Berkeley City Council
November 3, 2022

Thursday, November 3, 2022 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Thursday, November 3, 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 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 immine nt risks to the health of attendees. Therefore, no physical meeting location will be available.

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

To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this UR L https://us02web.zoom.us/j/84033716377. 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: 840 3371 6377 . If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

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

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981 -6900. The City C ouncil 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.

Thursday, November 3, 2022 AGENDA Page 2

Preliminary Matters
Roll Call:

Land Acknowledgement Statement: The City of Berkeley recognizes that the community we live in was built on the territory of xučyun (Huchiun (Hooch-yoon)), the ancestral and unceded land of the Chochenyo (Cho-chen-yo)-speaking Ohlone (Oh-low-nee) people, the ancestors and descendants of the sovereign Verona Band of Alameda County. This land was and continues to be of great importance to all of the Ohlone Tribes and descendants of the Verona Band. As we begin our meeting tonight, we acknowledge and honor the original inhabitants of Berkeley, the documented 5,000-year history of a vibrant community at the West Berkeley Shellmound, and the Ohlone people who continue to reside in the East Bay. We recognize that Berkeley’s residents have and continue to benefit from the use and occupation of this unceded stolen land since the City of Berkeley’s incorporation in 1878. As stewards of the laws regulating the City of Berkeley, it is not only vital that we recognize the history of this land, but also recognize that the Ohlone people are present members of Berkeley and other East Bay communities today. The City of Berkeley will continue to build relationships with the Lisjan Tribe and to create meaningful actions that uphold the intention of this land acknowledgement.

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

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 or Information 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 Co uncil 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 spe ak again at the time the matter is taken up during the Action Calendar.

Consent Calendar
Thursday, November 3, 2022 AGENDA Page 3
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 individual or in their official capacity when addressing the Council in open session or workshops.

Consent Calendar

1. Adopt an Ordinance Adding Chapter 13.09 to the Berkeley Municipal Code Prohibiting Discriminatory Reports to Law Enforcement
From: Councilmember Harrison (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt second reading of Ordinance No. 7,837-N.S. Amending Chapter 13.09 to the Berkeley Municipal Code Prohibiting Discriminatory Reports to Law Enforcement.

First Reading Vote: All Ayes.

Financial Implications: Staff time
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

2. Referral Response: Amendments to the Zoning Ordinance to clarify and streamline the permit process for Amusement Device Arcades From: City Manager
Recommendation: Adopt second reading Ordinance No. 7,838-N.S., Zoning Ordinance amendments to provide consistency for the incidental use of Amusement Devices and regulate Amusement Device Arcades as Commercial Recreation Centers.

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

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Consent Calendar
Thursday, November 3, 2022 AGENDA Page 4

3. 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, June 28, 2022, July 26, 2022, and September 20, 2022.

Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950

4. 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, June 28, 2022, July 26, 2022, August 23, 2022, September 20, 2022, and October 11, 2022.

Financial Implications: To be determined
Contact: Farimah Brown, City Attorney, (510) 981-6950

5. 2022 Annual Commission Attendance and Meeting Frequency Report From: City Manager
Recommendation: Review and accept the 2022 annual commission attendance and meeting frequency report.

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

Consent Calendar
Thursday, November 3, 2022 AGENDA Page 5

6. Contract No. 32200039 Amendment: Townsend Public Affairs, Inc. for Legislative and Funding Advocacy Strategy
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200039 with Townsend Public Affairs, Inc., for an ongoing tailored legislative and funding advocacy strategy, increasing the contract amount by $72,000, for an amount not-to-exceed $117,000, and extending the contract from December 31, 2022 to December 31, 2023.

Financial Implications: General Fund - $72,000
Contact: Paul Buddenhagen, City Manager's Office, (510) 981-7000

7. Contract No. 32100186 Amendment: Mildred Howard Public Art Commission for Adeline Street and Martin Luther King Jr. Way
From:

Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100186 with artist Mildred Howard in order to increase the size of the public art commission “Untitled” to 11’ tall as directed by the Civic Arts Commission. The art work is slated to be installed in the triangular green space on the northern side of the intersection of Adeline Street and Martin Luther King Jr.

Way. The artwork budget is to increase by $144,000 for a total contract amount not to exceed $354,000.

Financial Implications: Cultural Trust Fund - $144,000
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

8. Renewal of the Solano Avenue BID for Calendar Year 2023 From: City Manager
Recommendation: Adopt a Resolution approving the Solano Avenue Business Improvement District Advisory Board’s (hereafter “Solano BID Advisory Board” or “the Advisory Board”) recommendation that Council: 1) approve the 2022 Annual Report and preliminary budget on proposed improvements in the District for calendar year 2023; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2023; and 3) direct the City Clerk to schedule a public hearing on the renewal of the assessment for November 29, 2022.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

9. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on November 3, 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 - $75,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Consent Calendar
Thursday, November 3, 2022 AGENDA Page 6

10. Contract: Restoration Family Counseling Center for Counseling, Education and Support
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a contract with Restoration Family Counseling Center Inc. (RFCC) for counseling, education and support, for a total amount not to exceed $80,000 from December 1, 2022 through November 30, 2024.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

11. Contract No. 32200227 Amendment: Fire Aside for Mobile Vegetation Management Inspection Software
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200227 Mobile Vegetation Management Inspection Software for the Fire Department (Department); increasing the contract amount by $100,000 for an amended total contract amount not to exceed $260,000.

Financial Implications: See Report
Contact: David Sprague, Fire, (510) 981-3473

12. Contract No. 32200083 Amendment: Ganey Scientific for Project Management & Consulting
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200083 project management and consulting services for the Fire Department (Department); increasing the contract amount by $500,000 for an amended total contract amount not to exceed $1.4 million.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473

13. Purchase Order: Bauer Compressors Inc. for Self-Contained Breathing Apparatus and Related Accessories
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to issue purchase orders with Bauer Compressors Inc. using the General Services Agency’s (GSA) contract No. EE08-19 for an amount not to exceed $1.7 million through July 31, 2023 for the purchase of self-contained breathing apparatus (SCBA) and related accessories.

Financial Implications: UC Settlement Fund - $1.7 million Contact: David Sprague, Fire, (510) 981-3473

Consent Calendar
Thursday, November 3, 2022 AGENDA Page 7

14. Revenue Contracts: Fiscal Year 2023 Aging Services Programs From: City Manager
Recommendation: Adopt five Resolutions authorizing the City Manager or her designee to execute any resultant revenue agreements and amendments with Alameda County to provide congregate and home-delivered meals, family caregiver support, senior center activities and information and assistance services to seniors for the following programs for Fiscal Year 2023 (FY 2023):
a. Congregate Meals in the amount of $40,000;
b. Home Delivered Meals in the amount of $84,000;
c. Family Caregiver Support Program in the amount of $41,383; d. Senior Center Activities in the amount of $30,000; and e. Information and Assistance Services in the amount of $100,000.

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

15. Contract No. 32000240 Amendment: Berkeley Unified School District (BUSD) for Mental Health MHSA-Funded Programs
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32000240 with Berkeley Unified School District (BUSD) to provide Mental Health Services Act (MHSA) funded programs in local schools through June 30, 2023 in an amount not to exceed $1,394,167. This amendment will add $401,389 in funding to the contract in order to continue three mental health programs for an additional year and add a fourth for the same time period.

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

16. Greater Bay Area Regional Partnership Workforce, Education and Training Grant – California Mental Health Services Authority
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to enter into a Participation Agreement and any amendments with the California Mental Health Services Authority (CalMHSA) for the Greater Bay Area (GBA) Regional Partnership Workforce, Education and Training (WET) Grant, and to allocate local Mental Health Services Act (MHSA) funds in an amount not to exceed $42,609, through June 30, 2025.

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

Consent Calendar
Thursday, November 3, 2022 AGENDA Page 8

17. Fiscal Year 2023 Meals on Wheels of Alameda County Donations for the Berkeley Meals on Wheels Program
From: City Manager
Recommendation: Adopt a Resolution accepting donations, totaling approximately $175,000, for the Berkeley Meals on Wheels Program from the Meals on Wheels of Alameda County (MOWAC) agency, for Fiscal Year 2023 (FY 2023).

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

18. Contract: Robert Half International/Protiviti for Professional Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to increase spending authority with Robert Half International/Protiviti for professional services in support of the following City Departments: Fire (Administration, Prevention, Wildland Urban Interface, Emergency Medical Services and Training), Human Resources, and Information Technology in the Fiscal Year (FY) 2023 using the General Services Agency’s (GSA) purchasing vehicle no. GS-35F-0280X for an annual increase not to exceed $750,000 through June 30, 2023.

Financial Implications: Various Funds - $750,000
Contact: Donald E. Ellison, Human Resources, (510) 981-6800

19. Contract No. 32000281 Amendment: ConvergeOne for on-site Avaya Administration, Maintenance and Support
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000281 to increase the spending authority with ConvergeOne (previously named Integration Partners), for Avaya on-site administration and maintenance, increasing the amount by $165,000 for a total not to exceed amount of $892,821, from July 1, 2020 to June 30, 2024.

Financial Implications: IT Cost Allocation Fund - $165,000 Contact: Kevin Fong, Information Technology, (510) 981-6500

20. Contract No. 32000223 Amendment: Gray Quarter, Inc. for Accela Professional Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend Contract No. 32000223 with Gray Quarter, Inc. for professional services, increasing the amount by $50,000, for a total not-to-exceed amount of $299,500 through December 31, 2023.

Financial Implications: IT Cost Allocation Fund - $50,000 Contact: Kevin Fong, Information Technology, (510) 981-6500

Consent Calendar
Thursday, November 3, 2022 AGENDA Page 9

21. Adoption of Berkeley Building Codes, including Local Amendments to California Building Standards Code
From: City Manager
Recommendation:

1. Adopt first reading of an Ordinance repealing and reenacting the Berkeley Building, Residential, Electrical, Mechanical, Plumbing, Energy, and Green Building Standards Codes in BMC Chapters 19.28, 19.29, 19.30, 19.32, 19.34, 19.36 and

19.37, and adopting related procedural and stricter provisions; and schedule a Public Hearing for the second reading on November 29, 2022 pursuant to state law; and

2. Adopt a Resolution setting forth findings of local conditions that justify more stringent regulations than those provided by the 2022 California Building Standards Code, and rescinding Resolution No. 69,170-N.S.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400

22. Re-enactment of the Berkeley Housing Code; Repealing Chapter 12.48 and Repealing and Re-enacting Chapter 19.40
From: City Manager
Recommendation: Adopt first reading of an Ordinance repealing Berkeley Municipal Code (BMC) Chapter 12.48 (Residential Rental Housing Safety Program), and repealing and re-enacting BMC 19.40 (Berkeley Housing Code), incorporating BMC Chapter 12.48 into BMC Chapter 19.40; and schedule a Public Hearing for the second reading on November 29, 2022, pursuant to state law.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

23. Revenue Grant Contract: Fiscal Year 2022-23 Alcoholic Beverage Control Grant From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager and/or Chief of Police, to execute a grant contract and any subsequent amendments with the State of California Department of Alcoholic Beverage Control (ABC) in the amount of $72,449 for one fiscal year, July 1, 2022 through June 30, 2023.

Financial Implications: Alcoholic Beverage Control Fund - $72,449 (grant) Contact: Jennifer Louis, Police, (510) 981-5900

24. Reappointment of Andrea Prichett and Edward Opton to the Mental Health Commission
From: Mental Health Commission
Recommendation: Adopt a Resolution approving the re-appoint Andrea Prichett to the Mental Health Commission, as representative of the general public interest category, for a second- three-year term beginning November 4, 2022 and ending November 3, 2025. And re-appoint Edward Opton as a representative of the general public interest category, for his first term ending January 21, 2023 and his second- term beginning January 22, 2023 to January 21, 2026.

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

Council Consent Items
Thursday, November 3, 2022 AGENDA Page 10

25. Referral to Conduct an Automatic Traffic Calming Review for the Area Immediately Surrounding the Project at 1201-1205 San Pablo Avenue From: Councilmember Kesarwani (Author)
Recommendation: Refer to the City Manager to conduct an automatic traffic calming review for the area immediately surrounding the streets of the project located at 1201-1205 San Pablo Avenue within six (6) months of the building’s occupancy reaching 90 percent of its capacity with the intent of expediting the traffic calming process for neighbors impacted by the development of this project. The traffic calming review should include the following intersections: Gilman and Kains; Gilman and Stannage; Harrison and San Pablo; Harrison and Kains; Harrison and Stannage.

Financial Implications: See report
Contact: Rashi Kesarwani, Councilmember, District 1, (510) 981-7110

26. Budget Referral: Down Payment Assistance (DPA) and Closing Cost Assistance Revolving Loan Fund Pilot
From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Refer to the budget process $500,000 for a local Down Payment Assistance (DPA) and Closing Cost Assistance Revolving Loan Fund Pilot Program, providing third-lien shared appreciation loans (SALs) to cover down payments and closing costs for qualifying applicants in a racial equity and reparative justice framework consistent with regulations for local, state, federal, and nonprofit DPA programs including, but not limited to: California Dream For All (CalHFA), AC Boost (Alameda County), Community Seconds (Fannie Mae), and Black Wealth Builders Fund. The City should aim spend no more than 10-20% on administrative costs if existing resources are insufficient.

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

27. Budget Referral: No Right on Red Signs
From: Councilmember Taplin (Author), Councilmember Wengraf (Co-Sponsor) Recommendation: That the City Council refers to the City Manager the implementation of “No Right on Red” signs to all intersections with traffic lights. Refer the necessary appropriations of $135,000 to the 2022 November Annual Appropriations Ordinance.

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

28. Budget Referral: Commitment to La Peña Cultural Center From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Hahn (Co-Sponsor)
Recommendation: Refer to the AAO#1 Budget Process $150,000 to support the recovery and renovations of La Peña Cultural Center, a cultural hub and historic community building space within the city of Berkeley.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

Council Consent Items
Thursday, November 3, 2022 AGENDA Page 11

29. Budget Referral: Commitment to the Completion of Affordable Housing at 1638 Stuart Street
From: Councilmember Bartlett (Author), Mayor Arreguin (Author), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor) Recommendation: Refer to the AAO#1 Budget Process $50,000 to support the Completion of Affordable Housing at 1638 Stuart Street so it can complete exterior renovations and continue to provide eight units of permanently affordable housing for households earning less than 80% of area median income.

Financial Implications: See report
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130

30. Resolution and Referral Supporting Local Implementation of SB 379: Online Instant Solar Permitting Process For Residential Solar And Solar-Plus-Storage Energy Systems
From: Councilmember Harrison (Author), Councilmember Hahn (Co-Sponsor), Mayor Arreguin (Co-Sponsor)
Recommendation:

1. Adopt Resolution supporting local implementation of SB 379 requiring cities to adopt online instant solar permitting process for residential solar and solar-plus- storage energy systems; and

2. Refer to the City Manager and Planning Department, consistent with SB 379 and climate goals, to explore and move swiftly to apply for applicable grants and implement automated solar permitting platforms to reduce permit review time for solar energy and battery storage systems.

Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

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
Thursday, November 3, 2022 AGENDA Page 12

31. Harriet Tubman Terrace Tenant Support (Continued from October 11, 2022) From: Housing Advisory Commission
Recommendation: Recommend City Council take the following actions:
-Review the video created by tenants about conditions at Harriet Tubman Terrace that was shown at the July 7, 2022 Housing Advisory Commission meeting; -Direct the City Manager to investigate health and safety violations and other grievances identified by tenants at Harriet Tubman Terrace; and -City Council request Harriet Tubman Terrace provide tenants with a dedicated tenant advocate to assist with relocation and other needs.

Financial Implications: See report
Contact: Mike Uberti, Commission Secretary, (510) 981-7400

32. Resolution Accepting the Annual Surveillance Technology Reports for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, Unmanned Aerial Vehicles and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code
From: City Manager
Recommendation: Adopt a Resolution Accepting the Surveillance Technology Report for Automatic License Plate Readers, GPS Trackers, Body Worn Cameras, Unmanned Aerial Vehicles (UAV’s) and the Street Level Imagery Project Pursuant to Chapter 2.99 of the Berkeley Municipal Code.

Financial Implications: None
Contact: Jennifer Louis, Police, (510) 981-5900; Liam Garland, Public Works, (510) 981-6300; LaTanya Bellow, City Manager's Office, (510) 981-7000

Action Calendar – Public Hearings
Staff shall introduce the public hearing item and present their comments. This is followed by five -minute presentations each by the appellant and applicant. The Presiding Officer will request that persons wishing to speak use the "raise hand" function to be recognized and 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 pers ons interested in speaking, the Presiding Officer may limit the public comment for all speakers to one minute per speaker.

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.

Each member of the City Council shall verbally disclose all ex parte contacts concerning the subject of the hearing. Councilmembers shall also submit a report of such contacts in writing prior to the commencement of the hearing. Written reports shall be available for public review in the office of the City Clerk.

33. ZAB Appeal: 2018 Blake Street, Use Permit #ZP2021-0095 (Continued from October 11, 2022)
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit #ZP2021-0095 to construct a six-story, multi-family residential building with 12 units (including two Low-Income units), and dismiss the appeal.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Action Calendar
Thursday, November 3, 2022 AGENDA Page 13

34. ZAB Appeal: 1643-1647 California Street, Use Permit #ZP2021-0001 From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board (ZAB) decision to approve Use Permit #ZP2021-0001 to: 1) create a new lower basement level, 2) construct a new second story, and 3) modify the existing duplex layout resulting in a 3,763 square foot duplex on an existing property, and dismiss the appeal.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400

Action Calendar

35. Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter 13.102 (Continued from October 11, 2022) (Item contains revised material) From: Commission on Labor
Recommendation: Adopt first reading of the proposed Fair Workweek Ordinance, adding Berkeley Municipal Code Chapter 13.102.

Financial Implications: See report
Contact: Margot Ernst, Commission Secretary, (510) 981-5400

36. Recommendation on Climate, Building Electrification, and Sustainable Transportation Budget Priorities for Fiscal Year 2023 and 2024 (Reviewed by the Budget & Finance Committee)
From: Energy Commission
Recommendation: The Energy Commission recommends that the Berkeley City Council prioritize and include in the City’s budget for the Fiscal Years Ending (FYE) 2023 and 2024 several staff positions, pilot projects, investments in electric vehicles and charging infrastructure, and other measures to ensure that the City’s budget is aligned with and provides adequate and needed funding to implement the City’s adopted Climate Action Plan, Electric Mobility Roadmap, Building Emissions Saving Ordinance, 2019 ban on gas in new construction, and the Existing Buildings Electrification Strategy.

Policy Committee Recommendation: No action was taken by the Budget & Finance Committee. Item is automatically returning to the Council agenda pursuant to the 120-day time limit for items referred to policy committees.

Financial Implications: See report
Contact: Billi Romain, Commission Secretary, (510) 981-7400

Information Reports

37. Fiscal Year (FY) 2023 Civic Arts Grant Awards
From: City Manager
Contact: Eleanor Hollander, Economic Development, (510) 981-7530

Information Reports
Thursday, November 3, 2022 AGENDA Page 14

38. Fire Prevention Inspections Audit Status Report
From: City Manager
Contact: David Sprague, Fire, (510) 981-3473

39. Update: HR Response: Audit Directive(s) for Comprehensive Domestic Violence Policy to Support City Employees
From: City Manager
Contact: Donald E. Ellison, Human Resources, (510) 981-6800

40. LPO NOD: 2065 Kittredge Street/#LMSAP2021-0004
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

41. Audit Status Report: Underfunded Mandate: Resources, Strategic Plan, and Communication Needed to Continue Progress towards the Year 2020 Zero Waste Goal
From: City Manager
Contact: Liam Garland, Public Works, (510) 981-6300

42. Audit Status Report: Unified Vision of Zero Waste Activities Will Help Align Service Levels with Billing and Ensure Customer Equity
From: City Manager
Contact: Liam Garland, Public Works, (510) 981-6300

43. Audit Status Report – Lease Audit: Conflicting Directives Hinder Contract Oversight
From: City Manager
Contact: Liam Garland, Public Works, (510) 981-6300

44. Audit Status Reports: Fleet Replacement Fund Short Millions & Rocky Road:

Berkeley Streets At Risk and Significantly Underfunded
From: City Manager
Contact: Liam Garland, Public Works, (510) 981-6300

45. Audit Recommendation Status -Data Analysis of the City of Berkeley's Police Response
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900

46. Audit Recommendation Status - 911 Dispatchers: Understaffing Leads to Excessive Overtime and Low Morale
From: City Manager
Contact: Jennifer Louis, Police, (510) 981-5900

Public Comment – Items Not Listed on the Agenda

Thursday, November 3, 2022 AGENDA Page 15
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 challenging 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 within 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 communica tion. 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/.

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. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~

Thursday, November 3, 2022 AGENDA Page 16
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 October 20, 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 are public record. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item #31: Harriet Tubman Terrance Tenant Support

1. Darinxoso Oyamasela

2. Elaine Bloom

Item #34: ZAB Appeal: 1643-1647 California Street, Use Permit: #ZP2021-0001

3. Sunny Grewal, on behalf of studio g+s Architects

Item #35: Fair Workweek Ordinance; Adding Berkeley Municipal Code Chapter

13.102

4. Francisco De Sena

Measure L

5. Joel Libove

6. Finance Department

Crime

7. David Lerman (3)

8. Terrence Regan

9. Barbara Gilbert

10. Brian Edquist

11. Bryce Nesbit

Pedestrian Safety

12. David Lerman

13. Naren Dev

SPARK RV Site

14. Diana Bohn (2)

Parking and Traffic Issues

15. Barbara Gilbert

Thursday, November 3, 2022 AGENDA Page 17
IKE Kiosks

16. Cielo Rios, on behalf of Emerson Elementary (2)

17. Jeffrey Church

18. Kieron Slaughter, Chief Strategist, Economic Innovation

Residential Zoning Changes

19. Bruce Feingold
1201-1205 San Pablo Development

20. Yvette Bozzini (2)

Codornices Creek Issue – Homeless Disturbed People

21. Friends of Five Creeks (2)

22. Thomas Williams

23. Brian Beall

Thoughts of Global Safety and People’s Park

24. Peter Bruce DuMont

Scooters on Sidewalks

25. Kathleen Krier

Adeline Redesign

26. Scott Owades

27. Igor Tregub

28. Teresa Clarke

29. John Givens

30. Pablo Diaz-Gutierrez

31. Aaron Foxworthy

Parking Rates at City Garages

32. Zipporah Collins

Finn Hall

33. Phil Allen

Urban Heat Island, Dark Surfaces, Extreme Heat Events

34. Kelly Hammargren

City Clean Up Idea

35. Crystal Ngo

Chinese Berkeleyans and Civic Center Park

36. Richard Schwartz

Unable to Pay Rent

37. Kenneth Melson

Thursday, November 3, 2022 AGENDA Page 18

Okinawa Requesting Support

38. Diana Bohn

Hopkins Corridor

39. Alan Jencks

40. Dorothea Dorenz

41. Lauren Moore

42. Mary Lai

Berkeley Housing Element Draft Environmental Impact Report

43. Adolfo Cabral

44. Walter Wood

Day to Night Festival Noise Complaint

45. Heather Way

46. Kelly Zito

47. Cressy

People’s Park

48. Chrissy Hoffman

49. Max Ventura

Downtown Parking

50. Kenneth Stein
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.

Ordinance No. 7,837-N.S. Page 1 of 3
ORDINANCE NO. 7,837-N.S.

ADDING A NEW CHAPTER 13.09 TO THE BERKELEY MUNICIPAL CODE

PROHIBITING DISCRIMINATORY REPORTS TO LAW ENFORCEMENT
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. The Berkeley Municipal Code Chapter 13.09 is added to read as follows:

Chapter 13.09
Discriminatory Reports to Law Enforcement
Sections:

13.09.010 Findings and Purpose.

13.09.020 Discriminatory Reports to Law Enforcement Prohibited.

13.09.030 Civil Cause of Action.

13.09.040 Undertaking for the General Welfare.

13.09.050 Severability.

13.09.010 Findings and Purpose.

The Council finds and expressly declares as follows:

A. There have been numerous incidents across the country involving individuals contacting law enforcement to report innocuous behavior as suspicious, or to falsely report alleged criminal behavior, for what appear to be solely discriminatory reasons.

Discriminatory law enforcement reports against people of color for racially motivated reasons are common enough that many people of color have experienced one or more incident of being contacted by law enforcement when engaging in normal day- to-day activities. These incidents cause serious harm to the person falsely accused of a crime, cause anxiety and distrust among people of color, and put an unnecessary strain on law enforcement officers responding to frivolous and false calls.

