Berkeley City Council
September 13, 2022

Resolution Accepting the Surveillance Technology Report, Surveillance Acquisition Report, and Surveillance Use Policy Pursuant to Chapter 2.99 of the Berkeley Municipal Code

ACTION CALENDAR
September 13, 2022

 Section 2.99.070 of the Ordinance, which requires that the City Manager must submit to the City Council a Surveillance Technology Report as defined by Section

2.99.020(2) of the Ordinance at the first regular City Council meeting in November.

For each of the three technologies, the Surveillance Technology Report, Surveillance Acquisition Report and Surveillance Use Policies were prepared to satisfy the specific, section-by-section requirements of the Ordinance, and are attached to this report. It should be noted that substantial policies already existed for Body Worn Cameras and License Plate Readers. Those policies—also reviewed by the Police Review Commission for purposes of this report—are also attached. The existing policies will continue to remain in effect upon Council’s approval. Henceforth, all new Surveillance Use Policies and Surveillance Acquisition Reports will be listed in Chapter 13 of the Berkeley Police Department Policy Manual, which is being created to provide easy access to all policies relating to BMC 2.99. All BPD policies are available to the public on BPD’s website.

ENVIRONMENTAL SUSTAINABILITY
There are no identifiable environmental effects or opportunities associated with the content of this report.

RATIONALE FOR RECOMMENDATION
City Council is being asked to adopt the attached resolution for the City to be in compliance with the Ordinance.

ALTERNATIVE ACTIONS CONSIDERED
City Council could decide not to adopt the resolution or could direct staff to revise the attached policies.

CONTACT PERSON
Andrew Greenwood, Chief of Police, (510) 981-7017
David White, Deputy City Manager, (510) 981-7012

Resolution Accepting the Surveillance Technology Report, Surveillance Acquisition Report, and Surveillance Use Policy Pursuant to Chapter 2.99 of the Berkeley Municipal Code

ACTION CALENDAR
September 13, 2022

ATTACHMENTS

1. Proposed Resolution

2. Body Worn Cameras
Surveillance Technology Report: Body Worn Cameras
Policy 1300 Body Worn Camera Use Policy
Policy 1300(a) Appendix: Body Worn Camera Acquisition Report Policy 425 Body Worn Camera Policy (Existing Policy)

3. Global Positioning System Tracking Devices
Surveillance Technology Report
Policy 1301 Global Positioning System Tracking Devices Use Policy Policy 1301(a) Appendix: Global Positioning System Tracking Devices Acquisition Report

4. Automated License Plate Readers
Surveillance Technology Report: Automated License Plate Readers Policy 1302 Automated License Plate Reader Use Policy
Policy 1302(a) Appendix: Automated License Plate Reader Acquisition Report Policy 422 Automated License Plate Reader (Latest version of existing Policy)

5. Police Review Commission Memorandum Regarding Automatic License Plate Readers
i:\surveillance ordinance\city council meeting -- 11-12-19\11-12-2019_surveillance ordinance staff report and resolution (04).docx

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

A RESOLUTION ACCEPTING THE SURVEILLANCE TECHNOLOGY REPORT,

SURVEILLANCE ACQUISITION REPORT, AND SURVEILLANCE USE POLICY FOR

AUTOMATIC LICENSE PLATE READERS
WHEREAS, on March 27, 2018, the City Council adopted Ordinance 7,592-N.S., which is known as the Surveillance Technology Use and Community Safety Ordinance (“Ordinance”); and
WHEREAS, Section 2.99.050 of the Ordinance requires that the City Manager shall submit a Surveillance Acquisition Report and a proposed Surveillance Use Policy for each piece of technology governed by the Ordinance that had been possessed or used by the City prior to the effective date of the Ordinance; and
WHEREAS, Section 2.99.070 of the Ordinance requires that the City Manager must submit to the City Council a Surveillance Technology Report as defined by Section

2.99.020(2) of the Ordinance at the first regular City Council meeting in November; and WHEREAS, the Surveillance Acquisition Report and Surveillance Use Policy for Automatic License Plate Readers satisfies the requirements of the Ordinance.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley:

Section 1. Pursuant to Section 2.99.060, as it pertains to the use of Automatic License Plater Readers, the City Council hereby finds and determines the following:
a. The benefits of using the technology outweighs the costs; b. The policies attached to this resolution safeguard civil liberties; and c. No feasible alternatives exist with similar utility that will have a lesser impact on civil rights or liberties.

Section 2. The City Council hereby accepts the Surveillance Technology Report, Surveillance Acquisition Report, and Surveillance Use Policy for Automatic License Plate Readers.

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

ACTION CALENDAR
September 13, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Farimah Faiz Brown, City Attorney
Submitted by: Bren Darrow, Assistant City Attorney
Subject: An Ordinance Repealing Chapter 12.76 of the Berkeley Municipal Code and Repealing Ordinance 7643-NS.

RECOMMENDATION
Adopt first reading of an ordinance repealing Chapter 12.76 of the Berkeley Municipal Code and repealing Ordinance 7643-NS.

FISCAL IMPACTS OF RECOMMENDATION
There are no identifiable fiscal impacts associated with this recommendation.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley has two ordinances that prohibit the use of motor vehicles for shelter. Neither has been enforced in recent years. First, the House Cars Ordinance (BMC Chapter 12.76), enacted in 1970, prohibits anyone from residing in a vehicle within the City limits. This ordinance has not been enforced in Berkeley since 2014, when a similar ordinance was invalidated in the City of Los Angeles.

Second, the City’s oversize vehicle overnight parking ban (BMC 14.40.120) was amended in 2019 to prohibit overnight parking of RVs or campers. Prior to 2019, the OSV ban applied only to heavy duty commercial vehicles, such as semi-tractor trailers and other vehicles with more than two axles. This amendment has never been enforced, because upon its adoption (Ordinance 7643-NS, March 26, 2019) Council directed the City Manager not to enforce it until a citywide overnight RV parking permit process has been established.

On November 4, 2021, a lawsuit (Dominguez et al. v. City of Berkeley, United States District Court Case No. 3:21-cv-08599-SI) was filed by a group of people using vehicles as shelter in the Harrison Corridor. Among other claims, the plaintiffs sought to invalidate the vehicle shelter ordinances discussed above.

If this proposed ordinance is enacted, Chapter 12.76 (House Cars) would be completely repealed and stricken from the Berkeley Municipal Code. Ordinance 7643-NS would be

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An Ordinance Repealing Chapter 12.76 of the BMC and Repealing Ordinance 7643-NS. ACTION CALENDAR September 13, 2022

repealed and BMC section 14.40.120 would read as it did prior to March 26, 2019, as shown in strikethrough below:

14.40.120
A. It is unlawful for any person to park any oversize or heavy duty commercial vehicle on any street between the hours of two a.m. and five a.m. for a greater length of time than one hour.

B. For the purpose of this section, oversize or heavy duty commercial vehicle shall mean a single vehicle or combination of vehicles having more than two axles, a single vehicle or combination of vehicles 20 feet or more in length, or a single vehicle or combination of vehicles six feet six inches or more in width, and shall include, but shall not be limited to dump trucks, moving vans, tractors, pole or pipe dollies, recreational vehicles (RVs), campers.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects, climate impacts, or sustainability opportunities associated with the subject of this report. Further, it has been determined that there are no opportunities to reduce greenhouse gas emissions or advance a just transition away from fossil fuels for this project.

RATIONALE FOR RECOMMENDATION
The vehicle shelter ordinances that would be repealed by this proposed ordinance have not been implemented since 2014 and 2019, respectively. The United States Constitution grants certain rights to people experiencing homelessness. See, e.g., Martin v. City of Boise, 920 F.3d 584 (9th Cir. 2019). The repeal of the vehicle shelter ordinances would not enlarge those rights or otherwise authorize the use of vehicles as shelter in a manner that violates other laws. The repeal of the vehicle shelter ordinances would not immunize people who reside in vehicles from the enforcement of generally applicable laws, including parking and traffic laws.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Paul Buddenhagen, Deputy City Manager, (510) 981-7000
Attachments:
1: Ordinance

ORDINANCE NO. -N.S.

REPEALING CHAPTER 12.76 OF THE BERKELEY MUNICIPAL CODE, REPEALING ORDINANCE 7643-NS, AND AMENDING SECTION 14.40.120
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 12.76 is hereby repealed.

Section 2. That Ordinance 7,643-NS is hereby repealed, and Berkeley Municipal Code Section 14.40.120 is amended to read as follows:

14.40.120
A. It is unlawful for any person to park any oversize or heavy duty commercial vehicle on any street between the hours of two a.m. and five a.m. for a greater length of time than one hour.

B. For the purpose of this section, oversize or heavy duty commercial vehicle shall mean a single vehicle or combination of vehicles having more than two axles, a single vehicle or combination of vehicles 20 feet or more in length, or a single vehicle or combination of vehicles six feet six inches or more in width, and shall include, but shall not be limited to dump trucks, moving vans, tractors, pole or pipe dollies, recreational vehicles (RVs), campers.

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

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

ACTION CALENDAR
09/13/2022
To: Honorable Mayor and Members of the City Council
From: Councilmember Taplin
Subject: Equitable Safe Streets and Climate Justice Resolution

RECOMMENDATION
Adopt a resolution committing the expenditure of City and state/federal matching/recurring funds on city-maintained roads, sidewalks, and bike lanes to accelerate safety improvements in a manner consistent with City, State, and Federal policy on street safety, equity, accessibility, and climate change; refer to the City Manager fully integrate Complete Streets design as defined by the NACTO Urban Street Design Guide in the default engineering standard for city streets; restrict city use of the Manual on Uniform Traffic Control Devices (MUTCD) to only documented cases that require its use for compliance with Federal/State regulations; in all other cases, restrict use of the MUTCD to “engineering judgment.”

POLICY COMMITTEE RECOMMENDATION
On June 1, 2022, the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee adopted the following action: M/S/C (Robinson/Taplin) to send the item to Council with a positive recommendation. Vote: Ayes – Taplin, Robinson; Noes – None; Abstain – None; Absent – Harrison.

FINANCIAL IMPLICATIONS
According to the Federal Highway Administration:
“It is generally significantly less expensive to install safety improvements as part of a resurfacing project than to build it as a standalone project … The cost for adding bike lanes during a resurfacing project costs approximately 40 percent of the cost of adding the lanes as a standalone project.”1 1 https://www.fhwa.dot.gov/environment/bicycle_pedestrian/publications/resurfacing/page04.cfm#cost_a2

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Equitable Safe Streets ACTION CALENDAR

This resolution calls for the full integration of safety features at the time of re-paving of all streets in the city, in a manner consistent with City, State,2 and Federal3 policy, which will result in substantial material and staff time savings, while also saving the lives of Berkeley residents.

CURRENT SITUATION AND ITS EFFECTS
Under current practices in Berkeley, safe streets interventions like bikeways, separated lanes, raised pedestrian crossings, and corner bulb-outs are often implemented only after a pedestrian or cyclist has been injured or killed by a driver. Many examples exist of streets that had been recently re-paved without safety features that were then re- designed after residents expressed their anger over pedestrians and cyclists being severely injured or killed by a driver.

According to the Federal Highway Administration, implementing safe streets features at the time of re-paving, rather than as stand-alone, post-facto projects, can significantly cut the costs of these safety interventions.4 This resolution calls for the full integration of safety features at the time of re-paving of all streets in the city, which will result in substantial material and staff time savings, while also saving the lives of Berkeley residents.

The Equitable Safe Streets and Climate Justice Resolution is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
Personal cars and trucks are the leading source of climate pollution in the City of Berkeley, causing 59% of all greenhouse gasses within city limits – more than all residential and commercial energy use, combined.5 They are also among the leading causes of violent injury and death in the city, with a growing number of deadly and injurious conflicts between people driving cars and vulnerable road users including pedestrians, the elderly, residents who use mobility devices, and bicyclists. Lower income Berkeley residents and people of color are disproportionately impacted by the risk of traffic injuries and fatalities.6
2 “Caltrans to Require ‘Complete Streets’ Features in Planning and Design of All New Projects https://dot.ca.gov/news-releases/news-release-2021-039
3 Under the Infrastructure Investment and Jobs Act of 2021, “MPOs must use 2.5 percent of their overall funding to develop and adopt complete streets policies, active transportation plans, transit access plans, transit-oriented development plans, or regional intercity rail plans.” https://nacto.org/program/state-and- federal-policy/
4 https://www.fhwa.dot.gov/environment/bicycle_pedestrian/publications/resurfacing/page04.cfm#cost_a2 5 https://www.cityofberkeley.info/Clerk/City_Council/2020/07_Jul/Documents/2020-07- 21_Presentations_Item_5_(6pm)_Pres_CMO_pdf.aspx
6 Berkeley Vision Zero Action Plan, March 10, 2019, page 13.

Equitable Safe Streets ACTION CALENDAR

Berkeley also has among the highest percentages of people who take transit, walk, and ride bicycles of any city of its size in the United States.7 In spite of this fact, most of our streets are designed in such a way that makes them unsafe for pedestrians, transit users, or for use by people who use mobility devices or bicycles.

This disparity can be resolved through better engineering and design of our city streets, which will save lives and often result in substantial savings for the city. In addition, new state legislation (AB-43, 2021) recognizes that high vehicle speeds are a primary factor in deadly and dangerous street conditions, and empowers California cities to lower speed limits on certain city streets to reduce traffic collisions and protect vulnerable road users.8
Recent History: Safety Measures Follow Tragedy, Increase Costs According to the Federal Highway Administration:
“It is generally significantly less expensive to install safety improvements as part of a resurfacing project than to build it as a standalone project … The cost for adding bike lanes during a resurfacing project costs approximately 40 percent of the cost of adding the lanes as a standalone project.”9 Over the past several years, safety conditions for Berkeley residents and visitors who do not drive have deteriorated, as evidenced by the growing number of crashes in Berkeley that have resulted in pedestrian and cyclist injury or death.10 In spite of the deaths and injuries on our streets, these crashes often do not result in safety improvements.

However, when local residents express sufficient outrage to City Hall over deadly conditions, the City sometimes rapidly responds with permanent or semi-permanent safety features – but had these features preceded, rather than followed, the crashes, they would have resulted in both lower costs to the city, and fewer traumatic injuries and deaths.

Examples of recent Berkeley street re-paving projects that led to increased costs due to a lack of safety features include:
● Fulton (Oxford): In 2015, Berkeley Public Works repaved Fulton/Oxford Street between Bancroft Way and Dwight, but did not add a safe bikeway as called for in Berkeley’s 2000 Bicycle Plan. Shortly afterward, Megan Schwarzman was hit 7 https://www.vitalsigns.mtc.ca.gov/commute-mode-choice 8 Assembly Bill 43, Traffic Safety, 2021
https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB43

9 https://www.fhwa.dot.gov/environment/bicycle_pedestrian/publications/resurfacing/page04.cfm#cost_a2 10 https://www.sfchronicle.com/local/article/Berkeley-bicycle-activist-struck-by-car-hours-16037329.php

Equitable Safe Streets ACTION CALENDAR

and severely injured by a driver while bicycling.11 After being pressured by the community to act, the City Council directed staff to re-stripe the roadway with a safer bikeway, adding 3 months of unplanned work and staff time. Costs would have been lower if the bikeway had been planned and implemented in a manner more consistent with existing city policy, and concurrent with re-paving. ● Hearst: After adoption of the 2000 Berkeley Bicycle Plan, Berkeley Public Works repaved Hearst Avenue, but did not include a safe bikeway, as called for in the Bicycle Plan. After years of pressure from residents concerned about street safety, Berkeley finally rebuilt and repaved the street in 2016 with safer facilities, and at significant cost. Costs would have been lower if the bikeway had been planned and implemented in a manner consistent with existing city policy, and concurrent with re-paving.
● Milvia Street: Berkeley repaved Milvia Street downtown using Measure BB funds (2014), and then in 2019, repaved Milvia Street in south Berkeley. But neither repaving included safe streets interventions called for in the then-approved bike plans. Berkeley then added extensive safe bicycling facilities in 2021/2022. Costs would have been lower if the bikeway had been planned and implemented in a manner consistent with existing city policy, and concurrent with re-paving. ● Dwight/California: In 2021, Berkeley embarked on safety improvements at the corner of Dwight and California, a “bicycle boulevard” and a “safe route to school,” after local residents expressed outrage over two children who were struck by drivers on their way to school. California and Dwight Streets were re- surfaced in 2015, but did not include enhancements to improve pedestrian and cyclist crossing conditions at this intersection.
● Concrete diagonal diverters: Berkeley installed many concrete diagonal diverters back in the 1970’s, and had to come back later with separate concrete work to make bicycle cut-throughs in these diverters for bikes to access neighborhood streets. Costs would have been lower if the cut-throughs had been included in the original design.

Street Safety First: Berkeley City Policy
In recent years, the traffic engineering profession has developed extensive tools and engineering guidelines for cities that seek to safely meet the mobility needs of all residents, including those who drive cars, walk, use mobility devices, ride bicycles, and/or use transit.

Many of these new tools, such as the Urban Streets Design Guide by the National Association of City Transportation Officials (NACTO), provide turnkey solutions for cities seeking to design and engineer roads to improve street safety for all road users. The Design Guide was developed in part to help cities seeking to enhance safety, and in part out of growing concern over the proven inadequacy of the Federal Highway 11 Raguso, E. (2016). Bike lane opens by near-fatal crash site. Berkeleyside. Retrieved from https://www.berkeleyside.org/2016/05/12/bike-lane-opens-in-berkeley-by-near-fatal-crash-site-no- charges-filed-yet-against-driver-who-police-say-was-high

Equitable Safe Streets ACTION CALENDAR

Administration’s Manual on Uniform Traffic Control Devices (MUTCD), which has led to dangerous and deadly conditions for vulnerable road users.121314 In fact, in several cases, the proscriptions of the MUTCD have delayed or precluded street safety improvements in Berkeley.15 Part of the reason may be that, under current case law, engineers may sometimes be held personally liable for deaths or injuries that can be proven to be the result of street engineering and design.

Over the past year, both the Federal Highway Administration1617 and Caltrans18 have issued guidance that allows city traffic engineers to use NACTO’s Urban Streets Design Guide in place of the MUTCD for projects that use Federal or State transportation funds.

In addition, FHWA has issued guidance that, in states where vulnerable road users make up 15% or more of the total number of fatalities in a state in a given year, the state is required to dedicate at least 15% of its Highway Safety Improvement Program funds the following fiscal year to projects that address the safety of these road users.

Additionally, the new guidance incorporates legislative changes to permit 100% Federal funding for certain pedestrian and bicyclist projects.19 Adopt New Complete Streets Engineering Guidelines
This resolution directs all City departments with a role in the design, engineering, maintenance, and administration of Berkeley surface streets to formally adopt the NACTO Urban Streets Design Guide as the primary design and engineering manual for Berkeley city streets.

The resolution further directs all City departments to restrict use of the MUTCD, which has been proven to lead to unsafe street designs,20 to only those projects where the Public Works Director certifies, in writing, that the MUTCD is better suited to achieving the City’s goal of reducing vehicle speeds, enhancing safety features for pedestrians, 12 Schmitt, A. (2021). Let’s Throw Away These Rules of the Road. Bloomberg. Retrieved from https://www.bloomberg.com/news/articles/2021-05-05/it-s-time-to-rewrite-the-road-builders-rule-book 13 National Association of City Transportation Officials. (2021). 25,000 Comments Calling for Safety and Equity Reforms to Once-Obscure Federal Street Manual. NACTO. Retrieved from https://nacto.org/2021/05/20/25000-comments-call-for-reforming-mutcd/ 14 Shill, G. & Bronin, S. (2021). Rewriting Our Nation’s Deadly Traffic Manual. Harvard Law Review.

Retrieved from https://harvardlawreview.org/2021/10/rewriting-our-nations-deadly-traffic-manual/ 15 Harrington, T. (2021). Berkeley’s plans to make Dwight and California safer get mixed reviews.

Berkeleyside. Retrieved from https://www.berkeleyside.org/2021/05/16/berkeleys-plans-to-make-dwight- and-california-safer-get-mixed-reviews
16 “National Roadway Safety Strategy,” US Department of Transportation, Jan 2022 https://www.transportation.gov/NRSS
17“Bicycle and Pedestrian Facility Design Flexibility,” US Department of Transportation - FHWA, Aug 2013 https://www.fhwa.dot.gov/environment/bicycle_pedestrian/guidance/design_flexibility.cfm 18 “Caltrans to Require ‘Complete Streets’ Features in Planning and Design of All New Projects,” Dec 20, 2021 https://dot.ca.gov/news-releases/news-release-2021-039 19 https://safety.fhwa.dot.gov/hsip/rulemaking/docs/BIL_HSIP_Eligibility_Guidance.pdf 20 See footnote 12.

Equitable Safe Streets ACTION CALENDAR

cyclists, and people who use mobility devices, and ending traffic conflicts between cars and other road users.

In all cases where the MUTCD must be used, all City departments shall first exercise “engineering judgment,” as defined in the MUTCD, to ensure safe street designs, including such judgment as may result in modification or overruling of MUTCD standards. In cases where “engineering judgment” can not be used to reduce vehicle speeds or otherwise enhance street safety conditions for all road users, all City departments shall issue formal findings, approved by the Public Works director, that document why a street can not be made safe for all road users, and vehicle speed and throughput must be prioritized.

The resolution directs city departments to ensure that all requests for funding related to any project, on any surface street, sidewalk, bicycle facility, or other transportation infrastructure within city borders, prioritize and implement designs that ensure the safety of vulnerable users who are not in private automobiles, as established in numerous past policy directives of the Berkeley City Council.21
This resolution further prohibits all City departments from spending any city financial resources on any street that does not include the “best in class” design for Complete Streets unless the safety benefits are outweighed by other considerations.

It further prohibits City departments from requiring traffic studies or other measurements related to impacts on “Level of Service” (vehicle speed/throughput) in consideration of street safety improvements, if such improvements will either a) improve safe travel conditions for vulnerable road users, or b) reduce Vehicle Miles Traveled, as established by State of California22 and City of Berkeley climate and land use policies, or c) if such improvements are otherwise consistent with guidance in the Complete Streets provisions of NACTO and Caltrans.

It further directs all departments to maintain the priority of street safety interventions in situations where budget is a limiting factor in street repair/improvements, by prioritizing the use of “quick build”23 approaches which improve street safety via rapidly-deployed, lower-cost, temporary measures.
21 e.g. Berkeley Bicycle Plan, 2017; Berkeley Pedestrian Plan, 2020; BIBIMBAP [https://www.cityofberkeley.info/Clerk/City_Council/2019/10_Oct/Documents/2019-10- 29_Item_31_Referral_Develop_a_Bicycle_Lane_-_Rev_(2).aspx]; Berkeley Pedestrian Safety Report 1998; Downtown Area Plan, 2012; West Berkeley Plan, 1993; Adeline Corridor Specific Plan (in progress); University Avenue Plan, 1996.
22 California Senate Bill 743, passed in 2013, mandates that jurisdictions can no longer use automobile delay – commonly measured by Level of Service (LOS) – in transportation analysis under the California Environmental Quality Act (CEQA). Full implementation was delayed until 2019. https://www.vta.org/projects/level-service-los-vehicle-miles-traveled-vmt-transition 23“Quick build” projects are reversible, adjustable traffic safety improvements that can be installed relatively quickly. Unlike major capital projects that may take years to plan, design, bid and construct, quick-build projects are constructed within weeks or months and are intended to be evaluated and

Equitable Safe Streets ACTION CALENDAR

Definitions:
● Complete Streets: On December 11, 2012, Berkeley City Council adopted a Complete Streets Policy (Resolution 65,978-N.S.) to guide future street design and repair activities. “Complete Streets,” describes a comprehensive, integrated transportation network with infrastructure and design that allows safe and convenient travel along and across streets for all users, including pedestrians, bicyclists, persons with disabilities, motorists, movers of commercial goods, users and operators of public transportation, emergency vehicles, seniors, children, youth, and families.24
● NACTO Urban Street Design Guide: An engineering manual for cities that adopt Complete Streets policies.
● Level of Service (LOS): A discontinued method of evaluating transportation infrastructure projects based on vehicle speed and throughput; SB 743, passed in 2013, prohibited LOS in CEQA analysis in the State of California, but the law is under-enforced and LOS is still commonly used.
● Vehicle Miles Traveled (VMT): A measure of the impact of car use on air quality and street safety based on the number of miles traveled by car. It is long- standing policy of the City of Berkeley and the State of California to reduce VMT to achieve climate and safe streets policies.
● MUTCD: The Manual on Uniform Traffic Control Devices. This controversial manual has been blamed for dangerous street designs throughout the United States. Federal and State transportation authorities are in the process of revising it, and have encouraged jurisdictions that seek to accelerate progress on safe streets to use other engineering and street design guidelines.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
While cars represent the majority of the climate pollution within the city at 59%, Berkeley also has a very high mode share25 among residents and visitors who walk, ride transit, use mobility devices, and ride bicycles. These modes of travel are the lowest-carbon options available, and the City has many policies focused on incentivizing and increasing their use.

However, abundant research about mode choice shows that people hesitate to shift to more sustainable forms of mobility in areas with deadly and dangerous car traffic – which describes most of the City of Berkeley.26
reviewed within the initial 24 months of construction. https://www.sfmta.com/vision-zero-quick-build- projects
24 https://www.cityofberkeley.info/completestreetspolicy/ 25 https://www.cityofberkeley.info/uploadedFiles/Public_Works/Level_3_-_Transportation/Berkeley- Bicycle-Plan-2017-Executive%20Summary.pdf
26 Raguso, E. (2020). Berkeleyside interactive maps: Cyclist and pedestrian injury crashes in 2019.

Berkeleyside. Retrieved from https://www.berkeleyside.org/2020/01/28/berkeleyside-interactive-maps- cyclist-and-pedestrian-injury-crashes-in-2019

Equitable Safe Streets ACTION CALENDAR

In addition to having a high mode share for non-car modes, Berkeley also has among the highest rates, per capita, of traffic violence involving people not in cars. The correlation is direct: Our unsafe streets are harming people, and preventing the city from achieving its goals on both climate action, and safe mobility.

