Agenda packet, first session — Berkeley City Council, September 13, 2022 (part 1 of 5)

Tuesday, September 13, 2022 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, September 13, 2022
6:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

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

PUBLIC ADVISORY: THIS MEETING WILL BE CONDUCTED EXCLUSIVELY THROUGH

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared em ergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID -19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents 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://cityofberkeley-info.zoomgov.com/j/1611765730. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen.

To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 176 5730. If you wish to comment during the public comment portion of the agenda, Press *9 and wai t 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 Ac t, 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.

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Tuesday, September 13, 2022 AGENDA Page 2

Preliminary Matters
Roll Call:

Ceremonial Matters: In addition to those items listed on the agenda, the Mayor may add additional ceremonial matters.

1. Pledge of Allegiance to the Flag

2. Adjourn in memory of Leisl Griffith Redmond, City of Berkeley Employee

3. Adjourn in memory of Neil Mayer, Former City of Berkeley Employee City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar for it to move to Action. Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

No additional items can be moved onto the Consent Calendar once public comment has commenced. At any time during, or immediately after, public comment on Information and Consent items, any Councilmember may move any Information or Consent item to “Action.” Following this, the Council will vote on the items remaining on the Consent Calendar in one motion.

For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

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

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

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Recess Items
Tuesday, September 13, 2022 AGENDA Page 3

1. Contract No. 084534-1 Amendment: NextGen Health Care Information Systems, Inc. for Electronic Health Records
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 084534-1 with NextGen Healthcare Information Systems, Inc., increasing the amount by $188,955 for a total contract value not to exceed $1,008,291 and extending the term from September 30, 2010 through June 30, 2024.

Financial Implications: See report
Contact: LaTanya Bellow, Information Technology, (510) 981-6500

2. Contract No. 31900288 Amendment: Disability Access Consultants for ADA Transition Plan
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to execute an amendment to Contract No. 31900288 with Disability Access Consultants (DAC) for Americans with Disabilities Act (ADA) Transition Plan and On-Call ADA accessibility consulting services, increasing the contract amount by $122,000 for a total not-to-exceed amount of $606,800 and extend the contract term to June 30, 2023.

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

3. Contract No. 32100194 Amendment: Bay Cities Paving & Grading, Inc. for Construction and Repairs
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 32100194 with Bay Cities Paving & Grading, Inc. for work on the Street Rehabilitation FY 2021 Project, Specification No. 21-11422-C, increasing the current contract amount by $260,000, for a total amount not to exceed $4,556,733.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Consent Calendar

4. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of July 7 (closed), July 12 (closed and regular), July 18 (closed), July 26 (special and regular) and August 3 (special).

Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900

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Consent Calendar
Tuesday, September 13, 2022 AGENDA Page 4

5. Contract: Municipal Resource Group for Addressing Impacts Resulting from Great Resignation
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract, with any amendments, with Municipal Resource Group (MRG) for professional services needed to respond to the impacts within the City as a result of the Great Resignation. Total contract direct costs will not exceed $87,675.

Financial Implications: General Fund - $87,675
Contact: LaTanya Bellow, City Manager's Office, (510) 981-7000

6. Contract No. 32100053 Amendment: Orsolya Kuti, DVM to Provide On-site Veterinary Services for Berkeley Animal Care Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32100053 with Orsolya Kuti for on-site veterinary services for Berkeley Animal Care Services, increasing the contract amount by $8,000 for a new total not to exceed amount of $228,000, and extending the contract term to September 14, 2023.

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

7. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 13, 2022
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $440,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

8. Request for Proposal for Project Homekey
From: City Manager
Recommendation: Adopt a Resolution authorizing City Manager to: 1. Release a Request for Proposals (RFP) for a Homekey Round 3 Project; and 2. Consider a reservation of up to $8.5M in General Funds collected pursuant to Measure P, and/or other funding source, to support a future Homekey project.

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

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Consent Calendar
Tuesday, September 13, 2022 AGENDA Page 5

9. Contract: Tiana Sanchez International LLC for HHCS Equity Consultant From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Tiana Sanchez International, LLC. (Contractor) to provide equity consulting services for the Department of Health, Housing and Community Services (HHCS) from October 1, 2021 to May 30, 2023 in an amount not to exceed $120,000.

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

10. Contract No. 31900043 Amendment: Kings View Professional Services for Mental Health Reporting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900043 with Kings View Professional Services to provide mental health financial reporting services through June 30, 2024 in an amount not to exceed $220,628.

Financial Implications: Mental Health Realignment-Administration Account - $57,100
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

11. Accept Future of Public Health Funds from the State of California From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit grant agreements to the State of California, to accept the grants, and to execute any resultant revenue agreements and amendments for the Future of Public Health program for an amount of $912,213 for the Fiscal Year 2023.

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

12. Donation of Painting Services from MB Jessee Painting, Inc.

From: City Manager
Recommendation: Adopt a Resolution accepting the donation of painting services and materials from MB Jessee Painting, Inc., estimated to be a value of $8,994, to paint interior areas of 1900 6th Street building in accordance with Administrative Regulation 3.19, Donations to the City from Individuals of Outside Organizations.

Financial Implications: $8,994 (Donation)
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400

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Consent Calendar
Tuesday, September 13, 2022 AGENDA Page 6

13. Contract No. 8392 Amendment: Innovative Claim Solutions (ICS) for claims administration of the City’s Workers’ Compensation Program From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to extend Contract No. 8392 with Innovative Claims Solutions (ICS) to provide third-party claims administrative services, Medicare, Medicaid, and SCHIP Extension Act (MMSEA) Section 111 Mandatory Reporting to the Centers for Medicare & Medicaid Services (CMS), for an additional term of three years from July 1, 2022 through June 30, 2025 at a decreased annual rate of $570,000 for a total contract amount of $7,393,611 for year 2023.

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

14. AHEAD, Inc: Using the California Department of General Services’ (DGS) Software Licensing Program (SLP) for Software License Purchases From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase spending authority with AHEAD, Inc. (“AHEAD”) for the purchase of Varonis software licenses and professional services, utilizing pricing and contracts, amendments, and extensions from the California Department of General Services (DGS) Software Licensing Program (SLP) increasing the amount by $71,481 for a total amount not- to-exceed $236,305, and the period beginning September 29, 2022 through September 28, 2023.

Financial Implications: IT Cost Allocation Fund - $71,481 Contact: LaTanya Bellow, Information Technology, (510) 981-6500

15. Lease Agreement: 80 (North Building), 82/84 & 90 Bolivar Drive in Aquatic Park with Waterside Workshops
From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Waterside Workshops to use the 80 (North Building), 82/84 & 90 Bolivar Drive in Aquatic Park for a lease term anticipated to begin November 1, 2022 and ending November 1, 2031.

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

16. Donation: Memorial Bench at the Cesar Chavez Park in memory of Walt and Trudee Rowson
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Cesar Chavez Park at the Berkeley Marina in memory of Walt and Trudee Rowson.

Financial Implications: $3,400 (Donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

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Consent Calendar
Tuesday, September 13, 2022 AGENDA Page 7

17. Donation: Memorial Bench at the Cesar Chavez Park in memory of Don Rothenberg
From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at the Cesar Chavez Park at the Berkeley Marina in memory of Don Rothenberg.

Financial Implications: $3,400 (Donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

18. Donation: Memorial Bench at the Indian Rock Park in memory of Dave Altman From: City Manager
Recommendation: Adopt a Resolution accepting a cash donation in the amount of $3,400 for a memorial bench to be placed at Indian Rock Park at the Berkeley Marina in memory of Dave Altman, a longtime Berkeley rock climber and a treasured member of the rock-climbing community.

Financial Implications: $3,400 (Donation)
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

19. Contract: Bellingham Inc. to Replace and Repair Docks at the Berkeley Marina From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Bellingham Inc. to repair and replace docks at the Berkeley Marina in a total amount not-to-exceed $550,000, which includes a contract amount of $480,000 and a 14.58% contingency in the amount of $70,000.

Financial Implications: Marina Fund - $550,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

20. Revenue Grant: California Office of Traffic Safety (OTS) for the 2023 “Selective Traffic Enforcement Program (STEP) Grant
From: City Manager
Recommendation: Adopt a Resolution authorizing the Chief of Police to accept the "Selective Traffic Enforcement Program (STEP)" grant and enter into the resultant grant agreement and any amendments, with the California Office of Traffic Safety.

This OTS grant is for $180,000 for the period of October 1, 2022 through September 30, 2023, which is Federal Fiscal Year 2023
Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900

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Consent Calendar
Tuesday, September 13, 2022 AGENDA Page 8

21. 2022 Vision Zero Program Grant Applications
From: City Manager
Recommendation: Adopt three Resolutions:

1. Certifying that the Berkeley Vision Zero Action Plan, the Berkeley Bicycle Plan, and the Berkeley Pedestrian Plan, collectively meet the Safe Streets and Roads for All grant program requirement for a Comprehensive Safety Action Plan.

2. Authorizing the City Manager to submit a grant application to the federal Safe Streets and Roads for All (SS4A), accept the grant awarded, and execute any resultant agreements and amendments.

3. Authorizing the City Manager to submit a grant application to the federal Reconnecting Communities Pilot Grant Program (RCP), accept the grant awarded, and execute any resultant agreements and amendments.

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

22. Red Curbs and Visible Signage
From: Disaster and Fire Safety Commission
Recommendation: The Disaster and Fire Safety Commission (“Commission” or “DFSC”) respectfully requests that Council immediately take the following remedial actions to improve emergency vehicle access and residents’ ability to evacuate in the event of a wildfire, while we await implementation of more comprehensive long-term actions such as the Safe Passages program. In identified high fire risk areas (Fire Zones 2 and 3) and in other high-risk areas, such as where hazardous chemicals are stored or used: 1. Inspect, fix or replace all parking restriction signage as necessary;

2. Red curb all fire hydrant areas to the maximum extent allowed by law; and 3.

Direct the Fire Department and Public Works to identify areas that could be pinch points for fire trucks to travel.

Financial Implications: See report
Contact: Keith May, Commission Secretary, (510) 981-3473

23. Appointment of Judy Appel to Mental Health Commission for the City of Berkeley
From: Mental Health Commission
Recommendation: Adopt a Resolution appointing Judy Appel as a representative of the Special Public Interest Category (family member), to complete her first 3- year term beginning September 14, 2022 and ending September 13, 2025.

Financial Implications: None
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400

24. Taking Action on the City of Berkeley’s Commitment to Abortion Access From: Peace and Justice Commission
Recommendation: Adopt a Resolution Taking Action on the City of Berkeley’s Commitment to Abortion Access.

Financial Implications: Staff time
Contact: Okeya Vance-Dozier, Commission Secretary, (510) 981-7100

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Council Consent Items
Tuesday, September 13, 2022 AGENDA Page 9

25. Pacific Center for Human Growth: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Mayor Arreguin (Author), Councilmember Robinson (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 per Councilmember including $1,000 from Mayor Arreguin to the Pacific Center for Human Growth, for the planning and production of a historical quilt to honor their 50th anniversary. Funds would be relinquished to the City’s General Fund for this purpose from the discretionary Council Office Budgets of Mayor Arreguin and any other Councilmembers who would like to contribute.

Financial Implications: Mayor's Discretionary Funds - $1,000 Contact: Jesse Arreguin, Mayor, (510) 981-7100

26. Ordinance Amendment: Correction to the COVID-19 Emergency Response Ordinance, BMC Chapter 13.110.

From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt the first reading of an Ordinance correcting BMC Chapter

13.110, the COVID-19 Emergency Response Ordinance, to clarify the effect of Ordinance No. 7,762-N.S. upon tenant protections that were inadvertently omitted during the last update of BMC Chapter 13.110.

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

27. Resolution in Support of High-Quality, Equitable Healthcare Services at UCSF Children’s Hospital Oakland
From: Councilmember Taplin (Author)
Recommendation: Adopt a Resolution in support of patients, nurses, doctors, caregivers and other employees at UCSF Children’s Hospital Oakland; and send resolution to the UC Board of Regents, UC Office of the President, and UCSF Health.

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

28. Berkeley Youth Alternatives (BYA) Charity Golf Classic: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds From: Councilmember Taplin (Author)
Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $200 from Councilmember Taplin, to support the 4th Annual Charity Golf Classic hosted by Berkeley Youth Alternatives (BYA).

Financial Implications: Councilmember's Discretionary Funds - $200 Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

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Council Consent Items
Tuesday, September 13, 2022 AGENDA Page 10

29. California Marriage Equality Resolution (Prop 8 Repeal) From: Councilmember Taplin (Author), Councilmember Droste (Co-Sponsor), Councilmember Wengraf (Co-Sponsor), Councilmember Kesarwani (Co- Sponsor)
Recommendation: Adopt a Resolution Urging the California Legislature to Place a Measure on the Ballot to Repeal Article I Section 7.5 of the State Constitution, a.k.a.

Proposition 8; and send copies to the Offices of the Speaker of the Assembly, Senate President Pro Tempore, and Governor.

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

30. Referral: Keep Innovation in Berkeley (Reviewed by the Land Use, Housing, & Economic Development Committee)
From: Councilmember Robinson (Author), Councilmember Taplin (Co- Sponsor), Mayor Arreguin (Co-Sponsor), Councilmember Harrison (Co- Sponsor)
Recommendation: Refer to the City Manager and the Planning Commission to consider and return to Council with Zoning Ordinance amendments, codified performance standards, and other actions to encourage the growth and retention of Research & Development (R&D) in Berkeley. Staff and the Commission should explore: 1. Naming R&D as an allowed land use in the commercial districts of Telegraph (C-T and C-C), West Berkeley (C-W), University (C-U), and Downtown Berkeley (C-DMU) with a Zoning Certificate, subject to performance standards. a.

Performance standards should regulate and mitigate potential impacts on quality of life, public health, and environmental health, such as noise, odors, fumes, vibrations, dust, light pollution, hours of operation, and disposal and storage protocols for flammable, combustible, chemical, and hazardous substances. 2. Updating the “District Purpose” sections of the MM and MU-LI districts to specifically embrace R&D. Consider doing the same for other districts where R&D is allowed, if deemed appropriate. 3. Amending R&D parking requirements in M-prefixed districts to align with Laboratory parking requirements and in C-prefixed districts, excluding C-T, to align with Manufacturing parking requirements. 4. Reviewing Berkeley Municipal Code 23.206.080 to ensure that language regulating Biosafety Level (BSL) Classes 1-4 is clear and consistent with regulations in neighboring jurisdictions and other cities that support a broad range of R&D. Consider repealing the section or amending it to permit BSL-2 in all districts where research and development facilities or laboratories are permitted. 5. Returning to Council with additional recommendations, if any, that would serve to encourage R&D in Berkeley, as determined by staff or that present themselves through the Planning Commission process.

Policy Committee Recommendation: Approve the item with a positive recommendation.

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

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Council Consent Items
Tuesday, September 13, 2022 AGENDA Page 11

31. Relinquishment of Council Office Budget Funds to the General Fund and Grant of Such Funds for the Center for Independent Living’s 50th Anniversary From: Councilmember Robinson (Author), Councilmember Bartlett (Author) Recommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including $500 each from Councilmember Robinson and Councilmember Bartlett, to the Center for Independent Living to fund a Berkeley mural project, street festival, CIL open house, three-day conference on independent living, and other activities for their 50th Anniversary.

Financial Implications: Councilmembers' Discretionary Funds - $500 Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170

Action Calendar
The public may comment on each item listed on the agenda for action as the item is taken up. For items moved to the Action Calendar from the Consent Calendar or Information Calendar, persons who spoke on the item during the Consent Calendar public comment period may speak again at the time the matter is taken up during the Action Calendar.

The Presiding Officer will request that persons wishing to speak use the "raise hand" function to determine the number of persons interested in speaking at that time. Up to ten (10) speakers may speak for two minutes. If there are more than ten persons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker. Speakers are permitted to yield their time to one other speaker, however no one speaker shall have more than four minutes. The Presiding Officer may, with the consent of persons representing both sides of an issue, allocate a block of time to each side to present their issue.

Action items may be reordered at the discretion of the Chair with the consent of Council.

Action Calendar – Old Business

32. Surveillance Technology Report, Surveillance Acquisition Report, and Surveillance Use Policy for Automatic License Plate Readers (Continued from July 26, 2022. Item contains revised and supplemental materials) From: City Manager
Recommendation: Adopt a Resolution accepting the Surveillance Technology Report, Surveillance Acquisition Report, and Surveillance Use Policy for Automatic License Plate Readers submitted pursuant to Chapter 2.99 of the Berkeley Municipal Code.

Financial Implications: None
Contact: Jennifer Louis, Police, (510) 981-5900; LaTanya Bellow, City Manager's Office, (510) 981-7000

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Action Calendar – New Business
Tuesday, September 13, 2022 AGENDA Page 12

33. An Ordinance Repealing Chapter 12.76 of the Berkeley Municipal Code and Repealing Ordinance 7643-NS.

From: City Manager
Recommendation: Adopt first reading of an ordinance repealing Chapter 12.76 of the Berkeley Municipal Code and repealing Ordinance 7643-NS.

Financial Implications: None
Contact: Farimah Brown, City Attorney, (510) 981-6950, Dee Williams-Ridley, City Manager, (510) 981-7000, Paul Buddenhagen, City Manager's Office, (510) 981- 7000

Council Action Items

34. Equitable Safe Streets and Climate Justice Resolution (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee) From: Councilmember Taplin (Author)
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: Send the item to Council with a positive recommendation.

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

35. Efficiency Unit Ordinance (Reviewed by the Land Use, Housing, & Economic Development Committee)
From: Councilmember Taplin (Author), Councilmember Robinson (Co- Sponsor)
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: Approve the item with a positive recommendation.

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

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Information Reports
Tuesday, September 13, 2022 AGENDA Page 13

36. City Council Short Term Referral Process – Quarterly Update From: City Manager
Contact: Mark Numainville, City Clerk, (510) 981-6900

37. Federal Economic Relief Spending in Berkeley
From: City Manager
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

38. Sanctuary City Contracting Compliance Report for FY 2022 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300

39. Environment and Climate Commission 2022 Work Plan
From: Environment and Climate Commission
Contact: Billi Romain, Commission Secretary, (510) 981-7400

40. Planning Commission Fiscal Year 2022-23 Work Plan
From: Planning Commission
Contact: Alene Pearson, Commission Secretary, (510) 981-7400

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

Archived indexed video streams are available at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas.

Channel 33 rebroadcasts the following Wednesday at 9:00 a.m. and Sunday at 9:00 a.m.

Communications to the City Council are public record and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications via U.S. Postal Service to the City Clerk Department at 2180 Milvia Street. If you do not want your contact information included in the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at https://berkeleyca.gov/.

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Tuesday, September 13, 2022 AGENDA Page 14
Agendas and agenda reports may be accessed via the Internet at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be read at reference desks at the following locations:

City Clerk Department - 2180 Milvia Street, First Floor Tel: 510-981-6900, TDD: 510-981-6903, Fax: 510-981-6901 Email: [email protected]

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

To request a disability-related accommodation(s) to participate in the meeting, including auxiliary aids or services, please contact the Disability Services specialist at (510) 981-6418 (V) or (510) 981-6347 (TDD) at least three business days before the meeting date.

Captioning services are provided at the meeting, on B-TV, and on the Internet. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on September 1, 2022.

Mark Numainville, City Clerk

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

Vision 2050

1. Ben Gerhardstein, on behalf of Walk Bike Berkeley, North Berkeley Now, Bike East Bay and BNHCA.

Berkeley Marina Area Specific Plan (BMASP)/Cesar Chavez Park

2. Emily Galpern

3. Masha Gutkin

4. Sandy Emerson

5. Daniel Larlham

6. Luke Bailey

7. Garril Page

8. Sandra Blair

9. Kathleen McLauglin

10. David Mandel

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Tuesday, September 13, 2022 AGENDA Page 15

11. Roberta Wyn

12. Meryl Siegal

13. Tro Vatro

14. Wini Williams

15. Miranda Morris

16. Shoshana Uribe (2)

17. Linda Karr

18. Morissa Zuckerman

19. Cynthia Gould

20. Judy Grether

21. Charlene Woodcock

22. Nicole Bloom

23. Kerna Trottier

24. Tamara Birdsall

25. Katya Gerwein

26. Remi Omodele

27. Mary Behm-Steinberg

28. Wanda Warkentin

29. Elsa Tranter

30. Gail Mandella

31. Majid Ghojjeh

32. Bill Reynolds

33. Dorothea Dorenz

34. Ingrid Crickmore

35. Stacey Singleton

36. Yvette Bozzini

37. Barbara Haber

38. Ryan Hart

39. Garril Page

40. Doug Dohrer

41. Barbara Li Santi

42. Susan Griffin

43. Irene Jung-Huang

44. Nancy Newman

45. Elizabeth Rood

46. Ric Keeley

47. Steve Tracy

48. Ken and Silvana Blum

49. Nancy Hormachea

50. Gail Harrison

51. Judy Ballinger

52. Deborah Scott

53. Eric Naiman

54. Gina Hassan

55. David Wallin

56. Sally Nelson

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Tuesday, September 13, 2022 AGENDA Page 16

57. Laurie Lenrow

58. Summer Brenner

59. Erica Roberts

60. Sarah Elzea

61. Ernest Isaacs

62. Bob Schildgen

63. Tamar Oppenheimer

64. Chloe Chaundhry

65. Gillian Heather Geller

66. Francie Shaw

67. Lesli Salzinger

68. Susan Gluss

69. Jack Kurzweil

70. Suzanne Pegas

71. Peter Gleick

72. Herb Schwartz

73. Tobey Wiebe

74. Jean Tepperman

75. Bruce Bagnell

76. Tracey Cosgrove

77. Hannah Meara

78. Margot Smith

79. Kathleen Evans

80. Leslie Sakai

81. Stefani Berger

82. Gael Alcock

83. Wini Williams

84. Shantee Baker

85. Sarah Daniels

86. Melissa Hayes

87. Anne Rowe

88. Nicole S.

89. Shahryar Muzaffar

90. Joan Wheeler

91. Leigh Lightfoot

92. Alex Nguyen

93. Daniel Larlham

94. Kat Schaaf

95. Kelly Hammargren

96. Maureen Fitzgerald

97. Esther Brass

98. Alexandre Chorin

99. Meryl Siegal
100. Maureen Daggett
101. Robert Bloomberg (2)
102. Katharine Carrillo

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Tuesday, September 13, 2022 AGENDA Page 17
103. Ilse Eden
104. Dan Slobin
105. Arthur Braufman
106. Mimi Moungovan
107. Feleciana Feller
108. Ken Krich
109. John Porter
110. Jonathan Newman
111. James McGrath
112. Sarah Van Cleave
113. Leah Shelleda
114. Collette Tureene
115. Maxina Ventura
116. Shoshana Dembitz
117. Martin Nicolaus (Book – Love Letters to the Park)
118. Janine Brown
119. Sally Francis
120. Alan McCornick
121. Kit Robinson
122. Riley Taylor
123. Randy Marks
124. Susan Oppie
125. 6 similarly-worded form letter (I greatly appreciate) 126. 28 similarly-worded form letters ((I am one of the rapidly)

Fishing at the Berkeley Waterfront: What is it Worth? – A Draft Summary Report 127. San Francisco State University

IKE Kiosks
128. Dahlia Armon
129. Todd Andrew (2)
130. Jane Tierney
131. Linda Press Wulf
132. Soula Culver
133. Annie Barrows
134. Margit Roos-Collins
135. Wini Willaims
136. Stephanie Thomas
137. Clay Collett
138. Maxina Ventura
139. Bruce Brody and Lin Druschel
140. Morgan Read
141. Margot Smith
142. Susan Boat
143. Kieron Slaughter (2)

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Tuesday, September 13, 2022 AGENDA Page 18
144. Luma Corte, on behalf of Fourth Street Merchants
145. Patricia Zambryski
146. Janice Murota (2)
147. Constance Anderson
148. Zipporah Collins
149. Joseph Klems
150. David Bullitt, on behalf of Heroic Italian Restaurant 151. Karen Rusiniak
152. David Ndeto, on behalf of TCHO Chocolate
153. Jack Lavac, on behalf of Visit Berkeley & Berkeley Film Office 154. Donald Rothberg
155. James Lerager