B. The misuse of law enforcement by members of the public to discriminate against others should not be tolerated and the City should take action to stop such behavior in every way possible. Creating a means for people who suffer this kind of discrimination to seek redress from those who have targeted them through a civil cause of action for damages will discourage this type of behavior and provide a tangible way for these victims to be compensated for this wrong.

C. This ordinance is not intended to discourage individuals from contacting law enforcement when they are facing real danger or desire to report a crime. It will allow individuals who have been reported to law enforcement for unfair and unnecessary reasons to seek justice and restitution, and will motivate people who contact law enforcement to consider the reasons they are making the report.

13.09.020 Discriminatory Reports to Law Enforcement Prohibited.

Ordinance No. 7,837-N.S. Page 2 of 3
(a) It shall be unlawful to knowingly make a false or frivolous call to police to cause a peace officer to arrive at a location to contact a person, with the primary intent to cause any of the following to occur, on the basis of the person’s actual or perceived Protected Attributes:
(1) Infringe upon the person’s rights under either the California Constitution or the United States Constitution;
(2) Discriminate against the person;
(3) Cause the person to feel harassed, humiliated, or embarrassed; (4) Cause the person to be expelled from a place in which the person is lawfully located; (5) Damage the person’s reputation or standing within the community; or (6) Damage the person’s financial, economic, consumer, or business prospects or interests.
(b) For purposes of this Chapter, “Protected Attributes” include race, color, ancestry, ethnicity, national origin, place of birth, sex, age, religion, creed, disability, sexual orientation, gender identity, weight, or height.

13.09.030 Civil Cause of Action.
(a) Any aggrieved person may enforce the provisions of this Section by means of a civil action.
(1) A person found to have violated Section 13.09.020 (a) in a cause of action under subsection (a) shall be liable to the aggrieved person for special and general damages, but in no case less than $1,000 plus attorneys’ fees and the costs of the action. In addition, punitive damages may be awarded in a proper case. (2) Nothing in this Section shall preclude any person from seeking any other remedies, penalties, or procedures provided by law.

13.09.040 Undertaking for the General Welfare.

In enacting and implementing this ordinance, the City is assuming an undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.

13.09.050 Severability.

If any section, subsection, sentence, clause, phrase, or word of this Chapter, or any application thereof to any person or circumstance, is held to be invalid or unconstitutional by a decision of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of this Chapter. The Council of the City of Berkeley hereby declares that it would have passed this Chapter and each and every section, subsection, sentence, clause, phrase, and word not declared invalid or unconstitutional without regard to whether any other portion of this Chapter or application thereof would be subsequently declared invalid or unconstitutional.

Ordinance No. 7,837-N.S. Page 3 of 3
Section 2. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on October 11, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Droste, Hahn, Harrison, Kesarwani, Robinson, Taplin, Wengraf, and Arreguin.

Noes: None.

Absent: None.

Ordinance No. 7,838-N.S. Page 1 of 2
ORDINANCE NO. 7,838-N.S.

AMENDING BERKELEY MUNICIPAL CODE SECTIONS 23.302.070, 23.204.020,

23.206.020 AND 23.502.020 TO MODIFY THE DEFINITION OF AMUSEMENT DEVICE

ARCADES AND MODIFY PERMIT REQUIREMENTS FOR AMUSEMENT ARCADES IN

THE COMMERCIAL ZONING DISTRICT AND WHEN INCIDENTAL TO A PERMITTED USE.

BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Section 23.302.070 B. Amusement Devices Arcade is amended as follows:

Section 23.302.070 Use-Specific Regulations
B. Amusement Devices Arcade.

Incidental Use. Amusement Devices up to 25 percent of total net floor area of the primary use are allowed as an incidental use with a Zoning Certificate.

Amusement Devices are prohibited in the M Manufacturing District and MM Mixed Manufacturing District.

Section 2. That the line named Amusement Device Arcade in Table 23.204-1, Allowed Uses in Commercial Districts, within Berkeley Municipal Code Section 23.204.020, Allowed Land Uses, is amended as follows:

Section 23.204.020 Allowed Land Uses - Table 23.204-1, Allowed Uses in Commercial Districts
Amusement Device Arcade See 23.204.040.A 23.302.070.B
Section 3. That the line named Amusement Device Arcade in Table 23.206-1, Allowed Uses in the Manufacturing Districts, within Berkeley Municipal Code Section 23.206.020 Allowed Land Uses and Permit Requirements is amended as follows:

Chapter 23.206.020 Allowed Land Uses - Table 23.206-1, Allowed Uses in the Manufacturing Districts
Amusement Device
Arcade NP NP ZC ZC 23.302.070.B

Ordinance No. 7,838-N.S. Page 2 of 2
Section 4. That Berkeley Municipal Code Section 23.502.020.A.17 definition of “Amusement Device Arcade” is amended as follows:

Chapter 23.502.020 Defined Terms
A. “A” Terms…

17. Amusement Device Arcade. A type of commercial recreation center which contains amusement devices in more than 25 percent of the net floor area of the primary use. An amusement device arcade is a type of commercial recreation center irrespective of whether the amusement devices are the principal commercial activity of the establishment.

Section 5. Copies of this Ordinance shall be posted for two days prior to adoption in the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

At a regular meeting of the Council of the City of Berkeley held on October 11, 2022, this Ordinance was passed to print and ordered published by posting by the following vote:

Ayes: Bartlett, Droste, Harrison, Kesarwani, Robinson, Taplin, Wengraf, and Arreguin.

Noes: None.

Absent: Hahn.

Office of the City Attorney

CONSENT CALENDAR
November 3, 2022
To: Honorable Mayor and Members of the City Council From: Dee Williams-Ridley, City Manager
Submitted by: Farimah Faiz Brown, City Attorney
Subject: 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)

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, June 28, 2022, July 26, 2022, and September 20, 2022.

FISCAL IMPACT OF RECOMMENDATION
To be determined.

CURRENT SITUATION AND ITS EFFECTS
Pursuant to California Government Code section 8630 and Berkeley Municipal Code Chapter 2.88, on March 3, 2020, the City Manager, in her capacity as Director of Emergency Services, proclaimed a local emergency due to conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19), including a confirmed case in the City of Berkeley. As a result of multiple confirmed and presumed cases in Alameda County, the County has declared a local health emergency. The Proclamation of Local Emergency empowers the Director of Emergency Services to make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such local emergency.

Pursuant to Government Code section 8630(b) and Berkeley Municipal Code section

2.88.040.A.1, on March 10, 2020, the City Council ratified the Proclamation of Local Emergency with the passage of Resolution No. 69-312.

Pursuant to Government Code section 8630(c), the City Council must review the need for continuing the local emergency at least once every sixty (60) days. The Council last reviewed and ratified the Proclamation of Local Emergency on May 10, 2022. The Council therefore must review the continuing need for the local emergency by July 9, 2022.

This item requests that the Council review the continued need for the local emergency and again ratify the Proclamation of Local Emergency issued on March 3, 2020, initially ratified by the 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, June 28, 2022, July 26, 2022, and September 20, 2022.

If reviewed and ratified on November 3, 2022, the Council will need to again review and ratify the proclamation by January 2, 2023 in order to continue the local emergency.

If at any time the Council determines that the need for continuing the local emergency has ended, state law directs the Council to terminate the local emergency at the earliest possible date that conditions warrant. (Cal. Gov. Code section 8630(d).)

BACKGROUND
On March 1, 2020, Alameda County Public Health Department and Solano County Public Health Department reported two presumptive cases of COVID-19, pending confirmatory testing by the Centers for Disease Control (CDC), prompting Alameda County to declare a local health emergency.

On March 3, 2020, the City’s Director of Emergency Services proclaimed a local emergency due to the spread of COVID-19, including a confirmed case in the City of Berkeley and multiple confirmed and presumed cases in Alameda County.

On March 10, 2020, the City Council ratified the Proclamation of Local Emergency.

Since that date, there have been over 4,955 confirmed cases of COVID-19 and at least 55 deaths in the City of Berkeley.

Since April 2021, the highly transmissible SARS-CoV-2 B.1.617.2 (“Delta”) variant has been detected in the City of Berkeley and is contributing to substantial levels of community transmission.

The City Council has subsequently reviewed and ratified the Proclamation of Local Emergency 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, June 28, 2022, July 26, 2022, and September 20, 2022.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Not applicable.

RATIONALE FOR RECOMMENDATION
The Resolution would enable the Director of Emergency Services to continue to efficiently allocate resources due to the ongoing and imminent threat to public safety.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Dee Williams-Ridley, City Manager, City Manager’s Office (510) 981-7000 Farimah Brown, City Attorney, City Attorney’s Office (510) 981-6998 Attachments:
1: Resolution

RESOLUTION NO. –N.S.

RESOLUTION REVIEWING AND RATIFYING THE PROCLAMATION OF LOCAL

EMERGENCY
WHEREAS, the Emergency Services Act, Government Code sections 8558(c) and 8630 authorize the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a city exist; and WHEREAS, pursuant to Government Code section 8630, such an emergency may be proclaimed by the governing body or by an official designated by ordinance adopted by the governing body; and
WHEREAS, Berkeley Municipal Code section 2.88.040 provides that the City Manager, serving as the Director of Emergency Services, may request that the City Council proclaim the existence of a local emergency; and
WHEREAS, under provision of local law, if the City Council cannot be convened and, in the judgment of the Director of Emergency Services, the circumstances warrant it, a proclamation of local emergency may be issued which must be ratified or nullified by the City Council within seven days of issuance; and
WHEREAS, in accordance with authority granted under the above provisions of state and local law, the Director of Emergency Services beginning on March 3, 2020 did proclaim the existence of a local emergency caused by epidemic in the form of the global spread of a severe acute respiratory illness caused by a novel (new) coronavirus (“COVID-19”), including confirmed cases in California and the San Francisco Bay Area, and presumed cases in Alameda County prompting the County to declare a local health emergency; and WHEREAS, on March 10, 2020, the City Council ratified the Proclamation of Local Emergency with the passage of Resolution No. 69-312; and WHEREAS, Government Code section 8630(c) requires that the City Council review the need for continuing the local emergency at least once every sixty (60) days; and WHEREAS, the City Council subsequently reviewed the need for continuing the local emergency and again ratified the Proclamation of Local Emergency 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, June 28, 2022, July 26, 2022, and September 20, 2022; and
WHEREAS, the City Council does find that the aforesaid conditions of extreme peril continue to exist, and now include over 13,000 confirmed cases of COVID-19 and at least 61 deaths in the City of Berkeley, thereby warranting and necessitating the continuation of the local emergency; and

WHEREAS, the City Council will need to again review the need for continuing the local emergency and ratify the Proclamation of Local Emergency by August 27, 2022; WHEREAS, the City Council recognizes that the SARS-CoV-2 B.1.617.2 (“Delta”) variant of COVID-19 that is currently circulating nationally and within the City is contributing to a substantial increase in transmissibility and more severe disease; and WHEREAS, on July 16, 2021, in light of the apparent increased transmissibility of the Delta variant, the City of Berkeley recommended that all individuals including fully vaccinated persons wear masks in public indoor settings; and WHEREAS, on July 26, 2021, the California State Health Officer issued an order requiring vaccination or routine testing of all employees working in high-risk health care and congregate settings, in light of the fact that current requirements of staff in health care settings, such as universal mask requirements for all staff are not proving sufficient to prevent transmission of the more transmissible Delta variant; and WHEREAS, on July 27, 2021, the CDC updated its guidance for fully vaccinated persons to reflect new evidence regarding the Delta variant, noting that “[i]nfections in fully vaccinated people (breakthrough infections) happen in only a small proportion of people who are fully vaccinated, even with the Delta variant”; and WHEREAS, on August 2, 2021, the Health Officer for the City of Berkeley issued an order requiring all individuals to wear masks in all indoor public settings; and WHEREAS, on August 5, 2021, the California State Health Officer issued an order requiring that workers in healthcare settings be fully vaccinated by September 30, 2021; and
WHEREAS, on August 11, 2021, the City announced its intention to implement a vaccination policy for City employees to protect the health and safety of the City of Berkeley’s employees and community members from the imminent and substantial threat to public health and safety posed by the Delta variant; and WHEREAS, on September 14, 2021, given the increased and unforeseen risk posed by the Delta variant, as compared to earlier variants of the COVID-19 virus previously present in the City of Berkeley, the City Council found that a Citywide vaccination policy protects public health and reduces the risk of substantial harm to City staff and community members that could result from workplace outbreaks caused by the Delta variant; and WHEREAS, on September 14, 2021, given the urgency posed by the highly transmissible nature of the Delta variant, the City Council recognized the variant’s existence as creating an emergency of grave character and as warranting immediate adoption of a Citywide vaccination policy.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that it is hereby proclaimed and ordered that 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 City 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, June 28, 2022, July 26, 2022, and September 20, 2022, has been reviewed and is hereby again ratified and confirmed.

BE IT FURTHER RESOLVED that during the existence of this local emergency the powers, functions, and duties of the emergency organization of this City shall be those prescribed by state law, and the Charter, ordinances, resolutions and approved plans of the City of Berkeley.

Office of the City Attorney

CONSENT CALENDAR
November 3, 2022
To: Honorable Mayor and Members of the City Council Madame City Manager
From: Farimah Faiz Brown, City Attorney
Subject: Resolution Making Required Findings Pursuant to the Government Code and Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference

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, June 28, 2022, July 26, 2022, August 23, 2022, September 20, 2022, and October 11, 2022.

FISCAL IMPACT OF RECOMMENDATION
To be determined.

CURRENT SITUATION AND ITS EFFECTS
The City Council made the initial findings required under the Government Code on September 28, 2021. The Council must make the findings every thirty days in order to continue to meet exclusively through video conference or teleconference.

Pursuant to California Government Code section 8630 and Berkeley Municipal Code Chapter 2.88.040, on March 3, 2020, the City Manager, in her capacity as Director of Emergency Services, proclaimed a local emergency due to conditions of extreme peril to the safety of persons and property within the City as a consequence of the global spread of a severe acute respiratory illness caused by a novel (new) coronavirus (COVID-19), including a confirmed case in the City of Berkeley. As a result of multiple confirmed and presumed cases in Alameda County, the County has declared a local health emergency. On March 4, 2020, Governor Gavin Newsom issued a Proclamation of a State of Emergency due to the spread of COVID-19. On March 10, 2020, the City

Council ratified the Proclamation of Local Emergency with the passage of Resolution No. 69-312.

On March 17, 2020, Governor Newsom signed Executive Order N-29-20, which suspended certain portions of the Ralph M. Brown Act (Cal. Gov. Code § 54950 et seq.) related to the holding of teleconferenced meetings by City legislative bodies. Among other things, Executive Order N-29-20 suspended requirements that each location from which an official accesses a teleconferenced meeting be accessible to the public.

These changes were necessary to allow teleconferencing to be used as a tool for ensuring social distancing. City legislative bodies have held public meetings via videoconference and teleconference pursuant to these provisions since March 2020.

These provisions of Executive Order N-29-20 will expire on September 30, 2021.

COVID-19 continues to pose a serious threat to public health and safety. There are now over 4,700 confirmed cases of COVID-19 and at least 55 deaths in the City of Berkeley.

Additionally, the SARS-CoV-2 B.1.617.2 (“Delta”) variant of COVID-19 that is currently circulating nationally and within the City is contributing to a substantial increase in transmissibility and more severe disease.

As a result of the continued threat to public health posed by the spread of COVID-19, state and local officials continue to impose or recommend measures to promote social distancing, mask wearing and vaccination. Holding meetings of City legislative bodies in person would present imminent risks to the health and safety of the public and members of legislative bodies, and therefore public meetings cannot safely be held in person at this time
Assembly Bill 361 (Rivas), signed into law by Governor Newsom on September 16, 2021, amended a portion of the Brown Act (Government Code Section 54953) to authorize the City Council, during the state of emergency, to determine that, due to the spread of COVID-19, holding in-person public meetings would present an imminent risk to the health or safety of attendees, and therefore City legislative bodies must continue to meet via videoconference and teleconference. Assembly Bill 361 requires that the City Council must review and ratify such a determination every thirty (30) days.

Therefore, if the Council passes this resolution on November 3, 2022, the Council will need to review and ratify the resolution by December 3, 2022.

This item requests that the Council review the circumstances of the continued state of emergency posed by the spread of COVID-19, and find that the state of emergency continues to directly impact the ability of the public and members of City legislative bodies to meet safely in person, that holding public meetings of City legislative bodies in person would present imminent risks to the health and safety of attendees, and that state and local officials continue to promote social distancing, mask wearing and vaccination. This item further requests that the Council determine that City legislative bodies, including but not limited to the City Council and its committees, and all commissions and boards, shall continue to hold public meetings via videoconference

and teleconference, and that City legislative bodies shall continue to comply with all provisions of the Brown Act, as amended by SB 361.

BACKGROUND
On March 1, 2020, Alameda County Public Health Department and Solano County Public Health Department reported two presumptive cases of COVID-19, pending confirmatory testing by the Centers for Disease Control (CDC), prompting Alameda County to declare a local health emergency.

On March 3, 2020, the City’s Director of Emergency Services proclaimed a local emergency due to the spread of COVID-19, including a confirmed case in the City of Berkeley and multiple confirmed and presumed cases in Alameda County.

On March 4, 2020, Governor Gavin Newsom issued a Proclamation of a State of Emergency due to the spread of COVID-19.

On March 10, 2020, the City Council ratified the Proclamation of Local Emergency.

Since that date, there have been over 4,700 confirmed cases of COVID-19 and at least 57 deaths in the City of Berkeley.

On March 17, 2020, Governor Newsom signed Executive Order N-29-20 which suspended certain portions of the Ralph M. Brown Act (Cal. Gov. Code § 54950 et seq.) to allow teleconferencing of public meetings to be used as a tool for ensuring social distancing. As a result, City legislative bodies have held public meetings via teleconference throughout the pandemic. The provisions of Executive Order N-29-20 allowing teleconferencing to be used as a tool for social distancing will expire on September 30, 2021.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Not applicable.

RATIONALE FOR RECOMMENDATION
The Resolution would enable the City Council and its committees, and City boards and commissions to continue to hold public meetings via videoconference and teleconference in order to continue to socially distance and limit the spread of COVID-

19. ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Farimah Brown, City Attorney, City Attorney’s Office (510) 981-6998 Mark Numainville, City Clerk, (510) 981-6908
Attachments:1: Resolution Directing City Legislative Bodies to Continue to Meet Via Videoconference and Teleconference

RESOLUTION NO. –N.S.

RESOLUTION MAKING THE REQUIRED FINDINGS PURSUANT TO GOVERNMENT CODE SECTION 54953(E)(3) AND DIRECTING CITY LEGISLATIVE BODIES TO

CONTINUE TO MEET VIA VIDEOCONFERENCE AND TELECONFERENCE WHEREAS, in accordance with Berkeley Municipal Code section 2.88.040 and sections 8558(c) and 8630 of the Government Code, which authorize the proclamation of a local emergency when conditions of disaster or extreme peril to the safety of persons and property within the territorial limits of a City exist, the City Manager, serving as the Director of Emergency Services, beginning on March 3, 2020, did proclaim the existence of a local emergency caused by epidemic in the form of the global spread of a severe acute respiratory illness caused by a novel (new) coronavirus (“COVID-19”), including confirmed cases in California and the San Francisco Bay Area, and presumed cases in Alameda County prompting the County to declare a local health emergency; and WHEREAS, on March 10, 2020, the City Council ratified the Proclamation of Local Emergency with the passage of Resolution No. 69-312; and WHEREAS, on March 4, 2020, Governor Gavin Newsom issued a Proclamation of a State of Emergency pursuant to the California Emergency Services Act, in particular, Government Code section 8625; and
WHEREAS, the Proclamation of a State of Emergency issued by Governor Newsom on March 4, 2020 continues to be in effect; and
WHEREAS, on September 16, 2021, Governor Newsom signed into law AB 361, which authorizes the City Council to determine that, due to 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; and
WHEREAS, the City Council does find that the aforesaid conditions of extreme peril continue to exist, and now include over 4,700 confirmed cases of COVID-19 and at least 55 deaths in the City of Berkeley; and
WHEREAS, the City Council recognizes that the SARS-CoV-2 B.1.617.2 (“Delta”) variant of COVID-19 that is currently circulating nationally and within the City is contributing to a substantial increase in transmissibility and more severe disease; and WHEREAS, as a result of the continued threat to public health posed by the spread of COVID-19, state and local officials continue to impose or recommend measures to promote social distancing, mask wearing and vaccination; and

WHEREAS, holding meetings of City legislative bodies in person would present imminent risks to the health and safety of the public and members of legislative bodies, and therefore public meetings cannot safely be held in person at this time; and WHEREAS, the City Council made the initial findings required by the Government Code on September 28, 2021; and
WHEREAS, the City Council made subsequent findings required by the Government Code 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, June 28, 2022, July 26, 2022, August 23, 2022, September 20, 2022, and October 11, 2022; and
WHEREAS, the City Council will need to again review the need for the continuing necessity of holding City legislative body meetings via videoconference and teleconference by December 3, 2022.

NOW, THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that, pursuant to Government Code section 54953, the City Council has reviewed the circumstances of the continued state of emergency posed by the spread of COVID-19, and finds that the state of emergency continues to directly impact the ability of the public and members of City legislative bodies to meet safely in person, that holding public meetings of City legislative bodies in person would present imminent risks to the health and safety of attendees, and that state and local officials continue to promote social distancing, mask wearing and vaccination.

BE IT FURTHER RESOLVED that City legislative bodies, including but not limited to the City Council and its committees, and all commissions and boards, shall continue to hold public meetings via videoconference and teleconference.

BE IT FURTHER RESOLVED that all City legislative bodies shall comply with the requirements of Government Code section 54953(e)(2) and all applicable laws, regulations and rules when conducting public meetings pursuant to this resolution.

City Clerk Department
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7000 ● TDD: (510) 981-6903 ● Fax: (510) 981-7099 E-Mail: [email protected] Website: http://www.berkeleyca.gov

CONSENT CALENDAR
November 3, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: 2022 Annual Commission Attendance and Meeting Frequency Report

RECOMMENDATION
Review and accept the 2022 annual commission attendance and meeting frequency report.

FISCAL IMPACTS OF RECOMMENDATION
None.

CURRENT SITUATION AND ITS EFFECTS
Each year, Berkeley’s commissions prepare an annual attendance report for submittal to Council. These reports include the number of meetings, meeting cancellations, commissioners in attendance, length of meetings, number of speakers, and members of the public present. The reports also reflect the number of vacant positions on the commission as of August 31, 2022.

Due to the Shelter-in-Place order necessitated by the COVID-19 pandemic, most commissions ceased or greatly scaled back their activities in March of 2020. During the pandemic, commissions met virtually only if they had time-sensitive, legally-mandated business to complete. This policy was adopted on March 17, 2020, by Resolution No. 69,331-N.S., ratifying the City Manager’s direction limiting the meetings of city legislative bodies in order to maintain staff resources to address the pandemic.

Resolution No. 69,331-N.S. divided commissions into two categories, depending on their meeting the criteria of having time-sensitive, legally mandated business to complete. The meeting activity for the reporting period of September 1, 2021, through August 31, 2022, has been broken down by category below. Most of those commissions meeting the criteria set by Resolution No. 69,331-N.S. began meeting regularly in the summer of 2020.

2022 Annual Commission Attendance and Meeting Frequency Report Consent Calendar November 3, 2022
2 Category A
These commissions resumed or began meeting virtually after the initial Shelter-in-Place to meet their legal obligations.

Commission
Design Review Committee
Fair Campaign Practices Commission
Housing Advisory Commission
Landmarks Preservation Commission
Open Government Commission
Personnel Board
Planning Commission
Police Accountability Board
Zoning Adjustments Board
Category B
Requests by these commissions to meet during the pandemic were accommodated on a case-by-case basis by the City Manager.

Commission
Cannabis Commission
Civic Arts Commission
Commission on Aging
Commission on Disability
Commission on Labor
Commission on the Status of Women
Community Health Commission
Disaster and Fire Safety Commission
Elmwood BID Advisory Board
Environment and Climate Commission
Homeless Services Panel of Experts
Human Welfare and Community Action Commission
Loan Administration Board
Mental Health Commission
Parks, Recreation and Waterfront Commission
Peace and Justice Commission
Solano Avenue BID Advisory Board
Sugar-Sweetened Beverage Product Panel of Experts
Transportation and Infrastructure Commission
Youth Commission
Zero Waste Commission

2022 Annual Commission Attendance and Meeting Frequency Report Consent Calendar November 3, 2022
3 BACKGROUND
On June 14, 2005, the City Council discussed the reduction of commission meetings as a cost-savings measure, and adopted a proposal which created three categories of commission meeting schedules, a process for requesting Council approval of any extra meetings, direction to commission secretaries to submit an information report whenever a commission cancels two consecutive meetings for lack of quorum, and an annual attendance report. Council adopted Resolution No. 63,949–N.S. on January 15, 2008, which updated the commission meeting frequency schedule to include a fourth category of meeting frequency. On December 11, 2018, Council adopted Resolution No. 68,705– N.S., which changed the reporting period from November through October to September through August to allow commissions sufficient time to set their schedules for the following year. On March 17, 2020, Resolution No. 69,331-N.S. ratified the City Manager’s direction limiting the meetings of city legislative bodies in order to maintain staff resources to address the pandemic.

