Agenda packet, first session — Berkeley City Council, July 25, 2023 (part 5 of 8)

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

AUTHORIZE THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH AC

TRANSIT TO PROVIDE FUNDING FOR TRANSIT SHELTER MAINTENANCE WHEREAS, Alameda-Contra Costa Transit District (AC Transit) has taken ownership of bus shelters located within the City of Berkeley (City), after a previous contract with a maintenance and advertising firm ended; and
WHEREAS, AC Transit has entered into contracts with firms to provide advertising and maintenance services on transit shelters throughout their service area, including 51 shelters located in the City; and
WHEREAS, AC Transit has requested that each jurisdiction where bus service is provided pay the annual costs of maintenance services proportional to the number of transit shelters in each jurisdiction; and
WHEREAS, in support of the Transit-First Policy (Berkeley General Plan Policy T-4), the City seeks to enter into an agreement to provide funding to AC Transit annually to support ongoing transit shelter maintenance efforts; and
WHEREAS, the City of Berkeley has identified $22,000 per year, or a total not to exceed $110,000 over five years, to fund maintenance of transit shelters within the City, available from the Alameda County Transportation Commission Measure BB Local Streets and Roads fund.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to negotiate and sign an agreement with AC Transit to provide annual funding for the upkeep and repair of existing transit shelters.

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Transit Shelter Maintenance Annual Cost Per Jurisdiction Last Update: 3/29/2023
READ FIRST:
* Total costs are highlighted in orange
* Maintenance costs may change depending on shelters added, removed, and unscheduled cleanings * Costs do not include map replacements or AC Transit staff costs * Share of maintenance costs can reduce if 65% ad revenue share comes higher than MAG * 276 Total Transit shelters. However, costs do not include 6 shelters owned by AC Transit along 20th St/Thomas L. Berkeley Way in Downtown Oakland.

Jurisdiction Ad Kiosk Ad Shelter Non Ad Kiosk Non Ad Shelter Grand Total Percent Total
(Maintenance)
Percent Total
(Advertising Panels)
Annual
Maintenance Cost
per Jurisdiction
(Scheduled +
Unscheduled)
Annual
Maintenance Cost
per Jurisdiction
(after MAG)
AC Transit 6 6 2.17% 0.00% 18,500.43$ $ 18,500.43 Alameda
Unincorporated 21 21 7.61% 8.94% 64,751.52$ $ 2,198.33 Albany 9 9 3.26% 3.83% 27,750.65$ $ 942.14
Berkeley 46 5 51 18.48% 19.57% 157,253.70$ $ 20,232.42 El Cerrito 1 5 6 2.17% 0.00% 18,500.43$ $ 18,500.43 Fremont 49 49 17.75% 20.85% 151,086.88$ $ 5,129.44 Hayward 52 11 63 22.83% 22.13% 194,254.57$ $ 39,360.95 Newark 13 2 15 5.43% 5.53% 46,251.09$ $ 7,527.68 Richmond 2 4 3 9 3.26% 2.55% 27,750.65$ $ 9,878.31 San Leandro 30 2 5 37 13.41% 12.77% 114,086.01$ $ 24,724.31 San Pablo 9 1 10 3.62% 3.83% 30,834.06$ $ 4,025.55 2 233 3 38 276 100.00% 100.00% 851,020.00$ 151,020.00$ Annual Maintenance Cost
Scheduled 816,960.00$
Unscheduled 34,060.00$
Total 851,020.00$
Minimum Annual Guarantee (MAG)
Advertising MAG 700,000.00$
Calculation Breakdowns:

Percent Total (Maintenance) = Grand Total / Total Transit Shelters Percent Total (Advertising Panels) = (# Kiosks + # Advertising Shelters) / Total Advertising Shelters Annual Maintenance Cost per Jurisdiction (Scheduled + Unscheduled) = (Annual Maintenance Cost Scheduled * Percent Total Maintenance) + (Annual Maintenance Total Unscheduled * Percent Total Maintenance) Annual Maintenance Cost per Jurisdiction (after MAG) = (Annual Maintenance Cost per Jurisdiction Scheduled/Unscheduled) - (% Total Ad Panels * MAG Total)

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

CONSENT CALENDAR
July 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. 32100127 Amendment: Benefit Resource, Inc. for Third-Party Administrator of the Employee Commute Benefit Program

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract amendment with Benefit Resource, Inc., (BRI) to provide third-party administrator services for the City of Berkeley's Employee Commute Benefit Program for a new amount not to exceed $50,000 with a total contract not to exceed of $100,000 and extending the term through February 28, 2025.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the Commute Benefit Program is budgeted annually in the Payroll Deduction Fund (Fund 013). Annual program administration costs of $18,650 were incurred in FY 2023. This annual amount has increased since the original estimate of approximately $14,000 per year when the original agreement was established. The increase is driven by the number of employees participating in the commute benefit program. In addition, the monthly rate charged by BRI per participant increased in April 2023 from $3.00 to $3.25 and was noticed in January per terms of the agreement with BRI. The recommended amount reflected in Amendment 2 reflects continued anticipated growth in the program usage by City employees as well as the April 2023 monthly rate increase applied over the remaining contract term.

Agreement Amount (Contract 32100127)………………………………………..$28,974 Amendment 1 (through February 2024).………………………………………....$21,026 Current Recommended Amendment 2 (through February 28, 2025)..………..$50,000 New not to exceed Total $100,000

CURRENT SITUATION AND ITS EFFECTS
The City received five responses to a Request for Proposals for a Third-Party Administrator for Commute Benefits issued in September 2020 (Specification No. 20- 11404-C). The City received strong applications in a very competitive process from many vendors experienced in the provision of third-party administration services for Transit Accounts. Proposals were reviewed by a staff committee drawn from

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Contract No. 32100127 Amendment: Benefit Resource, Inc. CONSENT CALENDAR for Third-Party Administrator of the Employee Commute Benefit Program July 25, 2023

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Department of Public Works Administration and Transportation Divisions; Human Resources Department; and Finance Department Payroll Audit Division. The panel evaluated the proposals, vendor qualifications, and submittal packages. BRl's scores and interview ultimately proved it the most responsive and responsible proposer. Thus, staff selected BRI for a professional services contract to help the City meet a pivotal business need, and provide a key service to our employees. City Council authorized the initial contract with BRI on December 15, 2020 (69,664-N.S.), executed on March 24, 2021, in the amount of $28,974, with an initial contract term of April 1, 2021 through March 30, 2023.

On November 3, 2022, staff executed a first amendment to extend the term of the agreement with BRI through February 28, 2024 and increase the authorization to $50,000, to continue the Commute Benefit service for City employees.

In January 2023, a notice was received from BRI stating that the per participant monthly rate for services would be increasing in April 2023. By June 2023, the amended $50,000 not to exceed limit has been reached earlier than anticipated. This occurred before the amendment extension date of February 2024 because the amendment increase did not account for employee participation growth. Additionally, some pending invoices from BRI for commute benefit services were immediately applied to the new contract authorization limit, decreasing available funds through the rest of the contract term. A new amendment is needed to continue uninterrupted commuter benefit services for employees.

The attached resolution authorizes a new amendment to increase the contract in the amount of $50,000 for a total contract not to exceed $100,000 and extends the term through February 28, 2025. The authorized amount addresses the vendor’s appropriately noticed increase in costs and current employee participations levels in the program and allows for some projected growth in employee participation over the new contract term.

The current proposed amendment with BRI to continue the Commute Benefits contract supports the City's Strategic Plan Priorities by encouraging employee use of mass transit, which advances the City's goals of becoming a global leader in addressing climate change and protecting the environment, and also supports our goal of attracting and retaining a talented and diverse City government workforce.

BACKGROUND
The City of Berkeley's Employee Commute Benefit Program has been extant since its establishment in 1993. It incentivizes eligible City of Berkeley employees' use of mass transit and bicycles to commute to work. This program is consistent with the City's General Plan: Transportation Element Policy T-10, which calls for increased transit use and alternative travel modes.

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Contract No. 32100127 Amendment: Benefit Resource, Inc. CONSENT CALENDAR for Third-Party Administrator of the Employee Commute Benefit Program July 25, 2023

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In October 2009, the Berkeley City Council adopted Ordinance No. 7,113-N.S.1, Tax Relief Action to Cut Commuter Carbon (TRACCC), which added BMC Chapter 9.88 mandating an employer-provided Commuter Benefit Program. This regulation requires employers in the City of Berkeley with a total of 10 or more employees in all their locations, including those outside of Berkeley, to offer commuter benefits to their employees.

Benefited employees may opt to deduct pre-tax dollars from each paycheck in any amount up to a monthly maximum of $270, as allowed by the Internal Revenue Code Section 132(f). Employees may also receive a $20 monthly post-tax bicycle benefit subsidy.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Commute Benefit program encourages use of mass transit, shared ride vehicles, and bicycles for City employees commuting to and from work locations. It directly contributes to reductions in the use of single occupancy vehicles for work and recreational travel. This in turn, reduces carbon emissions, and especially greenhouse gasses, which is a goal of the Berkeley Climate Action Plan. Use of mass transit also reduces vehicle traffic, parking demand and congestion near City offices and work sites.

RATIONALE FOR RECOMMENDATION
Benefit Resource (BRI) provides administration of tax-free benefits programs including Commuter Benefit Plans. The company was founded in 1993, and is headquartered in Rochester, New York with additional offices and dedicated support throughout the country. Most importantly, BRI provides the City a dedicated Bay Area customer service team that includes an account manager, implementation specialist and dedicated client services specialist to provide employees with one-on-one client care through a dedicated, and robust customer support system.

BRI is well positioned to provide the City of Berkeley comprehensive specialized participant, and backroom operations support for enrollments, education and program design. The company also offers made-to-order marketing materials for more effective participant outreach, and customized reports on demand for more agile program management, participant enrollment and increased digital platform accessibility.

BRI has its own proprietary technology and can accommodate design changes and improvements as requested by clients. The company pioneered multi-purse Beniversal® Prepaid Mastercard® technology in 1999, and today offers compatibility with the following digital wallets: Apple Pay®, Google Pay®, Samsung Pay®. BRI offers City of Berkeley employees continued Commute Benefit program excellence, and a more user-friendly digital platform. Employees shall continue to have access to their accounts online, by telephone, and through a mobile application. Participants are able on demand to view account balances, transactions, and claims information; submit claims/receipts; update login info, contact information, direct deposit, card activation;

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Contract No. 32100127 Amendment: Benefit Resource, Inc. CONSENT CALENDAR for Third-Party Administrator of the Employee Commute Benefit Program July 25, 2023

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sign-up for real-time text or email alerts regarding account balance or activity; download forms, plan documents; enroll in the plan; or change their elections.

ALTERNATIVE ACTIONS CONSIDERED
The City Council may decline to authorize a contract amendment with BRI. This would require staff to modify and reissue an RFP for Third-Party Administrator of the Employee Commute Benefit Program and cause a gap in commuter benefit services for employees.

CONTACT PERSON
Sean O’Shea, Administrative & Fiscal Services Manager, Public Works Department, (510-981-6306)
Attachments:
1: Resolution

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

CONTRACT NO. 32100127 AMENDMENT: BENEFIT RESOURCE, INC. FOR THIRD-

PARTY ADMINISTRATOR OF THE EMPLOYEE COMMUTE BENEFIT PROGRAM CONTRACT AMENDMENT: BENEFIT RESOURCE, INC. FOR THIRD-PARTY

ADMINISTRATOR OF THE EMPLOYEE COMMUTE BENEFIT PROGRAM
WHEREAS, the City issued a Request for Proposals for a Third-Party Administrator for Commute Benefits issued in September 2020 (Specification No. 20-11404-C) to meet a pivotal business need, and provide a key service to our employees; and WHEREAS, the City received five very competitive applications from vendors experienced in the provision of third-party administration services for Transit Accounts, and Benefit Resource, lnc.'s scores and interview proved it the most responsive and responsible proposer; and
WHEREAS, the City's Employee Commute Benefit Program has been extant since its establishment in 1993, incentivizing eligible City of Berkeley employees use of mass transit, and bicycles to commute to work; and
WHEREAS, reductions in the use of single occupancy vehicles for work and recreational travel reduces carbon emissions, and especially greenhouse gasses, which is a goal of the Berkeley Climate Action Plan; and
WHEREAS, by Resolution No. 69,664-N.S., the Berkeley City Council authorized the City and Contractor to enter into Contract Number 32100127, dated March 21, 2021, in the amount of $28,974; and
WHEREAS, Contract No. 32100127 was amended by $21,026, for a new not to exceed total of $50,000 and a contract term of February 28, 2024; and WHEREAS, annual program administration costs are based upon monthly fees of $3.25 per pretax participant and these dollar amounts are not anticipated to increase for the period of August 1, 2023 through February 28, 2025; and WHEREAS, staff recommends authorization of a new amendment to increase the contract in the amount of $50,000 for a total contract not to exceed total of $100,000 and extending the term through February 28, 2025; and
WHEREAS, sufficient funds for the Commute Benefit Program for are available in the Payroll Deduction Trust Fund for the period of August 1, 2023 through February 28, 2025; and

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July 25, 2023

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NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and an amendment to Contract No. 32100127 with Benefit Resource, Inc. for provision of third-party administrator services for the City of Berkeley's Employee Commute Benefit Program increasing the contract in the amount of $50,000 for an amount not to exceed $100,000 and extending the contract through February 28, 2025.

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CONSENT CALENDAR
July 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. 32000128 Amendment: WSP USA Environment & Infrastructure Inc. (formerly Wood Environment & Infrastructure Solutions, Inc.) for On-Call Environmental Consulting Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000128 with WSP USA Environment & Infrastructure Inc. (formerly Wood Environment & Infrastructure Solutions, Inc.) to increase the contract for on-call environmental consulting services by $500,000 for a new not to exceed amount of $1,200,000 and extend the contract term through December 30, 2026.

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

Funding as outlined below is currently available in the FY 2024 budget:

Department / Fund Amount
Public Works – Capital Improvement Fund (Fund 501) $100,000 Public Works – Zero Waste Fund (Fund 601) $300,000
Public Waste – Storm Water Fund (Fund 616) $44,000
HHCS – Environmental Health Fund (Fund 011) $66,000
Additional funding is subject to appropriation as needed for services during the contract term.

CURRENT SITUATION AND ITS EFFECTS
WSP USA Environment & Infrastructure Inc. (WSP) aids the Public Works Department’s Zero Waste Division with stormwater management and environmental consulting services which are needed to comply with the requirements of the City’s Solid Waste Management Center and Transfer Station’s (Transfer Station) Statewide General Permit for Stormwater Discharges Associated with Industrial Activities, Order 2014-0057-DWQ (Storm Water Permit). This Storm Water Permit also includes areas occupied by the Ecology Center and Community Conservation Centers, Inc. Additionally, WSP will be

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Contract No. 32000128 Amendment: WSP CONSENT CALENDAR
for On-Call Environmental Consulting Services July 25, 2023

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providing additional support as Engineering staff augmentation to support construction management of the removal of the single walled underground storage tank in 2024 at the Transfer Station.

WSP performs sampling and testing of soils, groundwater, and surface water; and provides guidance and planning (including best management practices) to ensure the City remains in compliance with the Storm Water Permit.

In addition, WSP provides on-call services to the Environmental Health Division of the Health, Housing, and Community Services Department including technical assistance with monitoring and compliance with the state maximum contaminant levels and with troubleshooting of water quality issues at the Aquatic Park Lagoon. The Engineering Division will also require consultation to support compliance with the California Regional Water Quality Control Board San Francisco Bay Region Municipal Regional Stormwater NPDES Permit.

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

BACKGROUND
In November 2019, City Council authorized the City Manager by Resolution No. 69,172- N.S. to enter into a contract with WSP (formerly Wood Environment & Infrastructure Solutions, Inc.) for on-call environmental consulting services in an amount not to exceed $300,000 through December 31, 2022. On July 26, 2022 City Council authorized a contract amendment through Resolution No. 70,486-N.S. increasing the not to exceed amount to $700,000 and extending the contract to November 30, 2025.

