency reports, Overpayments etc. 3) enabled Business License renewal for all license types, 4) Upgrade of key components in FUND$ to a supported version, and 4) support for the Business License module.

Ongoing projects are enabling online Business License applications for all license types, changing business rules for various applications, automation of delinquent reports, reconciliation of refund transactions, upgrades to the enterprise systems to stay current on maintenance and security, reporting projects, and ongoing Property Tax support.

The demand for technology exceeds our current skillset and resource capacity. For successful implementation of these projects, we need expert level skills in multiple areas.

Currently, Robert Half consultants are helping us bridge the gap, allowing us to complete these projects.

Additionally, the City regularly participates in purchasing vehicles, or Master Award Schedules (MAS) negotiated by GSA. GSA negotiates long term contracts for prices on supplies, products, and services with suppliers on behalf of government agencies, including local government, that ensure volume discount pricing.

BACKGROUND
The City lost two key IT staffs (APAII) that were assisting on multiple projects on the enterprise side since 2020. The City has been able to fill one position in 2021. We have not been able to fill the other position. Both these positions require knowledge of enterprise systems and have a big learning curve for the new staff to get used to the systems. City has been using consultants to augment the work on several enterprise projects as well as provide operational support. As we continue looking for permanent replacement, we need these consultants for continuity in the projects, work on strategic projects, and the ability to provide day to day operational support.

The existing consultants have learned the City’s systems and have been helping us with day to day operations, as well as providing expertise in the project management, technical functions, upgrades on various projects.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Protiviti Government Services staffs will conduct their work remotely thus reducing greenhouse gas emissions from travel to and from City facilities. There are no other identifiable environmental effects, climate impacts, or sustainability opportunities associated with this report.

Protiviti Government Services: Using GSA Vehicle for Professional Services CONSENT CALENDAR July 26, 2022

RATIONALE FOR RECOMMENDATION
The City is currently using Protiviti Government Services under multiple GSA vehicles across several departments for specific professional services engagements. Protiviti Government Services works with Robert Half International to immediately source analysts with the skillset and experience required to work on these projects.

Additionally, staff determined that not using Protiviti Government Services for the remainder of FY puts some of the projects in jeopardy of not being completed and puts operational support in jeopardy for some of our key enterprise systems.

ALTERNATIVE ACTIONS CONSIDERED
Hiring additional internal staff to fulfill the needs were considered . However, given the deep technical expertise and knowledge required it would be difficult to hire the appropriate staff and get them trained in a timely manner for the projects.

CONTACT PERSON
Michael Sinor, Director, Information Technology, 510-981-6541 Attachments:
1: Resolution

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

PROTIVITI GOVERNMENT SERVICES: USING GENERAL SERVICES

ADMINISTRATION (GSA) VEHICLE FOR PROFESSIONAL SERVICES PURCHASE ORDERS
WHEREAS, in July 2020, the City engaged a consultant to assist in various Accela and Tyler Munis projects, which the consultant has aptly done so far; and WHEREAS, Protiviti Government Services has the expertise in operations and implementations of complex projects, and provides well qualified analysts; and WHEREAS, the City regularly participates in purchasing vehicles, or Master Award Schedules (MAS) negotiated by GSA, who negotiates long term contracts for prices on supplies, products, and services with suppliers on behalf of government agencies, including local government, that ensure volume discount pricing; and WHEREAS, one-time funding for this project is available in the Department of Information Technology’s Fiscal Year (FY) 2023 Cost allocation Fund allocation, and spending for this contract in future fiscal years will be subject to Council approval of the proposed citywide budget and annual appropriation ordinances.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized issue purchase orders with Protiviti Government Services for the purchase of professional services using the General Services Agency’s (GSA) purchasing vehicle no. GS-35F-0280X for an amount not to exceed $350,000 through September 30, 2023.

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.Berkeleyca.gov/Manager

CONSENT CALENDAR
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Michael Sinor, Director, Department of Information Technology Subject: Contract No. 047162-1 Amendment: ESI Group for the IBM Hardware and Software Lease

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 047162-1 with ESI Group for leasing, maintenance, and technical support for International Business Machines (IBM) hardware lease and software maintenance and support, increasing the current contract by $140,000, for a total not to exceed $2,294,769 from June 2, 2003 through June 30, 2023.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the additional scope of work in the amount of $140,000 will be provided by the Department of Information Technology's Cost Allocation Fund baseline budget in Fiscal Year 2023. Spending for this amendment in future fiscal years is subject to Council approval of the proposed citywide budget and Annual Appropriation Ordinances.

FY23 - Hardware Lease including IBM Software Maintenance and Support Budget Code: 680-35-363-384-6005-000-472-613130-$140,000 (IT Cost Allocation, TechISF, Software Renewal)
$140,000 FY 2023 Software Maintenance

CURRENT SITUATION AND ITS EFFECTS
ESI Group provides lease servicing, hardware and software maintenance, technical support, disaster recovery, and consulting services for the IBM infrastructure that hosts the City’s current FUND$ system. This contract is critical to providing a high-availability infrastructure for all nineteen FUND$ modules, including accounts receivable, cash receipts, payroll, accounting, billing, property tax, zero waste billing, and fleet management.

BACKGROUND
IBM infrastructure has been required to host FUND$ since its initial implementation in 1989. In 2003, the City contracted with ESI Group for IBM infrastructure leasing, 24x7

Contract No. 047162-1 Amendment: ESI Group, IBM Hardware and Software Lease CONSENT CALENDAR July 26, 2022

telephone/web support, 4-hour maximum parts replacement, co-location for disaster recovery, and hardware/software maintenance.

In January 2013, the City issued a Request for Proposals (RFP), Specification # 13- 10703-C, to explore additional options for this lease; ESI Group was the only certified IBM Partner to respond. Staff continue to renew the support contract with ESI Group to provide uninterrupted service while the City reassesses infrastructure needs as FUND$ module replacements progress.

In 2018, the City replaced the general ledger and procurement modules, or “core financials”. In January 2021, the City also replaced payroll-entry and HR functionality in FUND$. Throughout the next 5 years, the City will continue to replace additional FUND$ modules including: budget, work orders, asset management modules, facilities management, zero waste billing, fleet management, property taxes, accounts receivables/general billing.

Staff recommends renewing the contract with ESI Group for one year to provide uninterrupted service while the City reassesses infrastructure needs as FUND$ module replacements continue.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The IBM hardware and software platform are optimized for maximum energy efficiency.

The recent upgrade to newer hardware provides energy efficient equipment and the online disaster recovery capability reduced the need for the tape backups thus resulting in carbon footprint savings and transfer of tapes to offsite facility.

RATIONALE FOR RECOMMENDATION
ESI Group has extensive experience in supporting the AS400 system. Additionally, ESI Group was the only IBM certified partner to respond to the City’s RFP # 13-10703-C.

Providing uninterrupted support for the AS400 system is critical to the City’s core operations, and ESI Group has continued to provide excellent technical support and customer service throughout the term of their agreement.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered the possibility of switching vendors and issued an RFP to examine the City’s options; however, ESI Group was the only certified IBM Business Partner to respond.

CONTACT PERSON
Michael Sinor, Director, Department of Information Technology, 510-981-6541 Attachments:
1: Resolution

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

CONTRACT NO. 047162-1 AMENDMENT: ESI GROUP FOR IBM HARDWARE AND

SOFTWARE LEASE
WHEREAS, the City of Berkeley relies upon software systems for critical business activities such as including, accounting, billing, fleet management, and permitting; and WHEREAS, International Business Machines (IBM) hardware and software is required to host these systems; and
WHEREAS, ESI Group has extensive experience in supporting the AS400 system, and was the only IBM certified partner to respond to the City’s RFP # 13-10703-C; and WHEREAS, providing uninterrupted support for the AS400 system is critical to the City’s core operations, and ESI Group has continued to provide excellent technical support and customer service throughout the term of their agreement; and WHEREAS, funding is allocated in the Department of Information Technology’s Fiscal Year 2023 Cost Allocation Fund.

NOW THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 047162-1 with ESI Group for leasing, maintenance, and technical support for International Business Machines (IBM) hardware lease and software maintenance and support, increasing the current contract by $140,000, for a total not to exceed $2,294,769 from June 2, 2003 through June 30, 2023.

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
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks, Recreation & Waterfront Subject: Donation: New sign at Berkeley Waterfront - from Caltrans

RECOMMENDATION
Adopt a Resolution approving a donation of a new sign from Caltrans to be placed at the entrance to the Berkeley Waterfront with a value up to $250,000.

FISCAL IMPACTS OF RECOMMENDATION
In early 2022, CalTrans contacted the City of Berkeley with a proposal to beautify the Caltrans property at the intersection of Interstate-80 and University Avenue and Frontage Road. Included in the $3.4 million Caltrans project is the installation of an architectural element in the form of a welcome sign that will be installed on City right of way. The new sign has a value of up to $250,000, which includes permitting, design, and installation. The City will be responsible for maintaining the sign.

CURRENT SITUATION AND ITS EFFECTS
In February of 2022, the State of California launched a $1.1 billion-dollar Clean California initiative for beautification projects along the state highway system. This is a multiyear clean- up effort led by Caltrans to remove trash, create thousands of jobs, and engage communities to transform public spaces.

The Clean California Project at the University Ave Exit at I-80 in Berkeley will include new fencing, landscaping, pollinator gardens, and a new welcome sign provided by CalTrans, and is slated for the completion in late 2023. It will augment the recently completed $8 million City-led “Marina Roadway Improvement Project” by improving the eyebrows and cloverleafs on CalTrans property with fencing, landscaping, a palate of native and pollinator-friendly plants.

The sign that is planned for City of Berkeley right-of-way will be installed by CalTrans and maintained by the City of Berkeley.

On June 16, 2022, Caltrans and the City of Berkeley joined forces to celebrate both projects, the start of the Clean California Berkeley Waterfront Beautification Project and the Completion of the Berkeley Marina Roadway Improvement Project. Together, these

Donation: New sign at Berkeley Waterfront - from Caltrans CONSENT CALENDAR July 26, 2022

two projects, including the new “welcome” element, will improve the gateway and user- experience for visitors entering the Berkeley Waterfront. Currently, there is a sign identifying the Berkeley Marina at the intersection of University Ave and Marina Blvd, but there is no welcome sign at the entrance to the Waterfront as a whole. This will help with placemaking at the Waterfront and beautify the beginning of University Avenue just west of Frontage Road.

BACKGROUND
The City’s Open Governance Ordinance (OGO) requires City Council approval of any gift to the City in excess of $1,000 (BMC Section 2.06.050, Ord. 7,166-N.S.)

CONTACT PERSON
Ali Endress, Waterfront Manager, 981-6737
Attachments:
1: Resolution

RESOLUTION NO. -N.S.

DONATION FROM CALIFORNIA DEPARTMENT OF TRANSPORTATION
(CALTRANS) TO INSTALL A NEW SIGN AT BERKELEY MARINA
WHEREAS, in February 2022, the State of California launched a $1.1 billion-dollar Clean California initiative for beautification projects along the state highway system. This is a multiyear clean-up effort led by Caltrans to remove trash, create of jobs, and engage communities to transform public spaces; and
WHEREAS, in March 2022, the California Department of Transportation (Caltrans) contacted the City of Berkeley with a proposal to beautify the Caltrans property at the intersection of Interstate-80 and University Avenue and Frontage Road. The $3.4 million dollar project is slated for completion in late 2023; and WHEREAS, included in the project is the installation of an architectural element in the form of a welcome sign that will be installed on City right of way. The new sign has a value of up to $250,000; and
WHEREAS, there is no cost or match requirement for the City of Berkeley for the installation of the sign or the project;
WHEREAS, the City would be responsible for maintenance of the sign upon its installation as a part of routine maintenance operations; and
WHEREAS, the City’s Open Governance Ordinance (OGO) requires City Council approval of any gift to the City in excess of $1,000 (BMC Section 2.06.050, Ord. 7,166-N.S.) NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City approve a donation of a new sign from the California Department of Transportation to install a new sign at the Berkeley Marina with a value of up to $250,000.

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

CONSENT CALENDAR
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks, Recreation & Waterfront Subject: Contract: AE3 Partners, Inc. for Architectural Services for the African American Holistic Resource Center

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a not-to-exceed $900,000 contract with AE3 Partners, Inc. for architectural services for the African American Holistic Resource Center (AAHRC) for a contract period of August 1, 2022 through July 31, 2025.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this architectural services contract will come from Measure T1 Phase 2 funds (511-52-545-000-0000-000-461-612320-PRWT122002). Funding will be recommended for appropriation through the amendment to the appropriations ordinance in the Measure T1-Capital Fund (Fund 511). The project scope will be divided into task orders and they will be processed as the project proceeds.

CURRENT SITUATION AND ITS EFFECTS
On December 15, 2020 City Council approved phase 2 projects for the Measure T1 Infrastructure Bond that was passed by voters by an 86.5% margin on November 3,
2016. Phase 2 included a $7M allocation for the AAHRC. Staff recommends council approval of a contract with AE3 Partners, Inc. for architectural services for the AAHRC.

BACKGROUND
In April 2011, the African American/Black Professionals & Community Network (AABPCN) crafted a report titled A Community Approach for African American/Black Culturally Congruent Services. The AABPCN report identified challenges that the African American community faces in areas of education, employment, health, mental health, housing, and community relationships. A vision and framework were provided in the report for the development of an African American Holistic Resource Center in South Berkeley. The center would include the use of culturally congruent practices, embedded in an integrated service delivery system, which would help to decrease inequities and disparities in the African American/Black community in Berkeley.

Contract: AE3 Partners, Inc. Architectural Services for CONSENT CALENDAR the African American Holistic Resource Center July 26, 2022

Members of the AABPCN shared the vision for the AAHRC and began gathering information from the community via focus groups, town hall meetings, small group discussions, and formal presentations to several Berkeley Commissions, the Berkeley City Council, and other stakeholder groups. In 2016 City of Berkeley Community Health Commission strongly recommended that the City of Berkeley “take immediate action steps towards the development and support of the African American Holistic Resource Center in South Berkeley, with City Council support. Following the commission reports and community advocacy, the City of Berkeley funded the development of a feasibility study.

Building on prior work, many of the same dedicated community members continued working towards the vision of an African American Holistic Resource center spending countless hours deepening the plans, developing the feasibility study in 2019, and continuing to advocate for its creation with council and others.

On December 15, 2020 the Berkeley City Council approved $7 million in revenue from measure T1 for the creation of an African American Holistic Resource Center in South Berkeley.

A Request for Qualifications (RFQ) was issued on April 14, 2022 seeking qualified firms or individuals to provide architectural services for the AAHRC. On May 17, 2022, the City received four proposals from professional consultant firms. On June 3, a panel of 1 City staff, 1 consultant project manager and 3 AAHRC Steering Committee members reviewed, evaluated and ranked the 4 proposals according to the criteria in the RFQ.

This panel referred the two highest ranking proposals to the City Manager’s Office, who received presentations from both firms. After these presentations, AE3 Partners, Inc. was identified as the highest ranked firms.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no anticipated negative environmental effects of this action. The execution of this contract will help ensure successful completion of the AAHRC project that will incorporate the sourcing of sustainable and renewable resources used in construction projects, as well as compliance with all regulatory agency requirements. This promotes environmental sustainability and meets the Strategic Plan Goal 1 to provide state-of-the- art, well-maintained infrastructure, amenities, and facilities.

RATIONALE FOR RECOMMENDATION
The team assembled by the AE3 Partners, Inc. is highly qualified and responsive. They have particular expertise in fulfilling the criteria stated in the RFQ. The City does not have the in-house expertise to perform these design services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Paul Buddenhagen, Deputy City Manager, 981-7014
Scott Ferris, Director, Parks, Recreation & Waterfront, 981-6711

Contract: AE3 Partners, Inc. Architectural Services for CONSENT CALENDAR the African American Holistic Resource Center July 26, 2022

Attachment:

Resolution

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

CONTRACT: AE3 PARTNERS, INC. FOR ARCHITECTURAL SERVICES FOR THE

AFRICAN AMERICAN HOLISTIC RESOURCE CENTER
WHEREAS, AABPCN and later the AAHRC Steering Committee has been meeting, creating a vision for holistic African American health, and advocating for the funding to build this facility since 2011; and
WHEREAS, on December 15, 2020 City Council approved phase 2 projects for the Measure T1 Infrastructure Bond, which included a $7M allocation to complete the AAHRC; and
WHEREAS, a Request for Qualifications (RFQ) was issued on April 14, 2022 seeking qualified firms or individuals to provide architectural services for the AAHRC; and WHEREAS, on May 17, 2022, the City received four proposals from professional consultant firms; and
WHEREAS, on June 3, 2022 a panel of City staff and AAHRC Steering Committee members reviewed, evaluated and ranked the 4 proposals according to the criteria in the RFQ; and the City Manager’s Office, received presentations from the two highest ranking firms, and identified AE3 Partners, Inc. as the highest rated firm; and WHEREAS, f
unding for this architectural services contract will come from Measure T1 Phase 2 funds (511-52-545-000-0000-000-461-612320-PRWT122002).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to approve a contract and any amendments with AE3 Partners, Inc. for architectural services for the African-American Holistic Resources Center for a contract period of August 1, 2022 through July 31, 2025 in an amount not to exceed $900,000. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

Office of the City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7010 E-Mail: [email protected] Website: http://www.ci.berkeley.ca.us

CONSENT CALENDAR
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Extension of Exclusive Negotiating Agreement with Innovation Properties Group for 199 Seawall Drive

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute an Amended and Restated Exclusive Negotiating Agreement (ENA) with Innovation Properties Group (IPG), extending the existing ENA for 9 months with two 3-month options to work toward a long-term lease of City property at 199 Seawall Drive and short-term lease to activate a portion of the adjacent parking lot.

FISCAL IMPACTS OF RECOMMENDATION
There are no direct fiscal impacts associated with this recommendation. The City would continue to carry the same costs for an unoccupied building as it would without this ENA. The extension of this ENA provides a path to revenue for the Waterfront, but does not require either party to enter into a master lease.

CURRENT SITUATION AND ITS EFFECTS
On April 5, 2021, IPG submitted a letter of interest for a long-term lease of 199 Seawall Drive, the City-owned building formerly known as Hs Lordships Restaurant at the Berkeley Waterfront.

On September 28, 2021, Council authorized the City Manager to execute an ENA with IPG to develop a pre-development agreement that could lead to a long-term lease of 199 Seawall Drive and a short-term license for a portion of the adjacent parking lot, (Reso. 70,043-N.S.).

On February 1, 2022, the City and IPG entered into an ENA for the property at 199 Seawall Drive and a portion of the adjacent parking lot.

On May 1, 2022, the City Manager extended the ENA for an additional three months as authorized by Council. The ENA is set to expire on July 31, 2022.

Over the course of the ENA, IPG has assembled a project team of potential funding partners and subtenants, and refined a project concept. The project concept includes a

Extension of Exclusive Negotiating Agreement with Innovation Properties Group for CONSENT CALENDAR 199 Seawall Drive July 26, 2022
2 restaurant and event/entertainment space in the building and a temporary outdoor recreation space in a portion of the parking lot. In addition to a food truck village, immersive art installations and events to attract the community are also being explored.

An extension of the ENA is now needed to allow time for IPG and its partners to develop a proposed project and negotiate potential lease terms. The shared goal is to complete this work within 9 months, with a master lease agreement developed for Council consideration by May 2023. Two 3-month options-to-extend are requested should additional time be needed to complete negotiations, Council review and lease execution.

The project trajectory is below:

Phase 1: Exclusive Negotiating Agreement (February – July, 2021) A six-month Exclusive Negotiating Agreement (ENA) has been necessary in order for IPG to assemble partners and obtain funding support. During the ENA period, the City agrees to not entertain any other offers for 199 Seawall, and to work with IPG towards developing a future long-term lease agreement.

Phase 2: Exclusive Negotiating Agreement Extension (August 2022-April 2023) During the ENA extension, IPG would conduct feasibility studies, including conceptual design, financial analysis, and marketing. By November 1, 2022, IPG would submit for City review a proposed project concept, including description of proposed partners, activities/use of the space, conceptual drawing, gross revenue estimates, and draft term sheet. By May 1, 2022, and based on Council feedback, IPG would complete their due diligence, finalize the proposed project concept and negotiate lease terms.

Phase 3: Master Lease Agreement (May 2023)
A long-term master lease agreement would be targeted for Council review in May 2023.

The expectation is that there would no longer be a need for a pre-development agreement; and that the ENA extension would suffice. The short-term use of the parking lot would be incorporated into a future master lease agreement.

All other existing terms of the ENA would continue. The City would agree to not entertain any other offers for 199 Seawall during this period. The ENA would continue to include a “non-circumvention” clause, which would preclude the City from separately engaging with the specific contacts provided by IPG for a period of 12-months after the date of this Agreement. Based on Council feedback, the ENA also states the expectation that any future lease would include labor provisions that the operator would not interfere with workers’ rights to organize, and that former employees of Hs Lordships would be offered opportunities to apply for positions in the new operation.

Extension of Exclusive Negotiating Agreement with Innovation Properties Group for CONSENT CALENDAR 199 Seawall Drive July 26, 2022
3 The ENA does not commit the City to any future agreements.

BACKGROUND
In 1967, the City and Specialty Restaurant Corporation entered into a 50-year ground lease to develop a restaurant and event space that opened in 1969 as “Hs. Lordships”.

While the lease was set to expire in August, 2019, Specialty Restaurant Corporation terminated their lease 13-months early and Hs. Lordships closed its doors on July 1, 2018. On August 9, 2018, the City entered into an agreement with Collier’s Parish International, a provider of real-estate services, to help the City find entities to lease the space (Contract Number 10960). To date, the building has remained unleased for four years.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE CHANGE
There are no environmental impacts associated with the Exclusive Negotiating Agreement.

RATIONALE FOR RECOMMENDATION
If adopted, the amended and restated ENA would set the City on a path toward a long- term lease of the building at 199 Seawall Drive and would activate an underutilized parking area on a short-term basis. This is the most viable engagement the City has had to date, in that it includes the highest revenue potential and the most reputable operators.

The City and our real estate consultants have reviewed several proposals for the building since Hs. Lordships closed four years ago in July, 2018. All of these other proposals were ultimately withdrawn, citing the City’s lack of ability to fund building improvements, an inability to secure investment, or overall concerns about the location’s ability to sustain demand.