Some of the reports also reflect the reorganization of commissions that occurred in 2021 and 2022.

On September 28, 2021, the Council adopted Ordinance 7,782-N.S. which amended the enabling legislation of the Housing Advisory Commission to include the oversight of Measure O bond-funded housing initiatives.

On December 14, 2021, the Council adopted Ordinance 7,794-N.S. establishing the Parks, Recreation, and Waterfront Commission and dissolving three commissions, the Parks and Waterfront Commission, the Children, Youth, and Recreation Commission, and the Berkeley Animal Care Commission.

On January 18, 2022, the Council adopted Ordinance No. 7,796–N.S. establishing the Environment and Climate Commission and dissolving two commissions, the Berkeley Energy Commission and the Community Environmental Advisory Commission.

On May 31, 2022, the Council adopted Ordinance No. 7,814-N.S. which amended the enabling legislation of the Homeless Services Panel of Experts and dissolved the Homeless Commission.

On June 14, 2022, the Council adopted Resolution No. 70,410-N.S. establishing the Transportation and Infrastructure Commission and dissolving two commissions, the Transportation Commission and the Public Works Commission, effective June 30, 2022.

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

2022 Annual Commission Attendance and Meeting Frequency Report Consent Calendar November 3, 2022
4 POSSIBLE FUTURE ACTION
Staff availability for board and commission support during the ongoing emergency may be periodically reassessed by the City Manager, the Health Officer, and department heads.

CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:
1: 2022 Annual Commission Attendance Reports
1a. Category A Commissions
1b. Category B Commissions
2: 2022 Approved Leaves of Absence by Commission Report

2021 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category A\2022 Design Review Committee Annual Commission Meeting Report.docx
Commission: Design Review Committee
Commission Secretary: Anne Burns
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/16/21 6 of 7 6 6 1 hr
10/21/21 7 of 7 11 8 2.25 hrs
11/18/21 7 of 7 17 11 2.75 hrs
12/16/21 7 of 7 16 7 1.75 hrs
1/20/22 7 of 7 15 8 3.25 hrs
2/17/22 6 of 7 28 20 3.25 hrs
3/29/22 5 of 7 20 16 3.25 hrs
4/21/22 7 of 7 21 15 3.25 hrs
5/19/22 6 of 7 25 25 4.5 hrs
6/16/22 6 of 7 19 8 3.25 hrs
7/21/22 7 of 7 7 7 2.75 hrs
8/18/22 6 of 7 24 11 2.75 hrs
Vacant seats: 0
(as of August 31, 2021)
Attachment 1a

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category A\2022 FCPC_2022 Annual Commission Meeting Report Form.docx
Commission: Fair Campaign Practices Commission
Commission Secretary: Samuel Harvey
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/16/2021 9 of 9 2 2 3 hrs
10/21/2021 Yes – slow workflow/no
pending matters
11/18/2021 8 of 9 1 1 1.5 hrs
1/20/2022 9 of 9 1 1 3.5 hrs
2/17/2022 Yes – slow workflow/no
pending matters
3/17/2022 6 of 9 1 1 1.5 hrs
5/19/2022 Yes – technical
difficulties
6/16/2022 6 of 9 0 0 1.5 hrs
7/21/2022 Yes – slow workflow
8/25/2022 6 of 7 18 14 2.5 hrs
Vacant seats: 3
(as of August 31, 2022)
Attachment 1a

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category A\2022 HAC Annual Commission Meeting Report Form.docx
Commission: Housing Advisory Commission (HAC)
Commission Secretary: Mike Uberti (Senior CDPC, HHCS) Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/30/2021 8 of 9 0 1 2 hours
11/4/2021 7 of 8 25 13 1 hr 59 minutes
02/03/2022 9 of 9 14 11 2 hrs 10 minutes
03/03/2022 8 of 9 9 12 3 hrs 32 minutes
04/07/2022 8 of 9 11 5 3 hrs 2 minutes
05/05/2022 8 of 8 5 2 26 minutes
07/07/2022 5 of 7 24 13 3 hrs 32 minutes
Vacant seats:
(as of August 31, 2022)
Attachment 1a

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category A\2022 Landmarks Preservation Commission Annual Commission Meeting Report Form.docx
Commission: Landmarks Preservation Commission
Commission Secretary: Fatema Crane
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/2/2021 7of 9 3 0 1.5 hrs
10/72021 8 of 9 14 1 4 hrs
11/4/2021 9 of 9 23 11 4.5 hrs
12/2/2021 8 of 9 16 19 2.75 hrs
1/6/2022 9 of 9 6 3 3 hrs
2/3/2022 9 of 9 13 13 3.25 hrs
3/3/2022 7 of 9 12 8 2.5 hrs
4/7/2022 8 of 9 22 7 2.5 hrs
5/5/2022 7 of 8 51 19 3 hrs
6/2/2022 7 of 9 28 14 4.75 hrs
7/7/2022 Yes- staff not available
8/4/2022 8 of 9 51 20 4 hrs
Vacant seats:
(as of August 31, 2022)
Attachment 1a

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category A\2022 OGC Annual Commission Meeting Report Form.docx
Commission: Open Government Commission
Commission Secretary: Samuel Harvey
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/16/2021 9 of 9 2 2 3 hrs
10/21/2021 Yes – slow workflow/no
pending matters
11/18/2021 8 of 9 1 1 1.5 hrs
1/20/2022 9 of 9 1 1 3.5 hrs
2/17/2022 Yes – slow workflow/no
pending matters
3/17/2022 6 of 9 1 1 1.5 hrs
5/19/2022 Yes – technical
difficulties
6/16/2022 6 of 9 0 0 1.5 hrs
7/21/2022 Yes – slow workflow/no
pending matters
Vacant seats: 3
(as of August 31, 2022)
Attachment 1a

I
2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 Commission: PERSONNEL BOARD
Commission Secretary: DONALD ELLISON
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/15/20 8 of 9 5 3 2.5 hrs
2/1/21 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
09/07/21 5 of 7 10 1 1.75 hrs
10/04/21 Yes – COVID
11/01/21 Yes – COVID
12/06/21 Yes – COVID
12/20/21 4 of 7 8 1 1.25 hrs
01/03/22 Yes – COVID
02/07/22 5 of 6 11 2 1 hr
03/07/22 5 of 6 5 1
04/04/22 6 of 6 5 1 0.75 hrs
05/09/22 6 of 6 7 1 1 hr
06/13/22 Yes – COVID
Vacant seats: 2
(as of August 31, 2021)
Attachment 1a

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category A\2022 Planning Commission Annual Attendance Repor.docx
Commission: Planning Commission
Commission Secretary: Alene Pearson
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/1/2021 No. 9 of 9 105 47 3hr 34 min
10/6/2021 No. 8 of 9 27 7 2hr 35 min
10/20/2021 No. 9 of 9 32 8 1 hr 43 min
11/3/2021 No. 8 of 9 107 53 3 hr 56 min
12/1/2021 No. 7 of 9 2 0 45 min
1/19/2022 No. 9 of 9 4 1 1 hr 7 min
2/9/2022 No. 8 of 9 11 0 1 hr 13 min
3/2/2022 No. 8 of 9 24 17 3 hr 35 min
4/6/2022 No. 9 of 9 117 53 4 hr 46 min
5/4/2022 No. 7 of 9 11 3 1 hr 54 min
6/1/2022 No. 9 of 9 12 10 2 hr 27 min
7/6/2022 No. 8 of 9 7 7 1 hr 51 min
Vacant seats: 0
(as of August 31, 2022)
Attachment 1a

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category A\2022 Police Accountability Board Annual Attendance Report.docx
Commission: Police Accountability Board
Commission Secretary: No Commission Secretary as of 8-31-2022 Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/8/2021 9 of 9 27 10 3.6 hrs
9/22/2021 9 of 9 18 7 1.8 hrs
9/29/2021 9 of 9 21 9 3.1 hrs
10/13/2021 8 of 9 17 3 3.7 hrs
10/27/2021 9 of 9 14 4 3.1 hrs
11/10/2021 8 of 9 16 7 3.3 hrs
11/17/2021 9 of 9 10 1 3.4 hrs
12/8/2021 8 of 9 16 9 3.9 hrs
12/7/2021 8 of 9 10 0 2.6 hrs
1/5/2022 8 of 9 6 1 2.6 hrs
1/12/2022 9 of 9 30 14 3.4 hrs
1/26/2022 9 of 9 30 5 2.8 hrs
2/9/2022 9 of 9 30 7 3.4 hrs
2/23/2022 8 of 9 0 0 1.2 hrs
2/23/2022 9 of 9 21 7 2.9 hrs
3/9/2022 9 of 9 20 7 4.1 hrs
3/23/2022 8 of 9 9 4 2.8 hrs
3/30/2022 8 of 9 10 5 2.5 hrs
4/13/2022 9 of 9 16 9 3.9 hrs
4/26/2022 *Yes
4/27/2022 8 of 9 13 8 2.6 hrs
5/11/2022 9 of 9 17 5 4.1 hrs
5/25/2022 8 of 9 15 8 3.9 hrs
6/8/2022 9 of 9 17 8 4 hrs
6/22/2022 8 of 9 10 8 2.9 hrs
6/29/2022 8 of 9 1 1 3.9 hrs
7/13/2022 8 of 9 12 9 3.8 hrs
7/20/2022 8 of 9 12 4 3.5 hrs
Vacant seats: 0
(as of August 31, 2022)
Attachment 1a

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category A\2022 Police Accountability Board Annual Attendance Report.docx
7/27/2022 8 of 9 20 7 3.2 hrs
*The 4-26-2022
regular meeting was cancelled, because there was something coming before Council that night that PAB wanted to comment or present on.

The dates
that are highlighted were special meetings.

Attachment 1a

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category A\2022 Zoning Adjustments Board Annual Commission Meeting Report Form.docx
Commission: Zoning Adjustments Board
Commission Secretary: Samantha Updegrave
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/9/2021 9 of 9 23 22 3.75 hrs
10/14/2021 6 of 9 51 2 0.5 hrs
10/28/2021 9 of 9 36 24 2.75 hrs
12/09/2021 9 of 9 30 15 3.5 hrs
1/13/2022 8 of 9 20 18 3.5 hrs
2/24/2022 9 of 9 19 1 0.75 hrs
3/24/2022 8 of 9 4 0 0.5 hrs
4/28/2022 9 of 9 64 33 5.25 hrs
5/26/2022 8 of 9 36 10 3 hrs
6/23/2022 8 of 9 39 13 3.5 hrs
7/14/2022 7 of 9 23 9 1.5 hrs
8/11/2022 8 of 8 13 2 0.75 hrs
Vacant seats:
(as of August 31, 2022)
Attachment 1a

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category B\2022 Cannabis Annual Commission Meeting Report Form.docx
Commission: Cannabis Commission
Commission Secretary: Cecelia Mariscal
Exampl
e:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
2022 No meetings
(Commission has not
held meetings since
March 2020)
2021 No meetings
Vacant seats:
(as of August 31, 2022)
Attachment 1b

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category B\2022 Civic Arts Commission Annual Commission Meeting Report Form.docx
Commission: Civic Arts Commission
Commission Secretary: Jennifer Lovvorn
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/22/21 7 of 8 3 0 1.86 hrs
10/27/21 8 of 8 1 0 2.32 hrs
12/8/21 8 of 9 7 1 2.18 hrs
1/19/22 8 of 8 4 1 2.07 hrs
2/23/22 8 of 8 6 3 1.8 hrs
3/23/22 9 of 9 2 1 1.5 hrs
04/27/22 9 of 9 2 0 2.16 hrs
5/25/22 7 of 9 1 1 2.68 hrs
6/22/22 7 of 8 1 0 1.73 hrs
7/27/22 7 of 8 6 1 2.57 hrs
8/20/22 8 of 8 0 0 4.02 hrs
Vacant seats: 1
(as of August 31, 2022)
Attachment 1b

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category B\2022 Commission on Aging Annual Attendance Report.docx
Commission: Commission on Aging
Commission Secretary: Richard Castrillon
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/15/2021 6 of 7 0 1 2 hrs
10/20/2021 7 of 7 0 0 2 hrs
11/17/2021 7 of 7 0 0 2 hrs
1/19/2022 5 of 6 0 0 2 hrs
2/16/2022 5 of 5 1 0 2 hrs
3/16/2022 5 of 5 1 1 2 hrs
4/20/2022 5 of 5 0 0 2 hrs
5/18/2022 5 of 5 2 0 2 hrs
6/15/2022 4 of 5 39 3 2.5 hrs
7/20/2022 3 of 5 0 0 2 hrs
Vacant seats: 5
(as of August 31, 2022)
Attachment 1b

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category B\2022 Commission on Disability Annual Attendance Report.docx
Commission: Commission on Disability
Commission Secretary: Dominika Bednarska until 7/15/22 then Andrew Brozyna Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
09/01/21 3 of 3 4 3 3 hours
10/06/21 2 of 3 3 hours
10/20/21 3 of 3 1 2.5 hours
11/03/21 2 of 3 1 3 hours
12/08/21 3 of 3 3 hours
01/12/22 3 of 3 1 hour
01/19/22 3 of 3 3 hours
03/02/22 4 of 4 3 hours
04/06/22 4 of 4 2 hours
05/04/22 Technical Issues 0 0
05/18/22 3 of 4 3 hours
06/01/22 Technical Issues 0 0
06/22/22 3 of 3 3 hours
07/06/22 3 of 3 3 3 3 hours
08/03/22 2 of 3 2 hours
Vacant seats: 6
(as of August 31, 2022)
Attachment 1b

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category B\2022 Commission on Labor Annual Attendance Repo.docx
Commission: Commission on Labor
Commission Secretary: Joshua Oehler
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/22/2021 No 9 of 9 31 16 3 hrs
11/17/2021 No 8 of 9 22 0 2.25 hrs
01/19/2022 No 8 of 8 3 0 1.25 hrs
03/09/2022 No 8 of 8 0 0 1 hr
05/18/2022 No 8 of 8 0 0 1.25 hrs
07/20/2022 No 8 of 8 0 0 2 hrs
Vacant seats: 2
(as of August 31, 2022)
Attachment 1b

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category B\2022 Commission on the Status of Women Annual Commission Meeting Report Form.docx
Commission: Commission on the Status of Women
Commission Secretary: Shallon Allen
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/15/21 4 0 0 26min
10/20/21 Yes – no quorum
11/17/21 5 1 1 1hr 21min
1/19/22 5 3 3 1hr 34min
2/16/22 4 2 2 1hr 54min
3/16/22 5 1 1 55min
4/20/22 Yes – no quorum
5/18/22 Yes – no quorum
6/15/22 Yes – no quorum
8/17/22 4 2 2 1hr 2min
Vacant seats: 6
(as of August 31, 2022)
Attachment 1b

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category B\2022 Community Health Commission Annual Attendance Repor.docx
Commission: Community Health Commission
Commission Secretary: Roberto Terrones
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/23/2021 Yes – Covid-19
10/28/2021 Yes – Covid-19
11/18/2021 No 12 of 14 0 0 2.0 hrs
1/27/2022 No 8 of 14 1 1 2.0 hrs
2/24/2022 No 11 of 15 1 0 1.7 hrs
3/24/2022 No 10 of 15 1 0 0.97 hrs
4/28/2022 No 10 of 15 0 0 1.83 hrs
5/26/2022 No 10 of 15 0 0 2.33 hrs
6/23/2022 Yes – Commission
restructuring
7/28/2022 No 4 of 7 0 0 2.57 hrs
Vacant seats: 2
(as of August 31, 2022)
Attachment 1b

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category B\2022 Disaster Annual Commission Meeting Report Form.docx
Commission: Disaster and Fire Safety Commission
Commission Secretary: Keith May
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/22/2021 7 of 8 5 1 2.5 hrs
10/27/2021 6 of 8 9 9 3.0 hrs
12/01/2021 6 of 8 7 7 2.0 hrs
1/26/2022 7 of 8 13 7 2.0 hrs
2/23/2022 6 of 7 12 7 2.5 hrs
3/23/2022 6 of 8 22 3 3.0 hrs
4/13/2022 8 of 8 8 5 2.0 hrs
4/27/2022 7 of 8 8 3 1.25 hrs
5/25/2022 6 of 8 3 1 2.0 hrs
6/22/2022 8 of 8 4 1 2.0 hrs
8/3/2022 7 of 8 42 10 2.5 hrs
Vacant seats: 1
(as of August 31, 2022)
Attachment 1b

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category B\2022 ELMWOOD BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD Annual Attendance Report Form.docx Commission: ELMWOOD BUSINESS IMPROVEMENT DISTRICT ADVISORY BOARD Commission Secretary: Kieron Slaughter
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/10/21 3 of 5 0 0 1.5 hrs
Vacant seats: 7
(as of August 31, 2022)
Attachment 1b

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category B\2022 Environment and Climate Commission Annual Attendance Repo.docx
Commission: Environment & Climate Commission
Commission Secretary: Billi Romain
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
5/25/2022 4 of 4 2 1 1.75 hours
6/22/2022 5 of 5 5 1 2.0 hours
7/27/2022 4 of 6 3 1 2.0 hours
Vacant seats: 3
(as of August 31, 2022)
Attachment 1b

2022 A
nnual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 Commission: Homeless Services Panel of Experts
Commission Secretary: Josh Jacobs
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/15/19 8 of 9 5 3 2.5 hrs
2/1/20 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/1/21 5 of 5 0 0 2 hours
1/5/22 5 of 6 15 7 2 hours
2/2/22 6 of 6 7 2 2 hours
3/2/22 7 of 7 3 0 2 hours
4/6/22 7 of 7 2 2 2 hours
4/18/22 6 of 7 2 0 2 hours
4/25/22 6 of 7 1 0 2 hours
5/4/22 7 of 7 1 0 2 hours
6/1/22 6 of 7 1 0 2 hours
6/22/22 4 of 7 1 0 1 hour
7/6/22 7 of 7 4 1 2.5 hours
Vacant seats: 2
(as of August 31, 2022)
Attachment 1b

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category B\2022 HWCAC Annual Commission Meeting Report Form.docx
Commission: Human Welfare and Community Action Commission Commission Secretary: Mary-Claire Katz
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/15/21 Yes – no quorum N/A N/A N/A N/A
10/20/21 No 7 of 9 None None 2 hrs
11/17/21 No 7 of 8 None None 2 hrs
2/16/22 No 6 of 6 1 None 2 hrs
3/23/22 No 5 of 6 1 1 1.5 hrs
4/27/22 No 6 of 6 None None 2 hrs
5/18/22 No 5 of 6 None None 2 hrs
6/15/22 No 6 of 6 None None 1.45 hrs
7/20/22 Yes – no quorum N/A N/A N/A N/A
8/31/22 No 5 of 6 1 1 2 hrs
9/21/22 TBD TBD TBD TBD TBD
Vacant seats: 9
(as of August 31, 2022)
Attachment 1b

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category B\2022 LOAN ADMINISTRATION BOARD Annual Attendance Report.docx
Commission: LOAN ADMINISTRATION BOARD
Commission Secretary: Kieron Slaughter
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
1/27/22 7 of 7 1 1 2 hrs
3/21/22 5 of 7 1 1 1 hrs
Vacant seats: 2
(as of August 31, 2022)
Attachment 1b

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category B\2022 Mental Health Commission Annual Attendance Repor.docx
Commission: Mental Health Commission
Commission Secretary: Jamie Works-Wright
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/23/21 No 7 of 8 7 2 2 hrs. 10 min
10/28/21 No 5 of 9 6 1 2 hrs. 15 min
12/16/21 No 7 of 8 15 5 2 hrs. 19 min
1/27/22 No 6 or 7 18 2 2 hrs. and 14 min
2/24/22 No 5 of 7 15 1 1 hr. and 58 min
3/24/22 No 4 of 6 7 0 2 hrs. 9 min
4/28/22 No 5 of 6 17 4 2 hrs. 25 min
5/26/22 No 5 of 6 22 6 2 hrs. 10 min
6/23/22 No 4 of 6 8 3 2 hrs.
7/28/22 No 7 of 8 16 6 2.5 hrs.
8/23/22 No 7 of 8 11 3 2 hrs. 15 min
Vacant seats: 5
(as of August 31, 2022)
Attachment 1b

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category B\2022 Parks, Rec, and Waterfront Annual Commission Meeting Report Form.docx
Commission: Parks, Recreation, and Waterfront
Commission Secretary: Roger Miller
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
New
Commission
02-16-2022 9 of 9 10 6 3.5 hrs
03-09-2022 9 of 9 9 4 3.0 hrs
04-27-2022 9 of 9 12 11 2.50 hrs
05-11-2022 9 of 9 31 16 3.25 hrs
06-08-2022 8 of 9 17 5 2.25 hrs
07-13-2022 8 of 8 216 50 3.0 hrs
No August mtg
Vacant seats: 0
(as of August 31, 2022)
Attachment 1b

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category B\2022 Peace and Justice Commission Annual Commission Meeting Report Form.docx
Commission: Peace and Justice Commission
Commission Secretary: Okeya Vance-Dozier
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
09/2021 I was not the secretary
10/04/2021 11 of 11 4 2 3 hrs and 12 mins
11/01/2021 10 of 10 5 4 1 hr and 50 mins
12/13/2021 7 of 9 2 2
1/4/2022 9 of 9 4 4 1 hr and 50 mins
2/7/2022 Yes-conflicting schedule 1 hr and 30 mins
3/7/2022 9 of 9 3 1 2 hrs and 30 mins
4/4/2022 8 of 9 3 2 3 hrs and 10 mins
5/2/2022 6 of 9 3 1 2 hrs and 25 mins
6/6/2022 7 of 9 3 3 2 hrs and 48 mins
7/18/2022 Yes-conflicting schedule
8/15/2022 7 of 9 2 2 2 hrs
Vacant seats:
(as of August 31, 2022)
Attachment 1b

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category B\2022 Solano BID Advisory Board Annual Commission Meeting Report Form.docx
Commission: Solano BID Advisory Board
Commission Secretary: Eleanor Hollander
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
7/12/22 3 of 3 3 3 50 Minutes
5/31/22 3 of 3 2 2 50 Minutes
3/22/22 3 of 4 3 3 55 minutes
9/21/21 3 of 4 3 3 70 minutes
11/9/21 Yes, no quorum
Vacant seats: 6
(as of August 31, 2022)
Attachment 1b

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category B\2022 Sugar-Sweetened Beverage Product Panel of Experts Annual Attendance Repor.docx
Commission: Sugar-Sweetened Beverage Product Panel of Experts Commission Secretary: Roberto Terrones (Interim Secretary) Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/23/2021 No 6 of 8 0 0 1.85 hrs
10/21/2021 No 8 of 8 0 0 2.15 hrs
11/18/2021 No 7 of 8 0 0 1.87 hrs
1/20/2022 No 5 of 7 0 0 1.68 hrs
2/17/2022 No 6 of 7 0 0 1.8 hrs
3/17/2022 Yes – Break,
4/21/2022 No 6 of 7 0 0 1.87 hrs
5/19/2022 No 8 of 8 0 0 1.7 hrs
6/16/2022 No 4 of 8 0 0 0.75 hrs
7/21/2022 No 5 of 8 0 0 1.12 hrs
Vacant seats: 1
(as of August 31, 2022)
Attachment 1b

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 C:\Users\agard\Desktop\2022 Annual Commission Meeting Report Form - Transportation and Infrastructure Commission.docx Commission: Transportation and Infrastructure Commission Commission Secretary: Farid Javandel
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
7/27/2022 4 of 5 4 3 1.25 hours
Vacant seats: 4
(as of August 31, 2022)

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 \\cobnas11\g$\Departmental-Data\City-Clerk\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Council Report\2022 Youth Annual Commission Meeting Report Form (002).docx
Commission: Youth Commission
Commission Secretary: Ginsi K. Bryant
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/12/2021 11 of 14 1.29 hrs
11/08/2021 10 of 15 1.37 hrs
12/13/2021 10 of 15 1.03 hrs
1/10/2022 7 of 9 1..20 hrs
2/14/2022 7 of 9 1.13 hrs
3/14/2022 7 of 9 .50 min
4/11/2022 9 of 9 .50 min
5/9/2022 7 of 8 1.13 hrs
June Break
July Break
August Break
Vacant seats:
(as of August 31, 2022)

2022 Annual Commission Attendance Report
Reporting Period: September 1, 2021 through August 31, 2022 G:\CLERK\COMMISSIONS\Admin\Meeting Frequency Report\2022\Received Reports\Current\Category B\2022 Zero Waste Commission Annual Attendance Repor.docx
Commission: Zero Waste Commission
Commission Secretary: Heidi Obermeit
Examp
le:

Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
10/10/2021 8 of 9 5 3 2.5 hrs
1/19/2022 Yes – no quorum
Scheduled
Meeting Date
Cancelled?
If Yes, Provide Reason
Commissioners
Present
Public
Present
Public
Speakers
Meeting
Length
9/27/2021 8 of 9 8 3 2 hrs
10/25/2021 7 of 9 6 6 2 hrs
11/15/2021 7 of 9 6 6 2 hrs
1/24/2022 7 of 8 5 10 2 hrs
2/28/2022 8 of 8 8 7 2 hrs
3/28/2022 Yes – no quorum
4/25/2022 6 of 6 12 9 2 hrs
5/23/2022 4 of 6 8 5 1 hr
6/27/2022 5 of 6 4 2 2 hrs
7/25/2022 4 of 6 4 8 2 hrs
No mtg in
August
Commission on recess
Vacant seats: 3
(as of August 31, 2022)
Attachment 1b

Attachment B

Approved Leaves of Absence Granted During the Period
September 1, 2021 - August 31, 2022
Commission # Leaves granted
Cannabis Commission 0
Civic Arts Commission 4
Commission on Aging 0
Commission on Disability 2
Commission on Labor 0
Commission on the Status of Women 0
Community Health Commission 4
Design Review Committee 0
Disaster and Fire Safety Commission 4
Elmwood Business Improvement District Advisory Board 2
Environment and Climate Commission 2
Fair Campaign Practices Commission 3
Homeless Services Panel of Experts 1
Housing Advisory Commission 8
Human Welfare and Community Action Commission 2
Landmarks Preservation Commission 9
Loan Administration Board 0
Mental Health Commission 0
Open Government Commission 0
Parks, Recreation and Waterfront Commission 3
Peace and Justice Commission 1
Personnel Board 0
Planning Commission 6
Police Accountability Board 10
Solano Avenue Business Improvement District Advisory Board 0 Sugar-Sweetened Beverage Product Panel of Experts 3
Transportation and Infrastructure Commission 0
Youth Commission 1
Zero Waste Commission 1
Zoning Adjustments Board 11

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
November 3, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Paul Buddenhagen, Deputy City Manager
Subject: Contract No. 32200039 Amendment: Townsend Public Affairs, Inc. for Legislative and Funding Advocacy Strategy

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200039 with Townsend Public Affairs, Inc., for an ongoing tailored legislative and funding advocacy strategy, increasing the contract amount by $72,000, for an amount not-to-exceed $117,000, and extending the contract from December 31, 2022 to December 31, 2023.

