Berkeley City Council
April 25, 2023

Tuesday, April 25, 2023 AGENDA Page 1

AGENDA

BERKELEY CITY COUNCIL MEETING
Tuesday, April 25, 2023
6:00 PM

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702

TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

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 – MARK HUMBERT

This meeting will be conducted in a hybrid model with both in- person attendance and virtual participation. For in- person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

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.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this UR L: https://cityofberkeley- info.zoomgov.com/j/1606229605. 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: Di al 1-669-254-5252 or 1-8 33-568-8864 (Toll Free) and enter Meeting ID: 160 622 9605. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Ple
ase be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating 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 and applicable Executive Orders as issued by the Governor that are currently in ef fect. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda. Meetings will adjourn at 11:00 p.m. - any items outstanding at that time will be carried over to a date/time to be specified.

Tuesday, April 25, 2023 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. Persons attending the meeting in-person and wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. 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 Council will vote on the items remaining on the Consent Calendar in one motion.

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

Tuesday, April 25, 2023 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. Lease Amendment: Cazadero Performing Arts Camp (CPAC), 5385 Cazadero Hwy, Cazadero, CA 95421
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,858-N.S. authorizing the City Manager to execute an amendment to a lease agreement with Cazadero Performing Arts Camp, at 5385 Cazadero Hwy, Cazadero, CA 95421, for City to disburse up to $400,000 to tenant to implement capital improvements to satisfy City’s obligations under the lease.

First Reading Vote: All Ayes.

Financial Implications: Measure T1 Fund - $400,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

2. Adopt Ordinance Adding Chapter 2.102 to the Berkeley Municipal Code to Establish a Labor Peace Policy Minimizing Labor/Management Conflict in Berkeley Marina Zone
From: Councilmember Harrison (Author), Mayor Arreguin (Co-Sponsor), Councilmember Taplin (Co-Sponsor), Councilmember Bartlett (Co-Sponsor) Recommendation: Adopt second reading of Ordinance No. 7,859-N.S. Adding Chapter 2.102 to the Berkeley Municipal Code (BMC) to Establish a Labor Peace Policy minimizing labor/management conflict in Berkeley Marina Zone.

First Reading Vote: All Ayes.

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

3. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on April 25, 2023
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: General Fund - $2,035,590
Contact: Henry Oyekanmi, Finance, (510) 981-7300

Consent Calendar
Tuesday, April 25, 2023 AGENDA Page 4

4. Grant Application: Funding from the Federal Emergency Management Agency (FEMA) to Hire Additional Firefighters
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from FEMA for up to $5,093,748 with no matching City funds to hire six additional firefighters to help the City meet the National Fire Protection Association (NFPA) 1710 Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments and to partially accomplish one of the recommendations from the City Gate, LLC Standards of Coverage and Community Risk Assessment.

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

5. Extension of the Alameda County Abandoned Vehicle Abatement Program From: City Manager
Recommendation: Adopt a Resolution approving the extension of the Alameda County Abandoned Vehicle Abatement Program through May 31, 2033, and directing the City Manager to take any actions necessary, including executing any resultant agreements, to extend this program and secure related funding.

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

6. Revenue Contract: Alameda County for Vector Program
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Alameda County for the Vector Program in the Environmental Health Division of the Health, Housing, and Community Services Department; to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $1,050,000 for FY2022 through FY2024 to be deposited in Fund 325 (Vector Control); and implement the projects and appropriation of funding for related expenses, subject to securing the grant.

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

Consent Calendar
Tuesday, April 25, 2023 AGENDA Page 5

7. Contracts: Freitas Landscaping and Pacific Site Management for On-Call Vegetation Management Services
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager or her designee to execute the following contracts and any amendments for on-call landscape vegetation management and removal in City-owned parks, pathways, and landscaped areas over a period of three years, with an option to extend the contract for two additional one-year terms, for a total amount not to exceed $1,200,000: 1.

Freitas Landscaping and Maintenance, for an amount not to exceed $600,000; and

2. Pacific Site Management, for an amount not to exceed $600,000.

Financial Implications: Various Funds - $1,200,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

8. Contracts: Redwood Engineering and OBS Engineering for As-Needed Irrigation Services
From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for irrigation repair and improvement services as-needed, for contract periods of May 15, 2023 to May 15, 2026: 1. Redwood Engineering Construction, for an amount not to exceed $100,000; and 2. OBS Engineering Incorporated, for an amount not to exceed $100,000.

Financial Implications: Various Funds - $200,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

9. Contract No. 32200178 Amendment: Mountain Valley Environmental Services for Chief Water Plant Operator Services for Berkeley Tuolumne Camp From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200178 with Mountain Valley Environmental Services for Chief Water Plant Operator Services for Berkeley Tuolumne Camp, increasing the amount by $120,000 for a total not-to-exceed contract amount of $169,900.

Financial Implications: Camps Fund - $120,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

10. Grant Application: Clean California Local Grant Program – Tom Bates Fields Beautification Project
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to submit a grant application in the amount of up to $5,000,000 to the Clean California Local Grant Program for the Tom Bates Fields Beautification Project; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

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

Consent Calendar
Tuesday, April 25, 2023 AGENDA Page 6

11. Contract No. 31900207 Amendment: Epic Recruiting for Recruiting, Advertising, and Marketing Strategy for the Berkeley Police Department (BPD) From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 31900207 with Epic Recruiting to provide additional recruiting and advertising services for the Berkeley Police Department, in the amount of $100,000 for a total contract amount not to exceed $410,000, and extending the term through April 30, 2024.

Financial Implications: BPD General Fund - $100,000
Contact: Jennifer Louis, Police, (510) 981-5900

12. Contract: GradeTech Inc. for Restroom in the Right of Way: Channing Way at Telegraph Ave Project
From: City Manager
Recommendation: Adopt a Resolution: 1. Approving plans and specifications for the Restroom in the Right of Way: Channing Way at Telegraph Ave Project (Project), Specification No. 23-11552-C; 2. Accepting the bid of GradeTech Inc. as the lowest responsive and responsible bidder; and 3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, for an amount not to exceed $262,666.

Financial Implications: Various Funds - $262,666
Contact: Liam Garland, Public Works, (510) 981-6300

13. Contract No. 112199-1 Amendment: Technology, Engineering and Construction, Inc., dba TEC Accutite, for Fuel Storage Tank Maintenance, Repairs, and Certification Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 112199-1 with Technology, Engineering, and Construction, Inc., dba TEC Accutite, for fuel storage tank maintenance, repairs, and certification services, increasing the contract by $164,000 for a total contract amount not to exceed $414,000 and extending the term through June 30, 2024.

Financial Implications: Various Funds - $164,000
Contact: Liam Garland, Public Works, (510) 981-6300

14. Contract No. 112725-1 Amendment: Du-All Safety, LLC for Safety and Training Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 112725-1 with Du-All Safety, LLC for continued safety training and consulting services, increasing the amount by $250,000 for a total contract amount not to exceed $650,000.

Financial Implications: Various Funds - $250,000
Contact: Liam Garland, Public Works, (510) 981-6300

Consent Calendar
Tuesday, April 25, 2023 AGENDA Page 7

15. Fiscal Year 2024 Street Lighting Assessments – Initiating Proceedings From: City Manager
Recommendation: Adopt two Resolutions describing proposed improvements to be used to determine the annual assessments levied for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District No. 2018, and order the preparation of Engineer’s Reports.

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

16. Purchase Order Amendment: Diesel Direct West, Inc. to Purchase Fuel for City Vehicles and Equipment
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to amend the multi-year purchase orders with Diesel Direct West, Inc. for the purchase of fuel for City vehicles and equipment, increasing the combined amount by $750,000 for a total amount not to exceed $11,494,000.

Financial Implications: Various Funds - $750,000
Contact: Liam Garland, Public Works, (510) 981-6300

17. Reject Bids for the MRP Trash Capture FY 2023 Project, Specification No. 23- 11556-C
From: City Manager
Recommendation: Adopt a Resolution rejecting all bids and authorizing the City Manager to re-advertise the work associated with the MRP Trash Capture FY 2023 Project, Specification No. 23-11556-C.

Financial Implications: Staff time
Contact: Liam Garland, Public Works, (510) 981-6300

Council Consent Items

18. Resolution to Support AB 441
From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution in support of Assembly Bill 441, introduced by Assembly Member Matt Haney, and send a copy of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, and Assembly Members Matt Haney and Buffy Wicks.

Financial Implications: Staff time
Contact: Jesse Arreguin, Mayor, (510) 981-7100

19. Budget Referral: Berkeley Marina J&K Parking Lot
From: Councilmember Taplin (Author)
Recommendation: Refer to the Fiscal Year 2024 budget process $1.5 million for design and implemention of the Marina’s J&K Parking Lot reconstruction.

Financial Implications: General Fund - $1,500,000
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

Consent Calendar
Tuesday, April 25, 2023 AGENDA Page 8

20. Budget Referral: Berkeley Waterfront Bike Park
From: Councilmember Taplin (Author), Councilmember Wengraf (Co-Sponsor) Recommendation: Refer to the Fiscal Year 2024 budget process $800,000 to design and implement the construction of a Berkeley Waterfront Bike Park Financial Implications: General Fund - $800,000
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

21. Budget Referral: Dreamland for Kids Playground Design From: Councilmember Taplin (Author)
Recommendation: Refer to the Fiscal Year 2024 budget process $300,000 for the conceptual design of the reconstruction of the Dreamland for Kids Playground at Aquatic Park.

Financial Implications: General Fund - $300,000
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

22. Budget Referral: Shorebird Park Playground Design
From: Councilmember Taplin (Author)
Recommendation: Refer to the Fiscal Year 2024 budget process $200,000 for the conceptual design of the reconstruction of the Shorebird Park Playground.

Financial Implications: General Fund - $200,000
Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120

23. Celebración Cultural Sylvia Mendez (Spring Cultural Celebration) by the Sylvia Mendez School PTA: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember Bartlett (Author)
Recommendation: Approve the expenditure of funds, including $1,000 from the discretionary council office budget of Vice Mayor Ben Bartlett, to the Sylvia Mendez Elementary School PTA to host a Spring Cultural Celebration event on April 30, 2023, in the courtyard on campus. The funds will be relinquished to the City’s General Fund from the discretionary council office budget of Vice Mayor Ben Bartlett and the discretionary council office budgets of any other City Councilmembers who would like to contribute.

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

24. Referral to the June 2023 Budget Process for $100,000 in Traffic Safety Upgrades for the MLK and Haste Intersection
From: Councilmember Harrison (Author)
Recommendation: Referral to the June 2023 Budget Process for $100,000 in traffic safety improvements at MLK and Haste.

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

Council Consent Items
Tuesday, April 25, 2023 AGENDA Page 9

25. Referring $372,000 to the June 2023 Budget Process for Staffing Costs Associated with Administering the Empty Homes Tax
From: Councilmember Harrison (Author)
Recommendation: Refer $372,000 to the June 2023 Budget Process for annual City staffing costs to administer the Empty Homes Tax: Accounting Office Specialist III (Finance) 0.25 FTE - $38,750; Associate Planner (Rent Stabilization Board) 1 FTE - $185,670; Office Specialist II (Rent Stabilization Board); 1 FTE - $115,000 Mailing Costs for Outreach and Noticing (Rent Stabilization Board) $10,000; 7.4% Overhead Costs for Counselors, General Counsel, and Office of Executive Director (Rent Stabilization Board) $22,250.

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

26. Letter in Support of AB 73 (Idaho Stop)
From: Councilmember Robinson (Author), Mayor Arreguin (Co-Sponsor) Recommendation: Send a letter to Assemblymember Tasha Boerner Horvath (cc:

Governor Gavin Newsom, Senator Nancy Skinner, Assemblymember Buffy Wicks) in support of AB 73, which would allow bicyclists 18 years of age and older to treat all- way stop signs as yield signs.

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

Action Calendar
The public may comment on each item listed on the agenda for action. 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 during one of the Action Calendar public comment periods on the item. Public comment will occur for each Action item (excluding public hearings, appeals, and/or quasi-judicial matters) in one of two comment periods, either 1) before the Action Calendar is discussed; or 2) when the item is taken up by the Council.

A member of the public may only speak at one of the two public comment periods for any single Action item.

The Presiding Officer will request that persons wishing to speak line up at the podium, or use the "raise hand" function in Zoom, 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 – Scheduled Public Comment Period
During this public comment period, the Presiding Officer will open and close a comment period for each Action item on this agenda (excluding any public hearings, appeals, and/or quasi -judicial matters). The public may speak on each item. Those who speak on an item during this comment per iod may not speak a second time when the item is taken up by Council.

Action Calendar – New Business
Tuesday, April 25, 2023 AGENDA Page 10

27. Proposition 218 Procedures and Five Year Zero Waste Rate Schedule From: City Manager
Recommendation: 1. Adopt a Resolution approving initiation of the Proposition 218 procedures for the proposed Zero Waste Fund Five Year Rate Schedule and adding Zero Waste customers to the City’s Very Low Income Refund program; and

2. Adopt first reading of an Ordinance amending Berkeley Municipal Code Section

12.38.090 to clarify that General Funds may be used to subsidize low income residents.

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

Council Action Items

28. Project Manager/Coordinator for potential Alta Bates Hospital Closure From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Direct the City Manager to enter into a contract with CONCUR in an amount of $35,000 to support a Project Manager/Coordinator for the purpose of creating a strategic plan to engage Sutter Health, healthcare expertise and regional communities to alleviate the health impacts as identified in the Health Impact Analysis (HIA), completed by the Institute of Urban and Regional Development, University of California Berkeley in December 2018, by the proposed closure of Alta Bates Hospital. The contract term will be for four (4) months and will be funded from the Mayor’s Office Personnel Budget.

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

Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit 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.

Comm
unications 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

Tuesday, April 25, 2023 AGENDA Page 11
the public record, please do not include that information in your communication. Please contact the City Clerk Department for further information.

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

https://berkeleyca.gov/.

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 M ilvia 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, Tarea Hall Pittman South Branch – 1901 Russell

COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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.

Attendees at public meetings are reminded that other attendees may be sensitive to var ious scents, whether natural or manufactured, in products and materials. Please help the City respect these needs.

Captioning services are provided at the meeting, on B- TV, and on the Internet. In addition, assisted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 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 April 13, 2023.

Mark Numainville, City Clerk

Tuesday, April 25, 2023 AGENDA Page 12
Communications – April 25, 2023
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.

Item #20: Budget Referral: Berkeley Waterfront Bike Park

1. Dan Leaverton (2)

2. Andrew Graham

2190 Shattuck

3. 20 similarly-worded from letters

4. Eric Johnson

5. Stephanie Beechem

6. John Minot, on behalf of East Bay for Everyone

7. Claude Fischer

8. Erika Shore

9. Inger Acking

Potholes in Berkeley

10. Franziska Raedeker

Homelessness

11. Thom Lauret (2)

Keep Innovation in Berkeley

12. Christine Shirilla, on behalf of Biocom California

Bus Rapid Transit on University

13. John Caner, on behalf of Downtown Berkeley

Hybrid Meetings for the Disabled and Seniors

14. Katharine Bierce

UA Theater

15. Andrea Yankowski

16. Jeffrey Matucha

FireSafe Council

17. Henry DeNero

18. David Sprague, Interim Fire Chief

Paris Bans e-Scooter Rentals

19. Bryce Nesbitt

Support West Berkeley Youth and Seniors in Budget Revision

20. Kieryn Darkwater

Tuesday, April 25, 2023 AGENDA Page 13
No Mail Delivery

21. Dorothea Dorenz

People’s Park

22. Michael Fullerton

Support Wellness and Civility

23. Meg Holm

Dangerous Trees on Public Property

24. David Lerman (2)

South Berkeley 2023 Dilemma

25. Carolyn Moore

BPD Monthly Newsletter – March 2023

26. Dee Williams-Ridley, City Manager

Berkeley Police: Notice of Fatality, Significant or Unusual Incident

27. Dee Williams-Ridley, City Manager (3)

Credit Card Surcharge for Paying Trash Pickup Online

28. Bob Kelson

Rampant Crime in Berkeley

29. Saji Kuman

30. Yolanda Yturralde

31. Shana Fruman

Elected Officials Compensation

32. Eric Swidler

33. Ally Almendarez, on behalf of City of Alameda

Tenants Opportunity to Purchase Act (TOPA)

34. Diana Bohn

35. Hanne Williams-Raron

36. Maria Gerdyman

Harriett Tubman Terrace Apartments

37. Darinxoso Oyamasela

38. Casandra Palanza

Time and Meeting Management Ideas

39. Barbara Gilbert

Tuesday, April 25, 2023 AGENDA Page 14
Parking Enforcement for Bus Stops

40. Kristin Stangl

Women’s Center

41. Mee345@

2580 Bancroft Way #210

42. Leah Naomi Gonzales

Bay Area Book Festival Leadership Transition

43. Cherilyn Parson

Gongju, Sister City – Dog Meat Capital of South Korea

44. 33 similarly-worded form letters

URL’s Only

45. Vivian Warkentin (2)

46. Brian Donahue
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. 7,858-N.S. Page 1 of 1
ORDINANCE NO. 7,858-N.S.

LEASE AMENDMENT TO CAZADERO PERFORMING ARTS CAMP FOR THE PROPERTY AT 5385 CAZADERO HWY, CAZADERO, CA 95421
BE IT ORDAINED by the Council of the City of Berkeley as follows:

Section 1.

The City Manager or designee is hereby authorized to execute an amendment to a lease agreement, with Cazadero Performing Arts Camp, for the property at 5385 Cazadero Hwy, Cazadero, CA 95421. Such lease amendment shall be on substantially the same terms as set forth in Exhibit A.

Section 2.

On December 15, 2020, Council adopted the final list of projects for implementation in Phase 2 of the Measure T1 Infrastructure Bond Program. The main provisions of this amendment to authorized the disbursement of Measure T1 Funds, up to $400,000 to Cazadero Performing Arts Camp for implementation of projects list in Phase 2. This amendment provides funds for Cazadero Performing Arts Camp to manage and complete the City’s required improvements.

Section 3.

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

At a regular meeting of the Council of the City of Berkeley held on April 11, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

Exhibit A: Lease Amendment

AMENDMENT TO LEASE AGREEMENT

This lease amendment (“Amendment”) is made as of ____ May 2023 between the CITY OF BERKELEY (“Landlord”) and Cazadero Performing Arts Camp (“Tenant”), who agree as follows:

This Amendment is made with reference to the following facts and objectives, to which Landlord and Tenant respectively acknowledge and agree:

A. Landlord and Tenant entered into a Lease Agreement effective March 1, 2021 (“Lease”) to use and manage the Landlord’s property located at 5385 Cazadero Hwy, Cazadero, CA 95421 (“Cazadero Camp”), as set forth in the Lease. A copy of the Lease is attached hereto as Exhibit A.

B. The Initial Term of the Lease expires on December 31, 2045, subject to a 10-year option to renew.

C. The Lease provides for specified Capital Improvements and Repairs at Cazadero Camp.

1. Tenant is required to complete property improvements as set forth in Table 1 of the Lease during the first 10 years of the Term. The cost of such Tenant property improvements is estimated at $815,843.

2. Landlord agreed to make its best efforts to complete property improvements as set forth in Table 2 of the Lease and further agreed that inability to fund such property improvements on or before February 28, 2026 would entitle Tenant to a rent reduction for the period from March 1, 2026 through February 28, 2031. The cost of such Landlord property improvements is estimated at $404,710.

D. On December 15, 2020, Landlord’s City Council adopted the final list of projects for implementation in Phase 2 of the Measure T1 Infrastructure Bond Program; the project list includes dining hall and ADA improvements at Cazadero Camp with a budget allocated of $400,000 (“Cazadero Camp T1 Funds”).

E. Landlord and Tenant agree that the most cost-effective and timely way to complete the Cazadero Camp dining hall and ADA improvements is for Tenant to implement those improvements subject to approval and oversight by Landlord.

Therefore, Landlord and Tenant agree to amend the Lease as follows:

1. Section 3. “Capital Improvements and Repairs”, subsection c., of the Lease is deleted in its entirety and replaced by the following:
c. Landlord will disburse Cazadero Camp T1 Funds in an amount not to exceed $400,000 to Tenant, and Tenant shall use such funds to manage and complete the property improvements set forth in Table 2. Landlord and Tenant agree that such disbursement of the Cazadero Camp T1 Funds satisfies Landlord’s obligations towards capital improvements under the Lease.

The Cazadero Camp T1 Funds will be disbursed according to the following schedule:
 Tenant will develop project scopes and budgets to complete the property improvements set forth in Table 2 and submit it to Landlord for review.  Upon Landlord’s approval of each project scope and budget, the lesser of 75% of the estimated project costs or $300,000 will be advanced.  Tenant will submit to Landlord all permits, invoices, and payment receipts.  The lesser of any remaining project costs actually incurred or $100,000 will be paid to Tenant upon completion each project, subject to Landlord’s inspection and approval.

Tenant expressly acknowledges and agrees that all work must be completed in time for Landlord to disburse payments by December 31, 2025. Tenant further expressly acknowledges and agrees that total payments will not exceed $400,000. Notwithstanding the foregoing, if any of the capital improvements set forth in Table 2 cannot be completed solely with the Cazadero Camp T1 Funds, Landlord and Tenant shall meet and negotiate in good faith to identify the best strategy for completing the work.

IN WITNESSS WHEREOF, City and Lessee have executed this Amendment as of the date written on the first paragraph above.

CITY OF BERKELEY
By:

__________________________ ________________________________ City Manager City Attorney

REGISTERED BY:

__________________________ ________________________________ City Auditor Deputy City Clerk

LESSEE:

________________________________

BY:

Title:

_________________________________
City of Berkeley Business License No.

Ordinance No. 7,859-N.S. Page 1 of 7
ORDINANCE NO. 7,859–N.S.

ADDING CHAPTER 2.102 TO THE BERKELEY MUNICIPAL CODE TO ESTABLISH

A LABOR PEACE POLICY MINIMIZING LABOR/MANAGEMENT CONFLICT IN

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

Section 1. That Chapter 2.102 of the Berkeley Municipal Code is added to read as follows:

Chapter 2.102

LABOR PEACE POLICY - MINIMIZING LABOR-MANAGEMENT CONFLICT IN

BERKELEY MARINA ZONE
Sections:

2.102.010 Findings and Purpose.

2.102.020 Definitions.

2.102.030 City of Berkeley—Labor Peace Policy

2.102.040 Procedures to Minimize Disruption Caused by Labor/Management Conflict.

2.102.050 Applicability and Exemptions.

2.102.060 Prospective Effect.

2.102.070 Preemption.

2.102.080 Severability.

Ordinance No. 7,859-N.S. Page 2 of 7

2.102.010 Findings and Purpose.

The Council of the City of Berkeley finds and declares as follows:

A. Berkeley is a world-class tourist destination, welcoming more than a million visitors annually. The City of Berkeley holds in trust pursuant to the Public Trust Tidelands grant from the State of California property along and near the City’s waterfront known as the Berkeley Marina Zone, a major tourist hub and destination. The City leases its real property along and near the Marina Zone facilities to Hospitality Operation companies, and in so doing faces the same risks and liabilities as private businesses participating in management of similar facilities. As a result, the City has an ongoing Proprietary Interest in the management and use of that Marina real property and harbor facilities and must make prudent business decisions, as would any private business, to ensure efficient and cost-effective management of its business concerns, and to maximize benefit and minimize risk.

B. This Chapter is intended to maximize the returns and minimize the risk to the City’s Proprietary Interest resulting from possible conflict between Employers leasing, and operating Hospitality Operations on City property, and Labor Organizations, arising out of union organizing campaigns, labor negotiations, and disruption that may be caused by such conflict. Experience of public entities and private employers demonstrates that union organizing drives and union efforts to secure representation rights and an initial collective bargaining agreement can deteriorate into protracted and acrimonious conflict. Such conflict threatens the City’s Proprietary Interest when private employers enter into leases to use City property, and labor conflict could jeopardize base rent payments or rent payments calculated on a percentage of sales. That threat is most acute during the period when a Labor Organization (1) seeks to gain recognition as the collective bargaining representative for Employees and (2) if recognized, seeks a First Contract with the Employer.

C. The sole purpose of this Chapter is to protect the City’s Proprietary Interest in the Hospitality Operation Leases. This Chapter does not favor any particular procedure for determining employee preference, or lack of preference, regarding Labor Organization representation, or the outcome of any such procedure; skew such procedures to favor or hinder any party; interfere with the negotiation, terms, or scope of a First Contract, if applicable; or express or implement any generally applicable policy regarding private sector labor/management relations, or regulate those relations in any way.

2.102.020 Definitions.
“Demand for Recognition Period” means the period during which the Labor Organization seeks recognition as the collective bargaining representative of the Employees. “Economic Action” means concerted action initiated or conducted by a Labor Organization, or Employees acting in concert with a Labor Organization, at the Employees’ worksite, to bring economic pressure to bear on an Employer, as part of a campaign to organize Employees or prospective Employees of that Employer, or in attempting to secure a First Contract, if applicable. “Economic Action” includes such activities as striking, picketing, or boycotting. “Economic Action” does not include a lawsuit to enforce this Chapter.