Temporary Suspension of the Use of Tear Gas, Smoke and Pepper Spray, Associated with the Protest at People’s Park
156. Jack Kurzweil
157. Eric Friedman
158. Ron Jacobs
159. Metztli Hamelius
160. Lily Colby
161. Gerard Jamin
162. Hali Hammer
163. Terri Compost
164. Carol Denney
165. Summer Brenner
166. Sarah Cadorette
167. Tobey Wiebe
168. Russell Lee
169. Thomas Luce
170. Zepatitis B
171. Yadi
172. Maryann O’Sullivan
173. Gabe Gartland
174. Nathan Sweet
175. Juliet Lee
176. Emilio Fentanes
177. Sheila Goldmacher
178. John Selawsky
179. Anne-Lise Francois
180. Phoebe Anne Sorgen
181. Alissa Weber
182. Jan Ruchlis
183. Sara Antunovich
184. Melanie Lawrence
185. Councilmember Harrison (2)
186. Martina Reaves

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Tuesday, September 13, 2022 AGENDA Page 19
187. Anna Tseselsky
188. Alan Haber
189. Toby Blome
190. Maxina Ventura
191. Tom Pache
192. Wendy Alfsen
193. Margaret Pritt
194. Adele and David Crady
195. Vicki Young
196. Glenda Pawsey
197. Ken Kratz
198. Anya Worley-Ziegmann
199. Sharon Gillars
200. K.B. Townsend
201. Amy Eden
202. Robert Feuer
203. Rachel Jamison
204. Sarena Kuhn
205. Karly Stark
206. AJ Schaerer
207. Ashe DeLong
208. Justin Lee
209. Sydney Selix
210. 29 similarly-worded form letters (Hello, my name is)

Save People’s Park
211. Diana Bohn
212. James Mattson
213. Chrissy Hoffman
214. Derek Gaither
215. Lavell Young (2)
216. Paul Lee
217. Blair Beekman
218. Keith Nickolaus
219. Patricia Maud Engel
220. Bryan Graham
221. Ken Kratz
222. Terri Compost

Wildfire Safety
223. David Schindler
224. Henry DeNero, on behalf of the Hillside Association of Berkeley and it’s Hillside Fire Safety Group (2)
225. Bruce Brody
226. Suzi Peterson and Alan Sher
227. David Sprague

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Tuesday, September 13, 2022 AGENDA Page 20
228. Sondra Schlesinger

Park Usage Fees - Kite Festival, S.F. Mime Troupe, et al 229. Eric Friedman
230. Judith Thomas
231. Sally Nelson
232. Gael Alcock
233. Esfandiar Imani
234. Summer Brenner
235. Jill Schalet
236. Louise Kimball
237. Susan Ashworth
238. Barbara Ancher
239. Rafael Gonzalez
240. Wini Williams

Youth Commission
241. Cecilia Lunaparra
242. 21 similarly-worded form letters

Warrantless Searches/BPD Policy 311
243. Jennifer Wilks
244. Alexandra Mitnick
245. T.C Shu
246. Li Shu
247. David T.
248. Gary Amado
249. Billy McDonald
250. Iris Hagen Ratowsky
251. Thomas Luce
252. Summi Kaipa
253. Betty Kano

Shellmound
254. Stephanie Manning
255. Richard Schwartz (2)
256. Peter Walker
257. David Lutes
258. California Norma
259. Linda Newton
260. Elana Auerbach
261. John Curl
262. Jyl Lutes
263. Christy Fischer, on behalf of Trust for Public Land 264. Sylvie Woog

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Tuesday, September 13, 2022 AGENDA Page 21
Hopkins Corridor
265. George Porter, on behalf of Commission on Aging
266. Bob Flasher (2)

E-Bikes
267. Fredda Cassidy
268. Jeff Hoover
269. Julie Elis
270. Robert Byler

Housing Element
271. Kendra Ma, on behalf of TranForm
272. Ellen Lake, on behalf of the Kala Art Institute
273. Harvey McKeon
274. North Berkeley Now Housing and Climate Action
275. Sophia DeWitt, on behalf of East Bay Housing Organization

Junior Jackets Sports Team Asked To Leave San Pablo Park 276. Moni Law (2)
277. Angela Jernigan
278. Sheila Jordan
279. Jr Jackets

Tenants Opportunity to Purchase Act (TOPA)
280. 12 similarly-worded form letters
Pedestrian Safety
281. Wende Micco
282. Roger Hallsten
283. Rachel Bradley
284. Robin Kirby

Bio Lab/Bayer
285. Berkeley Neighborhood Council
286. Dana Perls, on behalf of Friends of the Earth

COVID-19, Monkeypox, Vaccinations and Masks
287. Marilyn Kaplan (2)
288. Anne McClintock

Harriet Tubman Terrace
289. Libby Lee-Egan and Mari Mendonca

Joining the Department of Housing and Community Development (HCD) Lawsuit 290. Susan Candell

Crime

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Tuesday, September 13, 2022 AGENDA Page 22
291. Katya Stoakes
292. Alex Merenkov
293. Isobel Dozier

Shattuck Cinemas
294. Charlene Woodcock

BART Development
295. Jean Peters
296. Malea Raffetseder

Toxic Pesticides
297. Maya Cohen

SB 9
298. Dorothy Berndt

Golden Duplex
299. Henry Caro

Unresolved City Matter – Closing Business License
300. Bill Creasi

CalPERS Bills Going Up
301. Eric Lerman

Union Pacific Railroad
302. Robert Kroll

Rat Birth Control
303. Andie Grace
304. Tony Benado

Telegraph Avenue is an Eyesore
305. Joann Philbin

Property Tax Exemption for Nonprofits
306. Barbara Gilbert

Toxic Waste Disposal
307. David Lerman

1598 University Avenue Planned 8-Story Building
308. Bill Kristy

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Tuesday, September 13, 2022 AGENDA Page 23
Homelessness
309. Mike Palmer

Bond Measure L
310. Geoff Lomaz (3)
311. Henry Oyekanmi

West Berkeley Budget Priorities
312. 4 similarly-worded form letters

Rent Control
313. Bryce Nesbitt

Affordable Housing
314. Ann Campbell

EDI to Phase Out Bowel and Bladder Care
315. Tamar Michai Freeman

City of Berkeley Corruption
316. Walter Wood

Teaching BUSD Kids To Swim
317. David Lerman
Recruit Solano Avenue BID Advisory Board Members
318. Todd Andrew

Incessant Dog Barking
319. Norma J F Harrison

Misuse of jessearreguin.com Website
320. David Lerman

Underground Wiring on Eton Avenue
321. Fredora H. Darmstadt

Restoring Bus Service
322. Marilyn Sagna
323. Ika Simpson

5G Cell Towers
324. Omowale Fowles

Natural Gas Ban in Berkeley
325. Stella Kim

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Tuesday, September 13, 2022 AGENDA Page 24
No Whites Allowed – POC House
326. Janice Barton

Public Financing
327. Omowale Fowles
328. Catherin Huchting

Measure P
329. Joel Libove

Covid Eviction Moratorium
330. Daniel Lorence

Things I Miss About Berkeley
331. M.E. Lawrence

Car-Free Berkeley
332. Ken Stein

University Campus Police Department
333. Carol Denney

Electric Vehicle Charging Stations Infrastructure
334. David Lerman
Genetically Modified Mosquitoes
335. David Luz

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

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

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

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

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

RECESS ITEM

CONSENT CALENDAR
September 13, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: LaTanya Bellow, Deputy City Manager
Subject: Contract No. 084534-1 Amendment: NextGen Health Care Information Systems, Inc. for Electronic Health Records

RECOMMENDATION
Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 084534-1 with NextGen Healthcare Information Systems, Inc., increasing the amount by $188,955 for a total contract value not to exceed $1,008,291.20 and extending the term from September 30, 2010 through June 30, 2024.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS The action to amend the contact during recess was required to assure resources by the vendor for a pertinent and necessary network upgrade in October 2022. This essential upgrade will include features to support mental health service provision which is a key service for the City. If we did not enter into the amended contract, we would experience an indeterminately extended delay in applying critical functionality for mental health service provision.

FISCAL IMPACTS OF RECOMMENDATION
Funds for additional professional services and software maintenance, in the amount of $188,955, will be available in the Department of Health, Housing, and Community Services’ FY2023 and 2024 General Fund budget as itemized below. Spending for this contract in future fiscal years will be subject to Council approval of the proposed citywide budget and annual appropriation ordinances.

FY 2023: Professional Services
Budget Code: 011-51-506-555-0000-000-451-612990
$98,675 (General Fund, HHCS, Professional Services)
FY 2023: Software Maintenance
Budget Code: 011-51-506-555-0000-000-451-613130$40,778
(General Fund, HHCS, Software Maintenance)
$139,453 FY 2023 Subtotal: Professional Services and Software Maintenance

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Contract No. 084534-1 Amendment: NextGen Health Care Information CONSENT CALENDAR September 13, 2022

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FY 2024: Software Maintenance
Budget Code: 011-51-506-555-0000-000-451-613130$49,502
(General Fund, HHCS, Software Maintenance)
$49,502 FY 2024: Subtotal: Professional Services & Software Maintenance

CURRENT SITUATION AND ITS EFFECTS
The Public Health Division utilizes the HIPAA-compliant NextGen Practice Management (PM) and Electronic Health Record (EHR) System to manage secure patient health information and to streamline related business processes, including integrated electronic claiming and remittance files. The system has been upgraded to include: ePrescribing; a Quest Laboratory Tests and Results interface; an Immunization Registry Interface with the State CAIR2 system; NGShare for secure referrals and communication with other providers; and custom grant reporting modules.

We recently implemented NextGen system changes to support and bill for Telehealth services which are delivered without face to face encounters at City facilities. This is critical during the COVID-19 pandemic. The NextGen PM-EHR system has also been upgraded to produce the Berkeley High School Health Center Grant Data that replaced manual data entry with a secure export of files to an external grant reporting system.

The NextGen PM-EHR system was certified to manage Meaningful Use Reporting.

Medicare and Medicaid Programs have provided financial incentives for the Meaningful Use of certified EHR technology to improve patient care which qualified the City to collect $437,750 during the past few years in incentives through Meaningful Use Reporting.

This Contract Amendment provides licensing and maintenance services through Jun 30, 2024 and it provides NextGen Professional Services in order to implement the following critical components:
 NextGen PM-EHR System 6.2021 Upgrade;
 Behavioral Health Module 4.5 Consulting, Training and Implementation;  Administration and Configuration Training for IT;
 Implementation of the new Patient Portal;
 Implementation of an integrated Medication Inventory Module;  New Template development for First Aide services and retrofitting of software items to accommodate the major system upgrade.

BACKGROUND
In September 2010, City Council approved a contract with NextGen Healthcare

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Contract No. 084534-1 Amendment: NextGen Health Care Information CONSENT CALENDAR September 13, 2022
Information Systems, Inc. to implement the PM and EHR system.

On June 2 8, 2011, Coun cil appro ved a contract ame ndment with NextGen fo r data conversion and additional training and implementation support.

In August 2011, the City implemented the
NextGen Practice Management (PM) Module,
including electronic billing, at three Berkeley Public Health Clinics.

In June 2013, the City implemented NextGen’s Electronic Health Record (EHR).

On July 2, 2013, Council approved a contract amendment with NextGen Healthcare Information Systems, Inc. for an Immunization Registry interface, for additional software licensing, and for three additional years of maintenance services (through FY 2016).

On July 14, 2015, City Council approved a contract amendment with NextGen Healthcare Information Systems, Inc. for the Patient Portal and for two additional years of software licensing and maintenance services (through FY 2018).

On June 26, 2018, City Council approved a contract amendment with NextGen Healthcare Information Systems, Inc for two additional years of software licensing and maintenance services.

On February 23, 2021, City Council approved a contract amendment with NextGen Healthcare Information Systems, Inc and for two additional years of software licensing and maintenance services.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The system replace s pape r-based processes w ith secure onli ne tools, which reduces paper consumption, mailings, and the need for Public Health patients to travel to clinics for routine information. In add ition, the system supp orts electronic data exchange with other healthcare providers and produces electronic
data for claims and grant reporting.

The system operates on a virtual infrastructure thus reducing the City’s carbon footprint.

RATIONALE FOR RECOMMENDATION
NextGen Inc. is a market leader in clinical software and is designated by the Centers for Medicare and Medicaid Services (CMS) as meeting federal requirements for Meaningful Use of Electronic Health Record (EHR) technology. The system supports Clinics in compliance with the Health Insurance Portability and Accountability Act (HIPAA), which outlines the privacy and security standards for health patient information

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Contract No. 084534-1 Amendment: NextGen Health Care Information CONSENT CALENDAR September 13, 2022

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ALTERNATIVE ACTIONS CONSIDERED
Staff considered implementing and maintaining the PM-EHR system without vendor services. However, the risk of maintaining such a complex application without specialized support is too high, especially given the impact on Public Health services and workflow.

CONTACT PERSON
Debra Montgomery, Information Systems Manager, Department of Information Technology, 510-859-6755
Attachments:
1: Resolution

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

CONTRACT NO. 084534-1 AMENDMENT: NEXTGEN HEALTH CARE
INFORMATION SYSTEMS INC. FOR ELECTRONIC HEALTH RECORDS
WHEREAS, the NextGen Practice Management (PM) and Electronic Health Record (EHR) System has provided a reliable and HIPAA-compliant system for collecting health patient information; and
WHEREAS, the NextGen Practice Management (PM) and Electronic Health Record (EHR) System has improved the efficiency of Public Health clinic operations and resulted in increased revenue; and
WHEREAS, the NextGen Practice Management (PM) and Electronic Health Record (EHR) System is a CMS-certified Electronic Health Record (EHR) technology, meets the requirements for achieving EHR Meaningful Use measures, and sets the stage to qualify for further American Recovery and Reinvestment Act (ARRA) incentive dollars through the State; and
WHEREAS, a software maintenance and support agreement with NextGen Healthcare Information Systems, Inc. is necessary for system updates; and WHEREAS, additional funding in the amount of $188,955 is available in the Department of Health, Housing, and Community Services’ FY2023 and 2024 General Fund budget, and this contract amendment has been entered into the Citywide contract database and assigned contract number 084534-1, and spending for this contract in future fiscal years will be subject to Council approval of the proposed citywide budget and annual appropriation ordinances.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 8460E with NextGen Healthcare Information Systems, Inc., increasing the amount by $ 188,955 for a total contract value not to exceed $1,008,291.20 and extend the term from September 30, 2010 through June 30, 2024.

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Office of the City Manager

RECESS ITEM

CONSENT CALENDAR
September 13, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: Contract No. 31900288 Amendment: Disability Access Consultants for ADA Transition Plan

RECOMMENDATION
Adopt a Resolution ratifying the action taken by the City Manager during recess to execute an amendment to Contract No. 31900288 with Disability Access Consultants (DAC) for Americans with Disabilities Act (ADA) Transition Plan and On-Call ADA accessibility consulting services, increasing the contract amount by $122,000 for a total not-to-exceed amount of $606,800 and extend the contract term to June 30, 2023.

NEGATIVE EFFECTS IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS The Disability Services Specialist responsible for overseeing the ADA Transition Plan has resigned and the City requires additional consultant support to help ensure continuity in these services and that the ADA Transition Plan stays on track.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the duration of the contract amendment is available in the FY 2023 Public Works budget in the Capital Improvement Fund (501-54-624-698-0000-000-431-665110) via the approval of the First Amendment to the Annual Appropriations Ordinance.

Current contract amount................................................................................$484,800 Amended contract amount ............................................................................$122,000 Total NTE $606,800

CURRENT SITUATION AND ITS EFFECTS
Disability Access Consultants (DAC) is currently under contract to survey all city facilities, parks, streets, websites, and programs to help create a new ADA Transition Plan and to address urgent accessibility issues and concerns.

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The contract amendment and proposed increase of $122,000 will also allow the consultant to provide critical and time-sensitive services such as evaluating and responding to public grievances and ADA accommodation requests, and providing accessibility reviews of plans and policies as needed until the City can backfill the Disability Services Specialist position.

BACKGROUND
The City’s ADA Transition Plan has not been updated in almost twenty years. This is a plan required by the ADA to transition local governments from ADA noncompliance to ADA compliance, and the update is strongly encouraged. In July 2019, after a competitive Request for Proposals process, the City entered into a contract with DAC to work on creating an ADA Transition Plan, including surveying all City streets, parks, programs, facilities, and the website. The plan will be a multi-year approach to memorialize the City’s ongoing commitment to ADA accessibility and prioritize funding and resources based on comprehensive data and community feedback. The plan is also expected to improve pedestrian safety, reduce liability, and provide information to better guide our capital improvements.

On April 27, 2021, by Resolution No. 69,823 – N.S. City Council authorized an amendment with DAC, increasing the contract by $78,200 for a revised total not to exceed amount of $484,800 and extending the contract term to June 30, 2022, for surveying of additional City sidewalks and to address urgent accessibility issues and concerns.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
ADA accessibility benefits many pedestrians including but not limited to people with disabilities, seniors, and parents with strollers and small children. Such improvements encourage the use of public transportation and travel without cars, thus reducing greenhouse gases and other negative impacts of driving.

RATIONALE FOR RECOMMENDATION
Due to the depletion of the contract budget, additional funding is needed to complete the ADA Transition Plan including addressing ADA compliance. An urgent need also exists for ADA services due to a recent vacancy.

ALTERNATIVE ACTIONS CONSIDERED
The City could issue a new request for proposals to complete the needed work, but doing so would interrupt continuity of services provided by the departed Disability Services Specialist and put the ADA Transition Plan off track.

CONTACT PERSON
Andrew Brozyna, Deputy Director, Public Works, (510) 981-6396 Attachment:
1: Resolution

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

CONTRACT NO. 31900288 AMENDMENT: DISABILITY ACCESS CONSULTANTS

FOR ADA TRANSITION PLAN
WHEREAS, the City of Berkeley complies with Americans with Disabilities Act and related State and Federal laws; and
WHEREAS, On July 3, 2019, after a competitive Request for Proposals process, the City of Berkeley entered into a contract (Contract No. 31900288) with Disability Access Consultants (DAC) to survey the City facilities, sidewalks, programs and website and help create a new ADA Transition Plan; and
WHEREAS, on April 27, 2021 by Resolution No. 69,823 – N.S. City Council authorized an amendment with DAC, increasing the contract by $78,200 for a revised total not to exceed amount of $484,800 and extending the contract term to June 30, 2022 for surveying of additional City sidewalks and to address urgent accessibility issues and concerns; and
WHEREAS, amending the contract will allow staff to complete a new ADA Transition Plan; and provide urgent On-Call ADA services while the City’s Disability Services Specialist vacancy is backfilled, and
WHEREAS, funding for the duration of the contract amendment will be available in the FY 2023 Capital Improvement Fund budget via the approval of the First Amendment to the Annual Appropriations Ordinance.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager to execute an amendment to Contract No. 31900288 with Disability Access Consultants for ADA Transition Plan increasing the contract amount by $122,000 for a total not-to-exceed amount of $606,800 and extend the contract term to June 30, 2023.

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RECESS ITEM

CONSENT CALENDAR
September 13, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Contract No. 32100194 Amendment: Bay Cities Paving & Grading, Inc. for construction and repairs

RECOMMENDATION
Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 32100194 with Bay Cities Paving & Grading, Inc. for work on the Street Rehabilitation FY 2021 Project, Specification No. 21-11422-C, increasing the current contract amount by $260,000, for a total amount not to exceed $4,556,733.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS Amending this construction contract will allow Bay Cities Paving & Grading, Inc. to proceed with landslide repairs and the construction of a retaining wall along Wildcat Canyon Road. It is critical that repairs and construction begin as soon as possible so that the slope repairs and new and repaired retaining walls are in place before the upcoming rainy season. Delaying this contract amendment until after Council recess would extend the construction period into the wet season and lead to an increased risk of structural failure.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this contract amendment is available from the FY 2023 Street Capital Program as follows:

Capital Improvement Fund (501-54-623-673-0000-000-431-665110) $260,000 No other funding is required and no other projects will be delayed due to this expenditure.

CURRENT SITUATION AND ITS EFFECTS
Several locations along the side of Wildcat Canyon Road experienced landslides due to storms during the 2021-2022 rainy season. These landslides affected the stability of slopes and existing retaining walls that support the roadway at four locations. It is

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Contract No. 32100194 Amendment: Bay Cities Paving & Grading, Inc. CONSENT CALENDAR September 13, 2022

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recommended that these repairs be performed before the next rainy season so that any further rains do not worsen the situation and lead to failure of the walls and roadway.

BACKGROUND
On April 27, 2021, Council authorized Contract No. 32100194 with Bay Cities Paving & Grading, Inc. for the Street Rehabilitation FY 2021 Project in an amount not to exceed $4,296,733. In order to perform the landslide and retaining wall repairs on Wildcat Canyon Road, an amendment is needed to increase the contract authority for the Street Rehabilitation FY 2022 Project to $4,556,733.

The provided services will support the Strategic Plan goal of providing state-of-the-art, well-maintained infrastructure, amenities, and facilities.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The repair work includes storm system improvements which will not only maximize the lives of the retaining walls but also reduce erosion of the hillside. Reduced erosion protects water quality by reducing sediments entering the storm drain system.

RATIONALE FOR RECOMMENDATION
Bay Cities Paving & Grading, Inc. is currently under contract with the City. It is practical and cost-effective to amend the contract with Bay Cities Paving & Grading, Inc. for the work on Wildcat Canyon Road. Contracted services are required as the City does not have the in-house expertise to complete this specialized work.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered for this work. Failure to repair and construct the retaining walls would result in continued degradation and eventual failure placing public infrastructure at risk.

CONTACT PERSON
Farid Javandel, Deputy Director, Public Works, 981-7061 Joe Enke, Manager of Engineering, Public Works, 981-6411 Attachment:
1: Resolution

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

CONTRACT NO. 32100194 AMENDMENT: BAY CITIES PAVING & GRADING, INC.

WHEREAS, there is a need for landslide and retaining wall repair work on Wildcat Canyon Road that should be performed before the rainy season; and WHEREAS, the City has neither the labor nor the equipment necessary to undertake this construction work; and
WHEREAS, on April 27, 2021 by Resolution 69,817-N.S., the City Council authorized Contract No. 32100194 with Bay Cities Paving & Grading, Inc. in an amount not to exceed $4,296,733 for work on the Street Rehabilitation FY 2021 Project, Specification No. 21-11422-C; and
WHEREAS, funds are available from the Capital Improvement Fund (501-54-623-673- 0000-000-431-665110) in the FY 2023 budget.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager to execute an amendment to Contract No. 32100194 with Bay Cities Paving & Grading, Inc. for work on the Street Rehabilitation FY 2021 Project, Specification No. 21-11422-C, increasing the current contract amount by $260,000, for a total amount not to exceed $4,556,733. A record signature copy of the agreement and any amendments to be on file in the Office of the City Clerk.

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CONSENT 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: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of July 7 (closed), July 12 (closed and regular), July 18 (closed), July 26 (special and regular) and August 3 (special).

CONTACT PERSON
Mark Numainville, City Clerk, 981-6900
Attachments:

1. July 7, 2022-Closed Council Meeting

2. July 12, 2022-Closed Council Meeting

3. July 12, 2022-Regular Council Meeting

4. July 18, 2022-Closed Council Meeting

5. July 26, 2022-Special Council Meeting

6. July 26, 2022-Regular Council Meeting

7. August 3, 2022 Special Council Meeting

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Thursday, July 7, 2022 MINUTES Page 1

M I N U T E S

BERKELEY CITY COUNCIL SPECIAL MEETING
THURSDAY, JULY 7, 2022
4:30 P.M.

JESSE ARREGUIN, MAYOR
Councilmembers:

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

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/81831321606. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To 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); enter Meeting ID: 818 3132 1606.

If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

Attachment 1

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Thursday, July 7, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 4:31 p.m.

Present: Droste, Hahn, Harrison, Kesarwani, Robinson, Taplin, Wengraf, Arreguin

Absent: Bartlett
Public Comment - Limited to items on this agenda only – None.