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

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

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

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Contract No. 32000128 Amendment: WSP CONSENT CALENDAR
for On-Call Environmental Consulting Services July 25, 2023

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

CONTACT PERSON
Joy Brown, Operations Manager, Public Works, 510-981-6629 Robert Hernandez, Environmental Compliance Specialist, Public Works, 510-981-6644 Leticia Jauregui, Acting Solid Waste and Recycling Manager, Public Works, 510-981- 6362
Ronald Torres, Manager of Environmental Health, Health, Housing and Community Services, (510) 981-5261
Attachment:

1. Resolution

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

CONTRACT NO. 32000128 AMENDMENT: WSP USA ENVIRONMENT &
INFRASTRUCTURE INC. FOR ON-CALL ENVIRONMENTAL CONSULTING

SERVICES
WHEREAS, on July 24, 2019 the City released a Request for Qualifications (Specification No. 19-11329-C) seeking firms or individuals to provide on-call environmental consulting services; and
WHEREAS, on November 12, 2019, by Resolution No. 69,172-N.S., City Council authorized the City Manager to enter into a contract with WSP USA Environment & Infrastructure Inc. in an amount not to exceed $300,000 through December 31, 2022; and WHEREAS, on July 26, 2022 City Council authorized a contract amendment through Resolution No.70,486-N.S., increasing the not to exceed amount to $700,000 and extending the contract to November 30, 2025.

WHEREAS, multiple City Departments need the assistance of an on-call environmental consulting services; and
WHEREAS, funding is available in the FY 2024 budget in the Clean Storm Fund 616, Zero Waste Fund 601, General Fund 011 and Capital Improvements Fund 501. Additional funding is subject to appropriation as needed for services during the contract term.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute an amendment to Contract No. 32000128 with WSP USA Environment & Infrastructure Inc. for on-call environmental consulting services increasing the contract by $500,000 for a new not to exceed amount of $1,200,000 and extend the contract through December 30, 2026. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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CONSENT CALENDAR
July 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. 32000145 Amendment: Zonar Systems, Inc. for Global Positioning System Telematics Program

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000145 with Zonar Systems, Inc. for global positioning system telematics program, increasing the amount by $200,000 for a total amount not to exceed $478,698 and extending the term through June 30, 2026.

FISCAL IMPACTS OF RECOMMENDATION
Funds to cover the cost of this recommendation will come from the Equipment Maintenance Fund 672. Funding in the amount of $100,000 will be recommended for appropriation through the first amendment to the appropriations ordinance of FY 2024.

The remaining contract amount in future fiscal years FY 2025 and FY 2026 is subject to Council approval of the proposed City-wide budget and annual appropriation ordinances. Vehicles and equipment included in the program will be billed to the corresponding departments.

CURRENT SITUATION AND ITS EFFECTS
The City is utilizing Zonar Systems, Inc. (Zonar) for Global Positioning System Telematics Program (GPS) to support staff, equipment, budget and operations. Since implementation of Zonar, the GPS system has provided the City:
 Access real-time data for decision support of operating crews and equipment, especially during disasters.
 Elimination of paper reporting. Departments have started to move from paper- based inspections to verifiable and regulatory compliant electronic reports that results in increased vehicle uptime and lower maintenance costs.  Monitoring of vehicle idling, speeding and hard braking that may eliminate nonproductive driving behaviors that result in immediate fuel efficiency and savings, improve operator safety and build in greater protection and confidence for members of the public.

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Contract No. 32000145 Amendment: Zonar Systems, Inc. CONSENT CALENDAR July 25, 2023

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 Improved vehicle/driver and equipment maintenance communication to allow data driven real-time vehicle servicing, diagnostics reporting which leads to more efficient and effective maintenance, repair planning and staff time allocation.  The ability to respond to customer needs with historical or real time information which improves customer service.

The contract amendment with Zonar for global positioning system and telematics program advances the City’s Strategic Plan goal to provide state-of-the-art, well- maintained infrastructure, amenities, and facilities.

BACKGROUND
The City maintains a large portfolio of over 700 vehicles and pieces of equipment. The Equipment Maintenance Division is also in the process of implementing a new Fleet Management Software solution - AssetWorks. Integrations of this new fleet software systems and the GPS system will allow for seamless real-time information to be sent to the Equipment Maintenance Division.

The meet and confer process with Service Employees International Union Local 1021 was concluded in November 2018. The City agreed to not utilize GPS devices on City Fleet Vehicles as a means to track employee day to day locations for the purpose of monitoring an individual employee’s performance. Only as part of a complaint that warrants management review and is triggered by something other than the GPS device may the GPS data be used to support an adverse employment action. Further, any reasonable use of the GPS data specifically for disciplinary or performance related purposes will be consistent with the existing disciplinary procedures. GPS will be utilized for enhancing efficient routing of vehicles and supporting operational logistics.

On November 29, 2018, the City issued Request for Proposals (RFP) #19-11266-C for a Global Positioning System – Telematics Program. The City received seven (7) responses to the GPS RFP by the December 20, 2018 deadline. A committee of Public Works and Information Technology staff conducted a comprehensive evaluation process that included proposal reviews, vendor demonstrations, and reference checks.

Staff selected Zonar Systems, Inc. (Zonar) as presenting the most comprehensive, user-responsive, and effective solution for the City’s current and future global positioning system and telematics needs.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
GPS, when coordinated with new routing systems, will provide for improved routing of vehicles which will reduce greenhouse gas emissions associated with travel time. This supports the reduction of carbon footprint and the goals of the City’s Climate Action Plan. Further, the mobile vehicle inspection application will eliminate the use of paper currently being used by field staff.

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Contract No. 32000145 Amendment: Zonar Systems, Inc. CONSENT CALENDAR July 25, 2023

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RATIONALE FOR RECOMMENDATION
Staff recommends the contract amendment for Zonar, as they have been an excellent partner through the initial roll out of the telematics program on City vehicles, and additional vehicles need the benefit of GPS and paperless inspections. Zonar’s features and functionalities are able to integrate with the City’s new fleet management system AssetWorks, providing real time diagnostics reporting on the state of the vehicles.

ALTERNATIVE ACTIONS CONSIDERED
None. Zonar was selected through a competitive process and installing GPS on additional vehicles supports the safety of City staff and maintenance of the City’s equipment.

CONTACT PERSON
Joy Brown, Operations Manager, Public Works, 510-981-6629 Greg Ellington, Equipment Maintenance Superintendent, Public Works, 510-981-6469 Attachment:
1: Resolution

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

CONTRACT AMENDMENT NO. 32000145: ZONAR SYSTEMS, INC. FOR GLOBAL

POSITIONING TELEMATICS PROGRAM
WHEREAS, the City of Berkeley has been successfully using Zonar Systems, Inc. for global positioning system telematics program since 2019; and WHEREAS, additional vehicles and equipment need to utilize the global positioning system and paperless inspection process; and
WHEREAS, funding for FY 2024 in the amount of $100,000 will be recommended for appropriation in the first amendment to the appropriations ordinance in the Equipment Maintenance Fund (Fund 672); and
WHEREAS, individual departments will be billed through the Fleet management software for actual expenditures incurred; and
WHEREAS, funding for future years FY 2025 and FY 2026 will be subject to appropriation in the Equipment Maintenance Fund (Fund 672).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that City Manager is authorized to execute an amendment to Contract No. 32000145 with Zonar Systems, Inc. for global positioning telematics program and paperless inspections to increase the amount by $200,000, for a total not to exceed $478,698 and extending the term through June 30, 2026. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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Office of the City Manager

CONSENT CALENDAR
July 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. 32100070 Amendment: Urban Ore, Inc. for Salvage Operations at the City of Berkeley Transfer Station

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32100070 with Urban Ore, Inc. for salvage operations of reusable materials at the City's Transfer Station increasing the not to exceed amount by $75,272 for a new not to exceed amount of $189,848 and extending the term through June 30, 2025.

FISCAL IMPACTS OF RECOMMENDATION
Funding for this contract is available in Zero Waste Fund (601) in the FY 2024 budget.

CURRENT SITUATION AND ITS EFFECTS
For the past 20 years, Urban Ore has salvaged more than 800 tons annually of reusable materials from the City of Berkeley's Transfer Station. Those items are resold at their retail store located at the intersection of Ashby Avenue and 7th Street in West Berkeley.

This contract extension will allow the City to continue to reduce materials to be landfilled, supporting the City’s Zero Waste Goal.

This is the first amendment to the existing contract, effective July 1, 2020 and approved by City Council through Resolution No. 69,434-N.S. The amendment will increase the not-to-exceed amount to cover regular operations and extend existing service levels until June 30, 2025.

The Urban Ore salvage program is a Strategic Plan Priority Project that advances our goal to be a global leader in addressing climate change, advancing environmental justice, and protecting the environment.

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Contract: Wood Rodgers, Inc. for Stormwater Master Plan CONSENT CALENDAR July 25, 2023

BACKGROUND
Since 2000, the Urban Ore Salvage and Recycling operation has stationed a box truck and its own trained staff at the City's Transfer Station during tipping floor hours of operation to salvage reusable household goods and building materials from discarded objects that would otherwise be transported to landfill. Urban Ore staff identify items of value from loads delivered to the Transfer Station by Zero Waste employees. In many cases, discarded materials are salvaged, then rendered usable by staff intervention (such as removing embedded nails), which allows those materials to be placed for sale, and thus diverted from waste streams.

For more than a decade, Urban Ore has been the only local salvage operation able to provide a suitable diversion service on-site at the Transfer Station, while maintaining a local retail outlet for salvaged goods and materials. Their proven safety record, environmental commitment, and quality customer service have made them an important zero waste partner.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The Urban Ore mission statement, “our purpose is to end the age of waste by advocating and developing total recycling,” demonstrates a committed environmental vision with recycling as a key component to all aspects of their operation. Urban Ore has annually reclaimed more than 800 tons from the City tipping floor, which increases the City's diversion rate, and reduces greenhouse gas emissions.

RATIONALE FOR RECOMMENDATION
This salvage and reuse/recycling program supports increased diversion of materials from landfills, and helps move the City toward its Zero Waste Goal. In addition, the Transfer Station’s operational expenses associated with long-haul transportation and landfill use are also reduced.

ALTERNATIVE ACTIONS CONSIDERED
None. Opting to discontinue this salvageable waste removal and diversion program will increase City use of area landfills, increase greenhouse gas emissions from long-haul transportation of waste materials, and will negatively impact the Zero Waste Division budget.

CONTACT PERSON
Leticia Jauregui, Zero Waste Operations Manager, Public Works, (510) 981-6362 Keith Morin, Senior Management Analyst, Public Works, (510) 981-6354 Attachments:
1: Resolution

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

CONTRACT NO. 3210070 AMENDMENT: URBAN ORE, INC. FOR SALVAGE

OPERATIONS AT THE CITY OF BERKELEY TRANSFER STATION
WHEREAS, Urban Ore is the only local salvage operation able to provide a suitable diversion service on-site at the Transfer Station, which reduces landfill-bound waste by 800 tons each year by returning useable materials to the community; and WHEREAS, this salvage and reuse/recycling program helps move the City toward its zero waste goals, while reducing the Transfer Station’s operational expenses associated with increased landfill use, and reducing greenhouse gas emissions caused by long-haul trucks; and
WHEREAS, Urban Ore’s proven safety record, environmental commitment, and quality customer service have made them an important zero waste partner; and WHEREAS, this is the first amendment to the existing contract, number 3210070, effective July 1, 2020 and adopted by council with Resolution 69,434--N.S. and needed to increase the not to exceed amount to cover regular operations and extend existing service levels until June 30, 2025; and
WHEREAS, funding for this contract amendment and term extension is available in Zero Waste Division in Fund 601 in FY 2024; and
WHEREAS, the Urban Ore salvage program is a Strategic Plan Priority Project that advances our goal to be a global leader in addressing climate change, advancing environmental justice, and protecting the environment; and WHEREAS, opting to discontinue this salvageable waste removal and diversion program will increase City use of area landfills, and negatively impact the Zero Waste Division budget.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley authorizes the City Manager to execute a contract amendment with Urban Ore, Inc. for salvage operations at the City's Transfer Station increasing the contract amount by $75,272 for a new not to exceed amount of $189,848, and extending the contract term by 2 years through June 30, 2025. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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CONSENT CALENDAR
July 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: R & S Erection of Richmond, Inc. for On-Call Roll Up Door and Gate Maintenance and Replacement

RECOMMENDATION
Adopt a Resolution authorizing the City Manager or their designee to award a contract and execute any amendments and extensions, with R & S Erection of Richmond, Inc. for the ongoing maintenance, urgent repairs and replacement of roll up doors in an amount not to exceed $300,000 for the period of August 1, 2023 through July 31, 2026.

FISCAL IMPACTS OF RECOMMENDATION
Funding is available in the FY 2024 budget in the amount of $104,000 in the Capital Improvement Fund (501). Annual routine maintenance expenses are anticipated to be between $25,000 and $50,000. Funding in the amount of $50,000 is available in Building Maintenance Fund (673) and an additional $1,000 in Parks Tax Fund 138.

Funding for subsequent years is subject to appropriation. Unanticipated expenses due to damage to roll up doors will be billed to the impacted department.

CURRENT SITUATION AND ITS EFFECTS
R&S Erection of Richmond (R&S Erection) was the sole responsive bidder to a Request for Proposal (RFP) Spec #22-11500 issued by the City on May 2, 2023. The City operates numerous roll-up doors and standard rolling gates at multiple different facilities: Fire Stations 1, 2, 3, 5, and 6; the Public Safety Building; the Transfer Station; the Corporation Yard; the Airco building; 2 specialized gates; a custom circular rolling gate at Fire Station 4; and an articulated rolling gate at Fire Station 7. It is essential that these critical points of exit and entry function reliably at all times to ensure facility security and that the City’s emergency response and critical support vehicles can swiftly exit their respective facilities when needed.

In addition, R & S Erection will be replacing the roll up doors at the Equipment Maintenance Building and adding automatic openers to improve the functionality of the building.

This contract supports the Strategic Plan Priority of advancing our goal to provide state- of-the-art, well-maintained infrastructure, amenities, and facilities.

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Contract: R & S Erection of Richmond, Inc. for On-Call CONSENT CALENDAR Roll Up Door and Gate Maintenance and Replacement July 25, 2023

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BACKGROUND
Since 2008, Public Works has been using R&S Erection to provide inspection, preventative maintenance, and on-call and emergency repair services for the City’s rolling gates and roll-up doors at multiple City locations. R&S Erection has a history of providing reliable, timely, and consistent service to the City.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
This contract has no environmental effects or climate impacts.

RATIONALE FOR RECOMMENDATION
Authorizing the contract to will ensure continued contract authority to utilize R&S Erection’s services without interruption. R&S Erection is a valued contractor who has provided timely, quality service to the City since 2008. They are knowledgeable about and familiar with the City’s equipment including the custom and specialized rolling gates at Fire Stations 4 and 7. Their preventative maintenance has been essential to sustaining the City’s aging rolling gates and roll-up doors. Their immediate on-call response times have been crucial in ensuring that points of vehicle exit and entry at City safety and critical support facilities are functional.

ALTERNATIVE ACTIONS CONSIDERED
None. Contractor was the sole responsive bidder.

CONTACT PERSON
Joy Brown, Operations Manager, Public Works, 510-981-6629 Aaron Baker, Facilities Maintenance Superintendent, Public Works, 510-981-6452 Bruce Pratt, Parks Superintendent, Parks, Recreation & Waterfront, 510-981-6632 Attachment:
1: Resolution

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

CONTRACT: R & S ERECTION OF RICHMOND, INC. FOR ON-CALL ROLL UP DOOR

AND GATE MAINTENANCE AND REPLACEMENT
WHEREAS, the City operates numerous rolling gates and roll-up doors at multiple locations; and the rolling gates and roll-up doors at the City’s Corporation Yard, Fire Stations, and Public Safety Building are considered essential to City emergency response and critical support operations; and
WHEREAS, R&S Erection of Richmond, Inc. was the sole responsive bidder on Spec# 22-11500; and
WHEREAS, R&S Erection of Richmond, Inc. is a valued contractor who has been providing consistently reliable, timely, quality service for the City since 2008; and WHEREAS, one-time funding in the amount of $104,000 is available for this contract in Capital Improvement Fund 501 in the FY 2024 budget; and WHEREAS, annual maintenance funding in the amount of $50,000 is available in Building Maintenance Fund (673) and an additional $1,000 in Parks Tax Fund 138. Funding for subsequent years is subject to appropriation.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to execute a contract with R & S Erection through June 30, 2026 in an amount not to exceed $300,000. A record signature copy of said contract and any amendments shall be on file in the Office of the City Clerk.