Ordinance No. 7,859-N.S. Page 3 of 7
“Employee” means anyone performing work for an Employer for compensation relating to Hospitality Operations on a full-time, part-time, seasonal, or temporary basis, including those made available to work for the Employer through a temporary service, staffing agency, or similar agency.
“Employer” means any person or entity, including a subcontractor, with Employees engaged in Hospitality Operations.
“Hospitality Operations Lease” means a lease, sublease, license, sublicense, or other means of granting the right to a Hospitality Operation to use Marina Zone property, in which the City receives rent, a flat fee, or a charge. An “Hospitality Operations Lease” must be for a term of at least 12 months.
“Hospitality Operation” shall mean any hotel or motel operation, conference center, restaurant, bar, or other food and beverage service operation meeting the criteria specified in Section 2.102.050.
“Hospitality Operations” means any work done by Employees at or relating to a Hospitality Operation under a Hospitality Operation Lease. “First Contract” means the first enforceable contract entered into between an Employer and a Labor Organization setting one or more terms or conditions of employment. “First Contract Period” means, if a Labor Organization is recognized as the collective bargaining representative of Employees, the period between such recognition and execution of a First Contract.
“Labor Organization” means any organization of any kind, or any agency or employee representation committee, in which Employees participate and which exists for the purpose, in whole or part, of dealing with Employers concerning grievances, labor disputes, wages, rates of pay, hours of employment, or other terms and conditions of employment.
“Labor Peace Agreement” shall mean a binding and enforceable agreement with any Employer and a Labor Organization that represents or seeks to represent Hospitality Operations workers, as described more fully in Section 2.102.040. “Marina Zone” shall mean all land held in trust by the City of Berkeley pursuant to the Public Trust Tidelands grant from the State of California to the City of Berkeley, Stats. 1962, Ch. 55; specifically, Aquatic Park and all land, including submerged land, which is west of Marina Boulevard as it is presently constructed and as if it were extended, in both northerly and southerly directions, to the Berkeley city limits and all land north of Spinnaker Way as it is presently constructed and as if it were extended to the shoreline, to the east, and to the Berkeley city limits, to the west. “Proprietary Interest” means any nonregulatory arrangement or circumstance in which the City has a financial or other nonregulatory interest including any of the following:
(1) through a lease of real property that is owned by the City and used for the Hospitality Operation, the City receives ongoing revenue, excluding government fees, tax revenue, or assessment revenue, or similar fees and revenues, except for tax revenue under the circumstances specified in paragraphs (2) and (3) of this subsection; (2) the City receives ongoing revenue from the Hospitality Operation to repay loans provided by the City to assist in the development or operation of the project; (3) the City receives ongoing revenue from the Hospitality Operation to pay debt service on bonds provided by the City to assist in the development of the project;

Ordinance No. 7,859-N.S. Page 4 of 7
(4) the City has assets at risk because it has agreed to underwrite or guarantee the development of the hospitality operation or loans related to the hospitality operation; or (5) the City has an ongoing economic and non-regulatory interest at risk in the financial success of a Hospitality Operation which is likely to be adversely affected by labor- management conflict, except that no interest shall be considered economic and non- regulatory if it arises from the exercise of regulatory or police powers such as taxation (except as set forth in paragraphs (2) and (3) of this subsection), zoning, or the issuance of permits or licenses.
“Parties” means an Employer and Labor Organization that has requested to be, or has been, recognized as the collective bargaining representative of Employees. “Pre-existing Lease” means any Hospitality Operation Lease entered into before the effective date of this Chapter.
“Subcontract” means any agreement between the authorized tenant, licensee, or other user under a Hospitality Operation Lease and another person or entity that contemplates or permits that other person or entity to operate or manage all or a portion of the Hospitality Operations.
“Subcontractor” means the person or entity that operates or manages all or a portion of Hospitality Operations under a Subcontract.
“Substantial Amendment” means an amendment to, or the City’s discretionary renewal or extension of:
(1) A lease of Marina Zone property entered into before the effective date of this Chapter that did not include Hospitality Operations but is expanded to include Hospitality Operations; or
(2) A Pre-existing Lease that provides for, or permits, any of the following:
(i) A new term that extends the duration of the lease beyond that provided in the Pre-existing Lease;
(ii) The right to construct improvements to support or serve Hospitality Operations, if not previously allowed under the Pre-existing Lease;
(iii) Rent credits or potential rent credits to a Marina Zone Hospitality Operation tenant that may be applied against 25% or more of the fixed rent under the Pre-existing Lease during the period in which the rent credits may be used; or (iv) Rent credits or potential rent credits to a Marina Zone Hospitality Operation tenant that may be applied against 50% or more of the remaining percentage or participation rent (not including any portion of the rent), if any, under the Pre-existing Lease during the period in which the rent credits may be used.

2.102.030 City of Berkeley—Labor Peace Policy
A. The City shall not execute Hospitality Operations Lease or Substantial Amendment providing for the use, development, or operation of a Hospitality Operation within the Marina Zone in which the City has a proprietary interest, unless and until the project applicant, developer, or owner, and any operator or manager of the Hospitality Operation has provided evidence that it has entered into a Labor Peace Agreement covering the Hospitality Operations as specified pursuant to Section 2.102.040.

B. Each such Hospitality Operations Lease or other contract or agreement shall further require that any future Subcontractor, tenant, sub-lessee, or manager that operates the Hospitality Operation shall be required to enter into a Labor Peace Agreement as

Ordinance No. 7,859-N.S. Page 5 of 7
specified under Section 2.102.040.

C. The City shall make these requirements express components of any request for proposal, request for qualifications, or other similar solicitation for a Hospitality Operation projects.

2.102.040 Procedures to Minimize Disruption Caused by Labor/Management Conflict.

A. An Employer who receives a written request by a Labor Organization to enter into a Labor Peace Agreement shall:
(1) Inform the City Manager, within five business days of receiving the request, that a Labor Organization seeking to represent its Employees has requested the Employer to enter into a Labor Peace Agreement required by this Chapter; (2) Enter into a Labor Peace Agreement, with the Labor Organization as to the Employees it seeks to represent, containing the following provisions:
(i) The Labor Organization, on behalf of itself and its members, in exchange for good and valuable consideration agrees not to engage in Economic Action against the Employer during the Demand for Recognition Period, and should the Labor Organization be recognized, the First Contract Period;
(3) Upon the City Manager’s request, promptly provide to the City Manager a report attesting to the status of the Employer’s compliance with the requirements of this Section 2.102.040, including a statement by any Labor Organization that has requested that the Employer enter into a Labor Peace Agreement certifying the accuracy of the Employer’s report; and
(4) Include as a material term in any Subcontract a provision requiring the Subcontractor(s) to comply with this Chapter. This provision shall be a material and mandatory term of such Subcontract, and shall state: “Berkeley Municipal Code Chapter 2, commencing at Section 2.102.040, which applies to [Subcontractor], incorporated herein by reference. To the extent [Subcontractor] employs Employees in Hospitality Operations within the scope of Berkeley Municipal Code 2.102.040, [Subcontractor] hereby agrees as a material condition of this subcontract to enter into and abide by a Labor Peace Agreement with a Labor Organization or Organizations that represents, or seeks to represent, [Subcontractor’s] Employees, if and as required by Chapter 2, and to otherwise fully comply with the requirements of that Chapter.” B. In the event that an Employer is unable to agree to terms of a Labor Peace Agreement with a Labor Organization within thirty (30) days of a written request by a labor Organization for a Labor Peace Agreement, the Employer may file a request with the Berkeley City Council to be excused from such obligations with respect to that Labor Organization. A public hearing shall be held by the City Council on the Employer’s request for hearing. Notice of the public hearing shall be sent at least ten days before the public hearing date to the requesting Employer and the subject Labor Organization.

The hearing shall be conducted in the same manner as public hearings for land use, zoning, landmarks, and public nuisance matters. The Council may approve a request by the Employer to be relieved of and excused from its obligations under this Section

2.102.040(A) with respect to the subject Labor Organization if the Council finds, after holding the noticed hearing, that forcing the Employer to adhere to the requirements of this Section 2.102.040(A) would be detrimental to the City’s Proprietary Interests

Ordinance No. 7,859-N.S. Page 6 of 7
because: a. the Employer has attempted in good faith to reach a Labor Peace Agreement with the subject Labor Organization, and b. the Labor Organization has (i) refused to negotiate in good faith to reach a Labor Peace Agreement or (ii) placed condition(s) on Labor Peace Agreement that are arbitrary and capricious, in light of practices at other, similar venues that are subject to governmental labor peace requirements.

C. The City Manager shall include in every Hospitality Operation Lease a provision requiring the tenant, and any Employers operating under the Hospitality Operation Lease, to comply with the requirements of this Chapter and all other applicable laws.

2.102.050 Applicability and Exemptions.

A. This Chapter shall not apply to any Employer that does not employ employees in a Hospitality Operation. The City Manager shall determine the applicability of an exemption under this subsection A. on a case-by-case basis. Any Employer claiming an exemption must submit a written request, including the evidentiary basis for the exemption, to the City Manager within five business days of receiving a request to enter into a Labor Peace Agreement. The Employer shall have the burden of proving that an exemption is applicable.

B. This Chapter shall not apply to an Employer if:
(1) The City has no Proprietary Interest in the Hospitality Operation Lease under which the Employer operates a Hospitality Operation; or
(2) The total floor area of the Hospitality Operation is less than 2,500 square feet; or (3) The Employer operates under a Pre-existing Lease. This exemption applies to an Employer for the duration of such Pre-existing Lease unless the Pre-Existing Lease is subject to a Substantial Amendment after the effective date of this Ordinance; or (4) The Employer is a signatory to valid and binding collective bargaining agreement(s) covering all of its Employees at the Marina Zone property; or (5) The Employer is a governmental agency, and the law would prohibit application of this Chapter.

C. Nothing in this Ordinance shall require or compel an employee to be a member of any labor organization, nor shall it require the developer, operator or any tenant, subcontractor, or sub-tenant of a Hospitality Operation to recognize a labor organization as the bargaining representative for its employees or to enter into a collective bargaining agreement with any labor organization.

2.102.060 Prospective Effect.

This Chapter is intended to have prospective effect only. This Chapter shall be interpreted to avoid violating any laws that prevent the City from impairing obligations under any Pre-existing Lease.

2.102.070 Preemption.

Nothing in this Chapter shall be interpreted or applied so as to create any right, power, or duty in conflict with any Federal or State law.

2.102.080 Severability.

Ordinance No. 7,859-N.S. Page 7 of 7
If any word, phrase, sentence, part, section, subsection, or other portion of this Chapter, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Chapter, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The City Council hereby declares that it would have passed this title, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional.

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 April 11, 2023, this Ordinance was passed to print and ordered published by posting by the following vote:

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

Noes: None.

Absent: None.

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
April 25, 2023
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 April 25, 2023

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 are $2,035,590.

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and PROJECT Fund Source Amount
Healthy Berkeley
Community-Based
Organizations 2-Year
Funding for FY24 and FY25.
011 General Fund $2,035,590
Total: $2,035,590

Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council April 25, 2023 Approval on April 25, 2023
upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

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

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

RATIONALE FOR RECOMMENDATION
Need for the services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Darryl Sweet, General Services Manager, Finance, 510-981-7329 Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on April 25, 2023
a. Healthy Berkeley Community-Based Organizations 2-Year Funding for FY24 and FY25.

Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

NEXT 30 DAYS
DATE SUBMITTED: April 25, 2023
Attachment 1

SPECIFICATION
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
23-11583-C Healthy
Berkeley
Community-
Based
Organizations 2-
Year Funding
for FY24 and
FY25.
4/26/2023 6/1/2023 Two-year grant opportunity
to fund programs to reduce
the consumption of SSBs
and to address the effects
of SSB consumption.
$2,035,590 011-51-507-507-0000-
000-459-636110
Project Code:

HHHSSB2401-

NONPERSONN-

CONTRACTS-

CMMNTYAGY
HHCS/
Public
Health
Janice Chin, PH
Division Manager
981-5121
JoAnn
Evangelista, Sr.

HSPS
981-7710
DEPT. TOTAL $2,035,590
TOTAL $2,035,590
1 of 1

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 Office of the City Manager

CONSENT CALENDAR
April 25, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Interim Chief, Fire Department Subject: Grant Application: Funding from the Federal Emergency Management Agency (FEMA) to hire additional firefighters to meet NFPA 1710 standards and recommendations from the City Gate, LLC Standards of Coverage and Community Risk Assessment

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to apply for and accept a grant, and any amendments, from the Federal Emergency Management Agency (FEMA) for up to $5,093,748 with no matching City funds to hire six additional firefighters to help the City meet the National Fire Protection Association (NFPA) 1710 Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments and to partially accomplish one of the recommendations from the City Gate, LLC Standards of Coverage and Community Risk Assessment.

FISCAL IMPACTS OF RECOMMENDATION
There are no matching funds required for this grant award.

CURRENT SITUATION AND ITS EFFECTS
A grant award will provide funding for the City to hire an additional six firefighters and increase the staffing of two engine companies from three to four firefighters for the three years of the grant performance period.

The Berkeley Fire Department (Department) is not meeting nationally recognized standards that outline how many firefighters should arrive at an incident within a designated time following a 9-1-1 call. The Department’s model for providing service has not kept pace with the increased calls for service and the City’s substantial infill and growth. Efforts to make incremental changes to Department staffing and deployment over the past 40 years were not sufficient and the organization is now faced with a large gap between the existing community risk and Department capacity. The City contracted with Citygate Associates, LLC to complete a Standards of Cover and Community Risk Assessment study (SOC) to better understand this gap. Citygate offered several recommendations to bring the Department into alignment with the City's current and future service needs including a recommendation to up-staff six of nine fire companies from three to four firefighters.

Grant Application: Funding from the Federal Emergency Management Agency (FEMA) to expand a NFPA 1582/1583 compliant employee Wellness, Fitness and Human Performance Program

CONSENT CALENDAR
April 25, 2023

Studies performed by the International Association of Fire Fighters (IAFF) demonstrate that four-person firefighting crews are more efficient than three-person crews. A fire engine staffed with four people completed the same number of fireground tasks 5.1 minutes faster than the three-person crew. The four-person crews were able to complete necessary fireground tasks on a residential structure fire nearly 25% faster than the three-person crews.

The importance of shaving even seconds off the time it takes to assemble and complete firefighting and search and rescue of trapped occupants of a fire becomes clear when evaluating the data from the Underwriter Laboratory’s (UL) Firefighter Safety Research Institute (FSRI) study “New Comparison of Natural and Synthetic Home Furnishings” which demonstrates that modern fires develop faster than legacy fires, leaving occupants under 5 minutes post ignition to escape vs over 30 minutes before.

Similarly, in emergency medical incidents, there are a significant number of actions that need to occur simultaneously and expeditiously in order to provide residents with the best chance of survival. The Department runs just over 16,000 incidents per year. Of those, approximately 700 patients were classified in a category where the time it takes responders to arrive on the scene, the swiftness with which that crew initiated critical medical interventions, or speed with which the patient is transported to the emergency department has a direct impact to outcome and survival.

The increased staffing this grant will provide in key areas of the City will decrease the amount of time it takes to assemble the necessary number of responders on the scene of an incident and reduce the amount of time it takes personnel to begin and complete critical interventions to mitigate the emergency.

BACKGROUND
Over the past 30 years, the Department contracted in size from 10 stations to 7; from 180 firefighters to 130; and from four firefighters to three per fire engine or ladder truck. During the same 30 years, call volume has increased from 6,500 to over 16,000 incidents per year.

The SOC states that Berkeley is undergoing an intensification of land uses and populations, making the city configuration more typical of the largest metropolitan cities.

The Department must grow from a suburban agency to that of a major urban fire department in staffing, unit types, and facility locations. The SOC describes that population, density, and traffic congestion impacts the Department’s ability to deliver the appropriate number of responders to an emergency scene within nationally recognized arrival times.

The City has responded to a regional affordable housing shortage by revising zoning standards and increasing the number of mid-rise and high-rise buildings. While Berkeley has a relatively small land area of 10.43 square miles, it has developed a metro risk profile

Grant Application: Funding from the Federal Emergency Management Agency (FEMA) to expand a NFPA 1582/1583 compliant employee Wellness, Fitness and Human Performance Program

CONSENT CALENDAR
April 25, 2023

based on density, development, and congestion. Berkeley is already the second most dense city (behind only San Francisco) in the top 51 most populated cities in California.

The projected growth over the coming years coupled with proposed traffic calming projects will only increase density, congestion and the time it takes fire apparatus to travel to an incident and then if necessary to the emergency department.

ENVIRONMENTAL SUSTAINABILITY
There are no environmental impacts from this grant.

RATIONALE FOR RECOMMENDATION
The Department is responsible for evaluating the risk profile of the community to ensure it is operationally prepared to mitigate the types of incidents in ways that meet or exceed national recommendations, industry best practices, and community expectations.

ALTERNATIVE ACTIONS CONSIDERED
Submitting a budget request for six additional firefighters in the FY24 budget process.

CONTACT PERSON
David Sprague, Interim Fire Chief, 510-981-3473
Attachments:
1: Resolution

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

GRANT APPLICATION: FUNDING FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) TO HIRE ADDITIONAL FIREFIGHTERS TO MEET NFPA 1710

STANDARDS AND RECOMMENDATIONS FROM THE CITY GATE, LLC STANDARDS

OF COVERAGE AND COMMUNITY RISK ASSESSMENT
WHEREAS, over the past 40 years, the Berkeley Fire Department (Department) contracted in size from 10 stations to 7, 180 firefighters to 130 and from four firefighters to three per fire engine or ladder truck; and
WHEREAS, during the same 40 years, call volume has increased from 6,500 to over 16,000 incidents per year; and
WHEREAS, subsequently the Departments model for providing service has not kept pace with the increased calls for service and the City’s substantial infill and growth specifically with regard to capacity to meet nationally recognized standards that outline total response time and how quickly an appropriate number of firefighters should be assembled at an incident within a designated period of time following a 9-1-1 call; and WHEREAS, the City contracted with Citygate Associates, LLC to complete a Standards of Cover and Community Risk Assessment study (SOC) to better understand this gap; and WHEREAS, Citygate offered several recommendations to bring the Department into alignment with the City's current and future service needs including a recommendation to up-staff six of nine fire companies from three to four firefighters; and WHEREAS, the SOC states that Berkeley is undergoing an intensification of land uses and populations, making the city configuration more typical of the largest metropolitan cities. It recommends the Department grow from a suburban agency to that of a major urban fire department in staffing, unit types, and facility locations; and WHEREAS, the City has responded to a regional affordable housing shortage by revising zoning standards and increasing the number of mid-rise and high-rise buildings. While Berkeley has a relatively small land area of 10.43 square miles, it has developed a metro risk profile based on density, development, and congestion. The City is already the second most dense City (behind only San Francisco) in the top 51 most populated cities in California. The projected growth over the coming years coupled with proposed traffic calming projects will only increase density, congestion and the time it takes fire apparatus to travel to an incident and then if necessary to the emergency department.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to apply for and accept a grant, and any amendments, from the Federal Emergency Management Agency (FEMA) for up to $5,093,748 with no matching City funds to hire six additional firefighters to help the City meet the National Fire Protection Association (NFPA) 1710 Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments and to partially accomplish one of the recommendations from the City Gate, LLC Standards of Coverage and Community Risk Assessment.

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
April 25, 2023
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: Extension of the Alameda County Abandoned Vehicle Abatement Program

RECOMMENDATION
Adopt a Resolution approving the extension of the Alameda County Abandoned Vehicle Abatement (Alco AVA) Program until May 31, 2033, and directing the City Manager to take any actions necessary, including executing any resultant agreements, to extend this program and secure related funding.

SUMMARY
The current program is set to expire at the end of May 2023. New legislation allows the local service authorities to extend the programs every 10 years with the approval of the County and a majority of the cities comprising a majority of the population of the incorporated areas. Adoption of the attached resolution is the first step towards the extension of this important program.

FISCAL IMPACTS OF RECOMMENDATION
Extension of the Alco AVA Program will allow continued funding for an additional ten- year period to the City’s Department of Health, Housing, and Community Services’ Environmental Health Division (HHCS/EH) to address and abate abandoned vehicles on private property. The revenue will be deposited into Fund 161. In the past, the City has received about $100,000 per year from this source.

CURRENT SITUATION AND ITS EFFECTS
Vehicle registration fees are collected by the California Department of Motor Vehicles and allocated to Alameda County by the State Controller’s Office pursuant to Section 9250.7 VC. Fees are then allocated to the Alco AVA’s participating agencies based on an adopted formula involving their individual percentage of vehicles abated, population, and land area in relation to the totals for these factors in the Alco AVA as a whole. The current participating agencies are the County of Alameda, and all other Alameda County cities except Albany and Emeryville.

The current program is set to expire at the end of May 2023. New legislation allows the local service authorities to extend the programs every 10 years with the approval of the

Extension of the Alameda County Abandoned Vehicle Abatement Program CONSENT CALENDAR April 25, 2023

County and a majority of the cities comprising a majority of the population of the incorporated areas. Adoption of the attached resolution is the first step towards the extension of this important program.

BACKGROUND
In 1990, the California State Legislature enacted legislation allowing for the creation of county-based vehicle service authorities, pursuant to the provisions of Section 22710 VC. In 1993, the Alco AVA was formed and imposed a one-dollar annual vehicle registration fee on vehicles registered to an owner with an address in the County of Alameda.

Since the inception of the program almost 30 years ago, the Alco AVA has received approximately $34.8 million, which has allowed staff in the participating agencies to abate approximately 465,000 abandoned vehicles.

HHCS/EH receives funding from this program to pay for various program-related expenses. This includes staffing and program-related equipment; including a vehicle and other technical equipment and supplies to conduct abandoned vehicle abatement efforts.

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

RATIONALE FOR RECOMMENDATION
Approving the attached resolution affirms the City of Berkeley’s commitment to the Alco AVA program, thereby enabling its extension to fund abandoned vehicle abatement in Berkeley through May 2033.

ALTERNATIVE ACTIONS CONSIDERED
The City could choose not to participate in the Alco AVA program, which would result in a loss of funding for abandoned vehicle abatement, and could jeopardize the rest of the County’s ability to continue the program. Staff do not recommend this approach.

CONTACT PERSON
Ronald J. Torres, Manager, Environmental Health, HHCS, (510) 981-5261 Attachments

1. Resolution

RESOLUTION NO. –N.S.

APPROVING THE EXTENSION OF THE ALAMEDA COUNTY ABANDONED VEHICLE ABATEMENT PROGRAM UNTIL MAY 31, 2033
WHEREAS, the Alameda County Abandoned Vehicle Abatement Authority was formed in 1993 and the City of Berkeley is an active member; and WHEREAS, since 1993, the Alameda County Abandoned Vehicle Abatement Authority and Program has provided approximately $34.8 million county-wide which has supported the participating agencies in the abatement of approximately 465,000 abandoned vehicles in Alameda County; and
WHEREAS, the Alameda County Abandoned Vehicle Abatement Program is set to expire May 31, 2023; and
WHEREAS, new legislation allows for an extension of the Program with the approval of the County and a majority of the cities comprising a majority of the population of the incorporated areas; and
WHEREAS, it is important to the City of Berkeley to have the program continue in order to maintain vehicle abatement efforts.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it approves the ten-year extension of the Alameda County Abandoned Vehicle Abatement Program through May 31, 2033, and directs the City Manager to take any actions necessary, including executing any resultant agreements, to extend this Program and secure related funding. A record signature of said Resolution to be on file in the office of the City Clerk.

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

CONSENT CALENDAR
April 25, 2023
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 Contract: Alameda County for the Vector Program

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract with Alameda County for the Vector Program in the Environmental Health Division of the Health, Housing, and Community Services Department; to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $1,050,000 for FY2022 through FY2024 to be deposited in Fund 325 (Vector Control); and implement the projects and appropriation of funding for related expenses, subject to securing the grant.

FISCAL IMPACTS OF RECOMMENDATION
This revenue contract will allow the City to be reimbursed for up to $328,704 for FY22, $359,476 in FY23 and a projected $361,820 in FY24 for the actual costs of providing vector services as defined in the contract. Funds will be deposited in Fund 325 (Vector Control) and will be included in the adopted budget.

On March 20, 2023, the County provided the maximum reimbursement amounts for FY22 and FY23. The maximum reimbursement amount for FY24 has not yet been determined by Alameda County but is projected to be similar.

CURRENT SITUATION AND ITS EFFECTS
The Vector Program is a program of the Department of Health, Housing, and Community Services’ Environmental Health Division (HHCS/EH). County Vector Program funding supports City staff who can respond to vector-related questions and complaints from residents. Vector program funds are collected from Alameda County tax payers and the amount in the City’s contract reflects the County’s calculation of the amount attributable to Berkeley, less charges for the County’s administration and any vector services the County provides within Berkeley.

The County requires a reporting of staff time to the minute associated with a specific address in order to calculate reimbursements, and places a cap on any time not spent on direct service. As a result, over the past three years, the City has averaged about

Revenue Contract: Alameda County for Vector Program CONSENT CALENDAR April 25, 2023

$170,000 in annual revenue from this contract, despite a higher allowable amount. The new contract will include the County’s agreement to pay for 100% of a staff position that is assigned 100% to vector services, without the same level of documentation. HHCS anticipates being able to bill for more of the contract once the position has been filled.

The Vector Program is a Strategic Plan Priority Project, advancing our goal to create a resilient, safe, connected, and prepared city.

BACKGROUND
Environmental health is the branch of public health concerned with all aspects of the natural and built environment affecting human health. In the Vector Program, HHCS/EH responds to requests for service related to disease vectors such as rodents, insects (bed bugs, fleas, flies, cockroaches), arachnids (mites, ticks), and nuisance wildlife (bats, raccoons, opossums, skunks), as well as causative conditions, such as garbage, rubbish, overgrowth and abandoned/neglected properties.

HHCS/EH inspectors identify vector issues, make recommendations on how to address them, and educate residents about preventing and addressing vector issues. HHCS/EH is not a pest control service provider. While most environmental health departments in California are operated by counties, the City has historically had its own.

Staffing costs have increased over the past years but the size of the vector program contract has stayed relatively similar, which makes sustaining these services increasingly difficult even if all services are reimbursed.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no sustainability impacts associated directly with the subject of this report.

RATIONALE FOR RECOMMENDATION
HHCS/EH saw a marked increase in calls for vector services during the pandemic.

Renewing this contract will allow HHCS/EH to continue providing these services to the Berkeley community.

ALTERNATIVE ACTIONS CONSIDERED
The City could elect not to accept these funds and not provide related vector services.

Because of the increase in calls for vector services since 2020, and the importance of these services to the community, this approach is not recommended.

CONTACT PERSON
Ron Torres, Manager of Environmental Health, HHCS, (510) 981-5261 Attachments:
1: Resolution

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

REVENUE CONTRACT: ALAMEDA COUNTY FOR THE VECTOR PROGRAM WHEREAS, environmental health is the branch of public health concerned with all aspects of the natural and built environment affecting human health; and WHEREAS, the City of Berkeley had its own vector control program since before Alameda County established a vector control County Service Area (CSA) funded primarily by a benefit assessment charge onto each real property in the district; and WHEREAS, in 1984 Alameda County established a service contract with the City of Berkeley so the City would continue provide its own vector control services to the residents of Berkeley each year; and
WHEREAS, the latest Alameda County and City of Berkeley vector program contract ended in FY2022.