CONTACT PERSON
Scott Ferris, Director, Parks, Recreation and Waterfront, 981-6700 Christina Erickson, Deputy Director, Parks, Recreation and Waterfront, 981-6703 Ali Endress, Waterfront Manager, Parks, Recreation and Waterfront, 981-6737 Attachments:
1: Resolution
Exhibit A: Exclusive Negotiating Agreement
Exhibit B: Potential Term Sheet for Future Master Lease

RESOLUTION NO. ##-###

AUTHORIZING AN AMENDED AND RESTATED EXCLUSIVE NEGOTATING AGREEMENT WITH INNOVATION PROPERTIES GROUP, INC. (IPG) FOR CITY PROPERTY AT 199 SEAWALL DRIVE
WHEREAS, City received a grant of state tidelands to be held in trust for uses that include wharves, docks, piers, slips, commercial and industrial purposes, aviation facilities, transportation and utility facilities, public buildings, parks, playgrounds, marinas, snack bars, cafes, restaurants, and motels, including but not limited to the property located at 199 Seawall Drive, Berkeley; and
WHEREAS, on April 5, 2021, IPG submitted a letter of interest for a long-term lease of 199 Seawall, the City-owned building formerly known as Hs Lordships Restaurant at the Berkeley Waterfront; and
WHEREAS, IPG’s proposal has several components: activation of a five-year food truck village and outdoor recreation space in a portion of the adjacent parking lot, improvements to the building and building’s outdoor spaces, and operation of a restaurant and indoor event space; and
WHEREAS on February 1, 2022, the City and IPG entered into the initial phase of the ENA. In April, 2022, the City Manager extended the duration of the ENA from three months to six months, as authorized by Council. The ENA is currently set to expire on July 31, 2022.

WHEREAS, an extension of the ENA is now needed to develop a proposed project and negotiate potential lease terms.

NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Berkeley hereby authorizes the City Manager to execute an Amended and Restated Exclusive Negotiating Agreement with IPG, extending the existing ENA by nine months with two 3- month options, as described in Exhibit A.

Exhibit:

A: Amended and Restated Exclusive Negotiating Agreement B: Potential Term Sheet for Future Master Lease

Exhibit A: Exclusive Negotiating Agreement

AMENDED AND RESTATED EXCLUSIVE NEGOTIATING AGREEMENT BETWEEN

THE CITY OF BERKELEY AND INNOVATION PROPERTIES GROUP REGARDING THE REDEVELOPMENT AND REUSE OF THE PROPERTY AT 199 SEAWALL DR.

This Amended and Restated Exclusive Negotiating Agreement (“Agreement”) is made and entered into this 1st day of August, 2022 (“Effective Date”), and amends and restates in its entirety the Exclusive Negotiating Agreement, which was dated as of February 1, 2022, and is entered into by and between the City of Berkeley, a municipal corporation (“City”) and Innovation Properties Group, Inc., a California Corporation, dba Innovation Properties Group (“IPG”).

RECITALS
WHEREAS, City was granted certain tidelands in the Berkeley Marina to be held in trust for uses that include the establishment, improvement and conduct of small boat harbors, marinas, aquatic playgrounds and similar recreational facilities, and for all works, buildings, facilities, utilities, structures and appliances incidental, necessary or convenient for the promotion and accommodation of any such uses, including but not limited to snack bars, cafes, restaurants, motels, launching ramps and hoists, storage sheds, boat repair facilities with cranes and marine ways, administration buildings, public restrooms, bait and tackle shops, chandleries, boat sales establishments, service stations and fuel docks, yacht club buildings, parking areas, roadways, pedestrian ways and landscaped areas, including but not limited to the property located at 199 Seawall Drive, Berkeley (“Property)”; and
WHEREAS, on April 5, 2021, IPG submitted a letter of interest for a long-term lease of 199 Seawall Drive, the City-owned building formerly known as Hs Lordships Restaurant at the Berkeley Waterfront; and
WHEREAS, on September 28, 2021, Council authorized the City Manager to execute an ENA with IPG to develop a pre-development agreement that could lead to a long-term lease of 199 Seawall Drive and a short-term license for a portion of the adjacent parking lot, (Reso. 70,043-N.S.); and
WHEREAS, on February 1, 2022, the City and IPG entered into an ENA for the property at 199 Seawall Drive and a portion of the adjacent parking lot; and WHEREAS, on May 1, 2022, the City Manager extended the ENA for an additional three months as authorized by Council. The ENA is set to expire on July 31, 2022; and WHEREAS, the City and IPG mutually wish to evaluate (A) the construction of improvements to and a master lease of the Property based on IPG’s qualifications and concept to use the Property as a restaurant and event space, and (B) the operation of an outdoor food truck village with recreation components, as outlined in more detail in the attached proposed Term Sheet;
WHEREAS, an amended and restated ENA is now needed to allow time for IPG to develop a proposed project and to negotiate terms of the potential lease agreements;

NOW, THEREFORE, City and IPG agree as follows:

1. RECITALS
The recitals to this Agreement, above, are incorporated herein and made a part hereof.

2. PURPOSE OF AGREEMENT
a. This Agreement confirms the selection of IPG by City to enter into exclusive negotiations with City to determine if IPG can be the developer and master tenant of a restaurant and event space (the “Project”) at the Property. b. The purpose of this Agreement is to affirm the mutual intent of IPG and the City to consider generating (A) a master ground lease of 199 Seawall and (B) a 5- year term lease agreement for a portion of the parking lot adjacent to 199 Seawall.

3. AGREEMENTS
Subject to the terms of this Agreement, City and IPG each hereby agree to negotiate in good faith during the “Exclusivity Period,” as that term is defined in Section 6.a, in order to attempt to cause the execution of written definitive agreements (the “Agreements”), together with such changes and modifications as the parties shall mutually agree. The Agreements shall include, without limitation, (A) a master ground lease agreement at 199 Seawall Drive, and (B) a lease for the short-term use of a portion of the parking lot for five years.

4. CONFIDENTIALITY
Except where disclosure is required by law, including but not limited to the California Public Records Act (California Government Code section 6250 et seq.), IPG and City shall treat as confidential (the “Confidential Information”) (i) all documents, studies, electronic materials and information furnished to the other party by its officers, trustees, executives, employees, agents or representatives (collectively, the “Representatives”) relating to the Property, whether furnished before, on or after the date of this Agreement and whether furnished orally, in writing or by any other medium, and (ii) all reports, studies and other documents and information prepared by or for IPG which contain or reflect any such documents or information furnished by a party’s Representatives or any information obtained through inspection or review of the Property (collectively, the “Evaluation Materials”). Confidential Information does not include the Final Documents, which are subject to public disclosure by the City. The Evaluation Materials shall not include any information which (a) is or becomes generally available to the public other than as a result of disclosure by a party’s Representatives, in breach of this Agreement, (b) was already available to or in the possession of a party prior to its disclosure by the other party’s Representatives, unless obtained from a source which was not permitted to disclose such information, or (c) is or becomes available to a party from a source other than the other party’s Representatives, unless such source was not permitted to disclose such information to IPG.

Notwithstanding the provisions of this Section 4, IPG may commence marketing the Project and disclose its selection to potential tenants and other third parties so long as IPG does not disclose any Confidential Information unless IPG has obtained an appropriate confidentiality agreement from such party), or the written consent of the City.

5. NO REPRESENTATIONS OR WARRANTIES
City makes no express or implied representations or warranties as to the accuracy or completeness of any Evaluation Materials provided by the City. IPG acknowledges and agrees that neither City nor any of City’s Representatives has or will have any liability to IPG or any other person resulting from any use of the Evaluation Materials by IPG or IPG’s Representatives.

Only those representations or warranties, if any, made to IPG in Final Documents, if executed, and subject to the limitations specified therein, shall have any legal effect.

6. EXCLUSIVE NEGOTIATIONS
a. City and IPG agree that this Agreement shall be effective for a period of nine (9) months commencing on the Effective Date, and continuing in full force and effect until expiration or earlier termination pursuant to Section 10 (“Exclusivity Period”). The City Manager is authorized to extend this Agreement by two (2) additional three (3) month periods with the consent of IPG. b. During the Exclusivity Period, IPG and the City shall negotiate diligently and in good faith to prepare the Agreements. The execution of the Agreements shall be subject to the approval of the Berkeley City Council. During the Exclusivity Period, the City shall not negotiate for the development of the Property, or any portion thereof, with any party other than IPG, or approve or conduct a public hearing for any other development of the Property, or any portion thereof.

7. DUTIES AND RESPONSIBILITIES DURING THE EXCLUSIVITY PERIOD a. During the Exclusivity Period, IPG and the City shall negotiate in good faith to attempt to cause the execution of (A) a master ground lease agreement at 199 Seawall Drive; and (B) a 5-year lease for a portion of the adjacent parking lot. b. During this Period, IPG will assemble partners, obtain funding support, conduct feasibility studies, conceptual design, financial analysis, and marketing. c. IPG and the City agree to the following milestones:
i. By November 1, 2022, IPG will submit for City review a proposed project concept, including description of proposed partners, activities/use of the space, conceptual drawing, gross revenue estimates, and draft term sheet. ii. By May 1, 2022, and based on Council feedback, IPG will complete their due diligence, finalize the proposed project concept and negotiate terms for the lease of 199 Seawall.
iii. The City may extend this ENA for up to two 3-month periods to complete negotiations, Council review and lease execution.
d. Nothing in this Agreement requires any party to enter into any further agreement or requires the City to commit to any course of action with respect to the future development of the Property. Nothing in this Agreement is intended to or shall be

construed as a commitment to approve any project or any subsequent agreement(s) contemplated herein. The approval of any subsequent agreement negotiated pursuant to this Agreement shall be subject to approval of the Berkeley City Council, and nothing in this Agreement shall alter or limit the discretion the Berkeley City Council possesses pursuant to the City’s Charter and applicable law to approve, disapprove, or modify any such subsequent agreement.

8. TERMS
City and IPG hereby agree to the following terms.
a. Due Diligence and Inspection of Property. During the Exclusivity Period, the City shall allow IPG, at IPG’s sole cost and expense, to inspect the Property, accompanied by City staff, and review due diligence relating to the Property as made reasonably available to IPG by the City. Such reviews and inspections by IPG shall be conducted in accordance with reasonable restrictions or limitations imposed by the City. IPG shall deliver to City (without charge to City) true and complete copies of all third-party reports, findings, and test results relating to any inspections or testing of the Property, in both draft or final form, when the same are completed, without any prior modification by IPG, regarding activities undertaken by, on behalf of, or at the request of IPG, but excluding any internally prepared proprietary reports.
b. IPG Responsible for Own Costs. IPG acknowledges and agrees that all expenses and costs of IPG arising from this Agreement or the performance of IPG’s obligations hereunder shall be the sole responsibility of IPG. c. Assignments; Ownership Changes. IPG acknowledges that the City’s consent to issue this Agreement is based on the prior experience and qualifications of IPG.

Therefore, IPG shall not assign, sell, or otherwise transfer any rights under this Agreement without the prior written approval of the City in its sole and absolute discretion.
d. Conflicts of Interest. The parties to this Agreement have read and are aware of the provisions of California Government Code sections 1090 et seq. and 87100 et seq. , relating to conflict of interest of public officers and employees, as well as the conflict of interest provisions in Berkeley City Charter Section 36 and Berkeley Municipal Code Chapter 3.64. All parties hereto agree that they are unaware of any financial or economic interest of any public officer or employee of the City relating to this Agreement. Notwithstanding any other provision of this Agreement, it is further understood and agreed that if such a financial interest does exist at the inception of this Agreement, the City may immediately terminate this Agreement by giving written notice thereof.
e. Labor Peace. IPG understands that it is the City’s expectation that any future Master Lease, and any potential sublease agreements, would include provisions that a hospitality operation at the 199 Seawall Drive property shall be required to

provide evidence satisfactory to the City that it is party to a labor peace agreement that protects the City’s proprietary interest in the property. f. Employment Opportunities for Former Hs Lordships Employees. IPG understands that it is the City’s expectation that employees of the former Hs Lordships restaurant located at 199 Seawall Drive employed at the time of the restaurant’s closure would be offered an opportunity to apply for positions in new business operations conducted on the property.

9. LIMITATION ON REMEDIES FOR BREACH OR DEFAULT AND RELEASE OF CLAIMS
a. In the event of an uncured default by a party, the non-defaulting party’s sole remedy shall be to terminate this Agreement. Following such termination, neither party shall have any further right, remedy or obligation under this Agreement, except that Developer’s indemnification obligations pursuant to Section 11 shall survive termination.
b. In no event shall either party be entitled to damages of any kind in the event of termination of this Agreement. Except as expressly provided in subsection (a) of this Section 9, neither party shall have any liability to the other party for damages arising out of or related to performance under this Agreement or otherwise for any default, nor shall either party have any other claims with respect to performance or default under this Agreement. Each party specifically waives and releases any such rights or claims it may otherwise have at law or in equity.

10. TERMINATION
This agreement may be terminated by mutual agreement. Unless terminated by City or IPG pursuant to this Section, this Agreement shall terminate without notice on the earlier of (i) the expiration of the Exclusivity Period; or (ii) the execution of the City and IPG of the Agreements.

The City has the right to terminate this agreement if a project proposal, as described in section

7.c.i., is not received pursuant to the milestones set forth above.

11. INDEMNITY
IPG releases and discharges, and agrees to defend, indemnify and hold harmless, the City and the City’s former, present and future governing bodies, elected and appointed officials, employees, officers, directors, representatives, agents, departments, assigns, insurers, attorneys, predecessors, successors, divisions, subdivisions and parents, and all persons or entities acting by, through, under or in concert with any of the foregoing from and against any and all rights, claims, demands, damages, debts, liabilities, accounts, liens, attorneys’ fees, costs, expenses, actions and causes of action arising from or related to this Agreement, the Property and/or the proposed redevelopment.

12. NON-CIRCUMVENTION
Non-Circumvention. The City shall not propose any transaction, project, or financing to any IPG Associate, affiliates, partners introduced to the City by IPG with respect to a Business

Relationship that would interfere with or provide a substitute for any transaction, financing, redevelopment, or project proposed and/or being negotiated by IPG with respect to IPG's interest to the Property and Project, without the prior written consent of IPG. The City agrees not to engage in any such transaction for a period of six months from the termination date of this Agreement. This section shall not apply in the event of breach of contract or wrongdoing by IPG.

13. STATE TIDELANDS GRANT
Tenant acknowledges that the Property is located on State tidelands held by the City of Berkeley in trust pursuant to Chapter 347 of the California Statutes of 1913, as amended (“the Grant“).

Tenant agrees that any interpretation of this Agreement and the terms contained herein must be consistent with such limitations, conditions, restrictions and reservations.

14. MISCELLANEOUS
a. This Agreement together with all exhibits hereto constitutes the entire agreement between the parties with respect to the subject matter hereof. Any amendment or modification of this Agreement must be in writing and signed by all of the parties hereto, and any waiver of any provision of this Agreement must be by written instrument signed by the party charged with the alleged waiver. b. This Agreement shall inure to the benefit of and be binding upon the parties and their successors and assigns.
c. This Agreement shall be construed and enforced in accordance with the laws of the State of California and may be signed in any number of counterparts.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement effective as of the Effective Date.

IPG: CITY:

Innovation Real Estate Group, Inc., City of Berkeley,
a California Corporation a California municipal corporation dba Innovation Properties Group, Inc.

By:_________________ By:__________________ Owner B.D. Williams,
City Manager
Approved as to form: Registered by:
____________________ ______________________
City Attorney City Auditor

Attest:
__________________
City Clerk

Exclusive Negotiating Agreement with Innovation Properties Group for 199 Seawall Drive July 26, 2022 Exhibit 1, Exhibit B - Potential Term Sheet for Future Master Lease Exhibit B: Potential Term Sheet for Future Master Lease The following is a summary of draft terms between the City of Berkeley and Innovation Properties Group (IPG) for a potential future Master Lease Agreement for the property at 199 Seawall Drive at the Berkeley Waterfront:

Use:

State
Tidelands:

The premises shall be used primarily as a restaurant and event space, and may include ancillary culinary and innovation space.

Tenant acknowledges that the premises is located on State of California Tidelands and must be used in a manner consistent with the Public Trust Doctrine.

Term: 45 years with two 10-year tenant options to extend.

Parking Lot:

Rent:

Tenant shall operate a food truck area and outdoor event space in a portion of the parking lot. Use of the parking lot shall not extend beyond five years without written consent from the City.

The NNN Base rate shall be $15,000/ month + 6% of Gross Sales accrued within the Premises. Base rent shall increase 3% annually.

Condition of
Delivery:

Improvements:

The landlord will deliver the premises in as-is condition.

Tenant will fund all necessary improvements to upgrade the facility.

Sublease &
Assignment:

Tenant shall have the right to Sublease all or any portion of the Premises provided that sublessees comply with State Lands Commission requirements for tidelands. Subleasing must be approved by the Landlord with prior written consent, which shall not be unreasonably withheld.

Non-Binding: This term sheet is only a proposal to negotiate and is neither an offer nor a contract.

Approval/Exec
ution:

This Term Sheet is only a list of the above terms and conditions that may or may not become a part of the final Master Lease. This Term Sheet is not intended to be binding or to impose any obligations whatsoever on either party, including any obligation to bargain in good faith. No covenants are implied. The parties do not intend to be bound by an agreement until both parties have executed a formal written Master Lease contract.

In addition, this Term Sheet is subject to review and acceptance of the final terms and conditions of the Master Lease and related documents. Nothing contained herein shall be binding on either party unless and until such documents are approved, fully executed and exchanged by both parties.

Exclusive Negotiating Agreement with Innovation Properties Group for 199 Seawall Drive July 26, 2022 Exhibit 1, Exhibit B - Potential Term Sheet for Future Master Lease Either party is free to terminate the negotiations at any time, and will not by doing so incur any additional obligations or liability.

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
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Approval of Funds for Electric Vehicle Charging Stations at Tuolumne Camp

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to allocate up to $350K to add electric vehicle charging stations at Tuolumne Camp.

FISCAL IMPACTS OF RECOMMENDATION
The total project budget for the Tuolumne Camp project is approximately $53.75M. In April of 2017, City Council allocated $3.3M from the City’s General Fund Catastrophic Reserve for the project. Of this amount, the project has spent approximately $2.35M, leaving a current balance of $950,000. Over 95% of the project was covered by insurance proceeds, the Federal Emergency Management Agency (FEMA) Public Assistance Grant, and donations from the Friends of Berkeley Tuolumne Camp, a non- profit organization.

CURRENT SITUATION AND ITS EFFECTS
In August, 2013, the City’s Berkeley Tuolumne Camp was destroyed by the Rim Fire, a federally declared major disaster event. On January 24, 2017, the City Council adopted Resolution No. 67,821-N.S.1, establishing the City Council’s policy for the General Fund Reserves. On April 4, 2017, City Council adopted Resolution No. 67,889-N.S.2, allocating $3,300,000 from the City’s Catastrophic Reserve Fund for the Berkeley Tuolumne Camp Rebuild Project (Project).

Berkeley Tuolumne Camp (BTC) is currently in the final phase of reconstruction. The BTC ribbon cutting was on Saturday, June 4, 2022 and the camp opened to the public on 1 https://www.cityofberkeley.info/recordsonline/api/Document/AWBFPPeyf2Sd%C3%81hnzCgFhKGFiNS6 %C3%89Fr0YuordmvjQIznqV6gjg1QxhOXtsqqZBJ5ihkvkFEBuZ%C3%81Wg9yKvjSBR5bg%3D/ 2 https://www.cityofberkeley.info/recordsonline/api/Document/AcKiUQNtKNjXEFaOvz%C3%89lkGnZubDF DTXIURON3MXMFz5ym8YsuKpDoR%C3%813Gt9sDdO7voKHlQU17liieZ6RvxEnOqw%3D/

Approval of Funds for Electric Vehicle Charging Stations at Tuolumne Camp CONSENT CALENDAR July 26, 2022

Wednesday, June 22, 2022. A project update was provided to Council on October 15, 20213. The total Project budget is $53.75M. Over 95% of the Project is funded by insurance proceeds, the City’s Federal Emergency Management Agency (FEMA) Public Assistance Grant, and donations from the Friends of Berkeley Tuolumne Camp non-profit organization.

The City proposes allocating $350,000 of the remaining balance of $900,000 from the City’s General Fund Catastrophic Reserve for the construction of Electric Vehicle Charging Stations (EVCS) at Berkeley Tuolumne Camp. EVCS at Camp directly serve City-wide climate action and resiliency goals, including decreased dependence on fossil fuels and the City’s Net-Zero Carbon Emissions commitments.

Conceptual design of the EVCS has been completed. A change order must be funded in order to complete this additional work in FY 2023. If not authorized now, this work must be rebid when funding has been identified at a later date.

BACKGROUND
Berkeley Tuolumne Camp, established in 1922, is a 30-acre property operated under a Special Use Permit with the US Forest Service (USFS). The camp has served primarily as a family camp, but also offered teen leadership programs, adult hiking camps, and private group rental opportunities. Prior to the fire, BTC had the capacity to host approximately 280 campers, 60 staff members, and 10 counselors-in-training at one time, and served over 4,000 campers each year. The major facilities at the Camp included a Dining Hall; a Recreation Hall, 77 small single-story wood-frame camper tent cabins; staff cabins; maintenance and storage structures; a bridge across the river; parking and loading areas, and electric, water supply, and wastewater utilities.

In August 2013, the California Rim Fire destroyed the Berkeley Tuolumne Camp (BTC), a residential family camp located within the Stanislaus National Forest.

On January 24, 2020 the City issued a request for bids for the reconstruction of Berkeley Tuolumne Camp. Bids were due on March 12, 2020. The California state-wide “Stay at Home” order due to COVID-19 was issued on March 19, 2020. On April 14, 2020, City Council awarded the contract to the lowest responsible and responsive bidder, Robert E. Boyer Construction, Inc. Construction began in June, 2021 and is substantially complete.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The construction of EVCS at Berkeley Tuolumne Camp would reduce carbon emissions at Camp and encourage the use of electric vehicles by Campers. Achieving these goals will further the City commitment to decreased use and dependence on fossil fuels and progress towards net-zero carbon emission commitments.
3 https://www.cityofberkeley.info/uploadedFiles/Clerk/Level_3_- _General/Resident%20Camps%20Update%20101521.pdf

Approval of Funds for Electric Vehicle Charging Stations at Tuolumne Camp CONSENT CALENDAR July 26, 2022

RATIONALE FOR RECOMMENDATION
The purpose of constructing EVCS at Berkeley Tuolumne Camp is to further City-wide climate action goals.