CLOSED SESSION:

The City Council will convene in closed session to meet concerning the following:

1. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
Property address: Berkeley Inn 1720 San Pablo Ave, Berkeley, California Agency Negotiators: Dee Williams-Ridley, City Manager; Paul Buddenhagen, Deputy City Manager; Peter Radu, Assistant to the City
Manager
Negotiating parties: City of Berkeley & Pravin Patel Property owner: Ganga Holdings, LLC
Under negotiation: Price and terms
Property address: 1250-1288 9th Street, Berkeley, California Agency Negotiators: Dee Williams-Ridley, City Manager; Paul Buddenhagen, Deputy City Manager; Keith May, Acting Deputy Fire Chief; Dionne Early, Community Development Project Coordinator – PW Real Property Negotiating parties: City of Berkeley & Smith and Walters, Inc Property owner: Smith and Walters, Inc.

Under negotiation: Price and terms
Action: No reportable action taken.

2. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Dee Williams-Ridley, City Manager, Paul Buddenhagen, Deputy City Manager, LaTanya Bellow, Deputy City Manager, Don Ellison, Interim Human Resources Director, Dawud Brewer, Employee Relations Manager.

Employee Organizations: Berkeley Fire Fighters Association Local 1227, Berkeley Fire Fighters Association, Local 1227 I.A.F.F. / Berkeley Chief Fire Officers Association; International Brotherhood of Electrical Workers (IBEW), Local 1245, SEIU 1021 Community Services and Part-time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, Public Employees Union Local 1, Unrepresented Employees, Berkeley Police Association.

Action: No reportable action taken.

3. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2):
a. Workers Compensation Appeals Board Case Number: ADJ11219150

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Thursday, July 7, 2022 MINUTES Page 3
Action: M/S/C (Wengraf/Arreguin) to provide direction to outside counsel and approve a settlement by Compromise and Release, or else in the alternative by stipulated award of permanent disability with an Award of lifetime future medical care, as to workers’ compensation matter WCAB Case Number: ADJ11219150.

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

Councilmember Wengraf absent 6:45 p.m. – 6:55 p.m.

OPEN SESSION:

Public Reports of actions taken pursuant to Government Code section 54957.1.

The City Council provided direction to outside counsel and approved a settlement by Compromise and Release, or else in the alternative by stipulated award of permanent disability with an Award of lifetime future medical care, as to workers’ compensation matter WCAB Case Number: ADJ11219150.

Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.

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

Adjourned at 6:55 p.m.

I hereby certify that the forgoing is a true and correct record of the special closed meeting of July 7, 2022 as approved by the Berkeley City Council. __________________________________
Rose Thomsen, Deputy City Clerk

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Tuesday, July 12, 2022 MINUTES Page 1

B E R K E L E Y C I T Y C O U N C I L

S P E C I A L M E E T I N G M I N U T E S
TUESDAY, JULY 12, 2022
4:00 P.M.

JESSE ARREGUIN, MAYOR
Councilmembers:

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

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/87495949850. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To 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); enter Meeting ID: 874 9594 9850.

If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

Attachment 2

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Tuesday, July 12, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 4:05 p.m.

Present: Taplin, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin

Absent: Kesarwani, Bartlett
Councilmember Kesarwani present at 4:09 p.m.

Councilmember Bartlett present at 4:13 p.m.

Public Comment - Limited to items on this agenda only – 3 speakers CLOSED SESSION:

The City Council will convene in closed session to meet concerning the following:

1. PUBLIC EMPLOYEE APPOINTMENTS PURSUANT TO GOVERNMENT CODE SECTION 54957(b):
a. Title of position to be filled: Director of Police Accountability Action: No reportable action taken.

OPEN SESSION:

No reportable action taken.

Adjournment
Action: M/S/C (Arreguin/Wengraf) to adjourn the meeting.

Vote: All Ayes.

I hereby certify that the foregoing is a true and correct record of the closed session meeting held on July 12, 2022.
________________________
Mark Numainville, City Clerk

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Tuesday, July 12, 2022 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, July 12, 2022
6:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID-19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents 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 URL https://us02web.zoom.us/j/81476464690. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To 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: 814 7646 4690. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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.

Attachment 3

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Tuesday, July 12, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 6:08 p.m.

Present: Kesarwani, Taplin, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin

Absent: Bartlett
Councilmember Bartlett present at 6:10 p.m.

Report from Closed Session
City Council met in closed session on July 7, 2022, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to outside counsel and approved a settlement by Compromise and Release, or else in the alternative by stipulated award of permanent disability with an Award of lifetime future medical care, as to workers’ compensation matter WCAB Case Number: ADJ11219150.

Ceremonial Matters:

1. Adjourned in Memory of Thomas Lord, Local Activist and Former Commissioner City Manager Comments: None
Public Comment on Non-Agenda Matters: 10 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 16 speakers.

Action: M/S/C (Arreguin/Droste) to accept supplemental materials from Councilmember Taplin on Item 18.

Vote: All Ayes.

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

Vote: All Ayes.

Consent Calendar

1. FY 2023 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,828-N.S. adopting the FY 2023 Annual Appropriations Ordinance (AAO) in the amount of $754,176,624 (gross appropriations) and $625,939,999 (net appropriations).

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

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Adopted second reading of Ordinance No. 7,828–N.S.

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Consent Calendar
Tuesday, July 12, 2022 MINUTES Page 3

2. goBerkeley SmartSpace Pilot Program Implementation Recommendations From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,829-N.S. repealing and reenacting Berkeley Municipal Code Chapter 14.52 Parking Meters to enable demand-responsive paid parking for non-RPP permit holders in the 2700 blocks of Durant Avenue, Channing Way, and Haste Street and the 2300-2400 blocks of Piedmont Avenue (a portion of Residential Preferential Parking Program Area I) for the duration of the grant-funded goBerkeley SmartSpace pilot program, and allow payment via license plate entry pay stations (“pay-by-plate”) to improve convenience and enforcement.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted second reading of Ordinance No. 7,829–N.S.

3. Voting Delegates – League of California Cities Annual Conference From: City Manager
Recommendation: Designate, by motion, a voting delegate and alternate for the business meeting of the Annual League of California Cities conference to be held on Friday, September 9, 2022, in Long Beach.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved recommendation appointing Councilmember Hahn as the voting delegate and Councilmember Taplin as the alternate.

4. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on July 12, 2022
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $3,620,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

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Consent Calendar
Tuesday, July 12, 2022 MINUTES Page 4

5. Contract No. 32000243 Amendment: Waters Moving & Storage for Facility Moves
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32000243 with Waters Moving & Storage for moving office furniture between various Health, Housing, & Community Services Department (HHCS) facilities, as part of HHCS program relocations. These facility sites include, but are not limited to, the North Berkeley Senior Center, West Berkeley Service Center, 830 University Avenue, and 1947 Center Street. The contract is being amended to add to the scope and increase the original contract by $10,000 to the original contract amount of $50,000 to move Aging Services back into the newly rehabilitated North Berkeley Senior Center. The total amended amount will not exceed $60,000 for the period June 1, 2020 through December 30, 2022.

Financial Implications: General Fund - $10,000
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,445–N.S.

6. Contract No. 8958F Amendment: Bartel Associates, LLC for Actuarial Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 8958F increasing contract amount by $110,000 with Bartel Associates, LLC for Actuarial Consulting Services, for a revised total contract amount not to exceed $380,000 through December 31, 2023.

Financial Implications: Various Funds - $110,000
Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,446–N.S.

7. Contract No. 31900045-3 Amendment: Vestra Resources, Inc. for Additional Geographic Information System (GIS) Projects
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 31900045-3 with Vestra Resources, Inc. for Geographic Information System (GIS) professional services, for a total not to exceed $28,679 and for a total contract value of $64,990 from September 15, 2018 to June 30, 2024.

Financial Implications: IT Cost Allocation Fund - $28,679 Contact: Michael Sinor, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 70,447–N.S.

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Consent Calendar
Tuesday, July 12, 2022 MINUTES Page 5

8. Contract No. 31900193 Amendment: Hamilton Tree Service, Inc. for As-Needed Tree Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 31900193 with Hamilton Tree Service, Inc, for as-needed tree services, increasing the amount by $300,000 for an amended total amount not to exceed $500,000.

Financial Implications: Various Funds - $300,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,448–N.S.

9. Contract No. 31900218 Amendment: West Coast Arborists, Inc. for As-Needed Tree Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend contract No. 31900218 with West Coast Arborists Inc., for as-needed tree services, increasing the amount by $200,000 for an amended total amount not to exceed $700,000.

Financial Implications: Various Funds - $200,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,449–N.S.

10. Contract No. 32200076 Amendment: OBS Engineering, Inc. for John Hinkel Park Amphitheater Area Improvements Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200076 with OBS Engineering, Inc. for the John Hinkel Park Amphitheater Area Improvements Project, increasing the amount by $26,000 for an amended total amount not to exceed $1,145,580.

Financial Implications: Parks Tax Fund - $26,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,450–N.S. as revised in Supplemental Communications Packet #2 by the City Manager to increase the amount by $80,000 for an amended total amount not to exceed $1,199,580.

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Consent Calendar
Tuesday, July 12, 2022 MINUTES Page 6

11. Berkeley’s Financial Condition (FY 2012 – FY 2021): Pension Liabilities and Infrastructure Need Attention
From: Auditor
Recommendation: We recommend City Council request that the City Manager report back by November 2022, and every six months thereafter, regarding the status of our audit recommendations until reported fully implemented by the City Manager and Finance Department. They have agreed to our findings and recommendations. Please see our report for their complete response. This audit report has been updated with new information regarding the City’s Section 115 Trust.

Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Approved recommendation.

12. Contract No. 32000196 Amendment: Szabo & Associates for Communications Consulting Services
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000196 with Szabo & Associates for communications consulting services for the Mayor’s Office, increasing the contract amount by $78,000 for a new total not to exceed $227,500, and extending the contract term to June 30, 2023.

Financial Implications: Mayor's Office Budget - $78,000 Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,451–N.S.

Council Consent Items

13. Joining the House America Initiative
From: Mayor Arreguin (Author), Councilmember Robinson (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a Resolution joining House America, an initiative of the U.S. Department of Housing and Urban Development and the U.S. Interagency Council on Homelessness to form partnerships with state, tribal and local governments to rehouse people experiencing homelessness.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,452–N.S.

14. Support for Assembly Constitutional Amendment 3
From: Councilmember Taplin (Author)
Recommendation: Send a letter of support for ACA-3 to members of the state legislature including Senator Kamlager (D-Los Angeles), Senator Skinner (D- Berkeley), and Assemblymembers Kalra and Wicks.

Financial Implications: Staff time
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Approved recommendation as revised in Supplemental Communications Packet #1 by Councilmember Taplin.

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Council Consent Items
Tuesday, July 12, 2022 MINUTES Page 7

15. Support for AB-1816: Reentry Housing and Workforce Development Program.

From: Councilmember Taplin (Author)
Recommendation: Send a letter of support for Assembly Bill 1816 to Assemblymember Isaac Bryan (D-Los Angeles) and state legislators representing the City of Berkeley (Skinner/Wicks).

16. Support for SB 1063: Flexibility for Energy Innovation From: Councilmember Robinson (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Send a letter to Senator Nancy Skinner and Assemblymember Buffy Wicks in support of Senate Bill 1063, which would authorize the California Energy Commission (CEC) to make new technology standards effective sooner, enabling the Commission to expedite the rollout of new green technologies and be more responsive to climate emergencies.

Financial Implications: Staff time
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Vice-Mayor Harrison added as a co-sponsor. Approved recommendation.

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Action Calendar – Public Hearing
Tuesday, July 12, 2022 MINUTES Page 8

17. Zoning Ordinance Amendments Making Technical Edits and Corrections to Berkeley Municipal Code (BMC) Title 23
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt first reading of an Ordinance containing technical edits, corrections and other non- substantive amendments to the following sections of the Zoning Ordinance:

BMC Section 23.202.140 (R-SMU Zoning District)
BMC Section 23.204.020 (Commercial Districts -- Allowed Land Uses) BMC Section 23.204.030 (Additional Permit Requirements) BMC Section 23.204.060 (C-U Zoning District)
BMC Section 23.204.130 (C-DMU District)
BMC Section 23.206.202 (Manufacturing Districts – Allowed Land Uses) BMC Section 23.302.030 (Temporary Uses and Structures)
BMC Section 23.302.070 (Use-Specific Regulations)
BMC Section 23.404.040 (Public Notice)
BMC Section 23.502.020 (Glossary)
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 1 speaker.

M/S/C (Arreguin/Wengraf) to close the public hearing.

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

Councilmember Droste absent 7:15 p.m. – 7:20 p.m.

Action: M/S/C (Hahn/Harrison) to adopt first reading of Ordinance No. 7,830-N.S.

Second reading scheduled for July 26, 2022.

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

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Action Calendar – Old Business
Tuesday, July 12, 2022 MINUTES Page 9

18. Revisions to Section 311.6 Warrantless Searches of Individuals on Supervised Release Search Conditions of the Berkeley Police Department Law Enforcement Services Manual (Continued from May 24, 2022) (Item contains revised material) (Reviewed by the Public Safety Committee) From: Councilmember Droste (Author), Councilmember Taplin (Author) Recommendation: Revise Section 311.6 Warrantless Searches of Individuals on Supervised Release Search Conditions of the Berkeley Police Department (BPD) Law Enforcement Services Manual to enable officers of the Berkeley Police Department to conduct detentions and warrantless searches individuals on parole/probation consistent with and supportive of the provisions in the probationer’s/parolee’s release conditions.

Policy Committee Recommendation: Send the item to the City Council with a qualified positive recommendation, as revised by the committee and subject to legal review.

Financial Implications: See report
Contact: Lori Droste, Councilmember, District 8, (510) 981-7180 Action: Moved to Consent Calendar. Adopted the policy revision as introduced in the supplemental material submitted by Councilmember Taplin. Councilmembers Droste and Hahn added as co-sponsors on the supplemental material.

In accordance with California law, individuals on probation, parole, Post Release Community Supervision, or other supervised release status may be subject to warrantless search as a condition of their probation. Officers shall only conduct probation or parole searches to further a legitimate law enforcement or rehabilitative purpose. Searches shall not be conducted in an arbitrary, capricious, or harassing fashion.

Officers shall not detain and search a person on probation or parole solely because the officer is aware of that person's probation or parole status. Individuals contacted or detained who are found to be on searchable Supervised Release for Violent Offenses1 may be searched pursuant to the terms of their Supervised Release conditions. The decision to detain a person and conduct a probation or parole search or otherwise enforce probation or parole conditions for those on supervised release for nonviolent crimes2, should be made, at a minimum, in connection with articulable facts that create a reasonable suspicion that a person may have committed a crime, be committing a crime, or be about to commit a crime or which demonstrate that the individual is connected in some way to criminal activity or that the individual is an imminent threat to officer or citizen safety.

In the conduct of all such detentions and searches, officers shall consciously avoid the application of bias, shall not use such detentions or searches as a means to harass or annoy, and shall not conduct such detentions and searches in a manner that targets or is discriminatory toward any protected class.
1 Offenses involving the use of force, the threat of force, the use or possession of a weapon, sexual violations against the person of another, human trafficking, and the use of force or threats to public safety. Battery on a Peace Officer (Penal Code § 243(b)), Reckless Evasion in a Vehicle (Vehicle Code § 2800.2(a)), or a violent felony as defined in Penal Code § 667.5(c).), fall into the categories of violent crimes, weapons offenses, sex crimes and/or crimes involving threats to public safety in accordance with state law.
2 “Non-Violent Offenses” are defined as offenses in which violence or use of a weapon or threat to life safety is not a factor.

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Action Calendar – Old Business
Tuesday, July 12, 2022 MINUTES Page 10

19. Restoring and Improving Access to City of Berkeley Website and Archival Materials (Continued from June 14, 2022)
From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Harrison (Co-Sponsor) Recommendation: Direct the City Manager to:

1. Restore at previous URLs all PDF documents previously hosted on the City of Berkeley website.

2. Create a publicly accessible archival copy of the City’s previous website, CityofBerkeley.info, that can be accessed without logins and via internet search engines. Include a prominent disclaimer noting the date the website, page, or document was archived, with links redirecting to the active website or other responsive resource.

3. On the new website, update Commission pages to include a minimum of 2 years of historic agendas and other materials and update City Council and Council Committee pages to include at least 3 years of complete materials.

4. By July 15, 2022 develop and make available to all City staff and to the public training at beginner to expert levels on use of the City’s Records Online search function and create more extensive and less technical self-help resources covering basic and expert use.

5. In recognition of increased public traffic, update the Records Online homepage to explain how the portal works and link to more robust self-help resources and alternative search functions.

6. Coordinate with agency staff to include all relevant records (agendas, minutes, etc.) from Rent Board and Housing Authority in Records Online Portal.

7. Update any remaining 404 pages to explain that the City’s website has been moved/updated, and provide links to helpful pages, search functions and/or pathways to access responsive materials. As quickly as possible, consider implementing redirects with wildcards to direct as many old links to relevant new website pages in lieu of the standard 404 page. E.g. cityofberkeley.info/planning* to the Planning Department site map/homepage, or Department Specific 404 page explaining new navigation.

Refer to the City Manager the following additional improvements to Records Online:

1. Within Records Online, provide unique archival/search categories for each City Commission, Board, Committee and Rent Board, and consider other useful categories, to assist users in narrowing results and identifying responsive materials.

2. Allow Records Online search results to be sorted by date and by other searchable factors. Consider means to integrate records online into default site search bar.

3. Explore and report back to Council options for improving the scope of Records Online, improving search options and sorting, and making all materials – or materials from January 1, 2000 (or an earlier recommended date) forward, searchable using internet search engines.

Financial Implications: Staff time
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: Item 19 continued to July 26, 2022.

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Action Calendar – New Business
Tuesday, July 12, 2022 MINUTES Page 11

20. Placing a Measure on the November 8, 2022 Ballot Amending the Rent Stabilization and Eviction for Good Cause Ordinance (B.M.C. 13.76) From: 4 x 4 Joint Committee on Housing City Council/Rent Board Recommendation:

1. Adopt a Resolution placing the proposed amendments to the Rent Stabilization and Eviction for Good Cause Ordinance on the ballot of the November 8, 2022 General Municipal Election.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: See report
Contact: Matt Brown, Rent Stabilization Board, (510) 981-7368 Recess 8:10 p.m. – 8:20 p.m.

Action: 54 speakers. M/S/C (Arreguin/Harrison) to:

Delay final action tonight and continue Item #20 to the July 26, 2022 regular City Council meeting and direct the City Attorney to bring back revised measure language reflecting the following changes:

1. Bring back revised language for Section 13.76.050.F to continue the exemption from just cause and rent control for owner occupied “Golden Duplexes” if the duplex was owner-occupied as of July 1, 2022 and continues to be occupied by the same owner. Once the current owner no longer resides there, then it would be no longer be exempt.

Action: M/S/Failed (Wengraf/Kesarwani) to take no action on the golden duplex provisions in Part 1 of the Main Motion.

Vote: Ayes – Kesarwani, Taplin, Wengraf, Droste; Noes – Harrison, Hahn, Robinson, Arreguin; Abstain – None; Absent – Bartlett (Recused – resides in golden duplex).

Action: M/S/Failed (Arreguin/Harrison) to approve Part #1 of the Main Motion.

Vote: Ayes – Harrison, Hahn, Robinson, Arreguin; Noes – Kesarwani, Taplin, Wengraf, Droste; Abstain – None; Absent – Bartlett (Recused – resides in golden duplex).

Councilmember Bartlett recused 9:45 p.m. – 10:35 p.m.

2. Remove the language in Section 13.76.050.N which would repeal the exemption of lawfully established and fully permitted Accessory Dwelling Units from just cause for eviction protections. Also, refer to the City Manager to explore noticing requirements of rent/eviction control exemption for ADU units.

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

Vote: All Ayes.

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Action Calendar – New Business
Tuesday, July 12, 2022 MINUTES Page 12
Action: M/S/C (Hahn/Harrison) to approve Part #2 of the Main Motion.

Vote: All Ayes.

3. Bring back the proposed language in Section 13.76.040 to modify the new construction exemption for SB 330 replacement units and other units if permitted by state or local law.

Action: M/S/C (Arreguin/Harrison) to approve Part #3 of the Main Motion.

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

4. Bring back the proposed language in Section 13.76.060.Q as proposed by the Rent Board, “Rent Stabilization Ordinance/Decontrol”.

Action: M/S/C (Arreguin/Harrison) to approve Part #4 of the Main Motion.

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

5. Remove the language in Section 13.76.130, “Additional Occupants.” Action: M/S/C (Arreguin/Harrison) to approve Part #5 of the Main Motion.

Vote: All Ayes.

Vote: Bartlett, Harrison, Hahn, Robinson, Arreguin; Noes – Kesarwani, Droste; Abstain – Taplin, Wengraf.

Information Reports

21. Youth Commission Work Plan 2022
From: Youth Commission
Contact: Ginsi Bryant, Commission Secretary, (510) 981-6700 Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 7 speakers.

Adjournment
Adjourned at 11:30 p.m.

I hereby certify that the foregoing is a true and correct record of the regular session meeting held on July 12, 2022.
________________________
Mark Numainville, City Clerk

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Tuesday, July 12, 2022 MINUTES Page 13
Communications
Item #19: Restoring and Improving Access to City of Berkeley Website and Archival Materials

1. David Lerman (2)
Berkeley Marina Area Specific Plan and Cesar Chavez Park

2. Laura Katz

3. Sarah Elzea

4. Helen Greenspan

5. Margaret and Laura Goodman

6. Kristi Bennewitz

7. Ric Keeley

8. Robin Slovak

9. Nancy Schimmel

10.Leslie Brogan

11.Kate Greswold

12.Mort Cohn

13.Rose Glickman

14.Karen Hoffman

15.Nel Benningshof

16.Phyllis Olin

17.Claire Kahane

18.Kathleen Tandy

19.Kellie Gan

20.Nick Despota

21.Robin Freeman

22.Carol Ginsburg and Joseph Como

23.Kate Greswold

24.Sahana Rajasekar

25.Caroline Powell

26.Stefani Berger
Vacancy Tax

27.Elana Auerbach

28.Avram

29.Barbara Gilbert (2)

30.Toni Mester
Hopkins Corridor

31.Rachel Bradley

32.Tanya Bustamante, on behalf of The Commission on Aging

33.Susan Taylor
eScooters

34.Robert Byler

35.Anne McClintock (2)

36.Melanie Beasley, on behalf of the City Manager’s Office

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Tuesday, July 12, 2022 MINUTES Page 14
People’s Park

37.Moni Law
Climate

38.Thomas Lord
Neighbors Smoking – Modify B.M.C. 12.70.035

39.Anne Marie (2)
Plastic Bag Ordinance

40.Dakota Peebler
Hybrid Council Meetings

41.Elana Auerbach
Homelessness

42.M. Emillie Keas

43.Gordon Peterson
Illegal Short-Term Rental

44.Ramona Cavanaugh
1740 San Pablo New Construction – Funding Application

45.Kate Traynor, on behalf of BRIDGE Housing
Reimagining Public Safety

46.Nan McGuier
Shellmound

47.Zahcary Bell
Eviction Moratorium

48.Anne
African American Holistic Resource Center (AAHRC)

49.George Lippman, on behalf of Berkeley Peace and Justice Commission Traffic at Intersections of 80 and University and Gilman

50.Nick Roosevelt

51.Farid Javandel
SB 1183

52.Seena Hawley
BART Development

53.Nancy Lieblich

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Tuesday, July 12, 2022 MINUTES Page 15
Needles and Drug Use Downtown

54.Alex Merenkov
Fire Anniversary of September 17, 1923

55.Margot Smith
Eviction of the Pacific Center at 2712 Telegraph Avenue

56.Lasara Firefox
Double Parking on Durant

57.Alex Merenkov
Housing Element

58.Kelly Hammargren
Fire Danger at People’s Park

59.Max Ventura
Accept Haitian Migrants to Berkeley

60.Nin Ichikawa
UN Secretary General

61.Thomas Lord
Arson and Wildfires

62.Barbara Gilbert
Tenants Opportunity to Purchase Act

63.Kelly Hammargren

64.56 similarly-worded from letters from “[email protected]” Supplemental Communications and Reports 1
Item #1: FY 2023 Annual Appropriations Ordinance

65.Eric Friedman
Item #14: Support for Assembly Constitutional Amendment 3

66.Supplemental material, submitted by Councilmember Taplin Item #15: Support for AB-1816: Reentry Housing and Workforce Development Program

67.Supplemental material, submitted by Councilmember Taplin Item #18: Revisions to Section 311.6 Warrantless Searches of Individuals on Supervised Release Search Conditions of the Berkeley Police Department Law Enforcement Services Manual

68.Supplemental material, submitted by Councilmember Taplin

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Tuesday, July 12, 2022 MINUTES Page 16
Item #19: Restoring and Improving Access to City of Berkeley Website and Archival Materials

69.Melanie Beasley, on behalf of the City Manager’s Office Item #20: Placing a Measure on the November 8, 2022 Ballot Amending the Rent Stabilization and Eviction for Good Cause Ordinance (B.M.C. 13.76)

70.Revised material, submitted by the City Attorney’s Office

71.Dan McDunn

72.William Campbell

73.Kevin Casey
Supplemental Communications and Reports 2
Item #10: Contract No. 32200076 Amendment: OBS Engineering, Inc. for John Hinkel Park Amphitheater Area Improvements Project

74.Revised material, submitted by Parks, Recreations & Waterfront Item #18: Revisions to Section 311.6 Warrantless Searches of Individuals on Supervised Release Search Conditions of the Berkeley Police Department Law Enforcement Services Manual

75.Supplemental material, submitted by Councilmember Taplin

76.Revised material, submitted by Councilmember Droste

77.Bryce Nesbitt

78.Michael Brodheim

79.Todd Andrew

80.Andree Jones

81.Carolyn

82.Lorenzo Avila

83.Rachel Bradley

84.Isabelle Gaston

85.Steve Kromer

86.Rob Yohai

87.Jon McAuliffe

88.38 similarly-worded form letters
Item #20: Placing a Measure on the November 8, 2022 Ballot Amending the Rent Stabilization and Eviction for Good Cause Ordinance (B.M.C. 13.76)

89.Revised material, submitted by the City Attorney’s Office

90.Joann Sullivan

91.Alicia Moore

92.Vanessa Marrero

93.Kirsten Rose

94.Norma Harrison

95.Debbie Woods

96.Jerry Fillingim

97.Charlene Woodcock

98.Robin R

99.Cecile Leneman
100. Erica Cleary

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Tuesday, July 12, 2022 MINUTES Page 17
101. Yoni Mayeri
102. Chris Ballinger
103. Judy MacLean
104. Jeffrey Carter
105. John Tortorice
106. Sheila Goldmacher
107. Diana Bohn
108. Michele Muenning
109. John Selawsky
110. Fredric Fierstein
111. Angela Carlton
112. Beth Gerstein, on behalf of Councilmember Kesarwani 113. Thomas Luce
114. Diana Bohn
115. Anne McClintock
116. Matthew Lewis
117. Claudia Kawczynska
118. Debra Sanderson, Co-chair ADU Task Force
119. Julieta Pisani McCarthy
120. Cameroon Woo
121. 7 similarly -worded form letters
Supplemental Communications and Reports 3
Item #16: Support for SB 1063: Flexibility for Energy Innovation 122. D.S.