CONTACT PERSON
Councilmember Taplin Council District 2 510-981-7120

ATTACHMENTS

1. Resolution

2. City of Palo Alto resolution adopting the NACTO Urban Bikeway Design Guide

3. City of Oakland Public Works Director letter of endorsement of NACTO Urban Street Design Guide

4. Assembly Bill 43 (2021)

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

EQUITABLE SAFE STREETS AND CLIMATE JUSTICE RESOLUTION
WHEREAS, Berkeley’s climate action plan calls for an 80% reduction in climate pollution by 2050, and private automobiles represent 59% of the City’s climate pollution; and WHEREAS, progress on Berkeley’s climate action plan will depend in large part on reducing “vehicle miles traveled,” or the amount people drive private cars within city limits; and
WHEREAS, Berkeley’s bicycle plan proposed in 1971 called for a city-wide network of safe bicycle routes; and
WHEREAS, Berkeley adopted an action plan for Vision Zero in 2019; and WHEREAS, Berkeley’s existing policy on street engineering and safety calls for “Complete Streets” as defined by the National Association of City Transportation Officials (NACTO);
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley that any and all funds that are to be used for the design of major roadway projects such as roadway reconstruction/repaving of more than one city block of city streets and related facilities shall only be disbursed for projects that fully integrate Complete Streets (as defined by NACTO) and all feasible safety interventions designed to reduce automobile speed and protect the lives of people outside of automobiles; BE IT FURTHER RESOLVED that in all cases where Complete Streets can not be fully implemented, or in cases where the MUTCD must be used in place of the NACTO Urban Streets Design Guide, City Staff shall use “engineering judgment” to prioritize the safety of vulnerable road users, and not rely on MUTCD “warrants” and other proscriptions; BE IT FURTHER RESOLVED that pursuant to AB-43 (2021), no city official shall apply the “85th percentile” rule in the process of setting speed limits on city streets, but rather, determine via safety studies and other documented engineering findings by the Public Works Director, when higher speeds are appropriate and are the safest option for all road users, provided however, that all criteria for setting local speed limits set forth in the California Vehicle Code, including Sections 22358.6 to 22358.9, are complied with in setting speed limits, even if inconsistent with this clause.

City of Palo Alto (ID # 6222)
City Council Staff Report

Report Type: Consent Calendar Meeting Date: 10/26/2015

City of Palo Alto Page 1

Summary Title: Adoption of NACTO Design Guidelines
Title: Adoption of a Resolution to Adopt the National Association of City Transportation Officials (NACTO) Design Guidelines
From: City Manager
Lead Department: Planning and Community Environment

Recommendation
Adopt the proposed Resolution (Attachment A) to adopt the National Association of City Transportation Officials (NACTO) Urban Street Design Guide and Urban Bikeway Design Guide as supplements to the City of Palo Alto Bicycle and Pedestrian Plan.

Executive Summary
Adopting the National Association of City Transportation Officials (NACTO) street design guides will provide additional support in the City’s efforts to introduce complete street ideas into the design and operation of streets by providing design guidance on transportation infrastructure.

City staff will continue to work proactively with the community to provide convenient, safe, and context-sensitive facilities that promote increased use by people who walk and bicycle. When NACTO guidance or other design guidance is used, the City will continue to utilize sound planning and engineering judgment when determining the best solution for a local need.

Background
Streets often fail to provide their surrounding communities with a space where pe ople can safely walk, bicycle, drive, take transit, and socialize. Complete Streets integrates people and place in the planning, design, construction, operation, and maintenance of our transportation networks. Cities are leading the movement to redesign an d reinvest in our streets as cherished public spaces for people, as well as critical arteries for traffic.

The National Association of City Transportation Officials (NACTO) facilitates the exchange of transportation ideas, insights and best practices among cities, while fostering a cooperative approach to key issues facing cities and metropolitan areas. The NACTO Urban Street Design Guide and Urban Bikeway Design Guide offer a vision for improving the safety and livability of our streets for people who walk, bicycle, drive, and ride transit. The guidance and flexibility

City of Palo Alto Page 2

articulated in these guides serve as an additional tool for planning modern city streets to safely accommodate current and future residents, workers and visitors within limited space.

In September 2014, Governor Jerry Brown signed Assembly Bill 1193, the Protected Bikeways Act. AB 1193 eliminates a requirement previously imposed on local agencies to follow Caltrans bikeway design rules on local streets and roads. AB 1193 grants cities flexibility to use alternative design standards, such as those published by the National Association of City Transportation Officials (NACTO), on locally-owned streets and roads. Prior to utilizing alternative designs, the law requires all of the following conditions be met:

(1) The alternative criteria have been reviewed and approved by a qualified engineer with consideration for the unique characteristics and features of the proposed bikeway and surrounding environs.
(2) The alternative criteria, or the description of the project with reference to the alternative criteria, are adopted by resolution at a public meeting, after having provided prop
er notice of the public meeting and opportunity for public comment. (3) The alternative criteria adhere to guidelines established by a national association of public agency transportation officials.

Discussion
The City of Palo Alto Comprehensive Plan, Climate Action Plan, and Bicycle and Pedestrian Transportation Plan establish clear support and priority for investing in non-motorized transportation, improving access to transit, and reducing dependence on single-occupant vehicles to improve the overall efficiency of the transportation system.

The passage of the Protected Bikeways Act in September 2014 requires that if a local agency wishes to use an alternative design standard, that this design standard be adopted by resolution at a public meeting.

Adopting the NACTO street design guides will provide additional support in the City’s efforts to introduce complete street ideas into the design and operation of streets by providing design guidance on transportation infrastructure. City staff will continue to work proactively with the community to provide convenient, safe, and context-sensitive facilities that promote increased use by people who walk and bicycle. When NACTO guidance or other design guidance is used, the City will continue to utilize sound planning and engineering judgment when determining the best solution for a local need.

Attachment A provides a proposed Resolution to adopt the NACTO Design Guidelines.

The NACTO Guides may be reviewed or ordered online as outlined in Attachment B. A hardcopy is available for review only at the City of Palo Alto Transportation Division, 250 Hamilton Avenue, 5th floor.

City of Palo Alto Page 3

NACTO Urban Bikeway Design Guide
The NACTO Urban Bikeway Design Guide is based on the experience of the best cycling cities in the world. To create the guide, the authors conducted a worldwide literature search of design guidelines and real -life exper ience and worked closely with a panel of planning professionals from NACTO member cities, as well as traffic engineers, planners, and academics.

Most of these treatments are not directly referenced in the current version of the AASHTO Guide to Bikeway Facilities, although they are virtually all (with two exceptions) permitted under the Manual on Uniform Traffic Control Devices (MUTCD). The MUTCD is published by the Federal Highway Administration (FHWA) to define the standards used by road managers nationwide to install and maintain traffic control devices on all public streets, highways, bikeways, and private roads open to public travel. The MUTCD, which has been administered by the FHWA since 1971, is a compilation of national standards for all traffic control devices, including road markings, highway signs, and traffic signals. It is updated periodically to accommodate the nation's changing transportation needs and address new safety technologies, traffic control tools and traffic management techniques.

In August 2013, the Federal Highway Administration issued a memorandum officially supporting use of the NACTO Urban Bikeway Design Guide . All of the NACTO Urban Bikeway Design Guide treatments are in use internationally and in many cities around the United States.

For each treatment in the Urban Bikeway Design Guide, NACTO provides three levels of guidance:
 Required: elements for which there is a strong consensus that the treatment cannot be implemented without.
 Recommended: elements for which there is a strong consensus of added value.

 Optional: elements that vary across cities and may add value depending on the situation.

NACTO emphasizes that treatments must be tailored to the individual situation with thorough documentation of decisions. To assist with this, the NACTO Urban Bikeway Design Guide links to companion reference material and studies.

Palo Alto Pedestrian and Bicycle Advisory Committee Review

Staff brought a draft proposed Resolution to the Palo Alto Pedestrian and Bicycle Advisory Committee (PABAC) for input on August 4, 2015. PABAC members suggested minor edits to the Resolution which have been incorporated by staff. On September 1, 2015, PABAC reviewed the revised Resolution and passed a unanimous motion recommending adoption of the NA CTO guidelines by the City Council.

City of Palo Alto Page 4

Planning and Transportation Commission Review

On September 9, 2015, the Planning and Transportation Commission unanimously recommended the City Council adopt the Resolution adopting the NACTO guidelines.

Resource Impact
Adopting the NACTO Design Guidelines will give the City flexibility in designing bicycle and pedestrian facilities. There is no definable impact on the cost of future capital projects.

Policy Implications
Adoption of the NACTO Design Guides as suppl ementary guidelines is consistent with the Comprehensive Plan, Bicycle + Pedestrian Transportation Plan, and Climate Action Plan.

Environmental Review
Adoption of this resolution does not meet the definition of a project, therefore no environmental review is required.

Attachments:
 Attachment A: Resolution to Adopt NACTO Urban Street and Bikeway Design Guidelines (
PDF)
 Attachment B: Design Guides (PDF)

NOT YET APPROVED
150727 jb 0131474
Resolution No. ____
Resolution of the Council of the City of Palo Alto Adopting the National Association of City Transportation Officials Urban Street Design and Bikeway Design Guidelines

R E C I T A
L S
A. The City
of Palo Alto Comprehensive Plan, Climate Action Plan, and Bicycle and Pedestrian Plan establish clear support and priority for investing in non-motorized transportation, improving access to transit, and reducing dependence on single-occupant vehicles to improve the overall efficiency of the transportation system.

B. The Nat
ional Association of City Transportation Officials (NACTO) Urban Street Design Guide available at http://nacto.org/publication/urban-street-design-guide and Urban Bikeway Design Guide available at http://nacto.org/publication/urban-bikeway-design-guide/ offers supplementary guidance on complete streets to cities nationally.

C. The NACT
O Urban Street Design Guide and Urban Bikeway Design Guide offer a vision for improving the safety and livability of our streets for people who walk, bicycle, drive, and ride transit. The guidance and flexibility articulated in these guides serve as an additional tool for planning modern city streets to safely accommodate current and future residents, workers and visitors within limited space.

D. The State
Department of Transportation (Caltrans) has endorsed NACTO guides to “put additional tools in the tool box for both Caltrans staff and local agencies to reference when making project decisions on facilities for which they are responsible.” E. The NACT
O Urban Street Design Guide and Urban Bikeway Design Guide are intended as supplemental guidelines and do not create mandatory requirements.

F. The Cit
y of Palo Alto will work proactively with the community to provide convenient, safe, and context-sensitive facilities that promote increased use by people who walk and bicycle.

G. When NA
CTO guidance or other design guidance is utilized, the City of Palo Alto will continue to utilize sound planning and engineering judgment when determining the best solution for a local need.

H. The Palo Alt
o Pedestrian and Bicycle Advisory Committee and Planning and Transportation Commission have transmitted their recommendations.

ATTACHMENT APage 14 of 26

NOT YET APPROVED

150727 jb 0131474
NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows:

SECTION 1. The Council hereby adopts the NACTO Urban Street Design Guide and Urban Bikeway Design Guide referenced in Paragraph B above, and as amended from time to time, as supplements to the City of Palo Alto Bicycle Plan.

SECTION 2. The Council finds that the adoption of this resolution does not meet the definition of a project under Public Resources Code Section 21065, thus, no environmental assessment under the California Environmental Quality Act is required.

INTRODUCED AND PASSED:

AYES:

NOES:

ABSENT:

ABSTENTIONS:

ATTEST:

__________________________ _____________________________ City Clerk Mayor

APPROVED AS TO FORM: APPROVED:

__________________________ _____________________________ Senior Assistant City Attorney City Manager

_____________________________
Director of Planning and Community
Environment

_____________________________
Director of Administrative Services

Attachment B
NACTO Ur
ban Street Design Guide
Please visit:
http://nacto.org/publication/urban-street-design-guide/ NACTO
Urban Bikeway Design Guide
Please visit:
http://nacto.org/publication/urban-bikeway-design-guide/

Assembly Bill No. 43
CHAPTER 690
An act to amend Sections 627, 21400, 22352, 22354, 22358, and 40802 of, and to add Sections 22358.6, 22358.7, 22358.8, and 22358.9 to, the Vehicle Code, relating to traffic safety.
[Approved by Governor October 8, 2021. Filed with Secretary of State October 8, 2021.]
legislative counsel’s digest
AB 43, Friedman. Traffic safety.
(1)  Existing law establishes various default speed limits for vehicles upon highways, as specified. Existing law authorizes state and local authorities to adjust these default speed limits, as specified, based upon certain findings determined by an engineering and traffic survey. Existing law defines an engineering and traffic survey and prescribes specified factors that must be included in the survey, including prevailing speeds and road conditions.

Existing law authorizes local authorities to consider additional factors, including pedestrian and bicyclist safety.

This bill would authorize local authorities to consider the safety of vulnerable pedestrian groups, as specified.
(2)  Existing law establishes a prima facie speed limit of 25 miles per hour on an
y highway, other than a state highway, located in any business or residence district, as defined. Existing law authorizes a local authority to change the speed limit on any such highway, as prescribed, including erecting signs to give notice thereof.

This bill would establish a prima facie speed limit of 25 miles per hour on state highways located in any business or residence district and would authorize the Department of Transportation (Caltrans) to change the speed limit on any such highway, as prescribed, including erecting signs to give notice thereof.
(3)  Existing law establishes a speed limit of 65 miles per hour on state highw
ays, as specified. Existing law authorizes Caltrans to declare a speed limit on any such highway, as prescribed, of 60, 55, 50, 45, 40, 35, 30, or 25 miles per hour, including erecting signs to give notice thereof. Existing law also authorizes a local authority, on a section of highway, other than a state highway, where the speed limit is 65 miles per hour to declare a lower speed limit, as specified.

This bill would additionally authorize Caltrans and a local authority to declare a speed limit of 20 or 15 miles per hour, as specified, on these highways.
(4)  Existing law authorizes a local authority, without an engineering and traffic surv
ey, to declare a lowered speed limit on portions of highway, as

90

specified, approaching a school building or school grounds. Existing law limits this authority to sections of highway meeting specified requirements relating to the number of lanes and the speed limit of the highway before the school zone.

This bill would similarly authorize a lowered speed limit on a section of highway contiguous to a business activity district, as defined, and would require that certain violations be subject to a warning citation, for the first 30 days of implementation.
(5)  Existing law requires Caltrans, by regulation, to provide for the rounding up or do
wn to the nearest 5 miles per hour increment of the 85th percentile speed of free-flowing traffic on a portion of highway as determined by a traffic and engineering survey. Existing law requires the Judicial Council to create and implement an online tool by June 30, 2024, for the adjudication of traffic infractions, among other things.

This bill would authorize a local authority to further reduce the speed limit, as specified, and require that certain violations be subject to a warning citation, for the first 30 days of implementation. The bill would, in some circumstances, authorize the reduction of a speed limit beginning June 30, 2024, or when the Judicial Council has developed an online tool for adjudicating traffic infraction violations, whichever is sooner. The bill would require Caltrans to accordingly revise the California Manual on Uniform Traffic Control Devices, as specified.
(6)  Existing law defines a speed trap and prohibits evidence of a driver’s speed obtained through a speed trap from being admissible in court in an y
prosecution against a driver for a speed-related offense. Existing law deems a road where the speed limit is not justified by a traffic and engineering survey conducted within the previous 7 years to be a speed trap, unless the roadway has been evaluated by a registered engineer, as specified, in which case the speed limit remains enforceable for a period of 10 years. Existing law exempts a school zone, as defined, from certain provisions relating to defining a speed trap.

This bill would extend the period that a speed limit justified by a traffic and engineering survey conducted more the 7 years ago remains valid, for purposes of speed enforcement, if evaluated by a registered engineer, as specified, to 14 years.

This bill would also exempt a senior zone and business activity district, as defined, from those provisions.

The people of the State of California do enact as follows:

SECTION 1.

Section 627 of the Vehicle Code is amended to read:
627. (a)  “Engineering and traffic survey,” as used in this code, means a surv
ey of highway and traffic conditions in accordance with methods determined by the Department of Transportation for use by state and local authorities.
90 —
2 — Ch. 690

(b)  An engineering and traffic survey shall include, among other requirements deemed necessary by the department, consideration of all of the follo
wing:
(1)  Prevailing speeds as determined by traffic engineering measurements. (2)  Accident records.
(3)
Highway, traffic, and roadside conditions not readily apparent to the dri
ver.
(c)  When conducting an engineering and traffic survey, local authorities, in addition to the f
actors set forth in paragraphs (1) to (3), inclusive, of subdivision (b) may consider all of the following:
(1)  Residential density, if any of the following conditions exist on the particular portion of highw
ay and the property contiguous thereto, other
than a business district:
(A)  Upon one side of the highway, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 13 or more separate dwelling houses or b
usiness structures.
(B)  Upon both sides of the highway, collectively, within a distance of a quarter of a mile, the contiguous property fronting thereon is occupied by 16 or more separate dwelling houses or b
usiness structures.
(C)  The portion of highway is longer than one-quarter of a mile but has the ratio of separate dwelling houses or b
usiness structures to the length of
the highway described in either subparagraph (A) or (B). (2)  Safety of bicyclists and pedestrians, with increased consideration for vulnerable pedestrian groups including children, seniors, persons with disabilities, users of personal assisti
ve mobility devices, and the unhoused.

SEC. 2. Section 21400 of the Vehicle Code is amended to read:
21400. (a)  The Department of Transportation shall, after consultation with local agencies and public hearings, adopt rules and regulations prescribing uniform standards and specifications for all official traffic control devices placed pursuant to this code, including, but not limited to, stop signs, yield right-of-way signs, speed restriction signs, railroad warning approach signs, street name signs, lines and markings on the roadway, and stock crossing signs placed pursuant to Section 21364.
(b)  The Department of Transportation shall, after notice and public hearing, determine and publicize the specifications for uniform types of w
arning signs, lights, and devices to be placed upon a highway by a person engaged in performing work that interferes with or endangers the safe movement of traffic upon that highway.
(c)  Only those signs, lights, and devices as are provided for in this section shall be placed upon a highway to warn traffic of work that is being performed on the highway.
(d)   Control devices or markings installed upon traffic barriers on or after January 1, 1984, shall conform to the uniform standards and specifications required by this section.

SEC. 3.

Section 22352 of the Vehicle Code is amended to read:
90 Ch. 690 — 3 —

22352. The prima facie limits are as follows and shall be applicable unless changed as authorized in this code and, if so changed, only when signs have been erected giving notice thereof:
(a)  Fifteen miles per hour:
(1)
When traversing a railway grade crossing, if during the last 100 feet of the approach to the crossing the dri
ver does not have a clear and
unobstructed view of the crossing and of any traffic on the railway for a distance of 400 feet in both directions along the railway. This subdivision does not apply in the case of any railway grade crossing where a human flagperson is on duty or a clearly visible electrical or mechanical railway crossing signal device is installed but does not then indicate the immediate approach of a railway train or car.
(2)  When traversing any intersection of highways if during the last 100 feet of the dri
ver’s approach to the intersection the driver does not have a clear and unobstructed view of the intersection and of any traffic upon all of the highways entering the intersection for a distance of 100 feet along all those highways, except at an intersection protected by stop signs or yield right-of-way signs or controlled by official traffic control signals. (3)  On any alley.
(b)
Twenty-five miles per hour:
(1)
On any highway, in any business or residence district unless a different speed is determined by local authority or the Department of Transportation under procedures set forth in this code.
(2)  When approaching or passing a school building or the grounds thereof, contiguous to a highway and posted with a standard “SCHOOL” warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. The prima facie limit shall also apply when approaching or passing any school grounds which are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children and the highway is posted with a standard “SCHOOL” warning sign. For purposes of this subparagraph, standard “SCHOOL” warning signs may be placed at any distance up to 500 feet away from school grounds.
(3)  When passing a senior center or other facility primarily used by senior citizens, contiguous to a street other than a state highway and posted with a standard “SENIOR” warning sign. A local authority may erect a sign pursuant to this paragraph when the local agency makes a determination that the proposed signing should be implemented. A local authority may request grant funding from the Active Transportation Program pursuant to Chapter 8 (commencing with Section 2380) of Division 3 of the Streets and Highways Code, or any other grant funding available to it, and use that grant funding to pay for the erection of those signs, or may utilize any other funds available to it to pay for the erection of those signs, including, but not limited to, donations from private sources.

SEC. 4.

Section 22354 of the Vehicle Code is amended to read:
22354. (a)  Whenever the Department of Transportation determines upon the basis of an engineering and traffic survey that the limit of 65 miles 90 — 4 — Ch. 690

per hour is more than is reasonable or safe upon any portion of a state highway where the limit of 65 miles is applicable, the department may determine and declare a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30, 25, 20, or 15 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe, which declared prima facie speed limit shall be effective when appropriate signs giving notice thereof are erected upon the highway.
(b)  This section shall become operative on the date specified in subdi
vision (c) of Section 22366.

SEC. 5. Section 22358 of the Vehicle Code is amended to read:
22358. (a)  Whenever a local authority determines upon the basis of an engineering and traffic survey that the limit of 65 miles per hour is more than is reasonable or safe upon any portion of any street other than a state highway where the limit of 65 miles per hour is applicable, the local authority may by ordinance determine and declare a prima facie speed limit of 60, 55, 50, 45, 40, 35, 30, 25, 20, or 15 miles per hour, whichever is found most appropriate to facilitate the orderly movement of traffic and is reasonable and safe, which declared prima facie limit shall be effective when appropriate signs giving notice thereof are erected upon the street. (b)  This section shall become operative on the date specified in subdi
vision (c) of Section 22366.

SEC. 6. Section 22358.6 is added to the Vehicle Code, to read:
22358.6. The Department of Transportation shall, in the next scheduled revision, revise and thereafter maintain the California Manual on Uniform Traffic Control Devices to require the Department of Transportation or a local authority to round speed limits to the nearest five miles per hour of the 85th percentile of the free-flowing traffic. However, in cases in which the speed limit needs to be rounded up to the nearest five miles per hour increment of the 85th-percentile speed, the Department of Transportation or a local authority may decide to instead round down the speed limit to the lower five miles per hour increment. A local authority may additionally lower the speed limit as provided in Sections 22358.7 and 22358.8.

SEC. 7.

Section 22358.7 is added to the Vehicle Code, to read:
22358.7. (a)  If a local authority, after completing an engineering and traffic surv
ey, finds that the speed limit is still more than is reasonable or safe, the local authority may, by ordinance, determine and declare a prima facie speed limit that has been reduced an additional five miles per hour for either of the following reasons:
(1)  The portion of highway has been designated as a safety corridor. A local authority shall not deem more than one-fifth of their streets as safety corridors.
(2)
The portion of highway is adjacent to any land or facility that generates high concentrations of bic
yclists or pedestrians, especially those
from vulnerable groups such as children, seniors, persons with disabilities, and the unhoused.
(b)  (1)  As used in this section, “safety corridor” shall be defined by the Department of
Transportation in the next revision of the California Manual 90 Ch. 690 — 5 —

on Uniform Traffic Control Devices. In making this determination, the department shall consider highways that have the highest number of serious injuries and fatalities based on collision data that may be derived from, but not limited to, the Statewide Integrated Traffic Records System. (2)  The Department of Transportation shall, in the next revision of the California Manual on Uniform
Traffic Control Devices, determine what
constitutes land or facilities that generate high concentrations of bicyclists and pedestrians, as used in paragraph (2) of subdivision (a). In making this determination, the department shall consider density, road use type, and bicycle and pedestrian infrastructure present on a section of highway. (c)  A local authority may not lower a speed limit as authorized by this section until June 30, 2024, or until the Judicial Council has de veloped an
online tool for adjudicating infraction violations statewide as specified in Article 7 (commencing with Section 68645) of Chapter 2 of Title 8 of the Government Code, whichever is sooner.
(d)  A local authority shall issue only warning citations for violations of e
xceeding the speed limit by 10 miles per hour or less for the first 30 days that a lower speed limit is in effect as authorized by this section.

SEC. 8. Section 22358.8 is added to the Vehicle Code, to read:
22358.8. (a)  If a local authority, after completing an engineering and traffic surv
ey, finds that the speed limit is still more than is reasonable or safe, the local authority may, by ordinance, retain the current speed limit or restore the immediately prior speed limit if that speed limit was established with an engineering and traffic survey and if a registered engineer has evaluated the section of highway and determined that no additional general purpose lanes have been added to the roadway since completion of the traffic survey that established the prior speed limit.
(b)  This section does not authorize a speed limit to be reduced by any more than fiv
e miles per hour from the current speed limit nor below the immediately prior speed limit.
(c)  A local authority shall issue only warning citations for violations of e
xceeding the speed limit by 10 miles per hour or less for the first 30 days that a lower speed limit is in effect as authorized by this section.

SEC. 9. Section 22358.9 is added to the Vehicle Code, to read:
22358.9. (a)  (1)  Notwithstanding any other law, a local authority may, by ordinance, determine and declare a 25 or 20 miles per hour prima f acie
speed limit on a highway contiguous to a business activity district when posted with a sign that indicates a speed limit of 25 or 20 miles per hour. (2)  The prima facie limits established under paragraph (1) apply only to highw
ays that meet all of the following conditions:
(A)  A maximum of four traffic lanes.
(B)
A maximum posted 30 miles per hour prima facie speed limit immediately prior to and after the b
usiness activity district, if establishing
a 25 miles per hour speed limit.
(C)  A maximum posted 25 miles per hour prima facie speed limit immediately prior to and after the b
usiness activity district, if establishing
a 20 miles per hour speed limit.
90 — 6 — Ch. 690

(b)  As used in this section, a “business activity district” is that portion of a highw
ay and the property contiguous thereto that includes central or neighborhood downtowns, urban villages, or zoning designations that prioritize commercial land uses at the downtown or neighborhood scale and meets at least three of the following requirements in paragraphs (1) to (4), inclusive:
(1)  No less than 50 percent of the contiguous property fronting the highw
ay consists of retail or dining commercial uses, including outdoor dining, that open directly onto sidewalks adjacent to the highway. (2)  Parking, including parallel, diagonal, or perpendicular spaces located alongside the highway.
(3)  Traffic control signals or stop signs regulating traffic flow on the highw
ay, located at intervals of no more than 600 feet.
(4)  Marked crosswalks not controlled by a traffic control device. (c)
A local authority shall not declare a prima facie speed limit under this section on a portion of a highw
ay where the local authority has already
lowered the speed limit as permitted under Sections 22358.7 and 22358.8. (d)  A local authority shall issue only warning citations for violations of e
xceeding the speed limit by 10 miles per hour or less for the first 30 days that a lower speed limit is in effect as authorized by this section.