ALTERNATIVE ACTIONS CONSIDERED
The City could opt to not construct EVCS at Berkeley Tuolumne Camp resulting in the no availability of electric vehicle charging available at Camp

CONTACT PERSON
Scott Ferris, Director, PRW, 981-6700
Attachments:
1: Resolution

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

APPROVAL OF FUNDS FOR ELECTRIC VEHICLE CHARGING STATIONS AT

TUOLUMNE CAMP
WHEREAS, in August, 2013, the City’s Berkeley Tuolumne Camp was destroyed by the Rim Fire, a federally declared major disaster event; and WHEREAS, the total project budget is $53.75M. Over 95% of the Project is funded by insurance proceeds, the City’s Federal Emergency Management Agency (FEMA) Public Assistance Grant, and donations from the Friends of Berkeley Tuolumne Camp non-profit organization; and
WHEREAS, on April 4, 2017, City Council adopted Resolution No. 67,889-N.S., allocating $3,300,000 from the City’s Catastrophic Reserve Fund for the Berkeley Tuolumne Camp Rebuild Project (Project); and
WHEREAS, of this amount, the project has spent approximately $2.35M, leaving a current balance of $950,000; and
WHEREAS, the City proposes allocating $350,000 of the remaining balance of $950,000 from the City’s General Fund Catastrophic Reserve for the construction of Electric Vehicle Charging Stations (EVCS) at Berkeley Tuolumne Camp.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to allocate up to $350K to add electric vehicle charging stations at Tuolumne Camp.

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
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jennifer Louis, Interim Chief of Police
Subject: Accept Grant Funding from the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program to Reduce Impaired Driving in the City of Berkeley

RECOMMENDATION
Adopt a Resolution authorizing the City Manager, or designee, to accept the “Cannabis Tax Fund Grant (CTFGP)” and enter into the resultant grant agreement and any amendments to fund impaired driving detection/investigation training for officers, community educational programs and supplemental impaired driving enforcement. The tentative grant allocation is for $112,336.60 for the period of July 1, 2022 through June 30, 2023.

FISCAL IMPACTS OF RECOMMENDATION
There is no fiscal impact for adopting the authorizing resolution to accept funding. There is no match requirement and/or leveraging of funds required. The total funding available for this project is $112,336.60, which will be deposited into budget code 336-71-703- 812-0000-000-421-432110. Grant funding will be used to offset expenditures. The grant will fund overtime, benefits, and training costs with no additional General Fund expenditures. The grant funds will be officially appropriated in the First Amendment to the FY 2023 Annual Appropriations Ordinance.

CURRENT SITUATION AND ITS EFFECTS
Securing CHP grant funding is a Strategic Plan Priority Project, advancing our goal to create a resilient, safe, connected, and prepared city.

Currently, the Traffic Bureau of the Berkeley Police Department is staffed by two motor officers, one traffic data analyst, one sergeant and one lieutenant. Motor officers’ responsibilities include injury-collision investigations and traffic enforcement; however, resources often deplete rapidly due to ancillary duties and personnel shortages in the Operations/Patrol Division. Additionally, the Berkeley Police Department is in the midst of a staffing shortage and is forecasting even more staffing challenges in the near

Accept Grant Funding from the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program to Reduce Impaired Driving in the City of Berkeley CONSENT CALENDAR

future. Grant funding would build upon our current traffic safety efforts by allowing patrol and motor officers opportunities to address traffic safety and impaired driving – in addition to and outside of their regularly scheduled duties. Additionally, the funds would provide opportunities for leadership development and learning in traffic safety and DUI/impaired driving enforcement and enhance the department’s overall mission of public safety.

BACKGROUND
In California, there are 49 cities with larger populations than Berkeley. In Alameda County, Berkeley is ranked number four in population behind Oakland, Fremont, and Hayward. Yet, the City of Berkeley is famous around the globe.

As of 2018, Berkeley’s population was over 121,000. The population density was over 11,000 per square mile. Nearly 48 percent of Berkeley residents use a motor vehicle to commute to work, just under 8 percent used a bicycle and 16 percent walked. Berkeley makes up only 8 percent of Alameda County’s population but more than 37 percent of the county’s population of people who walk and ride bikes to work. Additionally, there are 5 dispensaries in the city, and as of February 2020 smoking, vaping and consuming cannabis in storefront retailers (previously referred to as dispensaries) was authorized.

In November 2016, California voters passed AB 64: Cannabis: licensure and regulation as a statewide initiative legalizing the cultivation, sale, and adult use of marijuana. As a result, and pursuant to Revenue and Taxation Code 34019 (f)(3)(B), the State was required to set aside tax funding for the CHP to provide grants to local governments and qualified non-profit organizations. This section states that the grant funding is to be used for the “education, prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis; programs that help enforce traffic laws, educate the public in traffic safety, provide varied and effective means of reducing fatalities, injuries, and economic losses from collisions; and for the purchase of equipment related to enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis.”
In 2018, adult-use and medicinal use marijuana businesses began opening in cities that chose to grant local cannabis licenses, including the City of Berkeley. There is substantial evidence that cannabis use increases the risk of motor vehicle crashes, and driving while under the influence of cannabis has become a significant concern for law enforcement and public safety.

In 2021, Berkeley Police made 96 misdemeanor DUI arrests (73 alcohol, 14 drugs only, 9 combination), 12 felony DUI arrests, and 1 minor with a blood alcohol concentration over .05%.

Over the past seven years (1/2015 – 1/2022), 190 injuries occurred in collisions where alcohol or drugs were a factor. Continued, proactive enforcement through DUI saturation patrols funded through the CHP grant provide an effective aid to remove

Accept Grant Funding from the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program to Reduce Impaired Driving in the City of Berkeley CONSENT CALENDAR

dangerously impaired drivers from the roadway, and will also assist us in educating the community to the dangers of drug and alcohol impaired driving.

The Berkeley Police Department has received notice of a conditional approval for grant funding. CHP requires the local governing body adopt a resolution authorizing the Berkeley Police Department to receive the grant funding.

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

RATIONALE FOR RECOMMENDATION
The purpose of this grant funding is to address impaired driving, including opportunities and projects to prevent the loss of life, injuries, and property damage caused by driving under the influence of alcohol and/or drugs. These funds are to be used for training, education, prevention, and the enforcement of laws related to DUI of alcohol and other drugs, including cannabis and cannabis products.

Grant funds will assist our training program. Training officers in Standardized Field Sobriety Testing (SFST), Advanced Roadside Impaired Driving Enforcement (ARIDE), and Drug Recognition Evaluation (DRE) will enhance our overall effectiveness as a department in detecting, deterring, and apprehending impaired drivers.

Grant funding builds upon our current traffic safety efforts by allowing officers opportunities in saturation enforcement to address impaired driving- in addition to and outside of their regularly scheduled duties. Additionally, the funds provide opportunities for community outreach with emphasis on impaired driving through education to include many types of media.

The Police Department requests this funding be approved to enhance our current efforts to provide a safe environment to every individual who utilizes City of Berkeley sidewalks and roadways. These efforts will include a partnership with the Berkeley Community through outreach and education regarding traffic safety and impaired driving.

ALTERNATIVE ACTIONS CONSIDERED
No other alternatives would result in preserving the shrinking General Fund resources while increasing the safety of the citizens of Berkeley.

CONTACT PERSON
Lieutenant Jen Tate, Police, Traffic Bureau, (510) 981-5383 Attachments:
1: Resolution
2: Department of California Highway Patrol Grant Agreement

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

ACCEPTANCE OF CHP CANNABIS TAX FUND LAW ENFORCEMENT GRANT FY2022/2023
WHEREAS, the California Highway Patrol has been delegated the responsibility by the Legislature of the State of California for the administration of the Cannabis Tax Fund Grant Program, setting up the necessary procedures governing the application; and WHEREAS, said procedures established by the California Highway Patrol require the Applicant to certify by resolution the approval of the application to the State; and WHEREAS, successful Applicants will enter into an agreement with the California Highway Patrol to complete the Grant Scope; and
WHEREAS, the Berkeley Police Department applied for funding from the CHP Cannabis Tax Fund Grant Program FY2022/2023; for the following items:
 Police Officer Training/Education
o DUI Detection – Field Sobriety Training; and
o Drug Influence (Health & Safety Code Section 11550) Training; and o Drug recognition Expert Training
 Conduct Community Outreach/Education (Social Media Messaging) WHEREAS, the Berkeley Police Department has received notice of conditional approval for grant funding, Exhibit A, in the amount of $112,336.60; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager, or designee, is hereby authorized to execute the agreement, and any follow up amendments with the California Highway Patrol for the CHP Cannabis Tax Fund Law Enforcement Grant FY2022/2023 in an amount of $112,336.60 for the term of July 1, 2022 through June 30, 2023.

State of California

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL
GRANT AGREEMENT - Page 1

AWARD NUMBER
9588

1. GRANT TITLE
FY22/23 CTFGP Law Enforcement - Berkeley Police Department

2. NAME OF AGENCY
Berkeley Police

4. PERFORMANCE PERIOD

From: 07/01/2022
To: 06/30/2023 3. AGENCY SECTION TO ADMINISTER GRANT

5. OPPORTUNITY INFORMATION DESCRIPTION
Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis. The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, improve agency’s effectiveness through training and development of new strategies.

6. FUNDS ALLOCATED UNDER THIS AGREEMENT SHALL NOT EXCEED $112,336.60

7. TERMS AND CONDITIONS
The Grantee agrees to complete the Project as described in the Project Description. The Grantee’s Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00 -1890.27 are hereby incorporated into this agreement by reference.

The parties hereto agree to comply with the terms and conditions of the following attachments:
• Schedule A - Project Description, Problem Statement, Goals and Objectives, and Method of Procedure; • Schedule B - Detailed Budget Estimate; and
• Schedule B-1 - Budget Narrative.

We, the officials named below, hereby swear under penalty of perjury under the laws of the State of California that we are duly authorized to legally bind the Grant recipient to the above described Grant terms and conditions.

IN WITNESS WHEREOF, this Agreement has been executed by the parties hereto.

8. APPROVAL SIGNATURES
A. AUTHORIZED OFFICIAL OF AGENCY
Name: Jennifer Louis Phone: 510-981-5976
Title: Interim Police Chief

Address: 2100 MLK Jr Way Berkeley, CA 94704

E-Mail: [email protected]

(Signature) (Date)
B. AUTHORIZED OFFICIAL CHP
Name: Evan Robinson Phone: (916) 843-4360
Title: Captain Fax: (916) 322-3169

Address: 601 North 7th Street, Sacramento, CA 95811

E-Mail: [email protected]

(Signature) (Date)
C. ACCOUNTING OFFICER OF CHP
Name: C. M. Jones Phone: (916) 843-3531
Title: Commander Fax: (916) 322-3159
Address: 601 North 7th Street, Sacramento, CA 95811

E-Mail: [email protected]

(Signature) (Date)
D. AUTHORIZED FINANCIAL CONTACT TO RECEIVE

PAYMENTS
Name: Chuck Gunter
Address: 2100 MLK Jr Way Berkeley, CA 94704

9. PURCHASE ORDER NUMBER

TERMS AND CONDITIONS

Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other terms and conditions noted in this Agreement. Failure by the Grantee to comply may result in the termination of this Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated.

A. EXECUTION

1. The State (the California Highway Patrol) hereby awards to the Grantee the sum of money stated on page one of this Agreement. This funding is awarded to the Grantee to carry out the project set forth in the Project Description and the terms and conditions set forth in this Agreement.

2. The funding for this Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State’s obligation to pay any sum under this Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Agreement, whereby no party shall have any further obligations or liabili ties under this Agreement, or 2) negotiate an Agreement amendment to reduce the grant award and scope of services to be provided under this Agreement.

3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement has been approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State.

4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide pursuant to this Agreement, necessary to complete or carry out the project as described in this Agreement. Any modification or alteration of this Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing 30 calendar days in advance to the State for approval.

5. The Grantee agrees to complete the project within the timeframe indicated in the Performance Period, which is on page one of this Agreement.

B. PROJECT ADMINISTRATION

1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Agreement on a quarterly basis, or as requested by the State.

2. The Grantee shall provide the State with a final report showing all project expenditures, which includes all State and any other project funding expended, within 60 calendar days after completion of this Agreement.

3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State.

4. Equipment purchased through this Agreement shall be used for the education, prevention, and enforcement of impaired driving laws unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the project costs. Equipment purchased under this Agreement must only be used for approved project related purposes unless otherwise approved by the State in writing.

5. Prior to disposition of equipment acquired under this Agreement, the Grantee shall notify the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit at (916) 843-4360.

TERMS AND CONDITIONS

C. PROJECT TERMINATION

1. Grantee or the State may terminate this Agreement at any time prior to the commencement of the project. Once the project has commenced, this Agreement may only be terminated if the party withdrawing provides 30 calendar days written notice of their intent to withdraw.

a. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term “force majeure” shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee’s control which would excuse the Grantee’s performance as a matter of law.

b. Grantee agrees to provide written notice of an event of force majeure under this Agreement within 10 calendar days of the commencement of such event and within 10 calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure.

2. Any violations of law committed by the Grantee, misrepresentations of project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Agreement has been terminated.

3. The State may terminate this Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Agreement at the time and in the manner herein provided.

Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination.

4. If this Agreement is terminated, the State may choose to exclude the Grantee from future grant opportunities.

D. FINANCIAL RECORDS

1. The Grantee agrees the State or their designated representative shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Agreement.

E. HOLD HARMLESS

1. The Grantee agrees to indemnify, defend and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee’s staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Agreement.

TERMS AND CONDITIONS

F. NONDISCRIMINATION

1. The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily-required employment- related leave. (GC 12990 [a-f] and CCR, Title 2, Section 8103.)

G. AMERICANS WITH DISABILITIES ACT

1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)

H. DRUG-FREE WORKPLACE

1. The Grantee shall comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drug-free workplace by taking the following actions:

a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

b. Establish a Drug-Free Awareness Program to inform employees about:

i. The dangers of drug abuse in the workplace.

ii. The person's or organization's policy of maintaining a drug-free workplace.

iii. Any available counseling, rehabilitation, and employee assistance programs.

iv. Penalties that may be imposed upon employees for drug abuse violations.

c. Every employee who works on the project will:

i. Receive a copy of the company's drug-free workplace policy statement.

ii. Agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

2. Failure to comply with these requirements may result in suspension of payments under this Agreement or termination of this Agreement or both and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred:

a. The Grantee has made false certification or violated the certification by failing to carry out the requirements as noted above. (GC 8350 et seq.)

I. LAW ENFORCEMENT AGENCIES

1. All law enforcement organization Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Grantees shall not engage in the act of racial profiling as defined in California Penal Code Section 13519.4.

TERMS AND CONDITIONS

J. LABOR CODE/WORKERS' COMPENSATION

1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before comm encing the performance of the work of this Agreement, (refer to Labor Code Section 3700).

K. APPLICATION INCORPORATION

1. The Grantee agrees the Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Agreement.

L. STATE LOBBYING

1. The Grantee is advised none of the funds provided under this Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body.

Such activities include both direct and indirect (e.g., “grassroots”) lobbying activities, with one exception. This does not preclude a state official whose salary is supported by this Agreement from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice.

M. REPRESENTATION AND WARRANTIES

1. The Grantee represents and warrants that:

a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules.

b. It is not a party to any Agreement, written or oral, creating obligations that would prevent it from entering into this Agreement or satisfying the terms herein.

c. If the Grantee is a Nonprofit Organization, it will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax -exempt status. If the Grantee subcontracts with a Nonprofit as part of this Agreement, the Grantee shall ensure the Nonprofit will maintain its “Active” status with the California Secretary of State, maintain its “Current” status with the California Attorney General’s Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status.

d. All of the information in its Grant Application and all materials submitted are true and accurate.

N. AIR OR WATER POLLUTION VIOLATION

1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution.

TERMS AND CONDITIONS

O. GRANTEE NAME CHANGE

1. Grantee agrees to immediately inform the State in writing of any changes to the name of person within organization with delegated signing authority.

2. An amendment is required to change the Grantee's name as listed on this Agreement. Upon receipt of legal documentation of the name change the State will process the amendment.

Payment of invoices presented with a new name cannot be paid prior to approval of said amendment.

P. RESOLUTION

1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an Agreement, authorizing execution of the Agreement.

Q. PAYEE DATA RECORD FORM STD. 204

1. This form shall be completed by all non-governmental Grantees.

R. GOVERNMENT AGENCY TAXPAYER ID FORM

1. This form shall be completed by governmental Grantees.

S. CONFLICT OF INTEREST

1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section) immediately for clarification.

2. Current State Employees:

a. No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.

b. No officer or employee shall contract on their own behalf as an independent Grantee with any state agency to provide goods or services.

3. Former State Employees:

a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision-making process relevant to this Agreement while employed in any capacity by any state agency.

b. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy-making position in the same general subject area as the proposed Agreement within the 12-month period prior to their leaving state service.

4. The authorized representative of the Grantee organization named within this Agreement warrants their organization and its employees have no personal or financial interest and no present or past

TERMS AND CONDITIONS

employment or activity which would be incompatible with participating in any activity related to this Agreement. For the duration of this Agreement, the organization and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Agreement.

5. The Grantee organization and its employees shall not disclose any financial, statistical, personal, technical, media-related, and/or other information or data derived from this Agreement made available for use by the State for the purposes of providing services to the State in conjunction with this Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to project confidential information and intends to disclose that information in violation of this Agreement.

6. The Grantee will not enter into any Agreement or discussions with third parties concerning materials described in paragraph 5 prior to receiving written confirmation from the State that such third party has an Agreement with the State similar in nature to this one.

7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them.

8. If Grantee violates any provisions of this above paragraphs, such action by Grantee shall render this Agreement void.

T. EQUIPMENT-USE TERMS

1. The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts.

2. Law Enforcement Projects:

a. Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road-side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Agreement, are trained to recognize alcohol and drug impairment. At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor’s office; establish a policy ensuring appropriate use; and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section), of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices. Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices.

b. Law Enforcement Vehicles – The Grantee agrees any law enforcement vehicles purchased with funds from this agreement will be primarily used for the enforcement of driving under the influence laws and/or providing public education related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem indicating the vehicle is used for driving under the influence enforcement.

Schedule A

Project Description
According to NHTSA, traffic deaths were up 12% in the beginning of the pandemic (April to September 2020) compared to the same period in 2019. The report released in Dec. 2020 cited unsafe driving habits to include drivers with drugs or alcohol in their system. In 2021, Berkeley police officers investigated 62 collisions where the driver was impaired. Of those, 16 were injury collisions.

Best practice strategies will be conducted to reduce the number of persons killed and injured in collisions involving impaired drivers. The funded strategies will focus on reducing impaired driving through special enforcement operations, and increasing public awareness through education and media engagement.

Additional training for BPD officers in SFST, ARIDE, DRE will add to our collective effort to reducing fatal and serious collisions caused by impaired drivers.

Problem Statement
In California alone, there are 49 cities with larger populations than Berkeley. In Alameda County, Berkeley is ranked number fourth in population size behind Oakland, Fremont, and Hayward. Yet, the City of Berkeley is famous around the globe.

As of 2022, Berkeley’s population is over 121,000. The population density is over 11,000 per square mile. Nearly 48 percent of Berkeley residents use a motor vehicle to commute to work, just under eight (8) percent used a bicycle and 16 percent walked. Berkeley makes up only eight (8) percent of Alameda County’s population but more than 37 percent of the county’s population of people who walk and ride bikes to work. Additionally, there are five (5) dispensaries in the city, and in February 2020, the Berkeley City Council voted unanimously to permit Smoking, vaping and consuming cannabis in storefront retailers (previously referred to as dispensaries).

In 2021, Berkeley Police made 124 misdemeanor DUI arrests (100 alcohol, 14 drugs only, 9 combo,1 minor with BAC over .05.), and 10 felony DUI arrests.

Over the past 7 years (1/2015-1/2022), 190 injuries occurred in collisions where alcohol or drugs were a factor. Continued, proactive enforcement through DUI saturation patrols funded through the CHP grant will be an effective aid for taking dangerously impaired drivers off the road. The grant would also provide the means to educate the community of the dangers of drug and alcohol impaired driving.

Currently, the Traffic Bureau of the Berkeley Police Department is staffed by three (3) Motor Officers , one (1) Traffic Data Analyst, one (1) Sergeant and one (1) Lieutenant. Motor officer responsibilities include injury-collision investigations and traffic enforcement, however resources often deplete rapidly due to ancillary duties and personnel shortages in the Operations (Patrol) Division. Grant funding would build upon our current traffic safety efforts by allowing patrol and motor officers the ability to address traffic safety and impaired driving — in addition to and outside of their regularly scheduled duties.

Additionally, the funds would provide opportunities for leadership development and education in traffic safety and DUI/impaired driving enforcement, as well as enhance the department’s overall mission of public safety.

Proposed Solutions
The Berkeley Police Department will continue to take a proactive, comprehensive approach to public safety where injury-collisions are concerned. The department will address impaired drivers within city limits by way of DUI saturation patrols. DUI saturation patrols allow officers to both proactively seek out impaired drivers and to deploy directed enforcement tactics based on DUI arrest and injury -collision data. This approach will help to enhance the overall training and experience of those offic ers.

Berkeley PD will continue to work with local media to publicize our proactive enforcement efforts and to educate the community by way of public awareness campaigns and strategies.

In addition, grant funds will assist our training program. Having the opportunity to training more officers in SFST, ARIDE and DRE will strengthen our overall effectiveness as a department in the detection, deterrence, and apprehension of impaired drivers.

Schedule A

The Berkeley PD Traffic Bureau already employs two strategies of traffic enforcement. First, the use of internal collision and SWITRS data are used to identify the top PCF’s and the most dangerous roadways in the city for vehicles, pedestrians, and bicyclists. This allows us the ability to use a data driven approach to direct the majority of available resources to those identified areas. Secondly, we seek to alter traffic violator behavior through vigorous traffic enforcement- by issuing citations, and arresting impaired drivers.

The Berkeley Police Traffic Bureau will collaborate with our Community Service Bureau and patrol officers to identify where impaired driving awareness can be included in public education opportunities.

All of these projects will be achieved throughout the grant cycle, with priority given to sending officers to training early on in the grant cycle. This prioritization will enable officers to put their newly acquired training to use during the grant cycle to enhance our ability to meet our intended enforcement and deterrence goals.

Performance Measures
Grant funds would allow for officer training, public education, and enforcement opportunities, with regard to impaired driving.

Each goal, activity and overall timeline would be monitored by the grant administrator. By tracking the activity of the funded projects, BPD would be able to account for and report on the effectiveness of the proposed projects.