FISCAL IMPACTS OF RECOMMENDATION
The proposed amendment will support 16 months of contracted services by increasing the Townsend Public Affairs, Inc. contract amount by $72,000 from $45,000 to a not to exceed amount of $117,000. The funding source for the amendment is 011-99-900-900- 0000-000-412-612990.

CURRENT SITUATION AND ITS EFFECTS
The City requires legislative information and support including:
 Review of legislation to determine potential beneficial or adverse impacts to the City and recommend appropriate responses.
 Monitoring, analysis, and reporting on selected legislative and agency hearings that have impact on the City’s priorities.
 Management of City Council-sponsored legislation, including: drafting language, securing authors and co-authors, and shepherding the bill through the legislative process to a successful conclusion.
 Facilitating participation of City representatives in the legislative process, including: Arranging and preparing legislative testimony, participating in informational hearings as expert witnesses, coordinating meetings and written communications with legislators and agency officials.

Amendment to Contract No. 32200039
Townsend Public Affairs, Inc., for CONSENT CALENDAR Legislative and Funding Advocacy Strategy November 3, 2022

 Coordinating, building, and leveraging coalitions with other cities and interest groups with similar legislative needs in order to advance mutual priorities.  Coordinating a minimum of one advocacy trip each year to Sacramento as requested, including client briefing, documentation, decision-maker briefing, meeting staffing, and follow up.

The current not to exceed amount of $45,000 will be depleted before the contract end date of December 31, 2022 due to an increase in Townsend Public Affairs’ monthly fee from $2,500 to $4,500 earlier in the contract year. The contract will require additional funding to provide coverage for the last four months of the contract year, and an additional 12 months of service.

BACKGROUND
On November 1, 2009, the City entered into agreement with Townsend Public Affairs, Inc., to have legislative representation in Washington, D.C. to further strengthen the community’s access to federal agencies and legislators, as well as to obtain information about local government funding opportunities. The City is interested in having its representative continue to track funding requests and support the City’s efforts to secure additional funding for a variety of programs and services.

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
Townsend Public Affairs, Inc. has provided excellent legislative and policy advocacy at the Federal level for the City of Berkeley.

ALTERNATIVE ACTIONS CONSIDERED
There are no proposed alternatives to consider.

CONTACT PERSON
Paul Buddenhagen, Deputy City Manager, (510) 981-7000
Melanie E. Beasley, Administrative Assistant to the Deputy City Managers, (510) 981- 7005
Attachments:
1: Resolution

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

CONTRACT NO. 32200039 AMENDMENT: TOWNSEND PUBLIC AFFAIRS, INC. FOR

LEGISLATIVE AND FUNDING ADVOCACY STRATEGY
WHEREAS, on November 1, 2009, the City entered into Agreement with Townsend Public Affairs, Inc. to have legislative representation in Washington, D.C. to further strengthen the community’s access to federal agencies and legislators, and to obtain information about local government funding opportunities; and WHEREAS, the City and Townsend Public Affairs, Inc. have historically established new contracts at or near the end of each term, with each new term ranging between 12 and 18 months, and to date, new contracts have been executed on nine occasions, as follows:

November 1, 2009, July 1, 2011, July 1, 2012, July 1, 2015, July 1, 2017, March 30, 2018, August 16, 2019, September 2, 2020, and August 5, 2021; and WHEREAS, on October 4, 2022, the City Manager issued an extension to the term of the contract from December 31, 2022 to December 31, 2023; and WHEREAS, the extension effectively requires an increase in the not-to-exceed amount, from $45,000 to $117,000, which reflects the increase in monthly fees from $2,500 per month to $4,500 per month for the remining contract year, and an additional 12 months at a cost of $4,500 per month; and
WHEREAS, the City’s General Services Division has mandated that an Amendment to the most recent contract be produced and submitted to Council for approval and Resolution; and
WHEREAS, Townsend Public Affairs, Inc. has provided excellent legislative and policy advocacy at the Federal level for the City of Berkeley.

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. 32200039 with Townsend Public Affairs, Inc., for ongoing tailored legislative and funding advocacy strategy, increasing the contract amount by $72,000, for an amount not-to-exceed $117,000, and extending the contract from December 31, 2022 to December 31, 2023.

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

CONSENT CALENDAR
November 3, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Contract No. 32100186 Amendment: Mildred Howard Public Art Commission for Adeline Street and Martin Luther King Jr. Way

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100186 with artist Mildred Howard in order to increase the size of the public art commission “Untitled” to 11’ tall as directed by the Civic Arts Commission. The art work is slated to be installed in the triangular green space on the northern side of the intersection of Adeline Street and Martin Luther King Jr. Way. The artwork budget is to increase by $144,000 for a total contract amount not to exceed $354,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the contract amendment ($144,000) will come from the FY23 Budget for Fund 148 (Cultural Trust Fund) as approved by the Civic Arts Commission.

CURRENT SITUATION AND ITS EFFECTS
The original scope of work for Mildred Howard’s contract called for the creation of a 10’ tall bronze sculpture for installation at the triangular green space on the northern side of the intersection of Adeline Street and Martin Luther King Jr. Way. Since the contract was executed in April 2021 the cost of bronze increased by approximately 25% impacting the artist’s ability to produce the sculpture at the proposed size, thereby reducing it from 10’ to 8’ tall. As part of the recently completed design process, the location, size, and materials were presented to the Civic Arts Commission for approval.

The Commission’s feedback was to increase the size of the sculpture from 8’ to 11’ to have more of a visual impact and offer more public engagement with the work once installed. Subsequently, the Civic Arts Commission approved the allocation of $144,000 in additional funds to pay for the increased material costs, and additional materials, design renderings and engineering needed to create the larger sculpture size. This contract amendment will allow for the proposed increase in the project’s scale with funds coming from the FY23 budget for Fund 148 (Cultural Trust Fund) as approved by the Civic Arts Commission at their regular meeting on September 28, 2022.

Contract No. 32100186 Amendment Mildred Howard CONSENT CALENDAR Public Art Commission November 3, 2022

BACKGROUND
In 2019 the artist Mildred Howard originally proposed this sculpture as part of the procurement process for the Measure T1 Public Art Project opportunity at San Pablo Park. For that project, a Request for Qualifications was released on September 11, 2018 and was open through October 23, 2018. A selection panel comprised of arts professionals reviewed the qualifications of the 42 applicants and recommended 21 applications to be presented to the San Pablo Park Public Art Project selection panel, which was comprised of arts professionals, a representative from the Civic Arts Commission, a Public Works Measure T1 project team member, and community representatives. This panel reviewed the qualifications of the 21 artists on the short list and selected four finalists, including Mildred Howard, who were invited to develop site specific public art project proposals. The San Pablo Park Public Art Project selection panel reconvened to evaluate the four proposals and they selected another artist for the San Pablo Park public art project. However, the panel made a recommendation to the Civic Arts Commission that the proposal by Mildred Howard be commissioned for another site in Berkeley. In October 2019, the Civic Arts Commission received this recommendation favorably, allocated funds for the sculpture’s commission, and approved the proposal for the new site at the triangular green space on the northern side of the intersection of Adeline Street and Martin Luther King Jr. Way. Subsequently, Council authorized this contract at their regular meeting on February 23, 2021.

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
This contract amendment would allow the artist to implement a larger, more impactful project that will allow the public to more thoroughly engage with the artwork once installed.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Zoe Taleporos, Civic Arts, Office of Economic Development, (510) 981-7538 Attachments:
1: Resolution

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

CONTRACT NO. 32100186 AMENDMENT: MILDRED HOWARD PUBLIC ART

COMMISSION
WHEREAS, in 2018 the City issued a Request for Qualifications for public artwork associated with Phase One of the Measure T1 Bond Program, whose selection panel made a recommendation to the Civic Arts Commission, who approved that Mildred Howard’s artwork proposal be implemented at the triangular green space on the northern side of the intersection of Adeline Street and Martin Luther King Jr. Way; and WHEREAS, on February 23, 2021, the City Manager authorized Contract No. 32100186 in an amount not to exceed $210,000 with Mildred Howard for a public art commission at the triangular green space on the northern side of the intersection of Adeline Street and Martin Luther King Jr. Way; and
WHEREAS, the Civic Arts Commission recommended that the sculpture be increased in height from 8’ to 11’ which will allow for greater visual impact and more thorough public engagement with the artwork once installed, for an additional cost of $144,000; and WHEREAS, funding for the contract amendment will come from the FY23 budget for Fund 148 as approved by the Civic Arts Commission.

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. 32100186 with Mildred Howard to increase the height of her public art commission for the triangular green space on the northern side of the intersection of Adeline Street and Martin Luther King Jr.

Way from 8’ to 11’ tall as approved by the Civic Arts Commission, increasing the artwork budget by $144,000 for a total contract amount not to exceed $354,000.

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

CONSENT CALENDAR
November 3, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Eleanor Hollander, Economic Development Manager Subject: Renewal of the Solano Avenue BID for Calendar Year 2023

RECOMMENDATION
Adopt a Resolution approving the Solano Avenue Business Improvement District Advisory Board’s (hereafter “Solano BID Advisory Board” or “the Advisory Board”) recommendation that Council: 1) approve the 2022 Annual Report and preliminary budget on proposed improvements in the District for calendar year 2023; 2) declare its intent to levy an assessment to finance improvements in the District for calendar year 2023; and 3) direct the City Clerk to schedule a public hearing on the renewal of the assessment for November 29, 2022.

FISCAL IMPACTS OF RECOMMENDATION
Projected BID revenue of approximately $25,000 will be deposited into the Solano Avenue BID Fund, revenue budget code 783-21-208-251-0000-000-000-412110- and expensed from budget code 783-21-208-251-0000-000-446-636110. The BID constitutes an independent funding source that must be targeted to commercial revitalization efforts that are recommended by the Solano BID Advisory Board. To the extent that the work of the Solano BID enhances the economic development of Solano Avenue and its business climate over the long term, the BID contributes towards improving City revenues through increased sales and property taxes.

CURRENT SITUATION AND ITS EFFECTS
Renewal of the Solano BID is a Strategic Plan Priority Project, advancing our goal to foster a dynamic, sustainable, and locally-based economy. Under the State of California Parking and Business Improvement Area law of 1989 (California Streets and Highways Code section 36500 et.seq.) the City Council must approve an Annual Report prepared by the Solano BID Advisory Board with a proposed budget for the next year as a requirement to levy new assessments. Accordingly, at its meeting of September 20, 2022, the Solano BID Advisory Board voted to recommend that the City Council approve the Report for the Solano Avenue Business Improvement District for 2022-23 and adopt a Resolution of Intention to renew the assessment for that year. The Resolution of Intention also sets a public hearing date for November 29, 2022 where affected Solano businesses can express support or opposition to renewal of the BID for calendar year 2023. If written and/or oral protests are received from businesses

Renewal of the Solano Avenue BID for Calendar Year 2023 CONSENT CALENDAR November 3, 2022
proposed to pay a majority of the assessment, Council cannot vote to levy assessments for 2023. If no majority protest is received the Council may renew the assessment.

BACKGROUND
Since its revival in May 2012, the Solano BID Advisory Board has used Solano BID revenues to finance three programs: 1) a tree watering contract to ensure the health of 48 young street trees on Solano; 2) installing a program of 40 hanging planter baskets on light poles; and 3) sponsorship of events that attract customers to the district and improvements that enhance the pedestrian experience. In 2022, the BID program has focused on sponsoring activities and improvements intended to market and promote the Solano Avenue business district. In the wintertime, the BID in conjunction with the Solano Avenue Association (which represents both Albany and Berkeley businesses along Solano Avenue) pays a contractor to erect holiday lights and decorations on City street light poles. This will continue for the 2022-23 season. Although the BID will spend a good portion of its funds on the holiday décor program, in the remainder of 2022 it also plans to establish a banner program, and an expanded landscaping program for merchants to clean and level tree wells and water existing hanging flower baskets. BID expenditures are to be made through an established fiscal agency contract with Telegraph Property and Business Management Corporation (Telegraph PBMC).

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
By maintaining and enhancing the district, the Solano BID creates shopping opportunities for residents and visitors alike while encouraging alternative forms of transportation. The environmental enhancements such as the added street trees, hanging planters, parklet, and holiday decorations contribute to making Solano a more pleasant walking destination. Because the District is well served by public transportation and biking infrastructure, these services indirectly support environmental sustainability goals of encouraging alternative transportation modes to decrease carbon emissions.

RATIONALE FOR RECOMMENDATION
State law requires that the City Council annually renew the Solano BID by first passing a resolution stating Council's intention to levy an annual assessment and scheduling a public hearing on the proposed renewed assessment for the coming year.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Eleanor Hollander, Secretary to the Solano BID Advisory Board, (510) 981-7536.

Attachments:
1: Resolution
Exhibit A: Report for the Solano Avenue Business Improvement District 2022-23 Exhibit A1: Map of the Solano BID
Exhibit A2: Assessment Rate

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

APPROVING THE ANNUAL REPORT AND PROPOSED BUDGET OF THE SOLANO AVENUE BUSINESS IMPROVEMENT DISTRICT FOR 2022-23; DECLARING COUNCIL'S INTENTION TO LEVY AN ASSESSMENT IN THE DISTRICT FOR 2023; AND

DIRECTING THE CITY CLERK TO SCHEDULE A PUBLIC HEARING FOR NOVEMBER 29, 2022 TO CONSIDER LEVYING A RENEWED ASSESSMENT FOR 2023.

WHEREAS, the Parking and Business Improvement Area Law of 1989 (California Streets and Highway Code section 36500 et seq.) authorizes cities to establish parking and business improvement areas for the purpose of imposing assessments on businesses for certain purposes; and
WHEREAS, on December 9, 2003 the Berkeley City Council established such an area known as the Solano Avenue Business Improvement District (the "District"); and WHEREAS, the City Council established a Solano Avenue Business Improvement District Advisory Board (Advisory Board) to act in compliance with State law to oversee the activities of the District; and
WHEREAS, the City Council established a Solano Avenue Business Improvement District Advisory Board (Advisory Board) to act in compliance with State law to oversee the activities of the District; and
WHEREAS, the Advisory Board has submitted an Annual Report to the Berkeley City Council that outlines the activities of the District proposed for 2023 as required by the California Streets and Highways Code Section 36533; and WHEREAS, the Annual Report is clear and complete and found to comply with the interests of Solano Avenue assessees; and
WHEREAS, the annual process for levying assessments in Business Improvement Districts requires that cities adopt a Resolution of Intent that declares their intent to levy such an assessment and then set a date for a public hearing where interested parties may be heard on the issue.

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

Section 1. The City Council hereby approves the Solano Avenue Business Improvement District Annual Report 2022 and Budget for the year 2023 (Exhibit A) as submitted to the City Clerk by the Solano Avenue Business Improvement District Advisory Board.

Section 2. Pursuant to the provisions of Section 36500 et seq. of the California Streets and Highways Code (the "Act"), the City Council declares its intent to levy an annual

assessment for the parking and business improvement area known as the Solano Avenue Business Improvement District.

Section 3. The boundaries of the District are set forth in Exhibit A1 to the 2022-23 Annual Report which is attached hereto and incorporated herein by reference.

Section 4. The improvements and activities proposed for the District are as described in the Report and budget (Exhibit A) and appended hereto.

Council intends that these funds be used for designated activities and improvements in the Solano Avenue commercial area. Council explicitly intends that funds generated through this BID shall not be used to pay for activities routinely paid for by the City.

Section 5. The City Council intends to levy assessments on businesses located within the boundaries of the District shown Exhibit A1 and according to the business classifications and rates set forth in Exhibit A2 which is attached hereto and incorporated herein by reference.

Section 6. A public hearing shall be held before the City Council on November 29, 2022 via accessible video teleconference. Following the hearing the Council will consider adoption of a resolution levying an assessment as recommended by the Solano Avenue Business Improvement Advisory Board. At this hearing the Council will hear all interested persons for or against the levying of such an assessment.

Formal protests against the levying of the District assessment must be made in writing.

All written and oral protests should contain the following certification: "I certify that I am the owner of the business listed below, and that the business is located or operates within the boundaries of the Solano Avenue Business Improvement District." Protests should also contain the following information: business name (printed), business address (printed), City Business License Tax Registration number, name of protester (printed), signature of protester, date of protest and the reason(s) the protester is against the levying of the District assessment. Protests will not be considered valid unless signed and submitted by the owner of a business located within the boundaries of the proposed District. Written protests shall be filed with the City Clerk, First Floor, City Hall, at 2180 Milvia Street, Berkeley, California, 94704, at or before 3 pm on November 29, 2022 and shall contain a description of the business sufficient to identify the business, and if the person so protesting is not listed on City records as the owner of the business, the protest shall be accompanied by written evidence that the person subscripting the protest is the owner of the business. Any protest pertaining to the regularity or sufficiency of the proceedings shall be in writing and shall clearly set forth the irregularity or defect to which the objection is made. If written protests are received from the owners of businesses in the District which will pay fifty percent (50%) or more of the assessment proposed to be levied, no further proceedings to levy the assessment shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. If the majority protest is only against the furnishing of a specified type or types of improvements or activities within the District, those types of improvements or activities shall be eliminated.

Section 7. The City Clerk is directed to give notice of said public hearing by publishing the Resolution of Intention in a newspaper of general circulation seven days prior to the public hearing.

Exhibits
A: Report for the Solano Avenue Business Improvement District 2022-23 A1: Map of the Solano BID
A2: Assessment Rates

Exhibit A:

Report for the Solano Avenue Business Improvement District for 2022 and Budget for 2023 Background
The first version of the Solano Business Improvement District (BID) operated from 2002-2007 with administration of the BID headed by the Solano Avenue Association. In 2012, the Council appointed the Solano BID Advisory Board to administer the Solano Avenue BID, to fund physical improvements to the street and dedicate marketing and promotion efforts towards the businesses on the portion of Solano Avenue that lies in Berkeley. This Annual report and budget updates the most recent year of operational programs of the Solano BID.

Landscape program
In 2013, the Solano BID financed a tree watering program for young street trees along upper Solano Avenue. In 2016, per the City of Berkeley arborist, the trees were mature enough to not require additional water services. In early 2016, the board voted to enhance Solano’s landscape by installing a program of 41 hanging planter baskets on light poles distributed throughout the district; utilizing the Downtown Berkeley Association’s (DBA) services. The DBA watered and maintained the baskets though the end of calendar year 2018. From 2019 to 2021, rainwater alone supported the baskets, and in 2022 the Solano BID entered into a contract with The Peralta Services Corporation to supplement other efforts to clean, weed, and level the tree wells through the district, and to develop an ongoing watering and maintenance system for the hanging flower baskets. Peralta’s services began in July of 2022, and a schedule and cadence for this program will be implemented through the end of 2022. Expanded landscaping improvements (including porous pavement in tree wells and watering and maintenance of the hanging flower baskets) have yet to be determined by the board. It is presumed that provided a successful demonstration of landscaping maintenance this fall/winter season (2022-23), a multi-year contract could be extended accordingly in 2023.

In 2020, funds were approved and a selection process was conducted for a public realm plan study on Solano. The BID was supportive of the process and was deeply committed to involving both local merchants and local residents in the effort to re-imagine Solano Avenue in a way that brings more vitality to the Avenue in concert with the efforts of the City of Albany with the intention of strengthening the Solano Avenue ‘brand’ overall. The funding for this project was repurposed for the emergency response to the COVID-19 pandemic. The project was restored in the city’s FY22 budget (adopted June 29, 2021) and has begun again with renewed effort in 2022. It is the intention to issue an RFP for the project in late 2022, or early 2023.

Marketing and promotion of Solano
Marketing and promotion of Solano Avenue constitutes the second priority of the Solano BID.

In 2022, the BID took on an ambitious coordinated district marketing program, allocating $17,000 to the development of a banner campaign, and a $15,000 to a marketing mailer with

both with the theme “North Berkeley In Bloom.” The Solano Stroll (produced by the SAA) is returned in person on September 11, 2022, which hopefully will be followed in short order by the unveiling of refreshed street banners (anticipated date, late fall 2022).

To promote the avenue during the holiday season, a holiday light display program was established by the Solano BID. In 2016 and 2017 the BID contracted with a vendor, the Christmas Light Pros of SF, to deploy decorative unlit multi-colored garlands. In 2018 and 2019, the board approved funding for a new vendor which, under direction of the Solano Avenue Association (SAA), covered more poles and provided greater decoration coordination opportunities with neighboring Albany, all at a lower cost than previous seasons. The intention for the holiday season in ’22 -‘23 is to use the same vendor from the ‘21-‘22 season and reimburse the SAA after the lights are installed. This partnership underscores the leverage that the SAA organization has been able to provide to support BID efforts for the Berkeley portion of Solano Avenue.

In the remainder of 2022, the Advisory Board may again decide to participate in the development of virtual or otherwise safe holiday campaigns and activities (i.e. supporting the Solano Avenue Association in producing events ‘Santa on Solano’ event or similar). The details of the overall 2022 (and the future 2023) event and marketing program will be developed over the remainder of the year, with a possible coordinated launch party for the new Touchstone Oaks bouldering gym at the top of the Avenue once construction is complete.

Solano BID Administration
The Solano BID has one existing contract; a fiscal agent contract with the Telegraph Property and Business Management Corporation (Telegraph PBMC), who charges a 5% fee on new BID revenue annually (for example, the anticipated new Solano BID revenue for 2023 is $25,000, so the fiscal agent for 2023 will be $1,250).