SEC. 10. Section 40802 of the Vehicle Code is amended to read:
40802. (a)  A “speed trap” is either of the following:
(1)  A particular section of a highway measured as to distance and with boundaries mark
ed, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance.
(2)  A particular section of a highway with a prima facie speed limit that is pro
vided by this code or by local ordinance under paragraph (1) of subdivision (b) of Section 22352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within five years prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects. This paragraph does not apply to a local street, road, school zone, senior zone, or business activity district.
(b)  (1)  For purposes of this section, a local street or road is one that is functionally classified as “local” on the “California Road System Maps, ”
that are approved by the Federal Highway Administration and maintained by the Department of Transportation. It may also be defined as a “local street or road” if it primarily provides access to abutting residential property and meets the following three conditions:
(A)  Roadway width of not more than 40 feet.
(B)
Not more than one-half of a mile of uninterrupted length. Interruptions shall include official traffic control signals as defined in Section 445. (C)  Not more than one traffic lane in each direction.
(2)
For purposes of this section, “school zone” means that area approaching or passing a school b
uilding or the grounds thereof that is
90 Ch. 690 — 7 —

contiguous to a highway and on which is posted a standard “SCHOOL” warning sign, while children are going to or leaving the school either during school hours or during the noon recess period. “School zone” also includes the area approaching or passing any school grounds that are not separated from the highway by a fence, gate, or other physical barrier while the grounds are in use by children if that highway is posted with a standard “SCHOOL” warning sign.
(3)  For purposes of this section, “senior zone” means that area approaching or passing a senior center b
uilding or other facility primarily
used by senior citizens, or the grounds thereof that is contiguous to a highway and on which is posted a standard “SENIOR” warning sign, pursuant to Section 22352.
(4)  For purposes of this section, “business activity district” means a section of highw
ay described in subdivision (b) of Section 22358.9 in which a standard 25 miles per hour or 20 miles per hour speed limit sign has been posted pursuant to paragraph (1) of subdivision (a) of that section. (c)  (1)  When all of the following criteria are met, paragraph (2) of this subdi
vision shall be applicable and subdivision (a) shall not be applicable:
(A)  When radar is used, the arresting officer has successfully completed a radar operator course of not less than 24 hours on the use of police traffic radar
, and the course was approved and certified by the Commission on Peace Officer Standards and Training.
(B)  When laser or any other electronic device is used to measure the speed of mo
ving objects, the arresting officer has successfully completed the training required in subparagraph (A) and an additional training course of not less than two hours approved and certified by the Commission on Peace Officer Standards and Training.
(C)  (i)  The prosecution proved that the arresting officer complied with subparagraphs (A) and (B) and that an engineering and traffic surv ey has
been conducted in accordance with subparagraph (B) of paragraph (2). The prosecution proved that, prior to the officer issuing the notice to appear, the arresting officer established that the radar, laser, or other electronic device conformed to the requirements of subparagraph (D).
(ii)  The prosecution proved the speed of the accused was unsafe for the conditions present at the time of alle
ged violation unless the citation was
for a violation of Section 22349, 22356, or 22406.
(D)  The radar, laser, or other electronic device used to measure the speed of the accused meets or e
xceeds the minimal operational standards of the
National Highway Traffic Safety Administration, and has been calibrated within the three years prior to the date of the alleged violation by an independent certified laser or radar repair and testing or calibration facility. (2)  A “speed trap” is either of the following:
(A)
A particular section of a highway measured as to distance and with boundaries mark
ed, designated, or otherwise determined in order that the speed of a vehicle may be calculated by securing the time it takes the vehicle to travel the known distance.
90 —
8 — Ch. 690

(B)  (i)  A particular section of a highway or state highway with a prima f
acie speed limit that is provided by this code or by local ordinance under paragraph (1) of subdivision (b) of Section 22352, or established under Section 22354, 22357, 22358, or 22358.3, if that prima facie speed limit is not justified by an engineering and traffic survey conducted within one of the following time periods, prior to the date of the alleged violation, and enforcement of the speed limit involves the use of radar or any other electronic device that measures the speed of moving objects:
(I)  Except as specified in subclause (II), seven years. (II)
If an engineering and traffic survey was conducted more than seven years prior to the date of the alle
ged violation, and a registered engineer
evaluates the section of the highway and determines that no significant changes in roadway or traffic conditions have occurred, including, but not limited to, changes in adjoining property or land use, roadway width, or traffic volume, 14 years.
(ii)  This subparagraph does not apply to a local street, road, or school zone, senior zone, or b
usiness activity district.

O
90 Ch. 690 — 9 —

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

ACTION CALENDAR
September 13, 2022
To: Honorable Mayor and Members of the City Council
From: Councilmember Taplin, Councilmember Robinson (co-sponsor) Subject: Efficiency Unit Ordinance

RECOMMENDATION
Refer to the City Manager and Planning Commission to adopt objective standards for Efficiency Units pursuant to California Housing and Safety Code § 17958.1, developing an ordinance to amend the Berkeley Municipal Code modeled after standards implemented in the City of Davis, the City of Santa Barbara and other cities.

POLICY COMMITTEE RECOMMENDATION
On July 7, 2022, the Land Use, Housing, & Economic Development Committee adopted the following action: M/S/C (Droste/Robinson) to approve the item with a positive recommendation. Vote: Ayes – Droste, Robinson; Noes – None; Abstain – None; Absent – Bartlett.

FINANCIAL IMPLICATIONS
Staff time.

CURRENT SITUATION AND ITS EFFECTS
Establishing standards for Efficiency Units is a Strategic Plan Priority Project, advancing our goal to create affordable housing and housing support service for our most vulnerable community members.

BMC Chapter 23F.04 defines Group Living Accommodations (GLAs) as a “building or portion of a building designed for or accommodating a residential use by persons not living together as a household.” This broad category includes several distinct housing types, such as Dormitories and Residential Hotels. While this definition rests on cohabitation by multiple persons not constituting a “household,” state law provides a legal framework for establishing positive efficiency unit standards for one- or two-person households. California Housing and Safety Code § 17958.1 allows local governments to “permit efficiency units for occupancy by no more than two persons which have a minimum floor area of 150 square feet and which may also have partial kitchen or bathroom facilities, as specified by the ordinance.” The City of Berkeley currently lacks such an ordinance.

Berkeley’s current standards for Residential Hotels disincentivizes their production, limiting the supply of lower-cost housing that could be built without limited or no public subsidies. Development standards in Commercial districts are equivalent to those in R-3

Efficiency Units ACTION CALENDAR
zones, requiring a minimum of 350 square feet of total lot area per occupant, inclusive of 90 square feet of open space per occupant. This effectively permits fewer residents by area than other residential uses and reduces financial feasibility. For example, a proposed multifamily apartment development at 2720 San Pablo Ave. in the C-W district is on a 9,576 square-foot project site, with 25 dwelling units and a total of 97 bedrooms.

If it were a GLA project such as a residential hotel, it would only be permitted a maximum of 27 bedrooms.

BACKGROUND
Berkeley has made insufficient progress on meeting its state-mandated Regional Housing Need Allocation (RHNA) goals for low- and moderate-income housing in the 2014-2022 RHNA cycle. As recently as the city’s 2020 Housing Pipeline Report, the city had only fulfilled 23% of its moderate-income RHNA goals, 21% of its RHNA goals for Very-Low Income households, and a mere 4% for Low-Income households. Berkeley’s next RHNA cycle is estimated to mandate roughly 3 times as many units as the previous cycle’s total of 2,959 units across all income tiers. In 2019, development costs in the San Francisco Bay Area averaged $600,000 for new housing funded by 9% Low Income Housing Tax Credits.
1 According to an October 2014 report on affordable housing development by several state housing agencies, “for each 10 percent increase in the number of units, the cost per unit declines by 1.7 percent.”
2 A 2020 study by UC Berkeley’s Terner Center on
affordable housing projects funded by 9% Low Income Housing Tax Credits reported:
“On average, efficiencies of scale translate into a reduction of about $1,162 for every additional unit in a project.”
3 Because GLAs typically offer lower market rents for smaller dwelling units, certain types of GLAs including Residential Hotels are exempted from Berkeley’s Affordable Housing Mitigation Fee requirements pursuant to BMC 23C.12.020.B. With the exception of Dormitories, GLA units also count toward Berkeley’s RHNA housing production targets for low- and moderate-income households if rents meet household affordability thresholds. Lower-cost housing forms with smaller dwelling units such as Single Room Occupancy (SRO) hotels have historically provided a significant portion of affordable housing for cities in the San Francisco Bay Area and nationwide without public subsidies for construction, but current zoning has made projects with this type of cost- 1 Reid, C. (2020). The Costs of Affordable Housing Production: Insights from California’s 9% Low-Income Housing Tax Credit Program. UC Berkeley Terner Center for Housing Innovation. Retrieved from https://ternercenter.berkeley.edu/wp-content/uploads/pdfs/LIHTC_Construction_Costs_March_2020.pdf 2 California Department of Housing and Community Development, et al. (2014). Affordable Housing Cost Study: Analysis of the Factors that Influence the Cost of Building Multi-Family Affordable Housing in California. Retrieved from https://www.treasurer.ca.gov/ctcac/affordable_housing.pdf 3 See footnote 1.

Efficiency Units ACTION CALENDAR
effective unit size practically infeasible throughout much of Berkeley’s transit-rich corridors.

The lack of Efficiency Unit standards has contributed to some consternation in the community with respect to recent GLA projects. For instance, an appeal of Use Permit # ZP2018-0229 for a Residential Hotel project at 2435 San Pablo Avenue—a permit that the City Council upheld in 2021—criticized the project as “neither fish nor fowl” because the project was designated as a Residential Hotel but resembled an Efficiency Unit project.
4 If the project were an Efficiency Unit, the individual efficiency kitchens and bathrooms would be subject to State standards (or local standards if the City were to adopt them), and the communal kitchens would be an amenity for residents rather than a requisite feature of a Residential Hotel.

Other jurisdictions in California have availed themselves of state authority to establish local standards. For example, the City of Davis establishes a definition of Efficiency Units pursuant to CHSC § 17958.1 with “a minimum floor area of two hundred twenty square feet and shall have a bathroom facility and a partial kitchen or kitchenette.” 5 Davis Municipal Code § 40.01.010(e) and Santa Barbara Municipal Code § 30.185.040 establish standards for Efficiency Units consistent with state law. 67 Santa Barbara’s
standards also enable a minimum floor area of 150 square feet for “Affordable Efficiency Units” subject to deed restrictions for low- and very-low income households.

Notably, both Davis and Santa Barbara, like Berkeley, are host cities to campuses in the University of California system. There is a dire shortage of student housing in the neighborhoods adjacent to campus such as Southside, and moreover, a dire shortage of affordable units available to students without overcrowding apartments. Partial kitchen or bathroom facilities, as allowed for efficiency units as now laid out by state law, will not always be ideal for all tenants, but may be a highly attractive option for students. Establishing an efficiency unit ordinance would be an important pathway to permitting denser, student-oriented housing in neighborhoods adjacent to campus and on key transit corridors connecting to campus.

In 2014, the City of Seattle enacted strict limitations on new “congregate” micro-housing projects, and saw a corresponding increase in production of Small Efficiency Dwelling Units (SEDUs) following this change. However, due to increases in minimum floor area 4 https://www.cityofberkeley.info/Clerk/City_Council/2021/01_Jan/Admin_Record_ZAB_Appeal__0_(2435)_ San_Pablo_Ave.aspx
5 http://qcode.us/codes/davis/?view=desktop&topic=40-40_01- 40_01_010#:~:text=Efficiency%20unit%20has%20the%20meaning,a%20partial%20kitchen%20or%20kitc henette
6 http://qcode.us/codes/davis/?view=desktop&topic=40-40_26-40_26_450 7 https://qcode.us/codes/santabarbara/view.php?topic=30-iii-30_185-30_185_040&frames=on

Efficiency Units ACTION CALENDAR
requirements and inability to access affordable housing incentives, the number of new SEDUs completed per year in Seattle has declined.8
Nevertheless, the data from Seattle shows a clear marginal benefit to housing affordability. A 2021 study of Seattle’s microhousing market by the firm Kidder Matthews found that the average monthly rent of SEDUs was $277 or 18% lower than comparable market-rate studio apartments.
9 Sightline Institute, 201710
8 Neiman, D. (2021). When is Seattle Going to Fix Microhousing? Sightline Institute. Retrieved from https://www.sightline.org/2021/02/04/when-is-seattle-going-to-fix-microhousing/ 9 Anderson, J. & Simon, D. (2021). 2021 Micro Report. Kidder Matthews. Retrieved from https://secureservercdn.net/72.167.230.230/qjx.818.myftpupload.com/wp-content/uploads/2021/12/2021- Micro-Report_Simon-Anderson-Team.pdf?time=1649887261
10 Neiman, D. (2017). How Seattle Killed Microhousing Again. Sightline Institute. Retrieved from https://www.sightline.org/2017/03/20/how-seattle-killed-micro-housing-again/

Efficiency Units ACTION CALENDAR
In Berkeley, the 39-unit “Step Up Housing”11 project at 1367 University Ave. will lease 180 square foot furnished studio units to the nonprofit Building Opportunities for Self Sufficiency (BOSS) for $1,400 per month, roughly $600 or 30% lower than local studio apartment rents. The City will be supporting the leasing and operations of the project with Measure P funds to provide permanent supportive housing.

Irrespective of subsidies, this cost is also $195 below the “fair market rent” for SRO/studio units in Alameda County set by the U.S. Department of Housing and Urban Development (HUD), and roughly the same as Alameda County’s rent limit for deed- restricted studio units for a household earning 60% of Area Median Income. 12 ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Incentives for affordable housing offer potential to reduce Vehicle Miles Traveled Per Capita by increasing housing options in Berkeley and shortening commute times for a greater share of the local workforce. In an analysis of 252 California Cities, Durst (2021) finds that “each additional affordable housing incentive is associated with a 0.37 percentage point decrease in the share of workers who commute more than 30 minutes.”
13 With transportation accounting for 60% of Berkeley’s carbon footprint, per capita VMT reduction is critical for emissions reductions. Research from UC Berkeley scholars and the CoolClimate Network finds that urban infill offers one of the greatest potential policy levers for municipalities to reduce their greenhouse gas emissions. 14 Notably, this study predates the City of Berkeley’s 2019 prohibition on natural gas in new buildings,
15 which would further reduce the carbon footprint of future Berkeley residents relative to the regional average.

CONTACT PERSON
Councilmember Taplin Council District 2 510-981-7120

ATTACHMENTS

1. City of Santa Barbara Ordinance 5794

2. City of Davis Ordinance 2602
11 https://www.cityofberkeley.info/Clerk/City_Council/2021/02_Feb/Documents/2021-02- 23_Item_26_Step_Up_Housing_Initiative.aspx
12 https://www.acgov.org/cda/hcd/documents/2021IncomeandRentLimits.pdf 13 Durst, N. J. (2021). Residential Land Use Regulation and the Spatial Mismatch between Housing and Employment Opportunities in California Cities. Terner Center for Housing Innovation. Retrieved from http://californialanduse.org/download/Durst%20Residential%20Land%20Use%20Regulation%202020.pdf 14 Jones, C. et al. (2017). Carbon Footprint Planning: Quantifying Local and State Mitigation Opportunities for 700 California Cities. Urban Planning, 3(2). doi:10.17645/up.v3i2.1218. 15 Cagle, C. (2019). Berkeley became first US city to ban natural gas. Here's what that may mean for the future. The Guardian. Retrieved from https://www.theguardian.com/environment/2019/jul/23/berkeley- natural-gas-ban-environment

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

INFORMATION CALENDAR
September 13, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: City Council Short Term Referral Process – Quarterly Update

INTRODUCTION
This report is a quarterly update on the status of short term (90-day) and other date- certain Council referrals.

CURRENT SITUATION AND ITS EFFECTS
In this context, tracking refers to a manually updated chart (Attachment 1). The May 15, 2018 Council referral establishing the monthly update includes both “short term” and “date-certain” referrals. Short term referrals are referrals that staff determines they will be able to complete in approximately three months. Date-certain referrals are those which contain a specified date of completion at the time they are approved by the City Council. Currently, the City only tracks short term referrals in an Excel spreadsheet.

The January 21, 2020 Council consent item changed the reporting frequency from monthly to quarterly. Providing a quarterly update on all short term and date-certain referrals will allow Council and the public to see the status of these referrals and any circumstances which lead to delays.

BACKGROUND
In 2016, the City Council adopted a system of Re-Weighted Range Voting (RRV) to prioritize the outstanding City Council referrals to staff. The RRV system enables City Council to provide direction to staff on which referrals are highest priority to the City Council. However, that process does not provide information on the status of short term or date-certain referrals. While many short term or date-certain referrals were “updated” through being completed and presented to Council as consent or information items, there was no comprehensive overview of this subset of referrals.

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

36

City Council Short Term Referral Process – Quarterly Update INFORMATION CALENDAR September 13, 2022

POSSIBLE FUTURE ACTION
The City Council may wish to direct staff to evaluate this process after it has been in place six months.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
No direct fiscal impact. Greater efficiencies in staff resources due to prioritization of work and alignment with budget and strategic plan goals.

CONTACT PERSON
Mark Numainville, City Clerk, 981-6900
Attachments:
1: Pending Short Term Referrals
2: Completed Short Term Referrals

Pending Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral
District
Sponsor Referral
Commission
Original end date Lead City
De
partment
State Planned end date Actual end date Additional comments 2020-02-11 2 Cannabis Ordinance
Revisions; Amending
Berkeley Municipal
Code Chapters

12.21, 12.22, 20.40,
23C.25, and Sub-
Titles 23E and 23F
2) direct the Berkeley
Public Health
Department to review
the issue of flavored
cannabis products for
combustion or
inhalation, and
cannabis products
whose names imply
that they are flavored,
and review any
additional ingredients
that may be
hazardous, whether
natural or artificial,
including vitamin E
acetate in inhalation
products, and make
recommendations for
action.

Council
members
2020-07-20 17:00:00 Health, Housing
and Community
Services
Pending 2020-07-20 17:00:00
2020-01-28 12 Cannabis Ordinance
Revisions; Amending
Berkeley Municipal
Code Chapters

12.21, 12.22, 20.40,
23C.25, and Sub-
Titles 23E and 23F
2) analyze the impacts
of artificial
flavorings/additives
and advise if any
further regulations are
necessary
Council
members
2020-07-20 17:00:00 Health, Housing
and Community
Services
Cancelled 2020-07-20 17:00:00
1

Pending Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral
District
Sponsor Referral
Commission
Original end date Lead City
De
partment
State Planned end date Actual end date Additional comments 2020-06-16 0 Urgency Item: Safety
for All: The George
Floyd Community
Safety Act - City
Attorney and
Manager Analysis of
Contractual and
Legal Barriers to
Public Safety Reform
Direct the City
Manager and City
Attorney to analyze
contractual and legal
barriers to public safety
reform including police
union contracts, vendor
contracts, state and
federal laws, to
determine barriers to
accountability and
substantive reform. In
addition, direct the City
Manager and City
Attorney to evaluate
elements in the
proposed police review
commission charter
amendment, that can
be implemented by the
City Council.

Council
members
Ben
Bartlett,
Jesse
Arreguin,
Kate
Harrison
2020-06-24 17:00:00 City Manager's
Office
On Hold 2020-06-24 17:00:00 2021-06-09 16:10:28 -
Melissa McDonough
(Additional comments)
On hold, pending
Reimagining Public
Safety
2021-04-05 11:18:09 -
Melissa McDonough
(Additional comments)
To the greatest extent
possible, this work is
being incorporated into
the reimagining public
safety process and it is
anticipated that any
recommendations that
result will outline any
barriers to
implementation.
2021-01-12 15:42:28 -
Melissa McDonough
(Additional comments)
On hold, pending
Reimagining Police
2020-02-11 2 Cannabis Ordinance
Revisions; Amending
Berkeley Municipal
Code Chapters

12.21, 12.22, 20.40,
23C.25, and Sub-
Titles 23E and 23F
1) determine if the City
can require businesses
to post notices on their
website
Council
members
2020-02-17 17:00:00 City Attorney Not
Started
2020-02-17 17:00:00
2

Pending Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral
District
Sponsor Referral
Commission
Original end date Lead City
De
partment
State Planned end date Actual end date Additional comments 2020-12-15 25 Prohibition on the
Resale of Used
Combustion Vehicles
in 2040
On November 18, 2020
the Facilities,
Infrastructure,
Transportation,
Environment &
Sustainability
Committee made a
positive
recommendation to
refer to the City
Manager for review of
the attached ordinance
prohibiting the resale of
used, existing
combustion-powered
vehicles beginning in
2040, to the extent
legally possible.

Commissio
n
Community
Environmental
Advisory
Commission
2020-12-25 17:00:00 City Attorney Not
Started
2020-12-25 17:00:00
3

Pending Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral
District
Sponsor Referral
Commission
Original end date Lead City
De
partment
State Planned end date Actual end date Additional comments 2019-02-19 16 Providing Requested
Direction to the City
Manager and
Planning Department
on the Number of
Cannabis Retail
Establishments and
the Creation of an
Equity Program
That the Council
provides requested
direction to the
Planning Department
on how to proceed with
the Equity Program
recommended by the
Cannabis Commission
in the October 9, 2018
staff report; with the
following
specifications:

Recommendation of
creating 1 new
dispensary license for
equity applicants. It is
envisioned as new
licenses are created,
such as, delivery,
manufacturing, and
micro-business,
permits will be
reserved for equity
applicants for each
new category.

Council
members
Ben
Bartlett,
Kriss
Worthingto
n, Cheryl
Davila
2021-12-31 12:00:00 Planning and
Development
Not
Started
2021-12-31 12:00:00 2021-06-25 15:24:06 -
James Bondi (Additional
comments)
Project has been de-
prioritized, no staff
resources allocated.

Would require start from
beginning, so status
changed to "Not Started"
2021-01-15 13:24:28 -
James Bondi (Additional
comments)
Equity program on hold
pending additional staff
resources. Planned end
date pushed back,
percent complete reduced
to 25%
2020-04-15 11:32:41 -
James Bondi (Additional
comments)
Planned end date moved
back to Oct 2020, given
delays to public
processes and re-
prioritization due to
COVID response.
2019 11 06 09 58 01
4

Pending Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral
District
Sponsor Referral
Commission
Original end date Lead City
De
partment
State Planned end date Actual end date Additional comments 2017-07-25 37 Reviewing the GIG
Car Share Pilot
Program
Refer to the City
Manager and
Transportation
Department a review of
the concerns,
emerging regarding
some features of the
recently implemented
GIG Car Share pilot
program, request
adjustments before the
two-year pilot program
from staff.

Council
member
Linda Maio,
Susan
Wengraf
2022-01-03 17:00:00 Public Works Not
Started
2022-01-03 17:00:00
2022-05-10 33 Hopkins Corridor
Project Conceptual
Design
This supplemental
material contains a
referral to the City
Manager to extend the
bicycle and pedestrian
safety improvements
planned for Hopkins
(for the Monterey to
Gilman segment)
further west to San
Pablo Avenue,
contingent upon
holding two community
engagement meetings
to seek input from
stakeholders. This
referral is
complementary to
direction presented by
staff in item # 33 and is
not intended to modify
it in any way.

Council
members
Rashi
Kesarwani
2022-05-12 17:00:00 Public Works Not
Started
2022-05-12 17:00:00
5

Pending Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral
District
Sponsor Referral
Commission
Original end date Lead City
De
partment
State Planned end date Actual end date Additional comments 2022-05-24 6 Proposal to Allocate
Revenues
Generated by the
Transient Occupancy
Tax in the Waterfront
Area to the Marina
Fund to Avoid
Insolvency, Rebuild
its Fund Balance and
to Stabilize its
Finances
That Council adopt a
Resolution adopting a
policy that all Transient
Occupancy Taxes
(TOT hotel tax)
generated at the
Berkeley Waterfront be
allocated to the City's
Marina Enterprise
Fund. All other
property, sales, utility
users, and parking
taxes; as well as
business license and
franchise fees, would
continue to be
allocated to the City's
General Fund. Policy
Committee
Recommendation: On
April 28, 2022, the
Budget & Finance
Policy Committee took
the following action:
forward the item to
Council with a qualified
positive
recommendation to
consider as part of the
budget process
i l di th f ll i
2022-06-01 17:00:00 City Manager's
Office
Not
Started
2022-06-01 17:00:00
6

Pending Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral
District
Sponsor Referral
Commission
Original end date Lead City
De
partment
State Planned end date Actual end date Additional comments 2018-04-03 18 Supplemental Paid
Family Leave
2) refer to the City
Manager to draft an
ordinance regarding
retaliation against
employees using state
family leave, including
a private right of action
provision.

Commissio
n
2019-01-31 17:00:00 City Attorney Work in
Progress
2019-01-31 17:00:00 2019-12-16 10:27:45 -
Christopher Jensen
(Additional comments)
City Attorney's Office is
coordinating with Human
Resources.
2019-09-17 11:24:26 -
Christopher Jensen
(Additional comments)
City Attorney's Office to
coordinate with Human
Resources
7

Pending Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral
District
Sponsor Referral
Commission
Original end date Lead City
De
partment
State Planned end date Actual end date Additional comments 2019-03-26 15 Rescinded 2021-10-
26 Dynamex
Decision Impact and
Compliance on
Minimum Wage
Ordinance and Paid
Sick Leave
Ordinance
That the City Council
refers to the City
Manager and the Labor
Commission to ensure
the Berkeley Minimum
Wage Ordinance
(MWO) and Paid Sick
Leave Ordinance are
interpreted and
enforced in a manner
consistent with the
holdings in Dynamex
Operations West, Inc.
v. Superior Court of
Los Angeles (2018) 4
Cal.5th 903.