Goal One - Officer Training: Provide our community with well-trained Officers and with the skills needed to investigate impaired driving incidents/crashes. To do this, Berkeley PD will seek out SFST, ARIDE, and DRE training.

Objective 1.A. Two (2) police officers will be trained in SFST within the one-year term of this grant. This will be accomplished between Quarters 1 and 2.

Objective 1.B. Two (2) police officers will be trained in ARIDE within the one-year term of this grant. This will be accomplished during Quarter 3.

Objective 1.C. One (1) police officer will be trained and certified in SFST Instructor Training within the one-year term of this grant. This will be accomplished during Quarter 4.

Goal Two - Education and Outreach through Press Releases and Social Media: Change social norms within our community related to cannabis-impaired driving. Berkeley PD will create informational/educational materials to publicize the costs, risks, and dangers associated with cannabis - impaired driving.

Objective 2.A. Issue four (4) press releases; first to announce the kick-off of the grant. Subsequent releases to coincide with DUI Saturation patrol enforcement.

Objective 2.B. Collaborate with the Berkeley PD Press Information Officer to use social media to broadcast CHP approved educational messages, advisories and materials once per quarter.

Goal Three - Enforcement:

Objective 3.A. Implement DUI Saturation Patrols – Berkeley PD will conduct ten (10) DUI saturation patrols per quarter (a minimum of two (2) officers per saturation patrol on 8-hour shifts). These patrols will focus their efforts in areas known to have a high incidence of impaired driving crashes.

Performance Plan:

Schedule A

Goal Name Goal Type Goal Details
SFST Officer Training

2 Number to be Achieved 2

ARIDE Training

2 Number to be Achieved 2

SFST Instructor Training 1 Number to be Achieved 1

Press Release/ Announcements

4 Number to be Achieved 4

Saturation Patrols

42 Number to be Achieved 42

Project Performance Evaluation
Berkeley PD has a plan to evaluate the progress of each project and by the end of the grant term will be able to analyze the project success and share the results with internal and external stakeholders. This plan includes setting goals for each quarter with regard to training, public education (through media), and enforcement opportunities. At the end of each quarter the grant administrator will be able to use appropriate data to support the progress of goals and objectives set.

Program Sustainability
With more officers trained in SFST’s, ARIDE, and DRE, there will be more personnel on patrol who actively engage in and seek out assignments in both our DUI detection and apprehension efforts in the course of their current work assignment. As other officers see the success of this training and the resultant reduction in the number of impaired drivers, they will likely be motivated to seek out ways to receive this training as well. Having well trained officers will allow our agency to come up with more innovative approaches to combat impaired driving.

Grant funding builds upon our current traffic safety efforts by allowing officers more opportunities to work saturation enforcement to address impaired driving— in addition to and outside of their regularly scheduled duties. Additionally, the funds provide greater opportunity for community outreach focused on impaired driving through education, by way of utilizing a variety of media outlets.

Administrative Support
The department maintains a fulltime Traffic Data Analyst within the Traffic Bureau for b oth collision data analysis and reporting. In addition, the department has a full-time civilian Administrative and Fiscal Manager, who has several years of successful management experience with grant programs at both state and local levels. We also have an Assistant Fiscal/Management Analyst whose responsibilities include preparation of fiscal reporting and justification. The Assistant Fiscal/Management Analyst and the Traffic Bureau Sergeant work in unison to effectively manage and deploy grant resources.

Schedule B

Detailed Budget Estimate

Award Number Organization/Agency Total Amount
9588 Berkeley Police $112,336.60

Cost Category Line Item Name Total Cost to Grant

Personnel
Salary overtime DUI Saturation $96,320.00
Benefits overtime DUI saturation $10,016.60
Category Sub-Total $106,336.60
Travel
SFST $1,500.00
ARIDE $1,500.00
SFST Instructor $3,000.00
Category Sub-Total $6,000.00

Grant Total $112,336.60

Schedule B-1

Budget Narrative

Personnel

Salary overtime DUI
Saturation $96,320.00

660 hours of DUI saturation patrols @ a range of $138.88 - $168.00 per hour.

There are several Lieutenants have been proactive in their DUI enforcement effort for a number of years. We would like to give them an opportunity participate in saturation patrols as they can help younger officers become more proficient in their enforcement efforts. Therefore we are asking for a range depending on whether an officer or lieutenant is working.

Benefits overtime DUI
saturation $10,016.60

9.83% for benefits (WC 8.38 and Medicare 1.45%)

Travel

SFST $1,500.00

When the SFST Schedule of classes is updated for this grant time-period we would like to send 2 officers to a location in northern CA. Some recent options have been Rhonert Park, Citrus Heights and Edwards. The 3-day class cost estimates would include but not exceed: per diem $185 per officer, lodging $465 per officer, and $200 per officer. This training would ideally be completed in the 1st and 2nd quarter.

ARIDE $1,500.00

When the ARIDE Schedule of classes is updated for this grant time-period we would like to send 2 officers to a location in northern CA. Some recent options have been Placerville, Citrus Heights and Edwards. The 2-day class cost estimates would include but not exceed: per diem $111 per officer, lodging $400 per officer, and $239 per officer. This training would ideally be completed in the 3rd quarter.

SFST Instructor $3,000.00

There is a SFST Instructor class in Glendale in the 1st quarter of this grant period. This 5-day class for 1 officer cost estimates would include but not exceed: per diem $333, lodging $1333, and $1334 for travel.

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
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Contract No. 32000078 Amendment DC Electric Group, Inc. for On-Call Electrical Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32000078 with DC Electric Group, Inc. for on-call electrical services, increasing the current contract by $100,000 for a total not to exceed amount of $175,000 and extending the contract through June 30, 2025.

FISCAL IMPACTS OF RECOMMENDATION
Street Light Assessment
District Fund
142-54-624-694-3018-000-426-612990- $50,000
Measure BB – Local
Streets and Road
134-54-624-695-0000-000-431-612990- $3,000
Initial funding in the amount of $3,000 is available in the FY 2023 budget in Fund 134. Funding from Fund 142 in the amount of $50,000 will be carried over from FY 2022 to FY 2023 and be included in the First Amendment to the FY 2023 Annual Appropriations Ordinance. The remaining amount will be authorized by task order from similar program budgets on an as-needed basis.

CURRENT SITUATION AND ITS EFFECTS
The Public Works Electrical Division supports the City’s electrical needs and occasionally requires additional outside support or expertise. DC Electric Group, Inc. (DC Electric) provides emergency repairs for damaged street light poles, Marina pier lights, traffic signals, electrical wiring, and electrical component installation as needed for City renovations and upgrades.

Amending the DC Electric contract supports the City’s Strategic Plan Priority of providing state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND

Contract No. 32000078 Amendment DC Electric Group, Inc. CONSENT CALENDAR for On-Call Electrical Services July 26, 2022

On November 3, 2016, Public Works issued a Request for Proposals, Specification No. 16-11076-C for electrical on-call services. Four proposals were submitted and two vendors were selected to ensure the availability of these services in the event of an emergency. Both DC Electric and Colombia were selected and contract with the City.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identified environmental or climate impacts associated with the subject of this report.

RATIONALE FOR RECOMMENDATION
DC Electric continues to provide responsive service to the City of Berkeley and are needed to supplement the City’s in-house Electrical Division.

ALTERNATIVE ACTIONS CONSIDERED
None. The City does not have adequate resources to provide the required repairs, replacement and maintenance in a timely and cost-effective manner.

CONTACT PERSON
Joy Brown, Operations Manager, Public Works, (510) 981-6629 Aaron Baker, Facilities Superintendent, Public Works, (510) 981-6452 Andrew Brozyna, Deputy Director Public Works, (510) 981-6396 Attachment:
1: Resolution

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

CONTRACT NO. 32000078 AMENDMENT DC ELECTRIC FOR ON-CALL

ELECTRICAL SERVICES
WHEREAS, the City periodically requires emergency and non-emergency on-call electric services for repair, maintenance, replacement and installation of various electrical equipment in City facilities, and for traffic signals, street lights and other infrastructure at various locations; and
WHEREAS, the City does not have sufficient resources to provide the required repairs, replacement and maintenance in a timely or cost-effective manner; and WHEREAS, the City issued a Request for Proposal (RFP) Specification No. 16-11076-C for on-call electrical services on November 3, 2016, four contractors responded to the RFP on December 8, 2016, and two contractors met all requirements and specifications of the proposal; and
WHEREAS, staff reviewed and evaluated all proposals submitted and contracted with DC Electric Group, Inc. and Columbia Electric, Inc.; and
WHEREAS, this is an on-call contract and no costs will be incurred until applicable emergencies or City projects emerge; and
WHEREAS initial funding is available in the Street Light Assessment District Fund 142 and Measure BB – Local Streets and Road Fund 134. The remaining amount will be authorized by task order from similar program budgets on an as-needed basis.

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. 32000078 with DC Electric Group, Inc. for on-call electrical services, increasing the current contract amount by $100,000 for a total not to exceed $175,000 and extending the contract through June 30, 2025.

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
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Contract No. 098713-1 (9488D) Amendment: Berry Brothers Towing for On- Call Towing Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 098713-1 with Berry Brothers Towing to provide towing services for the City’s Fleet equipment and vehicles, increasing the contract amount by $75,000 for a new not to exceed amount of $255,000 and extending the contract end date to June 30, 2025.

FISCAL IMPACTS OF RECOMMENDATION
Funding in the amount of $25,000 is available in the FY 2022 Equipment Maintenance Fund 672 (budget code: 672-54-626-722-0000-000-472-613110) which is the anticipated expenditure for the upcoming fiscal year. For future fiscal years, funding will be subject to appropriation.

CURRENT SITUATION AND ITS EFFECTS
The Equipment Maintenance Division supports the entire City’s fleet ranging from sedans to long haul trucks to fire engines. Equipment Maintenance does not have towing services in-house and relies on contracted services to tow equipment should there be a breakdown of equipment. Vehicles are towed either to the Equipment Maintenance shops at the Corporation Yard or the Transfer Station.

It is critical to have City vehicles serviced as quickly as possible and towing services support that effort. This contract amendment supports the City’s Strategic Plan Priority of advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
Berry Brothers Towing is one of four towing service companies selected through a 2013 RFP conducted by the City of Berkeley Police Department for their Rotation Tow Program (Specification No. 13-10726-C.). Berry Brothers Towing is equipped to tow the City’s larger fleet of vehicles such as Fire and Refuse trucks and offers on-call towing

Contract No. 098713-1 Amendment Berry Brothers Towing for On-Call Towing Services CONSENT CALENDAR July 26, 2022

services twenty-four hours per day, seven days per week. They have provided reliable and satisfactory towing services.

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

RATIONALE FOR RECOMMENDATION
This contract increase will provide continued as-needed towing services for the City’s large equipment and fleet vehicles.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered. Berry Bros was selected through a competitive bid process and has been providing consistent and satisfactory towing services for the City’s larger vehicles.

CONTACT PERSON
Greg Ellington, Equipment Maintenance Superintendent, Public Works, (510) 981-6469 Joy Brown, Operations Manager, Public Works, (510) 981-6629 Andrew Brozyna, Deputy Director of Public Works, Public Works, (510) 981-6369 Attachment:
1: Resolution

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

CONTRACT NO. 098713-1 AMENDMENT BERRY BROTHERS TOWING FOR ON-

CALL TOWING SERVICES
WHEREAS, the services provided by Berry Brothers Towing are needed by the Department of Public Works Equipment Maintenance Division for towing large fleet equipment and vehicles; and
WHEREAS, Berry Brothers Towing was selected through a request for proposals conducted by the City of Berkeley Police Department in 2013, (Specification No. 13- 10726-C); and
WHEREAS, the City Manager authorized an amendment to Contract No. 9488 increasing the contract by $10,000 to fund services for the period October 1, 2013 through September 30, 2015; and
WHEREAS, on April 28, 2015, by Resolution No. 66,997-N.S., City Council authorized the amendment of Contract No. 9488A, increasing the contract by $50,000 for a revised total not to exceed amount of $90,000 and extending the contract term to June 30, 2017; further extended to December 31, 2018 by authorization of the City Manager’s letter dated June 15, 2017; and
WHEREAS, on July 11, 2018, by Resolution No. 68,083-N.S., City Council authorized amendment of Contract No. 9488B, increasing the contract by $20,000 for a revised total not to exceed amount of $110,000 and extending the contract term to June 30, 2019; and Whereas on July 9, 2019, by Resolution No. 69,019-N.S. City Council authorized amendment of Contract No. 9488C increasing the contract by $70,000 for a revised total not to exceed amount of $180,000 and extended the contract term to June 30, 2021; and WHEREAS, by authorization of the City Manager’s letter extended the contract term through June 30, 2023; and
WHEREAS, funding for this contract amendment is available from Equipment Maintenance Fund 672; and funding for future fiscal years is subject to appropriation.

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. 098713-1 with Berry Brothers Towing to provide towing services for the City’s Fleet equipment and vehicles, increasing the contract by $75,000 for a new total not to exceed amount of $255,000 and extend the contract term through June 30, 2025.

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
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Contract No. 32000128 Amendment: Wood Environment & Infrastructure Solutions, Inc. for On-Call Environmental Consulting Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000128 with Wood Environment & Infrastructure Solutions, Inc. to increase the contract for on-call environmental consulting services by $400,000 for a new not to exceed amount of $700,000 and extend the contract term through November 30, 2025.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this contract amendment will be supported by multiple departments.

Funding as outlined below is currently available in the FY 2023 budget:

Department / Fund ERMA Account Code Amount
Public Works – Capital
Improvements
501-54-623-677-0000-000-444-612990- $30,000
Public Works – Clean Storm 616-54-623-675-0000-000-472-612990- $40,000 HHCS – Environmental Health 011-51-502-511-0000-000-451-612990- $60,000 All of the funding listed above is in the FY 2023 budget except for HHCS. Those funds will be carried over from FY 2022 to FY 2023 and be included in the First Amendment to the FY 2023 Annual Appropriations Ordinance.

Additional funding is subject to appropriation as needed for services during the contract term.

CURRENT SITUATION AND ITS EFFECTS
Wood Environment & Infrastructure (Wood) aids the Public Works Department’s Zero Waste Division with stormwater management and environmental consulting services which are needed to comply with the requirements of the City’s Solid Waste Management Center and Transfer Station’s (Transfer Station) Industrial Storm Water Permit. This Storm Water Permit also includes areas occupied by the Ecology Center and Community Conservation Centers, Inc.

Contract No. 32000128 Amendment: Wood Environment & Infrastructure Solutions, Inc. CONSENT CALENDAR for On-Call Environmental Consulting Services July 26, 2022

Wood performs sampling and testing of soils, groundwater, and surface water; and provides guidance and planning (including best management practices) to ensure the City remains in compliance with the permit. There are several upcoming Capital Improvement Program projects that will also necessitate the utilization of these environmental services including the removal of underground storage tanks at the Transfer Station. The Engineering Division will also require consultation to support compliance with the Municipal Storm Water Permit.

In addition, Wood provides on-call services to the Environmental Health Division of the Health, Housing, and Community Services Department including technical assistance with monitoring and compliance with the state maximum contaminant levels and with troubleshooting of water quality issues at the Aquatic Park Lagoon.

This contract amendment supports the Strategic Plan Priority of providing state-of-the- art, well-maintained infrastructure, amenities, and facilities as well as being a global leader in addressing climate change, advancing environmental justice, and protecting the environment.

BACKGROUND
In November 2019, City Council authorized the City Manager, by Resolution No. 69,172- N.S., to enter into a contract with Wood Environment & Infrastructure Solutions, Inc. (Wood) for on-call environmental consulting services in an amount not to exceed $300,00 through December 31, 2022.

This is a Citywide contract supporting multiple departments as needed to assist with ongoing environmental compliance, consulting needs for planned or ongoing projects, and for unanticipated environmental consulting needs. Wood has consistently provided high-quality, timely, and professional services to the City. To avoid service interruption, staff recommends City Council adopt a resolution authorizing the City Manager to execute a contract amendment with Wood to increase the contract by $400,000 for a new not to exceed amount of $700,000 and extend the contract through November 30, 2025.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The services Wood currently provides improve stormwater quality and help minimize the effects of stormwater runoff at the City’s Transfer Station that could otherwise negatively impact the water quality of the San Francisco Bay. In addition, services also support and improve the health of the Aquatic Park Lagoon. There are no identified climate impacts.

RATIONALE FOR RECOMMENDATION
This is a Citywide contract supporting crucial work of multiple departments as needed to assist with ongoing environmental compliance, consulting needs for planned or ongoing projects, and for unanticipated environmental consulting needs. Wood has consistently provided high-quality, timely, and professional services to the City.

Contract No. 32000128 Amendment: Wood Environment & Infrastructure Solutions, Inc. CONSENT CALENDAR for On-Call Environmental Consulting Services July 26, 2022

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered. The City currently contracts with two other on- call environmental firms to meet service needs.

CONTACT PERSON
Joy Brown, Public Works Operations Manager, Public Works, (510) 981-6629 Ronald Torres, Manager of Environmental Health, Health, Housing and Community Services, (510) 981-5261
Joe Enke, City Engineer, Public Works (510) 981-6411
Andrew Brozyna, Deputy Director of Public Works, (510) 981-6396 Attachment:
1: Resolution

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

CONTRACT NO. 32000128 AMENDMENT: WOOD ENVIRONMENT AND
INFRASTRUCTURE SOLUTIONS, INC. FOR ON-CALL ENVIRONMENTAL

CONSULTING SERVICES
WHEREAS, on July 24, 2019 the City released a Request for Qualifications (Specification No. 19-11329-C) seeking firms or individuals to provide on-call environmental consulting services; and
WHEREAS, on August 20, 2019, the City received 12 submissions, which were reviewed and rated, and the submission from Wood Environment & Infrastructure Solutions, Inc. was found to be fully qualified and responsive to the City’s request; and WHEREAS, on November 12, 2019, by Resolution No. 69,172 City Council authorized the City Manager to enter into a contract with Wood Environment& Infrastructure Solutions, Inc. in an amount not to exceed $300,00 through December 31, 2022; and WHEREAS, funding is available in the FY 2023 budget in the Clean Storm Fund 616 and Capital Improvements Fund 501. Funding for Environmental Health Fund 011 will be carried over from FY 2022 to FY 2023 and be included in the First Amendment to the FY 2023 Annual Appropriations Ordinance. Additional funding is subject to appropriation as needed for services during the contract term.

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. 32000128 with Wood Environment & Infrastructure Solutions, Inc. for on-call environmental consulting services increasing the contract by $400,000 for a new not to exceed amount of $700,000 and extend the contract through November 30, 2025. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works,
Michael Sinor, Interim Director, Information Technology Subject: Contract No. 32100072 Amendment: CycloMedia Technology, Inc. for Geographic Information System Infrastructure Data

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100072 with CycloMedia Technology Inc. for Geographic Information System Infrastructure asset data acquisition and ongoing data access to increase the contract amount by $100,000 for an amount not to exceed $287,401, adopt the use policy, and extend the contract term through December 30, 2025.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available in the FY 2023 budget in the following funds:

Department / Fund ERMA Account Code Amount
FY 2023
Public Works – Street Light
Fund
142-54-621-654-0000-000-426-612990 $8,000
Public Works – Clean Storm
Fund
616-54-623-675-0000-000-472-612990 $8,000
Public Works – State
Transportation Tax (SB1) Fund
127-54-622-668-0000-000-431-612990 $2,000
Public Works – On Street
Parking Fund
631-54-622-666-0000-000-473-651110- $8,000
Information Technology – IT
Cost Allocation Fund
680-35-362-377-0000-000-472-612990 $16,000
Total FY 2023 Amount $42,000
The first year of data renewal is $41,100, and the annual license access fee for subsequent years will be $4,110 per year. Additional funding for the remaining contract term will be appropriated in future fiscal years.

CURRENT SITUATION AND ITS EFFECTS

Contract No. 32100072 Amendment: CycloMedia Technology, Inc. CONSENT CALENDAR for Geographic Information System Infrastructure Data July 26, 2022

In December 2020, CycloMedia Technology, Inc. (CycloMedia) collected 360-degree imagery data and imported the information into the Nexgen work order and asset management system. The dataset resulted in high definition, three-dimensional maps, and related data showing precise measurements for distances, clearances, elevations, and other aspects of critical infrastructure. Staff currently use images to perform bike lane assessments, identify damaged infrastructure, inventory city trees, adjust parking lines and signage, as well as inventory city traffic signals. To see the usefulness of the software, a screenshot of transportation-related assets was extracted from CycloMedia and imported into the NexGen system (Attachment 2). CycloMedia also offers Street Smart software which is the interactive web viewer for all Cyclomedia content and allows staff to access the City’s collected data, as shown in Attachment 3.

The asset information collected by CycloMedia is utilized by staff for remote verification of City assets and infrastructure.

Several city projects and strategic initiatives now benefit from having access to high- quality and accurate street-level imagery including:
• Improved emergency operations situational awareness
• Improved planning and development using imagery
• Remote asset condition assessment (building faces and road surfaces) • Improved remediation planning (accurate measurements of repair and replace operations)
• Improved community engagement for planning, proposals, and visualization • Improved communication across internal stakeholders with common access to imagery and associated data.

The CycloMedia contract supports the Strategic Plan goal of providing state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
The City maintains a vast portfolio of public infrastructure assets in the public right- of-way: 142 traffic lights, over 8,000 street lights with 3,200 city-owned street light poles, 214 miles of streets, 400 miles of sanitary sewers, 78 miles of storm sewers, 2500 street signs, 35,000 trees, 300+ miles of walkways, 325 retaining walls, and over 3,750 parking meters.

Geographic Information Systems (GIS) support the activities of the City and its community. The City of Berkeley Enterprise GIS empowers staff and the community to make decisions that impact the future of the City of Berkeley in a conversant and logical approach by allowing access to geospatial data.

On November 02, 2016, the City Manager signed the original contract with Geographic Technologies Group (GTG) to develop a GIS Master Plan. On September 08, 2017, the

Contract No. 32100072 Amendment: CycloMedia Technology, Inc. CONSENT CALENDAR for Geographic Information System Infrastructure Data July 26, 2022

City Manager amended the original contract to include additional tasks including conducting a comprehensive GIS data assessment.

On August 15, 2019, the City issued a Request for Proposals (RFP) for 360-degree street-level imagery under Specification No.19-11279-C. CycloMedia Technology, Inc. met the City's operational, technology, and fiscal requirements.

On June 24, 2020, after review and discussion of the Street Level Imagery Acquisition Report and Use Policy (Attachment 4), the Police Review Commission unanimously recommended proceeding with CycloMedia Technology.