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CONSENT CALENDAR
July 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: Wood Rodgers, Inc. for Stormwater Master Plan

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a professional services contract with Wood Rodgers, Inc. in an amount not to exceed $1,900,000 for the development of a comprehensive Stormwater Master Plan (SWMP). A comprehensive SWMP would identify key deficiencies in the stormwater system, prioritize capital improvement projects, identify funding needs, develop City specific drainage design standards, and update maintenance and inspection plan for stormwater facilities.

FISCAL IMPACTS OF RECOMMENDATION
Funding for the SWMP in the amount of $1,000,000 is available in the FY 2023 – FY 2026 budget in the Clean Storm Water Fund (616). Funding currently budgeted for the SWMP in FY 2023 will be rolled over to FY 2024. An additional $400,000 in funding will be recommended for appropriation in the FY 2025 and FY 2026 budget adoption in the Capital Improvement Fund (501). This additional funding will cover evaluation of creeks, creek culverts, Aquatic Park, and other project elements not eligible for funding from the Clean Stormwater Fund (616).

A breakdown of funding needs for the SWMP is included in Table 1.

Table 1: SWMP Funding Sources
Fund FY 2024 FY 2025 FY 2026 Total
Clean Stormwater Fund (616) $1,000,000 $500,000 - $1,500,000 Capital Improvement Fund (501) - $200,000 $200,000 $400,000 Total Funding $1,000,000 $800,000 $300,000 $1,900,000

CURRENT SITUATION AND ITS EFFECTS
A Request for Proposal (RFP) was issued on February 24, 2023 (Specification No. 22- 11505-C) seeking firms qualified to develop comprehensive stormwater master plans.

On April 13, 2023, the City received a proposal from one firm, Wood Rodgers. A panel of City staff reviewed the proposal and held an interview with Wood Rodgers’ team.

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Contract: Wood Rodgers, Inc. for Stormwater Master Plan CONSENT CALENDAR July 25, 2023

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Following an evaluation of the proposer’s team experience in completing similar projects and a thorough check of client references which include several local agencies for which Wood Rodgers has provided stormwater master planning services, City staff found Wood Rodgers to be highly qualified to prepare the City’s Stormwater Master Plan.

BACKGROUND
The City maintains approximately 93 miles of storm drain pipelines and appurtenant structures in the public right-of-way and in easements. In addition, the City is responsible for the maintenance of approximately 0.5 miles of open creeks and nearly 4 miles of creek culverts running in the right of way or in City owned properties. A majority of the City’s stormwater assets are nearing or past their expected useful life and others require an evaluation of hydraulic capacity.

In addition to maintaining its aging stormwater system, the City implements programs to comply with water quality regulations and requirement established by the Municipal Regional Stormwater NPDES Permit (MRP). The most current MRP expands on previous permits and establishes requirements for the control and reduction of non- stormwater and polluted stormwater discharges to storm drains and watercourses.

Permit provisions include requirements for the implementation of stormwater treatment measures for regulated development and redevelopment projects including road reconstruction projects; stormwater inspection programs for industrial and commercial facilities; construction site controls; community outreach and education programs on the impacts of stormwater pollution; and trash controls needed to meet mandated trash load reduction targets.

The development of a comprehensive stormwater master plan would provide the City an updated inventory of system-wide deficiencies and establish a capital stormwater improvement plan to address these deficiencies based on an equity and risk-based prioritization model. The master plan would also provide updated maintenance and inspection plans for the City’s stormwater assets and identify green infrastructure implementation opportunities to allow the City to meet its MRP stormwater treatment targets. The SWMP would also analyze potential funding mechanisms to supplement current funding levels for the program as needed to support enhanced operations, regulatory compliance implementation, and capital improvements identified in master plan. If approved, the project will begin in September of 2023 and is expected to be completed in the first half of FY 2026.

Development of the SWMP supports the Strategic Plan goals of providing state-of-the- art, well-maintained infrastructure, amenities, and facilities, and of creating a resilient, safe, connected, and prepared City.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The SWMP will incorporate a long-range planning horizon which would incorporate projected sea level rise, increased precipitation intensities, and associated impacts to the City’s storm drain infrastructure. The SWMP will also build on the City’s Green Infrastructure Plan by identifying multi-benefit green infrastructure implementation opportunities which can contribute to a reduction in peak runoff flows, removal of

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Contract: Wood Rodgers, Inc. for Stormwater Master Plan CONSENT CALENDAR July 25, 2023

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pollutants from storm runoff, an increase in green space, and a reduction of the urban heat island effect.

RATIONALE FOR RECOMMENDATION
Wood Rodgers is highly qualified to prepare the City’s comprehensive SWMP which will reflect current and future development trends, stormwater quality requirements, climate change, flood control, and funding realities. The SWMP is an essential part of future capital improvement planning and a key piece in ensuring the City remains compliant with stormwater permits.

ALTERNATIVE ACTIONS CONSIDERED
No other alternative actions were considered. The City does not have the staff time or expertise to prepare a comprehensive stormwater master plan.

CONTACT PERSON
Ron Nevels, Interim City Engineer/Manager of Engineering, Department of Public Works, 981-6439
Srinivas Muktevi, Supervising Civil Engineer, Department of Public Works, 981-6402 Attachments:
1: Resolution: Contract with Wood Rodgers, Inc.

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

CONTRACT: WOOD RODGERS, INC. FOR STORMWATER MASTER PLAN WHEREAS, the City desires to retain an engineering consulting firm for the development of a comprehensive Stormwater Master Plan to identify deficiencies in City’s stormwater system, prioritize capital improvement projects, identify funding needs, develop City specific drainage design standards, and update maintenance and inspection plans for stormwater facilities; and
WHEREAS, City staff do not have the expertise or availability to prepare a comprehensive stormwater master plan; and
WHEREAS, on February 24, 2023, the City released a Request for Proposal (Specification No. 22-11505-C) seeking firms or individuals qualified to develop comprehensive stormwater master plans; and
WHEREAS, on April 14, 2023, the City received one submission from Wood Rodgers, Inc.; and
WHEREAS, a panel of City staff reviewed the proposal and held an interview with the Wood Rodgers team; and following an evaluation of the proposer’s team experience and a thorough check of client references which include several local agencies for which Wood Rodgers has provided stormwater master planning services, City staff found Wood Rodgers to be highly qualified to prepare the City’s Stormwater Master Plan; and WHEREAS, the desired professional consulting services required for the completion of the Stormwater Master Plan shall not exceed $1,900,000; and WHEREAS, funding for the SWMP in the amount of $1,500,000 is available in the FY 2023 – FY 2026 budget in the Clean Storm Water Fund (616). Funding currently budgeted for the SWMP in FY 2023 will be rolled over to FY 2024. An additional $400,000 in funding will be recommended for appropriation in the FY 2025 and FY 2026 budget adoption in the Capital Improvement Fund (501).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to approve a contract with Wood Rodgers, Inc. for the development of the Stormwater Master Plan in an amount not to exceed $1,900,000. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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CONSENT CALENDAR
July 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: Disability Access Consultants for On-Call American with Disabilities Act Consulting Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract with Disability Access Consultants (DAC) for on-call American with Disabilities Act consulting services to provide support to the City of Berkeley’s Disability Compliance Program, for up to three years in an amount not to exceed $300,000.

FISCAL IMPACTS OF RECOMMENDATION
Initial funding for the contract is available in the FY 2024 Public Works budget in the Capital Improvement Fund 501. Funding for future fiscal years will be approved in the next budget development cycle from the ADA CIP Fund 501 baseline budget or may be requested by carryover in FY 2024 via approval of the First Amendment to the Annual Appropriations Ordinance (AAO). Services provided through this contract may protect the City against civil litigation.

CURRENT SITUATION AND ITS EFFECTS
The City released a December 22, 2022 Request for Proposals (RFP) (Specification No. 23-11543-C) for on-call American with Disabilities Act (ADA) consulting services on an ongoing and back up basis to provide support to its Disability Compliance Program.

Four proposals were received and evaluated by a selection committee of City staff and ranked according to criteria including project approach; completeness of proposal requirements; staff qualifications; references; and reasonableness of cost. The proposal submitted by Disability Access Consultants (DAC) was ranked highest and deemed most responsive, and was thus selected for recommendation to the City Council for award of a contract. Main duties will include but are not limited to providing City staff with technical ADA assistance on requirements and best practices related to City programs and policies, physical access, digital accessibility, ADA grievances, and reasonable accommodation requests.

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Contract: Disability Access Consultants for On-Call
American with Disabilities Act Consulting Services CONSENT CALENDAR July 25, 2023

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DAC has previously contracted with the City and has a proven record of providing excellent and timely service to Disability Services staff. DAC is very familiar with the City and has a solid understanding of its needs, having surveyed practically all City facilities, parks, streets, websites, and programs for the development of a new ADA Transition Plan.

This contract supports the Strategic Plan Priorities of both advancing our goal to provide state-of-the-art, well-maintained infrastructure, amenities, and facilities and championing and demonstrating social and racial equity.

BACKGROUND
The Americans with Disabilities Act (ADA) requires state and local governments provide accessibility to people with disabilities. Ensuring equal access to civic life for all people is a fundamental legislative goal of the ADA as accessibility relates not only to physical access but to the delivery of government programs, services, activities, and employment practices.

The City of Berkeley has a vibrant, diverse, highly educated and very engaged community of people with disabilities, and is known as the birthplace of the Disability Rights Movement in the United States. Public Work’s Disability Services team, who is responsible for overseeing the City’s Disability Compliance Program, seeks additional support to its program through use of consulting services for comprehensive ADA and accessibility compliance services to better serve the community and to achieve the City’s values of equity and inclusion.

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

RATIONALE FOR RECOMMENDATION
Public Work’s Disability Services team consists of only 1.5 FTEs, yet the City’s Disability Compliance Program covers a wide range of services such as City wide programmatic and policy reviews, facility inspections, plan reviews, and addressing ADA grievances and accommodation requests. DAC brings forward a support team of subject matter experts with a comprehensive understanding of applicable standards, regulations and requirement under Title II of the ADA, California Building Code and related state accessibility standards.

ALTERNATIVE ACTIONS CONSIDERED
None. There are critical and time sensitive services such as evaluating and responding to public grievances and ADA accommodation requests and providing accessibility reviews of plans and policies as needed. Staff requires consultant support to keep up

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Contract: Disability Access Consultants for On-Call
American with Disabilities Act Consulting Services CONSENT CALENDAR July 25, 2023

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with the demands placed onto the Disability Compliance Program and to remain compliant with the ADA.

CONTACT PERSON
Andrew Brozyna, Deputy Director of Public Works, Public Works, (510) 981-6396 Thomas Gregory, ADA Program Coordinator, Public Works, (510) 981-6418 Attachments:
1: Resolution

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

CONTRACT: DISABILITY ACCESS CONSULTANTS FOR ON-CALL AMERICAN

WITH DISABILITIES ACT CONSULTING SERVICES
WHEREAS, the Americans with Disabilities Act (ADA) requires state and local governments to provide accessibility to people with disabilities, and ensuring equal access to civic life for all people in the delivery of government programs, services, activities, and employment practices is a fundamental legislative goal of the ADA; and WHEREAS, the City of Berkeley complies with the ADA and related State and Federal laws; and
WHEREAS, on December 22, 2022 the City advertised a Request for Proposals (RFP) (Specification No. 23-11543-C) for On Call American with Disabilities Act Consulting Services providing City staff with technical ADA assistance on requirements and best practices related to City programs and policies, physical access, digital accessibility, ADA grievances, and reasonable accommodation requests; and
WHEREAS, Disability Access Consultants, LLC was determined to be the best qualified and appropriately priced bidder among four other RFP submissions evaluated by a selection committee of City staff and ranked according to criteria including project approach; completeness of proposal requirements; staff qualifications; references; and reasonableness of cost.; and
WHEREAS, funding for the duration of the contract amendment will be available in the FY 2024 Capital Improvement Fund budget via the approval of the First Amendment to the Annual Appropriations Ordinance or in future fiscal year baseline CIP Fund budgets.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a three-year contract and any amendments, extensions, or change orders with Disability Access Consultants, LLC for an amount not to exceed $300,000 to provide on-call American with Disabilities Act consulting services in support of the City of Berkeley’s Disability Compliance Program. A record signature copy of said contract and any amendments to be on file in the Office of the City Clerk.

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CONSENT CALENDAR
July 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: Audit Status Report: Underfunded Mandate: Resources, Strategic Plan, and Communication Needed to Continue Progress towards the Year 2020 Zero Waste Goal

INTRODUCTION
The Office of the City Auditor presented a July 1, 2014 Report to the City Council:

Underfunded Mandate: Resources, Strategic Plan, and Communication Needed to Continue Progress towards the Year 2020 Zero Waste Goal1 (Audit Report). The City Auditor conducted the Audit Report at the Public Works Director’s request to assess Zero Waste Division’s progress towards the Year 2020 Zero Waste Goal. This is the fifth and final status report on the efforts made to implement the Audit Report’s recommendations, which are slated for no further follow-up action as recommended by the City Auditor for all audits more than five years old.

POLICY COMMITTEE RECOMMENDATION
On June 7, 2023, the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee adopted the following action: M/S/C (Harrison/Robinson) to send the item to Council with a positive recommendation. Vote: Ayes – Robinson, Harrison; Noes – None; Abstain – None; Absent – Taplin.

CURRENT SITUATION AND ITS EFFECTS
The Audit Report noted fifteen (15) recommendations for the Public Works Department (PWD) and its Zero Waste Division (ZWD) to review, implement and report to Council.

The first set of seven (7) recommendations was related to zero waste goals and ZWD’s operational components, and the second set of eight (8) recommendations focused on collaborating with the Department of Information Technology (IT) to utilize technology to interface with Zero Waste routes, staff, and the customers.

Since the January 15, 2020 update on this Audit Report, Public Works has made additional progress on the implementation of recommendations. At the time of this 1 https://www.cityofberkeley.info/uploadedFiles/Auditor/Level_3_- _General/A%202_RPT_Zero%20Waste_Final.pdf

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Audit Status Report -- Underfunded Mandate: Resources, Strategic Plan, CONSENT CALENDAR and Communication Needed to Continue Progress July 25, 2023 Toward the Year 2020 Zero Waste Goal

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report, the Auditor’s Office verified three (3) of the recommendations as implemented and dropped the remaining twelve (12) recommendations.

BACKGROUND
Public Works’ Zero Waste Division is responsible for the collection of residential material, including refuse, recycling, and composting; collection and processing of commercial material, including refuse, recycling, and composting; off-site hauling and composting of green/food waste for all customers; off-site hauling, sorting, and marketing of construction and demolition debris for all customers; and manages contracts related to the above work.

On March 22, 2015, the Berkeley City Council adopted Zero Waste Resolution No. 62,849-N.S. setting a goal of zero waste sent to landfills by the year 2020. The Resolution does not define a specific zero waste percentage expectation for Berkeley, but the language used therein suggests diversion of 100% of waste from landfills.

In its October 17, 2017 presentation to the City Council, the Zero Waste Commission recommended attaining the City’s Zero Waste goal requires redefining the Zero Waste Goal and issuing a Request for Proposal (RFP) for a Zero Waste Management Strategic Plan. The City Council approved this recommendation.

On April 28, 2022, the City released the RFP, seeking qualified firms for the development and completion of an Integrated Zero Waste Management Strategic Plan (Plan) to provide methodologies and guidance for the City’s Zero Waste Division’s operation, personnel, program, and financial requirements to meet the City’s Climate Action Plan and Zero Waste goals. The Plan’s development will include robust public participation and outreach, along with City Council and staff input on both the draft and final Plan. City Council approved an item at the October 8, 2022 meeting to enter into a contract with the selected consultant for the Plan’s development.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
The increased diversion of compostable and recyclable materials is an essential part of the City’s Zero Waste Goal as described in the City’s 2009 Climate Action Plan.

POSSIBLE FUTURE ACTION
Public Works’ Zero Waste Division and the Zero Waste Commission will continue to take timely and focused action(s) to address outstanding and partially implemented recommendations.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
The Integrated Zero Waste Management Strategic Plan has an approved budget of $500,000. The AMCS financial software platform and associated professional services are budgeted for $1.3 million for the first five years. There may be additional financial impacts to complete the remaining Audit findings.