Item #18: Revisions to Section 311.6 Warrantless Searches of Individuals on Supervised Release Search Conditions of the Berkeley Police Department Law Enforcement Services Manual
123. Supplemental material, submitted by Councilmember Taplin 124. Fran Haselsteiner
125. Sara Shnider
126. April Gilbert
127. Ben Finkel
128. Barbara Gilbert
129. Jake Teitebaum
130. Elliot Halpern
131. Kitt Saginor
132. Meryl Siegal
133. Karen Weidert
134. Diana Bohn
135. Laralynn Rapoza
136. John Rea
137. Mike Perlmutter
138. Carol Denney
139. Meghan Schwartz
140. Vicki Sommer

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Tuesday, July 12, 2022 MINUTES Page 18
141. Terrence Kotsatos
142. Kellicia Kotsatos
143. Margaret Pritt
144. Raul Delarosa
145. Max Ventura
146. Tracy Rosenberg
147. Julia Cato
148. Glenda Citragno
149. Edward Opton
150. Lynda Caesara
151. Alicia Moore
152. Wendy Alfsen
153. Larry Hartsough
154. Elana Auerbach
155. John Vias
156. Josh Buswell-Charkow
157. Lisa Ferguson
158. Negeene Mosaed
159. Fred Krieger
160. Christoverre Kohler
161. Laura Klein
162. Debbie Woods
163. Anna Sophie Loewenberg
164. Jan Baerwald
165. Mark McGoldrick
166. Kelly Hammargren
167. Adolfo Cabral
168. Bill Newton
169. Beth Goldstein
170. Hongnian Guo
171. Dennis Weikel
172. Marcia Dubois
173. Stephanie Lim
174. Seena Hawley
175. Andrea Kamman
176. Dai Ying Zhang
177. Selena Chu
178. Laurie Lenrow
179. Kellicia Wong Kotsatos
180. David Lerman
181. Bill Pottinger
182. J. Frederick Clark Jr.
183. Gina Rieger
184. Joshua Reich
185. Simon Leemann
186. Alyse Jacobson

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Tuesday, July 12, 2022 MINUTES Page 19
187. Becky Dalton
188. Sheila Moran
189. Ari Lev
190. Catherine Shalen
191. Sunny Yoon
192. Richard Bunce
193. Christine Staples
194. John E. Rosenthal
195. Suzanne McKee
196. Steven Berger
197. John Rice
198. Seth Engel
199. David Fogarty
200. Irene Marcos
201. Feliciano Mejia
202. Alex Jordan
203. Wenxia Maclay
204. Peter Hosemann
205. Julia Zhang
206. Diego Aguilar-Canabal
207. Bethany del Lima
208. William Rosen
209. Lisa Tsang
210. Shuang Li
211. Bruce Feingold
212. Frannie Mok
213. Susan Orbuch
214. wenijingxu@
215. Erik Schmitt
216. Audrey Richards
217. Mari Vlastos
218. Liz Ruhland
Item #20: Placing a Measure on the November 8, 2022 Ballot Amending the Rent Stabilization and Eviction for Good Cause Ordinance (B.M.C. 13.76) 219. Norma Harrison
220. Neil Sawhney
221. Julia Cato
222. Tobey Wiebe
223. Karen Gosling
224. Negeene Mosaed
225. Becca Freed
226. Diana Bohn
227. Katharine Bierce
228. Chimey Lee
229. Bryce Nesbitt
230. Jeanne Clinton

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Tuesday, July 12, 2022 MINUTES Page 20
231. Scott Curtin
232. Cris Benton
233. Michael O’Heaney
234. Tony Warwick
235. Michael Katz
236. Claire Sherman & Ed Anisman
237. Virginia Browning
238. Lauren Schiller
239. Lori Kossowsky
240. Laura Bixby
241. Daren Fields
242. Mathias Kondolf
243. Alejandro Garcia-Paredes
244. Katharine Vidt
245. Teresa Paris
246. Rebecca Champion
247. Erin Chalmers
248. Elena Gonzalez
249. Carol Perez
250. Lawrence Kaplan and Marie Champlin (2)
251. Stephen Knight
252. The Casita Coalition
253. Brenda Richardson
254. Sean McMurray
255. Barbara Gilbert (2)
256. Jeanne Clinton
257. Todd Andrew (2)
258. Tuan Ngo
259. Jesus Mejia
260. Rie Takahashi

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Monday, July 18, 2022 MINUTES Page 1

M I N U T E S

BERKELEY CITY COUNCIL SPECIAL MEETING
MONDAY, JULY 18, 2022
4:00 P.M.

JESSE ARREGUIN, MAYOR
Councilmembers:

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

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://us02web.zoom.us/j/87836924529. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To 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); enter Meeting ID: 878 3692 4529.

If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

Attachment 4

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Monday, July 18, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 4:01 p.m.

Present: Droste, Hahn, Harrison, Robinson, Taplin, Wengraf, Arreguin

Absent: Kesarwani, Bartlett
Public Comment - Limited to items on this agenda only – 1 speaker.

CLOSED SESSION:

The City Council will convene in closed session to meet concerning the following:

1. PUBLIC EMPLOYEE APPOINTMENTS PURSUANT TO GOVERNMENT CODE SECTION 54957(b):
a. Title of position to be filled: Director of Police Accountability Action: No reportable action taken.

OPEN SESSION:

Public Reports of actions taken pursuant to Government Code section 54957.1.

No reportable action taken.

Adjournment
Action: M/S/C (Arreguin/Robinson) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 8:38 p.m.

I hereby certify that the forgoing is a true and correct record of the special closed meeting of July 18, 2022 as approved by the Berkeley City Council. __________________________________
Rose Thomsen, Deputy City Clerk

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Tuesday, July 26, 2022 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Tuesday, July 26, 2022
3:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID-19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents 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 URL https://us02web.zoom.us/j/89491193768. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To 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: 894 9119 3768 . If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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..

Attachment 5

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Tuesday, July 26, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 3:05 p.m.

Present: Taplin, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin

Absent: Kesarwani, Bartlett
Councilmember Kesarwani present at 3:07 p.m.

Councilmember Bartlett present at 3:21 p.m.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 0 speakers.

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

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

Consent Calendar

1. Memorandum Agreement: International Brotherhood of Electrical Workers Local 1245
From: City Manager
Recommendation: Adopt two Resolutions:

1. Adopting a successor three-year Memorandum Agreement (MA) with the International Brotherhood of Electrical Workers Local 1245 (hereinafter referred to as the “Union”) with a term of July 1, 2022 through June 30, 2025, authorizing the City Manager to execute and implement the revised terms and conditions of employment set forth in the Memorandum Agreement; and

2. Approving a new salary resolution for Representation Unit C that implements the new salary levels negotiated in the new labor agreement and rescinding Resolution No. 69,962-N.S.

Financial Implications: See report
Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,453–N.S. (IBEW Local 1245), and Resolution No. 70,454–N.S. (Representation Unit C).

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Consent Calendar
Tuesday, July 26, 2022 MINUTES Page 3

2. Side Letter of Agreement – SEIU Local 1021 Maintenance and Clerical Chapters From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter of Agreement with Service Employees International Union Local 1021 Maintenance and Clerical Chapters to modify Section 31.3 of the Memorandum Agreement regarding the Pre-Age 65 Retiree Health Insurance.

Effective 7/1/2022 through 6/30/2023, the City shall contribute an additional $200.00 toward both single and two-party rate for active employees who retire from city service and file such retirement within thirty (30) days of separation from the city with CalPERS. This enhanced retiree incentive shall continue until Section 31.4 become applicable.

Financial Implications: See report
Contact: Donald E. Ellison, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,455–N.S.

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Action Calendar – New Business
Tuesday, July 26, 2022 MINUTES Page 4

3. Establishing Policy for Adequate Annual General Fund Contribution for Street Maintenance to Prevent Deterioration of Pavement Condition From: Councilmember Wengraf (Author), Councilmember Kesarwani (Author), Mayor Arreguin (Author), Councilmember Taplin (Co-Sponsor) Recommendation: Adopt a Resolution establishing a Council fiscal policy to allocate $8 million annually in General Fund monies for street maintenance, adjusted annually for inflation. The allocation will augment the existing General Fund street paving budget of $7.3 million, for a total of $15.3 million annually, adjusted for inflation. The policy allows for suspension in any year in which there is a budget deficit or emergency under two circumstances (1) the City Council draws upon $1 million (or more) from its Stabilization Reserve in order to adopt a final budget; or (2) a two-thirds vote of the City Council.

This policy is needed to ensure that deferred street maintenance is supported by an ongoing adequate General Fund contribution. Without adequate ongoing street maintenance funding, analysis shows that a one-time infusion of resources will only lead to a temporary improvement in the pavement condition.

Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: 5 speakers. M/S/C (Wengraf/Arreguin) to adopt Resolution No. 70,456–N.S. with the changes to resolved clauses noted in the underlined text below.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that a fiscal policy is hereby established requiring the allocation of $8 million dollars annually from the General Fund to the Street Maintenance Fund, in addition to the existing baseline $7.3 million allocation, for a total amount of $15.3 million to be adjusted annually for inflation using the greater of the cost of living in the immediate San Francisco Bay Area or per capita personal income growth in the state, as verified by official United States Bureau of Labor statistics, or other construction index as recommended by the City Manager.

BE IT FURTHER RESOLVED that this fiscal policy to fund street maintenance at a level of $15.3 million (as adjusted for inflation) may be suspended in any year in which the City Council draws upon $1 million (or more) from the Stabilization Reserve in order to adopt a final budget or by a two-thirds vote of the City Council.

Vote: All Ayes.

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Action Calendar – New Business
Tuesday, July 26, 2022 MINUTES Page 5

4. Placing a General Obligation Bond Measure on the November 8, 2022 Ballot for Affordable Housing, Climate Change Resiliency, Wildfire Protection, and Other Public Infrastructure Improvements
From: City Manager
Recommendation:

1. Adopt a Resolution determining public interest and necessity for issuing a general obligation bond in the amount of $300 million for affordable housing, climate change resiliency, wildfire protection, and other public infrastructure improvements, submitting to the Berkeley electorate on the November 8, 2022 ballot a measure to authorize a general obligation bond in that amount, and finding that the proposed measure is not a project under the California Environmental Quality Act.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: 15 speakers. M/S/C (Arreguin/Kesarwani) to continue Item 4 to a special meeting to be held on August 3 and provide direction to the City Manager to return with a revised single bond measure in an amount from $600 million to $650 million, and provide analysis of the various bond amounts, including average tax rate and various bond terms. Bond measure text should categories the funding as noted below.
$300 million – street paving, sidewalks, and complete streets $150 million – affordable housing
$150 million – other public infrastructure, undergrounding on evacuation routes, civic center improvements, infrastructure at the waterfront, the pier, parks, pools, or other public infrastructure.

Vote: All Ayes.

5. Placing a Special Tax Measure on the November 8, 2022 Ballot to Fund Street Repairs, Sidewalk Repairs, and Traffic Safety Improvements; and Adopting the Vision 2050 Program Plan
From: City Manager
Recommendation:

1. Adopt a Resolution submitting a ballot measure to fund street repairs, sidewalk repairs, and traffic safety improvements to a vote of the electors at the November 8, 2022 General Municipal Election.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

3. Adopt a Resolution adopting the Vision 2050 Program Plan.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: 6 speakers. M/S/C (Arreguin/Wengraf) to take no action on Item 5.

Vote: All Ayes.

Recess 5:59 p.m. – 6:15 p.m.

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Action Calendar – New Business
Tuesday, July 26, 2022 MINUTES Page 6

6. Placing a General Tax Measure on the November 8, 2022 Ballot to Tax Vacant Residential Units
From: City Manager
Recommendation:

1. Adopt a Resolution submitting a ballot measure to tax vacant residential units to a vote of the electors at the November 8, 2022 General Municipal Election.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: M/S/C (Arreguin/Robinson) to accept revised materials from Vice-Mayor Harrison on Item 6.

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

Action: 45 speakers. M/S/C (Arreguin/Harrison) to continue the item to the August 3 special meeting including revised material submitted at the meeting by Vice-Mayor Harrison.

Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Arreguin; Noes – Droste.

Adjournment
Action: M/S/C (Arreguin/Harrison) to adjourn the meeting.

Vote: All Ayes.

Adjourned at 8:56 p.m.

I hereby certify that the foregoing is a true and correct record of the special session meeting held on July 26, 2022.
________________________
Mark Numainville, City Clerk
Communications
Item #6: Placing a General Tax Measure on the November 8, 2022 Ballot to Tax Vacant Residential Units

1. Adriel Hampton
Supplemental Communications and Reports 1
 None

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Tuesday, July 26, 2022 MINUTES Page 7
Supplemental Communications and Reports 2
Item #4 Placing a General Obligation Bond Measure on the November 8, 2022 Ballot for Affordable Housing, Climate Change Resiliency, Wildfire Protection, and Other Public Infrastructure Improvements

2. James McGrath
Item #6: Placing a General Tax Measure on the November 8, 2022 Ballot to Tax Vacant Residential Units

3. Revised material, submitted by Councilmember Harrison

4. Kelly Hammargren

5. The Berkeley Progressive Alliance

6. Sam Greenberg, on behalf of East Bay for Everyone, Telegraph for People, and Cal Berkeley Democrats
Supplemental Communications and Reports 3
Item #3: Establishing Policy for Adequate Annual General Fund Contributions for Street Maintenance to Prevent Deterioration of Pavement Condition

7. Ben Gerhardstein, on behalf of Walk Bike Berkeley
Item #4 Placing a General Obligation Bond Measure on the November 8, 2022 Ballot for Affordable Housing, Climate Change Resiliency, Wildfire Protection, and Other Public Infrastructure Improvements

8. Presentation, submitted by Public Works

9. Vanessa Marrero

10.Anne McClintock

11.Alejandro Garcia-Paredes

12.Rie Takahashi

13.Berkeley Tenants Union

14.Ignacio Dayrit

15.Karin Wertheim

16.Summer Brenner

17.La Fan

18.Chimey Lee

19.Michael Brown

20.Shelley Pitts
Item #6: Placing a General Tax Measure on the November 8, 2022 Ballot to Tax Vacant Residential Units

21.Paola Laverde

22.Tracy Parent, on behalf of the Bay Area Community Land Trust

23.Robin Rattan

24.Sylvia Chapman

25.Julia Cato

26.Gale Garcia

27.Elana Auerbach

28.Bryce Nesbitt

29.Andrea Mullarkey, on behalf of SEIU 1021

30.Sandra Fini

31.Igor Tregub

32.Martin Nicolaus

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33.Ida Martinac

34.Diana Bohn

35.Jordan Burns

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Tuesday, July 26, 2022 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, July 26, 2022
6:00 PM

JESSE ARREGUIN, MAYOR
Councilmembers:

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID-19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents 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 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.

Attachment 6

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Tuesday, July 26, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 9:00 p.m.

Present: Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Droste, Arreguin

Absent: None
Ceremonial Matters:

1. Recognition of Kathy Lee, Interim Director of Police Accountability, and 33-year City Employee

2. Recognition of the Excellent Work of the Independent Redistricting Commission City Manager Comments: None
Public Comment on Non-Agenda Matters: 10 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 6 speakers.

Action: M/S/C (Arreguin/Robinson) to accept revised materials from Councilmember Hahn for Item 32.

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

Councilmember Droste absent 9:31 p.m. – 10:22 p.m.

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

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

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1. Zoning Ordinance Amendments Making Technical Edits and Corrections to Berkeley Municipal Code (BMC) Title 23
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,830-N.S. containing technical edits, corrections and other non-substantive amendments to the following sections of the Zoning Ordinance:

BMC Section 23.202.140 (R-SMU Zoning District)
BMC Section 23.204.020 (Commercial Districts -- Allowed Land Uses) BMC Section 23.204.030 (Additional Permit Requirements) BMC Section 23.204.060 (C-U Zoning District)
BMC Section 23.204.130 (C-DMU District)
BMC Section 23.206.202 (Manufacturing Districts – Allowed Land Uses) BMC Section 23.302.030 (Temporary Uses and Structures)
BMC Section 23.302.070 (Use-Specific Regulations)
BMC Section 23.404.040 (Public Notice)
BMC Section 23.502.020 (Glossary)
First Reading Vote: Ayes – Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Arreguin; Noes – None; Abstain – None; Absent – Droste.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,830–N.S.

2. Resolution Reviewing and Ratifying the Proclamation of Local Emergency Due to the Spread of a Severe Acute Respiratory Illness Caused by a Novel (New) Coronavirus (COVID-19)
From: City Manager
Recommendation: Adopt a Resolution reviewing the need for continuing the local emergency due to the spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19) and ratifying the Proclamation of Local Emergency issued by the Director of Emergency Services on March 3, 2020, initially ratified by the City Council on March 10, 2020, and subsequently reviewed and ratified by the Council on April 21, 2020, June 16, 2020, July 28, 2020, September 22, 2020, November 17, 2020, December 15, 2020, February 9, 2021, March 30, 2021, May 25, 2021, July 20, 2021, September 14, 2021, December 14, 2021, February 8, 2022, March 22, 2022, May 10, 2022, and June 28, 2022.

Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,457–N.S.

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3. Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference
From: City Manager
Recommendation: Adopt a Resolution making the required findings pursuant to Government Code Section 54953(e)(3) and determining that as a result of the continued threat to public health and safety posed by the spread of COVID-19, City legislative bodies shall continue to meet via videoconference and teleconference, initially ratified by the City Council on September 28, 2021, and subsequently reviewed and ratified on October 26, 2021, November 16, 2021, December 14, 2021, January 10, 2022, February 8, 2022, March 8, 2022, March 22, 2022, April 12, 2022, May 10, 2022, May 31, 2022, and June 28, 2022.

Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950
Action: Adopted Resolution No. 70,458–N.S.

4. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of June 2 (special), June 13 (closed), June 14 (regular), June 21-4 p.m. (special), June 21-6 p.m. (special), June 27 (closed) and June 28 (regular).

Financial Implications: None
Contact: Mark Numainville, Commission Secretary, (510) 981-6900 Action: Approved the minutes as submitted.

5. Downtown Berkeley YMCA for Fitness Center Memberships for City Employees From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $109,440, for fitness center memberships for City employees for the period July 1, 2022 through June 30, 2023.

Financial Implications: Payroll Deduction Trust Fund - $109,440 Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Adopted Resolution No. 70,459–N.S.

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6. Contract: Lehr for Emergency Response Vehicle Supplies/Equipment and Installation Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into contract with Stommel Inc. dba Lehr, for emergency response vehicle supplies/equipment and installation services, with the term of the contract from August 1, 2022 to September 30, 2022 in an amount not to exceed $350,000. The contract may be extended for up to five additional years and shall not exceed $750,000 in total.

Financial Implications: Various Funds - $750,000
Contact: David Sprague, Fire, (510) 981-3473
Action: Adopted Resolution No. 70,460–N.S.

7. Mental Health Services Act (MHSA) Fiscal Year 2022-2023 Annual Update From: City Manager
Recommendation: Adopt a Resolution approving the Mental Health Services Act (MHSA) Fiscal Year 2022-2023 Annual Update (MHSA FY23 Annual Update), which provides information on current and proposed uses of funds for mental health programming, and forwarding the MHSA FY23 Annual Update to appropriate state officials.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,461–N.S.

8. Contract No. 32200185 Amendment: Sonya Dublin Consulting to Provide Evaluation Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32200185 with Sonya Dublin Consulting to provide evaluation services, and any subsequent amendments or extensions, to add $93,600 and bring the contract total to an amount not to exceed $109,200 and extending the end date from June 30, 2022 to June 30, 2025.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,462–N.S.

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9. Shelter Plus Care Program Renewal Grants
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to receive funds and execute any agreements and amendments resulting from the renewal of the following grants: 1. Two Shelter Plus Care grants from U.S. Department of Housing and Urban Development (HUD): a) $3,949,021 for Supportive Housing Collaborative Project (SHC) for the period June 1, 2022 through May 31, 2023; b) $2,327,914 for COACH Project (COACH) for the period of January 1, 2022 through December 31, 2022. 2. One grant from HUD administered through the County of Alameda for $881,045 to provide tenant-based rental assistance to individuals who are chronically homeless and disabled from March 1, 2022 through February 28, 2023.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,463–N.S.