On June 30, 2020, City Council Resolution 69,482-N.S. authorized the City Manager to execute a contract with Cyclomedia in an amount not to exceed $187,401.

On May 10, 2022, City Council Resolution 70,353-N.S. accepted the Surveillance Technology Report, and the street level imagery was processed through an object detection privacy filter to permanently blur faces and license plates including reflections.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Staff can view detailed images from throughout the city on their computers rather than going out into the field thus saving significant staff time and reducing the need for travel to address an issue which consequently reduces greenhouse gas emissions. The data is hosted remotely so there is no hardware overhead. This supports the reduction of carbon footprint and the goals of the City's Climate Action Plan.

RATIONALE FOR RECOMMENDATION
CycloMedia Technology, Inc. has over 30 years of professional experience and innovation in street-level imagery collection and analysis, including Light Detection and Ranging (LiDAR) and asset extraction. CycloMedia Technology, Inc. has served clients similar in population to the City of Berkeley and has provided statewide services to Pacific Gas & Electric (PG&E).

The imagery and extracted data enable staff to better serve the public by:
• Saving time, effort, and money by doing virtual inspections and automated asset management
• Optimizing asset inventory & condition assessment (Public Works) • Optimizing and updating building and zoning review processes (Planning) • Responding to emergencies with knowledge and confidence through better situational awareness (Fire)
• Monitoring, analyzing, and documenting existing street conditions (Transportation)
The collected data also addresses a series of requirements from the City's insurer, the California Joint Powers Insurance Authority.

Contract No. 32100072 Amendment: CycloMedia Technology, Inc. CONSENT CALENDAR for Geographic Information System Infrastructure Data July 26, 2022

ALTERNATIVE ACTIONS CONSIDERED
None. This service allows City staff continued access to data that would otherwise be unavailable to inform decisions about asset management and GIS layers.

CONTACT PERSON
Joy Brown, Operations Manager, Public Works, (510) 981-6629 Farid Javandel, Transportation Manager, Public Works (510) 981-7061 Andrew Brozyna, Deputy Director, Public Works (510) 981-6396 Barry Jennings, Senior Systems Analyst, Information Technology, (510) 981-6532 Attachments:
1: Resolution

2. CycloMedia – Street Smart Screen Shot

3. NexGen Screen Shot of CycloMedia Captured and Imported Assets

4. Street Level Imagery Use Policy

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

CONTRACT NO. 32100072 AMENDMENT: CYCLOMEDIA TECHNOLOGY, INC. FOR

GEOGRAPHIC INFORMATION SYSTEM INFRASTRUCTURE DATA
WHEREAS, the City of Berkeley needs access to its 360-degree street-level imagery and infrastructure assets to support data inventories in Geographic Information Systems; and WHEREAS, on August 15, 2019, the City issued a Request for Proposals (RFP) for 360- degree street-level imagery under Specification No.19-11279-C. CycloMedia Technology, Inc. met the City's operational, technology, and fiscal requirements; and WHEREAS, on June 24, 2020, after review and discussion of the Street Level Imagery Acquisition Report and Use Policy, the Police Review Commission unanimously recommended proceeding with CycloMedia Technology; and
WHEREAS, on June 30, 2020, City Council Resolution 69,482-N.S. authorized the City Manager to execute a contract with Cyclomedia Technology, Inc. in an amount not to exceed $187,401; and
WHEREAS, funding for this contract amendment is available in the FY 2023 budget in the Street Light Fund 142, Clean Storm Fund 616, State Transportation Tax (SB1) Fund 127, On Street Parking Fund 631, and IT Cost Allocation Fund 680.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute an amendment to Contract No. 32100072 with CycloMedia Technology, Inc. for Geographic Information System infrastructure data to increase the contract amount by $100,000 for an amount not to exceed $287,401, adopt the use policy, and extend the contract term through December 30, 2025.

Attachment 2: Cyclomedia Technology, Inc. – Street Smart Screen Shot The screenshot shows geospatial data (12/17/2020) which informs staff of where city assets are located and provide historical records.

Attachment 3: NexGen Screen Shot of CycloMedia Captured and Imported Assets

Berkeley Information
Technology
Surveillance Use Policy
Street Level Imagery Project
A. PURPOSE
The City desires to hire a contractor, CycloMedia, to provide the City with location based 360- degree street level imagery of the City's infrastructure assets in the Public Right of Way including, but not limited to, street signs, traffic signals, pavement marking, trees, and storm drain infrastructure. CycloMedia will also provide the City with an application, Street Smart™, to access the street level imagery that is collected.

Street level imagery will be utilized exclusively by authorized City staff for infrastructure asset management and planning activities. The street level imagery of City infrastructure assets in the Public Right of Way that is provided to the City will not consist of information that is capable of being associated with any individual or group.

This policy identifies the information that is collected, how it will be used, by whom, and what precautions will be taken to ensure that any information that is capable of being associated with any individual or group is properly disposed of or protected.

B. AUTHORIZED USE
The 360-degree street level imagery that will be provided to the City will be used exclusively only by authorized City staff to create an accurate and current inventory for the following infrastructure assets:
• Bus pads / stops
• Pavement marking
• Maintenance Access Holes
• Storm drains
• Pavement Striping
• Signs
• Curb paint color
• Street trees
• Parking meters
• Traffic lights
• Pedestrian Signal
The information that is provided to the City consists of a high definition, three-dimensional map that provides precise measurements for distances , clearances and elevations to enable the City to remotely inspect the City's infrastructure assets in the Public Right of Way. Street level imagery will be incorporated into the City's Geographic Information System (GIS) and work order and asset management system and can be viewed from the desktop of only authorized City staff through the Street Smart™ application.

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
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: Grant Application: Highway Safety Improvement Program Cycle 11

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to submit a grant application to the California Highway Safety Improvement Program (HSIP) Cycle 11 for the following project: Protected Left-Turn Signals at multiple signalized intersections for up to $6 million, and accept the grant if awarded, and execute any resultant agreements and amendments.

FISCAL IMPACTS OF RECOMMENDATION
If awarded, this grant would provide a total of up to $6,000,000 of competitive grant revenue to the City’s State Capital Grants Fund (Fund 306) for traffic safety improvements at multiple signalized intersections starting in FY 2023. City matching funds are not required for this type of project under the HSIP program.

CURRENT SITUATION AND ITS EFFECTS
The HSIP provides funding to agencies to install specific counter measures to enhance traffic safety on public streets and highways. One of these counter measures is converting left turn phases at signalized intersections from permissive to protected. The term “permissive left turn” refers to the situation where drivers at signalized intersections make left turns using the same green light that is used by drivers continuing straight. This occurs in Berkeley where the signal face lacks a left-turn arrow to provide a dedicated phase for making a left turn. Drivers making a permissive left turn must yield to oncoming motor and bicycle traffic and pedestrians in the crosswalk that the driver’s vehicle is about to cross. Installation of signal heads with left-turn arrows allows for the provision of a “protected left turn” wherein the driver has a dedicated signal phase for making a left turn.

The driver is protected from oncoming traffic, which is stopped at a red light on the opposite side of the intersection, and pedestrians and bicyclists are protected from left- turning traffic due to proceeding during a separate signal phase. The locations included in the City’s Protected Left-Turn Signal project would be selected based on the number of reported crashes related to left turns, as required by the HSIP Program.

Grant Application: Highway Safety Improvement Program Cycle 11 CONSENT CALENDAR July 26, 2022

BACKGROUND
The proposed project is consistent with the City’s adopted Vision Zero Action Plan. The Plan show violations of the pedestrian right of way at a crosswalk as the second most prevalent traffic violation associated with severe and fatal collisions in Berkeley, after unsafe speed. The Plan also shows that failure to yield while making left or U-turns is the third most prevalent traffic violation associated with severe and fatal collisions in Berkeley. By providing a dedicated signal phase for left and U-turns at various locations, the Protected Left-Turn Signal Project will reduce collisions caused by driver failure to yield while making these maneuvers.

The overall purpose of the California HSIP is to achieve a significant reduction in traffic fatalities and serious injuries on all public roads through the implementation of infrastructure-related highway safety improvements. The California HSIP is part of the federal HSIP codified under 23 CFR 924.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The project in this grant application is designed to improve traffic safety for people walking and riding bicycles for transportation, consistent with the 2009 Berkeley Climate Action Plan Policy 5.a which calls for expanding and improving Berkeley’s bicycle and pedestrian infrastructure. The plan targets reducing transportation emissions by 80% below the year 2000 levels by 2050. The Plan further states that transportation modes, such as public transit, walking, and bicycling, must become the primary means of fulfilling the City’s mobility needs in order to meet these targets. Reducing the number of collisions involving left turn movements could also reduce the number of automotive fluid spills that may occur after serious collisions. Spilled automotive fluid could otherwise drain to the Bay and contaminate the soil.

RATIONALE FOR RECOMMENDATION
HSIP funding would allow the City to address traffic safety issues at multiple signalized intersections. The need for the project has been identified in the 2019 Berkeley Vision Zero Action Plan (Resolution No. 69,324-N.S.), as well as in the Berkeley Pedestrian Plan. These documents were the result of a robust public engagement process involving Transportation Commissioners and numerous other members of the Berkeley community.

Not applying would mean foregoing up to $6,000,000 in potential grant funding.

ALTERNATIVE ACTIONS CONSIDERED
The City could choose not to apply for these funds. However, no alternative funding source has been identified to complete this traffic safety project.

CONTACT PERSON
Farid Javandel, Transportation Division Manager, Public Works, 981-7061 Beth Thomas, Principal Planner, Public Works, 981-7068
Eric Anderson, Associate Planner, Public Works, 981-7062 Attachment:
1: Resolution

Attachment 1
RESOLUTION NO. -N.S.

GRANT APPLICATION: HIGHWAY SAFETY IMPROVEMENT PROGRAM FOR

PROTECTED LEFT-TURN SIGNALS AT MULTIPLE INTERSECTIONS
WHEREAS, the overall purpose of the California Highway Safety Improvement Program is to achieve a significant reduction in traffic fatalities and serious injuries on the State’s public roads through the implementation of infrastructure-related highway and street safety improvements; and
WHEREAS, funding for local agency infrastructure projects is available in Cycle 11 of the California Highway Safety Improvement Program; and
WHEREAS, permissive left turns at signalized intersections can lead to increased fatal and severe collisions; and
WHEREAS, the City has made a commitment to promoting projects that meet the City’s Vision Zero Policy (Resolution No. 68,371-N.S.) goal of zero fatal and severe collisions by 2028; and
WHEREAS, signal modifications to eliminate conflicts between left-turning traffic and pedestrians are among the potential safety improvement measures proposed in the 2020 Berkeley Pedestrian Plan; and
WHEREAS, if awarded, the grant funds will be placed in the City’s State Capital Grants Fund (Fund 306) starting in FY 2023.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to submit a grant application to the California Highway Safety Improvement Program for traffic safety improvements at certain signalized intersections citywide for the amount of up to $6 million, and accept the grants awarded, and execute any resultant agreements and amendments.

Disaster and Fire Safety Commission
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.CityofBerkeley.info/Manager

ACTION CALENDAR
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Disaster and Fire Safety Commission
Submitted by: Jose Luis Bedolla, Chairperson, Disaster and Fire Safety Commission Subject: Approval of Additional Disaster and Fire Safety Commission Meeting

RECOMMENDATION
Adopt a Resolution approving the request from the Disaster and Fire Safety Commission to hold one additional meeting in calendar year 2022.

FISCAL IMPACTS OF RECOMMENDATION
Minimal staff time and resources.

CURRENT SITUATION AND ITS EFFECTS
On April 27, 2022, the Disaster and Fire Safety Commission held special meetings to discuss and make recommendations on the Measure FF and Measure GG Budget as presented by the Berkeley Fire Department. Since this was a special meeting that was not on the regular meeting calendar, unless City Council approves an additional meeting, a regularly scheduled meeting during the remainder of the calendar year must be cancelled.

On May 25, the commission passed a motion to request approval for one additional meeting.

Motion to request from City Council one additional meeting for 2022: Dean, Second:

Bradstreet, Vote: (6 Ayes: Bedolla, Dean, Bradstreet, Cutler, Simmons, Degenkolb;; 0 Noes:; 2 Absent: Rader, Stein; 0 Abstain;)

BACKGROUND
On December 12, 2014, Berkeley City Council adopted Resolution No. 66,861-N.S. that established a Commission Meeting Frequency Schedule for 2015. The Disaster and Fire Safety Commission was allocated a maximum of ten meetings a year. Additional meetings require Council approval.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
None.

Approval of Additional Disaster and Fire Safety Commission Meeting ACTION CALENDAR July 26, 2022

RATIONALE FOR RECOMMENDATION
If an additional meeting is not approved, the regular commission meeting scheduled for December 7, 2022 must be cancelled. The lack of these meetings would result in an approximately 3 month gap in meeting for the commission. In addition, December 7 Disaster and Fire Safety Commission meeting is a critical meeting and opportunity for public input within the Community Wildfire Protection Plan (CWPP) development process.

ALTERNATIVE ACTIONS CONSIDERED
None.

CITY MANAGER
The City Manager concurs with the content and recommendations of the Commission’s Report.

CONTACT PERSON
Keith May, Assistant Fire Chief, Berkeley Fire Department, 510-981-5508 Attachments:
1: Resolution

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

APPROVAL FOR ONE ADDITIONAL DISASTER AND FIRE SAFETY COMMISSION MEETING IN CALENDAR YEAR 2022
WHEREAS, on December 12, 2014, the Berkeley City Council adopted Resolution No. 66,861-N.S. that established a Commission Meeting Frequency Schedule which limited the Disaster and Fire Safety Commission to a frequency of 10 meetings during calendar year 2022; and
WHEREAS, the Disaster and Fire Safety Commission convened a special meeting on April 27, 2022 to make a recommendation on the Measure FF and Measure GG Budget and Expenditures as presented by the Fire Department; and WHEREAS, without City Council approval for additional meetings, the Disaster and Fire Safety Commission meetings scheduled for December 7, 2022 will be cancelled; and WHEREAS, the Disaster and Fire Safety Commission passed a motion on May 25, 2022, to request from City Council one additional meeting for 2022, Motion: Dean, Second:

Bradstreet, Vote: (6 Ayes: Bedolla, Dean, Bradstreet, Cutler, Simmons, Degenkolb;; 0 Noes:; 2 Absent: Rader, Stein; 0 Abstain)
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council authorized the Disaster and Fire Safety Commission to convene for one additional meeting in calendar year 2022.

Office of the Mayor
2180 Milvia Street, Berkeley, CA 94704 • Tel: (510) 981-7100 • TDD: (510) 981-6903 • Fax: (510) 981-7099 E-mail: [email protected]

CONSENT CALENDAR
July 26, 2022
To: Honorable Members of the City Council;
From: Mayor Jesse Arreguín
Subject: Authorize Three Additional Meetings in 2022 for the Homeless Services Panel of Experts

RECOMMENDATION
Authorize three additional meetings for the Homeless Services Panel of Experts for the calendar year, 2022.

CURRENT SITUATION AND ITS EFFECTS
The Homeless Services Panel of Experts (HSPE) has met three additional times prior to June 30, 2022 to make budget recommendations on the allocation of Measure P revenues. HSPE has also been merged with the Homeless Commission which now requires developing and reviewing policy recommendations on homelessness and reviewing and making recommendations for community agency funding.

HSPE needs to meet in September, October and November 2022 to conduct its regular work, incorporate the work of the Homeless Commission and prepare for the review of community-based organizations as required for future funding cycles.

FISCAL IMPACT
Staff time and commissioner stipends, if any.

CONTACT
Jesse Arreguín, Mayor (510) 981-7100

2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7170 ● TDD: (510) 981-6903 E-Mail: [email protected]

CONSENT CALENDAR
July 26, 2022
To: Honorable Mayor and Members of the City Council
From: Councilmember Rigel Robinson and Councilmember Sophie Hahn Subject: Resolution Supporting the Living Wage Act of 2022

RECOMMENDATION
Adopt a Resolution supporting the Living Wage Act of 2022 to increase the California state-wide minimum wage to $18 on a gradual timeline.

BACKGROUND
The Living Wage Act of 2022 is a ballot initiative that would increase the state’s minimum wage to $18/hr over a staggered and gradual timeline, with a wage increase of $1 every year. For employers with 26 or more employees, the $15 minimum wage would begin to increase in 2023, reaching $18 by January 1st, 2025. For employers with 25 or fewer employees, the minimum wage would begin to increase in 2024, reaching an $18 minimum wage by January 1st, 2026.1
The Living Wage Act would continue the increases in the minimum wage initiated by Senate Bill 3 (SB 3), authored by Senator Mark Leno in 2016. SB 3 increased the state’s minimum wage to $15 per hour also using a staggered timeline, with implementation dates depending on employer size. Under SB 3, the $15 minimum wage came into effect on January 1st, 2022 for employers of 26 or more employees, and will take effect on January 1st, 2023 for employers of 25 or fewer employees.

The City of Berkeley already enforces a higher minimum wage than the state, with an inflation adjusted rate set on July 1st of every year. The new wage increase is determined by the previous calendar year’s increase in the Consumer Price Index for urban wage earners and clerical workers in the San Francisco-Oakland-San Jose Area.2 Given that Berkeley’s current minimum wage is $16.99 per hour, it is likely that the local minimum wage will keep pace above the increases to the state minimum wage from the Living Wage Act of 2022. The following table lists the increases to the state minimum wage proposed by the Living Wage Act of 2022 and the already scheduled increases to the Berkeley minimum wage.
1 https://ballotpedia.org/California_$18_Minimum_Wage_Initiative_(2022) 2 https://berkeley.municipal.codes/BMC/13.99.040

Resolution Supporting the Living Wage Act of 2022 CONSENT CALENDAR July 26, 2022

Date of Effect Living Wage Act
(>25 workers / ≤25 workers)
Date of Effect Berkeley Minimum Wage
Jan. 1, 2022 $15.00 / $15.00 July 1, 2022 $16.99
Jan. 1, 2023 $16.00 / $15.00 July 1, 2023 $16.99 + CPI
Jan. 1, 2024 $17.00 / $16.00 July 1, 2024 2023 MW + CPI Jan. 1, 2025 $18.00 / $17.00 July 1, 2025 2024 MW + CPI Jan. 1, 2026 $18.00 / $18.00 July 1, 2026 2025 MW + CPI Jan. 1, 2027 $18.00 + CPI July 1, 2027 2026 MW + CPI

FINANCIAL IMPLICATIONS
None.

ENVIRONMENTAL SUSTAINABILITY
None.

CONTACT PERSON
Councilmember Rigel Robinson, Council District 7, (510) 981-7170 Attachments:
1: Resolution
2: Ballot Initiative Text:
https://ballotpedia.org/California_$18_Minimum_Wage_Initiative_(2022)

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

RESOLUTION IN SUPPORT OF THE LIVING WAGE ACT OF 2022
WHEREAS, the cost of living in California continues to increase dramatically due to unprecedented inflation and an ongoing housing crisis; and WHEREAS, a sufficient minimum wage is necessary to access fundamental human rights, including housing, food, and healthcare; and
WHEREAS, the COVID-19 pandemic has exacerbated economic instability for Californians, and workers are hesitant to rejoin a more hazardous workforce for insufficient wages; and
WHEREAS, the minimum wage for large employers in California has no future increases scheduled; and
WHEREAS, the Living Wage Act of 2022 proposes to raise the minimum wage by one dollar per hour each year for three years to $18 an hour by January 1, 2025; and WHEREAS, an insufficient minimum wage reinforces intergenerational income inequality and perpetuate historical inequities that disproportionately impact people of color; and
WHEREAS, the lowest-paid workers in the state would gain $6,000 per year in full time employment if the measure passes; and
WHEREAS, the Living Wage Act of 2022 has already collected more than one million signatures and is scheduled to be on the November ballot.

NOW THEREFORE, BE IT RESOLVED that the City of Berkeley hereby endorses the Living Wage Act of 2022; and
BE IT FURTHER RESOLVED that the City of Berkeley may be listed as a supporter by the official proponents of the measure; and
BE IT FURTHER RESOLVED that copies of this resolution will be sent to Senator Nancy Skinner, Assemblymember Buffy Wicks, and Governor Gavin Newsom.

Kate Harrison
Councilmember District 4
2180 Milvia Street, Berkeley, CA 94704 Tel: 510.981.7140 TDD: 510.981.6903 E-Mail: [email protected]

REVISED

AGENDA MATERIAL
for Supplemental Packet 1

Meeting Date: February 25, 2020

Item Number: 23

Item Description: Surveillance Technology Report, Surveillance Acquisition Report, and Surveillance Use Policy for Automatic License Plate Readers, GPS Trackers, and Body Worn Cameras

Submitted by: Councilmember Harrison

Revisions

Revised the following Berkeley Police Department (BPD) proposed Policies 422, Policy 1302 and 1302(a) as follows:

1. Clarified that the intended purpose of ALPR technology is to capture and store digital license plate data and images for parking and scofflaw enforcement, while also recognizing data retained by BPD (limited to positive ALPR hits) may only be used to support specific criminal investigations.

2. Removed blanket provision that reasonable suspicion or probable cause is not required before ALPR use.

3. Removed ALPR crime scene canvass provision and blanket policy of entering plates into the ALPR system in an attempt to identify suspect vehicles.

4. Clarified that it shall be a violation of City policy to share a login with anyone outside of the City of Berkeley, except in cases of disaster or emergency that do not allow time for proper procedures to be followed.

5. Clarified that unauthorized access or data breaches shall be reported immediately to the City Manager.

6. Consistent with the Surveillance Ordinance BMC 2.99.020 (2) (a), clarified that third-party data-sharing shall be subject to non-privileged and non-confidential City Council notification.

Rationale

Proposed Policies 1302 and 422 inappropriately expand the scope of permitted deployments of Automated License Plate Readers (ALPR) to “support criminal investigations” and “canvass license plates around any crime scene.” Both polices instruction officers that “[p]artial license plates reported during major crimes should be entered into the ALPR system in any attempt to identify suspect vehicles." 1

Council has neither given policy nor budgetary approval for such proposed ALPR uses and therefore the Resolution as proposed by staff should not be accepted without revision.

The proposed BPD Policies 1302 and 422 are inconsistent with the scope of the following effective Council and BPD policies regarding ALPR:

1. Resolution No. 68,085-N.S.

• Resolution No. 68,085-N.S. authorizes the collection of ALPR data for a single use: anonymized parking data supporting the goBerkeley parking program.