FINANCIAL STATUS OF THE SOLANO BID, SEPTEMBER 2022
Solano BID Revenue, as of 9/15/2022 $ 96,774.26
Less fiscal agent fee to Telegraph PBMC (5%) - of estimated new revenue $ (1,250.00) Less funds allocated for Solano Ave Assn Events Contract (including 2022-23 holiday-related events) $ (20,000.00)
Less funds allocated for decorative holiday lights + Installation + Removal + Storage Nov ‘22 to Jan ‘23
Less Funds for Banners (install, new brackets etc.)
$ (7,500.00)
$ (20,000.00)
Unallocated as of 9/15/2022 $ 48,024.26
BUDGET FOR THE SOLANO BID FOR 2023 (Calendar Year)
Estimated new revenue 2023 $ 25,000.00
Carryover from 2022 (estimated) $ 48,024.26
Total available for expenditure in 2023 $ 73,024.26

PROPOSED EXPENDITURES FOR 2023 (Calendar Year)
Landscaping installation/tree well porous pavement $ 15,000.00 Watering and Maintenance for hanging flower baskets $ 12,000.00 Installation, removal and storage of holiday decor 2023-24 season $ 11,000.00 Banners 2023 (future design and adtl’ install) $ 17,000.00 Marketing expenditure (branding/business/event support contract with SAA) $ 15,000.00 Total projected expenditure 2023 $ 70,000.00
Recommendations
The Advisory Board recommends that the Council approve the Annual Report and Budget for 2023.

The Advisory Board recommends that the Council make no changes in the boundaries of the Solano Business Improvement District or in the two Benefit Zones, A & B.

The recommended improvements and activities for 2023 are those stated in the Report. The cost for providing them is stated in the Budget for 2023.

The method and basis for the assessment is as stated in Exhibit A2.

The estimate for surplus revenues to be carried over from 2022 is as stated in the Budget for 2023.

Exhibit A1
SOLANO
Business
Improvement
District

November 3, 2022
Exhibit A2
Berkeley Solano Avenue Business Improvement District Annual Assessment Formula Annual
Assessments
Type of Business Zone A Zone B
a. Retailers and
Restaurants
1-5 employees $200 $125
6-9 employees $300 $175
10+ employees $400 $225
b. Service
Businesses
$175 $100
c. Professional
Services
$100 $65
d. Financial
Institutions
$500 $500
SOLANO
Business
Improvement
District

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
November 3, 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 November 3, 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.

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $75,000.

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

PROJECT Fund Source Amount
Web-Based Population
Health Data Platform
302
336
Operating Grants –
State
One-Time Grant
$75,000
Total: $75,000

Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council November 3, 2022 Approval on November 3, 2022

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

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

RATIONALE FOR RECOMMENDATION
Need for the services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Darryl Sweet, General Services Manager, Finance, 510-981-7329 Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on October 11, 2022
a. Web-Based Population Health Data Platform
Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

NEXT 30 DAYS
DATE SUBMITTED: November 3, 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
23-11554-C Web-Based
Population
Health Data
Platform
11/4/2022 12/2/2022 HHCS is looking for a web-
based, subscription
solution to support
residents and stakeholders
of the City of Berkeley in
viewing health data from
local, regio,nal and national
sources in an easy-to-
understand format.
$75,000 FY23 & FY25:

HHOFPH2301-

NONPERSONN-

OPERATING-

SOFTWARE
302-51-501-501-0000-
000-451-613130-
$50.5K
FY24:

HHOEDF2102-

NONPERSONNEL-
COMP_EQUIP-

SOFTWARE
336-51-501-503-2075-
000-451-613130- $24.5K
HHCS/ OD-PHOU Gabriella Schulz,
981-5273
Dept TOTAL $75,000
TOTAL $75,000.00

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
November 3, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Interim Fire Chief, Fire Department Subject: Contract: Restoration Family Counseling Center for Counseling, Education and Support

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to enter into a contract with Restoration Family Counseling Center Inc. (RFCC) for counseling, education and support, for a total amount not to exceed $80,000 from December 1, 2022 through November 30, 2024.

FISCAL IMPACTS OF RECOMMENDATION
The term of this contract is from December 1, 2022 through November 30, 2024 in an amount not to exceed $80,000. This contract may be extended an additional two years and shall not exceed $160,000 total. Funding is budgeted in 147-72-742-835-0000-000- 422-612410. UC Settlement Fund). This expenditure supports firefighter and emergency medical response by providing training and support for employees that participate in the Peer Counseling Unit (PCU). The PCU provides critical support to emergency responders who suffer mental health impacts directly related to the emergency work.

CURRENT SITUATION AND ITS EFFECTS
Providing early intervention following traumatic incidents, and having an established peer-based counseling service are two key ways to prevent the progression of mental health problems in the workforce. Following the Berkeley Kittredge balcony collapse in 2015, Fremont Fire responded with their Peer Counseling Team (PCU) and provided debriefing for Berkeley firefighters. This spurred the Development of the Berkeley Firefighters PCU that delivers peer support in the form of Critical Incident Stress Management (CISM) and 1:1 support to employees who seek help. The PCU follows a national curriculum developed by the International Critical Incident Stress Foundation and the International Association of Fire Fighters.

The PCU has been incredibly impactful within the Department, normalizing the practice of organized post traumatic event proactive intervention (lessened the stigma), and in providing direct service to groups and individuals. This has been a critical internal service through the pandemic. The number of informal (1:1) contacts self-initiated by employees is conservatively estimated to be nearly four times what is documented

Contract: Restoration Family Counseling Center for Counseling, Education and Support

CONSENT CALENDAR
November 3, 2022

below. The PCU meets quarterly and the PCU Steering committee meets quarterly to review team performance and set goals for the next quarter.

Year Defusing Debriefing One:One
2020 6 1 48
2021 8 - 52
2022 8 - 64
The PCU needs professional counseling, education, and support to continue its mission and work. Restoration Family Counseling Center Inc. (RFCC) is composed of professional staff who were influential founders and continue to be active participants in the West Coast Post Trauma Retreat (WCPR). WCPR is the gold standard in-patient, residential crisis treatment center for first responders on the West Coast. This group of clinicians within a geographic region that allows them to respond 24/7 within 30 minutes, has unique and relevant experience, and is able to respond to the unpredictable and often off hours nature of the PCUs requests for assistance.

BACKGROUND
The link between workplace experiences encountered during a career in emergency services and mental health problems is now well documented. In 2017 there were 103 documented firefighter suicides in the US and the Firefighter Behavioral Health Alliance (FBHA) estimates that only 40% of firefighter suicides are reported. Suicide is a result of mental illness, including depression and PTSD. PTSD and depression rates among firefighters have been found to be as much as five times higher than the rates within the civilian population, which causes these first responders to commit suicide at a considerably higher rate (firefighters: 18/100,000; general population 13/100,000).

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This contract does not create environmental sustainability or climate change impacts.

RATIONALE FOR RECOMMENDATION
Spending a career in public safety is extremely rewarding, but also has acute and cumulative impacts to employee’s mental health. It is the obligation of the employer to mitigate these impacts through education and post incident support. The PCUs efforts continue progress already achieved in reducing lost time, decreasing the number of workers compensation claims, and improving the mental health and resiliency of City of Berkeley employees.

Contract: Restoration Family Counseling Center for Counseling, Education and Support

CONSENT CALENDAR
November 3, 2022

ALTERNATIVE ACTIONS CONSIDERED
Either to not enter into a contract with RFCC or reduce the funding for the contract, which would render the PCU unfunded and underequipped to provide mental health support to Department employees.

CONTACT PERSON
Julian Christy, PCU Founder, Apparatus Operator, Fire Department, (510) 981-3473 Duncan Allard, PCU Founder, Fire Inspector, Fire Department, (510) 981-3473 David Sprague, Interim Fire Chief, Fire Department, (510) 981-3473 Attachments:
1: Resolution

Contract: Restoration Family Counseling Center for Counseling, Education and Support

CONSENT CALENDAR
November 3, 2022

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

CONTRACT: CONTRACT: RESTORATION FAMILY COUNSELING CENTER FOR

COUNSELING, EDUCATION AND SUPPORT
WHEREAS, the link between workplace experiences encountered during a career in emergency services and mental health problems is now well documented. In 2017 there were 103 documented firefighter suicides in the US and the Firefighter Behavioral Health Alliance (FBHA) estimates that only 40% of firefighter suicides are reported. Suicide is a result of mental illness, including depression and PTSD. PTSD and depression rates among firefighters have been found to be as much as five times higher than the rates within the civilian population, which causes these first responders to commit suicide at a considerably higher rate (firefighters: 18/100,000; general population 13/100,000) and WHEREAS, providing early intervention following traumatic incidents, and having an established peer-based counseling service are two key ways to prevent the progression of mental health problems in the workforce, and
WHEREAS, the Berkeley Firefighters Peer Counseling Unit (PCU) delivers peer support in the form of Critical Incident Stress Management (CISM) and 1:1 support to employees who seek help. The PCU follows a national curriculum developed by the International Critical Incident Stress Foundation and the International Association of Fire Fighters, and WHEREAS, the PCU has been incredibly impactful, normalizing the practice of organized post traumatic event with proactive intervention, and
WHEREAS, the PCU needs professional counseling, education, and support to continue its mission and work, and
WHEREAS, Restoration Family Counseling Center Inc. (RFCC) includes professionals who were influential founders and continue to be active participants in the West Coast Post Trauma Retreat (WCPR). WCPR is the gold standard in-patient/residential crisis treatment center for first responders on the West Coast. This group of clinicians is hyper- local and able to respond to the unpredictable and often off hours nature of the PCUs requests for assistance.

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 Restoration Family Counseling Center for Counseling, Education and Support, for a total amount not to exceed $80,000 for a contract period of December 1, 2022 through November 30, 2024. Funding is budgeted in 147-72-742-835-0000-000-422-612410.

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
November 3, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Interim Fire Chief
Subject: Contract No. 32200227 Amendment: Fire Aside for Mobile Vegetation Management Inspection Software

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200227 Mobile Vegetation Management Inspection Software for the Fire Department (Department); increasing the contract amount by $100,000 for an amended total contract amount not to exceed $260,000.

FISCAL IMPACTS OF RECOMMENDATION
The original term of this contract is from May 18, 2022 to December 31, 2024 in the amount of $70,000 for the base term with a total contract amount not to exceed $160,000. This amendment will increase the annual fee from $25,000 to $45,000 and increase the base term not to exceed $125,000 and increase the total contract value not to exceed $260,000. The total contract value of will be funded from 164-72-742-834- 0000-000-422-612990. Funding is available and no other projects will be delayed due to this expenditure.

CURRENT SITUATION AND ITS EFFECTS
The Department is working diligently to expand and meet the community need and expectation for comprehensive vegetation management inspections in all of the Very High Fire Severity Zone 2 and 3 properties. This new mandate equates to an 83% (+7,184) increase in inspections from previous years. The Department is adding a module to this platform that will allow residents to schedule vegetation chipping appointments.

BACKGROUND
Fire Aside now offers an additional module called ChipperDay. This module will allow residents to quickly reserve slots, and will provide the Department planning tools which will allow optimized pickup routes and other management tools that will help track activity, measure performance and more easily produce reports for grants and community updates. We know from data coming out of other jurisdictions who coordinate chipping services with vegetation management inspections that access to chipping services can help drive up vegetation removal both in terms of participation rate and cubic yards of vegetation removed. Additionally, Fire Aside shall send

Contract No. 32200227 Amendment: Fire Aside for Mobile Vegetation Management Inspection Software

CONSENT CALENDAR
November 3, 2022

automated Inspection Notices via U.S. Mail to Berkeley property owners who fail to access their on-line Defensible Space Inspection report 14 days after inspection.

Immediately upon inspection, Fire Aside shall send automated Inspection Notices via U.S. Mail to Vacant Parcel owners in Fire Zones 2 & 3

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This service will allow the Department to optimize pickup routes which is anticipated to reduce miles traveled by chipping trucks and reduce emissions.

RATIONALE FOR RECOMMENDATION
The City conducted an industry survey of available products and concluded that Fire Aside offers a unique solution that aligns with the emergent need of the City to create more defensible space and hardened homes in the City’s wildland urban interface areas.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Dan Green, Assistant Fire Chief, (510) 981-3473
David Sprague, Interim Fire Chief, (510) 981-3473

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

CONTRACT NO. 32200227 AMENDMENT: FIRE ASIDE FOR MOBILE VEGETATION

MANAGEMENT INSPECTION SOFTWARE
WHEREAS, on April 26, 2022, Council adopted Resolution No. 70,312–N.S., authorizing the City Manager to execute a contract and any amendments with Fire Aside to provide a mobile vegetation inspection software solution for the Fire Department from May 18, 2022 to May 17, 2024 in an amount not to exceed $60,000 with an option to extend for an additional four years, for a total contract amount not to exceed $160,000, and WHEREAS, Fire Aside now offers an additional module called ChipperDay which will allow residents to quickly reserve slots for vegetation chipping services using city contractors, and will provide the Department planning tools which will allow optimized pickup routes and other management tools that will help track activity, measure performance and more easily produce reports for grants and community updates, and WHEREAS, we know from data coming out of other jurisdictions who coordinate chipping services with vegetation management inspections that access to chipping services can help drive up vegetation removal both in terms of participation rate and cubic yards of vegetation removed.

WHEREAS, Fire Aside shall send automated Inspection Notices via U.S. Mail to Berkeley property owners who fail to access their on-line Defensible Space Inspection report 14 days after inspection. Immediately upon inspection, Fire Aside shall send automated Inspection Notices via U.S. Mail to Vacant Parcel owners in Fire Zones 2 & 3.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200227 Mobile Vegetation Management Inspection Software for the Fire Department (Department); increasing the contract amount by $100,000 for an amended total contract amount not to exceed $260,000 with funds from 164-72-742-834-0000-000-422-612990.

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
November 3, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Interim Fire Chief
Subject: Contract No. 32200083 Amendment: Ganey Scientific for Project Management & Consulting

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200083 with Ganey Scientific for project management and consulting services for the Fire Department (Department); increasing the contract amount by $500,000 for an amended total contract amount not to exceed $1.4 million.

FISCAL IMPACTS OF RECOMMENDATION
The original term of this contract was September 13, 2021 to August 31, 2022 in the amount of $300,000. On May 31, 2022 the contract was extended to August 31, 2024.

The total contract value of $1.4 million will be funded from 164-72-742-834-0000-000- 422-612990. Funding is available and no other projects will be delayed due to this expenditure.

CURRENT SITUATION AND ITS EFFECTS
The team from Ganey Science has been an invaluable resource to the Department.

Their presence was made even more timely and critical due to the continuing recruitment challenges facing the Department, which have inhibited appropriate administrative staffing levels in a time where demands on the Department have rapidly escalated.

The scope of this contract is not changing, staff underestimated the volume of work when the scope of services was created in 2021. This underestimation was in part due to the novel nature of this type of support for the Department, the continuing recruitment challenges facing the organization, and the unanticipated complexity of the work facing the Department regarding wildfire hazard mitigation, short- and long-term planning, and recruitment. These additional funds will allow the Department to obtain additional support through this non-traditional, yet successful model during a time when thinking outside the box is a necessity.

This contract supports the following Strategic Plan Goals: Create affordable housing and housing support services for our most vulnerable community members; Be a global leader in addressing climate change, advancing environmental justice, and protecting the environment; Provide an efficient and financially-healthy City government; Create a

Contract No. 32200083 Amendment: Ganey Scientific for Project Management & Consulting

CONSENT CALENDAR
October 11, 2022

resilient, safe, connected, and prepared City; Be a customer-focused organization that provides excellent, timely, easily-accessible service and information to the community; and Attract and retain a talented and diverse City government workforce.

BACKGROUND
On December 14, 2021, Council adopted Resolution No. 70,151–N.S., authorizing the City Manager to execute a contract and any amendments with Ganey Science for Project Management & Consulting. The total contract amount was for $900,000 over three years.

The Department is in the midst of a number of large projects which will result in substantial changes to every division within the organization and fundamentally improve the way the department provides prevention, education, training and emergency response to the community. All of these projects are priority and need to be accomplished concurrently.

Secondary to the COVID hiring freeze, the Department has been unable to create special 40hr assignments or make sufficient promotions to perform the work required to plan, implement and sustain this work. Following direction from the City Council on June 29th, 2021 to “get creative”, Department leadership has been working on inspired solutions to meet the goals and objectives of the Mayor, Council and the community.

The Ganey team came on board in early 2022 and has reacted quickly and delivered professional service through the contract period. A project management team was quickly onboarded and helped the Department secure cloud-based project management software. The Department is working to move many complex, recurring processes into this software which has created consistency, reduced errors, reduced staff time, has helped retain institutional knowledge, and has allowed staff to refine and improve these processes.

Ganey has been instrumental in developing a comprehensive recruitment plan for entry level positions in a time when competition for quality candidates is presenting an unprecedented challenge; they have assisted with developing entry level curriculum for the paramedic and EMT academies; they are working with the Wildland Urban Interface (WUI) Division to develop public facing materials and researching additional funding for vegetation management and home hardening; they are supporting the development of a continuous quality improvement program for the fire/ems communications center; and they continue to provide specialized technical support in a wide variety of fields, including videography, marketing, information technology, grants management, and environmental planning.

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

Contract No. 32200083 Amendment: Ganey Scientific for Project Management & Consulting

CONSENT CALENDAR
October 11, 2022

RATIONALE FOR RECOMMENDATION
The City conducted a competitive bid process and received no responses. The Department has a critical business and operational need for this type of expertise and support. The Contractor has demonstrated professionalism and a high value to the Department over the first year of the contract period.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
David Sprague, Interim Fire Chief, (510) 981-3473

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

CONTRACT NO. 32200083 AMENDMENT: GANEY SCIENTIFIC FOR PROJECT

MANAGEMENT & CONSULTING
WHEREAS, the City released Specification No. 21-11457-C for Fire Department Project Management & Consulting on May 20, 2021 with proposals due on June 22, 2021, and WHEREAS, although there were six vendors that attended the question and answer meeting, the City did not receive any responses, and
WHEREAS, because of the scope and timelines associated with the Department’s re- design work, and due to a lack of proposals from the RFP process, the Department requested General Services and City Manager approval for a waiver of competition, which was approved on September 3, 2021, and
WHEREAS, on December 14, 2021, Council adopted Resolution No. 70,151–N.S., authorizing the City Manager to execute a contract and any amendments with Ganey Science for Project Management & Consulting. The total contract amount was for $900,000 over three years, and
WHEREAS, the Ganey team came on board in early 2022 and has reacted quickly and delivered professional service through the contract period, and WHEREAS, staff underestimated the volume of work when the scope of services was created in 2021, and
WHEREAS, this underestimation was in part due to the novel nature of this type of support for the Department, the continuing recruitment challenges facing the organization, and the unanticipated complexity of the work facing the Department regarding wildfire hazard mitigation, short- and long-term planning, and recruitment.

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. 32200083 with Ganey Scientific for project management and consulting services for the Fire Department (Department); increasing the contract amount by $500,000 for an amended total contract amount not to exceed 1.4 million, through August 31, 2024,with funds from 164-72-742- 834-0000-000-422-612990.

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
November 3, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Interim Fire Chief
Subject: Purchase Order: Bauer Compressors Inc. for Self-Contained Breathing Apparatus and Related Accessories

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to issue purchase orders with Bauer Compressors Inc. using the Houston Galveston Area (H-GAC) contract No. EE08-19 for an amount not to exceed $1.7 million through July 31, 2023 for the purchase of self- contained breathing apparatus (SCBA) and related accessories.

FISCAL IMPACTS OF RECOMMENDATION
The purchase price of Self-Contained Breathing Apparatus (SCBA) and related accessories will not exceed $1.7 million. This total includes state and local sales taxes.

Funding in the amount of $1,158,441 will be appropriated in the FY 2023 First Amendment to the Annual Appropriations Ordinance in the UC Settlement Fund. The remaining amount is already budgeted in FY 2023 in this same fund.

CURRENT SITUATION AND ITS EFFECTS
This purchase is necessary to replace the currently obsolete and substandard SCBA.

The new SCBA’s will enable the Department to improve firefighter safety, accountability, mutual aid compatibility, reduce expenditures for ongoing repairs, and meet applicable National Fire Protection Association standards.

BACKGROUND
On July 25, 2017 the City Council approved Resolution No. 68,098-N.S. for a purchase order with Scott Self Contained Breathing Apparatus (SCBA). Since that time the National Fire Protection Association (NFPA) Standard No. 1982 “Standard on Selection, Care, and Maintenance of Open-Circuit Self-Contained Breathing Apparatus” was modified. These modifications drove substantial physical improvements to SCBA design to improve firefighter safety. These changes were significant enough that there is no backwards compatibility with the new SCBA thus rendering the City’s current fleet of SCBA obsolete. As SCBA reach their end-of-life and are in need of replacement and as the Department expands and needs to purchase additional SCBA for new personnel,

Purchase Order: Bauer Compressors Inc. for CONSENT CALENDAR Self-Contained Breathing Apparatus and Related Accessories November 3, 2022

those units are unable to operate interchangeably with the rest of the SCBA fleet, which represents and unsurmountable safety issue for employees who routinely operate in atmospheres that are Immediately Dangerous to Life and Health (IDLH). IDLH is defined as an atmosphere that poses an immediate threat to life, would cause irreversible adverse health effects, or would impair an individual's ability to escape from a dangerous atmosphere as defined by the Occupational Safety and Health Administration Standard No. 1910.134 - “Respiratory protection”.

Fire departments in Alameda County have already made the transition to this new style of SCBA for similar reasons. Berkeley and Albany are the last two Departments in the County still using the outdated style of SCBA.

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

RATIONALE FOR RECOMMENDATION
National Fire Protection Association (NFPA) Standard No. 1982 “Standard on Selection, Care, and Maintenance of Open-Circuit Self-Contained Breathing Apparatus” was modified. These modifications drove substantial physical improvements to SCBA design to improve firefighter safety. Some of these enhancements include a rating that allows personnel to clean the SCBA after fires using a machine that removes carcinogens to reduce the development of cancer in Berkeley firefighters; one-way mask valves to stop cross contamination when rescuing another firefighter; Bluetooth link to radios that will provide far superior communication on the emergency scene; link to a cloud-based system that allows the Incident Commander to monitor individual firefighter location, and air levels when firefighters are working inside of a burning structure. Another firefighter safety feature is the addition of the Rapid Intervention Team (RIT) and Universal Air Connection (UAC) which allows each firefighter on scene the ability to initiate a rescue of a downed firefighter and simplifies the rescue procedures in high stress situations.

These changes were significant enough that there is no backwards compatibility with the new SCBA thus rendering the City’s current fleet of SCBA obsolete. The new SCBA’s are in compliance with the current NFPA requirements and will improve safety for firefighters engaging in fire suppression and rescue operations in IDLH. These SCBA will place our firefighters on the same platform as all other Alameda County fire departments except one. This enhances our ability to respond into other Alameda County cities and operate safely as well as calling other fire agencies into Berkeley under our Mutual Aid Plan and interact safely on emergency operations.

ALTERNATIVE ACTIONS CONSIDERED
Staff researched all potential modifications to the current fleet of SCBA, none of which provided a viable alternative that provided protection and safety to employees routinely working in an IDLH.

Purchase Order: Bauer Compressors Inc. for CONSENT CALENDAR Self-Contained Breathing Apparatus and Related Accessories November 3, 2022

CONTACT PERSON
David Sprague, Interim Fire Chief, 510-981-5501
Attachments:
1: Resolution

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

PURCHASE ORDER: BAUER COMPRESSORS INC. FOR SELF-CONTAINED

BREATHING APPARATUS AND RELATED ACCESSORIES
WHEREAS, on July 25, 2017 the City Council approved Resolution No. 68,098-N.S. for a purchase order with Scott Self Contained Breathing Apparatus (SCBA), and WHEREAS, since that time the National Fire Protection Association (NFPA) Standard No. 1982 “Standard on Selection, Care, and Maintenance of Open-Circuit Self-Contained Breathing Apparatus” was modified, and
WHEREAS, these modifications drove substantial physical improvements to SCBA design to improve firefighter safety. These changes were significant enough that there is no backwards compatibility with the new SCBA thus rendering the City’s current fleet of SCBA obsolete, and
WHEREAS, as SCBA reach their end-of-life and are in need of replacement and as the Department expands and needs to purchase additional SCBA for new personnel, those units are unable to operate interchangeably with the rest of the SCBA fleet, which represents and unsurmountable safety issue for employees who routinely operate in atmospheres that are Immediately Dangerous to Life and Health (IDLH), and WHEREAS, this purchase is necessary to replace the currently obsolete and substandard SCBA, and
WHEREAS, the new SCBA’s will enable the Department to improve firefighter safety, accountability, mutual aid compatibility, reduce expenditures for ongoing repairs, and meet applicable National Fire Protection Association standards.

NOW THEREFORE BE IT RESOLVED that the City Council adopt a Resolution authorizing the City Manager to issue purchase orders with Bauer Compressors Inc. using the General Services Agency’s (GSA) contract No. EE08-19 for an amount not to exceed $1.7 million through July 31, 2023 for the purchase of self-contained breathing apparatus (SCBA) and related accessories.