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Audit Status Report -- Underfunded Mandate: Resources, Strategic Plan, CONSENT CALENDAR and Communication Needed to Continue Progress July 25, 2023 Toward the Year 2020 Zero Waste Goal

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CONTACT PERSON
Greg Apa, Solid Waste & Recycling Manager (510) 981-6359 Attachment:

1. Audit Findings and Recommendations Response Form

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1.1 Request the City Council
to redefine and then
reaffirm its commitment
to zero waste (i.e., the
percentage that the
Council considers to be
success), and to ensure
sufficient resources to
fund appropriate
staffing and the
necessary infrastructure
to achieve stated goals
by 2020.

Public
Works
Agree
This is consistent with the strategic
approach the Public Works
Department has taken to correct
operational deficiencies and create
an organization more capable of
continuing the work to reach the
City’s zero waste goal.

The Department is poised to
undertake an open search for a new
ZWD Manager whose input,
perspective, and anticipated
professional expertise will be
essential in analyzing the resources
necessary to achieve the goal and
drafting suitable recommendations
to Council.

June 2015
June 2019
June 2019
December 2019
November 2020
July 2023
5/09/2017 Status: not submitted
January 23, 2018 Update:

Not Implemented
The Zero Waste Commission submitted to the City Council its recommendation for the City to develop an RFP to: 1) develop a Zero Waste Strategic Plan (Plan) to delineate terminology, 2) define and clarify what the City’s Zero Waste Goal will be, and 3) develop plan for the Public Works - Zero Waste Division to implement to attain that goal. The City Council concurred with this recommendation which was an item on its October 17, 2017 Action Calendar for the Zero Waste Division to develop the RFP for the development of the Plan.
6/04,2018 Update:

Not Implemented
The RFP is in development and should be released to solicit proposals to be submitted during the second quarter FY2019.

March 12, 2019
Partially Implemented
ZWD has developed an RFP to: 1) develop a Zero Waste Strategic Plan (Plan) to delineate terminology, 2) define and clarify what the City’s Zero Waste Goal will be, and 3) develop plan for the Public Works - Zero Waste Division to implement to attain that goal. The RFP is in administrative review.

March 24, 2020 Update
Partially Implemented
At the September 17, 2019 City Council Work Session, Public and its consultant presented the proposed 5-year Rate Review that includes additional staffing for implementation and compliance with State and StopWaste.org mandatory recycling and food waste. The Council provided input on the Rate Review is in review and adjusted Rates with be presented to the City Council mid-2020.

November 13, 2022 Update
Dropped
Revised 5-year Rate Schedules presented at the December 7, 2021 City Council Work Session. Council consented to moving forward with Proposition 218 process to approve Rates as proposed. In January

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1.2 Draft and obtain Council
approval of a written
strategic plan to achieve
zero waste by 2020,
including annual or
biennial interim waste
diversion goals.

Topics that the
strategic plan should
discuss include:
 Objectives and long-
term and interim
goals
 Actions to be taken
 Responsible parties
 Expected cost and
impact of
implementation
 Performance
measures
 External factors
affecting
performance and
progress
Public
Works
Agree
The Public Works Department has
taken a strategic approach to solving
the structural deficit and making
progress toward our Zero Waste
goal. The Department improved the
efficiency of operations, followed
the strategies in the Climate Action
Plan, is currently completing a
commercial franchise study, and in
May 2014 completed a Prop 218-
compliant rate increase. PW will
continue to focus on maintaining
efficient operations, high quality
customer service, and improvements
to waste diversion efforts.

The Department will take the next
step toward zero waste by
reassessing the current situation, and
developing a strategic plan intended
to guide the Department through the
increasingly difficult path to zero
waste. Part of this process requires
evaluating the existing Transfer
Station infrastructure, along with
what might be required to reach the
Zero Waste goal as defined.

The strategic plan will be flexible so
that annual work plans can be
designed to address changing
conditions.

Public Works will build upon relevant
June 2015
June 2019
June 2019
December 2019
May 2021
5/09/2017 Status: not submitted
January 23, 2018 Update:

Not Implemented
The City’s Solid Waste Management Plan (1998) and Source Reduction and Recycling Element (1992) are the City’s most recent documents guiding the City’s actions toward the goal of zero waste.

Although the City’s Solid Waste Management Plan Update (2005) wasn’t formerly adopted by the City, it was designed to achieve the 2010 goal of reaching 75% diversion. The City is currently achieving 76% diversion based on FY2015 information.

The Zero Waste Commission and the City Auditor each concluded independently that a comprehensive, written strategic plan that clearly defines roles and responsibilities and assigns sufficient resources is needed to guide the City towards the goal of achieving zero waste. The Zero Waste Commission recommended and the City Council concurred at its October 17, 2017 Action Calendar concurred with Zero Waste Commission’s recommendation for Public Works’ Zero Waste Division to develop an RFP to: develop a Zero Waste Strategic Plan to delineate terminology, define and clarify what the City’s Zero Waste Goal will be, and develop plan to attain the defined Strategic Plan’s Zero Waste Goal.
6/04,2018 Update:

Not Implemented
These issues will be included in the development of RFP that will be advertised for proposals the second quarter FY2019.

March 24, 2020 Update
Partially Implemented
With installation and implementation of the Zero Waste Division’s management software (vendor is AMCS and projected to be

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August 2024
completed late 2020), the City can assure Strategic Plan proposes that customers information is accurate and verifiable (FUND$ cannot).

Then the RFP for a Zero Waste Strategic Plan will then be issued and this Plan will develop strategies to attain the City’s zero waste goal.

RFP for Integrated Zero Waste Management Strategic Plan released November 13, 2022 Update
Dropped
The AMCS software financial platform will not be fully implemented until July 2024. An RFP for an Integrated Zero Waste Management Strategic Plan (Plan) was released April 28, 2022. An October 8, 2022 City Council Consent Item was submitted for award of contract for development of the Plan to the selected consultant. The implementation of the AMCS platform and the Plan development will be conducted and coordinated in unison.

1.3 Prepare detailed
annual work plans
that contain:
 Objectives
 Annual/biennial
(short-term) goals
 Actions to be taken
 Budget
allocated for the
actions
 Timeline for
completion
 Lead staff responsible
for task completion
 Full-time
equivalent
employees
assigned to the
tasks
 Performance
measures
Public
Works
Agree
Public Works will continue to
prepare its annual work plan under
the direction of the City Manager, in
coordination and consistent with
other Department work plans.

Goals, objectives, and actions for
the Zero Waste program will be
organized and managed by the Zero
Waste Manager.

June 2019
December 2019
5/09/2017 Status: not submitted
January 23, 2018 Update:

With a third-party firm in-place, the Plan development will proceed with all stakeholders’ input solicited, reviewed and included. With approved by both the Zero Waste Commission and City Council, a fully vetted and approved Zero Waste Strategic Plan will provide Public Works a detailed road map to attain a Zero Waste goal. With these elements agree to then annual/biennial goals, budget allocations, timelines for completion, employees’ assigned task and performance measures will be concisely identified and assigned to meet the Zero Waste goal.

March 12, 2019
Partially implemented
ZWD is drafting an RFP for a Zero Waste Strategic plan to guide the

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ATTACHMENT No. 1
Audit Title: Underfunded Mandate: Resources, Strategic Plan, and Communication Needed to Continue Progress Toward the Year 2020 Zero Waste Goal
Findi
ngs and Recommendations Lead D
ept. Agree, Par
tially Agree, or Do Not
Agree and Corrective Action Plan
Expect
ed or Actual
Implementation
Date
Statu
s of Outstanding Audit Recommendations and
Implementation Progress Summary
May 2022
August 2024
City’s policy and decision making and paths of implementation to the goal of Zero Waste. IT and ZWD are in the process of selecting a vendor to implement an entirely new ZW software solution that includes routing, billing and work orders. ZW meets weekly with key PW staff to ensure division objectives and action items are prioritized and budgeted for. With the first reading and passing of the Single Use Foodware and Litter Reduction Ordinance on January 22, 2019, ZWD is working closely with PW Fiscal and Admin division to budget for adequate staffing for this new responsibility. ZWD anticipates completion of a Feasibility Study to replace the existing Transfer Station by mid-2019. ZWD primary objectives are in accordance with the Citywide Strategic Plan. Once the new ZW software system is in place and the Strategic Plan has been completed, a more accurate work plan could be created that would include performance measures.

March 24, 2020 Update
Partially Implemented
With installation and implementation of the Zero Waste Division’s management software (vendor is AMCS and projected to be completed late 2020), the City can assure Strategic Plan proposes that customers information is accurate and verifiable (FUND$ cannot). With completion of this step, the City can issue an RFP for a new user-friendly routing system.

With a new Routing system, reliable, verifiable and accurate performance metrics can be developed. The cost of these systems and additional staffing required have been included in projected budgets.

November 13, 2022 Update
Dropped
The AMCS software financial platform will not be fully implemented until July 2024. An RFP for an Integrated Zero Waste Management Strategic Plan (Plan) was released April 28, 2022. An October 8, 2022 City Council Consent Item was submitted for award of contract for development of the Plan to the selected consultant. The implementation of the AMCS platform and the Plan development will be conducted and coordinated in unison.

1.4 Regularly communicate
zero waste goals and
achievements to City
staff and the Council, and
offer training to staff on
how they can help
Public
Works
Agree
Prepare an annual report to Council,
highlighting progress toward
strategic plan and work plan goals to
achieve zero waste in Berkeley.

December 2019
5/09/2017 Status: not submitted
January 23, 2018 Update:

Partially Implemented
With the newly re-staffed ZWC and new management at Zero Waste Division and once the Strategic Plan is completed and as part of the Strategic Plan, the Work Plan with goals, budget, timelines, FTEs and measurements will be developed. Then, Public Works will initiate

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November 2021
November 2021
August 2024
annual reporting to Council. Nonetheless progress has been made, such as: the ZWD has undertaken a City Facilities Greening Project to ensure that all City-owned facilities have the appropriate containers with signage for trash, recyclables (bottles/cans and fiber), and organics; and that City staff receive training on the acceptable materials to place in each container type. The recent, May through September 2017, renovation of 1947 Center Street is being used as a pilot for this Project.

In celebration of Earth Day 2017, the ZWD hosted a Zero Waste Earth Day Fair for City employees to get answers to all of their recycling- related questions, play games, enjoy zero waste snacks, and talk trash with ZWD staff. This event was attended by more than 100 City employees.

March 12, 2019
Partially Implemented
City staff have been encouraged to participate in the visioning sessions for the Transfer Station Redesign January 16, 17, and 18, 2019. Also, ZWD has developed an RFP to: 1) develop a Zero Waste Strategic Plan (Plan) to delineate terminology, 2) define and clarify what the City’s Zero Waste Goal will be, and 3) develop plan for the Public Works - Zero Waste Division to implement to attain that goal.

The RFP is in administrative review. Once the strategic plan is completed, it will be shared with City staff.

March 24, 2020 Update
Partially Implemented
At the Council’s Work Sessions for Rate Review (September 17, 2019) and Solid Waste & Recycling Transfer Station Feasibility Study (November 5, 2019), PW informed Council of the need for additional RFPs, staffing, funding and facility requirements to meet the City’s zero waste goal.

November 13, 2022 Update
Dropped
Revised 5-year Rate Schedules was presented at the December 7, 2021 City Council Work Session. Council consented to moving forward with Proposition 218 process for property owner consent of the revised Rates as proposed. These Revised Schedules included additional costs for: 1) Ecology and CCC contracts ($85 mil over 10 years, sole sourced per Council direction); staffing for AB 341 & 1826 (commercial recycling), SB1383 (organic recycling) and Single Use

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1.5 Determine if additional
funds are needed for the
education, outreach,
compliance, and
enforcement necessary
to reach zero waste
goals. If sufficient funds
are not available,
propose to Council a
separate fee to cover
those costs for the City’s
zero- waste program,
such as a regulatory fee
as allowed under
Proposition 218.

Public
Works
Agree
The Public Works Strategic Plan
process will evaluate and identify the
necessary resources, and if funding is
insufficient, a recommendation will
be made to consider an Integrated
Waste Management Fee or other
appropriate mechanism to fund
additional staffing and/or outreach
needs.

December 2019
5/09/2017 Status: not submitted
January 23, 2018 Update:

Partially Implemented
Since September 2016, Public Works has hired the Zero Waste Division’s Solid Waste & Recycling Manager, Greg Apa, and Recycling Program Manager, Heidi Obermeit, who have 29 and 10 years, respectively, of solid waste industry experience. With their extensive background in the solid waste industry, they are in the process of reviewing, assessing and addressing Zero Waste’s current efforts to educate and as needed the expansion of educational outreach to the community members and commercial businesses, both existing and new. Outreach educational materials are somewhat dated and these materials may be updated and customized as required with more current graphics and narratives.

In addition, the ZWD has hired a Field Service Representative who assists ZWD’s education and compliance efforts with all community members and businesses.

In 2018, the current Council approved rate structure will require an updated rate study including the cost of increased educational outreach and training for handling of recyclable materials to ensure a sustainable rate structure to achieve the zero waste goals that the Council has set for Public Waste and Zero Waste Division.

March 12, 2019
Partially Implemented
Public Works has determined through internal budget process that Zero Waste needs two additional full-time staff members to oversee the education, outreach, compliance, and enforcement necessary to reach zero-waste goals. The Zero Waste Division will be determining additional funding beyond staffing needed to increase education, outreach, compliance, and enforcement during the strategic planning process. The RFP for the strategic plan process is currently under administrative review. This process will also identify if the current levels of fees can cover the costs of the City’s Zero Waste program or if Public Works will need to assess additional fees.

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An update of the Rate Review Study will be scheduled with the City Council mid-2020.

November 13, 2022 Update
Dropped
Revised 5-year Rate Schedules was presented at the December 7, 2021 City Council Work Session. Council consented to moving forward with Proposition 218 process for property owner consent of the revised Rates as proposed. These Revised Schedules included additional costs for: 1) Ecology and CCC contracts ($85 mil over 10 years, sole sourced per Council direction); staffing for AB 341 & 1826, SB1383 and Single Use Disposal Plastic and Litter Reduction Ordinance compliance; and CEQA compliance work for Transfer Station Replacement Concepts A and B. In January 2022, The City Agenda Committee placed the revised 5-year rate schedules on pause.

1.6 Update the City’s Zero
Waste website to
include easily accessible
information regarding:
 How and where
to recycle
materials that are
not accepted in
curbside
collection.
 What can be brought
to the transfer
station and materials
recovery facility.

Public
Works
Agree October 2016 5/09/2017 Status: not submitted
January 23, 2018 Update:

Implemented
With the hiring of the Recycle Program Manager, ZWD is continuously streamlining and updating the City’s and ZWD’s website to include:
guidelines to recycle plant debris and food waste; information on the mandatory recycling requirements for businesses and multi-family properties in Alameda County; and links to other recycling resources in the area. Further, the ZWD has made available guidelines to help designers of multifamily, commercial, and mixed-use buildings plan for recycling collection when designing new buildings or renovations.

In conjunction with the City’s Public Information Officer, the ZWD has distributed press releases to educate the general public about the appropriate material to place in their refuse, recycling and green compost carts, extra pick-up bags, proper cart placement.

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StopWaste.org is a good
example and has
resources that Berkeley
can direct customers to
use.

Updates should be
made as changes are
made to the list of
materials accepted
through each waste
stream.

1.7 Engage in discussions
with the California
Department of Resources
Recycling and Recovery
to obtain permission to
collect garbage biweekly
instead of weekly while
maintaining weekly
collection of
compostables. Perform
additional education and
outreach prior to
implementing biweekly
garbage service to
educate the public on the
change. Alternatively,
seek permission to
implement a pilot project
for biweekly garbage
service.

Public
Works
Agree
The ZWD will investigate the
process of obtaining legal
permission to pilot biweekly
rubbish collection. We will
identify the operational and
outreach preparation necessary
to evaluate the feasibility of this
pilot.

N/A 5/09/2017 Status: not submitted
January 23, 2018 Update:

Dropped
Although a Solid Waste & Recycling Manager and Recycling Program Manager is on staff, the Zero Waste Division, as an enterprise funded collection service division, is unstaffed and inexperienced to engage in the process change of State Law, which requires weekly collection of refuse. In addition, this would require significant lobbying of CalRecycle to approve a pilot program to collect refuse other than on a weekly basis.