2. July 11, 2017 City Council Annotated Agenda

• The Annotated Agenda notes Council direction to the City Manager to amend Section 7.f of General Administrative Order #0001-2016 to defer any release of data until the surveillance policy and ordinance are adopted. To date, the City Manager has not amended Order #0001- 2016.

3. BPD General Administrative Order #001-2016

• Section 1 of the effective BPD General Administrative Order #001-2016 specifies that only the BPD Parking Enforcement and Traffic Units may use ALPRs.

• Section 9 specifies further that “parking and scofflaw enforcement” are the only permitted use and deployment for ALPR technology in the City of Berkeley.

4. Contract No. 9977

• The scope of Contract No. 9977 is limited to the purchase of ALPR units in service of parking enforcement activities.

Attachments

1 Sections 1302.2 (b) - (c); Sections 422.4 (b) - (c).

1. Revised Policies 422, Policy 1302 and 1302(a)

2. July 11, 2017 City Council Annotated Agenda

3. BPD General Administrative Order #001-2016

4. Contract No. 9977

PROPOSED D4 AMENDMENTS
BPD Policy Manual 422
Automated License Plate Readers (ALPRs)
422.1 PURPOSE AND SCOPE
The purpose of this policy is to provide guidance for the capture, storage and use of digital data obtained through the use of Automated License Plate Reader (ALPR) technology. 422.2 POLICY
The policy of the Berkeley Police Department is to utilize ALPR technology to capture and store digital license plate data and images for parking and scofflaw enforcement while recognizing the established privacy rights of the public. All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review. 422.3 ADMINISTRATION
Any installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Investigations Division Captain. The Investigations Division Captain will assign members under his/her command to administer the day-to-day operation of the ALPR equipment and data. 422.3.1 ALPR ADMINISTRATOR
The Investigations Division Captain, or his/her designee, shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code§ 1798.90.5 et seq. This includes, but is not limited to (Civil Code§ 1798.90.51; Civil Code§ 1798.90.53):
(a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information. (b) Training requirements for authorized users.
(c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws.
(d) Procedures for system operators to maintain records of access in compliance with Civil Code § 1798.90.52.
(e) The title and name of the current designee in overseeing the ALPR operation. (f) Ensuring this policy and related procedures are conspicuously posted on the City's website. 422.4 USE OF THE ALPR
The intended purpose ofAn ALPR shall only be used is for official law enforcement business parking and scofflaw enforcement.

Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53).

PROPOSED D4 AMENDMENTS
(a) An ALPR may be used by Berkeley Police Department Parking Enforcement for parking and scofflaw enforcement.
(b) An ALPR data obtained from parking and scofflaw enforcement may be used to support a specific criminal investigations. Reasonable suspicion or probable cause is not required before using an ALPR. (c) While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped vehicles to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles.

No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training.

No ALPR operator may access California Law Enforcement Telecommunications System (CLETS) data unless otherwise authorized to do so. If practicable, the officer should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert. 422.5 DATA COLLECTION AND RETENTION
All data and images gathered by an ALPR are for the official use of the Berkeley Police Department. Such data may contain confidential CLETS information and is not open to public review.

The Investigations Division Captain, or his/her designee, is responsible for ensuring proper collection and retention of ALPR data.

Technical support and assistance shall be provided by the City of Berkeley's Information Technology (IT Department and associated ALPR system providers/vendors as identified below.

IT staff will not have the ability to access or view individual records or reports, as they may contain CLETS information they are not authorized to receive. IT's role will be limited to providing initial infrastructure set-up, unless particular IT staff members have been cleared by DOJ background checks and authorized by the Chief of Police to receive ALPR records.

All ALPR data downloaded to the server should be stored for a minimum of one year (Government Code § 34090.6) and in accordance with the established records retention schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence. (a) Collected images and metadata of reads showing violations will not be stored for more than 365 days.
(b) Metadata of reads showing violations will be stored for up to30 days. Images of reads not showing violations will not be transferred to the server.
422.6 ACCOUNTABILITY

PROPOSED D4 AMENDMENTS
All saved data will be safeguarded and protected by both procedural and technological means. The Berkeley Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code§ 1798.90.51; Civil Code§ 1798.90.53):
(a) Non-law enforcement requests for access to stored ALPR data shall be processed according to the Records Maintenance and Release Policy in accordance with applicable law. (b) Non-law enforcement requests for information regarding a specific vehicle's license plate may be honored when the requester is the registered owner of the vehicle in question, and when providing such information will not invade the privacy of a third party. The requestor in such cases must provide acceptable proof of his or her identity and of ownership of the vehicle in question. (c) All ALPR data downloaded to any workstation or server shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code§ 1798.90.52). It shall be a violation of this policy to share a login with anyone outside of the City of Berkeley, except in cases of disaster or emergency that do not allow time for proper procedures to be followed.
(d) Berkeley Police Department members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action or parking enforcement.
(e) Aggregated ALPR data not related to specific criminal investigations shall not be released to any local, state or federal agency or entity without the express written consent of the City Manager. (f) Measures will be taken to ensure the accuracy of ALPR information. Errors discovered in ALPR data collected by ALPR units shall be marked, corrected or deleted in accordance with the type and severity of the error in question.
(g) ALPR system audits will be conducted by the Professional Standards Bureau's Audit and Inspections Sergeant on a regular basis, at least biannually. For security or data breaches, see the Records Release and Maintenance Policy. Any unauthorized access or data breach shall be reported immediately to the City Manager.
422.7 RELEASING ALPR DATA
The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law, using the following procedures:
(a) The agency makes a written request for the ALPR data that includes:

1. The name of the agency.

2. The name of the person requesting.

3. The intended purpose of obtaining the information.

4. The related case number.

PROPOSED D4 AMENDMENTS
(b) The request is reviewed by the Investigations Division Captain, or his/her designee, and approved before the request is fulfilled.
(c) The approved request is retained on file. Requests for ALPR data by non-law enforcement or non- prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55).

ALPR data is subject to the provisions of the Berkeley Police Department's Immigration Law Policy, and hence may not be shared with federal immigration enforcement officials.

Third-party data-sharing shall be subject to non-privileged and non-confidential City Council notification pursuant to BMC 2.99.020 (2) (a).
422.8 SCOFFLAW ENFORCEMENT
The Berkeley Police Department uses ALPR technology in the Parking Enforcement Unit for parking and scofflaw enforcement.

The Parking Enforcement Unit will utilize vehicles equipped with ALPR units to conduct enforcement of posted time limits in commercial areas and Residential Preferential Parking (RPP) permit areas. These ALPR's will also access information in the DMV's Stolen Vehicle System (SVS) database for wanted and stolen vehicles.

The Scofflaw Enforcement program (often referred to as the "booting" program) utilizes an ALPR to scan license plates and check the scanned "reads" against a list of vehicles which have five or more outstanding parking citations exceeding 30 days old. Typically, upon a confirmed "hit," the vehicle is immobilized with a "boot", or towed, and the owner has to pay the outstanding citations and fees in order to release the boot and/or recover their car from storage. This allows the City to recover outstanding citation fees.

The contracted vendor for the City's Scofflaw Enforcement program is currently Paylock. Paylock stores data on a secure server, and provides access to authorized personnel via Paylock's "Bootview" secure website.

When a car is booted and/or towed, the read, hit and photographic data relating to the booting and/or towing of scofflaw vehicles is uploaded to Paylock's secure server. No other data is uploaded to Paylock's secure server.

The City's Parking Enforcement ALPR vendor (currently Genetec) will periodically provide reports to the City of Berkeley Transportation Division's "goBerkeley" parking management program so that it can analyze data about parking demand. These reports will not contain any information about a vehicle's license plate number, the name of the registered owner, address of registered owner, or any other information gleaned from the license plate number associated with a particular vehicle. Rather, the reports will consist of 100 percent anonymized information using identification numbers that are not associated with a particular license plate or registered owner.

The reports will provide only the date, time, location, approximate address, "go Berkeley" blockface ID, and RPP area in which a vehicle was observed. If a citation was not issued for an RPP or other time limit

PROPOSED D4 AMENDMENTS
violation, the report may also provide the reason a parking enforcement officer concluded there was no parking violation, e.g., RPP visitor pass, disabled placard or license plate, etc.

PROPOSED D4 AMENDMENTS
Surveillance Use Policy - ALPR
1302.1 PURPOSE
This Surveillance Use Policy is issued in compliance with BMC 2.99, and incorporates by reference language from the Berkeley Police Department ALPR Policy #422 and adds elements as required by BMC

2.99. The policy of the Berkeley Police Department is to utilize ALPR technology to capture and store digital license plate data and images for parking and scofflaw enforcement while recognizing the established privacy rights of the public.

All data and images gathered by the ALPR are for the official use of this department. Because such data may contain confidential information, it is not open to public review. (Ref. policy 422.2) 1302.2 AUTHORIZED AND PROHIBITED USES USE
Use of an ALPR is restricted to the purposes outlined below. Department members shall not use, or allow others to use the equipment or database records for any unauthorized purpose (Civil Code § 1798.90.51; Civil Code § 1798.90.53). (Ref. policy 422.4) (a) The intended purpose of An ALPR shall only be usedis for parking and scofflaw enforcement.official law enforcement business.

(b) An ALPR data obtained from parking and scofflaw enforcement may be used to support a patrol operation or specific criminal investigation. Reasonable suspicion or probable cause is not required before using an ALPR.
(c) While an ALPR may be used to canvass license plates around any crime scene, particular consideration should be given to using ALPR-equipped cars to canvass areas around homicides, shootings and other major incidents. Partial license plates reported during major crimes should be entered into the ALPR system in an attempt to identify suspect vehicles. 1302.3 DATA COLLECTION
All data and images gathered by an ALPR are for the official use of the Berkeley Police Department. Such data may contain confidential CLETS information and is not open to public review. ALPR information gathered and retained by this department may be used and shared with prosecutors or other law enforcement agencies only as permitted by law. (Ref. policy 422.5) 1302.4 DATA ACCESS
(a) No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training.
(b) No ALPR operator may access California Law Enforcement Telecommunications System (CLETS) data unless otherwise authorized to do so.

PROPOSED D4 AMENDMENTS
(c) If practicable, the officer should verify an ALPR response through the California Law Enforcement Telecommunications System (CLETS) before taking enforcement action that is based solely on an ALPR alert.
1302.5 DATA PROTECTION
All saved data will be safeguarded and protected by both procedural and technological means.

The Berkeley Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code§ 1798.90.51; Civil Code§ 1798.90.53) (Ref. policy 422.6):
(a) All ALPR data downloaded to any workstation or server shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code § 1798.90.52). It shall be a violation of this policy to share a login with anyone outside of the City of Berkeley, except in cases of disaster or emergency that do not allow time for proper procedures to be followed.
(b) Berkeley Police Department members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department-related civil or administrative action and parking enforcement.
(c) Aggregated ALPR data not related to specific criminal investigations shall not be released to any local, state or federal agency or entity without the express written consent of the City Manager. (d) Measures will be taken to ensure the accuracy of ALPR information. Errors discovered in ALPR data collected by ALPR units shall be marked, corrected or deleted in accordance with the type and severity of the error in question. Any unauthorized access or data breach shall be reported immediately to the City Manager.
1302.6 CIVIL LIBERTIES AND RIGHTS PROTECTION:

The Berkeley Police Department is dedicated to the most efficient utilization of its resources and services in its public safety endeavors. The Berkeley Police Department recognizes the need to protect its ownership and control over shared information and to protect the privacy and civil liberties of the public, in accordance with federal and state law. The procedures described within this policy (Data Access, Data Protection, Data Retention, Public Access and Third Party Data Sharing) protect against the unauthorized use of ALPR data. These policies ensure the data is not used in a way that would violate or infringe upon anyone's civil rights and/or liberties, including but not limited to potentially disparate or adverse impacts on any communities or groups.
1302.7 DATA RETENTION
The Investigations Division Captain, or his/her designee, is responsible for ensuring proper collection and retention of ALPR data. Technical support and assistance shall be provided by the City of Berkeley's Information Technology (IT) department and associated ALPR system providers/vendors as identified below. IT staff will not have the ability to access or view individual records or reports, as they may contain CLETS information they are not authorized to receive. IT's role

PROPOSED D4 AMENDMENTS
will be limited to providing initial infrastructure set-up, unless particular IT staff members have been cleared by DOJ background checks and authorized by the Chief of Police to receive ALPR records.

All ALPR data downloaded to the server should be stored for a minimum of one year (Government Code§ 34090.6) and in accordance with the established records retention schedule. Thereafter, ALPR data should be purged unless it has become, or it is reasonable to believe it will become, evidence in a criminal or civil action or is subject to a lawful action to produce records. In those circumstances the applicable data should be downloaded from the server onto portable media and booked into evidence. (Ref. policy 422.5)
(a) Collected images and metadata of hits will not be stored for more than 365 days. Metadata of reads will not be stored for more than 30 days. Images of reads will not be transferred to the server. 1302.8 PUBLIC ACCESS
(a) Non-law enforcement requests for access to stored ALPR data shall be processed according to the Records Maintenance and Release Policy in accordance with applicable law. (Ref. policy 422.6 (a)) (b) Non-law enforcement requests for information regarding a specific vehicle's license plate may be honored when the requester is the registered owner of the vehicle in question, and when providing such information will not invade the privacy of a third party. The requester in such cases must provide acceptable proof of his or her identity and of ownership of the vehicle in question. (Ref. policy 422.6 (b)) 1302.9 THIRD-PARTY DATA-SHARING
The ALPR data may be shared only with other law enforcement or prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law. ALPR data is subject to the provisions of BPD Policy 415, and hence may not be shared with federal immigration enforcement officials.

Requests for ALPR data by non-law enforcement or non-prosecutorial agencies will be processed as provided in the Records Maintenance and Release Policy (Civil Code § 1798.90.55).

Aggregated ALPR data not related to specific criminal investigations shall not be released to any local, state or federal agency or entity without the express written consent of the City Manager.

Third-party data-sharing shall be subject to non-privileged and non-confidential City Council notification pursuant to BMC 2.99.020 (2) (a).
(Ref. policy 422.6 (e))
1302.10 TRAINING
Training for the operation of ALPR Technology shall be provided by BPD personnel. All BPD employees who utilize ALPR Technology shall be provided a copy of this Surveillance Use Policy. 1302.11 AUDITING AND OVERSIGHT
ALPR system audits will be conducted by the Professional Standards Bureau's Audit and Inspections Sergeant on a regular basis, at least biannually. (Ref. policy 422.6 (g)) 1302.12 MAINTENANCE

PROPOSED D4 AMENDMENTS
Any installation and maintenance of ALPR equipment, as well as ALPR data retention and access, shall be managed by the Investigations Division Captain. The Investigations Division Captain will assign members under his/her command to administer the day-to-day operation of the ALPR equipment and data. (Ref. policy 422.3)
1302.12.1 ALPR ADMINISTRATOR
The Investigations Division Captain, or his/her designee, shall be responsible for developing guidelines and procedures to comply with the requirements of Civil Code § 1798.90.5 et seq.

This includes, but is not limited to (Civil Code § 1798.90.51; Civil Code § 1798.90.53) (Ref. policy 422.3.1):
(a) A description of the job title or other designation of the members and independent contractors who are authorized to use or access the ALPR system or to collect ALPR information. (b) Training requirements for authorized users.
(c) A description of how the ALPR system will be monitored to ensure the security of the information and compliance with applicable privacy laws.
(d) Procedures for system operators to maintain records of access in compliance with Civil Code§ 1798.90.52.
(e) The title and name of the current designee in overseeing the ALPR operation. (f) Ensuring this policy and related procedures are conspicuously posted on the City's website.

PROPOSED D4 AMENDMENTS
1302 APPENDIX A

BERKELEY POLICE DEPARTMENT SURVEILLANCE ACQUISITION REPORT-AUTOMATED LICENSE PLATE

READER DEVICES

AUTOMATED LICENSE PLATE READER (ALPR) DEVICES

Automated License Plate Readers (ALPRs) are high-speed, computer controlled camera systems that are typically mounted on Berkeley Police Department Parking Enforcement Vehicles.

ALPRs capture license plate numbers which come into view, along with the location, date and time. The data, which includes a photo of the front or the back of the car displaying the license plate, is then uploaded to a central server.

B. PURPOSE
The Berkeley Police Department's Parking Enforcement Unit utilizes vehicles equipped with ALPRs to conduct enforcement of posted time limits in commercial areas and Residential Preferential Parking (RPP) permit areas. These ALPR's also access information in the California Law Enforcement Telecommunications System's (CLETS) Stolen Vehicle System (SVS) database, which provides information on matches for stolen and wanted vehicles.

The Berkeley Police Department's Scofflaw Enforcement program (often referred to as the "booting" program) utilizes an ALPR to scan license plates, and check the scanned "reads" against a list of vehicles which have five or more outstanding parking citations exceeding 30 days old. Typically, upon a confirmed "hit," the vehicle is immobilized with a "boot", or towed, and the owner has to pay the outstanding citations and fees in order to release the boot and/or recover their car from storage. This allows the City to recover outstanding parking citation fees.

C. LOCATION
Parking Enforcement vehicles travel throughout the city; using the ALPRs as described above.

D. IMPACT
The Berkeley Police Department is dedicated to promoting public safety with the most efficient utilization of its resources and services in its public safety endeavors. The Berkeley Police Department recognizes the need to protect its ownership and control over shared information and to protect the privacy and civil liberties of the public, in accordance with federal and state law. The procedures utilized with ALPR Units will help to ensure unauthorized use of its data. The procedures will ensure the data is not used in a way that would violate or infringe upon anyone's civil rights and/or liberties, including but not limited to potentially disparate or adverse impacts on any communities or groups.

E. MITIGATION
All saved data will be safeguarded and protected by both procedural and technological means which are implemented to safeguard the public from any impacts identified in subsection (D).

PROPOSED D4 AMENDMENTS
See subsection (G) for further.

F. DATA TYPES AND SOURCES
Photographs of license plates and location data may be obtained through the use of ALPR Units.

G. DATA SECURITY
The Berkeley Police Department will observe the following safeguards regarding access to and use of stored data (Civil Code§ 1798.90.51; Civil Code§ 1798.90.53):

1. All ALPR data downloaded to any workstation or server shall be accessible only through a login/password-protected system capable of documenting all access of information by name, date and time (Civil Code§ 1798.90.52). It shall be a violation of this policy to share a login with anyone outside of the Berkeley Police Department, except in case of disaster or emergency that does not allow time for proper procedures to be followed.

2. Berkeley Police Department members approved to access ALPR data under these guidelines are permitted to access the data for legitimate law enforcement purposes only, such as when the data relate to a specific criminal investigation or department related civil or administrative action and parking enforcement.

3. Aggregated ALPR data not related to specific criminal investigations shall not be released to any local, state or federal agency or entity without the express written consent of the City Manager.

4. Measures will be taken to ensure the accuracy of ALPR information. Errors discovered in ALPR data collected by ALPR units shall be marked, corrected or deleted in accordance with the type and severity of the error in question.

H. FISCAL COST
In 2015, Public Works brought an ALPR Contract to City Council. Council approved a contract for Public Works to buy five Genetec ALPR Units with PCS Mobile communication, for a pilot program for $450,000.

In 2017, after success with the program, City Council approved an amendment to the contract, allowing Public Works to purchase 15 more ALPR Units for Parking Enforcement vehicles, and to continue its use of PCS Mobile, for 1,200,000. The money was allocated from the goBerkeley/Federal Highway Administration Parking Meter Fund.

Yearly service for the ALPR Units includes warranties, hosting services, cellular connection, mobile computing, and training which varies. The costs through fiscal year 2022 are currently estimated at $1,175,000.

Personnel costs are minimal in that the ALPR Units are used as a resource during normal working hours.

I. THIRD PARTY DEPENDENCE AND ACCESS

1. Vendor Access-Scofflaw Enforcement: The contracted vendor for the City's Scofflaw Enforcement program .is currently Paylock. Paylock stores data on a secure server, and provides access to authorized personnel via Paylock's "Bootview" secure website, as described below:

PROPOSED D4 AMENDMENTS
a. All data captured by the ALPR is stored on the booting vehicle's laptop for 30 days, and is only accessible during that period via the ALPR proprietary software. This includes reads, hits, and photographs associated with each.
b. When a car is booted and/or towed, the read, hit and photographic data relating to the booting and/or towing of scofflaw vehicles is uploaded to Paylock's secure server. No other data is uploaded to Paylock's secure server.

2. Vendor Access-General Parking Enforcement and goBerkeley Program: The contracted vendor for the City's Parking Enforcement ALPR is currently Genetec. The city uses Genetec ALPRs to support efficient enforcement of posted time limit parking and Residential Preferential Parking permits. a. In addition, Genetec periodically provides reports to the City of Berkeley Transportation Division's "goBerkeley" parking management program so that the City's program can analyze data about parking demand. These reports do not contain any information about a vehicle's license plate number, the name of the registered owner, address of registered owner, or any other information gleaned from the license plate number associated with a particular vehicle.

Rather, the reports consist of completely anonymized information, using identification numbers that are not associated with a particular license plate or registered owner. b. The reports will provide only the date, time, location, approximate address, "goBerkeley" blockface ID, and Residential Permit Pass (RPP) area in which a vehicle was observed. If a citation was not issued for an RPP or other time limit violation, the report may also provide the reason a parking enforcement officer .concluded there was no parking violation, e.g., RPP visitor pass, disabled placard or license plate, etc.

3. Department of Information Technology Access: Technical support and assistance for ALPR's is provided by the City of Berkeley's Department of Information Technology (IT) and associated ALPR system providers/vendors as identified herein. IT staff who do not have the proper clearance and training do not have the ability to access or view individual records or reports, as they may contain CLETS information they are not authorized to receive. IT provides initial infrastructure set-up, and continued systems support as needed to ensure efficient and accurate performance of the ALPR hardware and software. Only IT staff members who have successfully undergone DOJ background checks and training are authorized by the Chief of Police to view specific ALPR records.

4. Other Law Enforcement Agency Access: ALPR data may only be shared with other law enforcement or 'prosecutorial agencies for official law enforcement purposes or as otherwise permitted by law.

Requests for ALPR data by non-law enforcement or nonprosecutorial agencies will be processed as provided in the Records Maintenance and
Release Policy (Civil Code§ 1798.90.55). Aggregated ALPR data not related to specific criminal investigations shall not be released to any local, state or federal agency or entity without the express written consent of the City Manager.