10. Contract Amendments: Mental Health Services Act Community Services and Supports, and Prevention and Early Intervention
From: City Manager
Recommendation: Adopt ten Resolutions authorizing the City Manager or her designee to execute amendments for the following contracts that are funded through Mental Health Services Act (MHSA) Community Services and Supports (CSS) and Prevention and Early Intervention (PEI); increasing the contract amounts as outlined below; totaling $1,571,966 and extending the contracts through June 30, 2023:

1. Increasing CSS Contract No. 100042-1 with Lakehurst Hall by $36,000 for a total contract amount not to exceed $185,500 for Room Rental Fees for Berkeley Mental Health clients;

2. Increasing CSS Contract No. 108800-1 with Bay Area Hearing Voices Network by $46,941 for a total contract amount not to exceed $184,855 for hearing voices support groups;

3. Increasing CSS Contract No. 31900132 with Building Opportunities for Self- Sufficiency by $100,000 for a total contract amount not to exceed $400,000 for representative payee services;

4. Increasing CSS Contract No. 32200130 with Alameda County Behavioral Health Care Services by $491,933 for a total contract amount not to exceed $983,866 for Wellness Center operations;

5. Increasing CSS and PEI Contract No. 32000094 with Youth Spirit Artworks by $100,000 for Transition Age Youth case management and linkage services, and $32,046 for trauma support services. This amendment also includes $78,000 for Tiny House Village services, which is non-MHSA funding, for a total contract amount not to exceed $737,092;

6. Increasing PEI Contract No. 32000240 with Berkeley Unified School District by $355,000 for a total contract amount not to exceed $1,347,778 for services to support Berkeley students;

7. Increasing PEI Contract No. 088999-1 with Center for Independent Living by $32,046 for a total contract amount not to exceed $352,722 for services to support

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Older Adults;

8. Increasing PEI Contract No. 052129-1 with Pacific Center for Human Growth by $100,000 for a total contract amount not to exceed $515,150 for services to support the Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Agender, Plus (LGBTQIA+) population;

9. Increasing PEI Contract No. 32200146 with OnTrack Program Resources by $100,000 for a total contract amount not to exceed $175,000 for services to support African Americans; and

10. Increasing PEI Contract No. 3200111 with East Bay Sanctuary Covenant by $100,000 for a total contract amount not to exceed $200,000 for services to support the Latinx/Latina/Latino population.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,464–N.S. (Contract No. 100042-1), Resolution No. 70,465–N.S. (Contract No. 108800-1), Resolution No. 70,466–N.S. (Contract No. 31900132), Resolution No. 70,467–N.S. (Contract No. 32200130), Resolution No. 70,468–N.S. (Contract No. 32000094), Resolution No. 70,469–N.S. (Contract No. 32000240), Resolution No. 70,470–N.S. (Contract No. 088999-1), Resolution No. 70,471–N.S. (Contract No. 052129-1), Resolution No. 70,472–N.S. (Contract No. 32200146), and Resolution No. 70,473–N.S. (Contract No. 3200111).

11. Revision of the Tool Lending Specialist Classification to Reflect an Accurate Scope of Duties with a Four Percent (4%) Salary Increase From: City Manager
Recommendation: Adopt a Resolution approving the revision of the Tool Lending Specialist job specification to accurately reflect the scope of duties and to increase the current salary schedule by four percent (4%) effective March 16, 2021 or the employee’s start date, if more recent.

Financial Implications: See report
Contact: Tess Mayer, Library, (510) 981-6100
Action: Adopted Resolution No. 70,474–N.S.

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

Financial Implications: General Fund - $312,000
Contact: Michael Sinor, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 70,475–N.S.

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13. Contract No. 7167M Amendment: Superion, LLC for AS400 Software Maintenance and Support
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 7167M with Superion, LLC for software maintenance and support of the City's FUND$ system on the AS400 platform, increasing the contract amount by $154,927 for a total not-to-exceed amount of $2,549,483 from July 1, 2006 through June 30, 2023.

Financial Implications: IT Cost Allocation Fund - $154,927 Contact: Michael Sinor, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 70,476–N.S.

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

Financial Implications: Various Funds - $350,000
Contact: Michael Sinor, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 70,477–N.S.

15. Contract No. 047162-1 Amendment: ESI Group for the IBM Hardware and Software Lease
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 047162-1 with ESI Group for leasing, maintenance, and technical support for International Business Machines (IBM) hardware lease and software maintenance and support, increasing the current contract by $140,000, for a total not to exceed $2,294,769 from June 2, 2003 through June 30, 2023 Financial Implications: IT Cost Allocation - $140,000
Contact: Michael Sinor, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 70,478–N.S.

16. Donation: New Sign at Berkeley Waterfront - from Caltrans From: City Manager
Recommendation: Adopt a Resolution approving a donation of a new sign from Caltrans to be placed at the entrance to the Berkeley Waterfront with a value up to $250,000.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,479–N.S.

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

Financial Implications: Measure IT Phase 2 Funds - $900,000 Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,480–N.S.

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

Financial Implications: See report.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,481–N.S.

19. Approval of Funds for Electric Vehicle Charging Stations at Tuolumne Camp From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to allocate up to $350,000 to add electric vehicle charging stations at Tuolumne Camp.

Financial Implications: See report.

Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,482–N.S.

20. Accept Grant Funding from the California Highway Patrol (CHP) Cannabis Tax Fund Grant Program to Reduce Impaired Driving in the City of Berkeley From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager, or designee, to accept the “Cannabis Tax Fund Grant (CTFGP)” and enter into the resultant grant agreement and any amendments to fund impaired driving detection/investigation training for officers, community educational programs and supplemental impaired driving enforcement. The tentative grant allocation is for $112,337 for the period of July 1, 2022 through June 30, 2023.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 70,483–N.S.

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

Financial Implications: Various Funds - $100,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,484–N.S.

22. Contract No. 098713-1 (9488D) Amendment: Berry Brothers Towing for On-Call Towing Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 098713-1 with Berry Brothers Towing to provide towing services for the City’s Fleet equipment and vehicles, increasing the contract amount by $75,000 for a new not to exceed amount of $255,000 and extending the contract end date to June 30, 2025.

Financial Implications: Equipment Maintenance Fund - $75,000 Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,485–N.S.

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

Financial Implications: Various Funds - $400,000
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,486–N.S.

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

Financial Implications: Various Funds - $100,000
Contact: Liam Garland, Public Works, (510) 981-6300, Michael Sinor, Information Technology, (510) 981-6500
Action: Adopted Resolution No. 70,487–N.S.

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

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,488–N.S.

26. Approval of Additional Disaster and Fire Safety Commission Meeting From: Disaster and Fire Safety Commission
Recommendation: Adopt a Resolution approving the request from the Disaster and Fire Safety Commission to hold one additional meeting in calendar year 2022.

Financial Implications: Staff time
Contact: Keith May, Commission Secretary, (510) 981-3473 Action: Adopted Resolution No. 70,489–N.S.

Council Consent Items

27. Authorize Three Additional Meetings in 2022 for the Homeless Services Panel of Experts
From: Mayor Arreguin (Author)
Recommendation: Authorize three additional meetings for the Homeless Services Panel of Experts for the calendar year, 2022.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Approved recommendation.

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28. Resolution Supporting the Living Wage Act of 2022
From: Councilmember Robinson (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution supporting the Living Wage Act of 2022 to increase the California state-wide minimum wage to $18 on a gradual timeline.

Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Adopted Resolution No. 70,490–N.S.

Action Calendar – Old Business

29. Surveillance Technology Report, Surveillance Acquisition Report, and Surveillance Use Policy for Automatic License Plate Readers (Continued from May 12, 2020. Item contains revised and supplemental materials) From: City Manager
Recommendation: Adopt a Resolution accepting the Surveillance Technology Report, Surveillance Acquisition Report, and Surveillance Use Policy for Automatic License Plate Readers submitted pursuant to Chapter 2.99 of the Berkeley Municipal Code.

Financial Implications: None
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Item continued to September 13, 2022. Item includes revised material in Supplemental Communications Packet #1 from Councilmember Harrison.

30. Police Equipment & Community Safety Ordinance Impact Statements, Associated Equipment Policies and Annual Equipment Use Report (Continued from June 21, 2022) (Item contains supplemental and revised material) From: City Manager
Recommendation: Adopt a Resolution approving the Controlled Equipment Impact Statements, Associated Equipment Use Policies and Equipment.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Moved to Consent Calendar to approve the recommendation and accept the report of the Police Accountability Board in Supplemental Communications Packet #2 approving the revised Policy 709 and determining that none of the other associated equipment policies require revision at this time.

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31. Placing a Measure on the November 8, 2022 Ballot Amending the Rent Stabilization and Eviction for Good Cause Ordinance (B.M.C. 13.76) (Continued from July 12, 2022)
From: 4 x 4 Joint Committee on Housing City Council/Rent Board Recommendation:

1. Adopt a Resolution placing the proposed amendments to the Rent Stabilization and Eviction for Good Cause Ordinance on the ballot of the November 8, 2022 General Municipal Election.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: See report
Contact: Matt Brown, Rent Stabilization Board, (510) 981-7368 Action: Referred to the Agenda & Rules Committee for future scheduling.

32. Restoring and Improving Access to City of Berkeley Website and Archival Materials (Continued from July 12, 2022)
From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor), Councilmember Harrison (Co-Sponsor) Recommendation: Direct the City Manager to:

1. Restore at previous URLs all PDF documents previously hosted on the City of Berkeley website.

5. In recognition of increased public traffic, update the Records Online homepage to explain how the portal works and link to more robust self-help resources and alternative search functions.

6. Coordinate with agency staff to include all relevant records (agendas, minutes, etc.) from Rent Board and Housing Authority in Records Online Portal.

Refer to the City Manager the following additional improvements to Records Online:

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2. Allow Records Online search results to be sorted by date and by other searchable factors. Consider means to integrate records online into default site search bar.

Financial Implications: Staff time
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: M/S/Failed (Robinson/Harrison) to suspend the rules and extend the meeting to 11:45 p.m.

Vote: Ayes – Bartlett, Harrison, Hahn, Robinson, Arreguin; Noes – Kesarwani, Taplin, Wengraf, Droste.

Action: Referred to the Agenda & Rules Committee for future scheduling.

Information Reports

33. Sanctuary City Contracting Compliance Report for FY 2021 From: City Manager
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Received and filed.

34. LPO NOD: 2733 Buena Vista Way/#LMSAP2022-0004
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

35. LPO NOD: 2200-block of Piedmont Avenue/#LMSAP2019-0009 From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

36. LPO NOD: 8 Greenwood Common/#LMSAP2022-0002
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

37. LPO NOD: 2113 Kittredge Street/#LMIN2022-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Received and filed.

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38. 2022 Commission on Aging Work Plan
From: Commission on Aging
Contact: Richard Castrillon, Commission Secretary, (510) 981-5190 Action: Received and filed.

39. City Auditor Fiscal Year 2023 Audit Plan
From: Auditor
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Received and filed.

Public Comment – Items Not Listed on the Agenda – 0 speakers.

Adjournment
Adjourned at 11:00 p.m.

I hereby certify that the foregoing is a true and correct record of the regular session meeting held on July 26, 2022.
________________________
Mark Numainville, City Clerk
Communications
Commendations of the Berkeley Police Department

1. Katherine Lee, Interim Director of Police Accountability Berkeley Marina Area Specific Plan (BMASP) + Cesar Chavez Park

2. Susan Black

3. Helen Canin

4. Maud Engel

5. Carol Denney

6. Summer Brenner

7. Gael Alcock

8. Margaret Fouda

9. Donald Stang and Helen Wickes

10.Wini Williams

11.Paul Litsky

12.Edward Vine

13.Jamie Brown

14.Bobbi Sloan

15.Diane Mintz

16.Llyana Landes

17.Sally Nelson

18.Micky Duxbury

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Tuesday, July 26, 2022 MINUTES Page 16

19.Bob Herman

20.T. Anne Richards

21.Terry Toczynski

22.Alan K

23.Jane White

24.Antonio Guzman

25.Kevin James

26.Linda Kroll and Dennis Creek

27.Tanja Schlosser

28.Kathryn Ruiz

29.Save CC (Cesar Chavez Park)

30.Tom Reilly

31.Michele Ritterman

32.Lex Morris

33.Sharran Zeleke

34.Darah Daniels

35.Carl Dellar

36.Diana Bohn

37.Marcy Darnovsky

38.Ilya Ganelin

39.Susan Tomasello

40.Charles Wilson

41.Rachel Bradley

42.Kate Greswold

43.Ernest Isaccs

44.Ginny Garrett

45.Carlos Hill

46.Tamara Birdsall

47.Robert Blomberg (2)

48.Barbara Rydlander

49.dougdohrer@

50.City Manager’s Office (14)
IKE Kiosks

51.Elsa Tranter

52.Rebecca Dahlberg

53.Judith Brown

54.Judi Doyle

55.Lisa Titus

56.Vicki Sommer

57.Isabel Samaras

58.Heather Hernandez (2)

59.Betsy Bigelow-Teller

60.Karen Eisenstadt

61.Mimi Moungovan

62.Paul Jacobs

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Tuesday, July 26, 2022 MINUTES Page 17

63.Nancy Lichtenstein

64.Pat Hill

65.Cece Littlepage

66.Lisa Tsering

67.Roya Arasteh

68.Carol Vertel

69.Lissa Miner

70.Joan Hart

71.Diana Damonte

72.Karen Nierlich

73.Carol Bledsoe

74.Janet Coleman

75.Maulin Chokshi

76.Mayilyn Siegel

77.Soula Culver

78.Miranda Ewell

79.Morton Cohn

80.Sally Hughes

81.Judy Dale

82.Charles Siegel

83.Josephine Gallup

84.Karen Eisenstadt

85.Bryce Nesbitt

86.David Durbin

87.Susan Taylor

88.Todd Andrew
People’s Park

89.Summer Brenner

90.Shella Benevides, on behalf of Resources for Community Development Hopkins Street Corridor

91.Stephen Alpert

92.Rachel Bradley

93.Carol Benioff

94.Ann May

95.Sally Adams
Biking and Concrete Blobs

96.Maris Arnold
High Rises Destroying Our City of Berkeley

97.Carole Gill
1201-1205 San Pablo Avenue

98.Yvette Bozzini (2)

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Tuesday, July 26, 2022 MINUTES Page 18
Berkeley Federation of Teachers School Board Endorsements

99.Matty Meyer
Train Noise
100. Maria Kolakowska
101. Councilmember Kesarwani
Street Project Confusion at Prince and Dana
102. Dorothy Hale
Low Income Housing
103. Virginia Browning
104. Councilmember Harrison
Pedestrian Safety at the Intersection of Addison and Martin Luther King 105. Charles Siegel, on behalf of Walk Bike Berkeley
Crime in Berkeley
106. Dan Auten
Vacancy Tax
107. Diana Bohn
Berkeley Restaurant Inspections
108. David Lerman
Rodeway Inn Residents Trashing Neighborhood
109. Dolores Cortez
Pentagon Budget
110. Jack Kurzweil
Small Building Owners Paying for Large Developments
111. Dan Auten
Harriet Tubman Tenants Issues
112. M. Mendonca
Tenant Opportunity to Purchase Act
113. Paul Gumpel
114. Diana Bohn
115. Janice Schroeder
116. Ariana Thompson-Lastad
117. Patricia Hall
118. 21 similarly-worded form letters

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Tuesday, July 26, 2022 MINUTES Page 19
Supplemental Communications and Reports 1
Item #29: Surveillance Technology Report, Surveillance Acquisition Report, and Surveillance Use Policy for Automatic License Plate Readers 119. Revised material, submitted by Councilmember Harrison Item #31: Placing a Measure on the November 8, 2022 Ballot Amending the Rent Stabilization and Eviction for Good Cause Ordinance (B.M.C. 13.76) 120. Revised material, submitted by the City Attorney’s Office 121. Margery Lackman
122. Dand and Karen Williams-Null
123. Norma Harrison
124. Julieta Pisani McCarthy
125. Sharon Ptashek
126. Cris Benton
127. Jonathan Beck
128. Shua Chai
129. Suzanna Reiss-Koncar
130. Sasha Futran (2)
131. Michele Muennig
132. Sara Hartley
133. Erica Cleary
134. Marion Hunt
135. Susan Fritz
136. Jean Mudge
137. Lilana Spindler
138. Rosina Keren
139. Toni Mester
Item #32: Restoring and Improving Access to City of Berkeley Website and Archival Materials
140. David Lerman
141. Anne M.

Supplemental Communications and Reports 2
Item #17 Contract: AE3 Partners, Inc. for Architectural Services for the African American Holistic Resource Center
142. Eric Friedman
Item #30: Police Equipment & Community Safety Ordinance Impact Statements, Associated Equipment Policies and Annual Equipment Use Report 143. Supplemental material, submitted by the Police Accountability Board Item #31: Placing a Measure on the November 8, 2022 Ballot Amending the Rent Stabilization and Eviction for Good Cause Ordinance (B.M.C. 13.76) 144. Lilana Spindler
145. Keith Nickolaus

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Tuesday, July 26, 2022 MINUTES Page 20
146. Lisa Handwerker
147. Tobey M. Wiebe
148. Judy MacLean
149. Marguerite Talley
150. Sam Greenberg, on behalf of East Bay for Everyone, Telegraph for People, and Cal Berkeley Democrats
151. Sandra Smith
152. Lauren Schiller
153. Laura Webb
154. Chris Gilbert
155. Erica Cleary
156. Alison Simon
157. Chris Chen
158. Martha Kariv
159. Debbie Woods
160. Bryce Nesbitt
161. Daniel Frydman (2)
162. Rie Takahashi
163. Janice Schroeder
164. Elana Auerbach
165. Negeene Mosaed
166. Diana Bohn
167. Terri Saul
168. Anne Smith
169. May Kandarian
170. Julia Cato
171. Kate Harrison
172. Rachel Bradley
173. G Mathias Kondolf
174. Jeanne Clinton
Supplemental Communications and Reports 3
Item #17 Contract: AE3 Partners, Inc. for Architectural Services for the African American Holistic Resource Center
175. Toni Mester
Item #31: Placing a Measure on the November 8, 2022 Ballot Amending the Rent Stabilization and Eviction for Good Cause Ordinance (B.M.C. 13.76) 176. Paola Laverde
177. Julio Cato (2)
178. Sandy Hrdlicka
179. Suzanne Joi
180. Kathleen Lee Verani
181. Vanessa Marrero
182. Charlie Benton
183. James Furuichi

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Tuesday, July 26, 2022 MINUTES Page 21
184. Jesus Mejia
185. Claudia Benton
186. Scott Curtin
187. Martine Glaros
188. Ayden Winter
189. Jo Ann Driscoll
190. Margery Lackman
191. Vivian Yu
192. Roger Hallsten
193. Ana Perches Perez
194. Ocea Savage
195. Alison Lingo
196. Chana Kronfeld
197. Anne Smith
198. Dobee Snowber
199. Vivian Yu
200. Andy DeGiovanni
201. Yvonne Weiss
202. Arthur Corelli
203. Berkeley Tenants Union
204. Karen Gosling
205. Carole Pertofsky
206. Sarah Baughn
207. Mary Richerson
208. Ira Serkes
209. Yvonne Burgress
210. Andrea Mullarkely, on behalf of SEIU 1021
211. James Corr
212. Julieta Pisani McCarthy
213. Caroline Woods-Mejia
214. Beth Auclair
215. Mary West
216. Sandra Fini
217. Michael Frantz
218. Dana Gerstein
219. H. DeMarco
220. Devyani Jain and Tanu Sankalia
221. Deborah Machta
222. Dana Perls
223. Jacqueline Zeigler
224. Erin Chalmers
225. Ellen Kramer
226. Fentress Hill
227. Keith Nickolaus
228. Crystal Brunzell
229. Steven Lipson

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Wednesday, August 3, 2022 MINUTES Page 1

M I N U T E S

S P E C I A L M E E T I N G O F T H E

B E R K E L E Y C I T Y C O U N C I L
Wednesday, August 3, 2022
9:00 AM

JESSE ARREGUIN, MAYOR
Councilmembers:

VIDEOCONFERENCE AND TELECONFERENCE
Pursuant to Government Code Section 54953(e) and the state declared emergency, this meeting of the City Council will be conducted exclusively through teleconference and Zoom videoconference. The COVID-19 state of emergency continues to directly impact the ability of the members to meet safely in person and presents 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 URL https://us02web.zoom.us/j/81806496183. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To 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: 818 0649 6183 . If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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.

Attachment 7

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Wednesday, August 3, 2022 MINUTES Page 2
Preliminary Matters
Roll Call: 9:07 a.m.

Present: Kesarwani, Taplin, Bartlett, Harrison, Hahn, Wengraf, Robinson, Arreguin

Absent: Droste
Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 5 speakers.

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

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

1. Additional Allocation of Measure P Funding to “Step Up Housing” Project From: Councilmember Bartlett (Author), Councilmember Wengraf (Co- Sponsor), Councilmember Kesarwani (Co-Sponsor)
Recommendation: Adopt a Resolution allocating an additional $114,660 per year for 10 years, from Measure P transfer tax receipts to support the increased costs for the lease and operation of a new permanent supportive housing project for the unhoused at the Step-Up Housing Project at 1367 University Avenue. In addition, refer to the next meeting of the Budget and Finance Policy Committee to confirm the availability of requested funding.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: 1) Referred to the Budget & Finance Committee to consider future General Fund needs for this project and confirm availability of funds for the operating budget. 2) Adopted Resolution No. 70,491–N.S. with an amended first Resolved clause as written below.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the following be approved for the StepUp Housing at 1367 University Ave:
 A reservation of approximately an additional $114,660 year in ongoing funds annually for 10 years for the leasing and operation of the proposed project, with funding adjusted annually based on the Consumer Price Index for Oakland-Hayward- Berkeley, CA.
 Funding may be from Measure P and/or the General Fund  In the event BOSS is unable to perform its function as the service provider, an alternative qualified service provider may operate the project with the review and approval of the City Manager, or her designee.
 Further, the City’s commitment is contingent upon the funding of the balance of the project.
 Owner agrees to grant the City option to buy property after one year, at a cost not to exceed $15,000,000 should Boss choose not to exercise its option.

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Action Calendar
Wednesday, August 3, 2022 MINUTES Page 3

2. Placing a General Obligation Bond Measure on the November 8, 2022 Ballot for Affordable Housing, Climate Change Resiliency, Wildfire Protection, and Other Public Infrastructure Improvements (Continued from July 26, 2022) (Item contains revised material)
From: City Manager
Recommendation:

1. Adopt a Resolution determining public interest and necessity for issuing a general obligation bond in the amount of either $600 million or $650 million for affordable housing, climate change resiliency, wildfire protection, and other public infrastructure improvements, submitting to the Berkeley electorate on the November 8, 2022 ballot a measure to authorize a general obligation bond in that amount, and finding that the proposed measure is not a project under the California Environmental Quality Act.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: 26 speakers. M/S/C (Arreguin/Kesarwani) to:

1. Adopt Resolution No. 70,492–N.S. as submitted by the Mayor in Supplemental Communications Packet #2, and as further amended below, determining public interest and necessity for issuing a general obligation bond in the amount of $650 million for affordable housing, climate change resiliency, wildfire protection, and other public infrastructure improvements, submitting to the Berkeley electorate on the November 8, 2022 ballot a measure to authorize a general obligation bond in that amount, and finding that the proposed measure is not a project under the California Environmental Quality Act.
 Amended to add language in section B.2. of the third resolved clause regarding funds for traffic safety.
 Amended the ballot question to read as written below.

Shall the measure to create affordable housing; repair streets and sidewalks; underground utilities; and enhance buildings, infrastructure, and safety, authorizing the issuance of $650 million in general obligation bonds, subject to independent oversight and audits, be adopted?
Financial Implications
Median annual cost over the projected 48-year period bonds are outstanding is approximately $40.91 for every $100,000 or $265 for the average assessed home value of $647,000; raising approximately $25,000,000/year.  Amended to add clarification of the “mean” cost in the Tax Rate Statement and make other corresponding changes to the Tax Rate Statement text.

2. Designate Mayor Arreguin and Councilmembers Hahn, Wengraf, and Kesarwani to file ballot measure arguments on behalf of the City Council on this measure.

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

Recess 12:06 p.m. – 12:22 p.m.

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Action Calendar
Wednesday, August 3, 2022 MINUTES Page 4

3. Placing a General Tax Measure on the November 8, 2022 Ballot to Tax Vacant Residential Units (Continued from July 26, 2022) (Item contains revised material) From: City Manager
Recommendation:

1. Adopt a Resolution submitting a ballot measure to tax vacant residential units to a vote of the electors at the November 8, 2022 General Municipal Election.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: See report
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: 37 speakers. M/S/C (Arreguin/Harrison) to:

1. Adopt Resolution No. 70,493–N.S. as revised in the agenda packet materials from Vice-Mayor Harrison and further amended at the meeting in Sections 7.54.060,

7.54.050, 7.54.070, 7.54.040 paragraphs F and I, and amending the ballot question to read as noted below.

Shall the measure to tax property owners who keep residential units vacant more than 182 days per year, $3,000 for each nonexempt condominium, duplex, single family dwelling, or townhouse vacant unit in the first year, increasing to $6,000 for each subsequent year, and $6,000 for all other residential units vacant in the first year, increasing to $12,000 for each subsequent year, with exceptions, from January 1, 2024 to December 31, 2034, generating between $3,900,000 and $5,900,000 annually, be adopted?

2. Designate Vice-Mayor Harrison and Councilmember Robinson to file ballot measure arguments on behalf of the City Council on this measure.

Vote: Ayes - Bartlett, Harrison, Hahn, Robinson, Arreguin; Noes – Wengraf; Abstain – Kesarwani, Taplin; Absent – Droste.