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 contract with Alameda County for the Vector Program in the Environmental Health Division of the Health, Housing, and Community Services Department; to accept the grant funds; execute any resultant revenue agreements and amendments in line with the grant award, which may be larger or smaller than the projected award of $1,050,000 for FY2022 through FY2024 to be deposited in Fund 325 (Vector Control); and implement the projects and appropriation of funding for related expenses, subject to securing the grant. 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
April 25, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Contracts: Freitas Landscaping and Pacific Site Management for On-Call Vegetation Management Services

RECOMMENDATION
Adopt two Resolutions authorizing the City Manager or her designee to execute the following contracts and any amendments for on-call landscape vegetation management and removal in City-owned parks, pathways, and landscaped areas over a period of three years, with an option to extend the contract for two additional one-year terms, for a total amount not to exceed $1,200,000:

1. Freitas Landscaping and Maintenance, for an amount not to exceed $600,000; and

2. Pacific Site Management, for an amount not to exceed $600,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available in the Fiscal Year (FY) 2023 budget in the General Fund, in the Parks Tax Fund, in the Marina Fund, and in the Measure FF Fund. In future years, funds will be budgeted annually at these levels for a total amount not to exceed $1,200,000.

CURRENT SITUATION AND ITS EFFECTS
On February 2, 2023, to prepare for a new contract for these services, the City conducted a Request For Proposal (RFP) competitive bidding process to solicit proposals for the removal of vegetation accumulation and to manage other vegetation in high-risk areas of City-owned parks, pathways, and landscaped areas (Specification No. 23-11560-C).

On March 14, 2023 the City received two bids; one from Freitas Landscaping and Maintenance and the other from Pacific Site Management. Staff have determined that both Freitas Landscape and Maintenance and Pacific Site Management meet the criteria described in the RFP. Staff recommends that new contracts with Freitas Landscaping and Maintenance and Pacific Site Management be authorized.

Contracts: Freitas Landscaping and Pacific Site Management CONSENT for On-Call Vegetation Management Services April 25, 2023

BACKGROUND
On June 9, 1992, the City Council of the City of Berkeley authorized the creation of the Fire Fuel Management Program for public properties in response to the Oakland Hills Firestorm Disaster of October 1991. The program objectives are to remove hazardous vegetation accumulation and to manage other vegetation in high-risk areas of City owned parks, pathways, and landscaped areas. The City does not have the resources to accomplish this work using in-house staff, and therefore uses contracted services.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Chapter 1 of the City’s Climate Action Plan acknowledges that California will experience a rise in wildfires due to climate change. This program preserves natural habitat by removing unwanted invasive plant species and vegetative debris that are recycled and converted into usable compost. This services contract is an essential component in the proper maintenance of the City’s open spaces.

RATIONALE FOR RECOMMENDATION
The Parks, Recreation and Waterfront Department has evaluated the ongoing needs for hazardous vegetation mitigation and other vegetation management and has determined that Freitas Landscaping and Maintenance and Pacific Site Management meet the requirements as set out in the RFP.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Bruce Pratt, Parks Superintendent, 981-6667
Melissa Marizette-Green, Senior Landscape Gardener Supervisor, 981-6684 Attachments:

1. Resolution: Contract with Freitas Landscaping and Maintenance

2. Resolution: Contract with Pacific Site Management

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

CONTRACT: FREITAS LANDSCAPING AND MAINTENANCE FOR ON-CALL

VEGETATION MANAGEMENT AND REDUCTION SERVICES
WHEREAS, on June 9, 1992, the City Council of the City of Berkeley authorized the creation of the Fire Fuel Management Program for public properties in response to the Oakland Hills Firestorm Disaster of October 1991; and
WHEREAS, the program objectives are to remove hazardous vegetation accumulations and to manage other vegetation in high-risk areas of City owned parks, pathways, and landscaped areas. The City does not have the resources to accomplish this work using in-house staff, and therefore uses contracted services; and WHEREAS, on February 2, 2023, to prepare for a new contract for these services, the City conducted a Request For Proposal (RFP) competitive bidding process to solicit proposals for the removal of hazardous vegetation accumulations and to manage other vegetation in high-risk areas of City-owned parks, pathways, and landscaped areas (Specification No. 23-11560-C); and
WHEREAS, on March 14, 2023, the City received two (2) bids, which were reviewed by staff; and
WHEREAS, staff determined that Freitas Landscaping and Maintenance meets the criteria described in the RFP; and
WHEREAS, the desired landscape maintenance firms will be available on an on-call basis over a three-year period for an amount not to exceed $600,000; and WHEREAS, funding is available in the General Fund, in the Parks Tax Fund, in the Marina Fund, and in the Measure FF Fund for the 2023 Fiscal year. In future years, funds will be budgeted annually at these levels for a total amount not to exceed $600,000.

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 contract and any amendments with Freitas Landscaping and Maintenance for a period of three years, with an option to extend the contract for two additional years, for a total amount not to exceed amount of $600,000. A record signature copy of said contract will be on file in the Office of the City Clerk.

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

CONTRACT: PACIFIC SITE MANAGEMENT FOR ON-CALL VEGETATION

MANAGEMENT AND REDUCTION SERVICES
WHEREAS, on June 9, 1992, the City Council of the City of Berkeley authorized the creation of the Fire Fuel Management Program for public properties in response to the Oakland Hills Firestorm Disaster of October 1991; and
WHEREAS, the program objectives are to remove hazardous vegetation accumulations and to manage other vegetation in high-risk areas of City owned parks, pathways, and landscaped areas. The City does not have the resources to accomplish this work using in-house staff, and therefore uses contracted services; and WHEREAS, on February 2, 2023, to prepare for a new contract for these services, the City conducted a Request For Proposal (RFP) competitive bidding process to solicit proposals for the removal of hazardous vegetation accumulations and to manage other vegetation in high-risk areas of City-owned parks, pathways, and landscaped areas (Specification No. 23-11560-C); and
WHEREAS, on March 14, 2023, the City received two (2) bids, which were reviewed by staff; and
WHEREAS, staff determined that Pacific Site Management meets the criteria described in the RFP; and
WHEREAS, the desired landscape maintenance firms will be available on an on-call basis over a three-year period for an amount not to exceed $600,000; and WHEREAS, funding is available in the General Fund, in the Parks Tax Fund, in the Marina Fund, and in the Measure FF Fund for the 2023 Fiscal year. In future years, funds will be budgeted annually at these levels for a total amount not to exceed $600,000.

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 contract and any amendments with Pacific Site Management for a period of three years, with an option to extend the contract for two additional years, for a total not to exceed amount of $600,000. A record signature copy of said contract will be on file in the Office of the City Clerk.

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 Office of the City Manager

CONSENT CALENDAR
April 25, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Contracts: Redwood Engineering and OBS Engineering for As-Needed Irrigation Services

RECOMMENDATION
Adopt two Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for irrigation repair and improvement services as- needed, for contract periods of May 15, 2023 to May 15, 2026:

1. Redwood Engineering Construction, for an amount not to exceed $100,000; and

2. OBS Engineering Incorporated, for an amount not to exceed $100,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the as-needed contracts is available in the FY 2023 budget in the Parks Tax Fund (138) and Marina Fund (608). Funding for FY 2024 through FY 2026 is subject to appropriation in various funding sources in the Parks Tax and Marina Fund budgets and will be identified as needs arise.

CURRENT SITUATION AND ITS EFFECTS
As-needed irrigation services are needed from qualified contractors at various parks and greenways throughout the City. Fixing failing irrigation infrastructure has become overwhelming because much of our irrigation inventory has surpassed life expectancy.

Currently broken irrigation lines are the primary cause of water waste for the City of Berkeley. These irrigation services will include repair and replacement of water piping systems, mainlines, lateral lines, valves, backflows, and controllers. The City needs new irrigation systems designed and installed for additional tree plantings, gardens, and drought tolerant green areas. It is important that irrigation systems are operating at optimum efficiency to reduce the waste of water.

Contracts: Contractors for As-needed Irrigation Services with Redwood and OBS CONSENT CALENDAR April 25, 2023

BACKGROUND
The Parks, Recreation and Waterfront Department contracts with private companies for a variety of services that includes traffic control, excavation, main water supply line repair, irrigation infrastructure repairs, and concrete and asphalt replacement. On Tuesday, January 31, 2023 the City published a Request for Proposal (RFP) seeking qualified firms or individuals to provide irrigation repair services on an as-needed basis (Specification No. 23-11570).

On March 7, 2023, the City received Statements of Proposals (SOPs) from two (2) separate construction and engineering service firms. A panel of City staff reviewed the SOPs and recommended both firms for acceptance.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Section D.2 in chapter 3 of the City’s Climate Action Plan seeks to promote tree planting, landscaping, and the creation of green and open space that is safe and attractive and that help restore the natural processes with significant environmental benefits in the form of carbon dioxide absorption and oxygen production as well as storm water retention, and climate control. These service contracts play an instrumental role in the City’s ability to provide adequate irrigation infrastructure to meet the needs of the Climate Action Plan as well as meeting the requirements established for water conservation by East Bay Municipal Utility District (EBMUD).

RATIONALE FOR RECOMMENDATION
The Parks, Recreation and Waterfront Department has evaluated the ongoing needs for added irrigation infrastructure repair work. The deteriorating infrastructure of Parks and Waterfront irrigation systems has proven to exceed the size and scope manageable by City staff alone. Redwood Engineering Construction and OBS Engineering Incorporated best meet the requirements as set out in the Bid Specification No. 23-11570.

Additionally, these contracts will expand the City’s capacity to respond to emergencies, such as after-hour repairs that might otherwise exceed the capacity of limited City Parks Facilities resources.

ALTERNATIVE ACTIONS CONSIDERED
No alternative actions were considered. The City needs assistance from contractors to provide on-call irrigation repair services quickly and safely.

CONTACT PERSON
Scott Ferris, Director, Parks, Recreation & Waterfront, 981-6700 Bruce Pratt, Parks Superintendent, Parks, Recreation and Waterfront 981-6632 Walter Vandernald, Senior Building Maintenance Supervisor, Parks, Recreation and Waterfront 981-6727
Attachments:

1. Resolution: Redwood Engineering Construction

2. Resolution: OBS Engineering Inc.

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

CONTRACT: REDWOOD ENGINEERING CONTRUCTION
WHEREAS, the Building Maintenance Unit of the Parks, Recreation and Waterfront Department contracts with private companies for traffic controls, excavation, main water supply line repair, irrigation infrastructure repairs, concrete and asphalt replacement etc.; and
WHEREAS, on Tuesday, January 31, 2023 the City published a Request for Proposal (RFP) seeking qualified firms or individuals to provide irrigation repair services on an as- needed basis; and
WHEREAS, on March 7, 2023, the City received two (2) submissions, which were reviewed and rated; and
WHEREAS, Redwood Engineering Construction was determined to be fully qualified and responsive to the City’s request; and
WHEREAS, the desired irrigation repair service firm will be available on an as-needed basis over a two-year period for an amount not to exceed $100,000; and WHEREAS, funding is available in the FY 2023 budget in the Parks Tax Fund (138) and Marina Fund (608). Funding for FY 2024 through FY 2026 is subject to appropriation in various funding sources in the Parks Tax and Marina Fund budgets and will be identified as needs arise.

NOW THEREFORE, BE IT RESOLVED, that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions, or change orders with Redwood Engineering Construction for as-needed irrigation repair services for the contract period of May 15, 2023 through May 15, 2026 in an amount not to exceed $100,000. A recorded signature copy of the agreement and any amendments to be on file in the Office of the City Clerk.

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

CONTRACT: OBS ENGINEERING INCORPORATED
WHEREAS, the Building Maintenance Unit of the Parks, Recreation and Waterfront Department contracts with private companies for traffic controls, excavation, main water supply line repair, irrigation infrastructure repairs, concrete and asphalt replacement etc.; and
WHEREAS, on Tuesday, January 31, 2023 the City published a Request for Proposal (RFP) seeking qualified firms or individuals to provide irrigation repair services on an as- needed basis; and
WHEREAS, on March 7, 2023, the City received two (2) submissions, which were reviewed and rated; and
WHEREAS, OBS Engineering Incorporated was determined to be fully qualified and responsive to the City’s request; and
WHEREAS, the desired irrigation repair service firm will be available on an as-needed basis over a two-year period for an amount not to exceed $100,000; and WHEREAS, funding is available in the FY 2023 budget in the Parks Tax Fund (138) and Marina Fund (608). Funding for FY 2024 through FY 2026 is subject to appropriation in various funding sources in the Parks Tax and Marina Fund budgets and will be identified as needs arise.

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions, or change orders with OBS Engineering Incorporated for as-needed irrigation repair services for the contract period of May 15, 2023 through May 15, 2026 in an amount not to exceed $100,000. A recorded signature copy of the agreement and any amendments to be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
April 25, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks, Recreation & Waterfront Subject: Contract No. 32200178 Amendment: Mountain Valley Environmental Services for Chief Water Plant Operator Services for Berkeley Tuolumne Camp

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend Contract No. 32200178 with Mountain Valley Environmental Services for Chief Water Plant Operator Services for Berkeley Tuolumne Camp, increasing the amount by $120,000 for a total not-to-exceed contract amount of $169,900.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this contract is available in the FY 2023 and FY 2024 budgets and is subject to appropriation in the FY 2025 budget in the Camps Fund (Fund 125). No other funding is required, and no other projects or services will be delayed due to this expenditure.

CURRENT SITUATION AND ITS EFFECTS
On April 4, 2022 the City entered into a contract with Mountain Valley Environmental Services for Berkeley Tuolumne Camp Chief Water Plant Operator Services for a not-to-exceed amount of $24,000. The Contract was subsequently amended for a new not to exceed amount of $49,900 under City Manager authority.

An ongoing need exists for these services to be provided for the operation of Berkeley Tuolumne Camp for the upcoming summer seasons. Mountain Valley Environmental Services possess the staff and expertise needed to operate the water treatment plant to meet the requirements of the State drinking water permit.

BACKGROUND
In 2022, the City completed the rebuilding of Berkeley Tuolumne Family Camp after the 2013 Rim Fire Disaster and re-opened camp to the public. In order to operate a full- service Overnight Camp, the City must provide potable water that meets the requirements of our drinking water permit from the State. While the City’s summer seasonal staff perform the day-to-day operations of the Water Treatment Plant, the City

Contract: Mountain Valley Environmental Services- Chief Water Plant Operator Consent Calendar April 25, 2023

does not have qualified internal staff to perform the necessary oversight and reporting that is required by the State drinking water permit.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The provision of safe drinking water at Berkeley Tuolumne Camp helps the City to meet Strategic Plan Goal 1 to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities.

RATIONALE FOR RECOMMENDATION
Mountain Valley Environmental Services is highly qualified and responsive. They facilitated the successful operation of the Berkeley Tuolumne Camp Water Plant for the re-opening of the rebuilt Camp in the Summer of 2022. The consistency and continuity of Water Plant operations is critical to the overall success of Berkeley Tuolumne Camp.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Scott Ferris, Director, Parks, Recreation & Waterfront, 981-6700 Attachment:
1: Resolution

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

CONTRACT NO. 32200178 AMENDMENT: MOUNTAIN VALLEY ENVIRONMENTAL

SERVICES FOR CHIEF WATER PLANT OPERATOR SERVICES FOR BERKELEY

TUOLUMNE CAMP
WHEREAS, the state permit for the drinking water system at Berkeley Tuolumne Camp requires specialized oversight; and
WHEREAS, the City has neither the labor nor the expertise necessary to perform this project; and
WHEREAS, a Request for Proposal (RFP) was duly advertised on February 2, 2022, bids were opened on February 15, 2022, and the City received 4 proposals; and WHEREAS, the proposal from Mountain Valley Environmental Services best met the criteria described in the RFP; and
WHEREAS, the contract with Mountain Valley Environmental Services for Chief Water Plant Operator Services for Berkeley Tuolumne Camp was executed on April 4, 2022 for a total amount not to exceed $24,000 and was subsequently amended to a new not to exceed amount of $49,900 under City Manager authority; and WHEREAS, an increase of $120,000 to the not-to-exceed contract amount is necessary to continue providing these services for Berkeley Tuolumne Camp for upcoming summer seasons; and

WHEREAS,
funding for this contract is available in the FY 2023 and FY 2024 budgets and is subject to appropriation in the FY 2025 budget in the Camps Fund (Fund 125).

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. 32200178 with Mountain Valley Environmental Services for Chief Water Plant Operator Services for Berkeley Tuolumne Camp, increasing the contract amount by $120,000, for a total amended amount not to exceed $169,900. A record signature copy of any amendments to be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
April 25, 2023

To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Grant Application: Clean California Local Grant Program – Tom Bates Fields Beautification Project

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to submit a grant application in the amount of up to $5,000,000 to the Clean California Local Grant Program (CCLGP) for the Tom Bates Fields Beautification Project; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant.

FINANCIAL IMPLICATIONS
For the FY2024 PRW budget, $2,500,000 from Measure T1 Phase 2 funds was budgeted for the new fieldhouse/restroom and $1,500,000 from Parks Tax funds for the pickleball and youth soccer field. This funding will provide the local match required by the CCLGP grant program. This project location qualifies for either a 37.5% or 50% match requirement, which allows for a maximum grant award of up to $5,000,000.

CURRENT SITUATION AND ITS EFFECTS
In March 2023, the State announced Round 2 of the CCLGP, administered by the California Department of Transportation (Caltrans), to provide approximately $296,000,000 as part of a two-year program to beautify and improve streets and roads, tribal lands, parks, pathways, and transit centers to restore pride in public spaces.

Eligible projects must meet at least one of the following project goals: litter and graffiti abatement, greening and the use of native drought-tolerant plantings, improving access to public space, public engagement in project development, and projects in underserved communities. Proposals are due on April 28, 2023, grant awards will be announced in May 2023, and projects must be completed by June 30, 2025.

BACKGROUND
In 2021, after an extensive community engagement process, the City completed a preferred conceptual plan for the proposed Tom Bates Fieldhouse/Restroom, youth soccer field, and pickleball court project. With the recent announcement of the Clean

Grant Application: Clean California Local Grant Program – CONSENT CALENDAR Tom Bates Fields Beautification Project April 25, 2023

California Round 2 grant program, the City has an opportunity to complete all elements of the master plan for the Tom Bates Regional Sports Field Complex, which include beautification and ADA accessibility improvements to the parking lots, entrances, landscaping, and stormwater treatment.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
All parks improvement construction projects are required to comply with the City of Berkeley Climate Action Plan, specifically in terms of reducing construction waste, as well as environmentally preferred purchasing guidelines to reduce waste and increase the use of renewable resources. This project helps the City meet Strategic Goal 1 – infrastructure.

RATIONALE FOR RECOMMENDATION
The allocation of local funds for parks improvement projects allows the City to apply for grant opportunities that require significant local matching funds.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director of Parks, Recreation & Waterfront, 981-6703 Nelson Lam, Supervising Civil Engineer, Parks, Recreation & Waterfront, 981-6439 Attachments
1: Resolution

RESOLUTION NO. -N.S
GRANT APPLICATION: CLEAN CALIFORNIA LOCAL GRANT PROGRAM FOR THE

TOM BATES FIELDS BEAUTIFICATION PROJECT
WHEREAS in March 2023, the State of California announced Round 2 of the Clean California Local Grant Program (CCLGP), administered by the California Department of Transportation (Caltrans), to provide approximately $296,000,000 as part of a two-year program to beautify and improve streets and roads, tribal lands, parks, pathways, and transit centers to restore pride in public spaces. Eligible projects must meet at least one of the following project goals: litter and graffiti abatement, greening and the use of native drought-tolerant plantings, improving access to public space, public engagement in project development, and projects in underserved communities. Proposals are due on April 28, 2023, grant awards will be announced in May 2023, and projects must be completed by June 30, 2025; and
WHEREAS, in 2021, after an extensive community engagement process, the City completed a preferred conceptual plan for the proposed Tom Bates Fieldhouse/Restroom, youth soccer field, and pickleball court project. With the recent announcement of the Clean California Round 2 grant program, the City has an opportunity to complete all elements of the master plan for the Tom Bates Regional Sports Field Complex, which include beautification and ADA accessibility improvements to the parking lots, entrances, landscaping, and stormwater treatment; and WHEREAS, for the FY2024 PRW budget, $2,500,000 from Measure T1 Phase 2 funds was budgeted for the new fieldhouse/restroom and $1,500,000 from Parks Tax funds for the pickleball and youth soccer field. This funding will provide the local match required by the CCLGP grant program. This project location qualifies for either a 37.5% or 50% match requirement, which allows for a maximum grant award of up to $5,000,000.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to submit a grant application in the amount of up to $5,000,000 to the Clean California Local Grant Program for the Tom Bates Fields Beautification Project; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the project and appropriation of funding for related expenses, subject to securing the grant. A record signature copy of said agreements and any amendments to be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
April 25, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jennifer Louis, Interim Chief of Police
Subject: Contract No. 31900207 Amendment: Recruiting, Advertising, and Marketing Strategy for the Berkeley Police Department

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment, and any follow up amendments to Contract No. 31900207 with Epic Recruiting for continued recruiting, advertising and marketing strategies, increasing the amount by $100,000 for a total contract amount not-to-exceed $410,000 and extending the term through April 30, 2024.

FISCAL IMPACTS OF RECOMMENDATION
The Berkeley Police Department is requesting authority to extend the current contract and increase the contract amount to $410,000. This amendment will allow the BPD to continue the police recruiting campaign through FY 2024. Funds for this contract are available within the BPD General Fund Budget Code: 011-71-704-816-0000-000-421- 612990.

CURRENT SITUATION AND ITS EFFECTS
This request will allow BPD to prioritize marketing and branding in order to recruit the best qualified police candidates, which aligns with the first priority area, Recruiting for Talent (Marketing & Branding), on the City Manager’s Employer of Choice Roadmap.

On February 19, 2019, the City Council adopted Resolution No. 68,758 authorizing the City Manager to execute a contract with Epic Recruiting to provide a digital marketing campaign in support of recruiting police and professional staff for the Berkeley Police Department. The contract has provided the Police Department with a professional recruiting website; cinema quality recruitment video production; branding design and photography; search engine optimization, development and launch of recruiting social media accounts; strategic ad placement campaigns using sites such as Google, YouTube, Facebook, and Instagram; assistance with posting and engaging on social media; website data analytics; a job fair booth banner, 500 recruiting pamphlets and monthly performance reports since the launch of the digital marketing campaign in September 2019.

Contract No. 31900207 Amendment: Epic Recruiting for
Recruiting, Advertising, and Marketing Strategy for the CONSENT CALENDAR Berkeley Police Department April 25, 2023
The Berkeley Police Department must continue to be diligent and creative with its recruiting efforts in order to fill current and anticipated police and professional staff vacancies. In 2022, over 54,000 users clicked on our advertisement displayed in search engines and on all major social media platforms. Of the 54,000 users that visited the Berkeley Police Department recruitment website, approximately 4,491 users stayed and browsed the webpage. 1,718 went to the Berkeley recruitment website and clicked on Apply Now and provided personal contact information to Berkeley Police recruiters.

Numerous prospects have mentioned Epic’s digital marketing campaign as a significant factor in considering employment at BPD.

BACKGROUND
On December 7, 2018 the City of Berkeley issued Request for Proposal No. 19-11276 for a Recruiting Advertising and Marketing Strategy for the Berkeley Police Department.

After receiving four bidders, staff selected Epic Recruiting as the proposal that best met the criteria contained in the RFP.

Epic Recruiting is a digital marketing firm, and recently focuses their work towards providing online police organization recruiting services. Unlike other recruiting agencies, Epic targets the next generation of law enforcement and supports our efforts to improve and modernize existing hiring strategies. Epic uses online technologies and strategies such as online search, recruitment videos, and social networking. Professional recruitment videos for both sworn and professional employees produced by Epic can be placed on electronic billboards and on social media for a good return on investment.

This contract is a Strategic Plan Priority Project, advancing our goal to attract and retain a talented and diverse City government workforce.

The Scope of Services for the existing contract will be fulfilled in April 2023 at the conclusion of the current contract with EPIC. Additional services are required in order to continue to support recruiting efforts through an online media presence.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are positive environmental impacts as the majority of the interactions take place online and with digital products which minimize the use of various print media.

RATIONALE FOR RECOMMENDATION
The law enforcement job market is extremely competitive, with agencies across the region, state, and country aggressively recruiting the best qualified candidates from a limited pool of applicants. The Berkeley Police Department has become far more competitive and agile in its recruitment efforts, in no small part due to improved recruiting efforts by using the specialty services of Epic Recruiting. Innovative Police Officer and Public Safety Dispatcher recruiting strategies are the cornerstone for reaching and soliciting potential candidates. By continuing our digital marketing and

Contract No. 31900207 Amendment: Epic Recruiting for
Recruiting, Advertising, and Marketing Strategy for the CONSENT CALENDAR Berkeley Police Department April 25, 2023
social media advertising campaigns, the department will have a greater chance to share unique aspects of our department and our community, and highlight professional and desirable opportunities for those considering joining the department. We will remain highly competitive in our recruitment and hiring efforts, with the ultimate goal of attracting highly qualified individuals whose interests and ambitions resonate with the messages we convey. Extending the contract to April 30, 2024 will allow us to continue to recruit qualified candidates in this competitive environment.

ALTERNATIVE ACTIONS CONSIDERED
To not extend the contract, which would leave BPD staff without strategic advertising placement, and require staff to navigate and manage social media channels and our recruiting website without the specialized support of a professional marketing firm.

There would be no digital marketing or strategic ad placement, thereby returning recruiting strategies to the less effective means used in the past.