5. Member Access: No member of this department shall operate ALPR equipment or access ALPR data without first completing department-approved training. No ALPR operator may access CLETS data unless

PROPOSED D4 AMENDMENTS
otherwise authorized to do so. If practicable, the officer should verify an ALPR response through CLETS before taking enforcement action that is based solely on an ALPR alert.

6. Public Access: Non-law enforcement requests for access to stored ALPR data shall be processed according to the Records Maintenance and Release Policy in accordance with applicable law. Non-law enforcement requests for information regarding a specific vehicle's license plate may be honored when the requester is the registered owner of the vehicle in question, and when providing such information will not invade the privacy of a third party. The requestor in such cases must provide acceptable proof of his or her identity and of ownership of the vehicle in question.

7. Third-party data-sharing is subject to non-privileged and non-confidential City Council notification pursuant to BMC 2.99.020 (2) (a).

J. ALTERNATIVES
None.

K. EXPERIENCE OF OTHER ENTITIES
The use of ALPR technology is common amongst law enforcement agencies throughout the country, in support of parking enforcement, and law enforcement criminal investigations.

Tuesday, July 11, 2017 ANNOTATED AGENDA Page 1

AN N O T AT E D AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, July 11, 2017
6:00 P.M.

COUNCIL CHAMBERS - 2134 MARTIN LUTHER KING JR. WAY

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – LINDA MAIO DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – CHERYL DAVILA DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – KRISS WORTHINGTON DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE

Preliminary Matters
Roll Call: 6:03 p.m.

Present: Bartlett, Davila, Droste, Hahn, Maio, Wengraf, Worthington, Arreguin

Absent: Harrison
Councilmember Harrison present 6:14 p.m.

Ceremonial Matters:

1. Recognition of UN Association of California, Alpha Kappa Alpha, and Alpha Nu Omega City Auditor Comments:

1. Recognition of Public Works for completing the Equipment Fund Audit City Manager Comments:

1. Launch of Berkeley Bike Share Program on July 11, 2017 Public Comment on Non-Agenda Matters: 3 speakers.

Public Comment on Consent Calendar and Information Items Only: 1 speakers.

Consent Calendar

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

Vote: All Ayes.

Consent Calendar

Tuesday, July 11, 2017 ANNOTATED AGENDA Page 2

1. Referral Response: Healthy Default Beverages with Children’s Meals; Adding BMC Chapter 12.72
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,560-N.S. adding Berkeley Municipal Code (BMC) Chapter 12.72 to require that any food vendor that sells a children’s meal with a beverage included shall make the default beverage offered with the children’s meal either water or milk, with no added sweeteners.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400 Action: Adopted second reading of Ordinance No. 7,560-N.S.

2. Technical Corrections to the Zoning Ordinance, Amending Berkeley Municipal Code Sub-Titles 23D and 23E
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,561-N.S. amending Berkeley Municipal Code Sub-Titles 23D and 23E to make non-substantive, technical corrections to the Zoning Ordinance.

First Reading Vote: All Ayes.

Financial Implications: None
Contact: Timothy Burroughs, Planning and Development, 981-7400 Action: Adopted second reading of Ordinance No. 7,561-N.S.

3. Changes to Affordable Housing Mitigation Fee; Amending Berkeley Municipal Code Section 22.20.065
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,562-N.S. amending BMC Section 22.20.065 related to the Affordable Housing Mitigation Fee.

First Reading Vote: Ayes – Maio, Davila, Bartlett, Harrison, Hahn, Wengraf, Worthington, Arreguin; Noes – None; Abstain - Droste; Absent – None Financial Implications: See report
Contact: Zach Cowan, City Attorney, 981-6950
Action: Adopted second reading of Ordinance No. 7,562-N.S.

4. FY 2018 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,563-N.S. adopting the FY 2018 Annual Appropriations Ordinance (AAO) in the amount of $476,396,570 (gross appropriations) and $424,590,046 (net appropriations).

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Teresa Berkeley-Simmons, Budget Manager, 981-7000 Action: Adopted second reading of Ordinance No. 7,563-N.S.

Consent Calendar
Tuesday, July 11, 2017 ANNOTATED AGENDA Page 3

5. Housing Trust Fund Recommendation – Harper Crossing
From: City Manager
Recommendation: Adopt a Resolution: 1) Approving a Housing Trust Fund (HTF) reservation for Satellite Affordable Housing Associates’ Harper Crossing in the amount of $285,464, and 2) Authorizing the City Manager to execute all original or amended documents or agreements to effectuate this action.

Financial Implications: See report
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400 Action: Adopted Resolution No. 68,077–N.S.

6. Housing Trust Fund Recommendation – Northern California Land Trust (NCLT) Scattered Site Rehabilitation
From: City Manager
Recommendation: Adopt a Resolution reserving funds for Northern California Land Trust’s Scattered Sites rehabilitation, specifically by: 1. Waiving Section III.A.1 of the Housing Trust Fund (HTF) Guidelines and accepting NCLT as an eligible developer despite its lack of recent experience. 2. Adopting a finding that a City subsidy in excess of 40% of total development costs is justified by the nature of Northern California Land Trust’s Scattered Site Rehab and unavailability of alternative funding, as required by the HTF Guidelines, Section V.B.7. 3. Approving a HTF reservation for Northern California Land Trust’s Scattered Site Rehab project, in the amount of $569,692. 4. Authorizing City Manager to refinance the Scattered Site Rehab properties’ outstanding HTF loans, with a combined balance currently estimated at $695,000, into the new development loan with terms consistent with the HTF Guidelines. 5. Authorizing the City Manager to execute all original or amended documents or agreements to effectuate these actions. 6. Recommending that Council recommend to the Northern California Land Trust that the organization move towards establishing a Board of Directors’ structure consistent with current community land trust model standards.

Financial Implications: See report
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400 Action: Moved to Action Calendar. 4 speakers. M/S/C (Maio/Harrison) to adopt Resolution No. 68,078–N.S. revised to add the two Whereas clauses below, and to direct staff to include the conversion language in the loan documents with NCLT.

BE IT FURTHER RESOLVED that NCLT educate all current tenants about the benefits of transitioning to a limited equity co -op structure, subsequently begin negotiations to make the conversion to a limited equity co -op structure, and collaborate with an organization that has the capacity and experience to conduct the education and advise on the conversion process.

BE IT FURTHER RESOLVED that NCLT submit quarterly financial reports and annual reports relaying the status of their financial situation and progress in changing the structure of the Board of Directors and transition to a limited equity co-op.

Vote: All Ayes.

Consent Calendar
Tuesday, July 11, 2017 ANNOTATED AGENDA Page 4

7. Classification and Salary: Homeless Services Coordinator From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 67,484-N.S.

Classification and Salary Resolution for Public Employees Union - Local One, to establish the classification of Homeless Services Coordinator with a monthly salary range of $8,200 - $9,915 effective July 11, 2017.

Financial Implications: See report
Contact: Sarah Reynoso, Human Resources, 981-6800
Action: Adopted Resolution No. 68,079–N.S.

8. Contract: AMS.NET for Network Equipment and Maintenance From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with AMS.NET, Inc. for network hardware, support, and maintenance, for a total not to exceed $455,335 from July 1, 2017 to June 30, 2020.

Financial Implications: Capital Improvement Fund - $455,335 Contact: Savita Chaudhary, Information Technology, 981-6500 Action: Adopted Resolution No. 68,080–N.S.

9. Contract No. 10522 Amendment: Redwood Engineering Construction for Willard Park Play Area and Pathway Renovations Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 10522 with Redwood Engineering Construction for the Willard Park Play Area and Pathway Renovation project, increasing the amount by $115,000 for an amended total amount not to exceed $417,400.

Financial Implications: Parks Tax Fund - $417,400
Contact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700 Action: Adopted Resolution No. 68,081–N.S.

10. Contract No. 9044 Amendment: Building Opportunities for Self Sufficiency (BOSS)
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9044 with Building Opportunities for Self Sufficiency for leaf and litter abatement services increasing the contract amount by $120,000 for a total not to exceed $1,722,500.

Financial Implications: Zero Waste Fund - $120,000
Contact: Phillip Harrington, Public Works, 981-6300
Action: Adopted Resolution No. 68,082–N.S.

Consent Calendar
Tuesday, July 11, 2017 ANNOTATED AGENDA Page 5

11. Contract No. 9488B Amendment: Berry Brothers Towing for Towing Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9488B with Berry Brothers Towing to provide towing services for Department of Public Works Equipment Maintenance, increasing the contract amount $20,000 for an amended total not to exceed of $110,000.

Financial Implications: Equipment Maintenance Fund - $20,000 Contact: Phillip Harrington, Public Works, 981-6300
Action: Adopted Resolution No. 68,083–N.S.

12. Contract No. 9730A Amendment: Fairbanks Scales, Inc.

From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9730A with Fairbanks Scales, Inc. for preventative maintenance and repairs on various scales at the City’s Solid Waste Management and Transfer Station, increasing the contract amount by $50,000 for a total contract amount not to exceed $140,000, and extending the term of the contract to June 30, 2019.

Financial Implications: Zero Waste Fund - $50,000
Contact: Phillip Harrington, Public Works, 981-6300
Action: Adopted Resolution No. 68,084–N.S.

13. Contract No. 9977 Amendment: Portable Computer Systems dba PCS Mobile to Purchase 15 Automated License Plate Recognition (ALPR) Units From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 9977 with Portable Computer Systems dba PCS Mobile to purchase fifteen additional Automated License Plate Recognition units to increase parking enforcement operations capacity and effectiveness, and increasing the total $1,200,000 for a new amount not to exceed $1,650,000, and extending the term from May 30, 2020 to June 30, 2022.

Financial Implications: Parking Meter Fund - $1,200,000 Contact: Phillip Harrington, Public Works, 981-6300
Action: Moved to Action Calendar. 8 speakers. M/S/C (Worthington/Wengraf) to adopt Resolution No. 68,085–N.S. authorizing the City Manager to execute an amendment to Contract No. 9977 with Portable Computer Systems dba PCS Mobile to purchase fifteen additional Automated License Plate Recognition units to increase parking enforcement operations capacity and effectiveness, and increasing the total $1,200,000 for a new amount not to exceed $1,650,000, and extending the term from May 30, 2020 to June 30, 2022; and amend Section 7.f of Administrative Order #0001-2016 to defer any release of data until the surveillance policy and ordinance are adopted.

Vote: Ayes – Maio, Harrison, Wengraf, Worthington, Droste, Arreguin; Noes – Davila, Bartlett, Hahn.

Consent Calendar
Tuesday, July 11, 2017 ANNOTATED AGENDA Page 6

14. Contract No. 10472 Amendments: ELS Architecture & Urban Design and Contract No. 10464 Noll & Tam Architects: On-Call Architectural Services From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to execute amendments to the following contracts for on-call architectural services for a combined total of $2,000,000 as follows:

1. ELS Architecture and Urban Design, Contract No. 10472, increasing the contract amount by $1,000,000, for a total not-to-exceed amount of $1,500,000 and extending the contract period through June 30, 2019;

2. Noll & Tam Architects, Contract No. 10464, increasing the contract amount by $1,000,000, for a total not-to-exceed amount of $1,500,000 and extending the contract period through June 30, 2019.

Financial Implications: Various Funds - $2,000,000
Contact: Phillip Harrington, Public Works, 981-6300
Action: Adopted Resolution No. 68,086–N.S. (ELS) and Resolution No. 68,087–N.S. (Noll & Tam)

15. Contract: Chrisp Company for Roadway Thermoplastic Markings From: City Manager
Recommendation: Adopt a Resolution approving plans and specifications for the Roadway Thermoplastic Markings Project, 16-11078-C; and authorizing the City Manager to execute a five year contract period from July 1, 2017 through June 30, 2022, and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications with Chrisp Company in an amount not to exceed $1,250,000.

Financial Implications: Various Funds - $1,250,000
Contact: Phillip Harrington, Public Works, 981-6300
Action: Adopted Resolution No. 68,088–N.S.

16. Contract: Clean Harbors, Inc. for Hazardous Waste Management Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Clean Harbors, Inc. for hazardous waste management, removal, and disposal services for the City of Berkeley in an amount not-to-exceed $150,000 for the period August 1, 2017 through June 30, 2020.

Financial Implications: Various Funds - $150,000
Contact: Phillip Harrington, Public Works, 981-6300
Action: Adopted Resolution No. 68,089–N.S.

Consent Calendar
Tuesday, July 11, 2017 ANNOTATED AGENDA Page 7

17. Mitigating Impacts of Outdoor Air Quality on Indoor Air Quality in Berkeley From: Community Environmental Advisory Commission
Recommendation: Direct the City Manager to request the Planning Commission use the analyses presented here, and the draft provided in Appendix II, to create new Standard Conditions of Approval (SCA) for new building construction near major sources of air pollution, to achieve an acceptable level of indoor air quality (IAQ) for sensitive receptors. Total spending for required IAQ mitigations shall be at 1-2% of estimated total project costs.

Financial Implications: See report
Contact: Nabil Al-Hadithy, Commission Secretary, 981-7400 Action: Approved recommendation as modified below.

Refer the item to the Planning Commission to consider the analyses presented here, and the draft provided in Appendix II, to create new Standard Conditions of Approval (SCA) for new building construction near major sources of air pollution, to achieve an acceptable level of indoor air quality (IAQ) for sensitive receptors.

18. Ending Tax Breaks for Private Prisons Act
From: Peace and Justice Commission
Recommendation: Adopt a Resolution: 1. Directing the City Clerk to send a letter to Rep. Devin Nunes (R-CA) of the Joint Committee on Taxation with copies to all members of the Congressional Joint Committee on Taxation, and the Senate Finance Committee calling on Congress to pass the “Ending Tax Breaks for Private Prisons Act;” and 2. Having the Council of the City of Berkeley sign the MoveOn.org online petition telling congress to end private prison tax breaks.

Financial Implications: None
Contact: Eric Brenman, Commission Secretary, 981-5400

Action: Moved to Action Calendar. 1 speaker. M/S/C (Worthington/Maio) to adopt Resolution No. 68,090–N.S.

Vote (Recommendation #1): All Ayes.

Vote (Recommendation #2): Ayes – Maio, Davila, Bartlett, Harrison, Wengraf, Worthington, Droste, Arreguin; Noes – None; Abstain – Hahn.

Council Consent Items
Tuesday, July 11, 2017 ANNOTATED AGENDA Page 8

19. Vitality of University Avenue
From: Councilmembers Maio, Davila, and Harrison
Recommendation: Refer to the City Manager and Economic Development to analyze storefront vacancies on University Avenue and make recommendations on how to create a more vibrant streetscape on our main boulevard.

Financial Implications: Staff time
Contact: Linda Maio, Councilmember, District 1, 981-7110 Action: Approved recommendation.

20. Support Oakland Public Defender Rodney Brooks’ Efforts to Keep In-Custody Arraignment Hearings in Oakland and Not Move Them to the East County Hall of Justice in Dublin
From: Councilmembers Davila and Harrison, and Mayor Arreguin Recommendation: Send a letter from Berkeley City Council supporting Oakland Public Defender Rodney Brooks’ efforts to keep in-custody arraignment hearings in Oakland and not move them to the East County Hall of Justice in Dublin.

Financial Implications: None
Contact: Cheryl Davila, Councilmember, District 2, 981-7120 Action: Approved recommendation.

21. Referral to the Community Environmental Advisory Commission: Cigarette Butt Pollution Prevention Program in South Berkeley (Item contains revised materials.)
From: Councilmembers Bartlett and Harrison
Recommendation: Refer to the Community Environmental Commission (CEAC) to consider developing a Cigarette Butt Pollution Prevention Program for South Berkeley. Explore the following items: a) Location. Work with the local business associations, business owners, as well as other neighborhood and community organizations to identify key locations for cigarette butt receptacles. b) Operation.

Work with local businesses to develop a system for cleanup and disposal of the contents of the receptacles. c) Cost. Identify any one-time costs associated with the program, including purchasing and installation of the receptacles. Identify any costs that should be set aside for maintenance. There should not be regular ongoing costs.

CEAC should work with the businesses and neighborhoods to develop a community- based system to facilitate daily operations.

Financial Implications: Staff time
Contact: Ben Bartlett, Councilmember, District 3, 981-7130 Action: Approved recommendation as revised in Supplemental Reports Packet #1 to add Councilmember Harrison as a co-sponsor and add that the item is also referred to the City Manager.

Council Consent Items
Tuesday, July 11, 2017 ANNOTATED AGENDA Page 9

22. Support for AB 932 – Bill Giving San Francisco and San Diego Flexibility to Build Shelters and Transitional Housing for Unsheltered Homeless Residents From: Councilmembers Bartlett, Hahn, and Davila
Recommendation: Recommend that the Berkeley City Council send a letter to Senator Nancy Skinner and Governor Jerry Brown urging them to support AB 932.

Financial Implications: None
Contact: Ben Bartlett, Councilmember, District 3, 981-7130 Action: Approved recommendation with the letter revised to add the following phrase to the last sentence, “and request the addition of the City of Berkeley to the cities included in the bill.”

23. Support for SB 33: Bill Prohibiting Financial Institutions from Forcing Consumers to Give up Legal Rights when the Bank has Committed Intentional Fraud Against Them
From: Councilmembers Bartlett, Hahn, and Davila
Recommendation: Recommend that the Berkeley City Council send a letter to Assemblymember Tony Thurmond, and Governor Jerry Brown urging them to support SB 33.

Financial Implications: None
Contact: Ben Bartlett, Councilmember, District 3, 981-7130 Action: Approved recommendation.

24. Support of AB 214: Postsecondary Education, Student Hunger (Item contains revised materials.)
From: Councilmembers Harrison, Hahn, Davila, and Bartlett Recommendation: Adopt a Resolution supporting AB 214 Postsecondary Education, Student Hunger, an act to reduce hunger and homelessness in college students in California, and sending a copy of the resolution to Governor Jerry Brown, and Assemblymembers Lorena Gonzalez Fletcher (Appropriations Chair), Frank Bigelow (Vice Chair), Richard Bloom, Raul Bocanegra, Rob Bonta, William Brough, Ian Calderon, Ed Chau, Susan Talamantes Eggman, Vince Fong, Laura Friedman, James Gallagher, Eduardo Garcia, and Adam Gray.

Financial Implications: Minimal
Contact: Kate Harrison, Councilmember, District 4, 981-7140 Action: Adopted Resolution No. 68,091–N.S.

Council Consent Items
Tuesday, July 11, 2017 ANNOTATED AGENDA Page 10

25. Adopt a Resolution Approving the Allocation of $3,131,651 in Predevelopment from the Housing Trust Fund for the Berkeley Way Project From: Councilmembers Worthington, Harrison, Hahn, and Mayor Arreguin Recommendation: That the Council adopts a Resolution to approve the allocation of $3,131,651 in Housing Trust Funds for the predevelopment of BRIDGE Housing Corporation and Berkeley Food and Housing Project’s Berkeley Way project, in compliance with the Housing Advisory Commission’s recommendation, scheduled to be voted on July 6, 2017.

Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170 Action: Adopted Resolution No. 68,092–N.S. as revised in Supplemental Reports Packet #2.

26. Support California AB 395 to Protect Internet Privacy From: Councilmember Worthington
Recommendation: That the Council support California Assembly Bill 395 (AB 395) in its aim to protect the internet security and privacy of Californians.

Financial Implications: See report
Contact: Kriss Worthington, Councilmember, District 7, 981-7170 Action: Approved recommendation as Revised in Supplemental Reports Packet #2 to correct the bill number to AB 375.

Action Calendar – Public Hearings

27. Amending the Berkeley Election Reform Act to Implement Public Financing From: Fair Campaign Practices Commission
Recommendation: Conduct a public hearing and upon conclusion, adopt first reading of an Ordinance amending Berkeley Municipal Code 2.12 to make changes to facilitate the implementation of the Berkeley Fair Elections Act of 2016 by a vote of not less than two-third of the City Council, in accordance with procedure for amending the Berkeley Election Reform Act set forth in Berkeley Municipal Code

2.12.051.A.

Financial Implications: See report
Contact: Jessica Mar, Commission Secretary, 981-6950

Public Testimony: The Mayor opened the public hearing. 3 speakers.

M/S/C (Worthington/Hahn) to close the public hearing.

Vote: All Ayes.

Action: Adopted first reading of Ordinance No. 7,564–N.S. Second reading scheduled for July 25, 2017.

Vote: All Ayes.

Action Calendar – Old Business
Tuesday, July 11, 2017 ANNOTATED AGENDA Page 11
28a.

Automatic Door Openers in Multi-Unit Residential Buildings (Continued from May 30, 2017)
From: Commission on Disability
Recommendation: Adopt a Resolution requiring: all new construction of multi-unit residential buildings (four or more units) with a common entryway in the City of Berkeley to include automatic door openers; significant remodeling or conversion of residential multi-unit buildings with four or more units and a common entryway to include automatic door openers; and owners of existing multi-unit residential buildings (four or more units) with a common entryway must install automatic door openers at the request of a resident.

Financial Implications: Unknown
Contact: Ella Callow, Commission Secretary, 981-6300

28b.

Companion Report: Automatic Door Openers in Multi-Unit Residential Buildings (Continued from May 30, 2017)
From: City Manager
Recommendation: The City Manager recommends the City Council evaluate the resolution requested by the Commission on Disability as an amendment to BMC §

19.28.010. If Council agrees with the substantive recommendations in the Commission on Disability (CoD) report entitled “Recommendations to Require Inclusion of Automatic Door Openers in Residential Buildings with Four or More Units and a Common Entryway,” the City Manager recommends Council consider a stand- alone ordinance (similar to BMC § 19.80) that would (1) limit the scope to privately owned buildings with four or more units and a common entryway; (2) not subsidize installation of automatic door openers by building owners/builders; (3) include language that limits the City’s responsibility to conduct inspections to ensure compliance; and (4) limit the City’s liability for torts related to automatic door openers that are installed.

Financial Implications: See report
Contact: Phillip Harrington, Public Works, 981-6300

Action: 2 speakers. M/S/C (Worthington/Maio) to hold over the item to September 12, 2017.

Vote: All Ayes.

Action Calendar – Old Business
Tuesday, July 11, 2017 ANNOTATED AGENDA Page 12

29. Housing Accountability Act (Continued from June 13, 2017. Item includes supplemental materials.)
From: City Manager
Contact: Zach Cowan, City Attorney, 981-6950
Action: 5 speakers. M/S/C (Arreguin/Davila) to refer to the City Manager, Planning Commission, Zoning Adjustments Board, and Design Review Committee to consider the following actions, and others they may find appropriate, to address the potential impacts of the Housing Accountability Act and to preserve local land use discretion:

1. Amend the General Plan and Zoning Ordinance to adopt numerical density and/or building intensity standards that can be applied on a parcel-by-parcel basis in an easy and predictable manner. These would constitute reliable and understandable “objective general plan and zoning standards” that would establish known maximum densities. This could be done across the board or for specified districts.