Recess 2:27 p.m. – 2:43 p.m.

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Action Calendar
Wednesday, August 3, 2022 MINUTES Page 5

4. Placing a Measure on the November 8, 2022 Ballot Amending the Rent Stabilization and Eviction for Good Cause Ordinance (B.M.C. 13.76) (Item contains revised material)
From: 4 x 4 Joint Committee on Housing City Council/Rent Board Recommendation:

1. Adopt a Resolution placing the proposed amendments to the Rent Stabilization and Eviction for Good Cause Ordinance on the ballot of the November 8, 2022 General Municipal Election.

2. Designate, by motion, specific members of the Council to file ballot measure arguments on this measure as provided for in Elections Code Section 9282.

Financial Implications: See report
Contact: Matt Brown, Rent Stabilization Board, (510) 981-7368 Recess 4:46 p.m. – 4:52 p.m.

Action: 44 speakers. M/S/C (Harrison/Bartlett) to include #3 from the Rent Board proposal regarding suspension of rent control in the ballot measure.

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

Councilmember Hahn absent 2:27 p.m. – 5:09 p.m.

Action: M/S/Failed (Harrison/Bartlett) to include #1 from the Rent Board proposal regarding newly constructed units in the ballot measure.

Vote: Ayes – Bartlett, Harrison, Robinson, Arreguin; Noes – Wengraf; Abstain – Kesarwani, Taplin; Absent – Hahn, Droste.

Action: M/S/Carried (Taplin/Kesarwani) to take no action on Agenda Item 4.

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

Adjournment
Action: M/S/C (Arreguin/Wengraf) to adjourn the meeting.

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

Adjourned at 5:09 p.m.

I hereby certify that the foregoing is a true and correct record of the special session meeting held on August 3, 2022.
________________________
Mark Numainville, City Clerk

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Wednesday, August 3, 2022 MINUTES Page 6
Communications
Item #3. Placing a General Tax Measure on the November 8, 200 Ballot to Tax Vacant Residential Units

1. Barbara Gilbert

2. Lynnda Ohama

3. Harvey Sharp

4. Jim Furuichi

5. Adriel Hampton

6. Carole Marasovic
Item #4. Placing a Measure on the November 8, 2022 Ballot Amending the Rent Stabilization and Eviction for Good Cause Ordinance (B.M.C. 13.76)

7. Elaine Bloom

8. Michael O’Heaney
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #2: Placing a General Obligation Bond Measure on the November 8, 2022 Ballot for Affordable Housing, Climate Change Resiliency, Wildfire Protection, and Other Public Infrastructure Improvements

9. Supplemental material, submitted by councilmember Taplin

10.Revised material, submitted by Finance

11.Supplemental material, submitted by Mayor Arreguin
Item #3: Placing a General Tax Measure on the November 8, 2022 Ballot to Tax Vacant Residential Units

12.Barbara Gilbert

13.Berkeley Tenants Union

14.Walter Wood

15.Rie Takahashi

16.Toni Mester

17.Michael Brown

18.Sydney Ji

19.Karin Wertheim

20.May Kandarian
Item #4: Placing a Measure on the November 8, 2022 Ballot Amending the Rent Stabilization and Eviction for Good Cause Ordinance (B.M.C. 13.76)

21.Sanders Political Law

22.Barbara Gilbert

23.Gail Martin

24.Berkeley Tenants Union

25.Toni Mester

26.Francie Maguire

27.Erica Cleary

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Supplemental Communications and Reports 3
Item #2: Placing a General Obligation Bond Measure on the November 8, 2022 Ballot for Affordable Housing, Climate Change Resiliency, Wildfire Protection, and Other Public Infrastructure Improvements

28.Geoff Lomax (3)

29.Henry Oyekanmi

30.Tom Lent

31.Eric Friedman

32.Isabelle Gaston

33.Derethia DuVal

34.Thomas Luce

35.Josh Buswell-Charkow

36.Barbara Gilbert
Item #3: Placing a General Tax Measure on the November 8, 2022 Ballot to Tax Vacant Residential Units

37.Warren Pottebaum

38.Jack Kurzweil, on behalf of the Wellstone Democratic Renewal Club

39.Cecilia Lunaparra, on behalf of the Cal Berkeley Democrats

40.Chimey Lee

41.Igor Tregub, on behalf of the Alameda County Democratic Party

42.Barbara Gilbert (2)
Item #4: Placing a Measure on the November 8, 2022 Ballot Amending the Rent Stabilization and Eviction for Good Cause Ordinance (B.M.C. 13.76)

43.Jo Ann Driscoll

44.Keith Nickolaus

45.Bryce Nesbitt

46.Scott Curtin (2)

47.Daniel Frydman

48.Dawn Thomas

49.Sarah Valor

50.Cheryl Newbrough

51.Erin Chambers

52.Shua Chai

53.Keith Nickolaus

54.Barbara Gilbert (2)

55.Councilmember Harrison

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CONSENT CALENDAR
September 13, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: LaTanya Bellow, Deputy City Manager
Subject: Contract: Municipal Resource Group for Addressing Impacts Resulting from Great Resignation

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract, with any amendments, with Municipal Resource Group (MRG) for professional services needed to respond to the impacts within the City as a result of the Great Resignation1. Total contract direct costs will not exceed $87,675.

FISCAL IMPACTS OF RECOMMENDATION
The anticipated expenditure for the work provided under this contract is $87,675, as demonstrated in the table below. Funding for a portion of the work anticipated to be performed under this contract is available in the City Manager’s Office FY 2023 budget in the General Fund (Fund 011). The additional funding in the amount of $67,675 will be recommended for appropriation through the first amendment to the appropriations ordinance in the General Fund (Fund 011).

Deliverable Cost
Kickoff meeting $2,500
Best practices review $5,000
Conduct meetings (onsite) $40,000
Facilitate strategy session $8,000
Develop draft recommendations $7,500
Review draft recommendations $2,500
Present draft recommendations to Council $4,000
Prepare final recommendations $1,500
Travel and expenses $12,500
5% Contingency $4,175
1 The “Great Resignation” is an ongoing economic trend whereby many employees are voluntarily leaving (i.e., resigning) their places of employment.

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Approve Expenditure Contract for Consultant CONSENT CALENDAR September 13, 2022

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Total $87,675
Projected contract costs total $83,500. Due to potential variability in some of the costs, the not-to-exceed contract cost includes a five percent contingency, resulting in a total recommended not-to-exceed cost of $87,675.

CURRENT SITUATION AND ITS EFFECTS
The work under this contract would directly support our City’s Strategic Plan goal to attract and retain a talented and diverse City government workforce. The COVID-19 pandemic continues to have myriad impacts on our community and the world—including the phenomenon known as the Great Resignation. The Great Resignation is a term used to describe a recently developed and ongoing trend of employees voluntarily leaving their places of employment. Traditional means of recruiting, retaining, and engaging employees are proving insufficient to address this trend. Jurisdictions around the country, including the City of Berkeley, need to understand this trend and associated changes, identify and tailor methods of recruiting, retaining and engaging employees, and to plan for future workforce development. Employers that are not acknowledging this trend and quickly adapting may be at danger of losing excellent employees and being unable to retain or compete for top talent.

BACKGROUND
On September 4, 2018, the City of Berkeley engaged into a contract with Municipal Resource Group (MRG) for a Human Resources Departmental Assessment. The contract was subsequently extended through June 2021. During the course of assessment, MRG gained knowledge and background and contextual understanding of the City organization and workforce. For the purposes of continuity and consistency, it is in the City’s best interest to utilize MRG for the next phase of Human Resources adaptations and improvements. MRG should be able to quickly build upon its past work in the City and develop recommendations for how to adapt Human Resources methods and practices to best address the Great Resignation.

There is a need for this work to begin immediately. The City organization is already experiencing some impacts from the Great Resignation, as evidenced in high vacancy rates citywide.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Through remote work and relying heavily on technology, the City will minimize purchase of consumable items, such as paper and toner, and by minimizing travel related to this work, will be able keep the City’s carbon footprint to a minimum.

RATIONALE FOR RECOMMENDATION
Allowing the City Manager to enter into a contract with MRG for addressing impacts resulting from the Great Resignation has numerous advantages:

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Approve Expenditure Contract for Consultant CONSENT CALENDAR September 13, 2022

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 Based upon past work references and experience, staff has found MRG to be a good fit for the City organization.
 Having recent experience with the City organization, particularly the Human Resources department, MRG will be able to quickly leverage that knowledge to provide actionable recommendations.
 Actionable recommendations will give the City the ability to pivot and adapt to address the impacts of the Great Resignation and improve recruitment and retention.
 Addressing the impacts of the Great Resignation now will put the City slightly “ahead of the curve” among its peers and other local jurisdictions, increasing its competitiveness as an “employer of choice”.
 Using this trend as an opportunity for long range planning, MRG’s work and recommendations will help the City prepare for future workforce development.

ALTERNATIVE ACTIONS CONSIDERED
The City may choose to pursue no action. A lack of action or postponing action will likely result in continued workforce impacts from the Great Resignation.

CONTACT PERSON
LaTanya Bellow, Deputy City Manager, City Manager’s Office, 510-981-7012 Attachments:
1: Resolution

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

CONTRACT: MUNICIPAL RESOURCE GROUP FOR PROFESSIONAL SERVICES TO

RESPOND TO THE IMPACTS OF THE GREAT RESIGNATION
WHEREAS, the City of Berkeley contracted with Municipal Resource Group to conduct a Human Resources department assessment; and
WHEREAS, Municipal Resource Group has recent and relevant experience, knowledge and background with and of the City organization; and
WHEREAS, the City organization is experiencing workforce impacts from the Great Resignation and seeks recommendations for the Human Resources department to best address those impacts; and
WHEREAS, for the purposes of continuity and consistency it is in the best interest of the City to utilize Municipal Resource Group for the next phase of Human Resources department adaptations and improvements.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a professional services contract, including any amendments, with Municipal Resource Group to respond to the impacts of the Great Resignation, for direct costs of $87,675, funded by the General Fund.

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CONSENT CALENDAR
SEPTEMBER 13, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Peter Radu, Assistant to the City Manager Subject: Contract No. 32100053 Amendment: Orsolya Kuti, DVM to Provide On-site Veterinary Services for Berkeley Animal Care Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32100053 with Orsolya Kuti for on-site veterinary services for Berkeley Animal Care Services, increasing the contract amount by $8,000 for a new total not to exceed amount of $228,000, and extending the contract term to September 14, 2023.

FISCAL IMPACTS OF RECOMMENDATION
Berkeley Animal Care Services regularly contracts with a Doctor of Veterinary Medicine (DVM) to provide veterinary services two days per week onsite at the Dona Spring Animal Shelter. The amended contract will be extended through September 14, 2023. $188,000 will come from the Berkeley Animal Care Services General Fund budget code 011-21-203-000-0000-000-424-612410. In April 2021, the Friends of Berkeley Animal Care Services donated $4,800 to be used for on-site veterinary care and agreed to donate additional funds as needed in $5,000 increments for an amount not to exceed $40,000. The donation funds for the contract will be appropriated as they are received by the City.

Annual funds for the contract are subject to Council approval of the future budgets and the Annual Appropriations Ordinances.

CURRENT SITUATION AND ITS EFFECTS
In September 1, 2020, the City of Berkeley entered into a three-year contract ending August 31, 2023 with Orsolya Kuti, DVM to provide on-site veterinary care at the Dona Spring Animal Shelter. The current contract specifies the hourly rate of pay as $75.00 per hour. In March of 2023, the California Animal Welfare Organization released a survey indicating that the average rate of pay for veterinarians in animal shelter is $84.79 per hour, which indicated that the hourly rate of pay for the contracted veterinarian is below the current market rate of pay.

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Contract: Orsloya Kuti, DVM for On-site veterinary services September 13, 2022

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BACKGROUND
BACS is a full-service municipal animal care and control agency, enforcing local and state laws throughout the City of Berkeley (COB) and the City of Albany. BACS is also contracted to shelter animals for the cities of Emeryville and Piedmont. BACS is an open-door facility accepting approximately 1,700 stray and homeless animals annually.

BACS has a constant influx of animals that need to receive affordable veterinary care, treatment and spay/neuter services. The BACS shelter is open to the public seven days a week to receive stray, surrendered and confiscated animals. Additionally, field services are provided seven days week during which Animal Control Officers impound stray, surrendered and confiscated animals. Many animals arrive at the shelter sick or injured and in need of immediate veterinary care. On-site veterinary services include, but are not limited to: examining and diagnosing shelter animals, treating sick or injured animals, performing spay/neuter surgeries, performing other routine surgeries.

In order to adhere to the BACS Euthanasia Policy and to maintain the current high live release rate of 90%, sick or injured animals must obtain necessary treatment so that they have a much better chance of rescue or adoption.

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

RATIONALE FOR RECOMMENDATION
Orsolya Kuti is a local veterinarian who has practiced veterinary medicine since 2014 and has specialized in animal shelter medicine since 2017. Dr. Kuti’s experience and expertise in shelter medicine require an hourly rate of pay consistent with the industry standard.

ALTERNATIVE ACTIONS CONSIDERED
The alternative to engaging in a contract amendment with with Dr. Kuti is to continue using Dr. Kuti on a per diem basis. The limit of spending for per diem veterinarian is $5,000 within a Fiscal Year. The need for on-site veterinary services is 16 hours per week and the cost of veterinary services needed would exceed the limit of permitted spending for per diem vendors in sixty (60) days.

CONTACT PERSON
Amelia Funghi, Animal Services Manager, (510) 981-6603
Attachments:
1: Resolution

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

CONTRACT NO. 32100053 AMENDMENT: ORSOLYA KUTI, DVM TO PROVIDE ON-

SITE VETERINARY SERVICES FOR BERKELEY ANIMAL CARE SERVICES WHEREAS, BACS has a constant influx of animals that need to receive immediate and affordable veterinary care and treatment; and
WHEREAS, sick or injured animals that obtain necessary procedures and/or treatment/s have a much better chance of rescue or adoption; and
WHEREAS, it is necessary to provide veterinary care and oversight on the premises for 16 hours per week; and
WHEREAS, Dr. Orsolya Kuti is a highly qualified veterinarian with extensive experience and expertise shelter medicine; and
WHEREAS, Friends of Berkeley Animal Care Services will donate an amount not to exceed $40,000 in FY 2023; and
WHEREAS, the contract will be funded as a General Fund allocation and will be subject to the City’s annual appropriation process.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32100053 with Orsolya Kuti for on-site veterinary services for Berkeley Animal Care Services (BACS), increasing the contract amount by $8,000 for a new total not to exceed amount of $228,000, and extending the contract term to September 14, 2023.

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

CONSENT CALENDAR
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: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 13, 2022

RECOMMENDATION
Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Total estimated cost of items included in this report is $440,000.

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and PROJECT Fund Source Amount
Aquatic Park Trail Sculpture
Public Art Project 148 Cultural Trust $350,000
Covid-19 Resiliency-Youth
Ambassador Program. 350 Bio-Terrorism Grant $90,000
Total: $440,000

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Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council September 13, 2022 Approval on September 13, 2022
upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

BACKGROUND
On May 6, 2008, Council adopted Ordinance No. 7,035-N.S., amending the City Manager’s purchasing authority for services.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Finance Department reviews all formal bid and proposal solicitations to ensure that they include provisions for compliance with the City’s environmental policies. For each contract that is subject to City Council authorization, staff will address environmental sustainability considerations in the associated staff report to City Council.

RATIONALE FOR RECOMMENDATION
Need for the services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Darryl Sweet, General Services Manager, Finance, 510-981-7329 Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 13, 2022
a. Aquatic Park Trail Sculpture Public Art Project
b. COVID-19 Resiliency-Youth Ambassador Program
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

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NEXT 30 DAYS
DATE SUBMITTED: September 13, 2022
Attachment 1
1 of 1

SPECIFICATI
ON NO.

DESCRIPTION

OF GOODS /

SERVICES
BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX.

BID

OPENING
DATE

INTENDED USE ESTIMATED COST BUDGET CODE TO BE

CHARGED
DEPT. / DIVISION CONTACT
NAME &
PHONE
23-11541-C Aquatic Park
Trail Sculpture
Public Art Project
9/14/2022 11/1/2022 This opportunity is for an
artist to create a series of
permanent, sculptural
artworks at various
locations along Aquatic
Park Trail and Bolivar
Drive.

Aquatic Park Trail is a 2.3-
mile pedestrian and bicycle
path that loops around the
park’s lagoon.

Bolivar Drive between
Addison Street to
Dreamland Playground in
Aquatic Park is undergoing
a renovation in conjunction
with the development at
600 Addison Street.
$350,000 148-21-208-252-0000-000-
446-612990-
City Managers
Office/Office of
Economic
Development/Civic
Arts
Zoe Taleporos
981-7538
Dept TOTAL $350,000
23-11542-C COVID-19
Resiliency-Youth
Ambassador
Program.
9/12/2022 10/13/2022 Single contract with
community based
organization or individual to
increase equitable
outreach and support
related to the COVID-19
pandemic through the
Youth COVID Ambassador
program.
$90,000
One time COVID-19
Workforce Development
Grant, funds must be
expended by June 30, 2023.
350-51-501-503-2075-000-
451-612990
HHCS/ Office of
the Director/Public
Health Officer
Unit/COVID
Response Team
Katharine
Sullivan
510-981
Dept TOTAL $90,000
TOTAL $440,000.00

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CONSENT CALENDAR
September 13, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing and Community Services Subject: Request for Proposal for Project Homekey

RECOMMENDATION
Adopt a Resolution authorizing City Manager to:

1. Release a Request for Proposals (RFP) for a Homekey Round 3 Project; and

2. Consider a reservation of up to $8.5M in General Funds collected pursuant to Measure P, and/or other funding source, to support a future Homekey project.

FISCAL IMPACTS OF RECOMMENDATION
The RFP may lead to the selection of a Homekey project which would require a local match of City funds, estimated at approximately $8.5M in order to be feasible. The City could allocate current and future years of Measure P funding already earmarked for permanent supportive housing for unhoused residents, or other City sources that may be available to support the acquisition, rehabilitation, and/or supportive services for a future Homekey project. Staff will return to City Council with a detailed recommendation for a specific project and funding required to submit an application to the State for Homekey funding.

CURRENT SITUATION AND ITS EFFECTS
In anticipation of the State of California Housing and Community Development (the “State”) releasing a Notice of Funding Availability (NOFA) for Homekey Round 3 funds later this year, staff plan to release a Request for Proposals (“RFP”), to select projects that meet the Homekey Program requirements and the City goals. The State Homekey Program provides government entities funding to purchase and rehabilitate housing, including hotels, motels, vacant apartment buildings, and other buildings and convert them into interim or permanent, long-term housing. Under the Homekey Program, local entities partner with the State to offer this housing to people experiencing homelessness or who are at risk of becoming homeless and who are impacted by the COVID-19 pandemic.

In order to increase the chance of having a successful project in Berkeley, staff recommend:

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Request for Proposal for Project Homekey CONSENT CALENDAR September 13, 2022

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1. Considering a local funding commitment of up to $8.5M, or up to $100,000 per unit from General Funds collected pursuant to Measure P or another local source. This will leverage the maximum state funding.

2. Expediting the RFP process timeline, by forgoing a Commission meeting if needed to ensure an early application submission. This will increase the chance of receiving state funds, which are awarded on a rolling basis.

If and when the State releases its Homekey Round 3 NOFA (anticipated in Fall 2022), the City will issue an RFP inviting organizations to submit a proposal for a specific property and be a joint applicant with the City for the State Homekey application. The City’s Homekey RFP will solicit proposals for a specific property and staff expect that bidders will request funds from the City.

In addition to General Fund, the City could also consider using State and Local Fiscal Recovery Funds (SLFRF), if any are available, so long as any required environmental review fits within the State’s application timeline.

Issuing an RFP for a Homekey project is a Strategic Plan Priority Project, advancing our goal to create affordable housing and housing support services for our most vulnerable community members.

BACKGROUND
In July 2020, the State of California Department of Housing and Community Development (the “State”) established its Homekey Program1 and released a first NOFA for the program. It released its second NOFA in September 2021, and is expected to issue a third NOFA in Fall 2022.

Partnering with a qualified affordable housing developer to identify a Homekey project is an opportunity for the City to make an immediate impact on creating long-term, permanent supportive housing for Berkeley; leveraging limited City funds with State funds created specifically for this purpose. Per the Homekey requirements, residents will have extremely low incomes (ELI, defined as up to 30% of the Area Median Income) and have experienced homelessness or be at risk of homelessness. To ensure long- term affordability of these units, the City will record a 55-year regulatory agreement on property. Since the purpose of the State Homekey program is to mitigate the spread of COVID-19 among the homeless, the preference is to serve those who are experiencing homelessness. If COVID-19 is no longer a prevalent illness in the future, the requirement to serve households impacted by COVID-19 may be eliminated.

If Council approves, the City will partner with a developer and submit a joint application for one Homekey Project. Per the second Homekey NOFA issued in September 2021, the State required applicants to demonstrate a 5-year commitment of operating funds; 1 For more information, see: https://www.hcd.ca.gov/grants-funding/active-funding/Homekey.shtml

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Request for Proposal for Project Homekey CONSENT CALENDAR September 13, 2022

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two years of which could be requested as part of the Homekey application from the State General Fund. The State also required a 1:1 match for acquisition/construction costs over $200,000 per unit for projects serving chronically homeless households. The State’s matching funds would provide up to an additional $100,000 per unit. Assuming the match requirements stay the same, the total amount of funds available for chronic homeless units would be $300,000 per unit. The RFP will include criteria pertaining to an applicant’s ability to secure non-City sources for these match funds. Staff recommends that the City also be prepared to commit local funds to help meet the match requirements of the State Homekey program, if needed.

While the City cannot, at this time, state the amount of funding it would commit to a project, the RFP will list any City funds available for acquisition, improvements, and/or services. After the RFP process, staff will submit a proposal to City Council for consideration of a Homekey project along with a request for City funds, and authorization to submit an application for State Homekey funding.

In 2021, the City released an RFP for Homekey Round 2, from which the City received a proposal from Bay Area Community Services (BACS) and Memar Properties for the Golden Bear Inn. The Golden Bear is a 44-room hotel located at 1620 San Pablo Avenue with a separate restaurant. A joint application was submitted to the State and the project received $16M of Homekey funding in addition to $8.5M from the City (a combination of Measure P and Permanent Local Housing Allocation funds). The hotel has already been renovated by the former owner, and the remaining improvements will include making rooms accessible and adding a new modular building with a community room and service office. The project will serve chronically homeless households, with services provided by BACS. The conversion of the hotel to housing is expected to be complete by early 2023.

Staff recommend using General Funds collected pursuant to Measure P to support a future Homekey Round 3 project.

General Funds collected pursuant to Measure P are available for a permanent supportive housing project such as Homekey. City Council allocated $2.5M in Measure P funds for permanent supportive housing in June 2020. Of this amount, Council subsequently set aside approximately $1M per year for the Step-Up Housing Program, leaving $1.5M available each year for a permanent supportive housing project. Staff recommend allocating four to five years, depending on availability (Fiscal Years 2022 through 2027) of Measure P funds for a Homekey project. However, depending on the cost and timing of a future acquisition, staff will also consider alternative possible funding sources should they become available and/or be more appropriate to the project, and return to Council with a more specific recommendation.

In the first two Homekey NOFAs, the State accepted applications and approved funding on a rolling basis until the funds were exhausted. To maximize its chance for a

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Request for Proposal for Project Homekey CONSENT CALENDAR September 13, 2022

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successful application, staff recommends expediting its RFP approval process. If time permits, staff will bring a recommendation for a Homekey project and funding to whichever Commission or Commissions have oversight over the proposed funding source prior to City Council review and approval.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable direct environmental sustainability or climate impacts associated with the adoption of this recommendation. A future Homekey project would involve reusing or re-purposing an existing hotel, motel, other residential or non- residential structure to permanent supportive housing. The work would entail rehabilitating the housing units to be more energy efficient, to the extent possible. If federal funds are used, staff would coordinate an environmental review, which includes recommendations for mitigating environmental impacts if needed.

RATIONALE FOR RECOMMENDATION
The State Homekey Program provides funding to convert existing buildings into permanent supportive housing. The City has the opportunity to leverage limited City funds with the State funds created for this purpose. By issuing this City Homekey RFP, the City can identify a viable project and developer partner to submit a joint application for Homekey funding if and when the State releases its Homekey NOFA.