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
November 3, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing and Community Services Subject: Revenue Contracts: Fiscal Year 2023 Aging Services Programs

RECOMMENDATION
Adopt five Resolutions authorizing the City Manager or her designee to execute any resultant revenue agreements and amendments with Alameda County to provide congregate and home-delivered meals, family caregiver support, senior center activities and information and assistance services to seniors for the following programs for Fiscal Year 2023 (FY 2023):
a. Congregate Meals in the amount of $40,000;
b. Home Delivered Meals in the amount of $84,000;
c. Family Caregiver Support Program in the amount of $41,383; d. Senior Center Activities in the amount of $30,000; and e. Information and Assistance Services in the amount of $100,000.

FISCAL IMPACTS OF RECOMMENDATION
The City of Berkeley will receive five grants totaling $295,383 from Alameda County Area Agency on Aging for FY 2023 for the programs listed below. The contracts require minimum matching funds totaling $29,583 as detailed below, and the Division will utilize General Fund in its approved FY 2023 budget to provide the match. The grant budgets will be adjusted to match the contract amounts and these changes will be included in the Second Amendment to the FY 2023 Annual Appropriations Ordinance.

1. Congregate Meals: Revenue Budget Code 320-51-505-549-2044-000-000- 433110-. The FY2023 contract is for $40,000 and supports staff coordination and management of meals that are both served at senior centers, as well as available for pickup. Expenditure Budget Code 320-51-505-549-2041-000-444-*.

The contract requires a minimum match of $4,000.

2. Home Delivered Meals: Revenue Budget Code 320-51-505-549-2044-000-000- 433110-. The FY2023 contract is for $84,000 and supports staff coordination and management of home delivered meals. Expenditure Budget Code 320-51-505- 549-2044-000-444-*. The contract requires a minimum match of $8,400.

Revenue Contracts: Fiscal Year 2023 Aging Services Programs CONSENT Calendar November 3, 2022

3. Family Caregiver Support Program: Revenue Budget Code 328-51-505-541- 2036-000-000-433110. The FY2023 contract is for $41,383 and supports caregiver outreach, training and respite services for care receivers. Expenditure Budget Code 328-51-505-540-2036-000-444-*. The contract requires a minimum match of $4,183.

4. Senior Center Activities: Revenue Budget Code 328-51-505-544-2069-000- 000-431110. The FY2023 contract is for $30,000 and supports staff coordination and delivery of senior center outreach, activities, classes, and special events.

Expenditure Budget Code 328-51-505-544-2069-000-444-*. The contract requires a minimum match of $3,000.

5. Information and Assistance Services: Revenue Budget Code 327-51-505-541- 2035-000-000-433110. The FY2023 contract is for $100,000 and supports staff management and delivery of information, assistance, referral and follow-up services. Expenditure Budget Code 327-51-505-544-2035-000-444-*. The contract requires a minimum match of $10,000.

CURRENT SITUATION AND ITS EFFECTS
In February 2022, Alameda County issued a request for proposals for caregiver, senior center, information and assistance, and nutrition services. The City of Berkeley applied for this funding and received notification of grant awards for caregiver services, senior center activities and administration of Senior Nutrition Programs on June 5, 2022 for a four-year period.

BACKGROUND
The City of Berkeley receives funding from city, county, and state sources as well as private donations to serve senior residents of Berkeley, and to coordinate the Tri-City Nutrition Program. The Department of Health, Housing & Community Services (HHCS) is committed to providing a broad range of community services; including services to meet the needs of seniors in the community. The Aging Services Division (HHCS/Aging) provides nutritious meals, outreach, activities, social events, classes, and individual support and referral services to seniors and their families in the community.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The home-delivered and congregate meal programs composts meal waste.

RATIONALE FOR RECOMMENDATION
These funds support the City’s senior centers and meals programs, and provide critical support to ensure HHCS/Aging can continue to provide services at the North and South Berkeley Senior Centers, and Senior Nutrition Programs.

Revenue Contracts: Fiscal Year 2023 Aging Services Programs CONSENT Calendar November 3, 2022

ALTERNATIVE ACTIONS CONSIDERED
The HHCS/Aging assesses each funding source to ensure that it supports the City’s mission and goals. The alternative action of not seeking any of these funding sources would result in a significant reduction in services available to seniors in the community.

CONTACT PERSON
Tanya Bustamante, Manager of Aging Services, HHCS, 981-5178 Attachments:

1. Resolution: Congregate Meals

2. Resolution: Home-Delivered Meals

3. Resolution: Family Caregiver Support Program

4. Resolution: Senior Center Activities

5. Resolution: Information and Assistance Services

RESOLUTION NO. -N.S.

REVENUE CONTRACT: ALAMEDA COUNTY FISCAL YEAR 2023 CONGREGATE

MEAL PROGRAM
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services provides a broad range of community services to the community; and WHEREAS, the Aging Services Division provides a broad range of services to Berkeley seniors, and coordinates the delivery of meals to three cities – Berkeley, Albany and Emeryville – as the lead partner in the Tri-City Nutrition Program; and WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital senior services; and
WHEREAS, Alameda County provides funding to support the Congregate Meal programs for Fiscal Year 2023 in the approximate amount of $40,000 (Revenue Budget Code 320- 51-505-549-2044-000-000-433110-); and
WHEREAS, the City of Berkeley provides a minimum match of $4,000 in General Funds (Expense Code 011-51-505-549-2041-000-444-various; and
WHEREAS, the funds will support the coordination and management of congregate meals at four sites (North Berkeley Senior Center, South Berkeley Senior Center, Emeryville Senior Center and Albany Senior Center) (budget code 320-51-505-549-2041- 000-444-various).

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 a contract agreement to Alameda County for funding for fiscal year 2023 for the Congregate Meal Program, and to accept the grants and to execute any resultant revenue agreements and amendments.

A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

RESOLUTION NO. -N.S.

REVENUE CONTRACT: ALAMEDA COUNTY FISCAL YEAR 2023 HOME

DELIVERED MEAL PROGRAM
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services provides a broad range of community services to the community; and WHEREAS, the Aging Services Division provides a broad range of services to Berkeley seniors, and coordinates the delivery of meals to three cities – Berkeley, Albany and Emeryville – as the lead partner in the Tri-City Nutrition Program; and WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital senior services; and
WHEREAS, Alameda County provides funding to support the Home Delivered Meal program for Fiscal Year 2023 in the approximate amount of $84,000 (Revenue Budget Code 320-51-505-549-2044-000-000-433110-); and
WHEREAS, the City of Berkeley provides a minimum match of $8,400 in General Funds (Expense Code 011-51-505-549-2044-000-444-various); and WHEREAS, the funds will support the coordination and management of home delivered meals to the partner cities in the Tri-City Nutrition Program (Berkeley, Albany and Emeryville) (budget code 320-51-505-549-2044-000-444-various).

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 a contract agreement to Alameda County for funding for fiscal year 2023 for the Home Delivered Meal Program, and to accept the grants and to execute any resultant revenue agreements and amendments. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

RESOLUTION NO. -N.S.

REVENUE CONTRACT: ALAMEDA FISCAL YEAR 2023 FAMILY CAREGIVER

SUPPORT PROGRAM
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services provides a broad range of community services to the community; and WHEREAS, the Aging Services Division provides a broad range of services to Berkeley seniors; and
WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital senior services; and
WHEREAS, Alameda County provides funding to support the Family Caregiver Support services for Fiscal Year 2023 in the approximate amount of $41,383 (Revenue Budget Code 328-51-505-541-2036-000-000-433110); and
WHEREAS, the City of Berkeley provides a minimum match of $4,183 in General Funds (Expense Code 011-51-505-541-2036-000-444-various); and WHEREAS, the funds will support the provision of caregiver outreach, training and respite services for care receivers (budget code 328-51-505-540-2036-000-444-various).

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 a contract agreement to Alameda County for funding for fiscal year 2023 for the Family Caregiver Support Program, and to accept the grants and to execute any resultant revenue agreements and amendments. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

RESOLUTION NO. –N.S.

REVENUE CONTRACT: ALAMEDA COUNTY FISCAL YEAR 2023 SENIOR CENTER

ACTIVITIES
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services provides a broad range of community services to the community; and WHEREAS, the Aging Services Division provides a broad range of services to Berkeley seniors; and
WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital senior services; and
WHEREAS, Alameda County provides funding to support Senior Center Activities for Fiscal Year 2023 in the approximate amount of $30,000 (Revenue Budget Code 328-51- 505-544-2069-000-000-433110-); and
WHEREAS, the City of Berkeley provides a minimum match of $3,000 in General Funds (Expense Code 011-51-505-544-2069-000-444-various); and WHEREAS, the funds will support the coordination and delivery of senior center outreach, activities, classes, and special events (budget code 328-51-505-544-2069-000-444- various).

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 a contract agreement to Alameda County for funding for fiscal year 2023 for Senior Center Activities, and to accept the grants and to execute any resultant revenue agreements and amendments. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

RESOLUTION NO. –N.S.

REVENUE CONTRACT: ALAMEDA COUNTY FISCAL YEAR 2023 INFORMATION

AND ASSISTANCE SERVICES
WHEREAS, the City of Berkeley Department of Health, Housing & Community Services provides a broad range of community services to the community; and WHEREAS, the Aging Services Division provides a broad range of services to Berkeley seniors; and
WHEREAS, the City of Berkeley should seek outside funding wherever possible to fund vital senior services; and
WHEREAS, Alameda County provides funding to provide Information and Assistance Services for Fiscal Year 2023 in the approximate amount of $100,000 (Revenue Budget Code 327-51-505-541-2035-000-000-433110-); and
WHEREAS, the City of Berkeley provides a minimum match of $10,000 in General Funds (Expense Code 011-51-505-541-2035-000-444-various); and WHEREAS, the funds will support the management and delivery of information, assistance, referral and follow-up services provided in the North and South Berkeley Senior Centers, and in the Social Services Unit (budget code 327-51-505-544-2035-000- 444-various).

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 a contract agreement to Alameda County for funding for fiscal year 2023 for Information and Assistance Services, and to accept the grants and to execute any resultant revenue agreements and amendments. A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

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

CONSENT CALENDAR
November 3, 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 Department
Subject: Contract No. 32000240 Amendment: Berkeley Unified School District (BUSD) for Mental Health MHSA-Funded Programs

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32000240 with Berkeley Unified School District (BUSD) to provide Mental Health Services Act (MHSA) funded programs in local schools through June 30, 2023 in an amount not to exceed $1,394,167. This amendment will add $401,389 in funding to the contract in order to continue three mental health programs for an additional year and add a fourth for the same time period.

FISCAL IMPACTS OF RECOMMENDATION
The funds required to implement this recommendation (a total of $401,389, made up of $46,389 for the Mental Health Peer Education program, $95,000 for the Dynamic Mindfulness Program, $110,000 for the Supportive Schools program, and $150,000 for the African American Success Project) are available in MHSA fund budget code 336-51- 503-523-2011-000-451-612990 and have been included in the Fiscal Year 2023 budget.

CURRENT SITUATION AND ITS EFFECTS
The MHSA provides funding for the Department of Health, Housing and Community Services’ Mental Health Division (HHCS/MH) to work with BUSD to implement four important programs to benefit Berkeley students and their families. This council item is the mechanism for approval to transfer funds for these projects to BUSD.

Funding for the three continuing programs was already approved by Council on July 26, 2022 via Resolution No. 70,469-N.S. This attached resolution will add $46,389 to fund the Mental Health Peer Education program. No other substantive changes have been made to the changes already approved under Resolution No. 70,469-N.S.

BACKGROUND
On November 12, 2019 via Resolution No. 69,168-N.S., City Council approved entering into a contract with BUSD that encompassed four separate programs, each of which are administered by BUSD: the Mental Health Peer Education and Supports Project (MEET),

Contract No. 32000240 Amendment CONSENT CALENDAR
November 3, 2022

the Dynamic Mindfulness Program, the Supportive Schools Program, and the African American Success Project.

The State of California MHSA provides funding for local mental health services and supports. City of Berkeley MHSA Three Year Program and Expenditure Plans (Three Year Plans) and Annual Updates detail the uses of local MHSA funds. Development of local MHSA Three Year Plans and Annual Updates require community program planning, writing a draft plan, providing a 30-day public review, and conducting a public hearing at the Mental Health Commission.

HHCS/MH has worked closely with BUSD for many years; successfully implementing a variety of programs to support the needs and enhance the well-being of the student body, and providing a solid foundation for positive youth development. Funding programs to be administered directly by BUSD has proven to be an effective model in the past, as it allows educators to tailor programs to meet the individual needs of students within the context of their school setting.

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
BUSD is a trusted partner in the implementation of programs to ensure students’ needs are met in the most effective manner possible. Each of the programs funded by this contract were developed as a result of feedback from stakeholders and went through a lengthy community input process before being presented to City Council as part of the MHSA Plan Annual Update.

ALTERNATIVE ACTIONS CONSIDERED
Staff did not identify an alternative action that would be consistent with the adopted MHSA Three-Year Program and Expenditure Plans.

CONTACT PERSON
Conor Murphy, Assistant Management Analyst, HHCS, (510) 981-7611 Jonathan Maddox, Mental Health Program Supervisor, HHCS, (510) 981-5235 Attachments:
1: Resolution

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

CONTRACT NO. 32000240 AMENDMENT: BERKELEY UNIFIED SCHOOL DISTRICT (BUSD) FOR MENTAL HEALTH MHSA-FUNDED PROGRAMS
WHEREAS, on November 12, 2019 via Resolution No. 69,168-N.S., City Council approved entering into a contract with BUSD to fund the Mental Health Peer Education and Supports Project, the Dynamic Mindfulness Program, the Supportive Schools Program, and the African American Success Project; and
WHEREAS, on May 11, 2021 via Resolution No. 69,836-N.S., City Council approved amending Contract No. 32000240; and
WHEREAS, on February 22, 2022 via Resolution No. 70,221-N.S., City Council approved amending Contract No. 32000240; and
WHEREAS, on July 26, 2022 via Resolution No. 70,469-N.S., City Council approved amending Contract No. 32000240; and
WHEREAS, community input and stakeholder feedback has determined a need for the programs being funded; and
WHEREAS, the Berkeley Unified School District (BUSD) has been a trusted partner in the implementation of a variety of programs in collaboration with the City; and WHEREAS, funding for this contract has been included in the Fiscal Year 2023 Budget and is available in ERMA GL Account 336-51-503-523-2011-000-451-612990.

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 Contract No. 32000240 with the Berkeley Unified School District for MHSA-funded programs through June 30, 2023 increasing the contract by $401,389 for a new total not to exceed amount of $1,394,167. A record signature copy of said contract and any amendments to be on file in the City Clerk Department.

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
November 3, 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: Greater Bay Area Regional Partnership Workforce, Education and Training Grant – California Mental Health Services Authority

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to enter into a Participation Agreement and any amendments with the California Mental Health Services Authority (CalMHSA) for the Greater Bay Area (GBA) Regional Partnership Workforce, Education and Training (WET) Grant, and to allocate local Mental Health Services Act (MHSA) funds in an amount not to exceed $42,609, through June 30, 2025.

FISCAL IMPACTS OF RECOMMENDATION
Funding in the amount of $42,609 from MHSA revenue received from the State of California is available in the FY 2023 budget in MHSA Fund (Fund 315). On July 26, 2022 with Resolution No. 70,641-N.S., the City Council approved the MHSA FY2022/23 Annual Update; which included $42,609 for this activity in the planned uses for MHSA funds.

CURRENT SITUATION AND ITS EFFECTS
The City of Berkeley, Mental Health Division is currently experiencing an unprecedented number of staff vacancies. This trend is being felt throughout the State of California, making the recruitment and retention of public mental health professionals extremely difficult. Vacancies in staffing have deleterious impacts on the ability to provide services to vulnerable populations in Berkeley.

To address the need for qualified mental health workers, the state has designed the GBA WET grant, which will provide student loan repayment assistance for certain members of the mental health workforce. In order to participate in this initiative, the City must enter into a Participation Agreement with CalMHSA to allocate the local match of funds and obtain administrative services. California mental health jurisdictions need to allocate a portion of local MHSA funds to California Mental Health Services Authority

Greater Bay Area Regional Partnership CONSENT CALENDAR
Participation Agreement – CalMHSA November 3, 2022

(CalMHSA) which administers the program. Then the State Department of Health Care Access and Information (HCAI) will provide CalMHSA with matching funds for the program in that jurisdiction.

On July 26, 2022 with Resolution No. 70,641-N.S., the City Council approved the MHSA FY2022/23 Annual Update, which included $42,609 for this activity. This item will allow the City to allocate $42,609 of local MHSA funds to CalMHSA to participate in this initiative. CalMHSA City funds will be combined with $129,116 from HCAI for a total of $171,725 that will be available for the GBA WET grant. The cost for CalMHSA to administer the program is $22,399, and the remaining funds ($149,326) will be made available for educational loan repayment.

Specifically, this program will provide an opportunity for public mental health professionals who are in City-designated hard-to-fill and/or hard-to-retain positions to apply for partial repayment of their educational loans in exchange for a set number of years of work in the City of Berkeley’s Mental Health Division. The Mental Health Division is currently in the process of determining which positions meet these criteria and the loan repayment amount, which is estimated to be somewhere between $9,000 - $10,000 per each awardee.

BACKGROUND
The State Department of Health Care Access and Information (HCAI, formerly named the Office of Statewide Health Planning and Development) allocated $40 million in WET funds for Regional Partnerships across the state for mental health workforce strategies that will be implemented through FY25. The program aims to address the shortage of mental health practitioners in the public mental health system through a framework that engages Regional Partnerships and supports individuals through five categories including:
 Pipeline Development,
 Loan Repayment Program,
 Undergraduate College and University Scholarships,
 Clinical Master and Doctoral Graduate Education Stipends, and  Retention Activities.

Each Regional Partnership decides which strategies they want to implement to benefit the local area. The City of Berkeley is part of the GBA Regional Partnership. The Mental Health Division participated in meetings with representatives from the other counties within the GBA, and all participating counties decided to allocate these funds for the Loan Repayment program.

GBA WET will be administered by CalMHSA, a Joint Powers Authority that was formed in 2009 to create a separate public entity to provide administrative and fiscal services in support of Members’ Mental/Behavioral Health Departments acting alone or in

Greater Bay Area Regional Partnership CONSENT CALENDAR
Participation Agreement – CalMHSA November 3, 2022

collaboration with other Departments. CalMHSA Is governed by a Board of Directors that is comprised of the participating county or city mental/behavioral health director and a designated alternate for when the director is absent. Contributing counties provide direction into the types of initiatives that are implemented.

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

RATIONALE FOR RECOMMENDATION
Hiring and retaining mental health professionals is a challenge for the City and jurisdictions across the state. Loan repayment assistance has been identified as a strategy to support diverse candidates to enter and stay in the public mental health field.

This program appeared in the City Council-approved MHSA Plan as well as the Annual Update, and the recommended action is needed to effectuate participation.

ALTERNATIVE ACTIONS CONSIDERED
The City could choose not to participate in GBA WET. That would be inconsistent with the City’s Strategic Plan goal to attract and retain a talented and diverse City workforce, and is therefore not recommended.

CONTACT PERSON
Karen Klatt, Community Services Specialist III, HHCS, (510) 981-7644

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

GREATER BAY AREA REGIONAL PARTNERSHIP WORKFORCE, EDUCATION &

TRAINING PARTICIPATION AGREEMENT
WHEREAS, the State Department of Health Care Access and Information (HCAI, formerly named the Office of Statewide Health Planning and Development) allocated $40 million in Workforce, Education and Training funds for Regional Partnerships across the state for mental health workforce strategies that will be implemented through FY25, to address the shortage of mental health practitioners in the public mental health system; and WHEREAS the City of Berkeley is part of the GBA Regional Partnership and all participating counties within the GBA have decided to allocate these funds for the Loan Repayment program; and
WHEREAS the Loan Repayment Program will provide an opportunity for public mental health professionals who are in City designated hard-to-fill and/or hard-to-retain positions to apply for a portion of their educational loans to be re-paid, in exchange for a set number of years of work in the Mental Health Division; and
WHEREAS the amount of local MHSA funds the City of Berkeley is required to contribute to participate in this initiative was originally $40,157, and this amount was subsequently increased to $42,609; and
WHEREAS per Resolution No. 69,620-N.S., the City Council approved the MHSA FY2020/21-FY2022/23 Three Year Program and Expenditure Plan, which included $40,157 in local MHSA funds for this program; and the City Council subsequently adopted the MHSA FY2022/23 Annual Update which revised the planned expense to $42,209 with Resolution No. 70,641-N.S.; and
WHEREAS the California Mental Health Services Authority (CalMHSA) administers this program, and in order to participate the City must enter into a Participation Agreement to allocate the local MHSA funds and obtain administrative services from CalMHSA; and WHEREAS, in order to execute a Participation Agreement and allocate funds to CalMHSA for this initiative, City Council approval is required; and WHEREAS, funding is available in the FY2023 budget in the MHSA Fund (Fund 315).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to execute a Greater Bay Area Regional Partnership Workforce Education and Training Participation Agreement and any amendments with CalMHSA, and allocate funds for a total amount not to exceed $42,609, through June 30, 2025.

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

CONSENT CALENDAR
November 3, 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: Fiscal Year 2023 Meals on Wheels of Alameda County Donations for the Berkeley Meals on Wheels Program

RECOMMENDATION
Adopt a Resolution accepting donations, totaling approximately $175,000, for the Berkeley Meals on Wheels Program from the Meals on Wheels of Alameda County (MOWAC) agency, for Fiscal Year 2023 (FY 2023).

FISCAL IMPACTS OF RECOMMENDATION
The donations will be received and deposited on a quarterly basis into the Fund Raising Activities Fund (ERMA GL Code 111-51-505-549-2044-000-444-612990-) and will be appropriated as part of the Second Amendment to the FY 2023 Annual Appropriations Ordinance for supporting the operations of the Meals on Wheels. These donations will support the cost of hourly personnel and operating expenses needed to provide meals to home-bound seniors by the City of Berkeley Meals on Wheels program. Total donation amount to be a maximum of $175,000.

CURRENT SITUATION AND ITS EFFECTS
The Berkeley Meals on Wheels program is operated by the Department of Health, Housing and Community Services’ Aging Services Division (HHCS/Aging). The program contributes to the City’s Strategic Plan goal to be a customer-focused organization that provides excellent, timely, easily-accessible service to the community, particularly the older adult, homebound community. The Berkeley Meals on Wheels program provides over 60,000 nutritious meals to over 250 seniors each year.

MOWAC is a private, non-profit agency that raises funds for the six Meals on Wheels programs in Alameda County. MOWAC provides special grant funding and donations to programs to support the delivery of meals to home-bound seniors.

BACKGROUND
The City of Berkeley Meals on Wheels program is funded by an annual grant contract with the Alameda County Area Agency on Aging, as well as by client and community

Fiscal Year 2023 Meals on Wheels of Alameda County Donations CONSENT CALENDAR for the Berkeley Meals on Wheels Program November 3, 2022

donations and the City’s General Fund. While each Meals on Wheels program in the County is expected to support unfunded costs of the program to meet community needs, MOWAC helps programs meet additional needs by conducting its own fundraising efforts for the benefit of all programs countywide.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Berkeley Meals on Wheels program packages its meals in compostable containers to reduce landfill waste. The program also offers volunteer bicycle delivery routes.

RATIONALE FOR RECOMMENDATION
Donations received from MOWAC will provide the Berkeley Meals on Wheels program with significant financial support that can be directly applied to both personnel and operating expenses for the program.

ALTERNATIVE ACTIONS CONSIDERED
Refusing donations from MOWAC would not be consistent with the City’s Strategic Plan goals or its efforts to sustain an Age-Friendly Berkeley, and is not recommended.

CONTACT PERSON
Tanya Bustamante, Aging Services Manager, HHCS, (510) 981-5178 Attachments:
1: Resolution

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

FISCAL YEAR 2023 MEALS ON WHEELS OF ALAMEDA COUNTY DONATIONS FOR

THE BERKELEY MEALS ON WHEELS PROGRAM
WHEREAS, the Meals on Wheels of Alameda County (MOWAC) Agency’s mission is to raise funds for the six Meals on Wheels programs in Alameda County, including Berkeley Meals on Wheels; and
WHEREAS, Alameda County distributes these funds on a quarterly and proportional basis to Meals on Wheels programs and special grant requests throughout Alameda County; and
WHEREAS, Berkeley Meals on Wheels provides over 60,000 nutritious meals to over 250 seniors each year; and
WHEREAS, total donation amounts from MOWAC will be a maximum of $175,000 for Fiscal Year 2022-2023; and
WHEREAS, MOWAC donations will assist in covering personnel costs or providing meals to homebound seniors; and
WHEREAS, the donations will be deposited into the Fund Raising Activities Fund (ERMA Budget Code 111-51-505-549-2044-000-444-612990-) and will be appropriated as part of the Second Amendment to the FY 2022 Annual Appropriations Ordinance.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that donations to the Berkeley Meals on Wheels program from the Meals on Wheels of Alameda County Agency are accepted to support personnel and operational costs of meal provision to home-bound seniors by the City of Berkeley Meals on Wheels program.