2. Devise and adopt “objective, identified written public health or safety standards” applicable to new housing development projects.

3. Adopt “design review standards that are part of ‘applicable, objective general plan and zoning standards and criteria”.

4. Quantify and set objective zooming standards and criteria under the first sentence of Government Code Section 65589.5(j) for views, shadows, and other impacts that often underlie detriment findings.

Vote (Paragraphs 1-3): Ayes – Maio, Davila, Harrison, Hahn, Wengraf, Worthington, Arreguin; Noes – Bartlett, Droste.

Vote (Paragraph 4): Ayes – Maio, Davila, Harrison, Hahn, Wengraf, Arreguin; Noes – Bartlett, Droste, Worthington.

Recess: 9:10 p.m. – 9:27 p.m.

30. Amend BMC Sections 3.78.030, 040, and 050 Related to Commission Procedures (Continued from June 13, 2017)
From: Human Welfare and Community Action Commission
Recommendation: Adopt a Resolution requesting that the City Manager examine the addition of language to the Berkeley Municipal Code that clarifies aspects of the management of City of Berkeley commissions and the removal and appointment of commissioners.

Financial Implications: See report
Contact: Wing Wong, Commission Secretary, 981-5400
Action: Moved to Consent Calendar. No action taken by the City Council on this item.

Vote: Ayes – Maio, Bartlett, Harrison, Hahn, Wengraf, Worthington, Droste, Arreguin; Noes – Davila.

Action Calendar – Old Business
Tuesday, July 11, 2017 ANNOTATED AGENDA Page 13

31. Ordinance to Ban the Sale of Fur in Berkeley; Adding BMC Chapter 9.22 From: Councilmember Worthington (Continued from June 13, 2017) Recommendation: Adopt second reading of Ordinance No. 7,539-N.S. adding BMC Chapter 9.22 to eliminate the sale of fur apparel products in order to promote community awareness of animal welfare.

First Reading Vote: Ayes - Maio, Davila, Bartlett, Hahn, Wengraf, Arreguin; Noes – Harrison, Worthington, Droste; Abstain – None; Absent – None.

Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170 Action: Item held over to July 25, 2017.

32. Support the Resilient Shoreline Program of Citizens for East Shore Parks (Continued from June 27, 2017)
From: Mayor Arreguin and Councilmembers Hahn, Wengraf, and Maio Recommendation: Adopt a Resolution supporting the Resilient Shoreline Program of Citizens for East Shore Parks (CESP) to raise awareness about the detrimental effects of sea-level rise and promote resilient shoreline solutions. Additionally, refer to the mid-year budget process a contribution of $10,000 to participate in CESP’s Visualizing Sea-level Rise event in Berkeley.

Financial Implications: General Fund - $10,000
Contact: Jesse Arreguin, Mayor, 981-7100
Action: Moved to Consent Calendar. Adopted Resolution No. 68.093–N.S. in support of the Resilient Shoreline Program, and Resolution No. 68,094–N.S. to authorize the expenditure of surplus funds from the Mayor’s and Councilmembers’ expense accounts for CESP from the following Councilmembers up to amounts listed: Mayor Arreguin - $2,000; Councilmember Wengraf - $500; Councilmember Maio - $250; Councilmember Harrison - $250; Councilmember Davila - $250.

33. Expedited Review for Affordable Housing Projects (Continued from June 27, 2017. Item contains revised materials.)
From: Councilmembers Hahn, Davila, and Bartlett
Recommendation: 1. Refer to the City Manager the creation of an expedited review process for housing projects in which Affordable Housing units make up more than 20% of the proposed on-site units; and

2. Direct the City Manager to immediately confer priority status and offer expedited review to 100% Affordable projects, pending adoption of a more formal and widely applicable expedited review process.

Financial Implications: Staff time
Contact: Sophie Hahn, Councilmember, District 5, 981-7150 Action: Item held over to July 25, 2017.

Action Calendar – Old Business
Tuesday, July 11, 2017 ANNOTATED AGENDA Page 14

34. General Fund Stability Reserve Usage Criteria (Continued from June 27, 2017.

Item contains revised materials.)
From: Councilmembers Droste, Wengraf, and Maio
Recommendation: Discuss the General Fund Stability Reserve Usage Policies described in the report and adopt policies such as those proposed, requiring a two- thirds vote of the City Council to amend them. Following recommendation from the City Manager, the City Council shall, from time to time, recognize and define “essential services”, “appropriate levels” of such services, and “extreme conditions”.

Any draw-down of Stability Reserve funds shall coincide with the adoption of a plan to repay the dollar amount of the draw down. If adopting a repayment plan immediately is infeasible due to emergency circumstances, it shall be adopted no more than 3 months from the date of the withdrawal appropriation. The level of the Stability Reserve shall be restored as economic recovery occurs, consistent with the maintenance of essential services, with repayment to begin no more than 5 years from the date of withdrawal and be completed within 10 years from the date of withdrawal.

Financial Implications: See report
Contact: Lori Droste, Councilmember, District 8, 981-7180 Action: 4 speakers. M/S/C (Hahn/Arreguin) to continue the item to September 26, 2017.

Vote: All Ayes.

Action Calendar – Old Business
Tuesday, July 11, 2017 ANNOTATED AGENDA Page 15

35. Medical Cannabis Cultivation Ordinance Revisions (Continued from June 27, 2017. Item contains revised materials.)
From: City Manager
Recommendation: Consider the responses provided by the Planning Commission and Medical Cannabis Commission (MCC) to Council’s referral regarding the desired maximum number of Medical Cannabis Cultivation locations (Zoning Ordinance/BMC Section 23E.72.040.A) and give direction to staff regarding any recommended changes to the Zoning Ordinance.

Financial Implications: See report
Contact: Timothy Burroughs, Planning and Development, 981-7400

Action: M/S/C (Arreguin/Maio) to suspend the rules and extend the meeting to 11:30 p.m.

Vote: Ayes – Maio, Davila, Bartlett, Harrison, Hahn, Wengraf, Worthington, Arreguin; Noes – None; Abstain – Droste.

Action: 1 speaker. M/S/Failed (Hahn/Bartlett) to adopt the proposal from Councilmember Hahn in Supplemental Reports Packet #2

1. To initially allow 6 Standard cultivation sites at no more than 22,000 square feet per site, as allowed by State regulations, for a cumulative maximum of 132,000 square feet. The remainder of square footage, up to a cumulative maximum of 182,000 square feet, would be dedicated to a Small Sites program, reserved for local, artisan, cooperative, and green growers, with 5 additional sites allowed, each of no more than 10,000 square feet. The total combined number of Standard and Small Sites allowed would be 11, and total square footage capped at 182,000 square feet;

2. To direct staff to create two application processes; one for Standard Sites and another for Small Sites favoring local, artisan, cooperative, and green growers;

3. To allow only 1 site per operator, and create an overall preference for qualified owners from populations or groups that are or have been disproportionately targeted for enforcement, criminalization, and/or incarceration related to marijuana offenses;

4. One year after a site commences operations, direct staff to undertake an evaluation that includes, but is not limited to, contacting neighbors and businesses within 500 feet and evaluating potential positive and negative impacts, recommending any helpful/necessary changes to the enabling code and helping ensure the operator is in compliance with all rules and regulations. This site -by- site review will be limited to 8 sites, representing a variety of sizes and locations, as a means of identifying benefits and challenges of cultivation operations and improving the City’s regulatory framework;

5. Once the first 11 sites have been permitted, direct staff to evaluate the overall and cumulative success and impacts of the cultivation sites program on a neighborhood and city-wide basis, review the preferences and programs for effectiveness, and consider whether the number of sites can be increased.

Vote: Ayes – Bartlett, Hahn; Noes – Davila, Harrison; Abstain – Maio, Wengraf, Worthington, Droste, Arreguin.

Action Calendar – Old Business
Tuesday, July 11, 2017 ANNOTATED AGENDA Page 16
Action: M/S/C (Harrison/Maio) to adopt the proposal from Councilmember Harrison in Supplemental Reports Packet #2 amended to include paragraph #3 from Councilmember Hahn’s proposal.

Direct staff to prioritize local growers and cooperatives in the permitting process or set aside some of the allotted square footage specifically for use by local small growers and cooperatives. This could be achieved by maintaining the limit of 6 cultivation locations between 15,000 and 22,000 ft2 in size for all forms of cultivators (using between 90,000 and 132,000 of the available 180,000 ft 2) while allocating the remaining 48,000 ft2 to local cultivators and cooperatives, without a specific location limit. During the permitting process, each operator will be limited to one site to avoid anti-competitive practices and prevent a monopoly. After one year of operation, staff will evaluate the positive and negative impacts of the cultivation site on the surrounding businesses and neighbors, and enforce on a complaint- driven basis

#3 Hahn: To allow only 1 site per operator, and create an overall preference for qualified owners from populations or groups that are or have been disproportionately targeted for enf orcement, criminalization, and/or incarceration related to marijuana offenses;

Vote: Ayes – Maio, Davila, Bartlett, Harrison, Wengraf, Worthington, Droste, Arreguin; Noes – None; Abstain – Hahn.

Action: M/S/Failed (Droste/Wengraf) to adjourn the meeting.

Vote: Ayes – Maio, Bartlett, Wengraf, Droste; Noes – Davila, Harrison, Hahn, Worthington, Arreguin.

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

Vote: Ayes – Maio, Davila, Bartlett, Harrison, Hahn, Worthington, Arreguin; Noes – Droste; Abstain – Wengraf.

Action Calendar – Old Business
Tuesday, July 11, 2017 ANNOTATED AGENDA Page 17

36. Analysis and Recommendations for the Pathways Project to Address Homelessness in Berkeley (Continued from June 27, 2017. Item contains supplemental materials.)
From: City Manager
Recommendation: Prioritize funding decisions for proposed Pathways Project programs (an Encampment Resolution Team, a STAIR Center, a Bridge Living Community, and a Homeward Bound program) based on which homeless issue Council most wishes to address in Berkeley:

1. Fund an Encampment Resolution Team and a STAIR Center for an estimated $2.4 million in year one, plus $2.1 million annually thereafter, if Council most wishes to provide temporary respite for unsheltered homeless individuals with no dedicated housing exits.

2. Fund a Bridge Living Community and a Homeward Bound program for an estimated $2.6 million in year one, plus $2.4 million annually thereafter, if Council most wishes to house an estimated 100-120 homeless individuals per year, but add no new emergency respite programs.

3. Fund all four programs at an estimated $4.8 million in year one, and an estimated $4.3 million annually thereafter, if Council wishes to address both the goal of temporary respite and permanent housing concurrently.

All funding estimates include roughly $190,000 for 1 FTE in new City Staff time for program administration.

The City Manager recommends prioritizing a Bridge Living Community and associated rental subsidies and a Homeward Bound program.

Financial Implications: See report
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400

Action: M/S/C (Arreguin/Maio) to suspend the rules and extend the meeting to 12:15 a.m.

Vote: Ayes – Maio, Davila, Bartlett, Harrison, Hahn, Worthington, Arreguin; Noes – Droste; Abstain – Wengraf.

Action: 5 speakers. M/S/C (Hahn/Davila) to adopt “Option 4” as presented in the City Manager’s report to Council on June 27, 2017, submitted by Paul Buddenhagen, Director of Health, Housing and Community Services, to establish a combined STAIR Center/Bridge Living Community and associated Homeward Bound and rapid rehousing components with the following additions, as recommended by formal action of the Council’s Ad Hoc Subcommittee on Homelessness:

1. Add an Outreach Resolution Team

2. Add a program to address illegal dumping and excessive accumulations of items and materials associated with homeless encampments, in particular in the heavily impacted West Berkeley corridor

Vote: All Ayes.

Action Calendar – Old Business
Tuesday, July 11, 2017 ANNOTATED AGENDA Page 18
37a.

Allocation of U1 Funds by the City Council (Continued from June 27, 2017) From: Housing Advisory Commission
Recommendation: 1. As specified by Measure U1, the City Council shall receive and consider housing strategy recommendations from the Housing Advisory Commission prior to allocating any Measure U1 funds.

2. When considering allocations for U1 funds, the City Council will make specific findings of how the spending meets the goals of Measure U1: improve housing affordability in Berkeley and protect residents from homelessness.

Financial Implications: See report
Contact: Amy Davidson, Commission Secretary, 981-5400

37b.

Companion Report: Allocation of U1 Funds by the City Council (Continued from June 27, 2017)
From: City Manager
Recommendation: 1. Reaffirm that, as specified in Measure U1, the City Council shall receive and consider recommendations by the Housing Advisory Commission on funding and programs to increase affordable housing and protect Berkeley residents from homelessness, either annually or biannually. 2. Take no action with regard to committing to make findings that expenditures meet the goals of Measure U1.

Financial Implications: See report
Contact: Jovan Grogan, Deputy City Manager, (510) 981-7000

Action: Item 37b moved to the Consent Calendar and approved recommendation as amended below.

1. Reaffirm that the City Council shall receive and consider recommendations by the Housing Advisory Commission as specified in Measure U1; and 2. Take no action with regard to committing to make findings that expenditures meet the goals of Measure U1.

38a.

Use of U1 Funds for Property Acquisition at 1001, 1007, and 1011 University Avenue and 1925 Ninth Street, Berkeley (Continued from June 27, 2017) From: Housing Advisory Commission
Recommendation: That the City Council not use U1 funds to backfill the Workers’ Compensation Fund for the acquisition of the properties located at 1001, 1007, and 1011 University Avenue, and 1925 Ninth Street, City of Berkeley.

Financial Implications: See report
Contact: Amy Davidson, Commission Secretary, 981-5400

Action Calendar – Old Business
Tuesday, July 11, 2017 ANNOTATED AGENDA Page 19
38b.

Companion Report: Use of U1 Funds for Property Acquisition at 1001, 1007, and 1011 University Avenue and 1925 Ninth Street, Berkeley (Continued from June 27, 2017)
From: Housing Advisory Commission
Recommendation: Accept staff’s recommendation to use $4,730,815 of Measure U1 revenue over a 5 year period ($946,163 annually) to repay the Workers’ Compensation Fund for the acquisition of the properties located at 1001, 1007, and 1011 University Avenue and 1925 Ninth Street, Berkeley.

Financial Implications: See report
Contact: Jovan Grogan, Deputy City Manager, (510) 981-7000

Action: M/S/Failed (Hahn/Davila) to suspend the rules and extend the meeting to 12:25 a.m.

Vote: Ayes – Davila, Harrison, Hahn, Worthington, Arreguin; Noes – Maio, Bartlett, Wengraf; Abstain – None; Absent - Droste.

Councilmember Droste absent 12:05 a.m. – 12:15 a.m.

Action: 5 speakers. Item held over to July 25, 2017

Action Calendar – New Business

39a.

International Symbol of Accessibility (ISA) Change for City Signage From: Commission on Disability
Recommendation: Adopt a Resolution changing future signs indicating accessibility in Berkeley. The Berkeley Commission on Disability is recommending Council support a proposed change in signs that indicates accessibility.

Financial Implications: Minimal
Contact: Ella Callow, Commission Secretary, 981-6300

39b.

Companion Report: International Symbol of Accessibility (ISA) Change for City Signage
From: City Manager
Recommendation: Refer the item back to the Commission on Disability for further analysis regarding cost differences between the existing International Symbol of Accessibility signage and the recommended signage as well as specific vendors that currently provide the recommended signage to other municipalities.

Financial Implications: Unknown
Contact: Phillip Harrington, Public Works, 981-6300

Action: Item 39a moved to Consent Calendar. Adopted Resolution No. 68,095-N.S. changing future signs indicating accessibility in Berkeley.

Action Calendar – New Business
Tuesday, July 11, 2017 ANNOTATED AGENDA Page 20

Information Reports

40. FY 2018 Civic Arts Grant Awards
From: City Manager
Contact: Jordan Klein, Economic Development, 981-7530
Action: Received and filed.

41. FY 2017 Investment Report: Quarter Ended March 31, 2017 From: City Manager
Contact: Henry Oyekanmi, Finance, 981-7300
Action: Received and filed.

42. Status of City’s $6M Loan to the Ed Roberts Campus
From: City Manager
Contact: Paul Buddenhagen, Housing and Community Services, 981-5400 Action: Received and filed.

43. Update on Retrofit Grants Program, Activities Funded by FEMA Hazard Mitigation Grant, and Status of the Soft Story Ordinance From: City Manager
Contact: Timothy Burroughs, Planning and Development, 981-7400 Action: Received and filed.

44. Status Report July 2017 - Audit of Equipment Replacement Reserve From: City Manager
Contact: Phillip Harrington, Public Works, 981-6300
Action: Received and filed.

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

Adjournment:

Adjourned at 12:15 a.m. in memory of:

1. Frances Rachel, Local Activist

2. David Williamson, Local Athlete and Mentor
Communications
Restricting Flavored Tobacco Sales

1. Carol Denney
Vegetables Growing in Shade

2. Diego Aguilar-Canabal
Community Concerns

Tuesday, July 11, 2017 ANNOTATED AGENDA Page 21

3. Nick Faber
Housing and Climate Change

4. Cameron Scherer
Thank You Letter

5. Berkeley Neighborhoods Council
Housing and Zoning Suggestions

6. Berkeley Design Advocates
Berkeley Animal Care Services Concerns

7. Jane Funk / Jovan Grogan
Free Speech

8. Therese Fitzpatrick (2)
Environmental Health Division Concerns

9. Leo Schwartz
Bank Divestments

10. Sheila Goldmacher
Berkeley Police Department Response to Protest

11. Rachel Lederman
Bike Improvements for Repaving

12. Dave Campbell
Berkeley Rose Garden

13. Annie Dillon
Request for Certificate of Permissible Rent Level Form

14. W.B.C.

Supplemental Communications and Reports 1
Item 21: Referral to the Community Environmental Advisory Commission: Cigarette Butt Pollution Prevention Program in South Berkeley

15. Revised materials, submitted by Councilmember Bartlett Item 24: Support of AB 214: Postsecondary Education, Student Hunger

16. Revised materials, submitted by Councilmember Harrison Item 29: Housing Accountability Act

17. Rob Wrenn
Item 33: Expedited Review for Affordable Housing Projects

18. Revised materials, submitted by Councilmember Hahn
Item 35: Medical Cannabis Cultivation Ordinance Revisions

19. Supplemental materials, submitted by Councilmember Hahn Item 36: Analysis and Recommendations for the Pathways Project to Address Homelessness in Berkeley

20. Supplemental materials, submitted by Councilmember Hahn

Tuesday, July 11, 2017 ANNOTATED AGENDA Page 22
Item 37a: Allocation of U1 Funds by the City Council
Item 37b: Companion Report: Allocation of U1 Funds by the City Council Item 38a: Use of U1 Funds for Property Acquisition at 1001, 1007, and 1011 University Avenue and 1925 Ninth Street, Berkeley
Item 38b: Companion Report: Use of U1 Funds for Property Acquisition at 1001, 1007, and 1011 University Avenue and 1925 Ninth Street, Berkeley

21. Cecile Pineda

22. Norma Harrison

23. Tree Fitzpatrick

24. Nico Calavita
Item 40: FY 2018 Civic Arts Grant Awards

25. Bruce Coughran

26. Cherie Hill

27. Andrea Hirsig

28. Susan Muscarella

29. Andrew Page

30. Liz Ozol

31. Pamela Miller

32. Carol Lashof

33. Rebecca Seeman

34. George-Ann Bowers

35. Sara Gambina-Belknap

36. Janice Murota

37. Inferno Theatre

38. Dyana Vukovich

39. Sharon Dolan

40. Wendy Ponder

41. Emmerich Anklam

42. Rachel Nissim

43. Carol Handelman

44. Jan Zvaifler

45. Emily Wainacht
Supplemental Communications and Reports 2
Item 6: Housing Trust Fund Recommendation – Northern California Land Trust (NCLT) Scattered Site Rehabilitation

46. Revised materials, submitted by Councilmember Harrison Item 13: Contract No. 9977 Amendment: Portable Computer Systems dba PCS Mobile to Purchase 15 Automated License Plate Recognition (ALPR) Units

47. Alfred Twu

48. Ryan Thorngren
Item 21: Referral to the Community Environmental Advisory Commission: Cigarette Butt Pollution Prevention Program in South Berkeley

49. Carol Denney

Tuesday, July 11, 2017 ANNOTATED AGENDA Page 23
Item 25: Adopt a Resolution Approving the Allocation of $3,131,651 in Predevelopment from the Housing Trust Fund for the Berkeley Way Project

50. Revised materials, submitted by Councilmember Worthington

51. Supplemental materials, submitted by Health, Housing & Community Services Item 26: Support California AB 395 to Protect Internet Privacy

52. Revised materials, submitted by Councilmember Worthington Item 27: Amending the Berkeley Election Reform Act to Implement Public Financing

53. Daniel Newman, on behalf of the Berkeley Fair Elections Coalition

54. Rob Wrenn

55. Igor Tregub
Item 28: Automatic Door Openers in Multi-Unit Residential

56. Supplemental materials, submitted by Commission on Disability Item 32: Support the Resilient Shoreline Program of Citizens for East Shore Parks

57. Revised materials, submitted by Mayor Arreguin
Item 33: Expedited Review for Affordable Housing Projects

58. Supplemental materials, submitted by Councilmember Droste Item 35: Medical Cannabis Cultivation Ordinance Revisions

59. Supplemental materials, submitted by Councilmember Hahn

60. Supplemental materials, submitted by Councilmember Harrison

61. Medical Cannabis Commission

62. Charley Pappas
Item 37a: Allocation of U1 Funds by the City Council
Item 37b: Companion Report: Allocation of U1 Funds by the City Council Item 38a: Use of U1 Funds for Property Acquisition at 1001, 1007, and 1011 University Avenue and 1925 Ninth Street, Berkeley
Item 38b: Companion Report: Use of U1 Funds for Property Acquisition at 1001, 1007, and 1011 University Avenue and 1925 Ninth Street, Berkeley

63. Sheila Goldmacher (2)

64. Lynnda Ohama

65. Jim Latchney

66. Christine Schwartz

67. Kris Eggen

68. Diana Bohn

69. Sally Nelson (2)

70. Bill Bogert

71. Judy Nakadegawa

72. Pei Wu

73. Joshua

74. Joel Reed

75. Daniel Moore

76. Joshua Pfeffer

77. Gary Hicks

78. Ellen Woods