CONTACT PERSON
Peter Lee, Sergeant, Police, 510-981-5734
Attachments:
1: Resolution

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

CONTRACT NO. 31900207 AMENDMENT: EPIC RECRUITING FOR RECRUITING,

ADVERTISING, AND MARKETING STRATEGY FOR THE BERKELEY POLICE

DEPARTMENT
WHEREAS, Epic Recruiting has provided professional, cinema quality recruiting videos, developed social media and recruiting products, and provides specialized online police recruiting services for the Berkeley Police Department; and WHEREAS, the Berkeley Police Department has had an increase in the number of potential applicant contacts through Epic Recruiting’s branding and marketing strategies; and
WHEREAS, in 2018, four prospective vendors submitted proposals in response to the RFP to provide Recruiting Advertising and Marketing Strategies; and WHEREAS, Epic Recruiting was ranked highest by the selection panel as the vendor that best met the criteria listed in the RFP; and
WHEREAS, June 17, 2019, the City entered into a contract with Epic Recruiting to provide the Berkeley Police Department with web design, video production, photography, branding, and social media/digital marketing with the goal of increasing the number of qualified recruit and lateral applicants; and WHEREAS, the Scope of Services for the contract will be fully met on April 30, 2023, and is approaching the authorized not to exceed amount of $310,000, and additional advertising and recruiting services are required to fill Police Department vacancies; and WHEREAS, The Berkeley Police Department is requesting authority to extend the current contract and increase the contract amount to $410,000. This amendment will allow the BPD to continue the police recruiting campaign through FY 2024. Funds for this contract will be allocated in BPD General Fund Budget Code: 011-71-704-816- 0000-000-421-612990.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is hereby authorized to execute an amendment, and any follow up amendments to Contract No. 31900207 with Epic Recruiting for continued recruiting, advertising and marketing strategies, increasing the amount by $100,000 for a total contract amount not-to-exceed $410,000 and extending the term through April 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
April 25, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: Contract: GradeTech Inc. for Restroom in the Right of Way: Channing Way at Telegraph Ave Project.

RECOMMENDATION
Adopt a Resolution:

1. Approving plans and specifications for the Restroom in the Right of Way: Channing Way at Telegraph Ave Project (Project), Specification No. 23-11552-C;

2. Accepting the bid of GradeTech Inc., as the lowest responsive and responsible bidder; and

3. Authorizing the City Manager to execute a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, for an amount not to exceed $262,666.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this project ($262,666) is available in the FY 2023 budget:
 $ 2,666: T1 Fund (511)
 $ 260,000: UC Berkeley Settlement Fund (147)
Low bid by GradeTech Inc.. ................................$218,888 Contingency (20%) $43,778
Total Construction Cost $262,666
No other funding is required, and no other projects will be delayed due to this expenditure.

CURRENT SITUATION AND ITS EFFECTS
This Project was advertised for bids on January 17, 2023. Bids were opened on February 16, 2023. The City received six (6) bids in amounts ranging from $218,888 to $538,384.

The lowest responsive and responsible bidder was determined to be GradeTech Inc.

Therefore, staff recommends that a construction contract for the project be awarded to GradeTech Inc.

Contract: GradeTech Inc. CONSENT CALENDAR
for Restroom in the Right of Way: Channing Way at Telegraph Ave Project April 25, 2023

BACKGROUND
This Project is the first City project with a prefabricated restroom (Portland Loo) in the City’s right of way, serving the public 24/7. The Telegraph-Channing location will serve as a pilot project for future restroom projects. The restroom will have a water and sewer connection. The public facility will provide a safe place for restroom needs. Maintenance on the facility will be funded by the City and provided by the Telegraph Business Improvement District. Public Works is preparing a midcycle budget request for this maintenance funding.

In 2020, Hyphae Design Laboratory, a local expert in public sanitation and ecological design, conducted an assessment to identify areas in need of a public sanitation facility.

This and other locations were recommended throughout Berkeley to meet the City’s long-term public sanitation needs.

This Project supports the Strategic Plan goals of creating a resilient, safe, connected, and prepared city and state-of-the-art, well-maintained infrastructure, amenities, and facilities.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Portland Loo is a pre-manufactured bathroom structure that operates with solar power. The power produced by the solar panels is used for interior and exterior LED lighting. The excess power is stored in a backup battery conserving energy and powering the entire unit off of the grid.

RATIONALE FOR RECOMMENDATION
Contracted services are required for this project as the City does not have the in-house expertise to complete this specialized work.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Farid Javandel, Deputy Director of Public Works, Transportation and Engineering, (510) 981-6303
Ronald Nevels, Interim City Engineer, Department of Public Works, (510) 981-6439 Elmar Kapfer, Supervising Civil Engineer, Department of Public Works, (510) 981-6435 Attachments:
1: Resolution
2: Abstract of Bids

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

CONTRACT: GRADETECH INC. FOR RESTROOM IN THE RIGHT OF WAY:

CHANNING WAY AT TELEGRAPH AVE PROJECT, SPECIFICATION NO. 23-11552-

C, AT CHANNING WAY-TELEGRAPH AVE
WHEREAS, the project consists of site improvements and the installation of a pre- manufactured stand-alone restroom structure per Plans and Specifications No.23-11552- C; and
WHEREAS, The City has neither the labor nor the equipment necessary to undertake this project; and
WHEREAS, an invitation for bids (Plans and Specifications No.23-11552-C) was duly advertised, and GradeTech Inc. was determined to be the lowest responsive and responsible bidder; and
WHEREAS, funds are available in the FY 2023 budget in the T1 Fund and UC Berkeley Settlement Fund.

NOW THEREFORE, BE IT RESOLVED, by the Council of the City of Berkeley that the Plans and Specifications No. 23-11552-C for the Restroom in the Right of Way: Channing at Telegraph Ave Project are approved.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley accepts the bid of GradeTech, Inc. as the lowest responsive and responsible bidder.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley authorizes the City Manager to execute a contract and any amendments, extensions or change orders, until completion of the project in accordance with the approved plans and specifications with GradeTech Inc. for the Restroom In The Right Of Way: Channing Way At Telegraph Ave in an amount not to exceed $262,666 which includes a 20% contingency for unforeseen circumstances. A record signature copy of the agreement and any amendments will 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
April 25, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Contract No. 112199-1 Amendment: Technology, Engineering and Construction, Inc., dba TEC Accutite, for Fuel Storage Tank Maintenance, Repairs, and Certification Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 112199-1 with Technology, Engineering, and Construction, Inc., dba TEC Accutite, for fuel storage tank maintenance, repairs, and certification services, increasing the contract by $164,000 for a total contract amount not to exceed $414,000 and extending the term through June 30, 2024.

FISCAL IMPACTS OF RECOMMENDATION
This contract provides for on-call repairs and routine inspections of the fuel storage tanks owned by the City. Annual routine costs are approximately $30,000. Upgrades at the Corporation Yard to the tank monitoring software system are estimated at $48,000, and the fuel dispenser replacement is estimated to be $56,000 and is in urgent need.

Funding is currently available for the routine costs in the FY 2023 budget as follows:

Fund Budget Code Amount
Library Fund 101-22-242-272-0000-000-463-612990- $2,500 Fire Department Fund 011-72-742-835-0000-000-422-613120- $2,500 Equipment Maintenance Fund 672-54-626-722-0000-000-474-624110- $25,000 Funding for the dispenser and monitoring system upgrades anticipated to be completed in FY 2023 is currently available as follows:

Fund Budget Code Amount
Capital Improvement Fund 501-54-623-677-3014-000-444-662110 $104,000 The remaining funding to support this contract amendment in the amount of $10,000 for Fiscal Year 2024 will be appropriated as part of the mid-year budget process.

Contract No. 112199-1 Amendment: Technology, Engineering and Construction, Inc., CONSENT CALENDAR dba TEC Accutite, for Tank Maintenance, Repairs, and Certification Services April 25, 2023

CURRENT SITUATION AND ITS EFFECTS
Technology, Engineering and Construction, Inc. doing business as TEC Accutite (Accutite) maintains and inspects above ground and underground fuel storage tanks at the City’s Corporation Yard, Transfer Station, Central Library, Public Safety Building, and all Fire Stations. The underground fuel tank storage systems at the Transfer Station, Corporation Yard, and Public Safety Building must be tested annually, and maintained to ensure proper operation of the monitoring and dispensing equipment.

Additional improvements include the replacement of fueling dispensers that have reached the end of their useful life and upgrading the tank monitoring hardware to be compatible with the City’s new fuel monitoring software, providing for more accurate accounting and monitoring of the fuel systems.

Amending the contract supports the Strategic Plan Priority of advancing our goal of providing a state-of-the-art, well-maintained infrastructure, amenities, and facilities.

BACKGROUND
In August 2016, the City entered into agreement with Accutite (Contract No. 10350) for tank maintenance and certification services for a not to exceed amount of $50,000, following an RFP process and City Council approval.

On June 11, 2019, the City Council authorized a contract amendment (Resolution No. 68,949-N.S.) increasing the not to exceed amount to $150,000 and extending the contract to June 30, 2021. The current contract has been subsequently extended by letter through June 30, 2023.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Regular maintenance and testing of the fuel storage tanks and fueling dispensers are critical to ensure that the equipment remains intact and functioning properly, and minimize potential contamination risk to soil and groundwater.

RATIONALE FOR RECOMMENDATION
The recommended amendment will enable the City to continue to comply with annual regulatory testing, conduct routine maintenance, and provide for unforeseen repairs.

Accutite has consistently provided high-quality, cost-effective, and timely professional services to the City.

In addition, this amendment will allow for system integration to be completed between AssetWorks and Syntech and for updating the dispensing system at the Corporation Yard. These upgrades will also allow for more accurate accounting and monitoring of the fuel systems.

Contract No. 112199-1 Amendment: Technology, Engineering and Construction, Inc., CONSENT CALENDAR dba TEC Accutite, for Tank Maintenance, Repairs, and Certification Services April 25, 2023

ALTERNATIVE ACTIONS CONSIDERED
A new request for proposals could be issued, which would delay the integration of the software systems. Additionally, Accutite is knowledgeable about the City’s infrastructure and systems, and it would take additional time for a new vendor to learn further delaying integration and implementation.

CONTACT PERSON
Andrew Brozyna, Deputy Director of Public Works, Operations (510) 981-6369 Joy Brown, Operations Manager, Department of Public Works (510) 981-6629 Greg Ellington, Superintendent, Department of Public Works (510) 981-6490 Robert Hernandez, Env. Comp. Spec, Department of Public Works (510) 981-6644 Attachment:
1: Resolution

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

CONTRACT NO. 112199-1 AMENDMENT: TECHNOLOGY, ENGINEERING, AND CONSTRUCTION, INC., DBA TEC ACCUTITE, FOR TANK MAINTENANCE,

REPAIRS, AND CERTIFICATION SERVICES
WHEREAS, Public Works needs maintenance and certification services to provide maintain the aboveground and underground fuel storage tanks for the City; and WHEREAS, Public Works needs additional improvements including the replacement of fueling dispensers that have reached the end of their useful life and upgrading the tank monitoring hardware to be compatible with the City’s new fuel monitoring software; and WHEREAS, Technology, Engineering, and Construction, Inc. was selected through the City’s competitive bid process, and in August 2016 the City Manager executed Contract No. 10350 to provide tank maintenance and certification services and training in an amount not-to-exceed $50,000 for a 3-year term; and
WHEREAS, on June 11, 2019, City Council approved a contract amendment for a revised not to exceed amount of $100,000 for continued tank maintenance and certification services through June 30, 2021; and
WHEREAS, the contract was extended by letter through June 30, 2023, under City Manager authority; and
WHEREAS, funds are available in FY 2023 Budget Equipment Maintenance Fund (Fund 672), Fire Department Fund (Fund 011), Library Fund (Fund 101), and Capital Improvement Fund (Fund 501) for this amendment and the remaining amount for FY 2024 will be appropriated as part of the mid-year budget process.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 112199-1 with Technology, Engineering, and Construction, Inc., dba TEC Accutite, for tank maintenance, repairs, and certification services, increasing the contract by $164,000 for a total contract amount not to exceed $414,000 and extending the term through June 30, 2024. A record signature copy of said agreement and any amendments to be on file in the Office of the City Clerk.

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

CONSENT CALENDAR
April 25, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: Contract No. 112725-1 Amendment: Du-All Safety, LLC for Safety and Training Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 112725-1 with Du-All Safety, LLC for continued safety training and consulting services, increasing the amount by $250,000 for a total contract amount not to exceed $650,000.

FISCAL IMPACTS OF RECOMMENDATION
The annual expenditures are based on training and safety program needs and are estimated to be approximately $100,000. Funding in the amount of $50,000 is currently available in Zero Waste Fund 601 and Sewer Fund 611. Additional funding up to the not to exceed amount is subject to appropriation as part of the FY 2024 budget process from the following funds: General Fund 011, Sanitary Sewer Fund 611, Zero Waste Fund 601, Facilities Maintenance Fund 673, Street Light 142, Equipment Maintenance Fund 672, Used Oil Payment Fund 329, Park Tax Fund 138. Funds will be allocated as training needs arise.

CURRENT SITUATION AND ITS EFFECTS
Public Works employs over 300 staff in the following divisions: Zero Waste, Engineering, Transportation, Administration and Finance, Equipment Maintenance, Facilities, Streets, and Utilities. Many of these divisions require job-specific safety training to comply with certain Cal/OSHA regulations including protection measures against Bloodborne Pathogens, Confined Space Awareness, and Fall Protection. Du-All supports the City’s in-house safety program and provides ongoing site inspections, policy recommendations, and identifies areas for improvement.

Du-All Safety continues to provide online access to Safety Data Sheets (SDS) which Public Works uses to support safety compliance efforts. Additionally, Du-All Safety offers online safety training which will assist in our compliance efforts.

Authorizing this contract amendment supports the City’s Strategic Goal of creating a resilient, safe, connected, and prepared City.

Contract No. 112725-1 Amendment: Du-All Safety, LLC CONSENT CALENDAR for Safety and Training Services April 25, 2023

BACKGROUND
The City issued a June 2016 Request for Proposals for safety training and support services, received two proposals, and selected Du-All Safety as the most responsive and qualified vendor to meet the needs of the Public Works safety program. On October 24, 2016, the City Manager entered into a contract with Du-All Safety to provide these services in an amount not to exceed $50,000.

On May 30, 2017, City Council adopted Resolution No. 68,005-N.S. which authorized an amendment to the contract for an amount not to exceed $200,000 and extend the contract term through December 31, 2020.

On December 10, 2019, City Council adopted Resolution No. 69,229-N.S. which authorized the amendment of the contract for an amount not to exceed $300,000 and extend the contract term through December 31, 2022;
On March 22, 2022, City Council adopted Resolution No. 70,273-N.S. which authorized the amendment of the contract for an amount not to exceed $400,000 and extend the contract term through December 31, 2025;
Du-All Safety is a Bay Area business that works with many municipalities to support and improve their safety programs by ensuring that employees are trained in hazardous materials handling, spill response, and required safety training. The current contract with Du-All Safety is approaching its not to exceed limit due to an increase in safety training needs. Therefore, City staff is requesting to amend the existing contract amount so that Du-All Safety can continue to provide ongoing support in implementation of written programs and in person and virtual training.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Du-All Safety provides training to City staff in hazardous materials handling, spill response, and asbestos management. When staff are properly prepared for these occurrences, City employees and citizens are protected, and the environment is safeguarded from the further release of toxic substances.

RATIONALE FOR RECOMMENDATION
Du-All Safety provides training to City staff in hazardous materials handling, spill response, and asbestos management. When staff are properly prepared for these occurrences, City employees and citizens are protected, and the environment is safeguarded from the further release of toxic substances.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Andrew Brozyna, Deputy Director of Public Works, (510) 981-6396 Joy Brown, Operations Manager, (510) 981-6629
David Peery, Occupational Health & Safety Officer, (510) 981-6485

Contract No. 112725-1 Amendment: Du-All Safety, LLC CONSENT CALENDAR for Safety and Training Services April 25, 2023

Attachment:
1: Resolution

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

CONTRACT NO. 112725-1 AMENDMENT: DU-ALL SAFETY, LLC FOR SAFETY

CONSULTING AND TRAINING SERVICES
WHEREAS, Du-All Safety, LLC has provided excellent safety training and written safety program improvements during the contract term and requires additional funding to provide required trainings; and
WHEREAS, in 2016 the Department of Public Works requested proposals for safety training and consulting services and Du-All Safety, LLC was selected as the most qualified firm to provide these services; and
WHEREAS, on October 24, 2016, the City Manager authorized Contract No. 10396 with Du-All Safety, LLC for safety training and consulting services, in an amount not to exceed $50,000 for the period of August 5, 2016 through June 30, 2019; and WHEREAS, on May 30, 2017, City Council adopted Resolution No. 68,005-N.S. which authorized the amendment of the contract for an amount not to exceed $200,000 and extend the contract term through December 31, 2020; and WHEREAS, on December 10, 2019, City Council adopted Resolution No. 69,229-N.S. which authorized the amendment of the contract for an amount not to exceed $300,000 and extend the contract term through December 31, 2022; and Whereas, on March 22, 2022, City Council adopted Resolution No. 70,273-N.S. which authorized the amendment of the contract for an amount not to exceed $400,000 and extend the contract term through December 31, 2025; and WHEREAS, City staff need additional support and training from the services provided by Du-All Safety, LLC; and
WHEREAS, funding in the amount of $50,000 is currently available in Zero Waste Fund 601 and Sewer Fund 611. Additional funding up to the not to exceed amount is subject to appropriation as part of the FY 2024 budget process from the following funds: General Fund 011, Sanitary Sewer Fund 611, Zero Waste Fund 601, Facilities Maintenance Fund 673, Street Light 142, Equipment Maintenance Fund 672, Used Oil Payment Fund 329, Park Tax Fund 138.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to the contract with Du-All Safety, LLC for ongoing safety training and consulting services, increasing the contract amount by $250,000 for a total amount not to exceed $650,000. A record signature copy of the contract and any amendments to be on file in the City Clerk Department.

Office of the City Manager
1 CONSENT CALENDAR
April 25, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: Fiscal Year 2024 Street Lighting Assessments – Initiating Proceedings

RECOMMENDATION
Adopt two Resolutions describing proposed improvements to be used to determine the annual assessments levied for Berkeley Street Lighting Assessment District No. 1982-1 and Street Lighting Assessment District No. 2018, and order the preparation of Engineer’s Reports.

FISCAL IMPACTS OF RECOMMENDATION
Staff will prepare the Engineer’s Reports for Berkeley Street Lighting Assessment District No. 1982-1 (the “1982 District”) and Street Lighting Assessment District No. 2018 (the “2018 District”). This effort to prepare the reports has been included in the budget process for the City’s operation and maintenance of the street lights. These reports will be prepared in accordance with the Landscaping and Lighting Act of 1972 (the “Act”), promulgated in California Streets and Highways Code Section 22500 et seq., and are required to be prepared for each fiscal year (FY) for which assessments are to be levied and collected.

In FY 2024, the assessments will generate approximately $1.42 million for the 1982 District, and $774,000 for the 2018 District, with a combined total of approximately $2.20 million in revenue for the Street Lighting program in the Streetlight Assessment District Fund (Fund 142).

CURRENT SITUATION AND ITS EFFECTS
The Act requires the City’s governing body to adopt a resolution generally describing any proposed new improvements to be used to determine the annual assessments levied for the City’s street lighting districts, and order the preparation of Engineer’s Reports for the assessments. These are the first steps in allowing the City to levy and collect the assessments necessary to operate and maintain the street lighting districts.

The improvements to be made in these assessment districts are generally described as maintenance and/or servicing of existing and future public lighting facilities including traffic signals, installation and construction of curbs, gutters, walls, sidewalks or paving, water, irrigation, or drainage related to the operation of the public lighting facilities.

Initiating Proceedings - FY 2024 Street Lighting Assessment Districts CONSENT CALENDAR April 25, 2023
2 Collecting the street lighting fees are necessary to maintain and implement needed improvements and services to support the City’s Strategic Plan goals of creating a resilient, safe, connected, and prepared city and of providing state-of-the-art, well- maintained infrastructure, amenities, and facilities.

BACKGROUND
The 1982 District was established in accordance with the requirements of the Act on July 27, 1982 (Resolution No. 51,449-N.S.). The 2018 District was established in accordance with the requirements of the Act on June 12, 2018 (Resolution No. 68,482- N.S.). The Act requires the City prepare Engineer’s Reports for each fiscal year for which assessments are to be levied and collected. City staff and Consultants will prepare the reports in accordance with the Act.

The City’s original assessment structure for the 1982 District failed to generate sufficient revenue to sustain the long-term operations of the City’s Street Lighting Program (the “Program”). For a period beginning in FY 2006 and running through FY 2017, the City used General Funds to sustain operations necessary to the Program. To establish financial sustainability for the Program and to avoid significant reductions to service in the future, the City moved forward with the formation of the 2018 District. This district was formed separately from the 1982 District, leaving the 1982 District’s structure and rates in place. Assessments for the 2018 District were first levied in FY 2019. Allowable annual inflation adjustments of the 2018 District assessment rates are expected to increase revenues over the coming years.

ENVIRONMENTAL SUSTAINABILITY
The City exclusively uses LED (light emitting diode) street lighting. LED lights provide environmental benefits by: reducing the level of greenhouse gases emitted; reducing level of toxic materials disposed; maximizing energy cost savings; complying with the City’s illumination standards; and minimizing administration costs and staff time for street light maintenance. Assessing and levying the street lighting fees for the 1982 District and the 2018 District will allow the City to sustain environmental benefits of the LED lights.

RATIONALE FOR RECOMMENDATION
Failure to adopt Resolutions ordering the preparation of Engineer’s Reports for the City’s street lighting assessments would result in non-compliance with the requirements set forth in the Act. Failure to comply with the Act would jeopardize the City’s ability to levy and collect assessments in Fiscal Year 2024. The collection of these assessments is needed to establish financial sustainability for the Program and to avoid significant reductions in service.

CONTACT PERSON
Farid Javandel, Deputy Director of Public Works, Transportation and Engineering, (510) 981-6303
Ronald Nevels, Acting Manager of Engineering/City Engineer, (510) 981-6439

Initiating Proceedings - FY 2024 Street Lighting Assessment Districts CONSENT CALENDAR April 25, 2023
3 Attachments:
1: Resolution – Initial Proceedings – Street Lighting Assessment District 1982-1 2: Resolution – Initial Proceedings – Street Lighting Assessment District 2018

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

INITIATE PROCEEDINGS FOR BERKELEY STREET LIGHTING ASSESSMENT DISTRICT 1982-1 FOR FISCAL YEAR 2024 AND ORDER CITY STAFF TO PREPARE AND FILE THE ENGINEER’S REPORT FOR FISCAL YEAR 2024
WHEREAS, on July 27, 1982, the City Council of the City of Berkeley Adopted Resolution No. 51,449–N.S. that completed proceedings to form the Berkeley Street Lighting Assessment District No. 1982-1 pursuant to Chapter II of the Landscaping and Lighting Act of 1972 Streets and Highways Code Section 22585-22613; and WHEREAS, Section 22622 of the Street and Highway Code requires the City Council to adopt a resolution generally describing any proposed new improvements to be used to determine the annual assessment levied for any assessment district created under the Landscaping and Lighting Act of 1972; and
WHEREAS, Section 22622 further requires that the City Council order the preparation of an Engineer’s Report prior to initiating proceedings to set the annual levy and collection of assessments for such assessment districts.

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Berkeley that improvements to be included in Berkeley Street Lighting Assessment District No. 1982-1 for assessing Fiscal Year 2024 fees are generally described as maintenance or servicing, or both, of existing and future public lighting facilities, including, but not limited to, traffic signals and the installation and construction of public lighting or the maintenance or servicing thereof, including but not limited to grading, clearing, removal of debris, installation and construction of curbs, gutters, walls, sidewalk or paving, or water, irrigation, or drainage related to operation of the public lighting facilities.

BE IT FURTHER RESOLVED, pursuant to Street and Highways Code Section 22622, that the City Engineer is hereby directed to prepare the annual Engineer’s Report prior to initiating proceedings to levy and collect the annual assessment for Berkeley Street Lighting Assessment District No. 1982-1 in Fiscal Year 2024.

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

INITIATE PROCEEDINGS FOR STREET LIGHTING ASSESSMENT DISTRICT 2018 FOR FISCAL YEAR 2024 AND ORDER CITY STAFF TO PREPARE AND FILE THE ENGINEER’S REPORT FOR FISCAL YEAR 2024
WHEREAS, on June 12, 2018, the City Council of the City of Berkeley Adopted Resolution No. 68,432–N.S. that completed proceedings to form the Street Lighting Assessment District 2018 pursuant to Chapter II of the Landscaping and Lighting Act of 1972 (the “Act”) Streets and Highways Code Section 22585-22613; and
WHEREAS, Section 22622 of the Street and Highway Code requires the City Council to adopt a resolution generally describing any proposed new improvements to be used to determine the annual assessment levied for any assessment district created under the Act; and
WHEREAS, Section 22622 further requires that the City Council order the preparation of an Engineer’s Report prior to initiating proceedings to set the annual levy and collection of assessments for such assessment districts.

NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Berkeley that improvements to be included in Street Lighting Assessment District 2018 for assessing Fiscal Year 2024 fees are generally described as maintenance or servicing, or both, of existing and future public lighting facilities, including, but not limited to, traffic signals and the installation and construction of public lighting or the maintenance or servicing thereof, including but not limited to grading, clearing, removal of debris, installation and construction of curbs, gutters, walls, sidewalk or paving, or water or irrigation, drainage related to operation of the public lighting facilities.

BE IT FURTHER RESOLVED, by the City Council of the City of Berkeley that SCI Consulting Group is hereby designated as Engineer of Work for purposes of these proceedings and is hereby ordered to prepare an Engineer’s Report in accordance with Street and Highways Code Section 22622. Upon completion, the Engineer shall file the Engineer’s Report with the City for submission to the City Council.

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
April 25, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Public Works
Subject: Purchase Order Amendment: Diesel Direct West, Inc. to Purchase Fuel for City Vehicles and Equipment

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to amend the multi-year purchase orders with Diesel Direct West, Inc. for the purchase of fuel for City vehicles and equipment, increasing the combined amount by $750,000 for a total amount not to exceed $11,494,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding to pay for continued fuel purchases is available in the FY 2023 Equipment Maintenance Fund (Fund 672) and Fire Department (General Fund 011) Budgets.