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
November 3, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Donald E. Ellison, Interim HR Director
Subject:

Contract: Robert Half International/Protiviti for Professional Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to increase spending authority with Robert Half International/Protiviti for professional services in support of the following City Departments: Fire (Administration, Prevention, Wildland Urban Interface, Emergency Medical Services and Training), Human Resources, and Information Technology in the Fiscal Year (FY) 2023 using the General Services Agency’s (GSA) purchasing vehicle no. GS-35F-0280X for an annual increase not to exceed $750,000 through June 30, 2023.

FISCAL IMPACTS OF RECOMMENDATION
One-time funding in the amount of $250,000 for Information Technology is available in its Fiscal Year (FY) 2023 General Allocation fund. Fire has funding in the amount of $250,000 for the period November 4, 2022 to November 3, 2023 and there is an option to extend for two years for a total term of three years. Funding for Fire will come from 011-72-742-834-0000-000-422-612990- (General Fund), 147-72-743-000-0000-000-422- 612990- (UC LRDP), or 164-72-745-000-0000-000-422-612990- , 164-72-742-836-0000-000- 422-612990-, 164-72-742-837-0000-000-423-612990- (Measure FF). One-time funding in the amount of $250,000 for Human Resources is available in its Fiscal Year (FY) 2023 General Allocation fund, 011-34-342-000-0000-000-412-513110.

CURRENT SITUATION AND ITS EFFECTS
Due to recruitment and retention problems facing the Department and the city, which have an unknown duration, it is critical that the Departments have alternatives in place to ensure work can progress and that there is continuity of operations. The volume of work facing the Fire, Human Resources and Information Technology Departments exceeds their current skillset (in some cases) and resource capacity. Robert Half lnternational/Protiviti has been providing critical support which is projected to be critical in the coming year.

BACKGROUND
Fire, Human Resources and Information Technology (IT) are in the midst of a number of large projects. For IT, staff presented to Council in December 2020 an assessment of

Contract: Robert Half International/Protiviti for Professional Services CONSENT CALENDAR November 3, 2022

threats currently facing the City’s technology infrastructure. The resulting roadmap to resolution was prioritized into six projects requiring supplemental skillset to complete.

Additionally, there are many Fire projects that are running in parallel to one another that will result in substantial changes to every division within the organization and fundamentally change the way the department provides prevention, education, training and emergency response to the community. All of these projects are priority and need to be accomplished concurrently. Secondary to the COVID hiring freeze, the Fire Department has been unable to create special 40hr assignments or make sufficient promotions to perform the work required to plan, implement, and sustain this work.

Following direction from the City Council on June 29th, 2021 to “get creative”, Department leadership has been working to think outside of the box to meet the goals and objectives of the Mayor, Council, and the community.

Robert Half International/Protiviti has been providing critical technical and support staff to the Fire, Human Resources and Information Technology Departments. These needs are projected to continue through the next 12 months and thus on-going support from Robert Half International/Protiviti is crucial.

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

RATIONALE FOR RECOMMENDATION
Robert Half International/Protiviti has been providing critical technical and support staff to the Fire, Human Resources and Information Technology Departments. These needs are projected to continue through the next 12 months and thus on-going support from Robert Half International/Protiviti is crucial.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Donald Ellison, Interim Human Resources Director, Human Resources Department, (510)-981-6807.

Attachments:
1: Resolution

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

CONTRACT: ROBERT HALF INTERNATIONAL/PROTIVITI FOR PROFESSIONAL

SERVICES
WHEREAS, the Fire, Human Resources and Information Technology Departments are in the midst of a number of large projects that are running in parallel to one another and will result in substantial changes to every division within the organization and fundamentally change the way the departments provide or implement Cybersecurity, fire prevention, education, training and emergency response to the City and community, and WHEREAS, due to recruitment and retention problems facing the Fire, Human Resources and Information Technology Departments and the City, which have an unknown duration, it is critical that the Fire, Human Resources and Information Technology Departments have alternatives in place to ensure work can progress and that there is continuity of operations. and
WHEREAS, all of these projects are priority and need to be accomplished concurrently, and
WHEREAS, Robert Half International/Protiviti has been providing critical technical and support staff to the Fire, Human Resources and Information Technology Departments, and
WHEREAS, these needs are projected to continue through the next 12 months and thus on-going support from Robert Half International/Protiviti is crucial.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Council adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Robert Half lnternational/Protiviti for professional services in support of the following City Departments: Fire (Administration, Prevention, Wildland Urban Interface, Emergency Medical Services and Training), Human Resources, and Information Technology in the Fiscal Year (FY) 2023 using the General Services Agency’s (GSA) purchasing vehicle no. GS-35F-0280X for an annual increase not to exceed $750,000 through June 30, 2023.

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

CONSENT CALENDAR
November 3, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Kevin Fong, Director, Department of Information Technology Subject: Contract No. 32000281 Amendment: ConvergeOne for on-site Avaya Administration, Maintenance and Support

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32000281 to increase the spending authority with ConvergeOne (previously named Integration Partners), for Avaya on-site administration and maintenance, increasing the amount by $165,000 for a total not to exceed amount of $892,821, from July 1, 2020 to June 30, 2024.

FISCAL IMPACTS OF RECOMMENDATION
One-time funding for on-site administrative and maintenance services in the amount of $165,000 is allocated within Fiscal Year (FY) 2023 in the Department of Information Technology’s FY 2023 IT Cost Allocation funds as outlined below and any future expenditures are subject to Council approval of the proposed citywide budget and Annual Appropriations Ordinances.
$727,821 Existing Contract Value
$165,000 FY 2023: Professional Services
Budget Code: 680-35-363-380-0000-000-472-612990-
(IT Department, Professional Services – Miscellaneous)
$892,821 Total Not To Exceed (NTE) Contract Value

CURRENT SITUATION AND ITS EFFECTS
Consistent with national trends, there was a high volume of turnover of skilled Information Technology (IT) technicians in 2022 at the City of Berkeley. This is due in part to a supply-demand imbalance driven by a high demand for skilled workers with expertise in implementing new ways of remote/distance working. We are engaging in this contract to ensure adequate resources and support for our Avaya system which provides telephonic communications for all City services, including desk telephones, Voice over IP (VoIP) solutions and voicemail.

This professional services contract amendment recommendation will augment City staff with a telephony engineer/administrator to ensure the City’s telephones and backend

Contract Amendment: Contract: Integration Partners for on-site CONSENT CALENDAR Avaya Administration, Maintenance and Support November 3, 2022

voice communications systems are administered and maintained consistent with their criticality to daily City operations and delivery of services to the Berkeley community and to continue advancing our City’s strategic goal to provide state-of-the-art, well- maintained infrastructure, amenities, and facilities.

BACKGROUND
The City’s Voice Over IP (VoIP) telephony system was significantly upgraded between calendar years 2020 and 2021. The City is contracted with Integration Partners (since acquired by ConvergeOne) through the end of fiscal year 2024 (FY24).

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This VoIP telephony administration and maintenance resource will be on-site as telephony continues to be fairly hands-on. This technician will be local and available to complete field work at all City sites. This resolution then, continues to support the goals of environmental sustainability by using local resources.

RATIONALE FOR RECOMMENDATION
It is critical that we keep the current platform up to date to ensure no gaps in our administration, maintenance or support in the event of a major outage with our Avaya enterprise phone system as that would result in significant disruption of services including and not limited to the Berkeley community not being able to reach City offices via phone call, staff not being able to call each other, and our community and staff not being able to leave voice messages. It is equally critical that the City have access to a trained, experienced, and skilled VoIP telephony technician who can be added to the existing contract for a limited duration while the City begins evaluating future options beginning in January 2023.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered resourcing this skillset through hiring positions specializing in Avaya and VoIP telephony, however, efforts to date have not yet yielded suitable candidates.

Furthermore, redeploying staff to cover Avaya and VoIP telephony was considered, but those so redeployed would not be trained, have experience with, or be skilled in the field of VoIP telephony. This technician is needed now and we will ensure transition of knowledge to staff for future support of the system. Finally, staff also considered staff augmentation through a temporary staffing agency but the cost was substantially higher than expanding the contract with ConvergeOne for this technician.

CONTACT PERSON
Kevin Fong, Director, Department of Information Technology, 981-6541 Attachments:
1: Resolution

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

CONTRACT No. 32000281 AMENDMENT: CONVERGEONE FOR AVAYA UPGRADE,

SUPPORT, AND MAINTENANCE
WHEREAS in December 2019, the City issued a Request for Proposals (RFP) for Avaya upgrade, support, and maintenance (Specification No. 20-11377-C) and received 5 qualifying bids; and
WHEREAS Integration Partners (IPC) provided the best combination of cost, responsiveness, and references to complete the necessary upgrades and provide ongoing support moving forward; and
WHEREAS current contract in the amount of $727,821, is allocated for Fiscal Year (FY) 2020-2023 in the Department of Information Technology’s FY 2020 VoIP Replacement and IT Cost Allocation funds; and
WHEREAS funding for miscellaneous professional services in the amount of $165,000, is allocated for Fiscal Year (FY) 2023 in the Department of Information Technology’s FY 2023 IT Cost Allocation funds; and
WHEREAS in January 2022, ConvergeOne purchased Integration Partners and, effective September 12, 2022, IPC’s operations were fully integrated into ConvergeOne; and WHEREAS the City seeks to maintain this critical Information Technology function – Voice Over IP (VoIP) telephone infrastructure and system; and WHEREAS ConvergeOne has local, skilled staff available to provide immediate backfill and knowledge transfer to remaining and newly hired Information Technology (IT) City staff; and
NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 32000281 with ConvergeOne for Avaya on-site administration, support and maintenance, increasing the amount by $165,000 for a total not to exceed amount of $892,821, from July 1, 2020 to June 30, 2024.

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
November 3, 2022
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Kevin Fong, Director of Information Technology Subject: Contract No. 32000223 Amendment: Gray Quarter, Inc. for Accela Professional Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32000223 with Gray Quarter, Inc. for professional services, increasing the amount by $50,000, for a total not-to-exceed amount of $299,500 through December 31, 2023.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the additional professional services is available in the Fiscal Year (FY) 2023 IT Cost Allocation. Future expenditures are subject to Council approval of the proposed citywide budget and Annual Appropriations Ordinances.
$50,000

FY 2023: Professional Services – IT
Budget Code: 680-35-362-377-0000-000-472-612990
(IT Cost Allocation, IT, Professional Services)
$249,500 Current Contract Value
$299,500 Total Contract Value: Professional Services

Contract No. 32000223 Amendment: Gray Quarter, Inc. for Accela Professional Services CONSENT CALENDAR November 3, 2022

CURRENT SITUATION AND ITS EFFECTS
Various departments in the City use the Accela Civic Platform as their Business License and Permitting system. The Information Technology Department seeks to extend its contract with Gray Quarter in order to support maintenance, upgrade, and provide technical expertise and support for the Accela Civic Platform.

Currently, Information Technology is engaged in a major upgrade of the Accela Civic Platform. This upgrade moves the City to a supported software version that provides feature enhancements and addresses key security vulnerabilities. In addition, the upgraded version supports newer browsers that streamlines the user experience. Gray Quarter provides installation assistance, upgrade expertise, training support and other project management related support for this upgrade project.

With the additional funds Gray Quarter will continue to assist with the current Accela upgrade, future upgrades, production support and provide support in key projects.

BACKGROUND
Gray Quarter is an Accela Certified Services Partner and Accela Technology Alliance Partner that specializes in Accela software, with proven experience in many challenging projects.

Gray Quarter has provided support to the city via Accela professional services as a sub- contractor since 2018. In 2019, they were the Accela Professional services sub- contractor to lead the effort to implement Business License renewals online.

In 2020, the City established a direct contract with Gray Quarter to assist with Accela Civic Platform efforts on an as-needed basis. Some of the key efforts in which Gray Quarter has assisted the City include updating the Finance Cash Receipt (CR) interface file to allow for accurate reporting of revenue when overpayments are received and assistance with completion of the data bridge that sends refund data from Accela directly to FUND$. Gray Quarter has also assisted with the design and configuration management for Ad Hoc reports, and on-going support of Business Licensing module for Rental of Real Property.

In 2021, the City and Gray Quarter enabled online renewal for an additional 10 license types completing the business license online renewal project for the City.

In 2022 Gray Quarter completed the Tax computations changes for Street vendors to use Gross Receipts, delivered the initial draft of a new delinquent business license renewal notification process, and worked with IT to specify new infrastructure for Accela Version 22 and install new instances of Development and Test on the latest version of the Accela Civic Platform.

Contract No. 32000223 Amendment: Gray Quarter, Inc. for Accela Professional Services CONSENT CALENDAR November 3, 2022

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The City will help reduce carbon emissions by allowing most, if not all, business license processes to be performed online thereby reducing traffic into the City in keeping with the City's Climate Action Plan . This helps with the Digital Strategic Plan goals of providing more online services.

RATIONALE FOR RECOMMENDATION
Gray Quarter, Inc. is an Accela-Certified services partner. They have supported the City in various projects. Gray Quarter has performed specialized process analysis, configuration, and scripting to support the City's online business license system and various other IT and Finance projects. As a result, Gray Quarter has in-depth knowledge of City business processes and data architecture that would take other vendor years to acquire.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered completing projects and enhancements, gaining expertise by investing more time in learning without professional services; however, doing so would lead to an inefficient allocation of staff resources and significantly extend implementation timelines.

CONTACT PERSON
Kevin Fong, Director, Information Technology, 510-981-6525 Attachments:
1: Resolution

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

CONTRACT NO. 32000223 AMENDMENT: GRAY QUARTER, INC. FOR ACCELA

PROFESSIONAL SERVICES
WHEREAS, Gray Quarter, Inc. provides design, implementation, and support services to public sector technology solutions; and
WHEREAS, Gray Quarter is an Accela Certified Services Partner and Accela Technology Alliance Partner that specializes in Accela software since 2002, with proven experience in many challenging projects; and
WHEREAS, Gray Quarter has provided online enhancements to the Accela platform that have become particularly critical in order to keep business license services accessible and efficient for the community during the COVID 19 pandemic, and this functionality is consistent with the City’s strategic goal “to be a customer-focused organization that provides excellent, timely and easily accessible service to the community,”; and WHEREAS, Gray Quarter has provided excellent scripting, configuration and consulting services for Accela and therefore has an in-depth knowledge of City business processes and data architecture that would take another vendor years to acquire; and WHEREAS, funding for the additional professional services is available in the Fiscal Year (FY) 2023 IT Cost Allocation, and any future expenditures are subject to Council approval of the proposed citywide budget and Annual Appropriations Ordinances.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend Contract No. 32000223 with Gray Quarter, Inc., increasing the amount by $50,000, for a total not-to-exceed amount of $299,500, and for the term beginning February 17, 2020 to December 31, 2023.

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

CONSENT CALENDAR
November 3, 2022
To: Honorable Mayor and Members of the City Council From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Department of Planning and Development Subject: Adoption of Berkeley Building Codes, including Local Amendments to California Building Standards Code

RECOMMENDATION

1. Adopt first reading of an Ordinance repealing and reenacting the Berkeley Building, Residential, Electrical, Mechanical, Plumbing, Energy, and Green Building Standards Codes in BMC Chapters 19.28, 19.29, 19.30, 19.32, 19.34,

19.36 and 19.37, and adopting related procedural and stricter provisions; and schedule a Public Hearing for the second reading on November 29, 2022 pursuant to state law; and

2. Adopt a Resolution setting forth findings of local conditions that justify more stringent regulations than those provided by the 2022 California Building Standards Code, and rescinding Resolution No. 69,170-N.S.

SUMMARY
The purpose of this report is to provide background on the 2022 California Building Standards Code, identify key changes from the 2019 to 2022 Code editions, and summarize the proposed local amendments, which include:
 Adoption of the California Residential Code Appendix AU Cob Construction in support of sustainable construction practices, which reduce environmental impact and provide increased thermal efficiencies; and
 Amendments to the California Plumbing Code to require installation of motion activated gas shut off valves in construction of new and alterations or additions to existing buildings containing fuel gas piping for which a mechanical or plumbing permit is issued. This amendment is in response to a referral from the Disaster and Fire Safety Commission to help reduce or prevent gas-related fires in the event of a major seismic event; and
 Amendments to the California Green Buildings Standards Code (CALGreen) to increase electric vehicle charging infrastructure and readiness requirements in all building types.

Adoption of Berkeley Building Codes, including CONSENT CALENDAR Local Amendments to California Building Standards Code November 3, 2022

The 2022 California Building Standards Code, with local amendments, is adopted in the Berkeley Municipal Code, Title 19, as the Berkeley Building, Residential, Electrical, Mechanical, Plumbing, Energy, and Green Codes (Berkeley Building Codes).

FISCAL IMPACTS OF RECOMMENDATION
Adoption of the revised and expanded 2022 California Buildings Standards Code, with the proposed local amendments, will increase the plan check and inspection workload.

The expanded California Green Building Standards Code (CALGreen) and the more complex 2022 California Energy Code, which include additional acceptance testing, verification and documentation provisions, will increase plan check and inspection requirements. On July 16, 2019, while adopting an Ordinance Prohibiting Natural Gas Infrastructure in New Buildings, the City Council confirmed that an additional program manager position in the Building and Safety Division of the Planning and Development Department would be needed to implement the Natural Gas Prohibition, CALGreen EV requirements, regularly changing Energy Code requirements, and other Code amendments in support of the Berkeley “Deep Green” Building Initiative. In FY 2022 the Building and Safety Division recruited a Green Building Program Manager, but the position was limited to two years due to pandemic-related budget restrictions. A permanent full-time position is required for ongoing implementation and enforcement of these green building requirements, and is expected to be reflected in the FY 24/25 budget request for Council consideration. The annual cost of extending the Green Building Program Manager position is estimated at $273,341.

CURRENT SITUATION AND ITS EFFECTS
As part of a regular three-year cycle, the State Building Standards Commission has published the 2022 California Building Standards Code that must go into effect no later than January 1, 2023. The California Building Standards Code (California Code of Regulations, Title 24) includes the Building Code (Part 2), Residential Code (Part 2.5), Electrical Code (Part 3), Mechanical Code (Part 4), Plumbing Code (Part 5), Energy Code (Part 6), Historical Code (Part 8), Existing Building Code (Part 10), and Green Building Standards Code (Part 11). The Codes provide for minimum uniform standards for health and safety related to the built environment and for their enforcement through a system of permits, plan review, and inspections.

The ordinance proposed for Council adoption, supported by the resolution of findings, provides for the adoption of the referenced California Codes along with certain local amendments, effective January 1, 2023. If this ordinance does not become effective by January 1, 2023, the 2022 California Building Standards Code will automatically become effective on that date, and until a local ordinance were to become effective, the City would not be able to maintain or implement the local amendments tailored to Berkeley. The last day to file for a building permit to be reviewed under the current 2019 Codes will be Friday, December 30, 2022.

Adoption of Berkeley Building Codes, including CONSENT CALENDAR Local Amendments to California Building Standards Code November 3, 2022

The City’s building-related codes include local amendments reflecting operations and local climatic, geological, and topographical conditions that need to be included as part of the adoption of the new code. Under state law, local jurisdictions may adopt other administrative provisions appropriate to the locality and may adopt stricter code provisions if justified by findings of local climatic, geological or topographical conditions.

This ordinance, with the local amendments, supports the City’s Strategic Plan goals to create a resilient, safe, connected, and prepared city, and to be a global leader in addressing climate change, advancing environmental justice, and protecting the environment. The proposed actions also support emergency housing provisions to assist in the declared homeless shelter crisis.

BACKGROUND
The Council last adopted new California Building Standards Code with local amendments in 2019, which became effective on January 1, 2020. As with the last code adoption, staff is conducting community outreach to inform future applicants and other community members that all permit applications submitted on or before December 30, 2022, will be reviewed under the current 2019 building codes. Outreach includes notifications on the City’s homepage websites, announcements on the online permit center website, notification flyers at the Permit Service Center, and email notification to local building professionals.

When the Department opens on January 3, 2023 after the observed New Year’s Day holiday, new permit applications will be reviewed for conformance to the 2022 California Building Standards Code with adopted local amendments.

Codes recommended for adoption are the Berkeley Building Code (Chapter 19.28), which also includes the Historical Building Code and the Existing Building Code, the Berkeley Residential Code (Chapter 19.29), the Berkeley Electrical Code (Chapter

19.30), the Berkeley Mechanical Code (Chapter 19.32), the Berkeley Plumbing Code (Chapter 19.34), the Berkeley Energy Code (Chapter 19.26) and the Berkeley Green Code (Chapter 19.37).

Berkeley Building Code (Chapter 19.28)
The 2022 California Building Code adopted in BMC Chapter 19.28 includes numerous model code changes, impacting use and occupancies, allowable building heights and areas, fire protection features, means of egress, structural modifications, etc. Of major importance are the introduction of three additional construction types for larger and taller mass timber buildings, new provisions for small and large family care facilities in apartment buildings, introduction of the minimum safety requirements for shipping containers to be repurposed for use as buildings and structures. These changes are designed to provide enhanced protection of public health, safety and general welfare as they relate to the construction and occupancy of buildings and structures.

Adoption of Berkeley Building Codes, including CONSENT CALENDAR Local Amendments to California Building Standards Code November 3, 2022

Berkeley Residential Code (Chapter 19.29)
The 2022 California Residential Code adopted in BMC Chapter 19.29 includes numerous model code changes further refining prescriptive provisions for the construction of dwellings. Of major importance are the updated local climatic criteria refining the energy needs for dwelling units for the purpose of ensuring that the selected HVAC equipment meets the heating or cooling requirements, introduction of the minimum safety requirements for shipping containers to be repurposed for use as residential or accessory buildings and structures, and a new Appendix AU Cob Construction which provides requirements for clay, sand and straw to be used as the primary building material. These changes are designed to provide enhanced protection of public health, safety and general welfare as they relate to the construction and use of residential buildings and structures.

Berkeley Mechanical Code (Chapter 19.32)
The 2022 California Mechanical Code adopted in BMC Chapter 19.32 incorporates the prior local Berkeley amendment to require installation of residential kitchen range hoods with a minimum air flow of 100 cfm and maximum sound rating not exceeding 3 sones over residential stoves and cooktops.

Berkeley Plumbing Code (Chapter 19.34)
In response to a referral from the Disaster and Fire Safety Commission, adopted by the City Council on June 1, 2021 (see Attachment 3), staff proposes a local amendment to the 2022 California Plumbing Code, adopted in BMC Chapter 19.34, to include a mandatory requirement for the installation of motion activated gas shut off valves in construction of new and alterations or additions to existing buildings containing fuel gas piping for which a mechanical or plumbing permit is issued regardless of the permit valuation. This amendment is intended to reduce or prevent serious gas-related fires or explosions in the event of a major seismic event.

Berkeley Energy Code (Chapter 19.36)
The 2022 California Energy Code adopted in BMC Chapter 19.36 incorporates requirements for rooftop solar photovoltaic (PV) systems for new nonresidential and new multifamily buildings, which are based on the City of Berkeley requirements previously added through local Reach Code amendments to the 2019 Energy Code.

The comprehensive electric readiness requirements now mandated for new residential construction in the 2022 California Energy Code, including building systems for water heating, space conditioning, clothes drying, and cooking, have been modeled on Berkeley’s own 2019 Energy Reach code amendments.

The 2022 California Energy Code introduces substantial additional changes over the previous code cycle. It incorporates a new energy source metric, adds chapters specifically addressing energy requirements for multi-family residential buildings, adds comprehensive electric readiness requirements for single family and multi-family buildings, adds new requirements for nonresidential building systems, requires energy

Adoption of Berkeley Building Codes, including CONSENT CALENDAR Local Amendments to California Building Standards Code November 3, 2022

storage systems (ESS) for multi-family buildings of three stories or more and nonresidential buildings, and requires higher ventilation rates.

Since the 2019 Berkeley Reach Code amendments have been incorporated into the 2022 California Energy Code and statewide cost-effectiveness studies have not been provided to justify further amendments, staff proposes adoption of the 2022 California Energy Code without amendments. This recommendation aligns with the regional consensus that any local all-electric building provisions reside outside of the Energy Code. The Natural Gas Prohibition in Berkeley Municipal Code Chapter 12.80 enables design professionals and developers to design new buildings as all-electric from project inception. All electric building compliance is verified as part of the building permit plan review and field inspection process.