The Audit Report states that there is the potential of $496,000 annual cost savings by switching to biweekly garbage service. However, and as noted in the Audit Report, this is based on assumptions which:
1) State law requires the refuse shall not remain on any premises more than seven (7) days. Berkeley would need to revise the State law, request a waiver or seek permission for a pilot program. This waiver or revision of State law will potentially require substantial lobbying members of City Council, State House of Representative(s) and Senator(s), as well as, of all the many County and State permitting and health agencies that would be involved to amend State law.

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Finding 2: Limited use of available technologies affects operational efficiencies

2.1 Work with the
Department of
Information Technology
to configure the CRM
system with a required
field that auto populates
valid route information
based on address and
service delivery type so
that route specific data
can be collected on a
going-forward basis.

Public
Works
Agree
December 2019
December 2019
5/09/2017 Status: not submitted
January 23, 2018 Update:

Not implemented
Currently the City is implementing an Enterprise Resource Planning (ERP) project to replace the FUND$ system including the CRM application. ERP is a software with financial (accounting, billing, budget, contracts) and human resource (time entry, personnel, payroll, benefits) applications. As part of this project, ZWD has been working with IT and its consultant during the needs assessment phase to ensure that RouteSmart™ will interface with the selected software.

June 4, 2018 Update:

Not implemented
IT with ZWD is soliciting many companies to demonstrate their invoicing, customer service, and routing systems. With the conclusion of the demonstrations, IT will develop an RFP that will soloist proposals for systems that will integrate with Erma.

March 12, 2019
Not Implemented
IT released an RFP on behalf of Public Works for Zero Waste Management software on October 18, 2018. As the FUND$ system is in the process of being replaced, a new system was deemed necessary and IT issued an RFP for a Zero Waste Management System and Professional Services consisting of a Waste Billing System, a Waste Computerized Maintenance Management System and a Route Optimization System. One proposal was received. If the proposal is accepted, software installation and implementation is anticipated to begin immediately upon contract execution in May 2019, with software operational by December 2019.

The new system will require route optimization and will have an onboard system for drivers containing route information based on address and service delivery type so that route-specific data can be

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In addition to these new systems, Public Works and Parks are also implementing a new computerized maintenance management
system. Once that vendor has been selected, then 311 will issue an RFP for a new Customer Relationship Management system that will integrate with the Zero Waste solutions.

March 24, 2020 Update
Not Implemented
IT is finalizing the contract the new Zero Waste software management system and to be completed late 2020. After this in operation, RFPs will be issued for new Routing and CRM system.

When these are operational, CRM will be able to integrate routing information.

November 13, 2022 Update
Dropped
Contract awarded to AMCS to install new customer account & financial software platform to be up and running by mid-2024.

2.2 Work with the
Department of
Information Technology
to create a link between
RouteSmart and the
CRM system (or the
software
implementation of
Recommendation 2.5
below).

Public
Works
Agree
Zero Waste will work with IT to
create the most efficient link
between RouteSmart™ and the CRM
system that can be created, given
available resources. One solution,
budget permitting, would be
implementing the best of breed
billing system that integrates with
RouteSmart, rather than to trying to
configure the CRM system to handle
functions it was never designed to
handle.

April 2015
December 2019
5/09/2017 Status: not submitted
January 23, 2018 Update:

Not Implemented
IT has been able to create a table that extracts customer information from the FUND$ and RouteSmart™. However, and due to the limitations of FUND$, this link takes hours to download information into RouteSmart™ versus that the company states should take minutes. Therefore, until the installation of the ERP process is completed, RouteSmart™ cannot be used to its full route optimization capabilities.

March 12, 2019
Not Implemented
Working with RouteSmart™ for further integration was deemed not worthwhile as that system does not integrate with ArcGIS which is the City’s primary system for spatial data. IT released an RFP on behalf of Public Works for Zero Waste Management software on October 18, 2018. The RFP was for a Zero Waste Management System and Professional Services consisting of a Waste Billing System, a Waste Computerized Maintenance Management System and a Route Optimization System. One proposal was received. If the proposal is

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March 24, 2020 Update:

Not Implemented
After evaluating various applications and discussed by IT. IT-CS and PW, a link between RouteSmart and CRM cannot be installed.

Therefore, the first step of soliciting a new Zero Waste software management system. Then, an RFP for new routing software will be issued. In IT-CS will be soliciting a new CRM system.

November 13, 2022 Update
Dropped
Contract awarded to AMCS to install new customer account & financial software platform to be up and running by mid-2024.

2.3 Appoint individuals at
the management,
supervisory, and line
staff levels to meet and
identify Zero Waste
Division operational and
analytical reporting
needs based on the
performance goals at
each level of the
organization. Work with
IT staff to determine
responsibility and
establish timelines for
developing the reports.

Public
Works
Agree. September 2016 5/09/2017 Status: not submitted
January 23, 2018 Update:

Implemented
ZWD along with IT, 311 Call Center, and Revenue Collection have established a monthly meeting to address operational and reporting needs; and create action plans to address those identified needs.

These monthly reports included reviewing and analyzing as a Group:
1) monthly 311 calls on various the community members zero waste issues, 2) develop resolutions on community members’ zero waste issues (reviewed weekly by 311 and ZWD personnel), and 3) review and resolve community members’ LAGAN cases created by 311 calls.

2.4 Designate a business-
line expert within the
Public
Works
Agree
December 2018
5/09/2017 Status: not submitted
January 23, 2018 Update:

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December 2019
May 2021
Not Implemented
In late 2016 and with RouteSmart™ staff input, ZWD reviewed its current staff capability to implement complete routing needs. And it was determined, the ZWD staff is not currently capable of this effort.

ZWD has only recently achieved sufficient fund balance to have the funding ability to budget and requisition this job classification with its annual budget. With the completion of the optimization of commercial routing, ZWD in collaboration with IT will propose to fund this position in FY2019.

March 12, 2019 Update:

Not Implemented
Additional staffing positions have been proposed as part of the budget process with both the Senior Solid Waste Supervisor and an Associate Management Analyst being tasked with route optimization once new software has been identified and implemented. As mentioned elsewhere in this table, an RFP process for this software is currently underway.

March 24, 2020
Dropped
Existing software (FUND$ and RouteSmart™) are not capable or adaptable to allow configuration of optimal routing. IT received one proposal for an RFP for a Zero Waste Management System that includes a Waste Billing System, a Waste Computerized Maintenance Management System on October 18, 2018. Once the contract is finalized and the system installed, an RFP for Routing System may be released. With a user-friendly routing system, performance metrics; such as, cart set out and participation rates cubic yards/tons collected; can be complied and reports developed.

2.5 Assess the benefits of
using mobile
technologies that would
allow drivers to enter
information directly into
the CRM system while on
their routes, take
pictures of why pickups
were skipped, and
implement electronic
Public
Works
Agree
The Zero Waste Division will work
with Information Technology and
Human Resources Departments to
assess the pros, cons, and
feasibilities of mobile technologies
(hardware and software).
5/09/2017 Status: not submitted
January 23, 2018 Update:

Not Implemented
ZWD with IT input has been working with the RouteSmart™ to determine if ZWD can utilize its mobile technology to improve route management and provide real-time service data to the customer service representatives in the 311 Call Centers. Fixed unit GPS units are available in the marketplace to track truck movements, such as, missed pickups. However, and with any mobile technology, these systems are constantly involving and improving. Therefore, any investment in a mobile system will not be implemented until the

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Include in the
assessment changes to
job responsibilities that
might require a meet and
confer with union
representatives.

Purchase the software
and hardware if cost
beneficial.

December 2019
January 2021
August 2024
City’s ERP project vendor selected, contract awarded and then ZWD/IT needs assessment completed.

March 12, 2019
Partially Implemented
IT released an RFP on behalf of Public Works for Zero Waste Management software on October 18, 2018. The RFP was for a Zero Waste Management System and Professional Services consisting of a Waste Billing System, a Waste Computerized Maintenance
Management System and a Route Optimization System. These systems will utilize onboard mobile hardware. In addition, this system will integrate with the new GPS solution which will integrate with the Zero Waste solution allowing for real time decision making and route information. Exact capabilities of both systems will be validated and coordinated as part of the contracting process once the vendors are selected.

March 24, 2020 Update
Partly Implemented
IT released an RFP for a Zero Waste Management System and Professional Services consisting of a Waste Billing System, a Waste Computerized Maintenance Management System will allow a follow- up RFP for Route Optimization System on October 18, 2018. One proposal was received. IT and Legal are in the process of finalizing a contract with the vendor with software installation to follow. Once this system is installed and operating, an RFP for onboard truck/route/customer reporting system may be released.

November 13, 2022 Update
Dropped
Contract awarded to AMCS to install new customer account & financial software platform to be up and running by mid-2024.

2.6 Work jointly with the
Department of
Information Technology
and the Department of
Finance to develop and
automate script flows in
the CRM system to
ensure that all cases
undergo the appropriate
Public
Works
Agree
October 2016
5/09/2017 Status:
not submitted
January 23, 2018 Update:

Implemented
ZWD, IT, 311 Call Center, and Finance have developed script flows with use of the CRM tracking systems to ensure all cases receive appropriate review prior to closing. These cases are compiled and reviewed weekly and monthly by ZWD, IT, 311 Call Center, and Finance staff.

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2.7 Use the reports
developed from
implementing
recommendation

2.4 To monitor
customer complaints
and determine what
impact the annual bid
process has on
customer service. If
the information
demonstrates the
annual bid process
significantly affects
customer service,
meet and confer with
union representatives
to discuss the
elimination the annual
route bidding process
to help reduce
customer complaints
and improve service
delivery.

Implement change if
Public
Works
Agree
Zero Waste will use the CRM system
to monitor customer complaints and
help assess the effect of the yearly bid
process.

January 2019
June/August 2019
January 2021
5/09/2017 Status: not submitted
January 23, 2018 Update:

Not Implemented
ZWD services 62 commercial route days and these ZWD’s routes include: 42 refuse route days, 11 fiber (cardboard, paper) route days, 5 mixed recyclable route days and 6 plant debris/food waste routes days. After the new commercial accounts are optimized with existing commercial accounts/routes, ZWD will be in the position to numerically determine if the annual bid system is affecting customer service. With this information completed, this would enable ZWD to meet and confer with the Union.

June 4, 2018 Update:

Not Implemented
With the integration of an additional 440 commercial accounts (had been serviced by either Waste Management, Inc. or Republic Services, Inc.) completed March/April 2018, with existing commercial accounts/routes, ZWD is in the position to numerically determine if the annual bid system is affecting customer service in April 2019.

When this information is completed, ZWD will have information to meet and confer with the Union.

March 12, 2019
Not Implemented
The annual bid process is set to begin February 2019 and its impacts will be evaluated June 2019.

March 24, 2020 Update:

Dropped
Meet and confer with SEIU 1021 is ongoing and the Route Bid system as currently handled is in place. With the completion of the meet and confer, it will be reassessed at that time.

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2.8 Create a method for
community members to
track the status of their
cases online, which will
reduce the call volume
to the 311 Call Center.

Information
Technology
Agree
This functionality will be available
after the upgrade of our CRM
system is complete, currently
scheduled to be no later than the
end of FY 2015.

June 2016
June 2020
January 2022
5/09/2017 Status: not submitted
January 23, 2018 Update:

Not Implemented
Currently 311 team members create cases and assigned them to the appropriate service queue for ZWD investigation and response. This system allows the City to internally track issues but the ability of community member to track independently or via the City website has not been linked.

Currently the City is implementing an Enterprise Resource Planning (ERP) project to replace the FUND$ system and to update the City website. With the installation of the selected ERP, then the CRM system can be integrated with the ERP system. This integration would allow community members’ to track their issues, such as, missed pickups, cost of service, etc. only.

March 12, 2019
Not Implemented
IT released an RFP on behalf of Public Works for Zero Waste Management software on October 18, 2018 for a complete Zero Waste Solution. Software installation and implementation is anticipated to begin immediately upon contract execution in May 2019, with software operational by December 2019. Subsequently, IT will be issuing an RFP for a new 311 system to replace LAGAN that will integrate with the Zero Waste solution. One of the objectives of these new systems is to provide customers the ability to track their requests.

March 24, 2020 Update
Partially Implemented
IT released an RFP for a Zero Waste Management System and Professional Services consisting of a Waste Billing System, a Waste Computerized Maintenance Management System will allow a follow- up RFP for Route Optimization System on October 18, 2018. One proposal was received. IT and Legal are in the process of finalizing a contract with the vendor with software installation to follow. Once this system is installed and operating, an RFP for onboard truck/route/customer reporting system may be released. With an onboard system linked to Customer Relationship Management (CRM)

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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
July 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: Audit Status Report: Unified Vision of Zero Waste Activities Will Help Align Service Levels with Billing and Ensure Customer Equity

INTRODUCTION
The Office of the City Auditor presented to the City Council a September 20, 2016 Report: Unified Vision of Zero Waste Activities Will Help Align Service Levels with Billing and Ensure Customer Equity. The City Auditor conducted the audit to assess whether the City of Berkeley is correctly billing customers based on their actual refuse collection levels; whether all Berkeley residents are signed up to receive refuse, recycling, and plant debris collection service as required by the Berkeley Municipal Code; and whether there are opportunities for improving both refuse and service delivery operations. This is the final status report on the efforts made to implement the Audit Report’s recommendations, which are slated for no further follow-up action as recommended by the City Auditor for all audits more than five years old.

CURRENT SITUATION AND ITS EFFECTS
The Audit Report included twelve (12) recommendations for the Office of the City Manager and Departments of Finance, Information Technology, and Public Works to review, implement, and report to Council regarding the status of recommendations. This is the fifth and final status report on the recommendations. Public Works has continued to make progress since the last status update. The Auditor’s Office verified six recommendations as implemented and has dropped the remaining six recommendations. Please see Attachment 1 for a detailed table of audit report recommendations, corrective actions, and implementation progress.

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Audit Status Report: Unified Vision of Zero Waste Activities CONSENT CALENDAR Will Help Align Service Levels with Billing and Ensure Customer July 25, 2023 Equity
2 BACKGROUND
Public Works’ Zero Waste Division is responsible for the collection of residential material, including refuse, recycling, and composting; collection and processing of commercial material, including refuse, recycling, and composting; off-site hauling and composting of green/food waste for all customers; off-site hauling, sorting, and marketing of construction and demolition debris for all customers; and manages contracts related to the above work.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
With the implementation of the Audit’s recommendations, the Zero Waste Division will continue to help reduce the volume of waste landfilled and:
 Increase residential composting, recycling, and source reduction.  Increase commercial composting, recycling, and source reduction.  Increase recycling of construction and demolition (C&D) debris.  Expand efforts to eliminate waste at its source.
 Increase waste diversion in public buildings.

All of these above-noted items promote the City’s zero waste goal and are included in the approved Climate Action Plan Goals for Waste Reduction and Recycling.

POSSIBLE FUTURE ACTION
Public Works will continue to take timely and focused action(s) to address outstanding and partially implemented recommendations. The Zero Waste Division is working with the Information Technology and Finance Departments to select the software solution(s) needed to facilitate the implementation of the audit recommendations.

FISCAL IMPACTS OF POSSIBLE FUTURE ACTION
Public Works will update Council periodically on the progress, resources available, and any additional funding needed to address those recommendations that remain outstanding and partially implemented.

CONTACT PERSON
Greg Apa, Solid Waste and Recycling Manager, (510) 981-6359 Attachment:

1. Audit Findings and Recommendations Response Form

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1.1 Agree to a common and unified
vision for zero waste operations.

Discuss the long-term zero waste
goals, objectives, and key initiatives
and share that information with
those responsible for day-to-day
operations. Use meetings and
informal communications to
regularly encourage staff to
embrace a unified view of zero
waste operations.

City
Manager’s
Office and
Team
Response:

Public
Works,
Finance,
and
Information
Technology
Agree October 2016 January 23, 2018 Update
Implemented
Since late 2015, Zero Waste, 311, and IT (called collectively the Customer Solutions Group or Group) have met on a monthly basis to discuss operational issues that affect the three
divisions. Given that this Group was already in place and per the Auditor’s recommendation, the Group opted to include Finance as a participant instead of creating of a separate
team and meeting.