ALTERNATIVE ACTIONS CONSIDERED
The City could forego this funding opportunity, which would not be consistent with the City’s Strategic Plan goal to provide housing opportunities. Theoretically, the City could act on its own to identify, purchase, rehabilitate and operate housing under Homekey, since funds are available to public entities. However, the City has not developed, owned or operated residential properties in the past and does not have the capacity to do so.

Therefore, staff recommend the approach outlined above.

CONTACT PERSON
Jenny Wyant, Senior Community Development Project Coordinator, HHCS, 981-5228 Attachments:
1: Resolution

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

ISSUING A REQUEST FOR PROPOSALS FOR A HOMEKEY PROJECT TO CREATE

LONG-TERM, PERMANENT SUPPORTIVE HOUSING
WHEREAS, the City of Berkeley (“City”) wishes to partner with a qualified housing developer to create permanent supportive housing for residents who are experiencing homelessness or at risk of homelessness; and
WHEREAS, in July 2020, the State of California Housing and Community Development (“State”) created the State Homekey Program and issued its first Notice of Funding Availability (NOFA) to fund the conversion of existing residential buildings, such as hotels, motels, other residential buildings and non-residential structures, to permanent supportive housing for residents who are homeless or at risk of being homeless and have been impacted by COVID-19; and
WHEREAS, in anticipation of the State issuing a third Homekey NOFA later this year, the City will issue a Request for Proposals (“RFP”) when the State releases Homekey Round 3 NOFA, to select applications for a specific property that meets Homekey requirements; and
WHEREAS, through the RFP the City will select a developer or development team with a specific property and be a joint applicant with the City if and when the State issues a third Homekey Program NOFA; and
WHEREAS, the State Homekey Program may require a match of local and private funds to maximize the amount of State Homekey funds awarded to a project; and WHEREAS, City staff have identified potential sources of City that may be used to fulfill the match requirement.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to issue a Request for Proposal (RFP) for a Homekey project in the City of Berkeley to create long-term, permanent supportive housing for residents who are homeless or are at risk of being homeless; and BE IT FURTHER RESOLVED that City Manager is hereby authorized to consider a funding request of up to $8.5 million from the project selected, and to return to Council with a funding recommendation.

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RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Tiana Sanchez International, LLC. (Contractor) to provide equity consulting services for the Department of Health, Housing and Community Services (HHCS) from October 1, 2021 to May 30, 2023 in an amount not to exceed $120,000.

FISCAL IMPACTS OF RECOMMENDATION
The term of this contract is from October 1, 2022 to May 30, 2023 in the amount of $120,000. Funding for the HHCS Equity Consulting project is available in the FY23 budget through a California Department of Public Health grant, the California Equitable Recovery Initiative, (CERI) ERMA Code 336-51-501-501-2075-000-451-612990.

CURRENT SITUATION AND ITS EFFECTS
The department’s equity work is a Strategic Plan Priority Project, advancing our goal to champion and demonstrate social and racial equity. The City of Berkeley issued an RFP to obtain consulting services to develop an equity framework to be adopted by HHCS, which will be the foundation for the creation of a Strategic Plan for Health Equity. The project has three deliverables: 1) determine how equity is approached and defined throughout the department; 2) recommend or develop an equity framework that will be adopted across the department; and 3) using this equity framework, facilitate development of a departmental strategic plan that is anchored in the adopted equity framework.

The City conducted RFP Specification No. 22-11529-C with proposals due no later than July 6, 2022. The City received two proposals. The selection committee was comprised of the HHCS Department Director, Deputy Director, and a program manager. An interview was conducted with the most qualified organization.

BACKGROUND
The City of Berkeley is a thriving community with considerable wealth, high levels of education attainment, and a rich culture that all contribute to a healthy community.

However, Berkeley is not a city where all people are living long and healthy lives and

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Contract: Tiana Sanchez International LLC for HHCS Equity Consultant CONSENT CALENDAR September 13, 2022

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achieving the highest possible level of health. In Berkeley, African American/Black and other people of color are more likely to die prematurely and experience a wide variety of adverse health conditions throughout their lives.

As reported in the 2018 City of Berkeley Health Status Report, higher incidence of disease is linked to neighborhoods that have been historically under-resourced and overexposed to unhealthy conditions. These neighborhoods have more people living in poverty and more people of color than surrounding neighborhoods. Like other jurisdictions, these historic and ongoing health inequities have been exacerbated by the impacts of the COVID-19 pandemic. Communities of color, specifically African American/Black and Hispanic/Latinx residents, have a higher COVID-19 positivity rate, hospitalizations, and deaths compared to White residents.

Since 2018, extensive work has been done by HHCS to analyze and identify solutions to overcome the underlying issues that perpetuate these health inequities. HHCS programs serve individuals who are most impacted in Berkeley and continue to make progress toward solving health inequities that have existed and been exacerbated by the COVID-19 pandemic.

In addition to these community programs, the divisions of HHCS have been conducting their own internal equity work. Solving these inequities involves a conscious effort to look at Department-wide systems and structures to define, codify, and systematize this work into a HHCS Strategic Plan for Health Equity. This Plan will include an adopted equity framework to guide Department-wide and Division-specific projects and systems, which will allow HHCS to achieve its overarching goal to create a City where all community members can achieve their highest level of health.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable environmental effects or opportunities associated with the action requested in this report.

RATIONALE FOR RECOMMENDATION
The City conducted a competitive bid process and Tiana Sanchez International, LLC successfully met the bid requirements and ranked highest among all bidders given their applicable experience working on similar projects with other jurisdictions in California.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Katherine “Katie” Hawn, Senior Management Analyst, HHCS, (510) 981-5411

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

CONTRACT: TIANA SANCHEZ INTERNATIONAL LLC FOR HEALTH HOUSING AND

COMMUNITY SERVICES EQUITY CONSULTING
WHEREAS, the City of Berkeley has issued an RFP to obtain consulting services for HHCS to create or recommend an equity framework which will then be used as the foundation to create a Strategic Plan for Health Equity; and WHEREAS, the City conducted RFP Specification No. 22-11529-C with proposals due no later than July 6, 2022; and
WHEREAS, the City received two proposals in response to this RFP; and WHEREAS, one finalist was invited to meet with the selection committee for a more in- depth review of their proposal and describe their past consulting work with other jurisdictions in California, resulting in the selection of Tiana Sanchez International LLC as the best qualified vendor.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments with Tiana Sanchez International LLC to provide consulting services to produce the deliverables to support the recommendation or creation of an equity framework for HHCS to support the development of a Strategic Plan for Health Equity from October 1, 2022 to May 30, 2023 in an amount not to exceed $120,000.

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RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900043 with Kings View Professional Services to provide mental health financial reporting services through June 30, 2024 in an amount not to exceed $220,628.

FISCAL IMPACTS OF RECOMMENDATION
Funds for the additional scope of work in the amount of $57,100 will be provided from Mental Health Realignment-Administration Account (ERMA GL 158-51-503-520-0000- 000-451-612990).

CURRENT SITUATION AND ITS EFFECTS
Kings View Professional Services has provided reliable reporting services to the Mental Health Division for more than three years. In addition to processing Medi-Cal Administrative Activities (MAA) quarterly claims, they have produced annual cost reports; including collaborating with Alameda County to submit the completed reports to the necessary agencies. The production of these reports directly supports the operation of the City’s Mental Health programs. The additional funding requested in this report will allow Kings View to complete this work for the next two fiscal years.

BACKGROUND
Specialized reporting for MAA quarterly claims is necessary to be in compliance with local, state, and federal agencies regarding mandatory reporting requirements. The California Department of Healthcare Services, the Centers for Medicaid and Medicare, and other agencies associated with the oversight of financial reporting by Counties and Cities prescribe specific forms and documentation for all submissions. In addition, Alameda County requires cost reports for each fiscal year, including total units of service by mode and service function code and identified by funding source.

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Contract No. 31900043 Amendment: Kings View Professional Services CONSENT CALENDAR for Mental Health Reporting Services September 13, 2022

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In order to remain in compliance with these and other agencies, the City’s Mental Health Division must produce specialized financial reports. Utilizing a contract with vendor Kings View Professional Services, an expert firm in this field, ensures precision due to their particular familiarity with this type of reporting. Retaining specialized financial expertise helps the City maximize revenues for service provided and minimize any risk of recaptured funds.

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

RATIONALE FOR RECOMMENDATION
Kings View Professional Services has demonstrated specialized expertise and performance in mental health financial reporting requirements. Their services ensure that the City remains in compliance with funder requirements and sustains these vital funding streams.

ALTERNATIVE ACTIONS CONSIDERED
As an alternative action, Council could instead direct staff to circulate a formal RFP to competitively solicit a different vendor, or to not fund this service altogether. Since King View is already familiar with City programs and has performed well under the existing contract these approaches are not recommended.

CONTACT PERSON
Conor Murphy, Assistant Management Analyst, HHCS, 510-981-7611 Jeff Buell, Manager of Mental Health Services, HHCS, 510-981-7682 Attachments:
1: Resolution

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

CONTRACT NO. 31900043 AMENDMENT: KINGS VIEW PROFESSIONAL SERVICES

FOR MENTAL HEALTH FINANCIAL REPORTING SERVICES
WHEREAS, on December 1, 2018, the City of Berkeley entered into Contract No. 31900043 with Kings View Corporation for mental health reporting services in an amount not to exceed $29,507 for the period December 1, 2018 to November 30, 2019; and WHEREAS, this contract was previously amended on May 1, 2019, to increase the total contract amount by $16,132 for a total amount of $45,639 and to extend the expiration date to June 30, 2020; and
WHEREAS, on June 16, 2020 by Resolution No. 69,450-N.S., City Council approved amending Contract No. 31900043 through June 30, 2022 for a total amount of $106,428; and
WHEREAS, Kings View Professional Services has specific expertise in mental health compliance and financial reporting requirements, and are very familiar with the unique needs of the City; and
WHEREAS, funds are available to perform this work in the current year budget in the Mental Health Realignment-Administration Account, numbered 158-51-503-520-0000- 000-451-612990.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to execute an amendment to the contract with Kings View Professional Services for Mental Health reporting services for a total not to exceed $220,628, through June 30, 2024. A record signature copy of said contract to be on file in the City Clerk Department.

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CONSENT CALENDAR
September 13, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Dr. Lisa Warhuus, Director, Health, Housing & Community Services Subject: Accept Future of Public Health Funds from the State of California

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to submit grant agreements to the State of California, to accept the grants, and to execute any resultant revenue agreements and amendments for the Future of Public Health program for an amount of $912,213 for the Fiscal Year 2023.

FISCAL IMPACTS OF RECOMMENDATION
The City’s award for FY2023 is $912,213, which will need to be expended by June 30, 2024. Funds will be expended from ERMA account HHOFPH2301 (302-51-501-501- 0000-000-451- various) and revenue will be received in 302-51-501-501-0000-000-451- 432110-. HHCS staff will request to add these funds to the FY2023 budget in AAO#1.

CURRENT SITUATION AND ITS EFFECTS
The State’s Budget Act of 2022 created a new funding stream called the Future of Public Health, intended to support and grow California’s public health infrastructure.

The funds are in the budget baseline and are planned to be an ongoing source of funding. As a local public health jurisdiction, the City is entitled to a base award of $350,000 and additional funds awarded by formula. At least 70% of funds must be spent on permanent City staff costs and training, and up to 30% can be used for equipment, supplies and other administrative costs.

The funding comes with certain requirements, including the submission of a public health improvement plan, the use of evaluation and Results Based Accountability to measure success, and staff participation in specified regional public health groups.

The City’s public health activities are a Strategic Plan Priority Project, advancing our goals to champion and demonstrate social and racial equity and to be a customer- focused organization that provides excellent, timely, easily-accessible service and information to the community.

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Accept Future of Public Health Funds from CONSENT CALENDAR the State of California September 13, 2022

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BACKGROUND
The vast majority of the City’s health funding grants support strictly defined health activities and services and come with extensive reporting requirements. In contrast, the Future of Public Health funds can be used relatively flexibly to support the City’s infrastructure to plan, coordinate and deliver programs to address specific local needs, most notably reducing public health disparities.

The City of Berkeley is a thriving community with considerable wealth, high levels of education attainment, and a rich culture that all contribute to a healthy community.

However, Berkeley is not a city where all people are living long and healthy lives and achieving the highest possible level of health. In Berkeley, African American/Black and other people of color are more likely to die prematurely and experience a wide variety of adverse health conditions throughout their lives.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no environmental impacts associated directly with accepting public health funding.

RATIONALE FOR RECOMMENDATION
Accepting these funds will allow the City to grow its infrastructure for public health.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Amy Davidson, Deputy Director, HHCS, (510) 981-5406
Attachments:
1: Resolution

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

ACCEPTING STATE OF CALIFORNIA FUTURE OF PUBLIC HEALTH FUNDS WHEREAS, the City of Berkeley has been a public health jurisdiction for more than one hundred years; and
WHEREAS, in Berkeley communities of color, specifically African American/Black and Hispanic/Latinx residents continue to experience disparate health outcomes, which have been exacerbated by the COVID-19 pandemic; and
WHEREAS, in recognition of public health needs throughout California the state budget established funds for the Future of Public Health program; and WHEREAS, as a public health jurisdiction the City is eligible to receive an allocation of Future of Public Health funds.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to submit grant agreements to the State of California, to accept the grants, and execute any resultant revenue agreements and amendments for the Future of Public Health program for an amount of $912,213 in Fiscal Year 2023. Funds will be expended from ERMA account HHOFPH2301 (302-51- 501-501-0000-000-451- various) and revenue will be received in 302-51-501-501-0000- 000-451-432110-. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

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RECOMMENDATION
Adopt a Resolution accepting the donation of painting services and materials from MB Jessee Painting, Inc., estimated to be a value of $8,994, to paint interior areas of 1900 6th Street building in accordance with Administrative Regulation 3.19, Donations to the City from Individuals of Outside Organizations.

FISCAL IMPACTS OF RECOMMENDATION
This donation will decrease the cost of interior painting of the facility.

CURRENT SITUATION AND ITS EFFECTS
The West Berkeley Service Center (WBSC), located at 1900 6th Street, Berkeley, CA 94710 will be the new site of Public Health Division’s Maternal, Child, and Adolescent Health Services. MB Jessee Painting, Inc. has offered pro bono work to paint the interior of the building. A project estimate provided by MB Jessee Painting, Inc places the total value of services at an estimated $8,994.26 to complete the interior painting of the: 1) entry and reception area, 2) parking entrance and bathroom hallways, and 3) the Dining Room area. This donation of services will provide a welcoming and warm environment where low-income families and community members can seek services and connect as a community.

This painting service donation is a Strategic Plan Priority Project, advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities and champion and demonstrate social and racial equity.

The donor has requested that they complete the first phase of the painting project prior to public health programs moving in to the facility and community accessing the site.

Touch up work will also be provided once full renovations at the facility are complete.

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Donation of Painting Services from MB Jessee Painting, Inc. CONSENT CALENDAR September 13, 2022
The methodology used to determine the value of the donation of services required to complete the project was based on the standard estimation practices conducted by MB Jessee Painting, Inc.

The project is anticipated to begin September 26, 2022.

BACKGROUND
The West Berkeley Service Center, located at the 1900 6th Street, Berkeley, CA is an aging facility with many structural and cosmetic needs. The Public Health Division is planning to move its Maternal, Child, Adolescent Health Programs, including WIC, Immunization Program, School Linked Services, and Family Support Services into this facility in late summer/ early fall 2022. Funding has been identified for facility improvements for the roof repairs and the electrical upgrade needed to operate community facing services in the building, but cosmetic improvements such as interior and exterior painting would add greatly to a welcoming and clean environment.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The donor will be using the Kelly Moore Acrylic-Plex interior product line, which is a water-based, 100% acrylic, and a low Volatile Organic Compound (VOC) paint. This product will be used in the 1) entry and reception area, 2) parking entrance and bathroom hallways, and 3) the Dining Room area of the WBSC.

RATIONALE FOR RECOMMENDATION
Painting the interior of the WBSC would provide a clean, warm, and welcoming environment for the community and clients that the Public Health Division serves.

ALTERNATIVE ACTIONS CONSIDERED
The City can decline the painting donation and seek other funding to support this work or eliminating painting the interior entirely.

CONTACT PERSON
Janice Chin, Manager, Public Health Division, HHCS, 510-981-5121 Attachments:
1: Resolution
2: Administrative Regulation 3.19

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

AUTHORIZING THE ACCEPTANCE OF A DONATION OF PAINTING SERVICES FOR THE WEST BERKELEY SERVICE CENTER FROM MB JESSEE PAINTING, INC.

WHEREAS, MB Jessee Painting has named City of Berkeley Public Health Division as a recipient of a gift of services; and
WHEREAS, the West Berkeley Services Center is expected to serve clients, their families, and community members through a community-centered, family friendly environment, and
WHEREAS, the City of Berkeley is committed to providing state-of-the-art, well- maintained infrastructure, amenities, and facilities and champion and demonstrate social and racial equity
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the council accepts a donation of painting services, estimated to be a value of $8,994.26 to the City of Berkeley Public Health Division from MB Jessee Painting, Inc. to paint the West Berkeley Service Center interior.

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CONSENT CALENDAR
September 13, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Donald Ellison, Interim Director, Human Resources Subject: Contract No. 8392 Amendment: Innovative Claim Solutions (ICS) for claims administration of the City’s Workers’ Compensation Program

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to extend Contract No. 8392 with Innovative Claims Solutions (ICS) to provide third-party claims administrative services, Medicare, Medicaid, and SCHIP Extension Act (MMSEA) Section 111 Mandatory Reporting to the Centers for Medicare & Medicaid Services (CMS), for an additional term of three years from July 1, 2022 through June 30, 2025 at a decreased annual rate of $570,000 for a total contract amount of $7,393,611 for year 2023.

FISCAL IMPACTS OF RECOMMENDATION
The contract amendment with Innovative Claim Solutions will add $570,000 to the original contract through the end of Fiscal Year 2023. Funding for the proposed contract amendment is available in the Fiscal Year 2023 Workers’ Compensation Self-Insurance fund.

As a result of the proposal, Innovative Claims Solutions (ICS) has agreed to lower their total fees with a cap increase of just 3% annually. These annual fees include both the administrative and the MMSEA fees, per contract agreement. The proposed annual fees are as follows:

FY 2022-2023 Program Year: $570,000
FY 2023-2024 Program Year: $587,100
FY 2024-2025 Program Year: $604,713
Current total annual fees are $619,819. The decrease in annual fees will net the City of Berkeley an additional annual savings total of $49,819 for Fiscal Year 2023.

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Contract No. 8392 Amendment: Innovative Claim Solutions CONSENT CALENDAR September 13, 2022
2 Original Contract Amount (7/1/2016 – 6/30/2021) $6,823,611 Current Contract Amount (FY 7/1/2021 –
6/30/2022)
$619,819
Proposed Amount (FY 7/1/2022 – 6/30/2023) $570,000
Savings (decrease in fees) $49,819
Total New Contract Amount $7,393,611

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley is permissibly Self-Insured by the State of California, Department of Industrial Relations, to provide statutorily required workers’ compensation benefits to injured employees.

On April 26, 2016, the City Council adopted Resolution No. 67,436, authorizing the City Manager to execute and implement a contract including amendment for workers’ compensation third-party administration services with ICS. This contract amendment was approved from July 1, 2016 – June 30, 2021. The increase for this contractual period was $3,247,413 for a total not to exceed $6,823,611.

The current contract with ICS is set to expire on June 30, 2022. As such, a contract amendment is needed to continue claims administrative and management of the City’s self-funded workers’ compensation program. The Human Resources Department is planning to issue a Request for Proposal (RFP) for workers’ compensation third-party administrative services. It has been several years since the City of Berkeley has solicitated an RFP for these services. As such, during the RFP process it is imperative that the operation of critical claim management services is maintained until a third-party administrator is selected. Additionally, retaining claim management services with ICS until the RFP selection process is completed ensures the City remains in compliance with all applicable workers’ compensation laws and regulations.

BACKGROUND
Innovative Claim Solutions, has been providing claims management services for over 20 years. The third-party claim management services for a workers’ compensation program consist of responsibility for claims management including, but not limited to, approval of claims based upon whether an injury arose out of the course and scope of employment; denial of claims that did not arise out of the course and scope of employment; or delay of claim decisions in order to obtain additional information or evidence before a determination can be on a claim. The third-party administrator procures services and pays bills incurred by claims for the provision of benefits to injured employees. These

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Contract No. 8392 Amendment: Innovative Claim Solutions CONSENT CALENDAR September 13, 2022
3 expenses include, but are not limited to, medical; legal; temporary and permanent disability payments; and future medical needs of injured employees.

A contract amendment with ICS will maintain continuous service delivery including several performance standards that require ICS to evaluate old claims for closure and close new claims as soon as feasible.

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

RATIONALE FOR RECOMMENDATION
Innovative Claim Solutions has provided superior quality claim management services throughout the terms of the contract. ICS consistently applies professionalism, expertise, and superior customer service in their claim management practices.

ALTERNATIVE ACTIONS CONSIDERED
Issue a Request for Proposal to seek bids from firms including ICS to provide third party administrative services for the City’s workers’ compensation program.

CONTACT PERSON
Donald Ellison, Interim Director of Human Resources, 510-981-6807 Attachment:
1: Resolution

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

CONTRACT NO. 8392 AMENDMENT: INNOVATIVE CLAIM SOLUTIONS WHEREAS, the City of Berkeley is certified by the State of California Department of Industrial Relations under Labor Code Sections 3700 and 3705 to self-insure for providing statutorily required workers’ compensation benefits to its employees; and WHEREAS, on April 26, 2016, the Berkeley City Council adopted Resolution No. 67,436 that authorized the City Manager to amend the contract with ICS for third-party administrative services for the City’s workers’ compensation program by extending the term through June 30, 2021; and
WHEREAS, on July 27, 2021, the Berkeley City Council adopted Resolution No. 69,977- N.S., for July 1, 2021 through June 30, 2022;
WHEREAS, amending the existing contract with ICS to provide both administration of the City’s workers’ compensation program and Medicare, Medicaid and SCHIP Extension Act (MMSEA) Section 111 mandatory reporting to the Centers for Medicare & Medicaid Services (CMS) on behalf of the City to maintain continuous service delivery; and WHEREAS, the City has found that the services performed by ICS have been satisfactory during the term of the contract and both parties desire to extend the term of the contract for one (1) additional year.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 8392 with Innovative Claim Solutions for third-party administrative services for both the City’s workers’ compensation program and MMSEA Reporting to the CMS, extending the period through June 30, 2025 and increase the original contract amount by an additional $570,000 with a 3% annual cap increase for each term, total contract amount of $7,393,611 FY 2022-2023. All expenses are to be paid by the Workers’ Compensation Self-Insurance Fund (676-00-000-000- 0000-000-000-102127). A record signature copy of said contract and any amendments are to be on file in the Office of the City Clerk.

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Office of the City Manager

CONSENT CALENDAR
September 13, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: LaTanya Bellow, Acting Director, Information Technology Subject: AHEAD, Inc: Using the California Department of General Services’ (DGS) Software Licensing Program (SLP) for Software License Purchases

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to increase spending authority with AHEAD, Inc. (“AHEAD”) for the purchase of Varonis software licenses and professional services, utilizing pricing and contracts, amendments, and extensions from the California Department of General Services (DGS) Software Licensing Program (SLP) increasing the amount by $71,481 for a total amount not-to-exceed $236,305, and the period beginning September 29, 2022 through September 28, 2023.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the Varonis software add-on and professional services in the amount of $71,481.00 is available in the Department of Information Technology’s FY 2023 Cost Allocation
FY 2023: Cyber Security
Budget Code: 680-35-363-384-6005-000-472-613130-$50,304 (IT Cost Allocation, IT Department)
FY 2023: Cyber Security Professional Services
Budget Code: 680-35-363-382-0000-000-472-612990-$21,177 (IT Cost Allocation, IT Department, Professional Services) $71,481 Total FY 2023: Good and Services

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AHEAD: Using the California Department of General Services’ SLP Contract CONSENT CALENDAR September 13, 2022
The purpose of the Data Safety Program is to protect the City of Berkeley’s information and access to information, using an enterprise standard across all city systems. Varonis is a crucial component in this security effort. The Data Safety Program is designed to support the Digital Strategic Plan and the City’s Strategic Plan goal of advancing our City’s strategic goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

The City initially used Varonis to complete a data risk technical assessment, and subsequently purchased Varonis for its on-premise and Microsoft Office 365 resources.