Council
members
Ben Bartlett 2019-11-29 17:00:00 City Attorney Work in
Progress
2020-01-31 17:00:00 2019-12-16 10:28:22 -
Christopher Jensen
(Additional comments)
City Attorney's Office is
coordinating with Human
Resources.
2019-09-17 10:59:00 -
Christopher Jensen
(Additional comments)
A draft opinion is under
review in the City
Attorney's office.
2019-06-18 08:04:27 -
Melissa McDonough
(Additional comments)
The City Attorney's Office
is drafting a City Attorney
opinion analyzing the
holding in Dynamex
Operations West, Inc. v.

Superior Court of Los
Angeles (2018) 4Cal.5th
903 with respect to the
City's MWO and PSLO.

The completed memo will
be referred to the City
Manager and the Labor
Commission for review by
J 24 2019 d f
8

Pending Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral
District
Sponsor Referral
Commission
Original end date Lead City
De
partment
State Planned end date Actual end date Additional comments 2020-02-11 15 Recommendations
Related to Code
Enforcement and
Receivership Actions
On November 25,
2019, the Health, Life
Enrichment, Equity &
Community Committee
took action to send an
item to Council with a
positive
recommendation that
for purposes of
understanding the
issues and identifying
potential changes to
the City's codes,
policies, and
procedures the
committee
recommends the
following:
a. That the City
Manager provide an
information session to
the City Council
regarding the various
ways in which code
enforcement issues
have been brought to
the attention of the City
over the last 5 years;
b. How various code
enforcement issues at
id ti l ti
Council
members
2020-02-17 17:00:00 City Manager's
Office
Work in
Progress
2020-02-17 17:00:00 2022-01-13 13:19:01 -
Melissa McDonough
(Additional comments)
Staff are consulting with
City Attorney's Office
about an appropriate
response to this referral.
2021-10-22 10:06:35 -
Melissa McDonough
(Additional comments)
Staff are consulting with
City Attorney's Office
about an appropriate
response to this referral.
2020-10-21 11:12:01 -
Melissa McDonough
(Additional comments)
The staff assigned to
conduct this work has
been tasked with civil
enforcement of the face
coverings urgency
ordinance.
2020-07-20 10:49:42 -
Melissa McDonough
(Additional comments)
Work on this project was
dl d b t h t f
9

Pending Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral
District
Sponsor Referral
Commission
Original end date Lead City
De
partment
State Planned end date Actual end date Additional comments 2019-07-16 9 Referral to the City
Manager to Consider
Amending the
Language of the
City's Wireless
Telecommunications
Ordinance and
Aesthetic Guidelines
Request that the City
Manager consider
amending the
language of the City's
Wireless
Telecommunications
Ordinance (BMC
23C.17) and Aesthetic
Guidelines (BMC 16.10
& Aesthetic Guidelines
for PROW permits) and
return to City Council
for adoption as soon as
possible.

Council
members
Susan
Wengraf,
Jesse
Arreguin,
Ben
Bartlett,
Kate
Harrison
2019-07-22 17:00:00 City Attorney Work in
Progress
2020-02-28 17:00:00 2019-11-27 10:54:30 -
Melissa McDonough
(Additional comments)
The City Attorney's Office,
the City Manager's Office,
Public Works, and Land
Use Planning are in the
process of revising an
internal draft of
administrative guidelines
for implementing BMC

16.10 with respect to
small cell wireless
facilities.
2019-09-17 11:03:27 -
Christopher Jensen
(Additional comments)
The City Manager's Office
and City Attorney's Office
are coordinating with
other departments to
update guidelines and
procedures for wireless
application submittals.
10

Pending Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral
District
Sponsor Referral
Commission
Original end date Lead City
De
partment
State Planned end date Actual end date Additional comments 2020-07-28 30 Rescinded 2021-10-
26 Providing our
Unhoused
Community in the
City of Berkeley with
Menstrual Products

3. Direct the City
Manager to use
existing homeless
services funding to
develop and deploy a
program to provide a
broad spectrum of
menstrual products,
including but not
limited to, feminine
hygiene, pads,
tampons, underwear,
and other related
products, both through
the City's outreach
direct services, as well
as through the
community based
homeless services
providers. Additionally,
require some elements
of this program be
deployed immediately,
with a full program
deployment within six
months.

Council
members
Cheryl
Davila, Ben
Bartlett,
Lori Droste
2020-10-15 17:00:00 Health, Housing
and Community
Services
Work in
Progress
2020-10-15 17:00:00
11

Pending Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral
District
Sponsor Referral
Commission
Original end date Lead City
De
partment
State Planned end date Actual end date Additional comments 2020-11-10 11 Four Way Stop Signs
on Eighth Street at
Carleton Street and
Pardee Street
Refer to the City
Manager a proposal to
install stop signs at the
intersections of Eighth
Street and Carleton
Street and Eighth
Street and Pardee
Street.

Council
members
Jesse
Arreguin
2020-11-18 17:00:00 Public Works Work in
Progress
2020-11-18 17:00:00 2021-10-13 08:49:37 -
Nancy Melendez
(Additional comments)
Needs memo declaring
completion of assessment
2021-06-23 11:41:19 -
Nancy Melendez
(Additional comments)
All way stop evaluated,
and found not warranted
2021-04-15 10:11:39 -
Nancy Melendez
(Additional comments)
Data analysis concluded
that traffic and pedestrian
volumes are far below the
level at which stop signs
may be warranted.
2021-01-14 17:44:32 -
Nancy Melendez
(Additional comments)
Data collection needed
for Stop Warrants is being
scheduled
12

Pending Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral
District
Sponsor Referral
Commission
Original end date Lead City
De
partment
State Planned end date Actual end date Additional comments 2020-12-01 25 Personal Liability
Protection for Small
Businesses

1. Direct the City
Manager and City
Attorney to draft and
submit to the City
Council for
consideration an
emergency ordinance
to prohibit the
enforcement of
personal liability
provisions in
commercial leases and
commercial rental
agreements in the City
of Berkeley for
lessees/renters who
have experienced
financial impacts
related to the Covid-19
pandemic.

2. Direct the City
Manager to conduct
outreach to all
commercial tenants
regarding any
protections enacted by
the City Council, with a
particular focus on
businesses that were
required to stop
if d
Council
members
Sophie
Hahn,
Susan
Wengraf
2020-12-04 17:00:00 City Attorney Work in
Progress
2020-12-04 17:00:00
2020-10-27 21 Convert 62nd Street
between King St,
and Adeline St. into
a One-Way Line that
exits in the direction
of Adeline St.

Refer to the City
Manager to convert
62nd Street between
King St. and Adeline
St. into a one-way lane
that exits to Adeline
and blocks motorists
from entering 62nd
Street through Adeline
Street.

Council
members
Ben
Bartlett,
Jesse
Arreguin
2021-06-23 17:00:00 Public Works Work in
Progress
2021-06-23 17:00:00
13

Pending Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral
District
Sponsor Referral
Commission
Original end date Lead City
De
partment
State Planned end date Actual end date Additional comments 2019-09-10 53 Voluntary Time Off
on Statewide
Election Days for
City Employees
Refer to the City
Manager to designate
Statewide Election
Days as VTO days,
and refer to the 2x2
Committee to discuss
coordinating City and
District policy on
holidays, in particular
Election Day.

Council
member
Rigel
Robinson,
Cheryl
Davila,
Sophie
Hahn, Lori
Droste
2021-07-02 17:00:00 Human
Resources
Work in
Progress
2021-07-02 17:00:00 2022-01-18 13:44:05 -
Melissa McDonough
(Additional comments)
The referral will be
formally complete when
the VTO calendar for
FY23 is adopted (i.e., it
will be the first year that
an election VTO
appears).
2020-10-21 11:01:23 -
Melissa McDonough
(Additional comments)
Pending draft
Administrative Regulation
to institute as regular
practice and memo to
Council to close out
referral. Implemented
VTO day as Election Day
(Nov 3) for 2020.
2020-04-28 09:58:54 -
Melissa McDonough
(Additional comments)
item went to council and
approved. Delayed due to
COVID-19
2019 11 06 15 47 09
14

Pending Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral
District
Sponsor Referral
Commission
Original end date Lead City
De
partment
State Planned end date Actual end date Additional comments 2017-07-25 Rescinded 2021-10-
26 Public Toilet
Policy
Refer to the City
Manager to develop
the following
"Neighborhood Public
Toilet Policy": Develop
a process in which
residents can obtain a
permit for a
neighborhood public
toilet via an official
petition; Residents
should contact the City
via 311 to obtain an
official petition form to
apply for a permit; In
order to obtain the
permit, the petition
should be signed by at
least 51% of residential
addresses and
business owners within
the nearest two block
radius of the proposed
public toilet site; The
City shall not fund or
contribute to the
financing of the public
toilets or their
maintenance.

Council
member
2020-12-31 17:00:00 City Manager's
Office
Past Due 2020-12-31 17:00:00 2021-10-22 10:04:32 -
Melissa McDonough
(Additional comments)
Staff continue to evaluate
the feasibility of this
referral, given the
challenges of maintaining
public toilets.
2020-07-20 10:51:47 -
Melissa McDonough
(Additional comments)
Response to the referral
has been delayed due to
the COVID-19 pandemic
and its impact on
available staffing to
support the draft policy. In
response to the
pandemic, the City has
placed and maintains
several additional
portable toilets and
handwashing stations
throughout the City.
2019-08-05 09:47:54 -
Melissa McDonough
(Additional comments)
Staff have prepared a
hi h ill b
15

Pending Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral
District
Sponsor Referral
Commission
Original end date Lead City
De
partment
State Planned end date Actual end date Additional comments 2017-12-19 22 Rescinded 2021-10-
26 Develop
Ordinance
Prohibiting
Companies
Participating in the
Construction of a
Border Wall from
Contracting with the
City of Berkeley
Direct the City
Manager to develop an
ordinance prohibiting
companies involved in
the construction of a
border wall from
contracting with the
City of Berkeley.

Return to Council with
the proposed
ordinance within 90
days.

Council
member
Ben
Bartlett,
Sophie
Hahn,
Cheryl
Davila
2018-07-20 17:00:00 Finance Pending
Not On
Schedule
2018-07-20 17:00:00 2020-04-16 10:57:58 -
Melissa McDonough
(Additional comments)
October 2019 draft
ordinance was sent to
City Attorney for review.

Remaining at 25%
complete
General Services
Manager to commence
follow up with City
Attorney's Office following
COVID-19 event and
Emergency Operations
Center deactivation.
2019-11-25 13:41:42 -
Melissa McDonough
(Additional comments)
Draft ordinance sent to
the City Attorney for
review.
16

Pending Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral
District
Sponsor Referral
Commission
Original end date Lead City
De
partment
State Planned end date Actual end date Additional comments 2019-04-02 18 Companion Report:

Effective
Enforcement of Safe
Lead-Paint Practices
- Update on
Amendments
Based on the intent of
the recommendation
from the Community
Environmental
Advisory Commission
(CEAC) for the City to
expand enforcement of
unsafe lead paint
practices, refer to the
City Manager to: -
Coordinate with the
Alameda County
Healthy Homes
Program to clearly
identify roles and
responsibilities for
expanding
enforcement of unsafe
lead practices, and to
explore options for
sharing resources that
can support expanded
local enforcement; -
Identify what
resources, staff
capacity, and program
structure would be
required to expand City
enforcement of unsafe
lead practices; -
Ct i t k
Council
members
2020-12-31 15:28:36 City Manager's
Office
Pending
Not On
Schedule
2020-12-31 15:28:36 2020-04-02 13:24:58 -
Melissa McDonough
(Additional comments)
Multi-department staff
resources are required
and are not available to
address this request right
now.
2019-10-03 13:55:00 -
Melissa McDonough
(Additional comments)
Completed matrix
2019-09-12 08:32:23 -
Melissa McDonough
(Additional comments)
Convened all City
divisions which touch
issue (Public Health,
Environmental Health,
Toxics, Building & Safety,
311). Mapped existing
processes. Preparing
draft consolidation plan.
2019-08-07 15:33:54 -
Melissa McDonough
(Additional comments)
In progress, drafting
ti f i t
17

Pending Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral
District
Sponsor Referral
Commission
Original end date Lead City
De
partment
State Planned end date Actual end date Additional comments 2017-03-14 24 Referral to Consider
Caregiver Parking in
Residential Shared
Parking Pilot
Refer to the City
Manager and
Transportation
Commission to
consider a pilot
program for caregiver
parking permits in RPP
zones in the
goBerkeley Residential
Shared Parking Pilot.

Council
member
2020-06-12 17:00:00 Public Works Pending
On
Schedule
2020-06-12 17:00:00 2021-10-13 08:42:05 -
Nancy Melendez
(Additional comments)
No change
2021-01-14 17:36:21 -
Nancy Melendez
(Additional comments)
Due to Covid-19 work
remains suspended, and
the new end date is likely
to be 12-31-2021
2020-10-05 09:35:13 -
Nancy Melendez
(Additional comments)
(no change) Due to the
Shelter in Place order and
temporary suspension of
RPP, the schedule for this
project is estimated to be
delayed 6 to 12 months.

The new planned end
date is June 12, 2021
2020-06-30 15:24:51 -
Nancy Melendez
(Additional comments)
Due to the Shelter in
Place order and
ti f
18

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2014-04-29 35 35. City Manager
Referral: Policy
for Companies
Such as Airbnb to
Pay Transient
Occupancy Tax,
as Currently Paid
by Other Small
Local Businesses
Refer to the City Manager
creation of a policy for
companies such as
Airbnb to pay the
Transient Occupancy
Tax, as currently paid by
other small local
businesses.

Council
member
City Council
District 7
Kriss
Worthington
2014-10-24 17:00:00 Planning Completed 2014-10-27 08:00:00 2016-09-07 00:00:00 2014-12-16 25 Reconcile the
West Berkeley
Plan and the
Zoning Code as it
Pertains to
Medical Uses
Refer to the Planning
Commission the task of
revising the current
zoning ordinance so that
it reflects the West
Berkeley Plan's goals of
encouraging medical
uses in West Berkeley.

Council
member
City Council
District 2
2015-06-12 17:00:00 Planning Completed 2015-06-15 08:00:00 2017-01-24 00:00:00 2015-09-15 43 Prohibit Sales of
Tobacco
Products to
Persons Under
the Age of 21
Direct the City Manager
and Community Health
Commission to draft an
ordinance amending
Berkeley Municipal Code
Chapter 9.80 "Tobacco
Retailers" to prohibit the
sales of tobacco products
and smoking
paraphernalia to persons
under the age of 21.

Council
member
Jesse
Arreguin
2015-06-15 17:00:00 Health, Housing
and Community
Services
Completed 2015-06-15 17:00:00 2015-06-15 17:00:00
2015-09-15 43 Prohibit Sales of
Tobacco
Products to
Persons Under
the Age of 21
Direct the City Manager
and Community Health
Commission to draft an
ordinance amending
Berkeley Municipal Code
Chapter 9.80 "Tobacco
Retailers" to prohibit the
sales of tobacco products
and smoking
paraphernalia to persons
under the age of 21.

Council
member
Jesse
Arreguin
2016-03-11 17:00:00 Health, Housing
and Community
Services
Completed 2016-03-11 17:00:00 2016-01-26 00:00:00
1

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2015-09-15 55 Referral to the
Community
Environmental
Advisory
Commission to
Install 1.8 GPM
Showerheads in
All New Housing
Projects or Any
Renovation Over
$50,000
Refer to the Community
Environmental Advisory
Commission to explore
requiring a maximum of

1.8 GPM low flow
showerheads in new
housing projects and all
housing renovations
exceeding $50,000
throughout Berkeley.

Council
member
Kriss
Worthington
2016-03-11 17:00:00 Planning Completed 2016-03-14 08:00:00 2016-07-19 00:00:00 2015-11-10 1 Proposed
Amendments to
the Minimum
Wage Ordinance;
Amending
Berkeley
Municipal Code
Chapter 13.99
(Continued from
September 15,
2015)
Review and consider
information regarding the
activities and costs
associated with
implementing and
enforcing the
Commission on Labor's
proposed amendments to
the Minimum Wage
Ordinance (MWO),
including the potential
impact of the proposed
amendments on the City's
minimum wage
employees, employers,
non-profit organizations
and community-based
organizations, on-call
workers and youth
training program workers,
and either:

1. Adopt first reading of
an Ordinance amending
Berkeley Municipal Code
Chapter 13.99, which
includes staff-
recommended revisions
to the Commission's
proposed Ordinance;
-OR-
2016-05-06 17:00:00 City Manager's
Office
Completed 2016-05-09 08:00:00 2016-09-01 00:00:00
2

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2015-11-17 30 Fourth
Ambulance Pilot
Project 6-Month
Update
No recommendation
noted. Action: Moved to
Consent Calendar and
held over to January 19,
2016. Fire to report back
in May 2016 for
permanent program.
2016-05-13 17:00:00 FIRE &

EMERGENCY

SERVICES
Completed 2016-05-16 08:00:00 2018-07-01 00:00:00
2015-12-01 33 City Manager and
Planning
Commission’s
Referral: Enable
Implementation of
Council Approved
Floor Area Ratio
in the Telegraph
Commercial
District between
Dwight and
Bancroft by
Amending the
Zoning Ordinance
Refer to the City Manager
and Planning
Commission an
immediate
implementation strategy
to bring the City Zoning
Ordinance in compliance
with the policy adopted by
City Council to increase
Floor Area Ratio (FAR) in
the Telegraph
Commercial District
between Dwight and
Bancroft
Council
member
City Council
District 7
Kriss
Worthington
2016-05-27 17:00:00 Planning Completed 2016-05-30 08:00:00 2016-06-28 00:00:00 2015-12-01 22 City Manager
Referral: Pilot
Program to
Implement Solar
Trash
Compactors on
Telegraph
Avenue and
Downtown
Berkeley
Refer to the City Manager
to adopt a Pilot Program
to implement Solar Trash
Compactors on
Telegraph Avenue and
Downtown Berkeley.

Council
member
Kriss
Worthington,
Linda Maio,
Susan
Wengraf,
Lori Droste
2016-05-27 17:00:00 Public Works Completed 2016-05-30 08:00:00 2018-07-24 00:00:00 2019-02-05 16:44:20 - Melissa McDonough
(Additional comments)
6/2018 RFPs received;
2 solar compactors to
be issued contracts.

Google Translate
Bar
Information
Technology
Completed 2016-06-01 00:00:00 2016-06-01 00:00:00
3

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2015-12-15 35 Amending Open
Government
Ordinance to
Allow Submission
of
Revised/Supplem
ental Items
Refer to the City Manager
and City Attorney to draft
an ordinance amending
Berkeley Municipal Code
Section 2.06.070.E (Open
Government Ordinance)
to allow the submission of
revised or supplemental
agenda material for the
Supplemental
Communications Packet

2. The revised or
supplemental material
must be submitted no
later than 12 noon the
day of the City Council
meeting at which the item
is to be considered. The
online version of the City
Council agenda shall also
contain a link to such
items. If revised agenda
material is submitted by
this deadline, it would not
require a two-thirds vote
of the Council to accept
the material.

Council
member
Jesse
Arreguin,
Susan
Wengraf,
Lori Droste
2016-06-10 17:00:00 City Clerk Completed 2016-06-10 17:00:00 2015-12-15 30 Provide Cost
Estimates to
Restore the
Berkeley Pier
Refer to the City Manager
to determine the cost to
make the appropriate
repairs so that it will be
safe for public use.

Council
member
City Council
District 2
2016-06-10 17:00:00 City Manager's
Office
Completed 2016-06-13 08:00:00 2017-03-14 00:00:00
4

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2015-12-15 54 Referral to City
Manager:

Establishment of
Affordable
Housing Small
Sites Program
Revised Version
Refer to the City Manager
to: 1. Look into the
feasibility of creating a
Small Sites Program to
allow non-profits to
purchase small multi-
family buildings (5-25
units) to create and
preserve affordable
housing, with an
emphasis on properties
with a high potential for
conversion to cooperative
homeownership. 2.

Develop an inventory of
City-owned land and
other land owned by
public agencies in the
City of Berkeley which
could potentially be used
to create below-market
rate housing.

Council
member
Jesse
Arreguin
2016-06-10 17:00:00 Health, Housing
and Community
Services
Completed 2016-06-13 08:00:00 2016-12-13 00:00:00 2019-02-05 16:47:39 - Melissa McDonough
(Additional comments)
2 is completed. 1 was
later prioritized long
term as top priority of
Council's housing
action plan. Plan
outline complete and
will bring before HAC
in July 2018.
2016-01-19 24 Tenant Buyout
Agreement
Ordinance
Refer to the City Manager
and the Rent Stabilization
Board to draft an
ordinance regulating
situations where a tenant
agrees to vacate a rent-
controlled unit in
exchange for a sum of
money, known as a
buyout.

Council
member
Jesse
Arreguin
2016-07-15 17:00:00 City Manager's
Office
Completed 2016-07-18 08:00:00 2016-03-31 00:00:00
5

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2016-02-09 26 Develop a
Provision for the
Landmarks
Preservation
Ordinance to
Allow for the De-
designation of a
Landmark
Designation for a
Building that has
been Legally
Demolished
(Continued from
January 12,
2016)
Refer to the City Manager
to develop a provision for
the Landmarks
Preservation Ordinance
(LPO) that would allow a
landmark designation to
be de-designated for a
building that has been
previously landmarked
but subsequently has
been legally demolished.

Council
member
2016-08-05 17:00:00 City Manager's
Office
Completed 2016-08-08 08:00:00 2016-05-10 00:00:00
2016-02-09 15 Budget Referral:

Including BigBelly
Solar Compactor
Bins Allocation in
the 2016 Mid-
Year Budget
Process
Refer to the 2016 Mid-
year budget process the
purchasing of BigBelly
Solar Compactor Bins in
order to save money,
meet zero waste goals,
and reduce Berkeley's
greenhouse gas
emissions.

Council
member
Kriss
Worthington,
Lori Droste
2016-08-05 17:00:00 Public Works Completed 2016-08-08 08:00:00 2018-07-24 00:00:00 2019-02-05 16:51:37 - Melissa McDonough
(Additional comments)
6/2018 RFPs received;
2 solar compactors to
be issued contracts.
2016-03-15 6 Prioritize
Installation of
Bicycle Lane on
Fulton Street
Direct the City Manager
and Transportation staff
to prioritize and expedite
the installation of a
bicycle lane on Fulton
Street between Bancroft
Way and Channing Way.

Council
member
Jesse
Arreguin
2016-09-09 17:00:00 Public Works Completed 2016-09-12 08:00:00 2016-05-10 00:00:00 6

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2016-04-05 10 Modify the
Proposed Early
Mitigation Fee
Discount and
Preserve
Revenue
Towards Units At
Or Below 50%
AMI and Add
Sunset Clause
(Continued from
February 23,
2016)
That the City of Berkeley
amend Council Item 10a
to remove the option of
paying a substantially-
reduced mitigation fee at
the issuance of a permit,
and to preserve revenue
from the mitigation fees to
maintain or increase the
funds designated towards
units for incomes at or
below 50% AMI, and add
a sunset clause.

Council
member
Kriss
Worthington
2016-09-30 17:00:00 Health, Housing
and Community
Services
Completed 2016-10-03 08:00:00 2016-07-19 00:00:00
2016-04-26 31 Creation of 311
Mobile
Application
Refer to the City Manager
to create a mobile
application for the 311
system and improve the
311 Online Service
Center.

Council
member
Jesse
Arreguin
2016-10-24 08:00:00 Information
Technology
Completed 2016-10-24 08:00:00 2016-11-15 00:00:00
2016-05-10 21 Resolutions
Consenting to
Inclusion of the
City of Berkeley
Properties in the
California Home
Finance Authority
PACE Programs
and Associate
Membership in
California Home
Finance Authority
ABAG has a new report
and the City Council has
voted twice in favor; thus,
the City of Berkeley
should approve and sign
an agreement for
collaborative services for
Property Assessed Clean
Energy Financing (PACE)
marketplace. Also, that
the City of Berkeley
approve and sign
acknowledgement
addendum of RCSA, as
executed between ABAG
and RPPs.

Council
member
Kriss
Worthington
2016-11-04 17:00:00 City Attorney Completed 2016-11-07 08:00:00 2016-09-20 00:00:00 7

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2016-05-31 20 Requesting a
Comprehensive
Report on the
State of
Homeless
Services within
the City of
Berkeley
Request the City
Manager direct staff to
prepare a report outlining
the details of City funded
homeless services. The
purpose of this report is
to help Council and the
community understand
the various factors related
to the allocation of
resources to address
homelessness within the
City. Once the report is
complete, it is requested
that city staff schedule a
worksession to go over
the findings.

Council
member
City Council
District 5
2016-11-25 17:00:00 Health, Housing
and Community
Services
Completed 2016-11-28 08:00:00 2016-11-01 00:00:00
2016-05-31 22 City Manager
Referral:

Consider Adding
Energy Efficient
Equity as an
Additional
Property
Assessed Clean
Energy Program
Refer to the City Manager
to consider adding
Energy Efficient Equity as
an additional property
assessed clean energy
program.

Council
member
Kriss
Worthington
2016-11-25 17:00:00 Planning Completed 2016-11-28 08:00:00 2016-09-20 00:00:00 2016-06-28 47 City Manager
Referral:

Feasibility of
Acquiring a High-
Capacity Scanner
for Multiple City
Departments
Refer to the City Manager
to consider investing in a
high-capacity scanner to
digitize City records for
the Council and multiple
City departments.