The meetings’ monthly agenda identifies that the Group’s primary focus is the development and continuous implementation of a common approach by all members to ensure a unified vision for zero waste operations for all community members. In addition, the meetings’ agenda details those customers’ issues as they occur, so that, the Group’s members resolve them. These resolutions are applied by the Group to continue its efforts to strive towards the City’s zero waste goals and the initiatives needed to attain these goals.

1.2 Form a zero waste team
comprised of managers and line
staff involved with zero waste
operations (i.e., waste collection,
billings, customer calls, systems
support). Include a diverse pool of
people who can share ideas,
resources, and knowledge. Have
the team members’ work
collectively to evaluate their
respective functions; the
interrelationships among their
departmental activities; and the
practices, policies, and procedures
they use to perform their zero
waste account management and
operations functions. Ensure that
the team understands that their
Team
Response:

Public
Works,
Finance,
and
Information
Technology
Agree October 2016 September 20, 2016 Update
Implemented
Zero Waste, 311, and IT meet on a monthly basis to discuss operational issues that affect the three divisions. This meeting schedule has been in existence for over one year.

Since there was already a setup in place, we decided to include Finance as a participant versus create a separate team. We expanded the group and meeting scope to accommodate the Auditor’s recommendations. At every meeting, it will be the first agenda item to make sure all participants are made aware of the team’s concept. We will consider this completely implemented by October 2016, as at that time we will have met twice within the capacity required by this audit recommendation. This will be a regular meeting for the foreseeable future. The team members do understand that the Zero Waste operation is an enterprise with different parts and that the success of the operation depends on each of these distinctive units working together.

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1.3 Require the zero waste team formed
in response to recommendation 1.2 to
develop written procedures that
clearly support cross- departmental
strategies and help staff perform their
work, as well as understand how their
work contributes to success. Include
information that helps promote the
unified view of zero waste operations,
while also explaining the individual
tasks that take place within the
departments and how those connect.

Examples include, but are not limited
to, describing the process for routing
customer cases from 311 calls, and
detailing in layman’s terms the
monthly updates that take place to
align the CX and RouteSmart systems.

Also see recommendation 1.2.

Team
Response:

Public
Works,
Finance,
and
Information
Technology
Agree Originally
Expected
December 2017

July 2019
September 20, 2016 Update
Staff from the Zero Waste Division, 311 Customer Service Center, Information Technology, and Finance Revenue Collection are reviewing and updating standard operating procedures for refuse and recycling services; reconfiguring and updating webpages; and creating technical assistance tools for zero waste customers. In July 2016, the group participated in an IT Strategic Plan Workshop to review the start of service process using the Rapid Workflow Process Model. The group will use this model to review other critical workflow processes.

January 23, 2018 Update
Partially Implemented
The Customer Solutions Group is constantly reviewing and updating standard
operating procedures for refuse and recycling services; reconfiguring and updating webpages; and creating technical assistance tools for its zero waste customers. An example of this effort is Zero Waste and 311 identified issues related to responding to the community members complaints related to collection services. Zero Waste and 311 developed 311’s scripted response and Solid Waste Supervisor response flow chart to ensure these issues were addressed within a 48 hour time frame.

In July 2016,
the Group participated in an IT Strategic Plan Workshop to review the start of service process using the Rapid Workflow Process Model. And as of this date, the ERP implementation schedule hasn’t reached its scheduled timeline to integrate CX and RouteSmart systems. Nonetheless, the Group will use this Model to review other
critical workflow processes to ensure that updates are developed in layman’s terms in its monthly updates.

September 25, 2018 Update
Partially Implemented

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ATTACHMENT No. 1
Audit Title: Unified Vision of Zero Waste Activities Will Help Align Service Levels with Billing and Ensure Customer Equity Findi
ngs and Recommendations Lead D
ept. Agree,
Partia
lly
Agree, or
Do Not
Agree and
Corrective
Action Plan
Expect
ed or
Actual
Implementation
Date
Statu
s of Outstanding Audit Recommendations and Implementation Progress Summary
December 2019
January 2021
July 2024
IT administration, IT-311 and Zero Waste have commenced efforts, such as, an As-Is (existing software) review to improve customer interface with the City and a To-Be (future software) for the development of an RFP to solicit new software for new customer interface, refuse billing and routing systems. These reviews were facilitated by the City’s software consultant, Third Wave. The RFP is tentatively scheduled for a late 2018 release.

Rather than the purchase of another software system to integrate the existing inefficient (i.e., requires another software program to be bolted on to existing software), and inadequate software, a new routing and customer billing system would replace the CX and RouteSmart™ systems, integrate with ERMA and would be customer driven resolution and coordinated billing system.

March 12, 2019 Update
Partially Implemented
IT released an RFP on behalf of Public Works for Zero Waste Management software on October 18, 2018. The RFP was for a Zero Waste Management System and Professional Services consisting of a Waste Billing System, a Waste Computerized Maintenance Management System and a Route Optimization System. One proposal was received. If the proposal is accepted, software installation and implementation is anticipated to begin immediately upon contract execution in May 2019, with software operational by December 2019
March 24, 2020 Update
Partially Implemented
IT released an RFP for a Zero Waste Management System and Professional Services consisting of a Waste Billing System, a Waste Computerized Maintenance Management System will allow a follow-up RFP for Route Optimization System on October 18, 2018. One proposal was received. IT and Legal are in the process of finalizing a contract with the vendor with software installation to follow.

November 13, 2022 Update
Dropped
Contract awarded to AMCS, July 2020, to install new customer account & financial software platform to be up and running by mid-2024.

1.4 Require the zero waste team
formed in response to
Team
Response:

Agree October 2016 September 20, 2016 Update
Implemented.

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ATTACHMENT No. 1
Audit Title: Unified Vision of Zero Waste Activities Will Help Align Service Levels with Billing and Ensure Customer Equity Findi
ngs and Recommendations Lead D
ept. Agree,
Partia
lly
Agree, or
Do Not
Agree and
Corrective
Action Plan
Expect
ed or
Actual
Implementation
Date
Statu
s of Outstanding Audit Recommendations and Implementation Progress Summary
recommendation 1.2 to have
regular meetings, e.g., quarterly, to
share information about their
operations and the known or
expected changes and events that
may impact cross-functional
efforts. These meetings may need
to be more frequent at first and
less frequent over time. The team
should use their meeting time to:
 Identify continued barriers to
change.
 Decide on solutions
that will help
overcome barriers.
 Share information about the
challenges preventing staff from
meeting operational objectives.
 Make cross-departmental
decisions to improve processes
and customer service.

Also see recommendation 1.2.

Public
Works,
Finance,
and
Information
Technology
As mentioned in response to recommendation 1.2, we expanded our existing monthly meeting to include Finance. The purpose of those meetings has always been to share information about operational and staff challenges. We expanded the meeting to include specific suggestions for this recommendation.

This initiative will be a continuous process that will be put in place for years to come as it becomes part of managing the operations of Zero Waste.

1.5 In collaboration with Information
Technology and as part of
Enterprise Resource Planning,
budget for, select, and install an
account management system
designed for zero waste activities.

Use information from the zero
waste team evaluation
(recommendation 1.2) and zero
waste strategy analyses
Team
Response:

Public
Works and
Finance
Agree January 23, 2018 Update
Not Implemented
The current Customer Relationship Management (CRM) system will not integrate with RouteSmart™ due to both FUND$ and CRM system limitations. The City is currently engaged in the Enterprise Resource Planning process to replace the FUND$ and then integrate the CRM system, which according to the current schedule by June 2019. The long term solution will be to procure a new customer management, operations and billing software that will fully integrate the RouteSmart™ with the new ERP.

Zero Waste Division and the Customer Solutions Group is actively engaging with IT to ensure that the new ERP system recognizes that Zero Waste Division is an enterprise funded operation. That is, it would be desirable to utilize RouteSmart system’s

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ATTACHMENT No. 1
Audit Title: Unified Vision of Zero Waste Activities Will Help Align Service Levels with Billing and Ensure Customer Equity Findi
ngs and Recommendations Lead D
ept. Agree,
Partia
lly
Agree, or
Do Not
Agree and
Corrective
Action Plan
Expect
ed or
Actual
Implementation
Date
Statu
s of Outstanding Audit Recommendations and Implementation Progress Summary
(recommendation 1.8) to identify
the critical business needs that
should be included in the purchase
of new zero waste account
management system, or that should
be considered when determining
whether sufficient middleware
options exist to fully integrate
existing systems with the new
account management software.

Also see recommendations 1.2 and

1.8. July 2019
December 2019
January 2021
July 2024
capabilities to generate customer driven service requests (work orders), whereas the current ERP system is a City staff internally generated system input. IT has recognized that to provide seamless CRM service that a Request for Proposals (RFP) for an application that delivers the most efficient financial and operational software system that specifically handles the Zero Waste collection services will be written in FY2018 as part of Phase 2 of the ERP project.

September 25, 2018 Update
Partially Implemented
IT administration, IT-311 and Zero Waste have commenced efforts, such as, an As-Is (existing software) review to improve customer interface with the City and a To-Be (future software) for the development of an RFP to solicit new software for new customer interface, refuse billing and routing systems. These reviews were facilitated by the City’s software consultant, Third Wave. The RFP is tentatively scheduled for a late 2018 release.

November 13, 2022 Update.

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1.6 Incorporate systems thinking into the
hiring process for both competitive
and promotional recruitments:
 Describe the interdependent
nature of zero waste
operations in job
announcements.
 Highlight the cross-
functional responsibilities
and relationships in job
descriptions. Discuss cross-
functional experiences
during job interviews to gain
an understanding of an
applicant’s mindset about
shared accountability.

Team
Response:

Public
Works and
Finance
Agree
Difficult to
implement I and
II because some
classifications
are not specific
to Zero Waste
operations but
are general
classification
that are
Citywide Item III
– During job
interviews for
Zero Waste
functions,
questions are
tailored to
potential hires
about the
working
conditions
specifically as
the relate to
Zero Waste.

October 2016
October 2016
September 20, 2016 Update
Public Works is currently recruiting for zero waste and using the interview techniques described. Finance and IT, however, are not in the process of, or able to identify when they will be, recruiting for a position for which this recommendation applies.

Therefore, we cannot identify a future implementation date. However, both IT and Finance applied these concepts in recent hires. Additionally, all the departments intend to use the concepts described in the recommendation as much as allowable and consider this recommendation implemented.

During the interview process, candidates are provided an overview of Zero Waste Division operations including relationships with other departments, the strategic priorities used to guide our everyday thinking and application of resources, and owning the commitment to excel in the areas of courtesy, knowledge, promptness, and teamwork.

To the extent possible and allowable by the City’s recruitment practices, we will include in our recruitment materials information that conveys to applicants for general classifications that their work will include cross-functional responsibilities and shared accountability.

January 23, 2018 Update
Implemented
The Departments of Public Works and Human Resources have reviewed the process of development of job announcements, such as, the recent hiring of Zero Waste Division Operations Manager to directly address the issues noted in this Recommendation.

With this job description for the Operations Manager and future Zero Waste management, administrative and operation staff positions will include a description of the interdepartmental nature of zero waste operations, and highlight cross-functional responsibilities.

1.7 Require that someone other than
the person who manually calculated
the zero waste rates and entered the
updated rates into the CX module
Finance Agree May 2015 September 20, 2016 Update
Completed. For FY 2016 updates, which was input in 2015, Finance implemented a Quality Assurance process in which an error report was produced by IT. The Supervisor reviewed the report and made corrective changes. The report was re-

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Ensure that management is also
notified of the errors, verifies that the
corrections were made, and signs off
on the review.

July 2024
produced two other times to make sure all the error was fixed and the Manager of the unit signed off on the final report before finalizing system changes.

January 23, 2018 Update:

Implemented
The initial base rates were approved by Resolution No. 66,600-N.S. effective July 1, 2014 for FY2015. The Department of Public Works administration calculates the next Fiscal Year’s rates based on the previous Fiscal Year’s rates. The rates are calculated utilizing the current CPI, the published April annual rate, or 3%, whichever is greater.

These new FY rates and calculations are verified and signed off by Zero Waste Division Manager. The completed approved Rate Tables are then forwarded to the Finance Department Revenue Collections Manager for final verification and FUND$ system input for billing.

November 13, 2022 Update
Implemented
Contract awarded to AMCS, July 2020, to install new customer account & financial software platform to be up and running by mid-2024. New Rates were proposed at a 12/07/2022 Council Work Session that was to include the cost of AMCS. The Proposition 218 rate approval process was put on hold by City Agenda Committee in January 2022.

1.8 Request that Information Technology
use the CX module data extracts,
such as the one used for this audit, to
provide Public Works staff with the
data they need to analyze zero waste
strategies. Use the data extracts to
further identify the critical business
needs for new zero waste account
management software.

Also see recommendation 1.5.

Public Works Agree Originally
Expected:

December 2016

September 20, 2016 Update
We will ask IT to provide our fiscal services and zero waste strategy staff with CX data using existing data extracts, and use that for data analytics using software such as Excel. We will use these extracts to help identify the reporting needs of a new zero waste account management system.

If needed, IT staff can provide reports or training to Public Works staff so they are able to run the reports themselves or extract the information in the format needed, if feasible.

January 23, 2018 Update
Not Implemented
The CX module data utilized for this Audit was specifically designed to support the data request and this is what is called a bolt-on module, which means, it retrieves specific data requested from the CRM. Any module development requires IT to code, test and implement these bolt-on modules for a specific request. To analyze all appropriate data to identify a critical Zero Waste Division business need(s) would require the utilization of data residing in RouteSmart™. The Current CRM system will not integrate or auto-populate with RouteSmart™ due to CRM system limitations. Per

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The long term solution will be to procure a new customer management, operations and billing software that will integrate and fully utilize the RouteSmart™ data. An RFP for an application that delivers the most efficient financial and operational software system specific to the Zero Waste Division operational and the solid waste industry requirements is scheduled to be developed in FY2018 as part of Phase 2 of the ERP project.

September 25, 2018 Update
Partially Implemented
IT provided extensive CX data in support of the Commercial Route expansion. During the expansion which involved adding over 400 accounts, critical limitations of the CZX software were identified. Additionally, IT facilitated the key departments to complete an As-Is analysis of existing software to identify areas of improvement. The departments have completed s To-Be analysis of future software which was the basis for a Request For Proposals (RFP) to solicit new software for new customer interface, refuse billing and routing systems. Both the CX (customer account management and billing software) and RouteSmart™ (collection routing software) systems are planned for replacement within the next year. These reviews were facilitated by the City’s software consultant, Third Wave. The RFP is tentatively scheduled for late 2018 release. IT administration, IT-311 and Zero Waste are collaborating to ensure a unified approach.

This new routing and customers billing software will the CX and RouteSmart™ Systems and integrate with Erma, the City’s new financial software system. The new software will be customer driven and provide enhanced, coordinated billing system.

March 24, 2020 Update
Partially Implemented

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ATTACHMENT No. 1
Audit Title: Unified Vision of Zero Waste Activities Will Help Align Service Levels with Billing and Ensure Customer Equity Findi
ngs and Recommendations Lead D
ept. Agree,
Partia
lly
Agree, or
Do Not
Agree and
Corrective
Action Plan
Expect
ed or
Actual
Implementation
Date
Statu
s of Outstanding Audit Recommendations and Implementation Progress Summary
July 2024
IT released an RFP for a Zero Waste Management System and Professional Services consisting of a Waste Billing System, a Waste Computerized Maintenance Management System will allow a follow-up RFP for Route Optimization System on October 18, 2018. One proposal was received. IT and Legal are in the process of finalizing a contract with the vendor with software installation to follow.

November 13, 2022 Update.

Dropped
Contract awarded to AMCS to install new customer account & financial software platform to be up and running by mid-2024.

1.9 Perform, or contract for, a fully
comprehensive route audit to align
service delivery with billing rates.

Use the route audit to:
 Make CX module and/or
RouteSmart system updates
to ensure customers are billed
correctly for their City-
provided services.
 Ensure that all residential
accounts are receiving
required services.
 Ensure that the commercial
accounts that the City is
responsible for receive and pay
for the zero waste services
required by City policy. Verify
that roll-off bin customers
serviced by the Zero Waste
Division are accurately billed.