Individual departments are charged by the Equipment Maintenance Division for actual usage. If necessary, additional appropriations to the fuel budget may be added subject to Council approval of the Second Amendment to the Annual Appropriations Ordinance for FY 2023 Update or will be covered by the FY 2024 Baseline Equipment Maintenance budget for fuel.

Department Estimated Amount
Public Works $650,000
Fire $100,000

CURRENT SITUATION AND ITS EFFECTS
Fuel is purchased by Public Works Equipment Maintenance Division for use by the City’s vehicles and equipment including emergency generators. The previously approved City Council total not to exceed amount with Diesel Direct is nearing the end of its authorized funding limit faster than anticipated due to the high cost of fuel. To continue the uninterrupted delivery of fuel for the City’s fleet, staff recommends the approval of the proposed contract amendment, increasing the total by $750,000 for a not to exceed amount of $11,494,000.

Public Works Equipment Maintenance endeavors to procure the most fuel-efficient vehicles and equipment that are suitable for the required tasks. For every fleet purchase, staff researches the feasibility and availability of fully electric vehicles and

Purchase Order Amendment Diesel Direct, Inc. CONSENT CALENDAR for Fuel City Vehicles and Equipment April 25, 2023

hybrid-electric powertrains to support the City’s transition from fossil fuels to renewable energy resources. However, for most heavy and medium duty applications that support Public Works operations and others, staff research finds that there are no viable electric vehicles or equipment for consideration at this time. The current need for conventional and alternative fuel aligns with the 2020 Municipal Fleet Electrification assessment that recognizes the lack of commercially available and viable fully electric medium and heavy-duty vehicles.

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

BACKGROUND
In January, 2016, City Council approved, Resolution No. 67,363-N.S. for a four (4) year contract with three (2) year options to extend, for a total maximum period of ten years, with Golden Gate Petroleum (now Diesel Direct) for fuel for City vehicles and equipment in the amount not to exceed $7,444,000.

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

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

City Council approved Resolution No. 70,026 N.S. authorizing the City Manager City Manager to execute a purchase order extension with Diesel Direct, Inc. for fuel for City vehicles and equipment, increasing the combined amount by $1,400,000 for a total amount not to exceed $8,844,000, and extending the term through June 30, 2022.

City Council approved Resolution No. 70,428 N.S. authorizing the City Manager City Manager to execute a purchase order extension with Diesel Direct, Inc. for fuel for City vehicles and equipment, increasing the combined amount by $1,900,000 for a total amount not to exceed $10,744,000, and extending the term through December 30, 2023.

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

In June 2020, the City Council received the Municipal Fleet Electrification Assessment. The assessment proposed to install 51 charging Stations with 100

Purchase Order Amendment Diesel Direct, Inc. CONSENT CALENDAR for Fuel City Vehicles and Equipment April 25, 2023

chargers and upgrade all 129 vehicles in the light-duty fleet to EVs by the year 2030. Public Works (PW) has made significant progress toward the electrification of the City's municipal fleet by installing 31 charging stations with 61 chargers and transitioning the City's existing light-duty fleet. In 2020, there were 46 hybrids and 15 plug-in hybrid vehicles. Since, PW has facilitated vehicle orders/purchases for 48 EVs (sedans and pickups), 26 hybrid SUVs for the Police Department, and 23 renewable diesel vehicles to replace gasoline vehicles. These improvements are moving the City's fleet towards a fossil-free goal and have reduced its consumption of traditional gasoline by 37% from its 2001 peak.

Public Works is on track to complete the conversion of the light-duty fleet to EVs by 2028, two years ahead of the assessment’s schedule. Additionally, funding was allocated to the Public Works Capital Improvement Fund to construct charging infrastructure for the Corporation Yard. This project is currently in the design phase with anticipated construction beginning in the Fall of 2023.

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

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

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

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

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

PURCHASE ORDER AMENDMENT: DIESEL DIRECT, INC. FOR FUEL FOR CITY

VEHICLES AND EQUIPMENT
WHEREAS, fuel is needed for purchase by Public Works Equipment Maintenance for use by City vehicles and equipment including emergency generators, and by the Fire Department for fuel at City fire stations; and
WHEREAS, on January 26, 2016, City Council approved Resolution No. 67,363-N.S. for a four (4) year contract with three (2) year options to extend, for a total maximum period of ten years, with Golden Gate Petroleum (now Diesel Direct) for fuel for City vehicles and equipment in the amount not to exceed $7,444,000; and WHEREAS, in 2018 Diesel Direct West, Inc. notified the City of Berkley that the company had acquired Golden Gate Petroleum’s fuel delivery business and would continue to offer the City the same in terms of pricing, delivery, and schedule; and WHEREAS, the City Manager signed an Extension to Term of Contract extending the multi-year purchase order authorization term with Diesel Direct West, Inc. from June 30, 2020 to June 30, 2021 and again extending the term through September 30, 2021; and WHEREAS, on September 14, 2021, City Council approved Resolution No. 70-026 N.S. authorizing the City Manager to execute a purchase order extension with Diesel Direct, Inc. for fuel for City vehicles and equipment, increasing the combined amount by $1,400,000 for a total amount not to exceed $8,844,000, and extending the term through June 30, 2022; and
WHEREAS, on June 28, 2022 City Council approved Resolution No. 70,428 N.S. authorizing the City Manager to execute a purchase order extension with Diesel Direct, Inc. for fuel for City vehicles and equipment, increasing the combined amount by $1,900,000 for a total amount not to exceed $10,744,000, and extending the term through December 30, 2023; and
WHEREAS, funding will be appropriated in the FY 2023 budget in General Fund 011 and Equipment Maintenance Fund 672 or will be covered by the FY 2024 Baseline Equipment Maintenance budget for fuel.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to amend the multi-year purchase orders with Diesel Direct, Inc. for fuel for City vehicles and equipment, increasing the combined amount by $750,000 for a total amount not to exceed $11,494,000.

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
April 25, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Liam Garland, Director, Department of Public Works Subject: Reject Bids for the MRP Trash Capture FY 2023 Project, Specification No. 23-11556-C

RECOMMENDATION
Adopt a Resolution rejecting all bids and authorizing the City Manager to re-advertise the work associated with the MRP Trash Capture FY 2023 Project, Specification No. 23- 11556-C.

FISCAL IMPACTS OF RECOMMENDATION
Additional staff time will be required to re-advertise the MPR Trash Capture FY 2023 Project (Project).

CURRENT SITUATION AND ITS EFFECTS
The MRP Trash Capture FY 2023 Project (Specification No. 23-11556-C) was released for bids on January 11, 2023, and bids were opened on February 2, 2023. Four non-local bids were received, from a low of $421,950 to a high of $620,000. The engineer’s estimate for the project was $420,000.

Three bids were publicly read. A fourth bid submitted by United Storm Water, Inc. (United) was missing at the time of the public opening due to a clerical error on the City’s behalf.

This bid was opened shortly after the public bid opening. United’s bid was the lowest and all bidders received an email notification recognizing United as the apparent low bidder on February 3, 2023. A bid protest was submitted on February 6, 2023 by the second lowest bidder, Paulson Cox Construction, Inc. The protest contended that United’s bid was non-responsive because it was not publicly read.

An internal investigation by City staff determined that no impropriety or unfair advantage had resulted from the clerical error. However, due to the technical defect resulting from United’s bid not being publicly read, staff recommends rejecting bids and re-advertising the project. This course of action would avoid controversy from a perceived impropriety and avoid potential litigation.

Reject Bids – MRP Trash Capture FY 2023 Project CONSENT CALENDAR Specification 23-11556-C April 25, 2023

BACKGROUND
Under the Municipal Regional National Pollutant Discharge Elimination System (NPDES) Stormwater Discharge Permit (MRP), the City is mandated to implement trash load reduction controls to reduce trash discharges to receiving water bodies. The current MRP, Order No. R2-2022-0018, stipulates permittees are required to reduce 2009 trash discharge levels by 90 percent by June 30, 2023, and by 100 percent by June 30, 2025.

To date, the City has achieved a 73.1 percent trash load reduction by implementing the following:
• Installing full trash capture devices throughout many of the City’s medium, high, and very high trash generation areas; and
• Biannual creek and shoreline cleanups.

Full trash capture devices (FTCDs) capture trash in storm drain inlets keeping it from flowing further downstream and into receiving waters. This Project would install approximately 200 FTCDs, mostly in moderate and high trash generating areas, allowing the City to achieve an additional 10 percent trash load reduction credit.

Table 1. Trash Load Reduction Summary
Trash Load Reductions
Current Trash Reduction Achieved with FTCDs 63.1%
Reduction Expected from MRP Trash Capture FY 2023 Project 10% Trash Offsets
Offset Associated with Creek and Shoreline Cleanups 10% Total Trash Load Reduction 83.1%
Additional Reduction Needed to Achieve June 30, 2023 target1 6.9% Delays resulting from re-advertising the Project will likely impact the City’s ability to meet the stipulated June 30, 2023, trash load reduction milestone. As required by MRP Section C.10, staff will be preparing and submitting a revised trash load reduction plan with a schedule of implementation, to ensure the City is on track to meet the June 30, 2025 benchmark.
1 The City is actively seeking alternative compliance methods which will allow the City to meet regulatory compliance milestones.

Reject Bids – MRP Trash Capture FY 2023 Project CONSENT CALENDAR Specification 23-11556-C April 25, 2023

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This Project supports efforts to reduce trash and litter entering the storm drain systems, improve the health and water quality of Berkeley’s creeks and waterways, and prevent pollutants from entering San Francisco Bay.

RATIONALE FOR RECOMMENDATION
Staff recommends rejecting bids and re-advertising the project as this course of action would avoid controversy from a perceived impropriety and avoid potential litigation.

ALTERNATIVE ACTIONS CONSIDERED
Staff considered awarding the contract to United Storm Water, Inc., but determined that this course of action could potentially result in litigation and a public perception of impropriety.

CONTACT PERSON
Farid Javandel, Deputy Director of Public Works, Transportation and Engineering, (510) 981-7061
Ronald Nevels, Interim Manager of Engineering, Public Works, (510) 981-6439 Srinivas Muktevi, Supervising Civil Engineer, Public Works, (510) 981-6402 Attachments:
1: Resolution
2: Abstract of Bids

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

REJECT BIDS FOR THE MRP TRASH CAPTURE FY 2023 PROJECT,
SPECIFICATION NO. 23-11556-C
WHEREAS, the City is a permittee under Municipal Regional National Pollutant Discharge Elimination System (NPDES) San Francisco Bay Region Stormwater Discharge Permit, Order No. R2-2022-0018 (MRP 3); and
WHEREAS, under Provision C.10 of MRP 3, by June 30, 2023, the City is required to reduce the trash load reaching San Francisco Bay by 90% relative to benchmark levels established in 2009; and
WHEREAS, the MRP Trash Capture FY 2023 Project is part of the City’s ongoing progress to reach the regulatory trash load reduction milestones; and WHEREAS, the City does not possess the in-house labor necessary to undertake this Project in a timely fashion; and
WHEREAS, an invitation for bids was duly advertised (Specification No. 23-11556-C) and bids were opened on February 2, 2023; and
WHEREAS, four total bids were received. Three bids were publicly read. A fourth bid submitted by United Storm Water, Inc. (United) was unavailable at the time of public opening as a result of a clerical error on the City’s behalf. This bid was opened shortly after the public bid opening. United’s bid was the lowest and all bidders received an email notification identifying United as the apparent low bidder on February 3, 2023; and WHEREAS, on February 6, 2023, the City received a Bid Protest from the second lowest bidder, Paulson Cox Construction, Inc. and the protest contended that United’s bid was non-responsive because it was not publicly opened; and
WHEREAS, staff have evaluated the potential litigation risk of awarding to United Storm Water, Inc., and determined it to be in the City’s best interest to re-advertise the project.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Berkeley that all bids received are rejected and the City Manager is authorized to re-bid the MRP Trash Capture FY 2023 Project, Specification No. 23-11556-C.

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/81 /75 /76 /i255 /128 /72 /92 /82 /71 /76 /72 /71 /129 /i255/i255/130 /82 /107 /131 /i255 /128 /82 /80 /72 /83 /102 /97 /106 /72 /81 /75 /76 /i255/104/91/72 /83 /72 /71 /129/i255/130 /82 /107 /131 /i255 /128 /82 /80 /72 /83 /102 /97 /106 /72 /120 /71 /82 /132 /72 /92 /106 /i255/133/97/83 /97 /116 /72 /71 /129/105 /71 /75 /83 /75 /134 /97 /107 /i255/133/74/135 /106 /72 /134 /75 /102 /97 /106 /72 /i255
/68 /136 /137 /69 /i255/55/138/139 /140 /138 /141 /i255 /61 /142 /143 /144 /144 /142 /145 /i255 /146 /144 /143 /147 /144 /139 /144 /148 /145 /i255 /63 /60 /i255 /i255 /149 /150 /151 /69 /150 /i255 /i255 /i255 /i255 /59 /144 /139 /152 /i255 /153 /136 /69 /154 /149 /137 /136 /154 /151 /70 /68 /69 /i255 /i255 /i255 /i255 /59 /155 /155 /152 /i255 /153 /136 /69 /154 /149 /137 /136 /154 /156 /149 /69 /70 /i255 /i255 /i255 /i255 /66 /141 /157 /152 /i255 /153 /136 /69 /154 /149 /137 /136 /154 /151 /70 /149 /69 /65 /158/159/141/138 /139 /152 /i255 /160 /138 /161 /141 /161 /162 /144/163/162/138 /154 /164 /144 /143 /147 /144 /139 /144 /148 /154 /162 /141 /154 /165 /166 /i255 Feb 6, 2023
Josh Roben (Feb 6, 2023 09:24 PST)
Josh Roben (Feb 6, 2023 09:24 PST)
Feb 6, 2023
Feb 6, 2023

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

CONSENT CALENDAR
April 25, 2023
To: Members of the City Council
From: Mayor Jesse Arreguín
Subject: Resolution to Support AB 441

RECOMMENDATION
Adopt a Resolution in support of Assembly Bill 441, introduced by Assembly Member Matt Haney, and send a copy of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, and Assembly Members Matt Haney and Buffy Wicks.

SUMMARY
If adopted, Assembly Bill 441 would authorize the Franchise Tax Board to provide advance monthly payments to tax filers who are eligible for $1,000 or greater in combined tax credits from the CalEITC, Young Child Tax Credit and Foster Youth Tax Credit, offer direct deposit whenever possible, and increase protections for filers to maintain their eligibility. This change would provide allow eligible low-income residents to receive more frequently by instructing the State to deliver these tax credits on a monthly instead of lump-sum, yearly basis.

BACKGROUND
California’s refundable tax credits, which include the California Earned Income Tax Credit (CalEITC), Young Child Tax Credit, and Former Foster Youth Tax Credit, has been shown to increase the economic well-being of low-income, tax-paying Californians by returning $1 billion into their pocketbooks each year1. As 3 in 4 eligible Californians are people of color2, these tax credits can be a helpful tool in supporting economic racial equity across the State. While these programs are rightfully celebrated as among our state’s most effective tools to helping people meet their basic needs, their impact could be expanded by paying out tax credits as they are earned, on a monthly basis, instead of paid out once a year.

Returning tax credits to low-income residents on a monthly basis will provide financial security by way of delivering stable monthly payments. These payments can help mitigate the risk of financial volatility experienced by 30% of California households3. 1 Governor Newsom raised the State’s level of investment for CalEITC from $400M to $1B in 2020. https://www.csd.ca.gov/Pages/CalEITC.aspx
2 According to All Home California. https://www.allhomeca.org/wp-content/uploads/2023/03/AB-441- Monthly-Payments-Background.pdf
3 Source: Prosperity Now Scorecard via U.S. Census. https://scorecard.prosperitynow.org/reports#report- state-profile/6

CONSENT CALENDAR
April 25, 2023

With one in three Bay Area residents4 consistently depleting their income before the end of the month, our low-income neighbors across and around Berkeley are regularly faced with making difficult decisions to afford their basic needs. This reality has been further exasperated by the economic side effects experienced in our society from COVID-19.

The City’s remains committed to ensuring its residents have access to the means of securing a safe, enriching, and healthy life, and seeks to remove any barriers to this charge through equitable manners whenever possible.

AB 441 would work to remove obstacles for the City’s low-income residents, safeguard them from economic volatility, offer greater control over their tax liability for these residents and those caring for our disenfranchised youth, and help expand the impact of the State’s tax credit program. In addition, AB 441 would also offer pragmatic benefits, such as protecting taxpayers and the State from overpayments, streaming the process for taxpayers to receive credits, give recipients greater flexibility in managing their eligibility, and protect a taxpayer’s federal and state benefits. AB 441 would advance monthly payments to tax filers who are eligible for $1,000 or greater in combined tax credits from the CalEITC, Young Child Tax Credit and Foster Youth Tax Credit and:
 deliver advanced monthly payments equal to 80% of the estimated total credit amount to each eligible tax filer, with the other 20% of the credits made available upon tax filing;
 pay taxpayers more immediately via direct deposit where possible, or otherwise deliver payments via check or debit card;
 allow recipients to opt out of payments and make any changes affecting their eligibility for the credits on the State’s myFTB platform on an ad hoc basis;  prevent monthly payments of tax credits from being counted as regular income for the purpose of determining state benefits;
 require the clarification of any federal tax law impacting one’s eligibility to be made clear before providing advanced monthly payments; and  require the Franchise Tax Board to request any federal agency waivers that are necessary to protect a taxpayers’ federal benefits.
4 Source: 2020 “Taking Count” study conducted by Tipping Point and the Othering and Belonging Institute at UC Berkeley. https://tippingpoint.org/wp-content/uploads/2020/07/Taking-Count-2020-A-Study-on- Poverty-in-the-Bay-Area.pdf

CONSENT CALENDAR
April 25, 2023

As demonstrated through the passage of the nation’s most expansive Fair Work Week Ordinance5, expansion of our shelter and services through Measure P6, and commitment to protecting our undocumented residents as a Sanctuary City7, the City of Berkeley remains committed to supporting our most vulnerable residents. AB 441 is in- line with this commitment, as it aims to support low-income families, those at risk of living in or returning to poverty, children supported by the foster care system, and one missed payment away from losing their housing and/or maintaining a safe, enriching, and healthy life.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
No environmental impact.

CONTACT PERSON
Mayor Jesse Arreguín, 510-981-7100
Anthony Rodriguez, Senior Legislative Assistant
Attachments:
1: Resolution (SUPPORT OF CALIFORNIA ASSEMBLY BILL 441) 2: Text of AB 441 (as of March 29, 2023)
5 On November 21, 2022 the City Council passed the Fair Work Week Ordinance, adding to the City’s municipal code Chapter 13.102 during a Special City Council meeting. In it, the City mandated large employers give lower-wage workers their shift schedules at least two weeks in advance, with a pay bonus given if they call employees in or cancel their shifts on short notice. 6 The City’s voter passed Measure P in November of 2018, providing $10M in funding to pay for homeless services from a property transfer tax. Passed with 72.4% of the vote, these services, among many, include navigation centers, mental health support, rehousing. 7 On February 13, 2018 the City Council passed the Sanctuary City Ordinance, followed by the Sanctuary City Contracting Ordinance on December 13, 2019. Both offer protections to undocumented immigrants by way of limiting the City’s ability to provide information on the citizenship status to the United States Immigration and Customs Enforcement (USICE) agency, and engaging in a new, amended, or extended contract or agreement with any entity that provides USICE with data broker or extreme vetting services.

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

SUPPORTING ASSEMBLY BILL 441
WHEREAS, the California Earned Income Tax Credit (CalEITC), Young Child Tax Credit, and Former Foster Youth Tax Credit have been shown to increase the economic well- being of low-income, tax-paying Californians by returning $1 billion to them each year; and
WHEREAS, All Home California notes 3 in 4 eligible Californians who receive one or more of these tax credits are people of color whom could benefit from this tool in providing economic racial equity across the State; and
WHEREAS, the Propensity Now Scorecard prepared using U.S. Census data shows that tax credits given to these recipients can help mitigate the risk of financial volatility experienced by 30% of California households; and
WHEREAS, the “Taking Count” study conducted by Tipping Point and the Othering and Belonging Institute at UC Berkeley found one in three Bay Area residents consistently deplete their income before the end of the month, rendering them vulnerable to making difficult decisions that limit their ability to meet their basic needs; and

WHEREAS, Assembly Bill 441, introduced by Assembly Member Matt Haney, would remove obstacles for the City’s low-income residents, safeguard them from economic volatility, offer greater control over their tax liability for these residents and those caring for our disenfranchised youth, and help expand the impact of the State’s tax credit program; and
WHEREAS, Assembly Bill 441 would offer pragmatic benefits, such as protecting taxpayers and the State from overpayments, streaming the process for taxpayers to receive credits, give recipients greater flexibility in managing their eligibility, and protect a taxpayer’s federal and state benefits; and
WHEREAS, Assembly Bill 441 would advance monthly payments to tax filers who are eligible for $1,000 or greater in combined tax credits from the CalEITC, Young Child Tax Credit and Foster Youth Tax Credit; and
WHEREAS, the City of Berkeley believes Assembly Bill 441 is in-line with its commitment, to supporting low-income families, those at risk of living in or returning to poverty, children supported by the foster care system, and those vulnerable to financial volatility; and NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that it hereby supports AB 441.

CONSENT CALENDAR
April 25, 2023

BE IT FRUTHER RESOLVED that copies of the Resolution be sent to Governor Gavin Newsom, State Senator Nancy Skinner, and Assembly Members Matt Haney and Buffy Wicks.

AMENDED IN ASSEMBLY MARCH 29, 2023
AMENDED IN ASSEMBLY MARCH 9, 2023
california legislature—2023–24 regular session
ASSEMBLY BILL No. 441
Introduced by Assembly Member Haney
February 6, 2023
An act to amend Sections 17052, 17052.1, and 17052.2 of, and to add Section 17052.3 to, the Revenue and Taxation Code, relating to taxation, and making an appropriation therefor.
legislative counsel’s digest
AB 441, as amended, Haney. Earned Income Tax Credit: young child tax credit: foster youth tax credit: periodic payments.

The Personal Income Tax Law, in modified conformity with federal income tax laws, allows an earned income tax credit against personal income tax and a payment from the continuously appropriated Tax Relief and Refund Account for an allowable credit in excess of tax liability to an eligible individual that is equal to that portion of the earned income tax credit allowed by federal law, as determined by the earned income tax credit adjustment factor, as specified. The Personal Income Tax Law also allows a young child tax credit and a foster youth tax credit against the taxes imposed by that law, and a payment from the Tax Relief and Refund Account for allowable credits in excess of tax liability to a qualified individual, as defined.

This bill would require the Franchise Tax Board to establish a program for making periodic payments from the Tax Relief and Refund Account to qualified taxpayers, as defined. The bill would require the aggregate of these periodic payments in any calendar year to be equal to 80% of

97

the estimated total amount allowed to the taxpayer as an earned income tax credit, a young child tax credit, and a foster youth tax credit. The bill would define “qualified taxpayer” for these purposes to mean a taxpayer that is eligible to receive an earned income tax credit, a young child tax credit, or a foster youth tax credit, but only if the combined total of
such those credits allowed to the taxpayer in the applicable year is $1,000 or more. The bill would reduce the amount allowed as an earned income tax credit, young child tax credit, or foster youth tax credit credit, but not below zero, to the extent the taxpayer received any periodic payments related to those credits. The bill would require the Franchise Tax Board to allow a qualified taxpayer to report changes to their income, household size, filing status, or any other personal information relevant to estimating the amount of any credit allowed to the taxpayer, and would authorize the Franchise Tax Board to modify the estimated value of credits allowed to the taxpayer. The bill would further allow the Franchise Tax Board to adjust the periodic payments, as necessary, to account for any modification to the estimated value of credits allowed to a qualified taxpayer.

The bill would require the
Franchise Tax Board, upon receiving a tax return from a qualified taxpayer, to compare the aggregate amount of periodic payments received during the relevant calendar year to the aggregate total of tax credits the taxpayer was allowed. In the case that the amount of the periodic payments received by the taxpayer exceeds the total of tax credits the taxpayer was allowed by more than $300, the bill would require the taxpayer to repay so much of the difference that exceeds $300.

The bill would require the Controller to make transfers from the Personal Income Tax Fund to the Tax Relief and Refund Account as required to make the estimated payments. By authorizing additional payments from a continuously appropriated fund, this bill would make an appropriation.

This bill would also require the Franchise Tax Board, in coordination with the State Department of Public Health, the State Department of Social Services, and any other relevant state agency, to request a waiver from any federal agency that administers specified benefits programs to exclude any amount paid in monthly advance payments authorized by the bill from income in determining eligibility for, or calculation of benefits under, those benefit programs. The bill would state its provisions would only become operative upon the enactment of federal legislation, promulgation of federal regulation, or similar guidance from federal agencies, that the advance payments authorized by the bill 97 — 2 — AB 441

would be excluded from income for purposes of determining eligibility for, or the calculation of benefits under, those federal benefit programs.