Council
member
Kriss
Worthington
2016-12-26 08:00:00 Information
Technology
Completed 2016-12-26 08:00:00 2017-12-12 00:00:00
8

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2015-12-15 54 Referral to City
Manager:

Establishment of
Affordable
Housing Small
Sites Program
Revised Version
Refer to the City Manager
to: 1. Look into the
feasibility of creating a
Small Sites Program to
allow non-profits to
purchase small multi-
family buildings (5-25
units) to create and
preserve affordable
housing, with an
emphasis on properties
with a high potential for
conversion to cooperative
homeownership. 2.

Develop an inventory of
City-owned land and
other land owned by
public agencies in the
City of Berkeley which
could potentially be used
to create below-market
rate housing.

Council
member
Jesse
Arreguin
2017-01-02 17:00:00 Health, Housing
and Community
Services
Completed 2017-01-02 17:00:00 2017-01-02 17:00:00
2016-07-12 27 Refer to City
Manager to
Consider
Applying for
$100,000 from
the Better
Together
Resilient
Communities
Grant Program
That the City Manager
consider applying for the
$100,000 grant that
PG&E's Better Together
Resilient Communities
grant program will offer in
the beginning of 2017.

Council
member
Kriss
Worthington
2017-01-06 17:00:00 Planning Completed 2017-01-09 08:00:00 2016-12-31 00:00:00 2016-07-19 41 Companion
Report: Amend
Berkeley
Municipal Code
Creating
Community
Health
Commission
Refer to staff to write an
ordinance based on the
Community Health
Commission (CHC)
recommendation with the
changes suggested by
staff.

MAYOR AND

COUNCIL
2017-01-13 17:00:00 Health, Housing
and Community
Services
Completed 2017-01-16 08:00:00 2016-11-29 00:00:00
9

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2016-09-20 32 City Manager
Referral:

Implementing
BigBelly Solar
Compactor Bins
Refer to the City Manager
to examine the feasibility
of procuring BigBelly
Solar Compactor Bins to
save money, meet zero
waste goals, and reduce
Berkeley's greenhouse
gas emissions.

Council
member
Kriss
Worthington,
Lori Droste
2017-03-17 17:00:00 Public Works Completed 2017-03-20 08:00:00 2018-07-24 00:00:00 2019-02-05 17:04:44 - Melissa McDonough
(Additional comments)
6/2018 RFPs received;
2 solar compactors to
be issued contracts.
2016-09-20 21 City Manager
Referral:

Consider the Four
Recommendation
s Contained in
the Alameda
County Grand
Jury
Report (Continue
d from July 19,
2016)
Refer to the City Manager
to consider the four
recommendations in
response to the Alameda
County Grand Jury
Report recommendations.

Council
member
Kriss
Worthington
2017-03-20 08:00:00 Information
Technology
Completed 2017-03-20 08:00:00 2016-10-20 00:00:00
2016-09-20 22 Amending
Council Rules
Regarding
Removal of
Commissioners
Direct staff to return with
a policy recommendation
consistent with the
recommendations in this
report, i.e., noting that as
a matter of courtesy and
respect, Councilmembers
are expected to set the
date a commissioner is to
be replaced on a
commission and
communicate that date to
the commissioner not
less than two weeks from
the official date of
replacement.

Council
member
Commission 2017-03-17 17:00:00 City Clerk Completed 2017-03-20 08:00:00 2018-06-12 00:00:00 2019-02-05 17:02:37 - Melissa McDonough
(Additional comments)
Incorporating changes
from City Council.

Improved
Emergency
Notification
System
Information
Technology
Completed 2017-04-01 00:00:00 2017-06-05 00:00:00
10

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2016-10-18 26 Revisions to the
Public Art in
Private
Development
Program
Request the City
Manager draft a
resolution to revise the
Public Art in Private
Development Program
Guide to provide the Civic
Arts Commission
guidance and more
flexibility in the use of the
Cultural Trust Fund with
the language suggested
in the report.

Council
member
2017-04-14 17:00:00 Office of
Economic
Development
Completed 2017-04-17 08:00:00 2016-12-13 00:00:00
2016-10-18 25 Amendments to
BMC 23C.23.050
to Allow a Third
Option to Satisfy
the Private
Percent for Art
Requirements
Request the City
Manager draft an
ordinance for Council
adoption to revise BMC
23C.23.050, the One-
Percent for Public Art on
Private Projects
Ordinance, to do the
following: 1. Have 5% of
the 1% requirement go
directly to administration
of the Public Art in Private
Development program
regardless of how the
developer decides to
satisfy the requirement;
Council
member
2017-04-14 17:00:00 Office of
Economic
Development
Completed 2017-04-17 08:00:00 2017-01-24 00:00:00
11

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2016-10-18 41 City Plan for
Emergency
Shelter During
Winter Season
Refer the following
actions to the City
Manager to consider in
developing a plan for
emergency
shelter/services during
the upcoming winter
season. These actions
will help implement
Resolution No. 67,357-
N.S. "Declaring a
Homeless Shelter Crisis
in Berkeley": 1. Allow full
use of the Multi-Agency
Service Center (MASC)
at 1931 Center Street as
a Warming Center. Direct
the City Manager to study
the feasibility of using the
West Berkeley Senior
Center as a day-time
Warming Center or
evening shelter. Engage
in discussions with
Dorothy Day House about
a day-time respite center.

2. Direct staff to develop
a winter shelter services
program for Fall 2016-
Spring 2017 with funding
Council
member
Jesse
Arreguin
2017-04-14 17:00:00 Health, Housing
and Community
Services
Completed 2017-04-17 08:00:00 2017-06-27 00:00:00
2016-11-01 15 City Manager
Referral:

Increasing
Transparency in
City Public
Record Act
Responses
Approved revised
recommendation to
request a report from the
City Manager on how the
City is using the permitted
exemptions in compliance
with the Public Records
Act.

Council
member
Kriss
Worthington
2017-04-28 17:00:00 City Attorney Completed 2017-05-01 08:00:00 2016-12-13 00:00:00 12

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2016-12-13 29 Ordinance for
Standards for
Testing and
Certification of
DAS Antennas
Request that the City
Manager draft ordinance
language to amend
Section 16.10.100 of the
Berkeley Municipal Code
to include Standards for
Testing and Certification
of DAS Antennas and
return to the City Council
within 60 days.

Council
member
Susan
Wengraf
2017-06-09 17:00:00 City Attorney Completed 2017-06-12 08:00:00 2017-03-28 00:00:00 2017-01-24 37 Berkeley BABIES
Initiative
Request that the City
Manager create a
provision and
enforcement mechanism
to ensure that all
publically-accessible City
buildings install and
maintain at least one
baby diaper-changing
accommodation that is
accessible in both men
and women's restrooms
or a single diaper-
changing accommodation
that is accessible to all
genders. In addition,
request that the City
Manager provide
recommendations to
mandate all businesses
to provide changing
stations in either women's
and men's restrooms or
gender-neutral restrooms.

Councilmem
bers
2017-07-24 08:00:00 City Manager's
Office
Completed 2017-07-24 08:00:00 2017-07-01 00:00:00
13

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2017-01-24 38 Berkeley Mothers
Initiative
Request that the City
Manager ensure that all
City buildings provide and
maintain at least one
private place reasonably
close to an employee's
workspace for
breastfeeding mothers to
pump.

Councilmem
bers
Lori Droste 2017-07-21 17:00:00 City Manager's
Office
Completed 2017-07-24 08:00:00 2017-07-01 00:00:00
2017-01-31 10 Medical Cannabis
Ordinance
Revisions and
Cultivation
Application
Process
Request that the City
Manager provide Council
with analysis of the
questions presented by
Councilmember Sophie
Hahn.

Council
member
2017-07-28 17:00:00 Planning Completed 2017-07-31 08:00:00 2017-11-07 00:00:00 2017-02-14 11 Updated
Information
Report on
Measure M
Request that the City
Manager return to the
City Council in April with
an Information Report on
Measure M
implementation,
expenditures, projected
expenses and plans.

Council
member
2017-08-11 17:00:00 Public Works Completed 2017-08-14 08:00:00 2017-05-02 00:00:00 14

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2017-03-28 33 Referral
Response:

Cigarette Butt
Pollution
Prevention
REFER to the City
Manager to enact a pilot
program in downtown
Berkeley with the goal of
greatly reducing cigarette
butt litter that
accumulates on
sidewalks and curbsides,
in a central location. This
pilot program would: a)
Place a total of four
receptacles for cigarette
butt disposal in front of
three adult schools and a
bus stop where smoking
behavior continues
despite its prohibition.

The receptacles are to be
placed in front of: i.

Berkeley City College,
2050 Center Street; ii.

Language Studies
International on 2015
Center Street; iii. Kaplan
International, Berkeley,
150 Berkeley Square;
and iv. a selected major
bus stop in the vicinity of
an entrance to the
Downtown Berkeley
Commission Community
Environmental
Advisory
Commission
2017-09-22 17:00:00 Office of
Economic
Development
Completed 2017-09-25 08:00:00 2017-05-30 00:00:00
15

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2017-03-28 22 Security Camera
Database
Request that the City
Manager return to
Council with an update on
the referral to create a
voluntary database of
security cameras in
Berkeley. With an
increase in crime,
residents are anxious to
help the Berkeley Police
Department solve cases
and arrest the
perpetrators - amended
to include direction that
guidelines protect privacy
and prevent misuse of
camera footage.

Council
member
2017-09-25 08:00:00 Police Completed 2017-09-25 08:00:00 2018-08-15 00:00:00 2017-07-25 40 Expediting
Elements of
Previous Council
Referral to Study
Possible
Scenarios of the
Loss of Federal
Funds
Direct the City Manager
to expedite the
compilation and delivery
of a list of federal funds
that the City of Berkeley
receives and the
programs and facilities
supported by such funds.

Council
member
Sophie
Hahn, Jesse
Arreguin,
Cheryl
Davila, Kate
Harrison
2018-01-19 17:00:00 Health, Housing
and Community
Services
Completed 2017-10-23 00:00:00 2018-12-11 12:22:40 2019-02-05 17:14:03 - Melissa McDonough
(Additional comments)
HHCS is updating with
the latest single audit
findings.
16

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2017-05-30 53 Eliminate the
Required
Affidavits of
Residency for
Commissioners
Eliminate the requirement
for Commissioners to
submit Affidavits of
Residency when they are
appointed, and annually
thereafter, in pursuit of
saving time and money
for the City of Berkeley.

Revised Materials -
http://www.cityofberkeley.
info/Clerk/City_Council/20
17/05_May/Documents/2
017-05-
30_Item_53_Eliminate_th
e_Required_-_Rev.aspx
Council
member
2017-11-24 17:00:00 City Clerk Completed 2017-11-27 08:00:00 2017-09-12 00:00:00 2017-06-27 32 Housing
Inspection and
Community
Services
Manager
Request the City
Manager to create and fill
the position of Housing
Inspection and
Community Services
Manager.

Council
member
2017-12-22 17:00:00 Planning Completed 2017-12-25 08:00:00 2018-09-13 00:00:00 2019-02-05 17:13:07 - Melissa McDonough
(Additional comments)
New position approved
by Personnel Board.

Will bring to Council for
adoption by November
which will complete
referral.
17

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2017-10-03 7 Request for
Information
Regarding Grant
Writing Services
from Specialized
Grant Writing
Firms
Refer to the City Manager
to issue a request for
information to explore
grant writing services
from specialized
municipal grant-writing
firms, and report back to
Council.

Council
member
Sophie
Hahn, Kate
Harrison,
Cheryl
Davila, Ben
Bartlett
2018-01-01 17:00:00 Finance Completed 2018-01-01 17:00:00 2019-09-24 12:41:03 2019-04-12 15:07:44 - Melissa McDonough
(Additional comments)
Issued #18-11201 Feb.
5, 2018 as an RFI
(Request for
information); closed
March 1, 2018.

Received 13
information responses
for review. Next
Steps: use responses
to inform scope of
work, then release as
RFP.
2017-07-25 51 Commercial
Cannabis
Regulations and
Licensing
Refer to the City Manager
and Cannabis
Commission the
proposed local
ordinances to establish a
licensing process for
Commercial Cannabis
operations, as permitted
under Proposition 64,
Adult Use of Marijuana
Act. The Council
requests that the City
Manager and Cannabis
Commission report to the
City Council on its
recommendations on
regulations and licensing
for commercial cannabis
businesses before the
end of 2017.

Council
member
2018-01-19 17:00:00 Planning Completed 2018-01-22 08:00:00 2018-09-13 00:00:00 2019-02-05 17:15:33 - Melissa McDonough
(Additional comments)
Lengthy process
involving 3
Commissions and
many City
departments. Some
Ordinance changes
will be at Council
9/13/18. But more will
be needed. Council
Worksession
scheduled for 10/9/18,
then adoption of more
Ordinance changes
expected by end of
year, which will close
this referral.
18

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2017-10-31 17 Expanded Criteria
for the Installation
of Stop Signs

1. Refer to the
Transportation
Commission
consideration of
additional or
supplemental stop sign
criteria which addresses
the needs of vulnerable
populations, the presence
of bicycle boulevards,
and the difficulty of
crossing particular
intersections. 2. Direct
that staff consult with the
Bicycle Subcommittee of
the Transportation
Commission when
making decisions
impacting bicycle
boulevards, whenever
possible. 3. Request that
the City Manager provide
an informational report on
the particular state and
federal warrants and local
policies that prevent stop
signs being used as
traffic calming measures.

Council
member
Kate
Harrison,
Ben Bartlett,
Lori Droste
Transportation
Commission
2018-01-29 17:00:00 Public Works Completed 2018-01-29 17:00:00 2019-11-12 17:00:00 2019-09-25 08:55:09 - Melissa McDonough
(Additional comments)
Commission
Recommendation and
City Manager
Companion report are
under review and
tentatively scheduled
for council approval in
Nov 2019
2019-02-05 16:27:28 -
Melissa McDonough
(Additional comments)
Transportation
Commission formed a
subcommittee and
held first meeting
6/11/18, additional
meetings to be
planned by
subcommittee.
19

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2017-09-12 33 Voter
Registration
Forms in All City
Buildings on Their
Main Floors
Direct the City Manager
to provide voter
registration forms on the
main floor of all
designated city buildings
that are open to the
public and in all
Community based
organizations within the
city limits. Community
based organizations that
are funded by the City of
Berkeley will be required
to pick up the voter
registration forms from
the City Clerk's Office and
that should be clearly
stated in their respective
contracts.

Council
member
Cheryl
Davila, Kate
Harrison,
Sophie Hahn
2018-03-09 17:00:00 City Clerk Completed 2018-03-12 08:00:00 2017-11-08 00:00:00 2017-10-03 24 Parallel
Permitting
Process
Request that the City
Manager in coordination
with the Director of
Planning and the Chief
Building Official work to
establish a voluntary
parallel permitting
process for applications
to construct housing in
the City of Berkeley.

Council
member
Susan
Wengraf,
Linda Maio,
Lori Droste,
Jesse
Arreguin
2018-03-30 17:00:00 Planning Completed 2018-04-02 08:00:00 2017-11-01 00:00:00 2019-02-05 17:23:50 - Melissa McDonough
(Additional comments)
This voluntary parallel
permitting option
already exists.

Following October
2017 referral we
advised Building staff
to be sure to make
option known to
interested applicants.
20

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2017-10-03 21 Referral to the
City Manager to
Provide a Public
Master List of the
Legislation on
which the City
Council Has
Taken a Position
Request that the City
Manager work with the
City's lobbyist to create
and maintain a master list
of the legislation on which
the City Council has
taken a formal position of
support or opposition
through passage of an
item.

Council
member
Kate
Harrison,
Sophie
Hahn, Cheryl
Davila
2018-03-30 17:00:00 City Clerk Completed 2018-04-02 08:00:00 2018-01-23 00:00:00 2018-01-23 27 Open the West
Campus Pool All
Year Round and
Start the Shower
Program at the
West Campus
Pool
Short Term Referral to
City Manager to assess
the feasibility to keep the
West Campus Pool open
all year round and to start
COB Shower Program at
the West Campus Pool.

Keeping the West
Campus Pool open all
year round will provide
equitable swimming
options in both North
Berkeley and in
South/West Berkeley and
provide another location
available for our
community to shower.

Council
member
Cheryl
Davila, Ben
Bartlett
2018-07-20 17:00:00 Parks,
Recreation &
Waterfront
Completed 2018-04-23 00:00:00 2018-10-16 10:14:13 2019-02-05 17:38:54 - Melissa McDonough
(Additional comments)
a) On June 12, 2018,
Council received an
Off Agenda Memo that
identifies the cost to
establish a shower
program at West
Campus Pool.

B) In mid-September
2018, Council will
receive an Off Agenda
Memo that describes
the feasability of
keeping West Campus
pool open year-round.
2017-10-31 30 Short-Term
Referral to the
City Manager, a
Process for
Relocation of a
Permitted
Cannabis
Dispensary
Refer to the City Manager
to approve a process for
the relocation of
Apothecarium, a
cannabis dispensary with
valid permits.

Council
member
2018-04-27 17:00:00 Planning Completed 2018-04-30 08:00:00 2018-01-23 00:00:00 21

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2017-12-05 18 City Manager
Referral:

Prioritizing New
Business Before
Old Business at
City Council
Meetings
Prioritize new business
before old business at
City Council Meetings by:

1. Altering the Council
rules of procedure as
adopted May 24, 2016 so
that new business comes
before old business. The
reformatted section will
read "The agenda for the
regular business
meetings shall include the
following: Ceremonial;
Comments from the City
Manager; Comments
from the Public; Consent
Calendar; Action
Calendar (Appeals,
Public Hearings,
Continued Business, New
Business, Old Business);
Information Reports; and
Communication from the
Public"; and 2. Granting
explicit authorization to
Agenda Committee to
move new business
backwards or forwards at
their discretion by
amending section III E of
Council
member
2018-06-01 17:00:00 City Clerk Completed 2018-06-04 08:00:00 2018-01-30 00:00:00 22

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2018-02-13 17 Referral to the
City Manager to
Submit a Filing to
the CPUC
Recommending
Adjusting Electric
Rule 20 to Better
Serve the City of
Berkeley and
Other
Communities with
Very High Fire
Hazard Severity
Zones
A referral to the City
Manager to submit a filing
with the California Public
Utilities Commission
(CPUC) concerning the
CPUC's current review of
Electric Rule 20. The
CPUC is considering,
among other things, how
the existing program is
administered by the
various utility companies
operating in California
and the definition of what
projects are to be
included in the public
interest.

Council
member
Susan
Wengraf,
Sophie
Hahn, Jesse
Arreguin,
Lori Droste
2018-08-10 17:00:00 Public Works Completed 2018-08-10 17:00:00 2018-02-13 26 Referral to the
City Manager on
Gender Options
of the General
Application for
City Boards and
Commissions
Refer to the City
Manager to add a
nonbinary gender option
on the General
Application for
appointment to Berkeley
boards and commissions.

Council
member
Lori Droste,
Linda Maio,
Susan
Wengraf,
Worthignton
2018-08-10 17:00:00 City Clerk Completed 2018-08-13 08:00:00 2018-03-01 00:00:00 23

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2018-02-27 22 Wildland Urban
Interface Fire
Safety and Fire
Safety Education
Commission Referral #5
revised to read: 5. Refer
to the Planning
Commission to consider
Accessory Dwelling Units
(ADUs) in the Very High
Hazard Fire Zone to
review public safety
issues especially relevant
to the risk of WUI fires.

Amend Section 23D.10 to
incorporate greater public
safety considerations to
be met before issuing an
Administrative Use Permit
(AUP);
City Council and
Mayor
2018-08-24 17:00:00 FIRE &

EMERGENCY

SERVICES
Completed 2018-08-24 17:00:00
2018-03-13 17 Referral to the
Arts Commission
and the City
Manager: Cost
Estimate and
Plan for
Installation of
Sculpture Lighting
into Adjacent
Street Lights for
the William Byron
Rumford Statue
on Sacramento
and Julia St
Refer to the City Manager
a request to develop a
cost estimate and an
installation plan for
installing sculpture
lighting into adjacent
street lights for the
William Byron Rumford
statue on Sacramento
and Julia Street. Refer
the cost estimate and
plan to the Arts
Commission.

Council
member
2018-09-07 17:00:00 Public Works Completed 2018-09-07 17:00:00 24

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2018-01-30 14 Direction and
Referral to the
City Manager
Regarding
“Premier Cru”
Property

3. The Berkeley Way
Affordable Housing
Project is the City's top
affordable housing
priority. Premier Cru, as a
City property, to be
developed for affordable
housing falls under the
"High Priority" on the list
of housing initiatives
passed by Council on
November 28, 2017. In
light of the above, refer to
the City Manager to take
the following actions to
move Premier Cru
forward as a High Priority
initiative: a. Based on
recommendations from
Health, Housing and
Community Services and
other Departments, the
Housing Advisory
Commission, and on
consultation with local
affordable housing
providers, and taking into
consideration
requirements and
restrictions associated
Council
member
Sophie
Hahn, Jesse
Arreguin,
Linda Maio,
Kate
Harrison
2018-09-07 17:00:00 Planning Completed 2018-09-10 08:00:00 2018-05-29 00:00:00 2017-12-19 41 Companion
Report: Public
Works
Commission
Recommendation
for the Five-Year
Paving Plan
Adopt a Resolution
updating the City's Five-
Year Street Rehabilitation
Plan for FY 2018 to FY
2022. The City Council
may consider the
information put forth by
the Public Works
Commission relevant to
adoption of the
recommended plan.
2018-09-21 17:00:00 Public Works Completed 2018-09-24 08:00:00 2018-07-24 00:00:00 25

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2017-12-05 24 Ordinance
Amending the
Berkeley
Municipal Code to
Establish Ability
to Pay Provisions
Regarding
Parking Fines
and Fees in
Accordance with
Guidelines
Established in
Assembly Bill 503
to refer the item as
written in Supplemental
Reports Packet #2 to the
City Manager to conduct
an analysis of the item,
including a review of
current indigency
procedures and
coordination with similar
efforts in the City of
Oakland, and report back
to the Council in 90 days.

Council
member
Transportation
Commission
2018-09-28 17:00:00 Finance Completed 2018-09-28 17:00:00 2018-07-02 00:00:00 2018-04-24 17 Refer the
Housing Advisory
Commissions
Questions on the
Smoke-Free
Residential
Housing
Ordinance to
Staff and
Berkeley
Considers
The Housing Advisory
Commission respectfully
requests that the Council
direct the City Manager to
assist the HAC in its
review of the Smoke-Free
Residential Housing
Ordinance, a regulation of
tobacco use, as follows:

1. By responding to the
HAC's questions
enumerated in the report
with any readily available
responsive information. 2.

By facilitating the conduct
of a "Berkeley Considers"
questionnaire about the
Smoke-Free Residential
Housing Ordinance,
questions for which are
proposed in the report.

Commission 2018-10-19 17:00:00 Health, Housing
and Community
Services
Completed 2018-10-19 17:00:00 2019-03-17 14:41:36
26

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2017-07-25 10 Authorizing City
Manager
Approval for
Community
Development
Block Grant
(CDBG)
Community
Facility
Improvement
Contracts Under
$200,000;
Amending BMC
Chapter 7.18
Adopt first reading of an
Ordinance, by two-thirds
vote of the
Council, amending
Chapter 7.18 of the
Berkeley Municipal Code
to authorize the City
Manager to enter into and
amend contracts of up to
$200,000 with applicants
recommended for funding
by staff and the Housing
Advisory Commission
under the City's
Community Development
Block Grant (CDBG)
program for community
facility improvements.
2018-10-19 17:00:00 Health, Housing
and Community
Services
Completed 2018-10-22 08:00:00 2018-04-24 00:00:00
27

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2018-07-31 10 Direction to the
City Manager
Regarding the
Community
Service In Lieu of
Parking Penalties
Program
Direct the City Manager
to amend the eligibility
requirements of the
Community Service In
Lieu of Parking Penalties
Program in order to allow
all indigent individuals to
be eligible to participate
in the program
(regardless of the
registration status of a
potential participant's
vehicle).

Council
member
Ben Bartlett,
Cheryl
Davila, Kate
Harrison,
Sophie Hahn
2018-10-29 17:00:00 Public Works Completed 2018-10-29 17:00:00 2019-01-19 15:21:35 2019-08-27 15:23:33 - Nancy Melendez
(Additional comments)
FJ/DP: Aside from the
fact that Public Works
is not actually involved
in citations or citation
payment plans or
alternatives, this
program exists and the
FAQ at the link below
was updated January
2019.
https://www.cityofberke
ley.info/uploadedFiles/
City_Manager/Level_3
_-
_General/COMMUNIT
Y%20SERVICE.pdf
2019-02-05 15:38:44 -
Melissa McDonough
(Additional comments)
Because this is a
multidepartmental task
assigned to Public
Works, involving
Finance and City
Attorney, and
administered by the
2018-05-15 23 Transgender
Health Access
Training at City of
Berkeley Clinics
Adopt a Resolution
providing $2,400 from the
General Fund to support
a half-day Transgender
Health Access Training
for City of Berkeley Public
Health staff in June 2018.

Commission 2018-11-09 17:00:00 Health, Housing
and Community
Services
Completed 2018-11-10 17:00:00 2019-02-04 10:22:57 2019-04-15 10:25:13 - Laura Schroeder
(Additional comments)
On February 4, 2019
staff from public health
and mental health
attended a training on
Transgender Access
to Public Health
28

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 24 Budget Referral:

Increasing Safety
at San Pablo
Park
Request the City
Manager perform traffic
assessments to gather
data and refer any
needed improvements to
the FY 2020 – FY 2021
budget process.

Councilmem
bers
Cheryl
Davila
2018-11-13 17:00:00 Public Works Completed 2018-11-13 17:00:00 2019-05-16 00:00:00 2018-05-29 14 Implementation of
Secure Storage
Program

1. Direct the City
Manager to expedite
implementation of two
publicly available, secure
storage facilities to
accommodate as many
individuals as possible,
based on the parameters
set in staff's March 2,
2018 RFI: Downtown
Homeless Storage Pilot -
Staffing and Operations
and on additional
parameters outlined in
Program Details, below.