Public Works Agree Originally
expected: July
2018

December 2019
September 20, 2016 Update
As part of the route audit, actual service levels will be compared against data in the CX module and appropriate updates made to ensure that all residential and commercial accounts are receiving required services and billed correctly for those services. Route books will also be updated to reflect the results of the route audit.

January 23, 2018 Update
Not Implemented
IT has created a table for monthly routing development that extracts customer information from the FUND$ and provides the data to be then downloaded into RouteSmart™. Due to the FUND$ system limitations, this link takes hours to download information into RouteSmart™. The company, RouteSmart™, has stated that this integration process should take minutes. The City will be replacing the ERP system in June 2019 and then the CRM system would be upgraded or replaced.

The long term solution is to integrate the new customer management, operations and billing software with RouteSmart™. With RouteSmart™ full utilization and the integration of a work order system, the invoicing system could be customer based, i.e. customers’ billing and services are directly linked with the new EFP implementation, to allow the City to more easily reconcile services provided with customers’ invoices.

September 25, 2018 Update
Partially Implemented
IT facilitated the key departments to complete an As-Is analysis of existing software to identify areas of improvement. The departments have completed s To-Be analysis of future software which was the basis for a Request For Proposals (RFP) to solicit new software for new customer interface, refuse billing and routing systems. Both the CX (customer account management and billing software) and RouteSmart™ (collection routing software) systems are planned for replacement within the next year. These reviews were facilitated by the City’s software consultant, Third Wave. The RFP is

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August 24, 2022 Update.

Dropped
Contract awarded to AMCS to install new customer account & financial software platform to be up and running by mid-2024.

1.10 Enforce the requirement for zero
waste drivers to compare actual
service levels against route books
and addenda during their collection
routes, and report any variances to
the Zero Waste Division supervisor
for correction. Ensure that the
drivers’ efforts are supported by
taking action to correct the
Public
Works
Agree. December 2016 September 20, 2016 Update
We agree that the actual service levels should be compared against route books but believe that enforcing the policy to have drivers do onsite comparisons is no longer an efficient use of our drivers’ time. We are exploring other options, such as using student interns to do the comparisons.

January 23, 2018 Update
Implemented
The Zero Waste drivers are reminded monthly to verify actual service levels with the route books for their collection routes by the Zero Waste Management Team. The Zero Waste dispatcher(s) are in constant communication with the drivers to ensure service levels are correct. If service levels are not corrected, Zero Waste Supervisor(s)

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1.11 When drafting new franchise hauler
agreements:
 Clearly define the fee calculation
requirements.
 Clearly define the type of
financial data and reports that
the haulers must submit to
support their fee calculations.

Create and enforce the use of
standardized forms for the
franchise haulers to use when
remitting their fees to facilitate
Public Works staff’s review.

Public
Works
Agree Originally
Expected:

December 2017

July 2019
September 20, 2016 Update
The City has contracted with a consultant to assess development and implementation costs related to the City’s planned in-house commercial hauling system, and evaluate the financial and operational impacts of that system on the City and on existing commercial customers. The study will look at future franchise agreements for waste collection services and will include these factors.

January 23, 2018 Update
Not Implemented
The City Council approved a recommendation to replace the current non-exclusive franchise collection system for commercial refuse and recyclables with in-house commercial refuse and recycling collection services except for roll-off service. In FY19, Public Works’ will be issuing an RFP to solicit a consultant to review all Transfer Station and residential and commercial community members’ rates. Once contracted, the consultant will assess development and implementation costs related to redesigning the franchise
commercial hauling system to provide for roll-off and
compactor services. Then, the consultant will evaluate the financial and operational impacts of that system on the City and on existing commercial customers.

January 23, 2018 Update
Not Implemented
No changes since last report, but progress continues on this item.

September 25, 2018 Update
Not Implemented
No changes since last report, but progress continues on this item.

March 12, 2019 Update
Dropped
With Zero Waste Division successful completion in March 2018 of the integration of commercial accounts (440 +) formerly collected under the existing Non-Exclusive Commercial Hauler Franchise Agreement system, revision of the existing system is not required. Zero Waste does not anticipate issuing new Franchise Agreements but will work with the three existing Franchisees during the next Franchise Agreement renewal process in 2020 to enhance reporting requirements. Public Works will also evaluate the published fees as set by resolution as listed in 9.60.260 of the Municipal Code.

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1.12 Continue to investigate whether the
franchise hauler erroneously
removed recyclables from its fee
calculations and, if so, back bill as
allowable, per state law and city
code.

Public
Works
Partially Agree Originally
Expected;
December 2016
October 2018

September 20, 2016 Update
City Council Approved a Public Works Action Calendar Item to replace the current non-exclusive franchise collection system. Public Works’ long-term plan is for the department to take over all commercial zero waste services except for roll-off containers and compactors. Given the planned changes, it is not practical or cost- effective to undertake the task of investigating the past fee calculations. However, moving forward, for any franchise hauler agreements we may have, we will require that staff have written procedures in place that describe the correct calculations for determining what that haulers owe the City, and that staff review invoices for accuracy in comparison to those calculation requirements.

January 23, 2018 Update
Alternative Implemented
At its May 26, 20151, the City Council approved a Department of Public Works Action Calendar Item to replace the
current non-exclusive franchise collection system. The Council’s approved Public Works’ long-term plan for in-house collection of these non- exclusive commercial waste collection
services except for roll-off and compactor
services. This in-house commercial waste collection by Zero Waste Division is scheduled to start March 1, 2018 as detailed at the October 10, 2017 Council Work session2. Given the approved action with the non-exclusive franchisees termination, it would be neither practical nor cost-effective to undertake the task of investigating the past fee calculations. ZWD staff agrees for any future franchise hauler agreements for roll-off and compactor services that staff will have written procedures in place that describe the correct calculations to determine what that owe the City, and that staff will review invoices for accuracy in comparison to those calculation requirements.

September 25, 2018 Update
Dropped
Beginning in March 2018, the Zero Waste Division began collecting commercial waste, recyclables and compost in-house, except for roll-off and compactor services. Written procedures that describe the correct calculations are in progress concurrence with the implementation of Erma, the City new financial software system, to start October 1, 2018.
1 https://www.cityofberkeley.info/Clerk/City_Council/2015/05_May/Documents/2015-05-26_Item_34_Zero_Waste.aspx 2 https://www.cityofberkeley.info/Clerk/City_Council/2016/09_Sep/Documents/2016-09-13_WS_Item_01_Zero_Waste_Worksession.aspx

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

CONSENT CALENDAR
July 25, 2023
To: Honorable Mayor and Members of the City Council
From: Mental Health Commission
Submitted by: Monica Jones, Chairperson
Subject: Resolution to Adopt a City-Wide “Care First, Jails Last” Policy

RECOMMENDATION
Adopt a Resolution adopting a city-wide “Care First, Jails Last” policy that prioritizes the use and/or development of a continuum of care for individuals with mental illness, substance use, or co-occurring disorders rather than incarceration. Require City departments that have contact with the public to revise policies, procedures, and practices to reflect this priority and policy resolution. Require City Council to use this priority and policy resolution to inform budgetary priorities.

SUMMARY
Care First, Jails Last is a policy that is used nationwide – prioritizing the care of persons with mental illness and/or substance use disorders who allegedly commit crimes over their incarceration. In fact, in 2021, the Board of Supervisors for Alameda County adopted a similar “Care First, Jails Last” resolution, establishing a taskforce to create policies, procedures, and practices consistent with the resolution. The City of Berkeley needs to join Alameda County and other jurisdictions nationwide (like Los Angeles) in adopting a “Care First, Jails Last” policy resolution because (1) not all of the City’s Mental Health funding comes from the County so having its own resolution will ensure that the City will also follow a Care First, Jails Last resolution like the County of Alameda regardless of funding sources; (2) a Care First, Jails Last resolution is necessary for the success of other programs already under way such as the Specialized Care Unit (which will treat those in mental health and/or substance use crises without police); and (3) following Care First, Jails Last policy will lead to more cost-effective and overall successful outcomes than incarceration.
(
https://www.apa.org/monitor/julaug03/alternatives; https://www.nami.org/Blogs/NAMI- Blog/March-2021/The-Cost-of-Criminalizing-Serious-Mental-Illness ) At the May 15th Mental Health Commission meeting the Mental Health Commission passed the following motions on a revised version of the Care First, Jails Last Resolution:

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Resolution to Adopt a City-Wide “Care First, Jails Last” Policy

Page 2 ends

M/S/C (Opton, Prichett) Motion to omit the last sentence preceding the subtitle “Background” on Page 2, that starts with “The Mental Health Commission and ends with Policies”.

Ayes: Appel, Opton, Prichett, Kimber-Smith, Turner; Noes: None; Abstentions: None;

Absent: Fine, Harrison, Jones.

M/S/C (Appel, Kimber-Smith) Motion to adopt this resolution with the omission on the one sentence.

Ayes: Appel, Opton, Prichett, Kimber-Smith, Turner; Noes: None; Abstentions: None;

Absent: Fine, Harrison, Jones.

FISCAL IMPACTS OF RECOMMENDATION
There will be minimal fiscal impacts to the City of Berkeley in choosing to provide “care” over “jails.” Indeed, the cost of the care for an individual in a crisis care center or other facility associated with care will not be billed to the City of Berkeley, but rather to Medi- Cal who finances treatment and services to our vulnerable and marginalized people. It is true that some of these care facilities only accept Medi-Cal (not private insurance); however, there are usually private insurance options available at other comparable facilities should this be needed. There may be minimal costs to the City in the form of staffing time so as to revise existing policies and procedures or to create new policies and procedures consistent with this resolution.

CURRENT SITUATION AND ITS EFFECTS
At this time, the City of Berkeley does not have its own established diversion program (or a plan for one) that provides care (non-incarceration) options for those who have allegedly committed crimes and are experiencing mental health and/or substance use crises. People who have mental illness and/or substance use disorders and who allegedly commit crimes are taken to Santa Rita Jail. Making things worse, Santa Rita has recent history of Americans with Disabilities Act (ADA) violations resulting from their treatment of people with mental health disabilities.
https://www.justice.gov/opa/pr/justice-department-finds-alameda-county-california- violates-americans-disabilities-act-and-us (finding that those with mental illness at Santa Rita Jail would be better served by community-based alternatives). Likewise given the significantly higher suicide rate at Santa Rita Jail than most jails, based on the Department of Justice investigation into Santa Rita Jail, the City of Berkeley should consider the potential risks of placing people at these facilities when there is opportunity to offer alternatives. https://www.justice.gov/crt/case-document/file/1388891/download p. 25 (noting that from 2015 through 2019, there were at least 14 suicides in the Santa Rita Jail, which equates to a rate of suicides that is more than twice the national average in other jails).

A diversion program might, for example, allow those with misdemeanors committed while in the midst of a mental illness and/or substance use crisis to be placed in a care facility instead of in the County Jail. Currently, the City of Berkeley has no established

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Resolution to Adopt a City-Wide “Care First, Jails Last” Policy

Page 3 ends

arrangements with local crisis stabilization, detox, and withdrawal management centers or other care facilities that could serve in this diversion role. However, there are such options. The Mental Health Commission has been conducting site visits to some of these options, including Amber House, located in Oakland (close to the Berkeley border and 12 minutes from downtown Berkeley). The Mental Health Commission believes Amber House (and other facilities like it) have the potential of being an excellent alternative to jail if an agreement could be reached between the City and Amber House.

BACKGROUND
Alameda County’s “Care First, Jails Last” resolution has been effective since May 25, 2021, calling for a “just and equitable transformation of criminal justice, behavioral health, and wraparound services to reduce incarceration of people with mental illness, substance use, and co-occurring disorders in Santa Rita Jail.” Its 25-member body “charged with developing a county-wide implementation plan” has been meeting monthly for almost a year and a half. There is no clear “program” in place. There are budgetary priorities and draft plans. The approach uses that “Sequential Intercept Model” (SIM) approach which has been adopted by both the U.S. Department of Veterans Affairs and the Substance Abuse and Mental Health Services Administration (SAMHSA). This model is designed to look at various intercepts where “care” should be offered before or instead of “jail.” They include everything thing from arrest to sentencing to release in which mental health and/or substance use disorder supports could be offered to persons in need—thus placing care first when possible.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
None

RATIONALE FOR RECOMMENDATION
The City of Berkeley has not historically aimed to provide care as an alternative to incarceration. By reimagining public safety, Berkeley can embrace care for our vulnerable and marginalized populations. Additionally, we must recognize that these types of contemporary approaches are designed to improve well-being and bring our city closer to achieving equity among diverse groups. This recommendation is not a radical approach; it is a humane and common-sense goal that has been adopted by cities such as Los Angeles and counties such as Alameda County.

Additionally, this proposed recommendation will assist Berkeley’s Specialized Care Unit (SCU), when it goes into operation, by providing options for the teams who will offer non-police responses to those having mental health and/or substance use crises. One of the obstacles the SCU will face in helping those who have experienced mental health and/or substance use crises is to find the services to support them in the long-run. This resolution will commit Berkeley to focus on services over enforcement and care over jails. It is essential to making our SCU successful.

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Resolution to Adopt a City-Wide “Care First, Jails Last” Policy

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Finally, this proposed recommendation will highlight that there is a spectrum of mental health and/or substance use crises responses beyond either a 72-hour involuntary commitment to a hospital (5150) or being left on the streets, which is too often the choice our officers face. Hopefully, even in non-criminal situations our officers will recognize there are multiple care options to assist all who need help, no matter what degree of treatment required.

ALTERNATIVE ACTIONS CONSIDERED
Initially, the Mental Health Commission reviewed one particular County program: the CARES Navigation Center that is designed to address those with mental illness and/or substance use disorder who commit misdemeanors. In this situation, we would have our police officers bring persons from the City of Berkeley, who meet these criteria for the CARES Navigation Center, to this destination and they would receive care as opposed to jail. However, there have been concerns raised with the efficacy of the CARES Navigation Center (including the distance to travel there from Berkeley). More importantly, though, the Mental Health Commission believes we must serve all of those with mental illness and/or substance use disorders – not just those committing misdemeanors pre-booking. Rather we must provide care at all stages of the incarceration process, including pre-detention all the way to post-release support. This is how the benefits of care will truly be felt in our society.

CITY MANAGER
The City Manager has no objections with the content and recommendations of the Commission’s Report. Given staffing and data challenges, it will be preferable if the impacted departments (HHCS and BPD) work collaboratively with the Mental Health Commission to identify the most relevant data sources, as well appropriate reporting frequency and start time for implementation.