V ote: 2⁄3. Appropriation: yes. Fiscal committee: yes.​ State-mandated local program: no.​
The people of the State of California do enact as follows:
line 1 SECTION 1. Section 17052 of the Revenue and Taxation Code line 2 is amended to read:
line 3 17052. (a)   (1)  For each taxable year beginning on or after line 4 January 1, 2015, there shall be allowed against the “net tax,” as line 5 defined by Section 17039, an earned income tax credit in an amount line 6 equal to an amount determined in accordance with Section 32 of line 7 the Internal Revenue Code, relating to earned income, as applicable line 8 for federal income tax purposes for the taxable year, except as line 9 otherwise provided in this section.
line 10 (2)   (A)  The amount of the credit determined under Section 32 line 11 of the Internal Revenue Code, relating to earned income, as line 12 modified by this section, shall be multiplied by the earned income line 13 tax credit adjustment factor for the taxable year. line 14 (B)   Unless otherwise specified in the annual Budget Act, the line 15 earned income tax credit adjustment factor for a taxable year line 16 beginning on or after January 1, 2015, shall be 0 percent. line 17 (C)   The earned income tax credit authorized by this section line 18 shall only be operative for taxable years for which resources are line 19 authorized in the annual Budget Act for the Franchise Tax Board line 20 to oversee and audit returns associated with the credit. line 21 (3)   The amount of the credit allowed pursuant to this section line 22 shall be reduced reduced, but not below zero dollars ($0), by any line 23 amount received by the eligible individual pursuant to Section line 24 17052.3 that relates to an estimated allowance of a credit under line 25 this section.
line 26 (b)   (1)  In lieu of the table prescribed in Section 32(b)(1) of the line 27 Internal Revenue Code, relating to percentages, the credit line 28 percentage and the phaseout percentage shall be determined as line 29 follows:
line 30
line 31 The phaseout
line 32 percentage is:

The credit
percentage is:

In the case of an eligible individual
with:
line 33 7.65% 7.65% No qualifying children
97 AB 441 — 3 —

line 1 34% 34% 1 qualifying child
line 2 40% 40% 2 qualifying children
line 3 45% 45% 3 or more qualifying children
line 4
line 5 (2)   (A)  In lieu of the table prescribed in Section 32(b)(2)(A) line 6 of the Internal Revenue Code, the earned income amount and the line 7 phaseout amount shall be determined as follows:
line 8
line 9 The phaseout
line 10 amount is:

The earned income
amount is:

In the case of an eligible individual
with:
line 11 $3,290 $3,290 No qualifying children
line 12 $4,940 $4,940 1 qualifying child
line 13 $6,935 $6,935 2 or more qualifying children
line 14
line 15 (B)
Section 32(b)(2)(B) of the Internal Revenue Code, relating line 16 to joint returns, shall not apply.
line 17 (c)   (1)  Section 32(c)(1)(A)(ii)(I) of the Internal Revenue Code line 18 is modified by substituting “this state” for “the United States.” line 19 (2)   For each taxable year beginning on or after January 1, 2018, line 20 Section 32(c)(1)(A)(ii)(II) of the Internal Revenue Code is modified line 21 by deleting “25 but not attained age 65” and inserting in lieu thereof line 22 the following: “18.”
line 23 (3)  Section 32(c)(2)(A) of the Internal Revenue Code is modified line 24 as follows:
line 25 (A)   Section 32(c)(2)(A)(i) of the Internal Revenue Code is line 26 modified by deleting “plus” and inserting in lieu thereof the line 27 following: “and only if such amounts are subject to withholding line 28 pursuant to Division 6 (commencing with Section 13000) of the line 29 Unemployment Insurance Code.”
line 30 (B)   Section 32(c)(2)(A)(ii) of the Internal Revenue Code shall line 31 not apply.
line 32 (4)   For taxable years beginning on or after January 1, 2017, line 33 paragraph (3) shall not apply and in lieu thereof Section 32(c)(2)(A) line 34 of the Internal Revenue Code is modified as follows:
line 35 (A)   Section 32(c)(2)(A)(i) of the Internal Revenue Code is line 36 modified by deleting “plus” and inserting in lieu thereof the line 37 following: “and only if such amounts are subject to withholding line 38 pursuant to Division 6 (commencing with Section 13000) of the line 39 Unemployment Insurance Code, plus.”
97 — 4 — AB 441

line 1 (B)   Section 32(c)(2)(A)(ii) of the Internal Revenue Code shall line 2 apply.
line 3 (5)   Section 32(c)(3)(C) of the Internal Revenue Code, relating line 4 to place of abode, is modified by substituting “this state” for “the line 5 United States.”
line 6 (d)   Section 32(i)(1) of the Internal Revenue Code is modified line 7 by substituting “$3,400” for “$2,200.”
line 8 (e)   (1)  In lieu of Section 32(j) of the Internal Revenue Code, line 9 relating to inflation adjustments, for taxable years beginning on line 10 or after January 1, 2016, the amounts specified in paragraph (2) line 11 of subdivision (b) and in subdivision (d) shall be recomputed line 12 annually in the same manner as the recomputation of income tax line 13 brackets under subdivision (h) of Section 17041. line 14 (2)   For each taxable year beginning on or after January 1, 2018, line 15 and before January 1, 2019, when recomputing the amounts line 16 referenced in paragraph (1), the percentage change in the California line 17 Consumer Price Index shall be deemed to be the greater of 3.1 line 18 percent or the percentage change in the California Consumer Price line 19 Index as calculated under subdivision (h) of Section 17041 for that line 20 taxable year.
line 21 (3)   For each taxable year beginning on or after January 1, 2019, line 22 and before January 1, 2020, when recomputing the amounts line 23 referenced in paragraph (1), the percentage change in the California line 24 Consumer Price Index shall be deemed to be the greater of 3.5 line 25 percent or the percentage change in the California Consumer Price line 26 Index as calculated under subdivision (h) of Section 17041 for that line 27 taxable year.
line 28 (f)  If the amount allowable as a credit under this section exceeds line 29 the tax liability computed under this part for the taxable year, the line 30 excess shall be credited against other amounts due, if any, and the line 31 balance, if any, shall be paid from the Tax Relief and Refund line 32 Account and refunded to the taxpayer.
line 33 (g)   (1)  The Franchise Tax Board may prescribe rules, line 34 guidelines, procedures, or other guidance to carry out the purposes line 35 of this section. Chapter 3.5 (commencing with Section 11340) of line 36 Part 1 of Division 3 of Title 2 of the Government Code shall not line 37 apply to any rule, guideline, or procedure prescribed by the line 38 Franchise Tax Board pursuant to this section.
line 39 (2)  (A)  The Franchise Tax Board may prescribe any regulations line 40 necessary or appropriate to carry out the purposes of this section, 97 AB 441 — 5 —

line 1 including any regulations to prevent improper claims from being line 2 filed or improper payments from being made with respect to net line 3 earnings from self-employment.
line 4 (B)   The adoption of any regulations pursuant to subparagraph line 5 (A) may be adopted as emergency regulations in accordance with line 6 the rulemaking provisions of the Administrative Procedure Act line 7 (Chapter 3.5 (commencing with Section 11340) of Part 1 of line 8 Division 3 of Title 2 of the Government Code) and shall be deemed line 9 an emergency and necessary for the immediate preservation of the line 10 public peace, health and safety, or general welfare. Notwithstanding line 11 Chapter 3.5 (commencing with Section 11340) of Part 1 of Division line 12 3 of Title 2 of the Government Code, these emergency regulations line 13 shall not be subject to the review and approval of the Office of line 14 Administrative Law. The regulations shall become effective line 15 immediately upon filing with the Secretary of State, and shall line 16 remain in effect until revised or repealed by the Franchise Tax line 17 Board.
line 18 (h)   Notwithstanding any other law, amounts refunded pursuant line 19 to this section shall be treated in the same manner as the federal line 20 earned income refund for the purpose of determining eligibility to line 21 receive benefits under Division 9 (commencing with Section line 22 10000) of the Welfare and Institutions Code or amounts of those line 23 benefits.
line 24 (i)   (1)  For the purpose of implementing the credit allowed by line 25 this section for the 2015 taxable year, the Franchise Tax Board line 26 shall be exempt from the following:
line 27 (A)   Special Project Report requirements under State line 28 Administrative Manual Sections 4819.36, 4945, and 4945.2. line 29 (B)   Special Project Report requirements under Statewide line 30 Information Management Manual Section 30.
line 31 (C)   Section 11.00 of the 2015 Budget Act.
line 32 (D)   Sections 12101, 12101.5, 12102, and 12102.1 of the Public line 33 Contract Code.
line 34 (2)   The Franchise Tax Board shall formally incorporate the line 35 scope, costs, and schedule changes associated with the line 36 implementation of the credit allowed by this section in its next line 37 anticipated Special Project Report for its Enterprise Data to line 38 Revenue Project.
line 39 (j)   (1)  In accordance with Section 41, the purpose of the line 40 California Earned Income Tax Credit is to reduce poverty among 97 — 6 — AB 441

line 1 California’s poorest working families and individuals. To measure line 2 whether the credit achieves its intended purpose, the Franchise line 3 Tax Board shall annually prepare a written report on the following:
line 4 (A)   The number of tax returns claiming the credit. line 5 (B)   The number of individuals represented on tax returns line 6 claiming the credit.
line 7 (C)  The average credit amount on tax returns claiming the credit. line 8 (D)   The distribution of credits by number of dependents and line 9 income ranges. The income ranges shall encompass the phase-in line 10 and phaseout ranges of the credit.
line 11 (E)   Using data from tax returns claiming the credit, including line 12 an estimate of the federal tax credit determined under Section 32 line 13 of the Internal Revenue Code, an estimate of the number of families line 14 who are lifted out of deep poverty by the credit and an estimate of line 15 the number of families who are lifted out of deep poverty by the line 16 combination of the credit and the federal tax credit. For the line 17 purposes of this subdivision, a family is in “deep poverty” if the line 18 income of the family is less than 50 percent of the federal poverty line 19 threshold.
line 20 (2)   The Franchise Tax Board shall provide the written report to line 21 the Senate Committee on Budget and Fiscal Review, the Assembly line 22 Committee on Budget, the Senate and Assembly Committees on line 23 Appropriations, the Senate Committee on Governance and Finance, line 24 the Assembly Committee on Revenue and Taxation, and the Senate line 25 and Assembly Committees on Human Services.
line 26 (k)   The tax credit allowed by this section shall be known as the line 27 California Earned Income Tax Credit.
line 28 ( l)  The amendments made to this section by Chapter 722 of the line 29 Statutes of 2016 shall apply to taxable years beginning on or after line 30 January 1, 2016.
line 31 (m)   (1)  For each taxable year beginning on or after January 1, line 32 2017, and before January 1, 2018, if the amount of credit computed line 33 pursuant to subdivisions (a) and (b) is less than or equal to one line 34 hundred dollars ($100) multiplied by the ratio of the earned income line 35 tax credit adjustment factor for that taxable year divided by 0.85 line 36 for an eligible individual with no qualifying children, or less than line 37 or equal to two hundred fifty dollars ($250) multiplied by the ratio line 38 of the earned income tax credit adjustment factor for that taxable line 39 year divided by 0.85 for an eligible individual with one or more line 40 qualifying children, and the earned income amount is greater than 97 AB 441 — 7 —

line 1 or equal to the corresponding amount in the table set forth in line 2 paragraph (2) below, then in lieu of the table prescribed in line 3 paragraph (1) of subdivision (b), the credit percentage and the line 4 phaseout percentage shall be determined as follows:
line 5
line 6 The phaseout percentage
line 7 is:

The credit percentage is: In the case of an eligible
individual with:
line 8 1.22% 2.20% No qualifying children
line 9 2.29% 3.10% 1 qualifying child
line 10 3.45% 2.13% 2 qualifying children
line 11 3.49% 2.12% 3 or more qualifying
line 12 children
line 13
line 14 (2)   For each taxable year beginning on or after January 1, 2017, line 15 and before January 1, 2018, if the amount of credit computed line 16 pursuant to subdivisions (a) and (b) is less than or equal to one line 17 hundred dollars ($100) multiplied by the ratio of the earned income line 18 tax credit adjustment factor for that taxable year divided by 0.85 line 19 for an eligible individual with no qualifying children, or less than line 20 or equal to two hundred fifty dollars ($250) multiplied by the ratio line 21 of the earned income tax credit adjustment factor for that taxable line 22 year divided by 0.85 for an eligible individual with one or more line 23 qualifying children, then in lieu of the table prescribed in line 24 subparagraph (A) of paragraph (2) of subdivision (b), the earned line 25 income amount and the phaseout amount shall be determined as line 26 follows:
line 27
line 28 The phaseout amount is: The earned income
line 29 amount is:

In the case of an eligible
individual with:
line 30 $5,354 $5,354 No qualifying children
line 31 $9,484 $9,484 1 qualifying child
line 32 $13,794 $13,794 2 qualifying children
line 33 $13,875 $13,875 3 or more qualifying
line 34 children
line 35
line 36 (n)   (1)  For each taxable year beginning on or after January 1, line 37 2018, and before January 1, 2019, if the amount of credit computed line 38 pursuant to subdivisions (a) and (b) is less than or equal to one line 39 hundred three dollars ($103) multiplied by the ratio of the earned line 40 income tax credit adjustment factor for that taxable year divided 97 — 8 — AB 441

line 1 by 0.85 for an eligible individual with no qualifying children, or line 2 less than or equal to two hundred fifty-eight dollars ($258) line 3 multiplied by the ratio of the earned income tax credit adjustment line 4 factor for that taxable year divided by 0.85 for an eligible individual line 5 with one or more qualifying children, and the earned income line 6 amount is greater than or equal to the corresponding amount in line 7 the table set forth in paragraph (2) below, then in lieu of the table line 8 prescribed in paragraph (1) of subdivision (b), the credit percentage line 9 and the phaseout percentage shall be determined as follows:
line 10
line 11 The phaseout percentage
line 12 is:

The credit percentage is: In the case of an eligible
individual with:
line 13 1.08% 2.20% No qualifying children
line 14 2.00% 3.10% 1 qualifying child
line 15 2.82% 2.13% 2 qualifying children
line 16 2.85% 2.12% 3 or more qualifying
line 17 children
line 18
line 19 (2)   For each taxable year beginning on or after January 1, 2018, line 20 and before January 1, 2019, if the amount of credit computed line 21 pursuant to subdivisions (a) and (b) is less than or equal to one line 22 hundred three dollars ($103) multiplied by the ratio of the earned line 23 income tax credit adjustment factor for that taxable year divided line 24 by 0.85 for an eligible individual with no qualifying children, or line 25 less than or equal to two hundred fifty-eight dollars ($258) line 26 multiplied by the ratio of the earned income tax credit adjustment line 27 factor for that taxable year divided by 0.85 for an eligible individual line 28 with one or more qualifying children, then in lieu of the table line 29 prescribed in subparagraph (A) of paragraph (2) of subdivision line 30 (b), the earned income amount and the phaseout amount shall be line 31 determined as follows:
line 32
line 33 The phaseout amount is: The earned income
line 34 amount is:

In the case of an eligible
individual with:
line 35 $5,520 $5,520 No qualifying children
line 36 $9,778 $9,778 1 qualifying child
line 37 $14,222 $14,222 2 qualifying children
line 38 $14,305 $14,305 3 or more qualifying
line 39 children
line 40
97 AB 441 — 9 —

line 1 (o)   (1)  For each taxable year beginning on or after January 1, line 2 2019, if the amount of credit computed pursuant to subdivisions line 3 (a) and (b) is less than or equal to two hundred dollars ($200) line 4 multiplied by the ratio of the earned income tax credit adjustment line 5 factor for that taxable year divided by 0.85 for an eligible individual line 6 with no qualifying children, or less than or equal to five hundred line 7 five dollars ($505) multiplied by the ratio of the earned income line 8 tax credit adjustment factor for that taxable year divided by 0.85 line 9 for an eligible individual with one or more qualifying children, line 10 and the earned income amount is greater than or equal to the line 11 corresponding amount in the table set forth in paragraph (2) below, line 12 then in lieu of the table prescribed in paragraph (1) of subdivision line 13 (b), the credit percentage and the phaseout percentage shall be line 14 determined as follows:
line 15
line 16 The phaseout percentage
line 17 is:

The credit percentage is: In the case of an eligible
individual with:
line 18 0.92% 5.43% No qualifying children
line 19 2.88% 6.33% 1 qualifying child
line 20 3.75% 4.20% 2 qualifying children
line 21 3.78% 4.15% 3 or more qualifying
line 22 children
line 23
line 24 (2)   For each taxable year beginning on or after January 1, 2019, line 25 if the amount of credit computed pursuant to subdivisions (a) and line 26 (b) is less than or equal to two hundred dollars ($200) multiplied line 27 by the ratio of the earned income tax credit adjustment factor for line 28 that taxable year divided by 0.85 for an eligible individual with line 29 no qualifying children, or less than or equal to five hundred five line 30 dollars ($505) multiplied by the ratio of the earned income tax line 31 credit adjustment factor for that taxable year divided by 0.85 for line 32 an eligible individual with one or more qualifying children, then line 33 in lieu of the table prescribed in subparagraph (A) of paragraph line 34 (2) of subdivision (b), the earned income amount and the phaseout line 35 amount shall be determined as follows:
line 36
line 37 The phaseout amount is: The earned income
line 38 amount is:

In the case of an eligible
individual with:
line 39 $4,334 $4,334 No qualifying children
line 40 $9,381 $9,381 1 qualifying child
97 — 10 — AB 441

line 1 $14,137 $14,137 2 qualifying children
line 2 $14,302 $14,302 3 or more qualifying
line 3 children
line 4
line 5 (3)   For taxable years beginning on or after January 1, 2020, and line 6 until and including the taxable year in which the minimum wage, line 7 as defined in paragraph (1) of subdivision (b) of Section 1182.12 line 8 of the Labor Code, is set at fifteen dollars ($15) per hour, both of line 9 the following shall occur:
line 10 (A)   The amounts in paragraphs (1) and (2) shall be recomputed line 11 annually in the same manner as the recomputation of income tax line 12 brackets under subdivision (h) of Section 17041. line 13 (B)   The phaseout percentage for each of the four categories of line 14 eligible individuals shall be recalculated by the Franchise Tax line 15 Board in such a manner that, for a taxpayer with an earned income line 16 of thirty thousand dollars ($30,000), the calculated amount of credit line 17 is equal to zero.
line 18 (4)   (A)  For taxable years beginning after the taxable year in line 19 which the minimum wage, as defined in paragraph (1) of line 20 subdivision (b) of Section 1182.12 of the Labor Code, is set at line 21 fifteen dollars ($15) per hour, the amounts in paragraphs (1) and line 22 (2) shall be recomputed annually in the same manner as the line 23 recomputation of income tax brackets under subdivision (h) of line 24 Section 17041.
line 25 (B)   For taxable years beginning after the taxable year in which line 26 the minimum wage, as defined in paragraph (1) of subdivision (b) line 27 of Section 1182.12 of the Labor Code, is set at fifteen dollars ($15) line 28 per hour, the phaseout percentages for the prior taxable year, as line 29 recalculated under subparagraph (B) of paragraph (3), shall apply. line 30 (p)   For each taxable year beginning on or after January 1, 2020, line 31 Section 32(m) of the Internal Revenue Code, relating to line 32 identification numbers, is modified as follows:
line 33 (1)   By deleting “(other than a social security number issued line 34 pursuant to clause (II) (or that portion of clause (III) that relates line 35 to clause (II)) of section 205(c)(2)(B)(i) of the Social Security line 36 Act).”
line 37 (2)   By substituting “federal individual taxpayer identification line 38 number or a social security number” for “social security number.” 97 AB 441 — 11 —

line 1 (q)   An eligible individual, eligible individual’s spouse, or line 2 qualifying child using a federal individual taxpayer identification line 3 number as authorized under subdivision (p) shall:
line 4 (1)   Upon request of the Franchise Tax Board, provide:
line 5 (A)  Identifying documents acceptable for purposes of obtaining line 6 a California driver’s license or identification card as authorized line 7 by subdivisions (a), (b), and (c) of Section 12801.9 of the Vehicle line 8 Code and related regulations adopted for purposes of establishing line 9 documents acceptable to prove identity.
line 10 (B)   Identifying documents used to report earned income for the line 11 taxable year.
line 12 (2)   Upon receiving a valid social security number issued to that line 13 individual by the Social Security Administration, notify the line 14 Franchise Tax Board, in the time and manner prescribed by the line 15 Franchise Tax Board.
line 16 (r)   The Legislature finds and declares that, to the extent they line 17 are otherwise qualified for a credit under this section, line 18 undocumented persons are eligible for the tax credit authorized line 19 by this section within the meaning of subsection (d) of Section line 20 1621 of Title 8 of the United States Code.
line 21 SEC. 2. Section 17052.1 of the Revenue and Taxation Code line 22 is amended to read:
line 23 17052.1. (a)   (1)  For each taxable year beginning on or after line 24 January 1, 2019, there shall be allowed against the “net tax,” as line 25 defined by Section 17039, a young child tax credit to a qualified line 26 taxpayer, in an amount as determined under paragraph (2). line 27 (2)   (A)  (i)  The amount of the young child tax credit shall be line 28 equal to one thousand one hundred seventy-six dollars ($1,176), line 29 multiplied by the earned income tax credit adjustment factor for line 30 the taxable year as specified for in Section 17052. line 31 (ii)   The amount of the young child tax credit specified under line 32 clause (i) shall be recomputed annually in the same manner as the line 33 recomputation of income tax brackets under subdivision (h) of line 34 Section 17041.
line 35 (B)   The young child tax credit allowable in any taxable year to line 36 any qualified taxpayer shall be limited to the maximum amount line 37 specified in clause (i) of subparagraph (A) as recomputed under line 38 clause (ii) of subparagraph (A).
line 39 (C)   (i)  The young child tax credit shall be reduced by twenty line 40 dollars ($20) for each one hundred dollars ($100), or fraction 97 — 12 — AB 441

line 1 thereof, by which the qualified taxpayer’s earned income, as line 2 defined in Section 17052, exceeds the “threshold amount.” For line 3 purposes of this section, the “threshold amount” shall be line 4 twenty-five thousand dollars ($25,000).
line 5 (ii)   (I)  For each taxable year beginning on or after January 1, line 6 2022, and before January 1, 2023, the twenty dollars ($20) in clause line 7 (i) shall be recomputed annually in the same manner as the line 8 recomputation of income tax brackets under subdivision (h) of line 9 Section 17041, except that the resulting products shall be rounded line 10 off to the nearest cent.
line 11 (II)   For taxable years beginning after the taxable year in which line 12 the minimum wage, as defined in paragraph (1) of subdivision (b) line 13 of Section 1182.12 of the Labor Code, is set at fifteen dollars ($15) line 14 per hour, the amount calculated under subclause (I) shall substitute line 15 for the twenty dollars ($20) in clause (i).
line 16 (iii)   For taxable years beginning after the taxable year in which line 17 the minimum wage, as defined in paragraph (1) of subdivision (b) line 18 of Section 1182.12 of the Labor Code, is set at fifteen dollars ($15) line 19 per hour, the “threshold amount” in this subparagraph shall be line 20 recomputed annually in the same manner as the recomputation of line 21 income tax brackets under subdivision (h) of Section 17041. line 22 (D)   The young child tax credit authorized by this section shall line 23 only be operative for taxable years for which resources are line 24 authorized in the annual Budget Act for the Franchise Tax Board line 25 to oversee and audit returns associated with the credit allowed line 26 under Section 17052.
line 27 (3)   The amount of the credit allowed pursuant to this section line 28 shall be reduced reduced, but not below zero dollars ($0), by any line 29 amount received by the qualified taxpayer pursuant to Section line 30 17052.3 that relates to an estimated allowance of a credit under line 31 this section.
line 32 (b)   (1)  “Qualified taxpayer” means an eligible individual who line 33 has at least one qualifying child and who satisfies either of the line 34 following:
line 35 (A)   Has been allowed a tax credit under Section 17052. line 36 (B)   Meets all of the following requirements:
line 37 (i)   Would otherwise have been allowed a tax credit under line 38 Section 17052, but has earned income, as defined in Section line 39 32(c)(2) of the Internal Revenue Code, as modified by Section line 40 17052, of zero dollars ($0) or less.
97 AB 441 — 13 —

line 1 (ii)   Does not have net losses in excess of thirty thousand dollars line 2 ($30,000) in the taxable year.
line 3 (iii)   Does not have wages, salaries, tips, and other employee line 4 compensation in excess of thirty thousand dollars ($30,000) in the line 5 taxable year.
line 6 (2)   For each taxable year beginning on or after January 1, 2022, line 7 the amounts specified under clauses (ii) and (iii) of subparagraph line 8 (B) shall be recomputed annually in the same manner as the line 9 recomputation of income tax brackets under subdivision (h) of line 10 Section 17041.
line 11 (c)   “Qualifying child” shall have the same meaning as under line 12 Section 17052, except that the child shall be younger than six years line 13 of age as of the last day of the taxable year.
line 14 (d)   (1)  The Franchise Tax Board may prescribe rules, line 15 guidelines, procedures, or other guidance to carry out the purposes line 16 of this section. Chapter 3.5 (commencing with Section 11340) of line 17 Part 1 of Division 3 of Title 2 of the Government Code shall not line 18 apply to any rule, guideline, or procedure prescribed by the line 19 Franchise Tax Board pursuant to this section.
line 20 (2)  (A)  The Franchise Tax Board may prescribe any regulations line 21 necessary or appropriate to carry out the purposes of this section, line 22 including any regulations to prevent improper claims from being line 23 filed or improper payments from being made with respect to net line 24 earnings from self-employment.
line 25 (B)   The adoption of any regulations pursuant to subparagraph line 26 (A) may be adopted as emergency regulations in accordance with line 27 the rulemaking provisions of the Administrative Procedure Act line 28 (Chapter 3.5 (commencing with Section 11340) of Part 1 of line 29 Division 3 of Title 2 of the Government Code) and shall be deemed line 30 an emergency and necessary for the immediate preservation of the line 31 public peace, health and safety, or general welfare. Notwithstanding line 32 Chapter 3.5 (commencing with Section 11340) of Part 1 of Division line 33 3 of Title 2 of the Government Code, these emergency regulations line 34 shall not be subject to the review and approval of the Office of line 35 Administrative Law. The regulations shall become effective line 36 immediately upon filing with the Secretary of State, and shall line 37 remain in effect until revised or repealed by the Franchise Tax line 38 Board.
line 39 (e)  If the amount allowable as a credit under this section exceeds line 40 the tax liability computed under this part for the taxable year, the 97 — 14 — AB 441