2. Direct the City
Manager to publicize the
locations, hours, and
rules applicable to new
storage facilities through
normal outreach channels
(website, press release,
etc.) and through direct
outreach to homeless
individuals by the City,
community organizations
(CBOs) and other
partners such as the
Downtown Berkeley
Association and
Council
member
2018-11-23 17:00:00 Health, Housing
and Community
Services
Completed 2018-11-26 08:00:00 2018-07-24 00:00:00
29

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2018-07-10 20 Refer to City
Manager to look
into adopting an
ordinance
requiring a permit
process for
scooter sharing
companies to
operate on public
streets
Refer to the City manager
to look into adopting an
ordinance establishing a
pilot Powered Scooter
Share Permit Program for
24 months, requiring a
permit issued by the
Director of Public Works,
establishing a fee for the
issuance of the permit,
establishing
administrative penalties
for failure to obtain a
permit or violation of
permit requirements,
providing a procedure for
the assessment and
collection of
administrative penalties
for permit violations or
parking or leaving
standing an unpermitted
powered scooter subject
to the pilot Powered
Scooter Share Permit
Program on a sidewalk,
street, or other public
right-of-way.

Council
member
Kriss
Worthington,
Sophie Hahn
Transportation
Commission
2018-11-27 17:00:00 Public Works Completed 2018-11-27 17:00:00 2018-11-27 17:00:00 2022-01-27 11:08:37 - Nancy Melendez
(Additional comments)
Council approved the
ordinance, and the City
is now accepting and
processing
applications.
2021-10-13 08:47:05 -
Nancy Melendez
(Additional comments)
Second reading of the
Ordinance October 12,
2021 for permitting
shared electric
scooters and other
electric micromobility
devices
2021-04-15 10:10:12 -
Nancy Melendez
(Additional comments)
Staff is preparing a
new permit program
for dockless shared
mobility devices like
scooters and ebikes.

This will be submitted
for review by the City
30

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2018-12-11 23 Short-term
referral to City
Attorney and
Health Housing
and Community
Service to amend
Berkeley
Municipal Code
7,441-N.S. to
expand the
control of flavored
tobacco across
the City of
Berkeley toward
preventing youth
and young adult
tobacco use
Short-term referral to City
Manager to amend
Berkeley Municipal Code
7,441-N.S. according to
the changes made in the
attached amended
ordinance to prohibit the
sale of flavored tobacco
products and require a
minimum package size
for cigars and little cigars
across the City of
Berkeley. The primary
purpose of the
amendment to the
ordinance is to do more
to prevent youth and
young adult tobacco use.

Councilmem
bers
Cheryl
Davila
2018-12-11 17:00:00 City Attorney Completed 2018-12-11 17:00:00 2019-09-10 13:15:43 31

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2018-09-13 31 Short-Term
Referral to City
Manager re:

Emergency
Standby Officers
Qualifications
Referral to the City
Manager to consider the
following suggestions for
requirements and
qualifications for
Emergency Standby
Officers and return to
Council within 90 days
with
recommendations. Possi
ble requirements may
include: -Trainings in
roles and responsibilities
to serve as a standby
officer possibly including:
ethics and workplace
harassment. -City
government experience. -
Council District residency.
-Require standby officers
to meet the same
qualifications, including
restrictions on conflict of
interest, as required in
the City Charter for City
Councilmembers. -In
addition, consider
requiring
Councilmembers to
nominate three people in
Council
member
Susan
Wengraf,
Jesse
Arreguin,
Sophie Hahn
2018-12-11 17:00:00 City Clerk Completed 2018-12-11 17:00:00 2019-05-02 12:02:38 2019-02-05 15:21:26 - Melissa McDonough
(Additional comments)
Ongoing discussion
with City Attorney
regarding potential
criteria
2018-07-10 17 Referral to City
Manager to
Consolidate all
City Commission
Workplans in One
Place for Easy
Access for Staff,
the Public, and
Elected Officials
Make a referral to the City
Manager to consolidate
all City Commission
Workplans in one place
for easy (electronic)
access for staff, the
public, and elected
officials.

Council
member
2019-01-04 17:00:00 City Clerk Completed 2019-01-07 08:00:00 2018-09-13 00:00:00 32

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2018-10-30 20 Proposed
Portland Loo
Installations in
Telegraph
Commercial
District
Short-Term Referral to
the City Manager to
identify costs for the
installation of a "Portland
Loo" type of bathroom
facility in Telegraph
Commercial District.

Costs should be
comprehensive and
include, but not be limited
to: the facility,
infrastructure, design,
construction, oversight
and any contingencies.

Councilmem
bers
Jesse
Arreguin,
Sophie Hahn
2019-01-31 17:00:00 Public Works Completed 2019-01-31 17:00:00 2019-02-27 00:00:00 2018-11-13 23 Clarifying
Jurisdiction of
Ohlone
Greenway
Refer to the City Manager
to review the
recommendation to place
the Ohlone Greenway
under park rules and
policies with the intent of
revising the BMC to
include the Ohlone
Greenway as open space
and enforce park-like
rules.

Councilmem
bers
Linda Maio,
Sophie
Hahn, Kate
Harrison
2019-02-13 17:00:00 City Attorney Completed 2019-02-13 17:00:00 2019-09-17 10:57:38 2019-09-17 10:57:27 - Christopher Jensen
(Additional comments)
Referral response
complete; Public
Works is providing
assistance on right-of-
way issues.
2019-04-24 10:04:24 -
Mark Numainville
(Additional comments)
City Attorney provided
legal opinion to PRW.

PRW to report to
Council.
2017-05-02 27 Berkeley Bicycle
Plan 2018
Adopt a Resolution
approving the Berkeley
Bicycle Plan 2017, and
directing the City
Manager to pursue
implementation of the
Plan as funding and
staffing permit.
2019-02-15 17:00:00 Public Works Completed 2019-02-15 17:00:00 33

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2015-11-17 28 Improve
Conditions on
Our Community
Sidewalks;
Amending
Berkeley
Municipal Code
Chapters 13.36
and 14.48
Discuss and refer the
following services and
ordinances to the City
Manager for
implementation, and
adopt first reading of
three Ordinaces: 1.

Adding Section 13.36.085
to the Berkeley Municipal
Code prohibiting urination
and defecation in public
places. 2. Amending
Sections 14.48.020 and

14.48.170 of the Berkeley
Municipal Code
regulating use of
sidewalks. 3. Adding
Section 13.36.040 to the
Berkeley Municipal Code
prohibiting obstruction of
City-owned planters and
trees. Additional
Services: 1. Create a
secure storage facility for
personal belongings; bins
must be of adequate size,
of reasonable number
(estimate of 50 – 100 at
the outset) and ensure
reasonable access, with
Council
member
Linda Maio,
Lori Droste
2019-02-28 16:00:00 City Manager's
Office
Completed 2019-02-28 16:00:00 2019-02-28 16:00:00 2019-10-15 14:27:16 - Melissa McDonough
(Additional comments)
Staff has prepared an
overview of the
outcomes from the
pilot implementation of
the Shared Sidewalk
Policy , and anticipates
presenting its findings
to Council in Fall 2019.

The ongoing program
is currently in place.
2019-08-07 14:46:28 -
Melissa McDonough
(Additional comments)
Storage is done as is
mobile showers and
expansion of
bathrooms, 14.48 re:
sidewalks is done.
2019-04-24 15:08:11 -
Melissa McDonough
(Additional comments)
Outreach information
disseminated to people
on streets; another
round of personal
34

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2018-11-13 24 Budget Referral:

Increasing Safety
at San Pablo
Park

4. Develop, implement
and coordinate drills for
active shooter and other
emergency protocol at
San Pablo Park: Create
protocol with input from
community partners, then
orient licensed daycare
providers, coaches,
trainers and program staff
who operate out of the
park, and conduct drills
with City staff operating
the Center and providers
in order to prepare for
emergencies and how to
use the Center as a
shelter during or following
them.

Councilmem
bers
Cheryl
Davila
2019-03-01 17:00:00 Police Completed 2019-03-01 17:00:00 2019-03-30 15:34:27 2019-04-24 15:35:06 - Melissa McDonough
(Additional comments)
Training class
conducted March 30
2017-12-05 17 City Manager
Referral:

Consider CPUC
Interconnection
Applications
Refer to the City Manager
consideration of applying
for CPUC interconnection
applications.

Council
member
2019-03-04 16:00:00 Public Works Completed 2019-03-04 16:00:00 2018-04-04 00:00:00 2018-09-13 18 Adopt a
Resolution in
Support of
Appropriate City
Enforcement
Measures to
Mitigate
Damages
Resulting from
the Removal of
Trees at 1698
University
Avenue
Amended to be a referral
to the City Manager
regarding enforcement of
measures to mitigate
damage to the general
welfare of the City and
neighborhood resulting
from the damage and
subsequently-required
removal of trees at 1698
University Avenue.

Council
member
Kate
Harrison
2019-03-11 17:00:00 Planning Completed 2019-03-11 16:00:00 2018-10-01 15:56:16 35

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2018-09-25 22 Safe storage of
firearms -
Revised materials
(Supp 2)
Refer to the City Manager
to review draft Safe
Storage of Firearms
ordinance, identify and
resolve issues, and return
to Council within 90 days.

Council
member
Susan
Wengraf,
Sophie Hahn
2019-03-22 17:00:00 City Attorney Completed 2019-03-23 16:00:00 2018-12-24 16:21:16 2018-10-02 Lobbyists
Registration and
Regulation
Ordinance;
Amendments to
Existing
Revolving Door
Ordinance
Request an analysis from
the City Manager before
the November budget
discussion on the
administrative impacts
and cost to implement the
lobbyist ordinance.

Council
member

MAYOR AND

COUNCIL
2019-03-29 17:00:00 City Attorney Completed 2019-03-30 16:00:00 2019-01-22 12:32:26 2018-10-02 9 Amend BMC
Chapters 6.24
and 14.52 to
Authorize Paid
Parking on
Shattuck Avenue
between Carleton
Street and Ward
Street and add
the Northside
(Euclid/Hearst)
Metered Parking
Area to the
goBerkeley
Program; and
Authorize Paid
Parking at the
City-Owned
Adeline/Alcatraz
Parking Lot
Request staff to perform
an analysis of the parking
in the Northside area
during the academic year
to be completed within six
months.

Council
member

MAYOR AND

COUNCIL
2019-04-02 17:00:00 Public Works Completed 2019-04-02 17:00:00 2019-08-01 15:29:17 2019-08-27 15:29:52 - Nancy Melendez
(Additional comments)
GH: Staff conducted
an analysis of the
parking in the
Northside area in
spring 2019, roughly
six months after
goBerkeley price and
time limits went into
effect on November 1,
2018. As summarized
in the June 25, 2019
Information Report
submitted to Council,
the data showed that
goBerkeley changes
are working as
intended to increase
parking availability in
the area. Two minor
adjustments to prices
and time limits in
“Value” zones went
into effect August 1,
2019
2019-02-05 16:25:11 -
Melissa McDonough
36

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2018-10-30 35 City Manager
referral: Initiate a
franchise
agreement with
FlixBus
That the Council refer to
the City Manager
initiation of a franchise
agreement with FlixBus,
requiring a permit issued
by the Director of Public
Works, establishing a fee
for the issuance of the
permit, establishing
administrative penalties
for failure to obtain a
permit or violation of
permit requirements, and
providing a procedure for
the assessment and
collection of
administrative penalties
for permit violations.

Councilmem
bers
Kriss
Worthington
2018-10-30 17:00:00 Public Works Completed 2019-05-01 11:39:27 2019-05-23 00:00:00 2019-04-23 11:49:56 - Mark Numainville
(Additional comments)
Resolution of Intent
adopted on 3/26/19;
Public Hearing set for
4/30/19
2018-10-16 25 Welcome to
Berkeley Signage
Refer to the City Manager
on a short term basis to
replace all the Welcome
to Berkeley signs with the
Option B design per the
Transportation
Commission
recommendation,
including "Ohlone
Territory" but not a
second motto. Also,
leave space on the sign
to add a policy message
and consult with Ohlone
leaders on the use of the
word "territory."
Councilmem
bers
City Council
District 2
Cheryl
Davila
2018-10-16 17:00:00 Public Works Completed 2019-05-03 12:00:00 2019-02-07 00:00:00 37

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2019-02-19 21 Refer to the
Planning
Commission an
amendment to
BMC Chapter
23C.12.020
(Inclusionary
Housing
Requirements -
Applicability of
Regulations) and
the Affordable
Housing
Mitigation Fee
Resolution to
Close a Loophole
for Avoiding the
Mitigation Fee
through Property
Line
Manipulation
1) Refer to the Planning
Commission an
amendment to BMC
Section 23C.12.020
(Inclusionary Housing
Requirements –
Applicability of
Regulations) and BMC
Section 22.20.065
(Affordable Housing
Mitigation Fee) to close a
loophole allowing
prospective project
applicants to avoid
inclusionary affordable
housing requirements for
projects by modifying
property lines so that no
lot is large enough to
construct five or more
units; the Commission
should return to Council
with a report by April 30,
2019. 2) Refer to the
Planning Commission to
consider modifying the
structure of in-lieu fees
for owner-occupied
developments to a flat per
-
unit fee, as with rental
Councilmem
bers
Kate
Harrison,
Rigel
Robinson,
Sophie Hahn
2019-05-21 17:00:00 Planning Completed 2019-05-21 17:00:00 2019-06-11 09:40:07 2019-04-15 09:44:51 - James Bondi
(Additional comments)
Scheduled for Council
4/30/19.
2019-04-12 16:04:35 -
Melissa McDonough
(Additional comments)
May be done at
Council 4/30/19,
pending
recommendation from
Planning Commission
(special Public Hearing
4/3/19).
38

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2019-02-19 9 Short-Term
Referral: Develop
Ordinance
permitting
Cannabis Events
and designate
Cesar Chavez
Park as an
Approved Venue
Short-Term Referral to
the City Manager to
develop ordinance
amendments permitting
up to three cannabis
events per year in the first
year in the City of
Berkeley and designating
Cesar Chavez Park as
the sole approved
location for cannabis
events, provided such
events are organized and
licensed as required by
the State of California.

The ordinance shall: 1.
reference Resolution No.
68,326-N.S., declaring
that Berkeley is a
sanctuary for adult use
cannabis, 2. specify
procedures for such
events that replicate
similar alcohol related
event protocols. The City
Council will revisit the
provisions of the
ordinance following the
first year of
implementation.

Councilmem
bers
Jesse
Arreguin
2019-05-21 17:00:00 Planning Completed 2019-05-22 00:00:00 2019-04-15 09:54:32 2019-04-15 09:54:26 - James Bondi
(Additional comments)
Council considered
and opted not to adopt
policy, 4/2/19.
2019-04-12 16:02:31 -
Melissa McDonough
(Additional comments)
Pending Council
adoption of Cannabis
Ordinance revisions
scheduled for April 2
(second reading April
23).
2017-07-25 37 Reviewing the
GIG Car Share
Pilot Program
Refer to the City Manager
and Transportation
Department a review of
the concerns, emerging
regarding some features
of the recently
implemented GIG Car
Share pilot program,
request adjustments
before the two-year pilot
program from staff.

Council
member
Linda Maio,
Susan
Wengraf
2019-05-28 17:00:00 Public Works Completed 2019-05-28 17:00:00 2019-05-28 11:39:27 2019-02-05 15:16:47 - Melissa McDonough
(Additional comments)
The program
evaluation will be
conducted in early
2019 and an action
report prepared for
Council to continue,
modify, or discontinue
the pilot.
39

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2019-03-26 23 Referral to City
Manager to
Scope Process
and Estimate
Cost of New
General Plan
Referral to the City
Manager to return to City
Council with an outline of
the process for creating a
new City of Berkeley
General Plan. The cost
for the first two years of
work will be included in
the report for
consideration during the
upcoming 2020-2021
Budget Process.

Councilmem
bers
Jesse
Arreguin,
Cheryl
Davila
2019-06-21 17:00:00 Planning Completed 2019-06-21 17:00:00 2019-06-12 09:41:11 2019-04-15 09:53:31 - James Bondi
(Additional comments)
Scoping has begun.

Off-Agenda Memo will
provide answers (date
TBD)
2018-12-11 26 Referral to the
City Manager and
Planning
Commission to
Update the
Housing Pipeline
Report to
Address Timeline
between Planning
Entitlements and
Submission of
Building Permit
Applications and
Consider
Reasons for
Delay
Referral to the City
Manager to include in the
Housing Pipeline Report
an analysis of the time
between planning
entitlements and building
permit requests for all
projects of five units or
greater over the past five
years. On an ongoing
basis, refer to the City
Manager and Planning
Commission to propose
changes to current
Planning approval
process to address the
causes of delays between
entitlements and building
permits for construction
or substantial
rehabilitation of five or
more dwelling units.

Councilmem
bers
Kate
Harrison
2018-12-11 17:00:00 Planning Completed 2019-07-16 16:43:23 2019-07-23 11:40:57 40

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2019-03-26 15 Ensuring the
Sustainability of
the Berkeley Flea
Market
Short-term referral to the
City Manager to provide
material and strategic
assistance to the
Berkeley Flea Market, to
sustain and enhance its
ability to serve both
merchant participants and
the community at large.

Council
member
Ben Bartlett,
Sophie
Hahn, Cheryl
Davila
2019-05-27 17:00:00 Office of
Economic
Development
Completed 2019-07-30 11:38:31 2019-07-30 11:38:31 2019-12-25 20:59:26 - Jordan Klein
(Additional comments)
Info report to Council
on January 21, 2020
(Referral Response:

Small Business
Retention Programs)
includes a summary of
the assistance
provided to CSU /
Berkeley Flea Market,
and includes their new
strategic plan as an
attachment. OED will
continue to provide
support to the Flea
Market, directly and
through our partner
organizations.
2019-11-25 13:18:59 -
Melissa McDonough
(Additional comments)
Community Services
United (nonprofit that
runs the flea market)
submitted their
strategic plan for the
flea market to OED on
41

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2019-05-28 29 Referral to the
Public Works
Department and
the City Manager:

Finishing the
installation of
Sculpture Lighting
into Adjacent
Street Lights for
the William Byron
Rumford Statue
on Sacramento
and Julia St.

Refer to the City Manager
a request to finish the
installation of sculpture
lighting into adjacent
street lights for the
William Byron Rumford
statue on Sacramento
and Julia Street. Refer to
the Public Works
Department for its
installation.

Councilmem
bers
Ben Bartlett,
Kate
Harrison,
Cheryl
Davila,
Jesse
Arreguin
2019-06-13 17:00:00 Public Works Completed 2019-08-07 13:59:42 2019-10-01 17:00:00 2021-04-14 14:02:28 - Nancy Melendez
(Additional comments)
All materials have
arrived. Final
installation is
scheduled and work is
anticipated to be
completed by 4-30-21.
2020-06-30 15:29:22 -
Nancy Melendez
(Additional comments)
PW waiting for a
response from
Berkeley Electric to
confirm project and
when they can start.
2019-11-26 14:28:34 -
Melissa McDonough
(Additional comments)
Project is out to bid
and completion is
expected by end of
fiscal year.
2019-11-26 14:19:08 -
Melissa McDonough
(Additional comments)
42

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2018-11-13 18 Short-Term
Referral to City
Manager to
Complete Steps
Necessary to
Establish Lava
Mae Services in
Berkeley
Short-term referral to the
City Manager to
coordinate with Fire,
Planning and Public
Works Department Heads
to provide permits,
identify locations and
allow access to water and
disposal hook-ups
necessary to bring Lava
Mae shower services to
Berkeley's homeless
populations within 90
days for a 6-8 week pilot.

This includes: -
Determining locations to
set up portable shower;
and -Identifying water
source for hook ups
designated to dispense
water for showers, either
fire hydrants (preferred)
or garden hose spigots;
and -Parking permits for
shower trailer; and -
Identifying sewage
manholes designated to
pump out/dump gray and
black water (H2O) into
the sewer system; and -
Councilmem
bers
Cheryl
Davila,
Sophie Hahn
2019-09-10 17:00:00 City Manager's
Office
Completed 2019-09-10 17:00:00 2019-09-12 08:29:03 2019-09-12 08:30:15 - Melissa McDonough
(Additional comments)
Report on Council
agenda.
2019-08-07 15:07:11 -
Melissa McDonough
(Additional comments)
Sites and hook-ups
have been established.
43

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2016-09-20 22 Amending
Council Rules
Regarding
Removal of
Commissioners
Direct staff to return with
a policy recommendation
consistent with the
recommendations in this
report, i.e., noting that as
a matter of courtesy and
respect, Councilmembers
are expected to set the
date a commissioner is to
be replaced on a
commission and
communicate that date to
the commissioner not
less than two weeks from
the official date of
replacement.

Council
member
Commission 2019-09-10 17:00:00 City Clerk Completed 2019-09-10 17:00:00 2019-09-10 17:00:00 2019-09-10 55 Game Day
Parking - Minor
Update to include
RPP area K
Refer to the City Manager
the modification of
parking restrictions in
specified RPP Zones on
UC Berkeley home
football game days as
follows: establish
"Enhanced Fine Areas" to
prohibit parking without a
valid RPP permit to
include RPP Zone K; and
install new RPP signs in
zone K to clearly indicate
UC Berkeley home
football game day parking
prohibitions.

Council
member
Lori Droste,
Jesse
Arreguin
2019-09-16 17:00:00 Public Works Completed 2019-09-16 17:00:00 2019-09-16 17:00:00 2020-10-28 16:19:57 - Mark Numainville
(Additional comments)
Item 13 on the 10-27-
2020 agenda
2020-06-30 15:27:04 -
Nancy Melendez
(Additional comments)
There is no known
plan for Cal Football
this fall. So the
program is not
expected to occur this
year. Work to include
area K has not started.
2019-11-26 14:14:38 -
Melissa McDonough
(Additional comments)
Scheduled for Council
action spring 2020.
44

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2019-09-10 48 Request for
Information
Regarding
Current Status
and Progress on
Traffic Mitigations
at Dwight Way
and California
Street
Refer to the City Manager
a request for information
regarding the current
status and progress on
traffic mitigations and
pedestrian safety
improvements at the
intersection of Dwight
Way and California
Street.

Council
member
Ben Bartlett 2019-09-16 17:00:00 Public Works Completed 2019-09-16 17:00:00 2019-09-16 17:00:00 2021-06-23 11:40:09 - Nancy Melendez
(Additional comments)
Construction beginning
July 2021
2020-10-05 09:33:42 -
Nancy Melendez
(Additional comments)
Received approval to
fill Associate Traffic
Engineer vacancy to
do the work. initiating
hiring process.
2020-03-19 10:31:47 -
Nancy Melendez
(Additional comments)
Engineering Design
work is commencing
now, construction
expected in Spring
2021
2019-11-26 14:16:26 -
Melissa McDonough
(Additional comments)
Off agenda memo
pending
45

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2019-07-16 14 Opportunity Zone
Project
Guidelines for the
City Manager
Refer to the City Manager
the priorities listed below
for investment in
Berkeley's Opportunity
Zones for proactive
outreach and marketing
to investors or
Opportunity Funds, and
to guide any discussions
or negotiations regarding
development projects in
Opportunity Zones. The
priorities are:

Construction of new
Affordable Housing units
or acquisition and
preservation of affordable
housing; Preservation of
historic buildings; Cultural
Institutions and
Performing Arts Venues;
Civic Uses (Government
Offices, Libraries,
Schools, Public Safety);
Public Open Space and
Recreation Facilities;
Health Care Services;
Transportation Demand
Management features;
and Job training or
Councilmem
bers
Ben Bartlett,
Kate
Harrison,
Jesse
Arreguin,
Cheryl
Davila
2019-07-22 17:00:00 Office of
Economic
Development
Completed 2019-09-25 11:01:10 2020-01-24 10:52:16 2020-04-16 10:52:40 - Melissa McDonough
(Additional comments)
Off-agenda memo
released on 1/24/20:
https://www.cityofberke
ley.info/uploadedFiles/
Clerk/Level_3_-
_General/Opportunity
%20Zones%20012320
.pdf
2019-11-25 13:28:38 -
Melissa McDonough
(Additional comments)
Information report
postponed pending
further analysis.
2019-11-05 13:31:36 -
Jordan Klein
(Additional comments)
Information report
submitted for 12/3/19
Council Meeting
2019-09-24 07:59:59 -
Melissa McDonough
(Additional comments)
Expect to send an info
2019-11-12 18 Request for
Information:

Police Dispatch
Refer to the City Manager
a request for information
clarifying:

1. when non-emergency
phone calls to the police
are directed to the
Berkeley Police
Department and when to
the California Highway
Patrol or other outside
agencies, and 2. what
staffing or technological
changes would be
needed to direct more
calls to Berkeley
dispatch.

Councilmem
bers
Kate
Harrison
2019-11-20 17:00:00 Police Completed 2019-11-20 17:00:00 2019-11-20 17:00:00 2020-10-26 10:56:20 - Melissa McDonough
(Additional comments)
Off agenda memo
submitted 10/26
2020-08-05 09:43:23 -
Melissa McDonough
(Additional comments)
Completion pending
submittal of memo to
Council documenting
work.
46

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2019-09-24 36 Companion
Report: Health
Study to be
Conducted by the
Public Health
Division to Gather
Data on Health
Conditions,
Health Disparities
and Mortality
Rates of
Berkeley's
homeless
Send a letter to Alameda
County requesting data
on deaths of identified
homeless individuals.

Contact Alameda County
request that they explore
the feasibility of recording
homelessness as a data
point in death records
and/or making
investments to begin
tracking this information
locally.

Councilmem
bers
2019-10-31 17:00:00 Health, Housing
and Community
Services
Completed 2019-11-29 17:00:00 2019-11-29 17:00:00 2019-12-02 14:10:47 - Melissa McDonough
(Additional comments)
Disregard previous
comment. Mistake.
2019-12-02 14:06:36 -
Melissa McDonough
(Additional comments)
RFP issued, due date
for responses 12/12/19
2019-09-10 35 1281 University
Avenue Request
for Proposals
Refer to the City Manager
to issue a Request for
Proposals (RFP) for
residential development
at the City-owned site at
1281 University Avenue
with a requirement that
100% of the on-site units
to be restricted to 80%
AMI or below households
with at least 10% at 50%
AMI, with consideration
given to accommodations
that serve unhoused or
homeless households,
including nontraditional
living arrangements such
as tiny homes and that
Council consider interim
use for the site for
housing purposes.