The add-on licenses and professional services are being purchased under the attached resolution support the City’s Data Safety Program under the SLP vehicle.

The City of Berkeley participates in a cooperative purchasing agreement established by the California Department of General Services (DGS)’ called the Software License Program (SLP). Established in January 1994, the SLP negotiates major software discounts with publishers and passes those discounts onto the State. The State establishes contracts with resellers based on these negotiations, which local agencies within the State of California can utilize. The City of Berkeley has engaged AHEAD as a reseller for the Varonis software under SLP contract number SLP-19-70-0151s.

Additional software, and other goods and services related to the City’s Data Safety Program, are also available on this SLP contract with AHEAD.

BACKGROUND
The procurement and implementation of Varonis in 2021 provided City of Berkeley (COB) visibility into how the City is handing and protecting the data we touch on a daily basis. The City of Berkeley now seeks to add automated remediation to matters we are discovering.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
A universal, secure, and reliable set of safeguards allows for increased collaboration between City staff from anywhere at any time without the need for paper copies printed- off and taken into the field or to home offices. It also provides protection to the information on existing internal and Cloud-based infrastructure that supports the City’s online services, reducing greenhouse gas emissions used to travel between City facilities.

RATIONALE FOR RECOMMENDATION
The IT department has selected two new modules within Varonis to offer full visibility to alerts for all department heads and empower them and their designated staff to review and manage access controls for their staff. This procurement of software and profes- sional services will enable all the departments and the IT department to proactively respond to alerts and lower the operational risks at a significantly lower cost in human resources.

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CURRENT SITUATION AND ITS EFFECTS

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AHEAD: Using the California Department of General Services’ SLP Contract CONSENT CALENDAR September 13, 2022
The Varonis modules that we currently have provide visibility into in the way sensitive data (such as privacy data) is being handled on a daily basis. The additional modules and professional services covered within this staff report will (a) clean up and prepare existing permissions so that (b) the automatic remediation enabled by these modules will be most effective. These new modules also (c) offer City department heads the ability to administer who has access to their data in keeping with their role within the Data Safety Program.

Without these additional modules, the full potential of the Varonis will not be realized. In fact, remediation will remain manual and tedious.

ALTERNATIVE ACTIONS CONSIDERED
The IT department considered using and leveraging/extending existing technology platforms. However, these tools do not offer the capability to automate remediation, and provide the self-service portal needed for department heads and their staff.

From a cost comparison, the 3-year total cost of ownership (TCO) for Varonis and the initial set up professional services is less than similar enterprise license from existing tools.

The IT department also estimated the level of effort (LOE) and resource requirements for manual remediation, and existing platforms will be significantly more expensive (in staff hours) than the procurement and implementation cost of these additional modules for Varonis.

CONTACT PERSON
LaTanya Bellow, Acting Director, Information Technology, 510-981-7012 Attachments:
1: Resolution

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AHEAD: Using the California Department of General Services’ SLP Contract CONSENT CALENDAR September 13, 2022
RESOLUTION NO. ##,###-N.S.

AHEAD: USING THE CALIFORNIA DEPARTMENT OF GENERAL SERVICES’ (DGS)

SOFTWARE LICENSING PROGRAM (SLP) FOR SOFTWARE LICENSE PURCHASES WHEREAS, the purpose of the Data Safety Program is to protect the City of Berkeley’s information and access to information, using an enterprise standard across all city systems, and is designed to support the Digital Strategic Plan and the City’s Strategic Plan goal of advancing our City’s strategic goal to provide state-of-the-art, well- maintained infrastructure, amenities, and facilities; and WHEREAS, the City of Berkeley participates in a cooperative purchasing agreement established by the California Department of General Services (DGS)’ called the Software License Program (SLP) that negotiates software discounts that are passed down to local agencies through a cooperative contract and software reseller; and WHEREAS, the City of Berkeley has engaged AHEAD as a reseller for the Varonis software under SLP contract number SLP-19-70-0151s, and has the opportunity to purchase additional software, and other goods related to the City’s Data Safety Program; and
WHEREAS, funding for purchases with AHEAD are funded by the IT Cost Allocation Fund (Fund 680), and citywide purchases will be made as needed by other available funding.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to increase spending authority with AHEAD for the purchase of professional services and software, and other goods related to the City’s Data Safety Program, utilizing pricing and contracts, amendments, and extensions from the California Department of General Services (DGS) Software Licensing Program (SLP) increasing the amount by $71,481 for an amount not-to-exceed $236,305, and the period beginning September 29, 2022 through September 28, 2023.

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Office of City Manager
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7010 E-Mail: [email protected] Website: https://berkeleyca.gov

CONSENT CALENDAR
September 13, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks, Recreation & Waterfront Subject: Lease Agreement: 80 (North Building), 82/84 & 90 Bolivar Drive in Aquatic Park with Waterside Workshops
RECOMMENDATION:

Adopt first reading of an Ordinance authorizing the City Manager to execute a lease agreement with Waterside Workshops to use the 80 (North Building), 82/84 & 90 Bolivar Drive in Aquatic Park for a lease term anticipated to begin November 1, 2022 and ending November 1, 2031.

FISCAL IMPACTS OF THE RECOMMENDATION
Waterside Workshops will pay an annual rent of $1,800, escalating by $150 per year.

The total lease revenue is $24,750. In addition, they will be responsible for completing capital improvements and maintenance to the building over the 10-year period of their lease, which are valued at $166,200. The list of capital improvements and maintenance requirements are described in Exhibit “C” of the lease. Lease revenue will be deposited in Budget Code 450-5801-363.10-04.

CURRENT SITUATION AND ITS EFFECTS
Waterside Workshops succeeded Tinker’s Workshop and Berkeley Crew to begin leasing the Aquatic Park buildings in 2006 through 2009. Over time, they entered into 3 separate leases for the 4 buildings: a lease for the north storage building at 80 Bolivar; a lease for the main building (which they share with BORP, the Bay Area Outreach and Recreation Program) and the Street Level Cycles building at 82/84 Bolivar; and a lease for the building at 90 Bolivar, formerly known as the Rod & Gun Club.

The City’s leases with Waterside Workshops for the properties at 80 (North Building), 82/84 Bolivar have expired, and are now in holdover status (month-to-month). The lease for 90 Bolivar will expire in 2024.

This action would merge the three leases into one and extend the expiration to 2031, with an option to extend to 2036. The premises shall continue to be used for public bicycle

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Lease Agreement: Waterside Workshops for the properties at CONSENT CALENDAR 80 (North Building), 82/84 & 90 Bolivar Drive, Aquatic Park September 13, 2022

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rentals and sales, community bicycle repair space, boat building space, storage area, and a small café.

In exchange for a 10-year term and favorable rent of $1800/year, escalating by $150/year, Waterside Workshops agrees to perform all improvements cited in the City’s recently commissioned Condition Assessment report, appended to the lease as Exhibit “D”. The value of these improvements is estimated to be $166,200.

BACKGROUND
Waterside Workshops is a non-profit organization whose mission is to engage youth and the community through hands-on learning in bicycle mechanics, wooden boatbuilding, and outdoor education. They work to provide at-risk youth ages 8 to 24 with a safe place to feel heard, gain confidence, develop work skills, and access the tools and resources needed to lead healthy, sustainable lives.

Since 2001, Waterside has operated their programs at 82/84 Bolivar Drive in Aquatic Park (Main Building B) through a lease agreement with the City. In 2006, they expanded into the North Building at 80 Bolivar Drive as a sub-tenant to Berkeley Crew in exchange for performing needed improvements to the building. The Bay Area Outreach and Recreation Program (BORP) has also occupied 80 Bolivar Drive in Main Building A since 2006. BORP and Waterside have shared docks, gardens and other common spaces and have done so for many years.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Waterside Workshops is a non-profit youth development and vocational education program for East Bay youth. Through their bicycle repair and café programs, they encouraging sustainable and healthy lifestyles. This helps promote three City of Berkeley Climate Action goals: Chapter 3 focuses on sustainable transportation, including bicycling, Chapter 4 includes the promotion of youth development and job training for a green economy, and Chapter 5 includes goals for the expansion of recycling and reducing waste.

RATIONALE FOR RECOMMENDATION
The proposed lease offers the following benefits to the City:
 Waterside Workshops has been a good steward for the buildings and Aquatic Park for the past 20 years.
 The proposed use will continue to provide community-serving activities, including public bicycle repair sessions, and a small café; in addition to youth training opportunities.
 Bicycle activities will increase opportunities for the public to explore Aquatic Park, and to connect via I-80 pedestrian bridge to the Bay Trail and the Berkeley Waterfront.

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Lease Agreement: Waterside Workshops for the properties at CONSENT CALENDAR 80 (North Building), 82/84 & 90 Bolivar Drive, Aquatic Park September 13, 2022

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 These activities are expected to continue to attract people and families to Aquatic Park.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, Parks, Recreation & Waterfront, 981-6711 Christina Erickson, Deputy Director, Parks, Recreation & Waterfront, 981-6703 Mollica Sokhom, Assistant Management Analyst, 981-6437
Attachments:
1: Ordinance
Exhibit A: Lease Agreement

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ORDINANCE NO. -N.S.

LEASE AGREEMENT WITH WATERSIDE WORKSHOPS TO USE CITY
PROPERTIES LOCATED AT 80, 82/84, & 90 BOLIVAR DRIVE IN AQUATIC PARK BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The City Manager, or his designee, is hereby authorized to execute a lease agreement with Waterside Workshops for the property location at 80 (North Building), 82/84 and 90 Bolivar Drive in Aquatic Park with a lease term beginning on November 1, 2022, ending November 1, 2031. The estimated revenue is $24,750. The lease shall be substantially in the form attached hereto as Exhibit “A”.

Section 2. All revenue from said lease shall be deposited in the Park Tax Fund in a specific revenue account (Budget Code 450-5801-363.10-04) and used to maintain public facilities in Aquatic Park.

Section 3. Copies of this bill shall be posted for two days prior to adoption in the display case located near the walkway in front of Old City Hall, 2134 Martin Luther King Jr. Way. Within fifteen calendar 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.

Exhibit A: Lease Agreement

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1 Exhibit A: Lease Agreement

CITY OF BERKELEY

IMPROVED PROPERTY LEASE
Between

THE CITY OF BERKELEY, A CHARTER CITY

ORGANIZED AND EXISTING UNDER THE LAWS

OF THE STATE OF CALIFORNIA
as Landlord,
and

WATERSIDE WORKSHOPS
as Tenant.

For the Properties at
80 (North Building), 82, 84 & 90 Bolivar Drive
Berkeley, CA

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2 80, 82, 84 & 90 Bolivar Drive Lease – Waterside Workshops, Tenant

TABLE OF CONTENTS
TABLE OF CONTENTS................................................................................................................................................2

1. DEFINITIONS ...................................................................................................................................................5

2. TERM.................................................................................................................................................................6

3. RENT .................................................................................................................................................................6

4. PROPERTY AND OTHER TAXES..................................................................................................................8

5. USE OF PROPERTY AND THE AQUATIC PARK MAIN LAGOON ..........................................................9

6. USE OF AQUATIC PARK PROPERTY ........................................................................................................13

7. SERVICES .......................................................................................................................................................14

8. OBLIGATION OF TENANT TO REMOVE PERSONAL PROPERTY.......................................................15

9. ALTERATIONS AND IMPROVEMENTS ....................................................................................................15

10. LIENS...............................................................................................................................................................18

11. TENANT AND LANDLORD MAINTENANCE OBLIGATIONS ...............................................................18

12. ENVIRONMENTAL .......................................................................................................................................19

13. DAMAGE OR DESTRUCTION .....................................................................................................................19

14. INDEMNIFICATION......................................................................................................................................20

15. INSURANCE ...................................................................................................................................................21

16. COMPLIANCE WITH LAWS ........................................................................................................................23

17. ASSIGNMENT AND SUBLEASE .................................................................................................................24

18. INSPECTION...................................................................................................................................................25

19. DEFAULT........................................................................................................................................................25

20. REMEDIES UPON DEFAULT.......................................................................................................................27

21. ENVIRONMENTAL OBLIGATIONS ...........................................................................................................28

22. LANDLORD'S RIGHT TO CURE..................................................................................................................29

23. EMINENT DOMAIN ......................................................................................................................................30

24. SUBORDINATION .........................................................................................................................................30

25. NO MERGER ..................................................................................................................................................31

26. TRANSFER BY LANDLORD........................................................................................................................31

27. ESTOPPEL CERTIFICATES..........................................................................................................................31

28. HOLDING OVER............................................................................................................................................31

29. CHANGES BY LANDLORD .........................................................................................................................32

30. GOVERNING LAW ........................................................................................................................................32

31. SECURITY DEPOSIT.....................................................................................................................................32

32. SIGNAGE ........................................................................................................................................................33

33. NO PARTNERSHIP ........................................................................................................................................33

34. NO WAIVER ...................................................................................................................................................34

35. NOTICES .........................................................................................................................................................34

36. COMPLETE AGREEMENT ...........................................................................................................................34

37. REQUESTS FOR CONSENT; WAIVER OF CLAIM ...................................................................................35

38. INTERPRETATION........................................................................................................................................35

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3 80, 82, 84 & 90 Bolivar Drive Lease – Waterside Workshops, Tenant

39. SUCCESSORS AND ASSIGNS .....................................................................................................................35

40. AUTHORITY...................................................................................................................................................35

41. UNAVOIDABLE DELAYS ............................................................................................................................35

42. TIME OF THE ESSENCE...............................................................................................................................36

43. BROKERAGE .................................................................................................................................................36

44. CITY NON-DISCRIMINATION ORDINANCE............................................................................................36

45. NON-DISCRIMINATION AGAINST PERSONS WITH DISABILITIES ...................................................36

46. CONFLICT OF INTEREST PROHIBITED....................................................................................................37

47. NUCLEAR FREE BERKELEY ......................................................................................................................37

48. OPPRESSIVE STATES...................................................................................................................................37

49. BERKELEY LIVING WAGE ORDINANCE (LWO)....................................................................................38

50. BERKELEY EQUAL BENEFITS ORDINANCE (EBO)...............................................................................39

51. AUDIT .............................................................................................................................................................40

52. CITY BUSINESS LICENSE, PAYMENT OF TAXES, TAX I.D. NUMBER ..............................................40

53. SURVIVAL......................................................................................................................................................40

54. EXHIBITS........................................................................................................................................................40 Exhibit “A”: Leased Premises..........................................................................................................................42 Exhibit “B”: Berkeley Municipal Code, Chapter 6.04.....................................................................................43 Exhibit “C”: Proposed Repair/Renovation Schedule .......................................................................................44 Exhibit “D”: Kitchell Report............................................................................................................................45

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4 80, 82, 84 & 90 Bolivar Drive Lease – Waterside Workshops, Tenant

PROPERTY LEASE

BASIC LEASE INFORMATION

1. Landlord: City of Berkeley, a California municipal corporation 2180 Milvia Street
Berkeley, CA 94704
Attention: Director, Parks, Recreation & Waterfront
Telephone: (510) 981-6437
Email: [email protected]

2. Tenant: Waterside Workshops

3. Tenant Trade Name: Waterside Workshops

4. Effective Date: November 1, 2022

5. Premises:

Four buildings (as depicted in Exhibit “A”) located at the northeast side of Aquatic Park Approx. ½ an acre, including 4 buildings that together are approx. 5,265 square feet, plus outdoor space between the buildings. Public dock and garden area shared with BORP.

6. Permitted Uses:

The premises shall be used for public bicycle rentals and sales, community bicycle repair space, boat building space, storage area, and a small café.

7. Initial Term: Ten (10) year(s), commencing as of November 1, 2022 (“Commencement Date”).

8. Option Period: Five (5) years.

9. Base Rent: $1,800 per year with $150 increase annually

10. Improvements
Tenant will invest approx. $166,200 in capital improvements. This includes ADA bathroom renovations, dry rot repairs, window and door repairs and replacements, painting, siding repairs, and ADA repairs and improvements throughout the premises.

11. Maintenance
Tenant will invest approx. $50,000 in ongoing maintenance, including landscaping, graffiti abatement, pest control, and maintenance of plumbing, electrical and building systems.

12. Services
Landlord pays for water and sewer. Tenant pays for all other utilities including electricity, gas, garbage, and telephone. Tenant pays electrical services associated with Dreamland bathrooms.

The Basic Lease Information set forth above and the Exhibits attached hereto are incorporated into and made a part of the following Lease. In the event of any conflict between the Basic Lease Information and terms of the Lease, the terms of the Lease shall control.

LANDLORD’S INITIALS _______ TENANT’S INITIALS _______

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5 LEASE
THIS LEASE is made by and between the CITY OF BERKELEY, a Charter City organized and existing under the laws of the State of California ("Landlord or City") and WATERSIDE WORKSHOPS, a non-profit organization doing business at 80, 82, 84 & 90 Bolivar Drive, in Berkeley, CA ("Tenant").

W I T N E S S E T H :

Landlord hereby leases to Tenant, and Tenant hereby leases from Landlord, the Premises for the term and subject to the terms, covenants, agreements and conditions set forth below, to each and all of which Landlord and Tenant hereby mutually agree.

1. DEFINITIONS
Unless the context otherwise specifies or requires, the following terms shall have the meanings herein specified:

A. "Affiliate," as to any person, shall mean such person's partners, members, commissioners, officers, employees, volunteers and agents.

B. "Building" shall mean a building on the Premises as shown on Exhibit A.

C. "Lease Year" shall mean each twelve-month period during the term of the Lease commencing upon the effective date of the Lease.

D. "Aquatic Park" shall mean the Aquatic Park as defined in Chapter 6.04 of the Berkeley Municipal Code ("B.M.C.") (attached hereto as Exhibit “B”), as amended or succeeded, and any buildings and other improvements constructed or to be constructed therein. Without limiting the provisions of Section 36 of this Lease, Tenant acknowledges it is not relying on any representations or warranties made by Landlord, Landlord's agents or anyone else in regard to the size or configuration of Aquatic Park or in regard to the nature, location, or appearance of any buildings, improvements, or unimproved property therein.

E. "Main Lagoon" or “Aquatic Park Lake” shall mean that body of water lying between West Bolivar Drive on the west, Addison Street on the north, the Southern Pacific railroad tracks on the east, and the service road on the south.

F. "Premises" are depicted in Exhibit A and shall mean the following portions of 80, 82, 84, and 90 Bolivar Drive:

1. At 80 Bolivar Drive, the North Building as described on Exhibit “A”, bounded to the north by the lagoon and bounded to the east by the pathway. The areas to the south and west of the building are shared spaces with BORP, the tenant at Main Building A at 82 Bolivar Drive.

2. At 82 Bolivar Drive, the southern portion of the main building, called Main Building B and depicted in Exhibit “A”. This also includes shared use of the common area, public dock, and the garden area shown on Exhibit “A”.

3. At 84 Bolivar Drive, the building, bounded to the south by the southern edge of the

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6 building, to the east by the pathway, to the west by the lagoon. This also includes the outdoor area between 82 and 84 Bolivar Drive, which is bounded by the buildings to the north and south, lagoon to the west, and the pathway to the east.

4. At 90 Bolivar Drive, the exterior area of five feet around the perimeter of the building, provided the Premises are setback a minimum of eight feet from any structures or objects including but not limited to the pathways. Where the setback requirements cannot be met, the boundary line of the Premises will be the building itself. On the east side of the building, the property boundary is up to the street. The Premises include the unimproved foundation to the West of the building. The Premises does not include any portion of the lagoon, or any docks or other appurtenances that expend into the lagoon. It does not include exclusive use of any of the surrounding Aquatic Park land beyond that mentioned above.

G. "Facilities Condition Assessments" shall mean the comprehensive review and report of maintenance and repair needs of City-owned buildings conducted by Kitchell Capital Expenditure Managers, Inc., during 2013 and 2014 (dated 2/20/2015). The section of the report pertaining to Building (pages 45) is attached hereto as Exhibit "D", which lists the recommended capital improvements by building system class along with the estimated cost to repair or replace each specified building element or system (Table: CIP Cost Summary, page 45). This list of recommended capital improvements informs the List of Required Improvements set forth in Exhibit “C”.

I. "Public Dock" shall mean the public boat launching dock serving the Main Lagoon and located adjacent to the parking area of the Premises (as depicted in the aerial view of the Premises appearing in Exhibit "A").

2. TERM
A. Initial Term and Term of Renewal. The initial term is for a period of approximately ten years. Tenant has the option, under certain terms and conditions as described below, to renew this lease for an additional five-year term. This Lease shall take effect once duly approved by the Berkeley City Council and executed by both Landlord and Tenant (“the Effective Date”). The Initial Lease Term will expire at midnight October 30, 2032 (“the Termination Date”).

B. Procedure for Renewal. If Tenant wishes to renew the Lease beyond the Initial Lease Term, Tenant must provide written notice of such intent to Landlord at least one hundred and twenty (120) days prior to the expiration of the Initial Term. If Landlord, in its sole discretion, determines that Tenant has complied with all terms and conditions of the Lease, at least sixty (60) days prior to expiration of the Lease, Landlord shall provide written notice to Tenant of any additional improvements that will be required to be completed by Tenant or increase in rent for a single five-year renewal term and shall provide notice of its determination to grant renewal of the lease upon condition that Tenant agrees to the additional improvements and increase in rent, if any, at least thirty (30) days prior to the expiration of the Initial Term.

3. RENT
A. Rent. Tenant shall pay to Landlord as a minimum rental for its use and occupancy of the Premises an annual rent of ONE THOUSAND AND EIGHT HUNDRED DOLLARS

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7 ($1800.00) for the first year of the Lease. For purposes of determining Rent, the first year of the Lease is the period up to October 31, 2023 and will be pro-rated for a partial year. In each subsequent Lease Year during the Term, the Rent shall increase by ONE HUNDRED AND FIFTY DOLLARS ($150.00) per year.

B. Percentage of Gross Income from Special Events.

1. In the event that Tenant operates a concession or a revenue-generating special event on the Premises or on the Main Lagoon, then Tenant agrees to pay Landlord, in addition to any fees levied by the City, an amount equal to FIVE PERCENT (5%) of the gross income realized by each such concession or special event during the term of the Lease. A special event is defined as any event in which the participants (groups or individuals) pay an entry fee to the Tenant. Tenant shall make this payment to the Landlord within thirty (30) calendar days from the last day of each special event, together with a financial statement of the gross income from said event. Tenant shall keep true and accurate books and records of each special event.

Said books and records shall be retained for at least two (2) years after occurrence of the events to which they relate. Landlord, and/or its designee, shall have the right at reasonable periods and at all reasonable times, and upon at least five (5) days' advance notice to Tenant to inspect such books and records. Income from special events does not include any grants or donations Tenant receives.

2. If any special event is likely to preclude some or all users of Aquatic Park from exercising a different use, and/or is a regatta, race, or pageant in Aquatic Park and/or on the Main Lagoon, Tenant shall first obtain a permit from the City, as required by Resolution No. 58,644-N.S. and Section 6.04.060 of the Berkeley Municipal Code. The fees for such permits shall be set by the City Council. Water use permits (by definition, for an event lasting no more than two weeks), may be issued by the Parks Recreation and Waterfront Department. Tenant understands that this Lease does not guarantee that the City, in its regulatory capacity, will grant any particular request for a permit. Tenant understands that the City may grant or deny such permit in its sole discretion, and may impose such terms and conditions as it deems consistent with that discretion.

C. Manner of Payment. All rent and other payments due from Tenant shall be made to Landlord in lawful money of the United States of America at Landlord's address for notice hereunder, or to such other person or at such other place as Landlord may from time to time designate in writing.

D. Delinquency and Late Charges; Interest.

1. Tenant hereby acknowledges that its late payment of rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult or impracticable to ascertain. Such costs include, without limitation, processing and accounting charges and overtime wages. Accordingly, any payment of rent or other sum due hereunder that remains due and unpaid for a period of ten (10) days after it becomes due and payable shall be subject to a delinquency charge of ten percent (10%) of the delinquent amount. The parties agree that such charge represents a fair and

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Berkeley City CouncilSeptember 13, 2022

Berkeley City Council
September 13, 2022