line 1 excess shall be credited against other amounts due, if any, and the line 2 balance, if any, shall be paid from the Tax Relief and Refund line 3 Account and refunded to the qualified taxpayer.
line 4 (f)   Notwithstanding any other law, amounts refunded pursuant line 5 to this section shall be treated in the same manner as the federal line 6 earned income refund for the purpose of determining eligibility to line 7 receive benefits under Division 9 (commencing with Section line 8 10000) of the Welfare and Institutions Code or amounts of those line 9 benefits.
line 10 (g)  (1)  In accordance with Section 41, the purpose of the Young line 11 Child Tax Credit is to reduce poverty among California’s poorest line 12 working families and young children. To measure whether the line 13 credit achieves its intended purpose, the Franchise Tax Board shall line 14 annually prepare a written report on the following:
line 15 (A)   The number of tax returns claiming the credit. line 16 (B)  The number of qualifying children represented on tax returns line 17 claiming the credit.
line 18 (C)  The average credit amount on tax returns claiming the credit. line 19 (2)   The Franchise Tax Board shall provide the written report to line 20 the Senate Committee on Budget and Fiscal Review, the Assembly line 21 Committee on Budget, the Senate and Assembly Committees on line 22 Appropriations, the Senate Committee on Governance and Finance, line 23 the Assembly Committee on Revenue and Taxation, and the Senate line 24 and Assembly Committees on Human Services.
line 25 (h)   The Legislature finds and declares that, to the extent they line 26 are otherwise qualified for a credit under this section, line 27 undocumented persons are eligible for the tax credit authorized line 28 by this section within the meaning of subsection (d) of Section line 29 1621 of Title 8 of the United States Code.
line 30 (i)   The amendments made to this section by the act adding this line 31 subdivision shall apply for taxable years beginning on or after line 32 January 1, 2022, except as provided in subparagraph (C) of line 33 paragraph (2) of subdivision (a).
line 34 SEC. 3. Section 17052.2 of the Revenue and Taxation Code line 35 is amended to read:
line 36 17052.2. (a)   (1)  For each taxable year beginning on or after line 37 January 1, 2022, there shall be allowed against the “net tax,” as line 38 defined by Section 17039, a foster youth tax credit to a qualified line 39 taxpayer, in an amount as determined under paragraph (2). 97 AB 441 — 15 —

line 1 (2)   (A)  The amount of the foster youth tax credit shall be equal line 2 to one thousand one hundred seventy-six dollars ($1,176), line 3 multiplied by the earned income tax credit adjustment factor for line 4 the taxable year, as specified in Section 17052. line 5 (B)   For taxable years beginning on or after January 1, 2022, the line 6 amount in subparagraph (A) shall be recomputed annually in the line 7 same manner as the recomputation of income tax brackets under line 8 subdivision (h) of Section 17041.
line 9 (C)   (i)  The foster youth tax credit shall be reduced by twenty line 10 dollars ($20) for each one hundred dollars ($100), or fraction line 11 thereof, by which the qualified taxpayer’s earned income, as line 12 defined in Section 17052, exceeds the threshold amount. line 13 (ii)   (I)  For taxable years beginning on or after January 1, 2022, line 14 and before January 1, 2023, the twenty dollars ($20) in clause (i) line 15 shall be recomputed in the same manner as the recomputation of line 16 income tax brackets under subdivision (h) of Section 17041, except line 17 that for purposes of this clause, subparagraph (B) of paragraph (2) line 18 of subdivision (h) of Section 17041 shall be modified by line 19 substituting “nearest cent” for “nearest one dollar ($1).” line 20 (II)   For taxable years beginning after the taxable year in which line 21 the minimum wage, as defined in paragraph (1) of subdivision (b) line 22 of Section 1182.12 of the Labor Code, is set at fifteen dollars ($15) line 23 per hour, the amount calculated under subclause (I) shall substitute line 24 for the twenty dollars ($20) in clause (i).
line 25 (iii)   For taxable years beginning after the taxable year in which line 26 the minimum wage, as defined in paragraph (1) of subdivision (b) line 27 of Section 1182.12 of the Labor Code, is set at fifteen dollars ($15) line 28 per hour, the threshold amount shall be recomputed annually in line 29 the same manner as the recomputation of income tax brackets line 30 under subdivision (h) of Section 17041.
line 31 (3)   The amount of the credit allowed pursuant to this section line 32 shall be reduced reduced, but not below zero dollars ($0), by any line 33 amount received by the qualified taxpayer pursuant to Section line 34 17052.3 that relates to an estimated allowance of a credit under line 35 this section.
line 36 (b)   The foster youth tax credit authorized by this section shall line 37 only be operative for taxable years for which resources are line 38 authorized in the annual Budget Act for the Franchise Tax Board line 39 to oversee and audit returns associated with the earned income tax line 40 credit allowed under Section 17052.
97 — 16 — AB 441

line 1 (c)   For purposes of this section, the following definitions shall line 2 apply:
line 3 (1)   “Qualified taxpayer,” means an individual who satisfies all line 4 of the following:
line 5 (A)   Has been allowed a tax credit under Section 17052 for the line 6 taxable year.
line 7 (B)   Is 18 to 25 years of age, inclusive, as of the last day of the line 8 taxable year.
line 9 (C)   Was in foster care while 13 years of age or older in an line 10 AFDC-FC placement, as described in Section 11402 of the Welfare line 11 and Institutions Code, including a tribally approved home, as line 12 defined in subdivision (r) of Section 224.1 of the Welfare and line 13 Institutions Code, or Approved Relative Caregiver Funding line 14 Program eligible placement, as described in Article 6 (commencing line 15 with Section 11450) of Chapter 2 of Part 3 of Division 9 of the line 16 Welfare and Institutions Code, by a Title IV-E agency, pursuant line 17 to a voluntary placement agreement or a juvenile court order. line 18 (2)   “Threshold amount” shall be twenty-five thousand dollars line 19 ($25,000).
line 20 (3)   “Title IV-E agency” means either of the following:
line 21 (A)  A county child welfare agency or probation department that line 22 administers foster care placements under Title IV-E of the federal line 23 Social Security Act (Part E (commencing with Section 670) of line 24 Subchapter IV of Chapter 7 of Title 42 of the United States Code). line 25 (B)   An Indian tribe, tribal organization, or tribal consortium line 26 located in California or with lands that extend into the state that line 27 has an agreement with the State Department of Social Services line 28 pursuant to Section 10553.1 of the Welfare and Institutions Code line 29 to administer foster care placement under Title IV-E of the federal line 30 Social Security Act (Part E (commencing with Section 670) of line 31 Subchapter IV of Chapter 7 of Title 42 of the United States Code). line 32 (d)   (1)  As provided for in Section 10850.8 of the Welfare and line 33 Institutions Code, and subject to federal approvals or waivers, the line 34 State Department of Social Services shall provide to the Franchise line 35 Tax Board the data regarding a qualified taxpayer placed by a Title line 36 IV-E agency that may be necessary to verify that an individual line 37 qualifies for the foster youth tax credit. The data provided shall line 38 remain confidential and shall be used only for purposes directly line 39 connected with the foster youth tax credit.
97 AB 441 — 17 —

line 1 (2)   In the event federal approval or waivers pursuant to line 2 paragraph (1) are not provided, the Franchise Tax Board and the line 3 State Department of Social Services shall explore alternative line 4 methods to verify foster care status for individuals described in line 5 paragraph (1) of subdivision (c) in a manner consistent with state line 6 and federal law.
line 7 (3)   The State Department of Social Services shall seek all line 8 appropriate federal waivers or approvals for the implementation line 9 of this subdivision as necessary. This subdivision shall be line 10 implemented only if necessary federal waivers or approvals are line 11 granted.
line 12 (e)  (1)  The Franchise Tax Board may prescribe rules, guidelines, line 13 procedures, or other guidance to carry out the purposes of this line 14 section.
line 15 (2)   The Franchise Tax Board may prescribe any regulations line 16 necessary or appropriate to carry out the purposes of this section, line 17 including any regulations to prevent improper claims from being line 18 filed or improper payments from being made with respect to net line 19 earnings from self-employment.
line 20 (3)   Chapter 3.5 (commencing with Section 11340) of Part 1 of line 21 Division 3 of Title 2 of the Government Code shall not apply to line 22 any regulation, guideline, or procedure prescribed by the Franchise line 23 Tax Board pursuant to this section.
line 24 (f)  If the amount allowable as a credit under this section exceeds line 25 the tax liability computed under this part for the taxable year, the line 26 excess shall be credited against other amounts due, if any, and the line 27 balance, if any, shall be paid from the Tax Relief and Refund line 28 Account and refunded to the qualified taxpayer. line 29 (g)   Notwithstanding any other law, amounts refunded pursuant line 30 to this section shall be treated in the same manner as the federal line 31 earned income refund for the purpose of determining eligibility to line 32 receive benefits under Division 9 (commencing with Section line 33 10000) of the Welfare and Institutions Code or amounts of those line 34 benefits.
line 35 (h)   Notwithstanding any other law, the payment authorized line 36 pursuant to this section shall not be taken into account as income, line 37 and shall not be taken into account as resources for a period of 12 line 38 months from receipt, for purposes of determining the eligibility line 39 of such the individual, or any other individual, for benefits or line 40 assistance or the amount or extent of benefits or assistance under 97 — 18 — AB 441

line 1 any state or local program not covered in subdivision (g). With line 2 respect to a state or local program, this subdivision shall only be line 3 implemented to the extent that it does not conflict with federal law line 4 relating to that program, and that any required federal approval or line 5 waiver is first obtained for that program.
line 6 (i)   The Legislature finds and declares that, to the extent they line 7 are otherwise qualified for a credit under this section, line 8 undocumented persons are eligible for the tax credit authorized line 9 by this section within the meaning of subsection (d) of Section line 10 1621 of Title 8 of the United States Code.
line 11 (j)   (1)  In accordance with Section 41, the purpose of the Foster line 12 Care Tax Credit is to reduce poverty among California’s young line 13 adults who have been in the foster care program. To measure line 14 whether the credit achieves its intended purpose, the Franchise line 15 Tax Board shall annually prepare a written report on the following:
line 16 (A)   The number of tax returns claiming the credit. line 17 (B)  The average credit amount on tax returns claiming the credit. line 18 (2)   The Franchise Tax Board shall provide the written report, line 19 in compliance with Section 9795 of the Government Code, to the line 20 Senate Committee on Budget and Fiscal Review, the Assembly line 21 Committee on Budget, the Senate and Assembly Committees on line 22 Appropriations, the Senate Committee on Governance and Finance, line 23 the Assembly Committee on Revenue and Taxation, and the Senate line 24 and Assembly Committees on Human Services.
line 25 (3)  The disclosure provisions of this subdivision shall be treated line 26 as an exception to Section 19542 under Article 2 (commencing line 27 with 19542) of Chapter 7 of Part 10.2.
line 28 SEC. 4. Section 17052.3 is added to the Revenue and Taxation line 29 Code , to read:
line 30 17052.3. (a)  For purposes of this section, the following line 31 definitions apply:
line 32 (1)  “Annual advance amount” means, with respect to a qualified line 33 taxpayer for any calendar year, the amount, if any, that the line 34 Franchise Tax Board estimates is equal to 80 percent of the line 35 aggregate amount allowed as a credit under Sections 17052, line 36 17052.1, and 17052.2 for the qualified taxpayer’s taxable year that line 37 begins in that calendar year.
line 38 (2)   (A)  “Qualified taxpayer” means an eligible individual, as line 39 that term is defined in Section 17052, or a qualified taxpayer as line 40 that term is defined in either Section 17052.1 or 17052.2. 97 AB 441 — 19 —

line 1 (B)   Notwithstanding subparagraph (A), “qualified taxpayer” line 2 does not include a taxpayer if the combined total amount allowed line 3 as a credit to the taxpayer under Sections 17052, 17052.1, and line 4 17052.2 is less than one thousand dollars ($1,000) for the line 5 applicable taxable year.
line 6 (b)   (1)  The Franchise Tax Board shall establish a program for line 7 making periodic payments to qualified taxpayers from the Tax line 8 Relief and Refund Account.
line 9 (2)   The combined total of all periodic payments made to a line 10 qualified taxpayer during any calendar year shall equal the annual line 11 advance amount determined with respect to that taxpayer. line 12 (c)   The Franchise Tax Board may modify the annual advance line 13 amount with respect to a qualified taxpayer for a calendar year to line 14 take into account information made available to the Franchise Tax line 15 Board that may lead to a change in the annual advance amount, line 16 including, but not limited to, a tax return filed by the qualified line 17 taxpayer. In the case of any modification of the annual advance line 18 amount pursuant to this subdivision, the Franchise Tax Board may line 19 adjust the amount of any periodic payment made after the date of line 20 the modification to properly adjust the amount by which any prior line 21 periodic payments were greater than or less than the amount the line 22 payment would have been based on the modified annual advance line 23 amount.
line 24 (d)   The Franchise Tax Board shall distribute periodic payments line 25 of the annual adv ance amount by direct deposit if possible or by line 26 debit card or paper check if direct deposit is not possible. Upon line 27 receiving a tax return from a qualified taxpayer, the Franchise line 28 Tax Board shall determine the aggregate amount allowed to the line 29 taxpayer as a credit under Sections 17052, 17052.1, and 17052.2 line 30 for the taxable year.
line 31 (1)  In the event the advance monthly payments made to a line 32 qualified taxpayer exceed the aggregate amount allowed as line 33 determined by this subdivision by more than three hundred dollars line 34 ($300), the qualified taxpayer shall be liable to repay the portion line 35 of the difference that is in excess of three hundred dollars ($300). line 36 The qualified taxpayer shall repay that amount within three taxable line 37 years after receiving notice from the Franchise Tax Board of the line 38 excess payment.
line 39 (2)  In the event that the advance monthly payments already paid line 40 to a qualified taxpayer under this section exceed the qualified 97 — 20 — AB 441

line 1 taxpayer’s calculated aggregate amount by less than three hundred line 2 dollars ($300), the taxpayer shall not be liable to repay that line 3 amount.
line 4 (e)   The Franchise Tax Board, through its internet website, shall line 5 allow a qualified taxpayer to report changes to their income, line 6 household size, filing status, or any other personal information line 7 that the Franchise Tax Board deems relevant to the calculation of line 8 the annual advance amount.
line 9 (1)   The Franchise Tax Board shall send at least two annual line 10 reminders to people likely to be qualified taxpayers to record any line 11 changes to relevant personal information.
line 12 (2)  Tax filers shall be allowed to decline participation in periodic line 13 payments at any time through the Franchise Tax Board’s internet line 14 website.
line 15 (f)   (1)  The Franchise Tax Board may prescribe any regulations line 16 necessary or appropriate to carry out the purposes of this section, line 17 including any regulations to prevent improper claims from being line 18 filed or improper payments from being made.
line 19 (2)   The Franchise Tax Board may prescribe rules, guidelines, line 20 procedures, or other guidance to carry out the purposes of this line 21 section. Chapter 3.5 (commencing with Section 11340) of Part 1 line 22 of Division 3 of Title 2 of the Government Code shall not apply line 23 to any rule, guideline, or procedure prescribed by the Franchise line 24 Tax Board pursuant to this section.
line 25 (g)  Notwithstanding any other law, amounts distributed pursuant line 26 to this section shall be treated in the same manner as the federal line 27 earned income refund for the purpose of determining eligibility to line 28 receive benefits under Division 9 (commencing with Section line 29 10000) of the Welfare and Institutions Code or amounts of those line 30 benefits.
line 31 (h)   The Controller shall transfer, as needed, to the Tax Relief line 32 and Refund Account, from the Personal Income Tax Fund, an line 33 amount necessary to make the estimated payments provided for line 34 under subdivision (b).
line 35 (i)  The Franchise Tax Board, in coordination with the State line 36 Department of Public Health, the State Department of Social line 37 Services, and any other relevant state agency, shall request a line 38 waiver from any federal agency that administers benefits, for which line 39 eligibility, or calculation of which, is based on a recipient’s line 40 monthly income, to exclude from income any amount paid in 97 AB 441 — 21 —

line 1 monthly advance payments authorized under this section for line 2 purposes of determining eligibility for, or calculation of benefits line 3 under, those programs, including, but not limited to, the following:
line 4 (1)  Federal childcare assistance.
line 5 (2)  Federal housing assistance.
line 6 (3)  Low Income Home Energy Assistance Program (LIHEAP). line 7 (4)  Medicaid.
line 8 (5)  Supplemental Nutrition Assistance Program (SNAP). line 9 (6)  Supplemental Security Income.
line 10 (7)  Temporary Assistance for Needy Families (TANF). line 11 (8)  The Special Supplemental Nutrition Program for Women, line 12 Infants, and Children (WIC).
line 13 (j)  This section shall be operative for taxable years beginning line 14 on or after January 1 of the year that includes the date on which line 15 either of the following occurs:
line 16 (1)  The federal government enacts legislation declaring that line 17 periodic payments of specified state tax credits, including the line 18 credits allowed under Sections 17052, 17052.1, and 17052.2, shall line 19 be excluded from the definition of income for the purpose of line 20 determining eligibility for, or calculation of benefits under, any line 21 federal public assistance program, eligibility for which is line 22 dependent upon a recipient’s monthly income, including, but not line 23 limited to, federal childcare assistance, federal housing assistance, line 24 LIHEAP , Medicaid, SNAP , Supplemental Security Income, TANF , line 25 or WIC.
line 26 (2)  The publication of regulations, guidelines, memoranda, or line 27 letters to a state agency official by any relevant federal agency line 28 declaring that periodic payments of specified state tax credits, line 29 including the credits allowed under Sections 17052, 17052.1, and line 30 17052.2, shall be excluded from the definition of income for the line 31 purpose of determining eligibility for, or calculation of benefits line 32 under, any federal public assistance program, including, but not line 33 limited to, federal childcare assistance, federal housing assistance, line 34 LIHEAP , Medicaid, SNAP , Supplemental Security Income, TANF , line 35 or WIC.

O
97 — 22 — AB 441

Consent Calendar
April 25, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Terry Taplin
Subject: Budget Referral: Berkeley Marina J&K Parking Lot

RECOMMENDATION
Refer to the Fiscal Year 2024 budget process $1.5 million for design and implementation of the Marina’s J&K Parking Lot reconstruction.

FINANCIAL IMPLICATIONS
$1.5 million in General Fund impact.

BACKGROUND
The J&K Parking Lot is utilized by residents and community members to access stored boats, commercial fishing and tour boats, and to access destinations including Hana Japan Steak and Seafood, the Berkeley Marina Sportsmans Center, the Berkeley Marina Office, and more. Without necessary improvements, visitors will be deterred, resulting in a further loss of revenue and increase of blight. The vast majority of the existing infrastructure at the Berkeley Marina, including its parking lots, was originally constructed in the 1960s and 1970s, has reached the end of its useful life, and is starting to fail. If investments are not made as soon as possible, it will cost the city more, whether through forced implementation of emergency funding or by forced closures.

The Marina Fund manages all Waterfront revenues and expenditures, but is projected to be insolvent in the next budget cycle due to a decline in revenue as a result of safety and security concerns, failing infrastructure, and the pandemic. Although the city is working on a long-term planning effort to achieve financial viability, there remains a need to address an estimated $146 million in infrastructure repairs, according to the city’s Adopted Budget for Fiscal Year 2023 and 2024 1 as well as the Adopted Fiscal Year 2023 - Fiscal Year 2027 Capital Improvement Plan 2. The City of Berkeley’s Marina Master Plan 3 includes a guiding principle of maintaining and upgrading infrastructure, including parking lots.

CONTACT
Councilmember Terry Taplin, District 2, (510) 981-7120, [email protected] 1 https://berkeleyca.gov/sites/default/files/documents/FY-2023-2024-Adopted-Budget-Book.pdf 2 https://berkeleyca.gov/sites/default/files/documents/FY-23-27-Capital-Improvement-Program_0.pdf 3 https://berkeleyca.gov/sites/default/files/2022-02/Berkeley-Marina-Master-Plan-1.pdf

Consent Calendar
April 25, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Terry Taplin (Author), Councilmember Susan Wengraf (Co- Sponsor)
Subject: Budget Referral: Berkeley Waterfront Bike Park

RECOMMENDATION
Refer to the Fiscal Year 2024 budget process $800,000 to design and implement the construction of a Berkeley Waterfront Bike Park

FINANCIAL IMPLICATIONS
$800,000 in General Fund impact.

BACKGROUND
Since April of 2022, city staff have been collecting community input to inform the conceptual design for a bike park near the entrance of the Berkeley Marina between University Avenue and the San Francisco Bay Trail (north/south) and between Frontage Road and Marina Boulevard (west/east). In addition to various comments shared via email and phone, the community input process has included a focus group, a questionnaire, and three community workshops garnering feedback from residents and community members, including youth and young adults, mountain bikers, BMX bikers, adaptive cyclists, and more.

City staff has estimated the total design and construction cost to be $1.6 million. The $800,000 in allocated funds will enable city staff to leverage additional funding that requires the city to match 50% of the total project cost.

CONTACT
Councilmember Terry Taplin, District 2, (510) 981-7120, [email protected]

ATTACHMENTS
1 - First Community Workshop Notes
2 - Public Email Comments
3 - Questionnaire Results
4 - Second Community Workshop Concept Plans
5 - Second Community Workshop Presentation

UNIVERSITY AVE BIKE PARK
COMMUNITY WORKSHOP #1 NOTES
April 28, 2022
Project Team:

Zach Wormhoudt/ Lief McKay/ Julian Simeoni / Ali Endress / Scott Ferris Attendees: Vivian Dai, Seth Watchel / Hannah from Waterside Worskshops / Anton Migdal / Alex Fowler / Skate Xp / Carlos Moria-Arias / Leif Carlson / Diego Melo / Danielle / Diago Melo / Chris Spencer / Michael Camp / Chris Spencer / Travis R / Sam B / Christina Erickson Dept Director / Sam / Vivian Dai / Tetsu Tokunaga / Seth Watchel / Sierra / Ryan Majors / Nagar Gabby / Mike / Mike M – Oakland Pumptrack / Mara Mahmood / Peter / Sam / Nicolas / Sebastian / Aaron / + others….. • Are skateboard elements a consideration?
• A skatepark would be great, there is one in Berkeley but its not street skating. There is a regional park for mountain biking 2 miles away.
• Advocating for skate plaza, hard to skate at Berkley park.. closed part of year. Want a street plaza… even if bike majority, some street skating plaza would be beneficial. • Advocating for skate in new site. Berkeley Skate Park is dated. Skate park of all ages and walks of life can all convene at a skate park. Consider having a street skate course at the site. Using existing skate park for bmx, work with Tony Hawk.
• BMX street park wanted, plus pump track. City does not have dedicated bmx park and is needed.
• Right off Bay trail, people are already there on bikes. • Build a new skate park, existing skate park takes a long time to dry. • Skateboarding – Berkeley skate park is too far from house, too many people, and no street elements.
• Support for bike park, mountain biking birth place was here, mountain biking not represented.

Would like a pump track for kids. Place for high schoolers to train to build skills for high school students, Marin high schoolers have great skills. Need training opportunities. • Had bmx jumps on water, torn down 15 years ago, asphalt preferred for little to no maintenance. If asphalt, skate boarders could use it.
• Skate Park for quad skates. Straight skating with street elements. Hybrid park? Bikes / skateboards / quad skates
• Like downwind flow. Work with wind. Drop zones…. Ladder drops…. Build up skills • Any park is awesome, long linear shape means for breaking up into areas…. Paved area for biking and skateboarding.
• Seating and other furnishings could be skate elements. Ledges.. drops, Places to sit and skate. • Want a bike park, not a skate park. Bay area has hardly any biking, skating can go anywhere.

Mixing skating and biking would make the park too complicated. • 2 daughters 7 and 12, advocating for skating friendly skate park or multi use like the one in Vallejo. Have to drive far to a skate park. Skate park is family friendly. Skating for different levels.

• Earth based features, progressive jumps, shade for resting. Should be dedicated space for bikes. • Mixed use space – paved pump track for bike and skates. Biking at Berkley skate park not allowed. Small area for ledges for skaters and possibly bikers. Paved area preferred for maintenance reasons.
• Skateboard features liked, all inclusive space for mainly mountain bikes. No street features at Berkeley skate park. Park for all users.
• Has 7 year old skater, and is a life long skater. Want little pump track for mountain bikers but want also want skate parks.
• Excited for a new park, …neighbor on 5th street. Concern for dirt park… more people that can use it for skaters and bikers. Emeryville has a long and narrow park with combined features . • Pump track preferred, paved pump track can be used by skateboarders and rollerbladers could be sued. Wooden skinny features are fun and other bike specific features. • Bike specific park preferred. Already quite a lot of opportunities for skateboarders. Advocate for pump track plus ramps, tables, gaps etc.
• Skate park essential for Berkeley community, some skate park should be included. • New skate park needed.
• Existing skate park has rough concrete. Smooth concrete for skate boarders is essential. • Want skate and bike park. Include some skate park, very supportive of it being a skate park. Do go to other areas for dirt. Want comfortable area for parents to watch with shade, shelter from wind, drink fountains. Upgrade existing Berkeley skate park. • Started this process a few years ago… other park went away, Hooked up with professor Watchel landscape arch professor, had students to design…. They came up with 3 parks for students and adults and little kids (east end), larger area in middle for adult and big kids adventure.. west end to include for adaptive cycling… this would be unique, very inclusive to have these 3 spaces. As a narrow space, lends itself to 3 spaces.
• Want more skate parks in Berkeley, existing one ok, but heavily used, need 1 or 2 more. Parking and accessibility need to be considered in this area, as well as drainage. • Son loves skateboarding, not a lot of opportunities for street skating. Skating has uplifted many kids in pandemic, opportunity for another environment, share space for whole community • Berkeley skate park, enjoyed time, but has fallen there… but compared to other space… other parks a little something for everyone. Berkeley skate park takes too long to dry. No street skating at Berkeley skate park. Doesn’t want to drive too far to other skate park. • Roller skaters in Bay Area. Like mini half park at other park, and is very smooth. No skate park close to them that is smooth. A lot more roller skaters now, would like half pipe. • Mountain biker, mountain biker coach. City should fix Berkeley skate park. Narrow space, not a lot of options, jump line would work well. Breaking up into 3 zones would work. Need more bike access.
• Skateboarder advocating for skateboarding, existing park very rough. Berkeley doesn’t have any street skating.
• Want street skate park. Berkeley is just a few bowls. • Shade for parents, Stafford lake did a good job on elevated wood features, wide features not too tall for learning like Stafford lake.