Commission Housing Advisory
Commission
2019-11-29 17:00:00 Health, Housing
and Community
Services
Completed 2019-11-29 17:00:00 2019-11-29 17:00:00 2019-12-02 14:11:54 - Melissa McDonough
(Additional comments)
RFP issued,
responses due
12/12/19
47

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2019-09-10 30 Referral
Response:

Proposed New
BMC Ordinance
Adding Chapter

9.26 Live Animal
Sales –
Disclosure
Requirements
In lieu of approving the
ordinance, encourage
Berkeley live animal
retailers to provide
purchasers with
information regarding the
sourcing of their animals
by utilizing one or two of
the following designations
describing the sourcing of
the particular animal:
'captive bred;' 'hobby
breeder' or 'licensed
breeder;' 'rescue;' 'wild
caught;' or 'imported.'
Commission Animal Care
Commission
2019-12-16 17:00:00 City Manager's
Office
Completed 2019-12-16 17:00:00 2019-10-03 17:00:00 2019-10-15 14:28:21 - Melissa McDonough
(Additional comments)
Staff developed a set
of standard terms and
sent a letter to all
animal retailers on
10/3/2019,
encouraging them to
use the designations.

Staff has prepared and
submitted a referral
response via off-
agenda memo.
48

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2020-03-10 23 Directing the City
Manager to
Lease Caltrans
Property at
University and
West Frontage
Road
Direct the City Manager
to:

1. Negotiate a lease
agreement with the
California Department of
Transportation (Caltrans)
for the leasing of state
property at University
Avenue and West
Frontage Road as
indicated in Attachment 1.

The property will be used
for a temporary outdoor
shelter with restrooms,
hand washing stations
and garbage service. The
City Manager should also
inquire about whether
additional Caltrans
parcels adjacent to those
being offered are also
available for lease. The
City Manager should
utilize funding previously
allocated for an Outdoor
Shelter program from
Measure P tax receipts.

2. Concurrent with the
lease negotiation,
develop a plan and
Councilmem
bers
Jesse
Arreguin,
Rigel
Robinson,
Kate
Harrison,
Sophie Hahn
2020-03-23 17:00:00 City Manager's
Office
Completed 2020-03-23 17:00:00 2020-03-23 17:00:00
49

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2020-04-14 0 Save Our Small
(SOS) Business
Loan Fund
Refer to the City Manager
to rapidly explore and, if
feasible, pursue the
creation of a special
structured financial
recovery loan fund to
provide a supplemental
source of capital for
Berkeley small
businesses impacted by
the COVID-19
emergency. Among other
considerations, the City
Manager is requested to
consider whether the City
of Berkeley should act as
a sponsor of the fund,
working with one or more
financial institutions to
pool capital from private
investors and the City of
Berkeley to lower the risk
of the product and
support low interest rates.

The City Manager is also
recommended to partner
with the Haas Business
School at UC Berkeley to
design terms of the SOS
business loan fund and
Councilmem
bers
Sophie
Hahn, Jesse
Arreguin,
Susan
Wengraf,
Kate
Harrison
2020-04-16 17:00:00 City Manager's
Office
Completed 2020-04-16 17:00:00 2020-04-16 17:00:00 2020-10-21 11:31:46 - Melissa McDonough
(Additional comments)
ee off agenda memo:
(April
27)https://www.cityofb
erkeley.info/uploadedF
iles/Clerk/Level_3_-
_General/Business%2
0and%20Arts%20Orga
nization%20Continuity
%20Grant%20Progra
ms%20042720.docx.p
df
50

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2020-06-02 11 Berkeley Safe
Open Air Dining

1. Refer to the City
Manager to explore and
identify, on an expedited
basis, potential public
locations throughout
Berkeley, including but
not limited to wide
sidewalks, street
medians, building
curtilages, parking bays
and strips, streets and
portions of streets,
parking lots, and parks,
for the temporary
placement of tables and
chairs to be used, if and
when safe and feasible,
for open air dining to
support restaurants,
cafes, food shops, and
other small businesses
impacted by the COVID-
19 emergency, and to
increase capacity for
pedes-trians to use
sidewalks for walking and
queuing in commercial
areas while maintaining
social distancing.

2. Refer to the City
Councilmem
bers
Sophie
Hahn, Jesse
Arreguin,
Rigel
Robinson,
Kate
Harrison
2020-06-10 17:00:00 City Manager's
Office
Completed 2020-06-10 17:00:00 2020-06-10 17:00:00
2020-03-10 26 Disposition of City
-
Owned, Former
Redevelopment
Agency Property
at 1631 Fifth
Street
Refer the item to the City
Manager to explore City
uses of the property for
housing and
homelessness services
and needs, or other uses,
and review the
remediation needs of the
property.

Councilmem
bers
2020-07-20 17:00:00 Health, Housing
and Community
Services
Completed 2020-07-20 17:00:00 2020-07-20 17:00:00
51

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2020-01-21 32 Short Term
Referral to the
City Manager: 1.

Improve and
increase External
Community
Engagement; 2.

Identify the
funding resources
needed to
adequately
implement
number 1; and 3.

Implement and
require all City
Council items and
staff reports
include Climate
Impacts in
addition to
Environmental
Sustainability
Adopt the following
amended actions with a
positive recommendation
from the Council
Facilities, Infrastructure,
Transportation,
Environment and
Sustainability (FITES)
Committee: 1. Short Term
Referral to the City
Manager: to look at how
to improve and increase
External Community
Engagement – including
funding for regular on-
going town halls or
neighborhood assemblies
for external community
engagement and
collaboration to engage
the community and allow
for input on new policies
and programs which
affect "marginalized and
front-line communities." 2.

Short Term Referral to
the City Manager to
report back and identify
funding resources and
funding needed to
Councilmem
bers
Cheryl
Davila, Ben
Bartlett
2020-01-23 17:00:00 Planning Completed 2020-07-31 17:00:00 2020-07-21 17:00:00 2020-07-24 13:25:25 - James Bondi
(Additional comments)
Completed at Council
7/21/2020. Council
action to accept report
also created new long-
term referral, to be
tracked separately.
2020-07-01 13:12:14 -
James Bondi
(Additional comments)
Referral response
scheduled for Council
7/21/20.
2020-04-15 11:31:10 -
James Bondi
(Additional comments)
Work has begun, draft
report to Council
prepared, but put on
hold until budget
recommendations can
be considered in larger
City budget context
given COVID impacts.
52

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2020-09-15 31 Preserving Our
Children's
Recreation Areas
Request the City
Manager implement the
following
recommendations for
Willard
Park and utilize them for
other parks where
appropriate:

1. Increase nighttime
enforcement and enable
the enforcement of park
rules and
ordinances.

2. Consider the presence
of needles and feces a
Public Health threat and
enable the
Public Health Department
to cordon off areas of
encampment for the
purpose of
clearing the areas of
contamination and
ensuring the areas are
safe for public use.

3. Determine where
additional signage is
needed to clarify rules
regarding camping
and park hours, as well
Councilmem
bers
Lori Droste,
Jesse
Arreguin
2020-09-25 17:00:00 City Manager's
Office
Completed 2020-09-25 17:00:00 2020-09-25 17:00:00
53

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2020-09-15 27 Outreach and
Technical
Assistance for
Berkeley Small
Businesses
Eligible to
Participate in the
California
Rebuilding Fund
Refer to the City Manager
to engage in robust
outreach to small
businesses and
organizations in Berkeley
that may be eligible to
participate in the
California Rebuilding
Fund, a new public-
private partnership based
on the SOS Small
Business Loan model
Berkeley passed in April
2020, that will leverage
government backed
capital to support small
enterprises in California.

It is our understanding
that loans will be made in
part on a first come, first
served basis, so time is of
the essence for staff to do
outreach.

The City Manager is
requested to focus
outreach in particular on
underserved small
businesses and
nonprofits, entrepreneurs
in historically
Councilmem
bers
Sophie Hahn 2020-09-25 17:00:00 City Manager's
Office
Completed 2020-09-25 17:00:00 2020-09-25 17:00:00 2020-10-21 11:30:40 - Melissa McDonough
(Additional comments)
This effort will dovetail
with the expanded RLF
program (called "RLP",
resiliency loan
program) the federal
funds are to be
accepted and
approved by council
10/27/20.
2020-09-22 16 Healthy Checkout
Ordinance

2. Refer to the City
Manager to determine
funding and staffing
needs to implement and
enforce the ordinance
and sources of funding to
support this program.

Councilmem
bers
Kate
Harrison,
Sophie Hahn
2020-10-15 17:00:00 Health, Housing
and Community
Services
Completed 2020-10-15 17:00:00 2020-10-15 17:00:00
54

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2020-10-13 17 Removal of
Traffic Bollards
on the
Intersection at
Fairview and
California St.

Refer to the City Manager
to remove the traffic
bollards at the
intersection at Fairview
and California St. for the
following reasons: 1. To
allow residents,
emergency responders,
street cleaning and
garbage disposal
services, and delivery
vehicles ease of access
to enter and exit Fairview
Street; 2. To allow
residents of the 1600
block of Fairview St.
access to additional
parking spots because
the current capacity is
inadequate; and 3. To
decrease illegal dumping
that has been
incentivized by the traffic
bollards and eliminate the
harborage of junk, debris,
and garbage.

Ben Bartlett 2020-10-22 17:00:00 Public Works Completed 2020-10-22 17:00:00 2020-10-22 17:00:00 2021-01-14 17:42:45 - Nancy Melendez
(Additional comments)
The bollards have
been removed.
55

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2020-10-13 12 Authorize
Installation of
Security Cameras
at the Marina and
Request an
Environmental
Safety
Assessment
Adopt the following
recommendations in
order to address the
recent dramatic uptick in
reported crime incidents
at the Berkeley marina: -
Request that the City
Manager install security
cameras and signage as
expeditiously as possible
as a long-term safety
measure; -Refer to the
City Manager to perform
an environmental safety
assessment of the
Berkeley marina with
particular attention to the
berther parking areas.

Cameras will not use
facial recognition or
biometric software.

Councilmem
bers
Rashi
Kesarwani,
Susan
Wengraf
2020-10-22 17:00:00 Parks
Recreation &
Waterfront
Completed 2020-10-22 17:00:00 2020-10-22 17:00:00
56

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2020-10-13 18 Enforce Bi-
Weekly (Once
Every Two
Weeks)
Residential
Cleaning
Measures to
Address
Encampments
and Promote
Clean Streets in
Berkeley
Refer to the City Manager
to promote equitable
street cleaning practices
and require biweekly
(once every two weeks),
cleanings of populated
encampment sites in
Berkeley and adjacent
residential
neighborhoods. In order
to determine where City
Staff should prioritize
residential cleaning
services, the City
Manager should establish
a radius around the
campsites. When
encampments are on non
-
City owned property,
such as Caltrans, the City
should bill the appropriate
agency for the cost of
staff and materials.

Ben Bartlett,
Sophie
Hahn, Kate
Harrison,
Cheryl
Davila
2020-10-22 17:00:00 City Manager's
Office
Completed 2020-10-22 17:00:00 2020-10-22 17:00:00 2022-01-13 13:17:54 - Melissa McDonough
(Additional comments)
Staff have
implemented this and
we now provide
regular garbage
service to
encampment and
nearby areas impacted
by encampment on a
twice weekly basis.
2021-10-22 09:36:04 -
Melissa McDonough
(Additional comments)
Staff have begun
implementing this and
we now provide
regular garbage
service to
encampment and
nearby areas impacted
by encampment on a
twice weekly basis.
57

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2020-11-10 5 Referral
Response:

Including Climate
Impacts in City
Council Reports
Request that the City
Manager update the
templates and associated
training materials to add
"Climate Impacts" in the
"Environmental
Sustainability" section of
reports to the City
Council, and codify the
changes in Appendix B in
the next update to the
Berkeley City Council
Rules of Procedure. This
recommendation is a
partial response to a
January 21, 2020 referral,
sponsored by
Councilmembers Davila
and Bartlett, to require
that all City Council items
and staff reports include
"climate impacts" in
addition to environmental
sustainability.

Councilmem
bers
2020-11-18 17:00:00 City Clerk Completed 2020-11-18 17:00:00 2020-11-18 17:00:00 58

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2020-12-01 28 Rescinded 2021-
10-26 Referral:

Commission Low-
Income Stipend
Reform
Refer to the City Manager
to develop and return to
Council with a plan to
improve equity,
accessibility, and
representation in City of
Berkeley commissions by
modernizing the low-
income stipend program,
and in doing so consider:

1. Increasing the annual
household income cap for
stipend eligibility from
$20,000 to align with the
50% Area Median Income
(AMI) guidelines for
Alameda County and
reflect household size,
and updating it annually
with the latest HUD data.

2. Increasing the low-
income stipend from $40
to $78 per meeting, and
updating it annually with
the City of Berkeley
minimum wage to
correspond to
compensation for 2.5
hours of work.

Councilmem
bers
Rigel
Robinson
2020-12-04 17:00:00 City Clerk Completed 2020-12-04 17:00:00 2020-12-04 17:00:00 59

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2020-12-15 39 Path to
Permanence for
Outdoor Dining
and Commerce
Permits Granted
Under COVID-19
Public Health
Emergency
Declaration
On November 2, 2020 the
Facilities, Infrastructure,
Transportation,
Environment &
Sustainability Committee
made a positive
recommendation to send
the item to the City
Council with the
recommendation
language as amended by
the committee. The
revised recommendation
language includes: Refer
to the City Manager to
develop a program and, if
necessary, ordinance
language to facilitate the
transition of temporary
outdoor dining and
commerce permits that
were obtained under the
City's declaration of
emergency to permanent
status. - Consider criteria
for transitioning spaces
for Public vs. Private
outdoor use. - Consider
the structural, materials,
safety and other criteria
Councilmem
bers
Lori Droste,
Jesse
Arreguin,
Rigel
Robinson,
Kate
Harrison
2020-12-25 17:00:00 Office of
Economic
Development
Completed 2020-12-25 17:00:00 2020-12-25 17:00:00 2021-04-05 11:08:42 - Melissa McDonough
(Additional comments)
Anticipated return to
Council in May 2021
60

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2020-06-16 24 Lessons Learned
in Organizational
Management
During Crisis
Refer to the City Manager
to include insights and
reflections on
organizational
management in any
comprehensive report
regarding the City
response to the COVID-
19 Emergency.

Information should
include but not limited to:
an overview of how the
City was structured and
functioned differently
during activation of the
Emergency Operations
Center, the benefits and
challenges with cross
departmental
collaborations, and
strategies or structures
worth instituting and
incorporating into future
day-to-day departmental
actions and interactions.

Councilmem
bers
Jesse
Arreguin,
Kate
Harrison,
Sophie
Hahn, Susan
Wengraf
2021-01-15 17:00:00 City Manager's
Office
Completed 2021-01-15 17:00:00 2021-01-15 17:00:00 2020-10-28 16:18:36 - Mark Numainville
(Additional comments)
Presentation made
and report submitted at
10-27-2020 council
meeting
2020-10-16 15:22:51 -
Melissa McDonough
(Additional comments)
Report and
presentation on 10/27
City Council Meeting
Agenda
2020-07-14 14:04:25 -
Melissa McDonough
(Additional comments)
The report on our
emergency response
will be provided
culminating a year of
activities.
61

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2021-01-26 11 Short Term
Referral to City
Manager,
Disaster and Fire
Safety
Commission and
Planning
Commission to
Amend Local
Accessory
Dwelling Unit
(ADU) Zoning
Ordinance and
Berkeley's Fire
Code
Refer to the City
Manager, the Disaster
and Fire Safety
Commission and the
Planning Commission to
evaluate and recommend
to Council within 90 days,
a set of ordinance
amendments and
implementation programs
to address emergency
access and egress,
parking and objective
development standards
for ADUs in all districts
with expedited
consideration to address
the constraints presented
by high fire hazard
conditions and narrow
and curving roadways in
Fire Zones 2 and 3.
(Attachment 1 to the
report).

Recommendations to
Additional Objective
Development Standards
in Zones 2 and 3: -Zone 2
and 3 - limit the base
maximum size of newly
Councilmem
bers
Susan
Wengraf,
Sophie Hahn
2021-01-28 17:00:00 Planning Completed 2021-01-28 17:00:00 2021-01-28 17:00:00 2021-11-05 13:56:59 - James Bondi
(Additional comments)
Closed at Council
10/26/21 (Council
heard item).
2021-06-25 15:42:18 -
James Bondi
(Additional comments)
Submitted for Council
7/13/21.
2021-03-09 11 Proposed
Changes to City
Council Office
Budget
Expenditure and
Reimbursement
Policies
(Resolution
67,992-N.S.)
prepare a change in City
Council Expenditure and
Reimbursement policies
(Resolution 67,992-N.S.)
to have donations to
nonprofit organizations
made in the name of the
entire Berkeley City
Council on behalf of the
citizens of Berkeley rather
than from individual
Council members.

Councilmem
bers
2021-03-15 17:00:00 City Clerk Completed 2021-03-15 17:00:00 2021-03-15 17:00:00 2021-11-03 16:41:56 - Mark Numainville
(Additional comments)
See Item 3 from 10/26
agenda. New
templates posted and
distributed to Council.
62

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2020-12-15 32 Deferral of
Remaining Permit
Fees for 2009
Addison Street
Refer to the City Manager
to conduct a feasibility
analysis and develop an
MOU with the Berkeley
Repertory Theater to
defer $720,000 in
remaining permit and
inspection fees for
Berkeley Repertory
Theater's housing project
at 2009 Addison Street
(leaving flexibility for
timing, setting of interest,
schedule of payments,
and fund sources).

Councilmem
bers
Jesse
Arreguin,
Susan
Wengraf
2021-03-31 17:00:00 Planning Completed 2021-03-31 17:00:00 2021-03-31 17:00:00 2021-06-25 15:18:31 - James Bondi
(Additional comments)
MOU on fee deferrals
executed by COuncil in
2021, Econ. Devt lead
department./
2021-02-05 11:19:27 -
Melissa McDonough
(Additional comments)
The Planning and
Development
Department has
started to analyze the
permit service center
fund and staff are
meeting with Berkeley
Rep to discuss the
deferral referral.
2016-07-12 27 Refer to City
Manager to
Consider
Applying for
$100,000 from
the Better
Together
Resilient
Communities
Grant Program
That the City Manager
consider applying for the
$100,000 grant that
PG&E's Better Together
Resilient Communities
grant program will offer in
the beginning of 2017.

Council
member
Kriss
Worthington
2021-06-28 17:00:00 Planning Completed 2021-06-28 17:00:00 2021-06-28 17:00:00 2021-06-25 15:30:16 - James Bondi
(Additional comments)
Was in process of
completion before the
referral was made.

Completed
immediately after.
2016-05-31 22 City Manager
Referral:

Consider Adding
Energy Efficient
Equity as an
Additional
Property
Assessed Clean
Energy Program
Refer to the City Manager
to consider adding
Energy Efficient Equity as
an additional property
assessed clean energy
program.

Council
member
Kriss
Worthington
2021-06-28 17:00:00 Planning Completed 2021-06-28 17:00:00 2021-06-28 17:00:00 63

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2015-09-15 55 Referral to the
Community
Environmental
Advisory
Commission to
Install 1.8 GPM
Showerheads in
All New Housing
Projects or Any
Renovation Over
$50,000
Refer to the Community
Environmental Advisory
Commission to explore
requiring a maximum of

1.8 GPM low flow
showerheads in new
housing projects and all
housing renovations
exceeding $50,000
throughout Berkeley.

Council
member
Kriss
Worthington
2021-06-28 17:00:00 Planning Completed 2021-06-28 17:00:00 2021-06-28 17:00:00 2021-06-25 15:40:07 - James Bondi
(Additional comments)
Done at Council
7/19/16
2018-09-13 18 Adopt a
Resolution in
Support of
Appropriate City
Enforcement
Measures to
Mitigate
Damages
Resulting from
the Removal of
Trees at 1698
University
Avenue
Amended to be a referral
to the City Manager
regarding enforcement of
measures to mitigate
damage to the general
welfare of the City and
neighborhood resulting
from the damage and
subsequently-required
removal of trees at 1698
University Avenue.

Council
member
Kate
Harrison
2021-06-28 17:00:00 Planning Completed 2021-06-28 17:00:00 2021-06-28 17:00:00 2014-04-29 35 35. City Manager
Referral: Policy
for Companies
Such as Airbnb to
Pay Transient
Occupancy Tax,
as Currently Paid
by Other Small
Local Businesses
Refer to the City Manager
creation of a policy for
companies such as
Airbnb to pay the
Transient Occupancy
Tax, as currently paid by
other small local
businesses.

Council
member
City Council
District 7
Kriss
Worthington
2021-06-28 17:00:00 Planning Completed 2021-06-28 17:00:00 2014-05-02 08:00:00 2021-06-25 10:49:57 - James Bondi
(Additional comments)
Referral was never
necessary, TOT is
collected from STRs
64

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2021-09-14 39 Open
Government
Commission
Recommendation
s to City Council
Regarding
Teleconferenced
Meetings
Adopted the
recommendation from the
Mayor in Supplemental
Communications Packet
#2 to refer amendments
to Appendix C of the
Rules of Procedure to the
City Manager to bring
back to Council for
adoption.

Councilmem
bers
Jesse
Arreguin
2021-09-22 17:00:00 City Clerk Completed 2021-09-22 17:00:00 2021-09-22 17:00:00 2021-11-03 16:38:44 - Mark Numainville
(Additional comments)
See Item 7 from 10-12-
21 agenda - Item
completed
2021-09-28 0 Re-Establishing a
COVID-19
Business
Damage
Mitigation Fund
Refer to the City Manager
to re-establish the COVID
-
19 Business Damage
Mitigation Fund
in an amount up to
$50,000 to provide one-
time grants to small
businesses who
experience property
damage due to vandalism
and other problematic
behavior during
this COVID-19 local State
of Emergency. Authorize
the City Manager to
appropriate funding for
the
Mitigation Fund from
Berkeley Relief Fund
donations received
through the East Bay
Community Foundation.

Councilmem
bers
Jesse
Arreguin
2021-10-04 17:00:00 City Manager's
Office
Completed 2021-10-04 17:00:00 2021-10-04 17:00:00
65

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2018-09-13 31 Short-Term
Referral to City
Manager re:

Emergency
Standby Officers
Qualifications
Referral to the City
Manager to consider the
following suggestions for
requirements and
qualifications for
Emergency Standby
Officers and return to
Council within 90 days
with
recommendations. Possi
ble requirements may
include: -Trainings in
roles and responsibilities
to serve as a standby
officer possibly including:
ethics and workplace
harassment. -City
government experience. -
Council District residency.
-Require standby officers
to meet the same
qualifications, including
restrictions on conflict of
interest, as required in
the City Charter for City
Councilmembers. -In
addition, consider
requiring
Councilmembers to
nominate three people in
Council
member
Susan
Wengraf,
Jesse
Arreguin,
Sophie Hahn
2021-11-04 17:00:00 City Clerk Completed 2021-11-04 17:00:00 2021-11-04 17:00:00 2021-11-03 16:49:48 - Mark Numainville
(Additional comments)
Completed with Reso
68830 on 4/23/19
66

Completed Short Term Referrals
2nd Quarter 2022
Meeting
Date
Agenda
Item No.

Project Name Recommendations Referral by Referral District Sponsor Referral Commission
Original end date Lead City
Department
State Planned end date Actual end date Additional comments 2017-09-12 33 Voter Registration
Forms in All City
Buildings on Their
Main Floors
Direct the City Manager
to provide voter
registration forms on the
main floor of all
designated city buildings
that are open to the
public and in all
Community based
organizations within the
city limits. Community
based organizations that
are funded by the City of
Berkeley will be required
to pick up the voter
registration forms from
the City Clerk's Office and
that should be clearly
stated in their respective
contracts.

Council
member
Cheryl
Davila, Kate
Harrison,
Sophie Hahn
2021-11-04 17:00:00 City Clerk Completed 2021-11-04 17:00:00 2021-11-04 17:00:00 2016-12-13 29 Ordinance for
Standards for
Testing and
Certification of
DAS Antennas
Request that the City
Manager draft ordinance
language to amend
Section 16.10.100 of the
Berkeley Municipal Code
to include Standards for
Testing and Certification
of DAS Antennas and
return to the City Council
within 60 days.

Council
member
Susan
Wengraf
2022-01-03 17:00:00 City Attorney Completed 2022-01-03 17:00:00 2022-01-03 17:00:00 67

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

INFORMATION CALENDAR
September 13, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Federal Economic Relief Spending in Berkeley

INTRODUCTION
The Office of Economic Development (OED) is pleased to share how federal funding from the CARES Act and American Rescue Plan Act (ARPA) were used to support local economic recovery.

CURRENT SITUATION AND ITS EFFECTS
Since March 17, 2020, when the City of Berkeley and six Bay Area counties issued health orders for residents to stay at home (“Shelter-in-Place”), and for all but a few essential businesses to cease operations, Berkeley businesses have experienced negative impacts from the COVID-19 pandemic. In the past two and a half years, the acute phase of the pandemic has receded; all businesses are permitted to operate, and the use of effective treatments and vaccines to prevent disease and reduce severity have become widespread and available to all those over six months of age.

However, as detailed in 2020 and 2021 citywide economic dashboards published by the Office of Economic Development (OED), the pandemic has had widespread impacts on the economy overall, and more severe and prolonged impacts in certain sectors such as performing arts, tourism & hospitality, retail, and restaurants. As such, relief funding from the federal government has been designed to support small businesses (which comprise the vast majority of the Berkeley economy) and the industries in greatest need.

To support economic recovery in Berkeley, federal funding was allocated to the following:
 Low interest rate loans to Berkeley small businesses: In July 2020, the City of Berkeley’s existing Revolving Loan Fund (RLF) program was modified to accept $814,000 of Economic Development Administration (EDA) Coronavirus Aid, Relief, and Economic Security (CARES) Act recovery assistance funding.