Berkeley Green Code (Chapter 19.37)
The 2022 California Green Building Standards Code (CALGreen) adopted in BMC Chapter 19.37 makes moderate changes in comparison to the 2019 CALGreen, primarily concentrated on electric vehicle (EV) charging readiness, including charging provisions for medium and heavy-duty commercial vehicles. The proposed local amendments retain additional EV charging requirements, maintain requirements for low- carbon concrete, and preserve past local amendments for increased construction and demolition (C&D) waste diversion. No cost-effectiveness demonstration is required for local amendments to CALGreen.

The proposed local amendments require increased EV charging readiness and installation in new buildings, in keeping with Berkeley’s amendments to the 2019 CALGreen Code and implementation of Berkeley’s Electric Mobility Roadmap.

Specifically, where parking spaces are provided, the proposed EV amendments require:
 Single-family homes, duplexes, and townhouses must have at least one parking space equipped with a raceway, wiring, and power to support a future Level 2 EV charging station. In contrast, the model code requires only a raceway and panel space.
 Multifamily and Hotel/Motel buildings must have at least 20% of spaces as EV capable to support future Level 2 EV charging stations and at least 5% of spaces with EV charging stations installed. In contrast, the model code requires only 10% EV capable spaces and 5% EV charging stations for buildings with 20 dwelling units or greater.
 Nonresidential buildings must have at least 20% of spaces as EV capable to support future Level 2 EV charging stations and at least 10% of spaces with EV charging stations installed. In contrast, the model code requires 15% EV capable spaces and 5% EV charging stations.

Adoption of Berkeley Building Codes, including CONSENT CALENDAR Local Amendments to California Building Standards Code November 3, 2022

These proposed amendments further strengthen 2022 CALGreen requirements for EV charger installations which is supported by the Berkeley Electric Mobility Roadmap. EV charging infrastructure is a critical component to electric vehicle adoption, and it is significantly more expensive to install as a retrofit than during new construction.

Ensuring that newly constructed residential and nonresidential parking has EV charging capability will reduce the long-term costs of EV infrastructure installation, while helping to increase EV adoption, and ultimately help to decrease greenhouse gas emissions associated with transportation.

Berkeley’s Electric Mobility Roadmap emphasizes that being able to charge at home or at work location is critical for supporting EV ownership and that, increasingly, daytime charging at work or other nonresidential locations could be used to leverage surplus renewable energy. The Roadmap estimates that Berkeley will need about 380 workplace EV charging stations by 2025 to be on track for the Berkeley Climate Action Plan goal of reducing greenhouse gas emissions by 80% from 2000 levels by 2050. To get to zero net carbon in line with State goals by 2045, the goal increases to 610 workplace EV charging stations. Requiring EV charging station installation in new multifamily, nonresidential, and hotel/motel buildings, in concert with EV charging readiness requirements for residential and nonresidential developments, will substantially facilitate electric vehicle adoption in Berkeley.

Previous Local Amendments
Previous local amendments, with some revisions and updates in code language and code sections, that are recommended for continuance in the reenacted Berkeley Building Code (BMC Chapter 19.28) include:
 Article 1. Scope and Administrative Provisions – local amendments concerning permits, applications, fees, undocumented units, appeals, violations, unsafe buildings, and safety assessment placards.
 Article 2. Restrictions in Fire Zones – adding additional local requirements applicable to additions, alterations, repairs and re-roofs, and enacting fire protection areas not covered by the state-mandated areas.  Article 3. Wood Burning Appliances – local amendment reducing the health risks caused by wood smoke based upon Berkeley’s climatic conditions.  Article 4. Projection into Public Right of Way – an administrative amendment concerning revocation, removal and indemnification regarding construction in the Right of Way.
 Article 5. Existing Buildings – adopting 2022 California Existing Building Code and certain chapters of the 2021 International Existing Building Code to reduce the risk from earthquakes.
 Article 6. Repairs to Existing Buildings and Structures – establishing updated

Adoption of Berkeley Building Codes, including CONSENT CALENDAR Local Amendments to California Building Standards Code November 3, 2022

regulations for the repairs of damaged structures to comply with the Stafford Act, which authorizes the Federal Emergency Management Agency (FEMA) to fund the repair and restoration of eligible facilities damaged in a declared disaster and requires that the repair and restoration be "on the basis of the design of such facility as it existed immediately prior to the major disaster and in conformity with current applicable codes, specifications and standards.”  Article 7. Amendments to Structural Standards – addressing Berkeley’s close proximity to major earthquake faults. The Berkeley Building Official has participated in meetings of the Tri-chapter Uniform Code Committee (TUCC), which is part of the International Code Council East Bay Chapter. The TUCC recommended several structural amendments to the 2022 California Building and Residential Codes, which are included in the proposed local amendments for Berkeley.
 Article 8. Construction of Exterior Appurtenances – establishing more stringent construction standards for exterior elevated elements and continuing the amendments adopted in July 2015 following the balcony collapse at 2020 Kittredge Street.
 Article 9. Emergency Housing Appendix P (formally Appendix O) – establishing local amendments reflecting the particular characteristics and needs of Berkeley’s emergency shelter responses.

Previous local amendments, with some revisions and updates in code language and code sections, that are recommended for continuance in the reenacted Berkeley Residential Code (BMC Chapter 19.29) include:
 Adoption of the California Residential Code Appendices AR and AS for light straw-clay and strawbale construction in support of sustainable construction practices which reduce environmental impact and provide increased thermal efficiencies.
 Adoption of the California Residential Code Appendix AQ for tiny homes used as dwelling units, relaxing various code requirements as they apply to smaller homes in response to the California housing crisis.
 Section 19.29.050 Materials and Construction Methods for Exterior Wildlife Exposure – adding additional local requirements applicable to additions, alterations, repairs and re-roofs, and enacting fire protection areas not covered by the state-mandated areas.
 Section 19.29.060 Technical Amendments to Structural Standards – addressing Berkeley’s close proximity to major earthquake faults.

Previous local amendments, with some revisions in code language and code sections, that are recommended for continuance in the reenacted Berkeley Green Code (BMC Chapter 19.37) include:

Adoption of Berkeley Building Codes, including CONSENT CALENDAR Local Amendments to California Building Standards Code November 3, 2022

 Section 19.37.040 Construction and Demolition debris amendments to require that 100% asphalt, concrete, excavated soil and land-clearing debris be diverted from disposal by recycling, reuse, and salvage, in addition to the general 65% diversion requirement.
 Section 19.37.040 Low-carbon concrete requirement, which requires that cement used in concrete mix design be reduced by not less than 25 percent.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Adoption of the 2022 Berkeley Building Codes with local amendments is important to meeting Berkeley’s Climate Action Plan, Zero Waste, and Fossil Fuel Free Berkeley goals. The Berkeley Green Code, through expanded EV charging and low-carbon concrete requirements, limits the greenhouse gas emissions associated with transportation (currently about 60% of Berkeley’s total emissions) and the use of concrete, a common building product that is responsible for approximately 8% of global carbon emissions. In addition, the increased diversion requirements for construction and demolition materials keeps waste out of landfills. Continued implementation of the Energy Code and Natural Gas Prohibition, including the verification of compliance through the building permit and inspection process, results in new buildings operating on cleaner energy, which supports Berkeley’s Climate Action and Fossil Fuel Free City goals.

RATIONALE FOR RECOMMENDATION
Local codes must be adopted every three years or state codes go into effect without local amendments. Adoption of local amendments and findings are needed to adapt the state codes to Berkeley’s particular administrative, topographic, geologic and climatic conditions. The purpose of the non-administrative local amendments is to provide a higher level of safety than is reflected in the 2022 codes adopted by the State. The fire and seismic danger and other local conditions, as described in detail in the attached resolution of local conditions, justify the Berkeley code amendments that are stricter than the California Building Standards Code.

According to the California Building Standards Commission, the repeal of prior code is often overlooked by municipalities and is critically important to ensure that obsolete provisions are expressly repealed.

ALTERNATIVE ACTIONS CONSIDERED
Adopt the California Buildings Standards Code with fewer, or no, local amendments; or take no action, and let the state mandated codes take effect without local amendments specifically designed for Berkeley.

CONTACT PERSON
Alex Roshal, Chief Building Official, Manager of Building and Safety Division, Planning and Development Department, 510-981-7445

Adoption of Berkeley Building Codes, including CONSENT CALENDAR Local Amendments to California Building Standards Code November 3, 2022

David Lopez, Assistant Building Official, Building and Safety Division, Planning and Development Department, 510-981-7441
Kurt Hurley, Green Building Program Manager, Building and Safety Division, Planning and Development Department, 510-981-7501
Attachments:
1: Code Adoption Ordinance
2: Resolution Adopting Local Condition
3: Referral from the Disaster and Fire Safety Commission, adopted by Council 6/1/21

ORDINANCE NO. –N.S.

REPEALING AND REENACTING BERKELEY MUNICIPAL CODE CHAPTERS 19.28 (BERKELEY BUILDING CODE), 19.29 (BERKELEY RESIDENTIAL CODE), 19.30 (BERKELEY ELECTRICAL CODE), 19.32 (BERKELEY MECHANICAL CODE), 19.34 (BERKELEY PLUMBING CODE), 19.36 (BERKELEY ENERGY CODE), AND 19.37 (BERKELEY GREEN CODE)
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1. That Berkeley Municipal Code Chapter 19.28 is hereby repealed and reenacted to read as follows:

Chapter 19.28
BERKELEY BUILDING CODE*
Sections:

19.28.010 Adoption of the California Building Code
Article 1. Scope and Administrative Provisions

19.28.020 Adoption of Chapter 1 Scope and Administration Article 2. Restrictions in Fire Zones

19.28.030 Chapter 7A Materials and Construction Methods for Exterior Wildlife Exposure
Article 3. Wood Burning Appliances

19.28.040 Wood Burning Appliances
Article 4. Projection into Public Right of Way

19.28.050 Encroachment into the Public Right of Way - Revocation and Removal Indemnification and Hold Harmless
Article 5. Existing Buildings

19.28.060 Adoption of 2022 California Existing Building Code and certain Chapters of the 2021 International Existing Building Code by Reference
Article 6. Repairs to Existing Buildings and Structures

19.28.070 Adoption of Regulations for the Repairs of Existing Structures Article 7. Amendments to Structural Standards

19.28.080 Technical Amendments to Structural Standards
Article 8. Construction of Exterior Appurtenances

19.28.090 Technical Amendments for Construction of Exterior Projecting Elements and Appurtenances
Article 9. Emergency Housing

19.28.100 Emergency Housing and Emergency Housing Facilities Notes:
* See Chapter 1.24 for abatement of nuisances by City.

19.28.010 Adoption of the California Building Code.

A. The California Building Code, 2022 edition, as adopted in Title 24 Part 2 of the California Code of Regulations, including Appendices I, J and P, is hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto which are set forth in this Chapter. One copy of this Code is on file in the office of the City Clerk of the City of Berkeley.

B. The California Historical Building Code, 2022 edition, as adopted in Title 24 Part 8 of the California Code of Regulations, is hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto which are set forth in this Chapter. One copy of this Code is on file in the office of the City Clerk of the City of Berkeley.

C. The California Existing Building Code, 2022 edition, as adopted in Title 24 Part 10 of the California Code of Regulations, including Appendix A, is hereby adopted and made a part of this Chapter as though fully set forth herein, subject to the modifications thereto which are set forth in this Chapter. One copy of this Code is on file in the office of the City Clerk of the City of Berkeley.

D. This Chapter shall be known as the "Berkeley Building Code" and shall be referred to in this Chapter as "this Code."
E. This Chapter will become effective on January 1, 2023, and shall not apply to any building permit submitted by December 31, 2022.

Article 1. Scope and Administrative Provisions

19.28.020 Adoption of Chapter 1 Scope and Administration Chapter 1 of the 2022 California Building Code is adopted in its entirety subject to the modifications thereto which are set forth below.

CHAPTER 1 SCOPE AND ADMINISTRATION
SECTION 101 – GENERAL
101.1 Title. These regulations shall be known as the Berkeley Building Code, hereinafter referred to as “this Code”.
101.4 Referenced codes. The other codes specified in Sections 101.4.1 through 101.4.9, and referenced elsewhere in this Code, shall be considered part of the requirements of this Code to the extent prescribed in each such reference.

101.4.1 Gas. The provisions of the Berkeley Mechanical Code, based on the 2022 California Mechanical Code, and the Berkeley Plumbing Code, based on the 2022 California Plumbing Code, as amended herein, shall apply to the installation of gas piping from the point of delivery, gas appliances and related accessories as covered in this Code. These requirements apply to gas piping systems extending from the point of delivery to the inlet connections of appliances and the installation and operation of residential and commercial gas appliances and related accessories.
101.4.2 Mechanical. The provisions of the Berkeley Mechanical Code, based on the 2022 California Mechanical Code, as amended herein, shall apply to the installation, alterations, repairs and replacement of mechanical systems, including equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating, heating, cooling, air-conditioning and refrigeration systems, incinerators and other energy-related systems.
101.4.3 Plumbing. The provisions of the Berkeley Plumbing Code, based on the 2022 California Plumbing Code, as amended herein, shall apply to the installation, alteration, repair and replacement of plumbing systems, including equipment, appliances, fixtures, fittings and appurtenances, and where connected to a water or sewage system and all aspects of a medical gas system. The provisions of the Berkeley Plumbing Code shall apply to private sewage disposal systems. 101.4.4 Residential property maintenance. The provisions of the Berkeley Housing Code, as adopted in Chapter 19.40, shall apply to existing residential buildings and premises; equipment and facilities; light, ventilation, space heating, sanitation, life and fire safety hazards; responsibilities of owners, operators and occupants; and occupancy of existing premises and structures.

Notwithstanding any provisions contrary in this Chapter, any building or portion thereof constructed in compliance with the Berkeley Building Code shall not be deemed to be in violation of the Housing Code provisions that may conflict. 101.4.5 Fire prevention. The provisions of the Berkeley Fire Code based on the 2022 California Fire Code, as adopted in Chapter 19.48, shall apply to matters affecting or relating to structures, processes and premises from the hazard of fire and explosion arising from the storage, handling or use of structures, materials or devices; from conditions hazardous to life, property or public welfare in the occupancy of structures or premises; and from the construction, extension, repair, alteration or removal of fire suppression and alarm systems or fire hazards in the structure or on the premises from occupancy or operation. 101.4.6 Energy. The provisions of the Berkeley Energy Code, based on the 2022 California Energy Code, as amended herein, shall apply to all matters governing the design and construction of buildings for energy efficiency.

101.4.7 Existing buildings. The provisions of the Berkeley Existing Building Code, based on the 2022 California Existing Building Code, as amended herein, shall apply to matters governing the repair, alteration, change of occupancy, addition to and relocation of existing buildings.
101.4.8 Electrical. The provisions of the Berkeley Electrical Code, based on the 2022 California Electrical Code, as amended herein, shall apply to the installation of electrical systems, including alterations, repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto. 101.4.9 Green. The provisions of the Berkeley Green Code, based on the 2022California Green Building Standards Code, as amended herein, shall apply to enhanced design and construction of buildings through the use building concepts having a reduced negative impact or the positive environmental impact and encouraging sustainable construction practices.
101.5 References to prior codes. Unless superseded and expressly repealed, references in City forms, documents and regulations to the chapters and sections of former Berkeley Building Code editions, shall be construed to apply to the corresponding provisions contained within the 2022 Berkeley Building Code Ordinance No. X,XXX–N.S. and all ordinances amendatory thereof. Any ordinances or parts of ordinances in conflict herewith are hereby superseded and expressly repealed.

SECTION 103 – DIVISION OF BUILDING AND SAFETY
103.1 Creation of enforcement agency. The Division of Building and Safety is hereby created and the official in charge thereof shall be known as the building official. The function of the agency shall be the implementation, administration and enforcement of the provisions of this code.
103.2 Appointment. The building official shall be appointed by the City Manager. 103.3 Deputies. The building official shall have the authority to appoint an assistant building official, building inspectors, plans examiners, housing inspectors, other technical officers and employees. Such employees shall have powers as delegated by the building official.

SECTION 104 – DUTIES AND POWERS OF BUILDING OFFICIAL
104.7 Division records. The building official shall keep official records of applications received, permits and certificates issued, fees collected, reports of inspections, notices of violations, and notices and orders issued. Such records shall be retained in the official records for the period required for retention of public records.

Add a new Subsection 104.12 to read:

104.12 Unpermitted dwelling units. When a building permit record for a residential unit does not exist, the building official is authorized to make a determination of when the residential unit was constructed and then apply the building standards in effect when the residential unit was determined to be constructed or the current building standards, whichever is the least restrictive, provided the building or portion thereof does not become or continue to be a substandard or unsafe building. The Building Official is authorized to accept reasonable alternatives to the requirements of the prior or current code editions when dealing with unpermitted dwelling units.

SECTION 105 – PERMITS
105.3.2 Expiration of application. An application for a permit for any proposed work shall expire one year after the date of filing, unless it can be demonstrated by the applicant that such application has been pursued in good faith or a permit has been issued. The building official or the permit service center coordinator are authorized to grant one or more extensions of time for additional periods not exceeding a 180 days per extension.

The extension shall be requested in writing and justifiable cause demonstrated. Requests for time extensions shall be accompanied by the payment of a fee set by resolution of the City Council.

If a project is associated with a code enforcement case, the dates specified in the code enforcement notices take precedence over the timelines specified in this section. 105.5 Expiration of permit. Permits issued by the building official shall expire one year from the date of issuance. The building official or the supervising building inspector are authorized to grant one or more extensions of time to complete the work for additional periods not exceeding one year per extension. The extension shall be requested in writing and justifiable cause demonstrated. Requests for time extensions shall be accompanied by the payment of a fee set by resolution of the City Council.

The issuance of a building permit shall not excuse the permittee or any other person from compliance with any notice and/or order to correct a code violation issued by the City.

When a permit is expired and a new permit is required to complete the work, a new permit application and plans shall be filed describing the remaining work to be done. If a site visit or other review is required to determine the extent of the remaining work, a fee may be charged to make such determination.

SECTION 109 – FEES
109.1 Payment of fees. Except when fees are deferred, a permit shall not be valid until the fees as set forth by resolution of City Council have been paid, nor shall an amendment to a permit be released until the additional fee, if any, has been paid. 109.2 Schedule of permit fees. On buildings, structures, electrical, gas, mechanical, and plumbing systems or alterations requiring a permit, a fee for each permit shall be paid as

required, in accordance with the fee as set forth by resolution of the City Council. Fees for permits and inspections and other related services under this Code shall be assessed and paid as set forth by resolution of the City Council. Unless waived or deferred as provided by local regulations, a plan review fee and other fees as specified in the resolution shall be paid at the time of submitting any documents for review and additional fees as specified in the resolution shall be paid at issuance of the permit. 109.4 Work commencing before permit issuance. Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permit shall be subject to a fee as set forth by resolution of the City Council equal to and in addition to the permit fees for the portion of the scope of work performed without the permit.
109.7 Re-inspection fees. A re-inspection fee, as set forth by resolution of the City Council, may be assessed for each re-inspection when such portion of work for which an inspection is scheduled is not complete or when corrections previously called for are not made.

Re-inspection fees shall not be required each time a job is disapproved for failure to comply with the requirements of this Code. Rather this section shall be used to control the practice of calling for inspections before the job is ready for such inspection, or when the approved plans are not readily available to the inspector, or for failure to provide access on the date for which the inspection is requested, or when work deviates from the approved plans but no revision is submitted to the City.

To obtain a re-inspection, the applicant shall pay the re-inspection fee as set forth by resolution of the City Council. In instances where re-inspection fees have been assessed, no additional inspection of the work will be performed until the required fees have been paid.

SECTION 112 – SERVICE UTILITIES
112.4 Authority to connect utilities. Clearance for connection of one utility, either gas or electrical, will be withheld until final building, electrical, plumbing, and/or mechanical inspections are made and approval has been given for any new building or change in occupancy classification to an existing building for which connection to such utilities is sought, unless approval has been first obtained from the building official, as provided by a Temporary Certificate of Occupancy or Final Certificate of Occupancy. 112.5 Unsafe service utilities. Unsafe service utilities are hereby declared to be public nuisances and shall be abated, repaired, rehabilitated, demolished or removed in accordance with the procedures set forth in Chapter 19.40 of the Berkeley Municipal Code (BMC) for residential buildings and Berkeley Building Code for all other buildings, or any alternate procedure that may be adopted by the City of Berkeley. In addition, the City Attorney may pursue other appropriate action to prevent, restrain, correct or abate the violation as provided for in the BMC. Remedies under this section are cumulative. When

service utilities are maintained in violation of this Code and in violation of a notice issued pursuant to the provisions of this section, the building official shall institute appropriate action to prevent, restrain, correct or abate the violation. 112.6 Authority to disconnect utilities in emergencies. The building official or building official’s authorized representative shall have the authority to disconnect electrical power or other energy service supplied to the building, structure or building service equipment therein regulated by this Code in case of emergency where necessary to eliminate an immediate hazard to life or property. The building official or building official’s authorized representative shall, whenever possible, notify the serving utility, and the owner of the building, structure or electrical system or equipment and any building occupants of the decision to disconnect prior to taking such action and shall notify them, in writing, of the disconnection as soon as possible thereafter.

112.7 Authority to condemn electrical system and equipment. Whenever the building official determines that an electrical system or electrical equipment regulated by this Code is hazardous to life, health or property, the building official may order in writing that such electrical system or equipment either be removed or restored to a safe condition. The written notice shall fix a reasonable time limit for compliance with such order. Persons shall not use or maintain defective electrical systems or equipment after receiving such notice except as may be provided therein.

When equipment or an installation is to be disconnected, a written notice of such disconnection and the reasons therefore shall be given within 24-hours of the order to disconnect to the serving utility, the owner and occupants of the building, structure or premises.

When equipment or an installation is maintained in violation of this Code and in violation of a notice issued pursuant to the provisions of this section, the building official shall institute appropriate action to prevent, restrain, correct or abate the violation.

Unsafe electrical systems or equipment are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Chapter 19.40 of the BMC for residential buildings and Berkeley Building Code for all other buildings, or any alternate procedure that may be adopted by the City of Berkeley. In addition, the City Attorney may pursue other appropriate action to prevent, restrain, correct or abate the violation as provided for in the BMC. Remedies under this section are cumulative.
112.8 Connection after order to disconnect. Persons shall not make connections to a service utility system or equipment that has been disconnected or ordered to be disconnected by the building official, or the use of which has been ordered to be discontinued by the building official, until the building official authorizes the reconnection and use of the electrical system or equipment.

SECTION 113 – BOARD OF APPEALS

113.1 General. In order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the application and interpretation of this Code, there shall be and is hereby created a board of appeals consisting of the Housing Advisory Commission pursuant to Section 19.44.020 of the Berkeley Municipal Code. The building official may convene and consult with an advisory panel of qualified individuals. This advisory panel is intended to help the building official in formulating and making staff recommendations to the Housing Advisory Commission. The advisory panel may provide written and/or oral presentations to the Housing Advisory Commission as needed.
113.3 Qualifications. The board of appeals shall consist of members meeting the qualifications required for the Housing Advisory Commission. The advisory panel shall consist of individuals found by the building official to be qualified by experience and training in the specific area of the appeal who are not employees of the jurisdiction.

SECTION 114 – VIOLATIONS
114.4 Violation penalties. Any person who violates a provision of this Code or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive of the building official, or of a permit or certificate issued under the provisions of this Code, shall be subject to penalties as prescribed by law. Violations of this Code are misdemeanors, but may be cited or charged, at the election of the enforcing officer, building official, or City Attorney, as infractions, subject to an election by the defendant under Penal Code Subsection 17(d). Nothing in this Section shall prevent any other remedy afforded by law.

SECTION 116 - UNSAFE STRUCTURES AND EQUIPMENT
116.1 Conditions. Structures or existing equipment that are or hereafter become structurally unsafe, insanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or the public welfare, or that involve illegal or improper occupancy or inadequate maintenance shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section. A vacant structure that is not secured against entry shall be deemed unsafe.

All such unsafe buildings, equipment, structures or appendages are hereby declared to be public nuisances and shall be abated by repair, rehabilitation, demolition or removal in accordance with the procedures set forth in Chapters 1.24, 19.28, 19.40 and/or 19.44 of the BMC as applicable. As an alternative, the building official, or other employee or official of this jurisdiction as designated by the City Council, may institute any other appropriate action to prevent, restrain, correct or abate the violation. 116.6 Safety Assessment Placards.