Bike Park Comments Received: May – July 2022
From:

Chris Spencer <[email protected]>
Sent: Thursday, May 12, 2022 2:18 PM
To: Endress, Alexandra <[email protected]>
Subject: Berkeley Bike Park- Awareness of Limited Vehicle Parking WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Hello,
As a Ber
keley resident, member of the Cal Sailing Club, Member of the Berkeley Paddling and Rowing Club and also a mountain biker, I do want to bring attention to the limited parking at the Berkeley Marina. A benefit of a bike-only park will be that cyclists can ride using the existing bike path to the bike park. A concern I have if the park is to be made for uses requiring car-tr ansportation, is adding to the
already congested vehicle traffic at the marina. Thanks for your consideration. -Chris
--
C
hris Spencer | Director of Outcomes, Risk and Safety
He, Him, His.

National Interscholastic Cycling Association
2414
Sixth Street, Berkeley, CA 94710
d 510.524.5464 Ext. 705
www.nationalmtb.org
We bui
ld strong minds, bodies, character, and communities through cycling.

From:

Ben Paulos <[email protected]>
Sent: Thursday, June 2, 2022 11:38 AM
To: Endress, Alexandra <[email protected]>; Ferris, Scott <[email protected]> Subject: Other examples of bike parks

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

Ali and S
cott,
I got
an email from other fans of bike parks, with a couple examples of state-of-the-art bike parks built in Bentonville, Arkansas. (If o
nly we had a massive global corporation headquartered in Berkeley to pay for nice things! And plenty of free space!)
https:
//www.thejonescenter.net/bike-park
http
s://americanrampcompany.com/projects/runway-bike-park-springdale-ar/ Note
that the The Jones Center park has three separate areas: Pump Track, Skills Course, and Bicycle Playground.

Note to
o that their pump track is paved — "one of the largest asphalt tracks in North America.” I have the suspicion you are going to be less interested in a pure dirt facility, given the maintenance needs and proximity to the Bay water. I wonder if crushed granite would be a nicer surface for biking, giving it more of an off-road feel without as much maintenance or damage when wet. Though I have no idea of the durability or maintenance of that (or any other) surface, so I leave it to you experts. (By t
he way, you may have heard that Dirt World in Richmond got a big state grant. I assume they are going to spend it on some better surface. You might see what they are planning.) I sligh
tly prefer making the big kids & adults part a “skills park” rather than a “pump track” since it gives more of biking experience. But I am strongly in favor of a bicycle playground for little kids on the east end of the parcel, and an adaptive cycling area on the west end, as Seth Wachtel & students laid out in their plan. I think those parts are excellent and are very responsive to Berkeley needs and values of inclusivity and access.

We ce
rtainly heard a lot at the meeting from the skaters and skateboarders about a “street skating” setup. I can see why they would want that but I don’t see how the bike park can serve both purposes. It is quite far away from where anyone lives, which means most or all of the skaters will drive or be driven there, which goes against City goals to reduce car emissions and traffic. The only parking will be in the new Brickyard Cove lot. Bikers can of course bike there along the Bay Trail. And in basic terms of fairness, we already have a skatepark, even if it is not their favorite; and we have no bike park.

On a
more symbolic level — the City is building more protected bike lines, recently on Milvia, coming soon on Hopkins and the San Pablo Corridor. The ballot measure this fall may put significant money into Complete Streets, which will accelerate pursuit of the bike master plan. I see the bike park as part of that future vision, to promote a non-car culture for our low-carbon future. The bike park is the playful part of the vision. So I see it as more than just a fun thing for kids, but as part of how we instill values in future generations. I don’t see where skaters fit in that bigger vision.

But, g
iven the smaller footprint of a street skating facility, like the one in Emeryville, I wonder if it can be located somewhere in the center of town, like near a school or pool or existing park. (San Pablo?) I’ll let them scout out spots, I’ve been through that with the bike park.

Anyw
ay, take a look at those examples, and thanks for all the forward progress. - Ben P
aulos
<><><><><><><
><><><>
Bentham Paulos
PaulosAnalysis.com
[email protected]
Cell: 510-912-3001
Twitter: @benpaulos
From:

Peter M
artin <[email protected]>
Sent: Thursday, May 12, 2022 4:25 PM
To: Endress, Alexandra <[email protected]>
Subject: In Support of the Berkley Waterfront Bike Park WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Hi Ali,
Than
k you for your consideration of an East Bay / Waterfront Bike Park. This is something that I am wholeheartedly supportive of.

Why?
• There is not a comparable facility anywhere close and would therefore have big positives impacts on the local Berkeley community and economic development by bringing in resources and money
• NorCal is an outdoor biking mecca and it makes sense to represent that only miles from where mountain biking was invented
• This is a tremendous opportunity to invest in positive health and wellness of the community and it shouldn't be missed
• A bike park like this could have positive downstream benefits of helping to reduce congestion on shared bike and hike trails and providing an outlet for youth in the community I look forward to learning more about this opportunity and thank you for considering and working towards this.

Thanks,
Pete
--

Pete Martin
Senior, Brand & Product Marketing
Cruise
From: Ju
lian Henry Alcala <[email protected]>
Sent: Friday, May 13, 2022 11:30 AM
To: Endress, Alexandra <[email protected]>
Subject: Berkeley Bike Park
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Hi Ali,
I cannot tell you how excited I am about this project. Do you know the timeline on such a project? What completion date would be? Also can you speak to the interest of this project? I know many people who have filled out the survey. Do you have a count on responses? Would love for this project to gain traction. Anything cyclists in Berkeley can do to help make this a reality? Thanks again. -Julian Alcala
From:

Joel S
hrock <[email protected]>
Sent: Thursday, May 12, 2022 2:47 PM
To: Endress, Alexandra <[email protected]>
Subject: Bike park ideas - Images
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Hi Ali,
The mee
ting went great last night. I'm pretty sure the
goal was to discuss design of the bike park and not
to rally for the cause, so we didn't blast it out to the 10,000 members in our Bay Area Mountain Biking group. I figured it would be better to have more focused design input.

I gues
s I should have stated in my intro that I'm the advocacy lead for the 10K member group to help add perspective to the skateboarders requests. It seems it got out into some local skate groups and I can hardly blame them for wanting another facility to use.

I've b
een working up a list of design ideas/ guidelines that I think would help position the park for success. I've been to a lot of bike parks. Pleasanton, Lake Stafford, Truckee (the best in the US), Incline village, Bellingham, Whistler, Lake Cunningham and have learned a fair bit from each of them. Here's an outline of what would be nice to have in the park and different skill zones.

Overall
needs:

• Sitting area with shade for parents/ grandparents to watch over their rider (not mixed with skateboards)
• Bathroom
• Water
• Jump lines flow eastward, down wind.

Green z
one: (push bikes/ early riders)
• Easy pump track. Paved is nice, like at dirt world. A little bigger though. • Easy features, like a 2"x6" "Skinny" laying on the ground.

Blue Zone: Progressing intermediate riders
• Intro jump line(s): (see Pleasanton Bmx park blue zone) o Roll-in to gain speed. wood or dirt.
o 2-4 jumps in a line. 2'-3' high with 3'-4' table tops o All dirt lips and landings okay, wood lips hold shape better. o Berm at the end to turn back to the start
• drop zone: (see Truckee bike park drop zone)
o Could use the same roll-in as jumps
o 4 drop options. 6", 9", 12", 15"
 Could be rock drop, or wood ladder
• Balance Skills: ( Stafford Lake skill zone is great)
o 20" wide wood features to ride over (could be on the way back to the roll-in)  Rollers
 Angle up/down
 Teeter totter
 turning pathway with a drop
Black zone: Advanced riders
• Roll-in, if dirt, please add steps. Wood is okay too. • Jump line. (see incline village bike park)
o Wood lips are much better. kids trample dirt lips and wear them down. o 4' -5' lips, 5'-10' tables. Dirt landings
• Larger drop zone would be cool.
o 2', 3', 4' drops
o Downhill dirt landings
o Could have a ramp to landing, so riders can build up
 Rollable (both wheels), manual (rear wheel), send (air over ramp) o The ride back area to the roll-in could have pumpable rollers on it, like an in-line pump track.

Construction: Good dirt is crucial, and hard to assess some times. Dirt world struggles, There's not enough clay in their dirt so it crumbles and causes loss of traction. They had to do a treatment, like watered down Elmer's glue, but I think it was only marginally successful.

Pavi
ng the pump track with blacktop is a way to ensure it holds up well, as well as Wood lips for jumps. I highly recommend wood lips for the black zone. Kids smash the lips at dirt world by walking on them.

Many ride the gaps like rollers, just to see if they can.. It destroys the jumps.

415-225-6420
S
hrockie LLC
6050 Lowell St. #112
Oakland, CA 94608

Compacted gravel with ce ment mixed in is something new.. The waterfront bike park in Bellingham, where it rains a lot, was constructed with this method. It really helps hold things in place. If you would like, I can get you the actual material content there, as my buddy Eric Brown runs the Whatcom County Mountain Bike Alliance that got it approved and built.

I've attached some photos to show the wood lips at Incline, the drop zone at Truckee and the balance skills at Lake Stafford.

I hope all of this is helpful! Please let me know if I can help out in any way.

Best,
Joel
__________
Joel Shrock

-----Origin
al Message-----
From: RobinKibby <[email protected]>
Sent: Thursday, May 12, 2022 3:27 PM
To: Endress, Alexandra <[email protected]>
Subject: Berkeley Bike Park-hooray!

Som
e key features to consider including:
• Provide a progression of features to enable safe experiences for new riders to begin and build their skills with progressively more challenging features. Unplanned jump lines or features often progress a builders skills progress and don't provide as safe an experience for new users. A planned and designated area has the advantage of providing a range of experiences to match varied skills and allow development in a safe manner.

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

Hi
I’m so happy berkeley is evaluating a dirt park for bike riding.

Our middle schooler recently joined Oakland Devo bike club and the pump track has been helpful for beginners to practice and build confidence and have fun on a mountain bike. Our younger child loves it too! Biking is good for their mental and physical health, and I hope more kids have access to this great sport.

Having a park in central berkeley would make the sport more accessible since it’s easier to get there, th
an up into the hills, and more kids and adults can get outside.

Oakland devo said the JMP pump track build was quick, but permitting took 5 years! I encourage you to talk to them to find out how to expedite the process. The sooner kids can ride the better.

I hope you’ll also consider how to protect the area from crime, given the recent gunpoint robberies.

Sincerely
Robin kibby
Berkeley
From: Scott Bartlebaugh <[email protected]>
Sent: Thursday, May 12, 2022 1:38 PM
To: Endress, Alexandra <[email protected]>
Subject: Support for Berkeley Waterfront park
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Ali,
I'm writing to provide support for the Berkeley Waterfront Bike Park Project on behalf of the Bicycle Trails Council of the East Bay and our 300+ members. A bike park at the waterfront would be a great asset to the youth and adults of Berkeley providing a safe place to ride, recreate, receive benefits to physical and mental health, build community, and conserve the environment with a planned park in a designated location.

• Consider a paved facility for features that allow it such as pump track features. While the initial cost of construction is more than dirt features a paved track provides and more consistent and lower maintenance facility and better serves the community with a long term lower cost of ownership and better experience.
• Consider a 'bicycle playground' area that is geared to the very youngest of riders that are on 'strider' type bikes. This can be a very small footprint but is an excellent way to connect with the youngest members of our community and better serve families with children of all ages. • I've heard there is interest from the skate community on having access. Where possible to design such that features are accessible to both skaters and bikes it would help serve a broader segment of the overall community. Many paved pump tracks also find interest from riders on scooters as well expanding the range of users.

We thank the City of Berkeley for considering this project and hope it becomes a reality. If there is some way the Bicycle Trails Council of the East Bay can help out please contact us. We have been active for decades doing trail work in Joaquin Miller Park in Oakland and in the East Bay Regional Park District. We are also active in the Oakland Pump Track at Joaquin Miller Park and have contributed volunteer maintenance days at Dirt World in Richmond.

Regard
s
Scot
t Bartlebaugh
Advo
cacy Director, Bicycle Trails Council of the East Bay
www.btceb.org
From:

Heath Maddox <[email protected]>
Sent: Thursday, May 12, 2022 11:49 AM
To: Endress, Alexandra <[email protected]>
Subject: Community Bike Park
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Hi, this is something I've been trying to follow, but finding it challenging! I was just forwarded your survey by the head coach for Wildcat Composite MTB Club, the Berkeley/Albany/El Cerrito middle school team, but it was just to the survey and had very little info.

I thi
nk he probably got a tip from BTCEB. I started googling and searching on the City's website and came up with this stake
holder interest form which has your contact info, but was very sorry to learn that I and presumably all the families of the Wildcat team who live in Berkeley missed public workshop #1 yesterday. These families are your prime audience and should be involved! Also, the Bike Park Project Info link on the stakeholder interest form (https://www.cityofberkeley.info/PRW_CIP/ ) is broken, so there's no way for people to find out more about the project online!

Thanks,
Heath Maddox
1565 Rose St, Berkeley, CA 94703
From: David Taylor <[email protected]>
S
ent: Thursday, May 12, 2022 9:03 AM
To: Endress, Alexandra <[email protected]>
Subject: Bike Park Comments
Hi Ali,
I was on the call last night but when you called on me I had my microphone turned off! Just wanted to get my comments in here.

I’m an avid mountain biker and have been to 5 different mou ntain bike parks.

Progressive drops that get higher with sloped runout would be great – these can’t go to a flat landing.

Jump lines that get progressively longer/higher would be great, but again, there needs to be a pretty high starting ramp to gain speed, and that speed will dissipate over the flat ground there so there needs to be room to pedal between jumps or there needs to be another ramp after, say, 3 jumps. That is, you start down a ramp (dirt or wood), go over a few jumps, then bike up a gradual ramp to another drop in.

IN the bike parks I’ve been to, the difference between easy and intermediate is immense. More gradations would be helpful! Also, the South Lake Tahoe mountain bike park has a stand alone tall jump similar to those on the adv anced line that has a run out on the back covered in deep wood chips. This was useful in transitioning from the beginner jumps to the more advanced ones.

The biggest obstacle with the jump lines in the flat ground - all jump lines I’ve seen slope downward to help the rider maintain speed. Think about how the rider will maintain speed down the track.

That’s it! Great idea and will love to see it built.
-David Taylor
Fro
m: Endress, Alexandra
Sent: Wednesday, May 11, 2022 1:51 PM
To: Kate Campbell King <[email protected]>
Subject: RE: Bike Park question: skate area?
Hi Kate,

Thanks for reaching out. Skateboard elements are on the table for discussion, but the highest priority goal for this space is to accommodate mountain bikers and BMXers, given that the City already has an existing Skateboard park.

From: Kate Campbell King <[email protected]> Sent: Wednesday, May 11, 2022 1:30 PM
To: Endress, Alexandra <[email protected]>
Subject: Bike Park question: skate area?
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

I am interested to know if there will be
a portion of this area allocated to skaters (skateboarders, inline skaters, etc). We have nearly no resources in the Berkeley park system for skaters, and there are more and more kids getting into these sports.

Please let me know how I could get involved with the overall design to make space for skaters, too.

Kate
Kate King
2001 Los Angeles Avenue
510-219-2861
[email protected]
From: Kevin Brown <[email protected]>
Sent: Friday, April 22, 2022 7:12 AM
To: Endress, Alexandra <[email protected]>
Subject: Bike park
WARNING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Hi I’m happy to hear that the city of Berkeley is going to get a very much needed bike park! I’m hoping there will be a large section of jobs very similar to what the city of Berkeley tore down that the high school kids built? Is there a reason the focus group is only for young kids when there are tons of adults in the bay area in Berkeley that need a bike park? I am a volunteer bike park builder so I would very much like to be involved with the design. Please let me know any more info you can provide me with and how I can be involved. Thank you.
-Kevin
-----Original Message-----
From: Aleta Abrams <[email protected]>
Sent: Thursday, April 21, 2022 5:49 PM
To: En
dress, Alexandra <[email protected]>
Subject: Berkeley Waterfront Bike Park

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

Good id
ea! Can you please add me to your emailing list?
-----Origin
al Message-----
From: Aleta Abrams <[email protected]>
Sent: Thursday, April 21, 2022 5:49 PM
To: Endress, Alexandra <[email protected]>
Subject: Berkeley Waterfront Bike Park
WARN
ING: This is not a City of Berkeley email. Do not click links or attachments unless you trust the sender and know the content is safe.

Good id
ea! Can you please add me to your emailing list?

City of Berkeley ~ Waterfront Bike Park
Design Questionnaire Results
The City of Berkeley is partnering with RRM Design Group and Wormhoudt Incorporated to develop a new Bike Park along University Avenue and the San Francisco Bay Trail, between Frontage Road and Marina Boulevard.

An online Design Questionnaire gathered participant demographics and solicited input for the design of the Bike Park and related site improvements. The Questionnaire was accessible to the public from April 20, 2022 through May 15, 2022. The Questionnaire had 402 total participants. The results of the questionnaire are documented on the following pages.

List three (3) things you believe are important for the design of the Berkeley Bike Park (An example being: flow, separate areas for separate skill levels, built features). Any ideas are good!
Bike Playground for little kids on the east end, close to cafe, with benches and drinking fountain.

Skills park in the middle for big kids and adults. Adaptive cycling area on the west end.

Progressive drops
Progressive Table Tops
Kids Pump Track
Wood skills features, slightly elevated.

Prioritize as much pump track as possible over other features such as jumps or skills. I would be stoked if the whole thing is a pump track.

Pump track, tabletop line, gap line
Nice flow. Berms that are steep enough to lean on. A assortment of table top jump sizes for intermediate riders to build confidence.
an asphalt pump track for easy maintenance.

Skills, Flow, large pump track. Truckee bike park is a good model Separate skills areas
Flow, progressive jump lines, skills areas like rock gardens, wall rides, etc Separate zones with a clear skills progression. Kids zone w/ picnic tables or family viewing, range of length options (pump tracks and flow trails support each other. Check out Stafford Lake for reference) various areas for different skills
Good flow. Appeals to a range of skill sets. Ability to mix and match routes to change it up.

Bike playground, pump track, jumps
Progression features, like small to big drops
Pump track.

Different skill levels. Clear areas (and rules) for learners/little kids and experts -- for the safety and enjoyment of all. Water to help keep park in shape. Areas to rest (e.g., picnic tables). (Truckee California park is an EXCELLENT example of a great park).

Bike parks tend to be free form, meaning you can ride them in any direction. This park should expect very high visitation due to the close proximity to a very large bike population. The bike park will thrive if it is well planned. Features that will be nice to have - The usual pump track with big berms to practice body position in addition to the bigger draw of jumping. All the kids want to jump but lets do more than create jumps. Include a Skills area, meaning raised wood planks to ride on as seen at Tamarancho and other bike parks. 2. A place for the kids and adults to sit, watch, gather. 3. Trash cans and a maintenance crew to keep it looking good.

Built features, range of skills, flow option
Flow trails, a mix of technical downhill and uphill, and a pump track.

Progressive features ( sml , med, lrg).

Rideable on any bike, or separate areas for different disciplines.

Ease of maintenance.

Flow trail, pump track, small to progressively larger features Flow trail; jump features that vary in size (small, medium, and large sets) to help riders progress in their skills

Flow, pump track, progressive jumps
pump tracks, jumps for different skill levels
A pump track, jump lines for kids, obstacles to ride over.

The fake rock garden features are truly a waste of money. Wood ramp take offs and dirt landings will be most cost effective. Modeling the park after the Lake Cunningham park and Lake Stafford park will give Berkeley youth and the surrounding mountain bike community equitable resources that are truly within a bike rides distance.

A variety of skill levels and the ability to work up to larger features, a flow area, shade.

Engaging infrastructure for a variety of ages & levels
flow, separate areas for separate skill levels, built features FUN, progressive challenges, bathrooms
Flow, jump line, skill building area
Flow trail, table top jumps, gap jumps.

Pump track, separate skill levels, jumps
separate areas for separate skill levels
Accessibility for all kinds of bikes(not limited to BMX/DJ) Fun features that aren't boring
separate areas for different skill levels, pump track, jumps, water fountains factor in wind, interesting features for everyone which are creative, works with long bikes Pump track, dirt jumps, features to challenge experienced riders multiple jump lines with varying difficulties
paved pump track
good roll in for jumps
All different sizes if everything. Diversity of obstacles to make sure everyone feels like they can learn and improve and a friendly environment
Beginner, intermediate and expert area. Regular maintenance, instruction Burns, flow,
Fun obstacles, different area for advanced riders, jumps Flow, different features for different skill levels
Flow, Jumps, Pump Track
Flow trails, pump tracks, tabletop jumps, as well as water and restrooms and a bike pump/multi tool station
Flow. Different skill levels. Practice track including turns to teach new riders Drop features, jumps, pump track
Separate areas for different skill levels, a large range of difficulty in features Good transfer lines, bike handling skills obstacles, shaded resting areas Separate jumps that progress from easy to expert
Flowey pumptrack
Wind management. Marina is windy
Definitely separate areas for separate skills/levels of competence so that riders can have a progression from easy to hard. Pump track, rollers, jump line. A water source (drinking fountain/bottle filler) would be great. Shade would be great (at the ends of jump lines where people tend to wait).

Pump track, jumps with both gaps and tabletops, and multiple runs for different levels

1. Mountain bike specific jumps

2. Pump track

3.bmx dirt jumps
Partnership with East Bay Parks and NorCal Interscholastic Cycling Association (NICA) for enough land to open an MTB cross-country course as riding and race venue for K-12 teams (such as Berkeley High) and using the parking at the Berkeley Marina and/or Golden Gate Fields to host actual NICA races.

I believe that varying skill level jump lines are very important. The easy(green) line should be east enough for people who have ridden a bike very little, and the difficult(black or double black) line should be hard enough for advanced riders to be challenged and have a good time.

Accessible, fun, challenging
Pump track and progressive jumps
Lots of features, skinnies, drops, etc.

Having it be all legal inclusive! Have set rules to help keep the bike park safe! Make sure it’s super fun and has features and of course a flow trail or pump track! I think all features should have progressions so it’s easy for many types of riders to learn. Features should include flow trails, skills area, pump tracks, dual slaloms, dirt jump lines.

Jumps and features
several levels of trails in order to build skills, trails with larger but forgiving features in order to build confidence
flow trail, wooden features, jump line
Kids flow trail, progressive jump line, and pump track
Clear difficulty ratings, a variety of jumps and flowy features and a communal bike tool set near the park entrance
Good sized jumps with progression from easy to hard. Mainly tables for safety A two lane pump track like Bellingham Washington has. Progressive jumps. Accessible feature in sections so anyone can ride.

Flow, built features that (for the most part) can be skipped), a way to get speed easily even if your bad at pumping (just a high elevated point), and jumps
I have been to many bike parks and the difference between intermediate level runs and beginner runs is really large. There should be smaller gradations between levels. The South Lake Tahoe mountain bike park has some tall kickers with soft mulch landings for intermediate riders to make the transition to big jumps. And finally, it's important that the jump lines slope down from the start - Dirtworld in Richmond is too flat. There needs to be a hill to descend to get speed to start, then a means of maintaining speed through the course.

Tabletop jumps, pump track, well built burmed corners
Pump track, skill building, jumps for all levels
Separate areas for different skill levels, features for experts, jumps Flow definitely. For jumps/box different skill levels: beginner, intermediate, advanced.

1.)Medium sized dirt flow trail

2.)Pump tracks (one for BMX, and one for MTB)

3.)Small to medium wooden features such as drops, kicker ramps, and rollers Separate areas for differing abilities
Separate areas for different skill levels including an area for kids just learning to ride Different places for different levels, area for adults, and an area for kids

Graduated skills features (not necessarily separate - like s, m, large jumps), burmed flow trail, fun built features (skinnies, teeter totter, wall ride)
Separate skill areas, pump tracks, mix of gaps and doubles it would be nice if there were special features like a whale tail, or a box jump. separate areas for different skill levels and activities would be good. flow would be wonderful, but jumps would also be really good (table tops?). skills courses with skinnies and drops would be unique.

Jumps, skinnies, wall rides
Progressively more challenging features. PLEASE! include a Pump Track -easy to build, very fun for all skill levels and safe (no jumps). Come up to Joaquin Miller to see the one that we built with 100% volunteer money and labor
A facility that is physically attractive to riders and non-riders alike Areas that are designated by skill level
Combination of BMX jump/ pump track + mountain bike circuit "green", "blue" and "black" rated features for progression; pump track (possibly paved for durability) suitable for mountain bikes; jump line(s)
Separate loops for different skill levels. Flow is always nice, and it's good for skill development.

Well built features of ranging size
Accessibility to young people and beginner riders, multiple path types: paved and dirt It would certainly be a boon if a cyclocross track was a possibility in the design, the bay area is running out of venues for CX. I'd like pump/flow trails also. I'm CX/MTB focused.

Take a look at the SF Mclaren Park pump track. It is a good example of a bike park that is under- utilized due to its small size and lack of variety in the experience levels of the lines (I think it only has 1 or 2 lines). I would love to have access to a bike park that encourages progression as a rider, with jump and skill lines for riders to hone their skills.

Areas for progressive skill learning, beginner to expert +. Ways to link several sections to create a longer course. Include a cyclocross circuit suitable for a full race (1.5 to 2 mile circuit with stairs, elevation changes.

Pump track, progressive jumps, year-round riding
Features and Flow.

Progressive features for different skill levels
Progressive jump lines, Table tops, MTB challenge features Dirt and Asphalt surfaces with pump track; separate courses for beginning, intermediate, advanced riders; BORP Adaptive Cycling bike park zone
Features for all skill levels and proper maintenance.

Children’s pump track, skills area, progressive jump lines Each feature should ideally have multiple skill levels (easy, intermediate, hard) so riders can progress.

Mechanic station. Flow trail.
jumps, drops, pump track
a progressive jump line to help people get better, a nice pump track, and separate lines for separate skill levels
I believe it should be a shared park that has room for bikes and skateboards. Berkeley needs street features and a new skate park. Look at lake Cunningham in San Jose as inspiration.

Good flow, progressive jump lines, sturdy construction
Areas for kids, all the way to advanced riders. A safe place to gather. A place to grab a coffee!