CARES funding was used to establish a second loan fund, the COVID-19 Resiliency Loan Program (RLP), with a goal to provide low interest rate loans to

37

Federal Economic Relief Spending in Berkeley INFORMATION CALENDAR September 13, 2022

Berkeley small businesses negatively impacted by the COVID-19 pandemic. To date, RLP has provided $520,000 to 11 businesses through 11 loans. Through work with Berkeley’s Loan Administration Board, and the Federal Economic Development Administration (EDA), a sub grantee agreement was executed for a nimble certified Community Development Financial Institution, Working Solutions, to manage the fund on behalf of the city. This agreement immediately improved the experience for Berkeley’s borrowers with seamless disbursement, and the ability to make online loan payments. Additionally, $60,000 of American Rescue Plan Act (ARPA) funds were distributed to Working Solutions, to provide technical assistance and small business support to Berkeley’s RLP participants.  Grants for arts organizations & festivals: Funded by ARPA, Berkeley Arts Recovery Grants (BARG) for Organizations & Festivals provided one-time grants to all qualifying Berkeley-based nonprofit and fiscally sponsored arts organizations and festivals. BARG grants are being used to mitigate arts organizations’ economic losses from COVID-19, implement COVID-19 prevention tactics, and procure consulting and marketing services to support organizations’ future financial sustainability. In February and March 2022, 74 grant awards were dispersed totaling $1,532,345, with individual awards ranging from $3,000 to $33,000, and an average grant award amount of $20,734 per organization.
 Grants for artists and cultural practitioners: Also funded through ARPA, in May 2022, the Center for Cultural Innovation administered the Berkeley Arts Recovery Grants (BARG) for Artists & Cultural Practitioners on behalf of the City.

This grant program distributed $276,250 to 114 Berkeley-based artists, culture bearers, cultural practitioners, makers, specialized arts workers, and teaching artists. Awards ranged from $1,250 to $8,000 each and were prioritized to individuals from marginalized communities, as well as those with the highest percentage of income lost from arts and culture related-professions.  Grants for artists to create temporary public art on the theme of COVID recovery: With the remaining ARPA funds (approximately $125,000) set aside for arts community recovery, the Civic Arts Program plans to implement a second round of Berkeley Arts Works Projects (BAWP) grants. BAWP was an initiative first implemented in 2021, which provided artists financial opportunities during an economically challenging time, while also enhancing Berkeley's cultural and economic vitality through community-focused public art projects. The prior round of BAWP grants totaled approximately $200,000 and was funded through the City’s “Cultural Trust Fund” (Fund 148).
 Funding for tourism and hospitality industry marketing and advertising: In January 2022, $500,000 of ARPA funds were provided to Visit Berkeley, the city’s destination marketing organization (DMO) to support the hard-hit tourism and hospitality industries. With these funds, Visit Berkeley initiated the “Make Berkeley Your Bay Area Basecamp” digital advertising campaign, which featured ads in the AAA Northern California Digital TourBook, as well as on AAA.com, Expedia.com and Hotels.com. For all channels, ad clicks brought customers

Federal Economic Relief Spending in Berkeley INFORMATION CALENDAR September 13, 2022

looking for a place to stay in Northern California to an integrated landing page to book Berkeley lodging.1 Additionally, from May – September 2022, Visit Berkeley is participating in an advertising campaign with Visit California and Expedia called “What If You Could” featuring banner ads on Expedia.com and hotels.com that targets California and West Coast travelers looking to stay in Northern California and brings them to a dedicated landing page to book Berkeley lodging.

With the remaining ARPA funds, Visit Berkeley also plans to:
 Update and re-open their Visitor Information Center
 Create a new Berkeley tourism video and small videos on each Berkeley commercial district
 Sponsor the UC Berkeley Event Planner Certification Program  Develop a Berkeley story on TravelZoo
 Sponsor two more banner campaigns targeting meeting planners via the California Society of Association Executives monthly e-newsletter and the Meeting Professionals International weekly e-newsletter.  Do additional promotions and marketing for the Berkeley Bucks e-gift card program, which enables purchases at merchants throughout Berkeley.  Local business marketing and advertising: The #DiscoveredinBerkeley business marketing campaign was launched in 2019 to, “inspire pride among Berkeley residents and business owners alike about the amazing commercial activity happening in the neighborhoods where they live and work, encourage local shopping, raise awareness of the business services offered by the City’s Office of Economic Development and enhance Berkeley’s reputation as a good place to do business.” In May 2022, $12,500 of ARPA funding was allocated to Cityside, the publisher of the local independent online news publication, Berkeleyside, to support the creation of sponsored stories, banner ads, and graphics for social media and the DiscoveredinBerkeley.com website highlighting exceptional businesses in Berkeley. Remaining ARPA funds, in the amount of $37,500 will be spent on events, social media, and additional media channels that will greater increase local businesses’ sales, visibility in the region, reputation, and community pride.
 Equity-focused programming for the innovation sector: Berkeley Ventures, Berkeley Values was launched in 2019 to align the growth of Berkeley’s innovation sector with the community values of diversity, equity and inclusion.

Remaining ARPA funds, in the amount of $20,000 will be spent on activities that engage Berkeley startup founders, funders, and STEM industry professionals to build a local economy that benefits our entire community. Programs being explored include: STEM CareerX Day tours for Berkeley High School students at local startups and innovation companies, developing a community of practice for Berkeley investors focused on implementing diversity, equity and inclusion (DEI) best practices, and a crowdfunding pitch competition for first-time, early stage, or 1 Visit https://www.aaa.com/multimedia/Visit_Berkeley/index.html for an example of the Visit Berkeley campaign with Triple AAA.

Federal Economic Relief Spending in Berkeley INFORMATION CALENDAR September 13, 2022

underrepresented minority founders who would otherwise be lacking access to capital.
 Business success planning for worker owned cooperatives: Beginning in 2018, OED partnered with Project Equity to meet the local demand for business succession planning, and provide technical assistance to Berkeley’s businesses wishing to transition to employee ownership. Remaining ARPA funds, in the amount of $40,000 will be spent on a continued multi-year engagement with Project Equity. The funds will enable Project Equity to stay as an on-call advisor to businesses in Berkeley that want to transition to worker ownership. Project Equity’s work will also implement strategies to measure business retention risk in Berkeley on an ongoing basis.

BACKGROUND
In addition to these programs supported by federal relief packages, OED employed and supported a number of other City- and donor-funded strategies to support economic recovery throughout the course of the pandemic.
 Cash grants through the Berkeley Relief Fund to small businesses and arts organizations
 Communicating regularly on health orders and covid-19 support opportunities with impacted businesses through a variety of formats and channels, e.g. city website including downloadable signs, email, newsletters, social media, phone calls, etc.
 Creating a temporary and permanent path for businesses to set up and operate parklets and other outdoor commerce locations
 Development of the BerkeleyHolidays.com online gift guide, gift fair, and corresponding #BerkeleyHolidays social media marketing campaign  Deployment of the Berkeley Art Works Projects (BAWP) grant program, administered by OED’s Civic Arts division, to provide financial opportunities for Berkeley artists during an economically challenging time, and enhance Berkeley's cultural and economic vitality through community-focused public art projects. Grants ranged from the micro ($500) to $10,000 for larger projects. The program challenged grantees to respond to one of the following themes through their project: Public health & wellbeing, Economic recovery & resilience, Community connection & belonging. To date, the BAWP grant program has provided close to $200,000 in funding for 32 artists, performers, and community members to create temporary public art projects throughout Berkeley that bolster collective resilience and recovery from the effects of COVID-19. Installation of these projects throughout the city began in 2021 and will continue through 2022.

A map of BAWP projects can be seen here:
https://www.berkeleyartworksprojects.org/map.

Federal Economic Relief Spending in Berkeley INFORMATION CALENDAR September 13, 2022

These recovery efforts, paired with a variety of other targeted business outreach, engagement, and assistance, supports the City’s Strategic Plan, advancing our goal to foster a dynamic, sustainable, and locally-based economy.

ENVIRONMENTAL SUSTAINABILITY
Many of the City’s environmental sustainability goals are inextricably tied to the overall health of the City’s economy. Staff believes that the continued pursuit of sustainable economic goals represents a strength and source of resilience for Berkeley.

POSSIBLE FUTURE ACTION
OED staff will, as directed by Council through previous and future referral items, partner with other City departments and community partners to implement programs and policies that foster a dynamic, sustainable, and locally-based economy, and assist in economic recovery throughout 2022 and beyond.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
Actions that facilitate increased economic activity will increase revenues related to sales tax and property tax, and thus have a positive fiscal impact on the city.

CONTACT PERSON
Eleanor Hollander, Economic Development Manager, (510) 981-7536 Elizabeth Redman Cleveland, Chief Strategist, Sustainable Growth (510) 981-7532 Attachments:
1: ARPA Spending to Support Economic Recovery

Office of Economic Development
1 ARPA Spending to Support Economic Recovery

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2022 COVID-19 RLP Portfolio Active Loans
Number of RLP Loans 11
RLP $ Loaned $520,000
• July 2020 - City of Berkeley’s existing Revolving Loan Fund (RLF) program was modified to accept $814,000 of
Economic Development Administration (EDA) Coronavirus
Aid, Relief, and Economic Security (CARES) Act recovery assistance funding.
• CARES Act grant used to establish a second loan fund, the COVID-19 Resiliency Loan Program (RLP) with a goal to
provide low interest rate loans to Berkeley small
businesses negatively impacted by the COVID-19
pandemic.
• $60,000 of American Rescue Plan Act (ARPA) funds
dedicated to Working Solutions, a certified Community
Development Financial Institution to provide technical
assistance and small business support to Berkeley’s RLP participants.

Current RLP Borrowers Include
Source: Berkeley OED, January 2022
COVID-19 Resiliency Loan Program (RLP)

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2022 • 74 one-time grants,
f
unded with ARPA dollars,
to all qualifying Berkeley-
based nonprofit and arts
organizations and
festivals
• Grant amounts ranged
fr
om $3,000 to $33,000,
with an average award of
$20,734 per organization
Berkeley Arts Recovery Grants Program
Photos: BARG grantees. Berkeley Potters’ Studio
(2022) and Café Ohlone (2021).

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2022 • $275,000 in ARPA dollars made
av
ailable as grants to Berkeley-based
artists and cultural practitioners.
• Grant amounts range up to $10,000
eac
h.
• Funds administered on behalf of the
Ci
ty by the Center for Cultural
Innovation.

Berkeley Arts Recovery Grants Program
• Grant applications opened on
Ap
ril 4, 2022
• Deadline to apply was May 4,
2022
• Grant awards disbursed in May
and
June of 2022.

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2022 Berkeley Art Works Projects (BAWP)
• $200,000 provided to date to 32 artists, performers, and co
mmunity members to create temporary public art projects throughout Berkeley that bolster collective resilience and recovery from the effects of COVID-19
• Grants ranged from $500 to $10,000 for larger projects • A second round of BAWP grants will be offered in late 2022.

Photos: BWAP projects -
Moonstruck (left) and Ceci
Bowman (above).

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2022 Support for tourism industry recovery
Visit Berkeley developed a
campaign with Visit
California & Expedia
$500,00 of ARPA funds were provided
to Visit Berkeley, the city’s destination
marketing organization (DMO) to
support the hard-hit tourism and
hospitality industries.

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2022 Support for tourism industry recovery - AAA ad campaign Visit Berkeley launched the “Make Berkeley Your Bay Area Basecamp” digital advertising campaign in 2022 which featured ads in the AAA Northern California Digital TourBook as well as on AAA.com. Ad clicks brought customers looking for a place to stay in NorCal to an integrated landing page to book Berkeley lodging.

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2022 Support for tourism industry – Visit California ad campaign From May – September 2022, Visit Berkeley participated in an advertising campaign with Visit California and Expedia called “What If You Could” featuring banner ads on Expedia.com and hotels.com that targets California and West Coast travelers looking to stay in Northern California and brings them to a dedicated landing page to book Berkeley lodging.

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2022 #DiscoveredinBerkeley business marketing campaign
The 2021 campaign highlighted local businesses supporting environmental sustainability, social equity, local production, and artistic creativity.
• More than 2,750 users visited Di
scoveredinBerkeley.com(87% were new visitors)
• Instagram @DiscoveredinBerkeley achieved 650+ followers (and the uses of #DiscoveredinBerkeley exceeded 3,300) • 8 Berkeleyside articles generated 12,800+ page views & 1,000+ clicks on content within • 21 Berkeleyside banner ads generated 609k+ impressions and more than 780 clicks

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2022 Berkeley Ventures Berkeley Values
• Berkeley Ventures, Berkeley
Values (BV2) was launched in
2019 to align the growth of
Berkeley’s innovation sector
with the community values
of diversity, equity and
inclusion.
• Remaining ARPA funds will
be spent on activities that
engage Berkeley startup
founders, funders, and STEM
industry professionals to
build a local economy that
benefits our entire
community.

Pictured: A (BV2) Initiative - STEM X Career Day visit to Cell Valley Labs incubator space where about a dozen students from the Berkeley High School club of National Society of Black Engineers Jr toured the facilities and learned about fermentation, startup life, and a variety of STEM career pathways (April 2022).

CITY OF BERKELEY | OFFICE OF ECONOMIC DEVELOPMENT | 2022 Succession Planning & Worker Cooperatives
Pictured: materials from Project
Equity’s Presentation entitled,
“Berkeley as a national model for
business retention through employee
ownership
” delivered to Berkeley’s
Land Use, Housing, and Economic
Development Policy Committee (April
2022). The Local Butcher Shop opened
in Berkeley, CA in 2011 and
transitioned to employee ownership in
2021.
• OED’s continued partnership with
Project Equity will help meet the
local demand for business
succession planning; and provide
technical assistance to Berkeley’s
businesses wishing to transition
to employee ownership.
• Recovery funding will enable
Project Equity to stay as an on-call
advisor to businesses in Berkeley
that want to transition to worker
ownership, and will also help
implement strategies to measure
business retention risk in
Berkeley.

Office of Economic Development (OED)
See the OED website for past Economic Dashboards and other economic reports:
https://www.cityofberkeley.info/oed/reports/
Contact OED for more information:
[email protected]
12

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

INFORMATION CALENDAR
September 13, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Sanctuary City Contracting Compliance Report for FY 2022

INTRODUCTION
City Council adopted ordinance 7,650-N.S., which is referred to as the Sanctuary City Contracting Ordinance (SCCO), in 2019. The SCCO states that the City shall not enter into a new, amended, or extended contract or agreement with any entity that provides United States Immigration and Customs Enforcement with data broker or extreme vetting services.

Section 13.105.040 requires the City Manager to report annually regarding compliance with section 13.105.030 for the prior year. Section 13.105.030 of the Berkeley Municipal Code details the prohibition on the use of City resources.

CURRENT SITUATION AND ITS EFFECTS
The Sanctuary City Contracting Ordinance establishes the City as a leader in social responsibility. The SCCO is a Strategic Plan Priority Project, advancing our goal to champion and demonstrate social and racial equity.

Report Requirements:
(1) detail with specificity the steps taken to ensure compliance with Section 13.105.030:

City solicitations include invitations for bids (IFB), requests for proposals (RFP), and requests for qualifications (RFQ). IFB, RFP, and RFQ public postings each contain the SCCO language. Signed compliance certificates are submitted with proposals and bid responses.

New and amended contracts and agreements include the Compliance Certificate attesting review of and compliance with the SCCO. Signed certificates are required as part of the City’s contract documents.
(2) disclose any issues with compliance, including any violations or potential violations of this Ordinance:

38

Sanctuary City Contracting Compliance Report FY 2022 INFORMATION CALENDAR September 13, 2022

Motorola: BPD sought to contract with a vendor, Motorola. Motorola indicated they would not be able to sign the SCCO compliance certification attestation form required in all City contracts.

Axon: BPD sought to contract with vendor Axon for body-worn cameras. Concern was raised related to the SCCO, and that Axon may be non-compliant with the SCCO.
(3) detail actions taken to cure any deficiencies with compliance:

Motorola: BPD submitted a council item detailing the business case for leasing and use of Motorola radios, along with a request for City Council to approve a waiver of the SCCO for this agreement with Motorola. Motorola had refused to sign the SCCO certification due to concerns about its potentially broad scope.

The BPD Motorola item was discussed at the 9/28/21 Council meeting, and, following discussion, City Council approved a waiver of the SCCO via Resolution 70,052-N.S. on 10/5/21 (attached).

A complaint was brought about by a citizen group via email (attached) related to:
a. The Motorola purchase generally, such as why the City did not explore other radio manufacturers besides Motorola, and
b. That the Motorola SCCO waiver was not documented in the annual SCCO report.

Response to item a.: See the attachment with the City’s business case for continued utilization of Motorola radios, as well as the SCCO waiver.

Response to item b.: The SCCO is to be presented prior to November in order to document the SCCO activities that occurred during the prior fiscal year. City Council discussion and waiver for the lease of Motorola radios occurred in fiscal year 2022, thus the issue was drafted into this report for FY 2022 (see above and attached). Reporting on the Motorola discussion, waiver, and contract was not required to be part of the FY 2021 report, but included in the FY 2022 report.

Axon: BPD sought to contract with Axon for body worn cameras and allegations were made by the public regarding potential SCCO concerns. However, Axon submitted the SCCO form, signed by their general counsel, attesting to review of and compliance with the City’s SCCO. Thus, no Council waiver was required in order to proceed with the contract with Axon. The complaints were heard in public comments, and the item discussed and voted on by Council.

Sanctuary City Contracting Compliance Report FY 2022 INFORMATION CALENDAR September 13, 2022

No other complaints or issues related to non-compliance were brought forward in FY 2022.

BACKGROUND
This report is for FY 2022 and is hereby submitted on September 13, 2022 in advance of the November 2022 due date, and represents compliance issues with the Sanctuary City Contracting Ordinance discovered or brought forth between July 1, 2021 – June 30, 2022.

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

POSSIBLE FUTURE ACTION
This report will be submitted annually.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
None.

CONTACT PERSON
Darryl Sweet, General Services Manager, Finance, 510-981-7329 Attachments:

1. Motorola Business Case from BPD/BFD

2. Resolution 70,052-N.S. Council Waiver of SCCO

3. Complaint email string-Motorola decision and waiver report issue

4. City Council Agenda 6/21/2022 Special Meeting – Axon

5. Resolution 70,415-N.S. Axon agreement approval

1 Sweet, Darryl
From: Oyekanmi, Henry
Sent: Tuesday, April 26, 2022 12:55 PM
To: Sweet, Darryl
Cc: Roben, Josh
Subject: FW: Please Respond: Violation of Sanctuary Contracting Ordinance Internal

Darryl‐did we deal with this already? I thought we did. Any update?

From: Williams‐Ridley, Dee
Sent: Tuesday, April 26, 2022 11:45 AM
To: Bellow, LaTanya <[email protected]>; Oyekanmi, Henry <[email protected]> Cc: Brown, Farimah F. <[email protected]>
Subject: FW: Please Respond: Violation of Sanctuary Contracting Ordinance

fyi

From: Elana Auerbach <[email protected]>
Sent: Tuesday, April 26, 2022 11:23 AM
To: All Council <[email protected]>; Berkeley Mayor's Office <[email protected]>; Williams‐Ridley, Dee <DWilliams‐[email protected]>; Manager, C <[email protected]>; Auditor <[email protected]>
Subject: Please Respond: Violation of Sanctuary Contracting Ordinance

WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

YOOHOO. Is anybody out there?

Would someone please respond as to when the report described in the email below will be made public or the reason why the report is not being produced?

Thank you~
Elana Auerbach

On Thu, Mar 24, 2022 at 1:11 PM Elana Auerbach <[email protected]> wrote:

Greetings All~
It has been almost 5 months since I sent the email below that details how the city is in violation of our sanctuary contracting ordinance and the requirement to detail these violations in a written public report.

“By November 1 of each year, the City Manager shall schedule and submit to the City Council a written, public report regarding compliance with Section 13.105.030 over the previous year. At minimum, this report must (1) detail with specificity the steps taken to ensure compliance with Section 13.105.030, (2) disclose any issues with compliance, including any violations or potential violations of this Ordinance, and (3) detail actions taken to cure any deficiencies with compliance.”

2 Since last fall, I have left voice messages with both the City Manager's office and the City Attorney's office about this issue asking when the required written public report will be made available. I have made public comments at city council meetings. I have spoken to council members. And still, nothing.

When will this report be made public?

Thank you for your attention to this matter~
Elana Auerbach

On Wed, Oct 27, 2021 at 10:15 AM Elana Auerbach <[email protected]> wrote:

Dear City Manager, City Attorney, City Auditor, Mayor and Council, This email serves as an official complaint and notice of violation of section 13.105.030 of the Sanctuary Contracting Ordinance (SCO) by the City Manager and her designees. The $6.5M contract with Motorola Solutions violates the SCO as no alternatives to provide Berkeley with public safety radios were considered.

Section 13.105.030 states:

A. No officer, employee, department, board, commission, City Council, City Manager, or other entity of the City shall enter into a new, amended, or extended contract or agreement with any Person or Entity that provides ICE with any “Data Broker” or “Extreme Vetting” services as defined herein, unless a waiver is granted based on a specific determination that no reasonable alternative exists, taking into consideration the following: 1. The intent and purpose of this ordinance; 2. The availability of alternative services, goods and equipment; and 3.Quantifiable additional costs resulting from use of available alternatives.

Based on an email from a distributor of JVCKenwood P25 radios and infrastructure that was sent to all council members, the mayor and the city manager, we know that alternatives to Motorola radios exist.

Below are excerpts from the email. The email can be found in its entirety at the end of this letter.

1) You do not have to buy Motorola radios. Kenwood P25 radios are designed for and are compatible with, and already operate on systems using the P25 standard protocol and interoperate with Motorola radios, whether encrypted [or] not.

2) Unlike Motorola, BK and Harris P25 radios, ours are not sold to ICE- purchasing our radios will keep the City in compliance with your laws and rules.

3) Our radios can be equipped as a standard option with the encryption asked for by CA-DOJ to protect individual's private information, and still leave other channels ‘open’ to scrutiny.

As stated in section 13.105.040 of the SCO:
“By November 1 of each year, the City Manager shall schedule and submit to the City Council a written, public report regarding compliance with Section 13.105.030 over the previous year. At minimum, this report must (1) detail with specificity the steps taken to ensure compliance with Section 13.105.030, (2) disclose any issues with compliance, including any violations or potential violations of this Ordinance, and (3) detail actions taken to cure any deficiencies with compliance.”

We look forward to your decision that the current intent to contract with Motorola Solutions be withdrawn and/or reversed, followed by implementation of standard procedures by issuing a Request for Proposal for the City's public safety radio requirements.

Thank you for your prompt attention to this important matter.

Sincerely,
Elana Auerbach, Karl Knobler, Negeene Mosaed & Rivka Polatnick

3 From: Bill Ballowe <[email protected]>
Date: October 6, 2021 at 2:19:18 PM PDT
To:

Subject: P25 radio Venders for the City of Berkeley

Dear Councilmember,

I read the attached article about the City of Berkeley's need for additional radios and the issues being discussed about the potential vendor and would like to comment to you first in writing.

My name is William Ballowe and I am the regional manager for northern California for the P25 radios and infrastructure from the EF Johnson division of JVCKenwood. I am officed in San Ramon, CA.

I would like to quickly and easily state our position to the issues brought about in the article.

1) You do not have to buy Motorola radios. Kenwood P25 radios are designed for and are compatible with, and already operate on systems using the P25 standard protocol and interoperate with Motorola radios, whether encrypted not.

2) Unlike Motorola, BK and Harris P25 radios, ours are not sold to ICE- purchasing our radios will keep the City in compliance with your laws and rules.

3) Our radios can be equipped as a standard option with the encryption asked for by CA-DOJ to protect individual's private information, and still leave other channels ‘open’ to scrutiny.

4) It was stated in the article about this vendor, Motorola, that “practically has a monopoly on the public safety sector”. This thinking is also replicated by an investment management firm, Wedewood Partners in Motorola, earlier this year in this article: https://www.yahoo.com/now/why-motorola-msi- continues-top-165308836.html

5) If you are not familiar with your vendor and their quarterly need for banking orders and profits, I do suggest that the discount offered was not because they like you; but rather Sept 30th is the last day of the quarter for this public traded company. Indeed, Motorola has some of the oldest technology on the market at some of the highest prices. We encourage the City to obtain a quote from us before proceeding with this purchase.

Hopefully the ‘rest of the story’ will allow the Berkeley police dept to look into obtaining their compatible and fairly priced P25 radios from another vendor and stay compliant with the City’s rules and laws.

Thank you and hope to see you soon.

https://www.dailycal.org/say-no-to-waiving-berkeleys-sanctuary-contracting-ordinance/

Best Regards,

"Put us to work for you"
www.epicmarketing.co

William Ballowe l Manufacturers Representative l 3 Crow Canyon Ct., Suite 100 l San Ramon, CA l 925-552-1820 office l 925-552-1829 direct

Tuesday, June 21, 2022 ANNOTATED AGENDA Page 1

ANNOTATED AGENDA

SPECIAL MEETING OF T HE

BERKELEY CITY COUNCI L

Tuesday, June 21, 2022
4:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – LORI DROSTE

PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID -19 state of emergency continues to directly impact the ability of the members to meet safel y in person and presents imminent risks to the health of attendees. Therefore, no physical meeting location will be available.

Live captioned broadcasts of Council Meetings are available on Cable B -TV (Channel 33) and via internet accessible video stream at
http://berkeley.granicus.com/MediaPlayer.php?publish_id=1244.

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this UR L https://us02web.zoom.us/j/81179114559. If y ou do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To
join by phone: Dial 1-669-900-9128 or 1-877-853-5257 (Toll Free) and enter Meeting ID: 811 7911 4559. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the teleconference will be recorded as any Council meeting is recorded, and all other rules of procedure and decorum will apply for Council meetings conducted by teleconference or videoconference.

To submit a written communication for the City Council’s consideration and inclusion in the public record, email [email protected].

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981- 6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.