CONTACT PERSON
Jamie Works-Wright, MHC Secretary, HHCS, 510-981-7721
Monica Jones, Chairperson
Mary-Lee Kimber Smith, Vice Chairperson
Attachments:
1: Resolution to adopt a city-wide “Care First-Jail Last” Policy

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

RESOLUTION TO ADOPT A CITY WIDE “CARE FIRST, JAIL LAST” POLICY WHEREAS the City Council of the City of Berkeley acknowledges the need to reduce the number of people with mental illness, substance use and co-occurring disorders in our jails; and

WHEREAS the City Council of the City of Berkeley acknowledges that it is critical that we provide quality, affordable, accessible, and compassionate community-based mental health and substance use treatment options in order to reduce the number of people with mental illness, substance use and co-occurring disorders in our jails; and

WHEREAS the fundamental goal of a "Care First, Jails Last" policy is to develop a continuum of care that includes a full spectrum of treatment and housing, including preventative and outpatient services, inpatient acute and subacute facilities, licensed board and care homes, and other wraparound support services so that people with mental illness, substance use, and co-occurring disorders have a full opportunity to receive and live stable lives; and

WHEREAS the City Council of the City of Berkeley, recognizes the importance of responding to unprecedented and sustained calls from community members and behavioral health and criminal justice reform advocates to end law enforcement responses to health and social services’ needs; and

WHEREAS the Care First, Jails Last policy is consistent with the goals and mission of our Reimagining Public Safety and the resulting Specialized Care Unit; and

WHEREAS the Mental Health Commission, established pursuant to California Welfare and Institutions Code 5604 et seq, is composed of 10 to 15 members. Fifty percent of the board membership shall be consumers or the parents, spouses, siblings, or adult children of consumers, who are receiving or have received mental health services. At least 20 percent of the total membership shall be consumers, and at least 20 percent shall be families of consumers. Pursuant to Berkeley City Council Resolution No. 65,945-N.S.: “The Commission shall…Review and evaluate the community's mental health needs, services, facilities, and special problems…Advise the governing body and the local mental health director as to any aspect of the local mental health program”; and WHEREAS the COVID-19 public health and financial crisis has further highlighted the need to move away from criminalization, and to reduce our jail population and provide people with mental illness, substance use and co-occurring disorders with safe and community-based services; and
WHEREAS reducing the number of people with mental illness, substance use and co- occurring disorders and providing a quality, affordable, accessible, and compassionate community-based behavioral health continuum of care are racial justice issues; and

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WHEREAS incarceration and insufficient mental health and substance use disorder services disproportionately impact Black residents in Berkeley; and WHEREAS individuals with serious mental illness, substance use and co-occurring disorders are more likely to return to jail, experience deteriorated health, and cycle through the criminal justice system than those without serious mental illness; and WHEREAS community-based behavioral health and substance use services have been proven to reduce crime and recidivism; and
WHEREAS jails spend two to three times more money on adults with mental illness who require intervention than on those without the same needs, with little or no improvement to public safety or individuals' health; and
WHEREAS community-based care for mental illness and/or substance use disorder is less expensive and more effective than treatment offered in a jail setting; and WHEREAS both incarceration and insufficient quality, accessible behavioral health care services are linked to shortened life spans for people with mental illness, substance use, and co-occurring disorders; and
WHEREAS the Care First, Jails Last policy has demonstrated success in other jurisdictions, including Los Angeles County, in reducing incarceration and poor health outcomes of people with mental illness, substance use, and co-occurring disorders; and WHEREAS it is critical to ensure that implementing a Care First, Jails Last policy allows those with lived experiences with the criminal justice system to meaningfully inform the recommendations for what a new system can look like.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Berkeley, does hereby adopt a "Care First, Jails Last Policy" for just and equitable behavioral health care services and alternatives to incarceration that transform the city's systems of criminal justice, behavioral healthcare, and wraparound services including public benefits, social services, and housing to prioritize preventative, rehabilitative, health-focused programs; and

BE IT FURTHER RESOLVED that the work advancing the Care First, Jails Last policy must prioritize equity and inclusion frameworks in addressing racial, economic, and other disparities in the City of Berkeley's criminal justice, behavioral health, and wraparound support services systems; and

BE IT FURTHER RESOLVED that all the City of Berkeley’s departments that have contact with the public, in particular Public Safety, Division of Mental Health and any other supportive services, shall revise existing policies and procedures and/or create new policies and procedures, to the extent necessary, so as to advance a Care First, Jails Last policy within one (1) year of the passage of this resolution and that these policies and procedures be publicly available online; and

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BE IT FURTHER RESOLVED that the Division of Mental Health and the Berkeley Police Department take the recommendations of the Mental Health Commission into consideration with regard to facilities (such as the use of Amber House as a care facility) and other strategies for diversion; and

BE IT FURTHER RESOLVED that the work advancing the Care First, Jails Last policy shall be grounded in shared data from across the criminal justice, behavioral health, and other supportive services systems to the extent allowable by law; and BE IT FURTHER RESOLVED that the Chief of Berkeley Police Department (BPD) shall publicly provide updates every three months for at least three (3) years (or longer if implementation is not complete) to the City Council as to (1) the revision of existing policies, procedures and practices and/or creation of new policies, procedures and practices to implement and advance the Care First, Jails Last policy; (2) the implementation of those policies, procedures and practices; and (3) aggregate data as to the number of transports to diversion locations, number of transports to jail, number of 5150s, and a listing of the services/places utilized for diversion, in an effort to uplift systemwide transparency and coordination; and

BE IT FURTHER RESOLVED that the Manager of the Division of Mental Health shall provide updates every three months for at least three (3) years (or longer if implementation is not complete) to the City Council as to the implementation progress of a Care First, Jails Last policy, specifically, (1) the revision of existing policies, procedures and practices and/or creation of new policies, procedures and practices to implement and advance the Care First, Jails Last policy; (2) the implementation of those policies, procedures and practices; and (3) any work being done to increase the number of or scope of providers in the City of Berkeley so as to increase the services available; and (4) any proposed new services and/or upgrades to existing services and the estimated costs to the City; and

BE IT FURTHER RESOLVED that in conjunction with adopting this "Care First, Jails Last" resolution, the City Council of the City of Berkeley directs a member of the Division of Mental Health to attend all the meetings of the Alameda County "Care First, Jails Last Task Force” and to report back to the Division of Mental Health on any opportunities or ideas about diversion from jails to care.

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2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981- ● TDD: (510) 981-6903 ● Fax: (510) 981- E-Mail:

CONSENT CALENDAR
July 25, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Taplin and Councilmember Harrison
Subject: Young Lives Matter Foundation Walk for Peace: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds

RECOMMENDATION
Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember, including up to $500 from Councilmember Taplin, to support the Young Lives Matter Foundation’s Walk for Peace with funds relinquished to the City’s general fund.

FINANCIAL IMPLICATIONS
No General Fund impact. $500 is available from contributing Councilmember’s Council Office Budget discretionary accounts.

BACKGROUND
Berkeley Junior Jackets and their fiscal sponsor, Young Lives Matter Foundation, will be hosting a Walk For Peace at San Pablo Park on August 5 at 12:00pm. The walk, in collaboration with IMPOP (Important Minds Positive On Purpose), will highlight the solidarity among Berkeley’s Black community and youth enrichment programs in denouncing and preventing gun violence in our communities.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
None.

CONTACT PERSON
Councilmember Taplin Council District 2 510-981-7120
Attachments:
1: Resolution
2: Event Flyer

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Walk For Peace CONSENT CALENDAR
July 25, 2023

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

AUTHORIZING THE EXPENDITURE OF SURPLUS FUNDS FROM THE OFFICE

EXPENSE ACCOUNTS OF THE MAYOR AND COUNCILMEMBERS FOR A GRANT TO

PROVIDE PUBLIC SERVICES FOR A MUNICIPAL PUBLIC PURPOSE
WHEREAS, Councilmember Taplin has surplus funds in his office expenditure account (budget code 011-11-102-100-0000-000-411); and
WHEREAS, a California non-profit tax exempt corporation Young Lives Matter Foundation seeks funds in the amount of $500 to provide the following public services:

Walk For Peace; and
WHEREAS, the provision of such services would fulfill the following municipal public purpose: champion and demonstrate social and racial equity; NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Mayor and Councilmembers from their Council Office Budget up to $enter amount per office shall be granted to Young Lives Matter Foundation to fund the following services: Walk For Peace.

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CONSENT CALENDAR
July 25, 2023
To: Honorable Mayor and Members of the City Council
From: Vice Mayor Ben Bartlett (Author), Mayor Jesse Arreguin, Councilmember Kate Harrison (Co-Sponsor), and Councilmember Sophie Hahn (Co-Sponsor) Subject: Resolution to Initiate Berkeley Farmers’ Market Week

RECOMMENDATION
Adopt a resolution to officially proclaim the first week of August as Berkeley Farmers’ Market Week.

CURRENT SITUATION
The community based farmers' markets, operated with the highest standards by the Ecology Center in Berkeley since 1989, are deeply ingrained in the city's culture, providing access to fresh fruits and vegetables for shoppers of all incomes, while advancing beginning farmers, veteran and women-owned farms, and supporting farmworkers in becoming farm owners.

Furthermore, farmers' markets contribute to the economic vitality of the community by supporting a direct marketing system in which local and regional family farmers receive 90 cents of every dollar spent.

BACKGROUND
The City of Berkeley has long been on the forefront of the farm-to-table movement by recognizing the importance of local farmers' markets in promoting sustainable agriculture, fostering community connections, and supporting healthy, resilient food systems. In fact, the City of Berkeley passed one of the nations first “Food and Nutrition Policies” in 2001 and has worked to overcome food insecurity and health inequity while supporting California's most forward thinking farmers.

Farmers’ markets have been a fundamental part of the cultural landscape within the City of Berkeley Community for several reasons. Farmers' markets serve as community gathering spaces: a space where neighbors can meet, share stories, learn about agriculture, and foster a strong sense of belonging and connectedness.

Additionally, farmers’ markets have long served as an incubator and platform for food entrepreneurs and small businesses such as Blue Bottle Coffee, Cowgirl Creamery, Hodo Soy, the Fatted Calf, Red Bay Coffee and so many others, bolstering the regional and national economy.

Moreover, farmers' markets play a crucial role in supporting innovative family farmers to lead the way in sustainable, regenerative, biodiverse, organic, and biodynamic agriculture, by way of mitigating contributing to our global climate crisis and reducing the toxic impacts of pesticides on farmworkers, pollinators, ecosystems and drinking water.

RATIONALE FOR RECOMMENDATION
National Farmers' Market Week, celebrated annually during the first week of August, highlights the vital contributions of farmers' markets across the nation.

FISCAL IMPACTS
No impact on the general fund.

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CONTACT PERSON
Vice Mayor Ben Bartlett [email protected]
James Chang [email protected]
Nina (Wenxin) Li [email protected]
Tina Posner 510-981-7130

ATTACHMENT

1. Resolution

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

WHEREAS, the City of Berkeley has long been on the forefront of the farm-to-table movement by recognizing the importance of local farmers' markets in promoting sustainable agriculture, fostering community connections, and supporting healthy, resilient food systems; and WHEREAS, the community based farmers' markets, operated with the highest standards by the Ecology Center in Berkeley since 1989, are deeply ingrained in the city's culture, providing access to fresh fruits and vegetables for shoppers of all incomes, while advancing beginning farmers, veteran and women-owned farms, and supporting farmworkers in becoming farm owners; and
WHEREAS, the City of Berkeley passed one of the nations first “Food and Nutrition Policies” in 2001 and has worked to overcome food insecurity and health inequity while supporting California's most forward thinking farmers; and
WHEREAS, Berkeley is committed to further fostering a healthy and resilient community, one that values access to nutritious, delicious, locally-sourced food for all its citizens; and WHEREAS, farmers' markets contribute to the economic vitality of the community by supporting a direct marketing system in which local and regional family farmers receive 90 cents of every dollar spent; and
WHEREAS, farmers’ markets have served as an incubator and platform for food entrepreneurs and small businesses such as Blue Bottle Coffee, Cowgirl Creamery, Hodo Soy, the Fatted Calf, Red Bay Coffee and so many others, bolstering the regional and national economy; and WHEREAS, farmers' markets serve as community gathering spaces: a space were neighbors can meet, share stories, learn about agriculture, and foster a strong sense of belonging and connectedness; and
WHEREAS, farmers' markets play a crucial role in supporting innovative family farmers to lead the way in sustainable, regenerative, biodiverse, organic, and biodynamic agriculture, by way of mitigating contributing to our global climate crisis and reducing the toxic impacts of pesticides on farmworkers, pollinators, ecosystems and drinking water; and WHEREAS, National Farmers' Market Week, celebrated annually during the first week of August, highlights the vital contributions of farmers' markets across the nation; NOW THEREFORE, BE IT RESOLVED that, I, Jesse Arreguín, Mayor of the City of Berkeley, do hereby affirm Berkeley’s commitment to healthy sustainable food systems and call upon all residents, businesses, and community organizations to join in celebrating the abundance, diversity, and sustainability of our local farmers' markets, do hereby proclaim August 6-12, 2023 as

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BERKELEY FARMERS’ MARKET WEEK
The foregoing Resolution was adopted by the Berkeley City Council on [Date] by the following vote
Ayes
Noes
Absent
___________________
Jesse Arreguin, Mayor
Attest _____________________
, City Clerk

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Susan Wengraf
Councilmember District 6
2180 Milvia Street, Berkeley, CA 94704 ● Tel: (510) 981-7160 ● TDD: (510) 981-6903 ● Fax: (510) 981-7166 E-Mail: [email protected]

CONSENT CALENDAR
July 25, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Wengraf (author), Councilmember Harrison (co-sponsor), Councilmember Hahn (co-sponsor), Mayor Arreguin (co-sponsor) Subject: Commemoration of the 100 th Anniversary of the 1923 Berkeley Fire:

Relinquishment of Council Office Budget Funds from General Funds and Grant Such Funds

RECOMMENDATION
Adopt a Resolution approving the expenditure of an amount not to exceed $500 per Councilmember or Mayor, including $500 from Councilmembers Wengraf and Harrison, to support the City’s Commemoration of the 100th Anniversary of the 1923 Berkeley Fire with funds relinquished to the City’s general fund. The relinquishment of funds from Councilmembers Wengraf and Harrison’s discretionary Council Office Budgets and all other Councilmembers and Mayor who would like to contribute will support a community fair with family friendly activities, including historical and educational displays and activities for the 1923 Fire Commemoration on September 17, 2023.

FINANCIAL IMPLICATIONS
No General Fund impact: up to $500 is available from contributing Councilmember’s and the Mayor’s Office Budget discretionary accounts.

BACKGROUND
On September 23,1923, a grass fire on the eastern slope of the Berkeley hills spread quickly as it was fueled by Diablo winds, destroying 640 structures, including 584 homes on the northside of the UC campus. When the winds finally calmed down the fire was contained at the corner of Shattuck and Hearst. Embers from the flames created smaller fires throughout the downtown and western area of Berkeley. As a result, thousands of residents became homeless including 1,000 UC Berkeley students.

To commemorate the 100th anniversary of this devastating fire, several COB departments and external grassroots organizations are working together to plan a day of activities and learning opportunities. The groups involved in planning the event include Councilmembers Hahn, Harrison and Wengraf, COB Fire, COB Parks, Berkeley Historical Society, BAHA and Berkeley Path Wanderers, FireWise groups and the Berkeley FireSafe Council.

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Commemoration of the 100th Anniversary of the 1923 Berkeley Fire: D-13 CONSENT CALENDAR July 25, 2023

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The proposed community fair at Live Oak Park will include family friendly activities for children, an exhibit, a walking tour of homes that survived the fire, an evacuation exercise, interactive games with firefighters, exploring the paths in the burned area, and booths for organizations to distribute relevant information and educational materials.

Fire trucks will be available for young children to sit on for photos.

The commemoration of the 100th year anniversary of the 1923 Fire is an important opportunity and sober reminder of the risks Berkeley faces, as well as an occasion to come together as a community and learn how to become a more resilient and fire safe city.

The fiscal sponsor for these donations will be The Hillside Association of Berkeley, a 501c3 non-profit in the State of California and affiliate of the Berkeley Fire Safe Council.

ENVIRONMENTAL SUSTAINABILITY
Wildfire is devastating to the environment, and one of the largest contributors of greenhouse gases. Work towards fire safety supports environmental sustainability.

CONTACT PERSON
Councilmember Wengraf Council District 6 510-981-7160
Attachments:
1: Resolution

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

AUTHORIZING THE EXPENDITURE OF SURPLUS FUNDS FROM THE OFFICE

EXPENSE ACCOUNTS OF COUNCILMEMBERS WENGRAF AND HARRISION,

OTHER COUNCILMEMBERS AND THE MAYOR FOR A GRANT TO PROVIDE

PUBLIC SERVICES FOR A MUNICIPAL PUBLIC PURPOSE
WHEREAS, Councilmember Wengraf and Councilmember Harrison have surplus funds in their office expenditure accounts and will each contribute $500, and invite the Mayor and other Councilmembers to join them in contributing; and WHEREAS, a California nonprofit tax-exempt corporation, The Hillside Association of Berkeley, affiliate of the Berkeley Fire Safe Council, will receive funds in an amount up to $500 per contributing Councilmember’s and the Mayor’s discretionary accounts; and WHEREAS, these funds will go towards Commemorating the 100th Anniversary of the 1923 Berkeley Fire, to include a community fair at Live Oak Park with family friendly activities, educational information and historical displays about the September 17, 1923 fire; and
WHEREAS, the provision of such funds would fulfill the municipal public purpose of honoring the devastation the community and city endured from the 1923 fire, and coming together as a community to learn how to become a more resilient and fire safe city.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that funds relinquished by the Mayor and Councilmembers from their Office Budgets, up to $500 per office, shall be granted to the Hillside Association of Berkeley, affiliate of the Berkeley Fire Safe Council, to fund the Commemoration of the 100th Anniversary of the 1923 Berkeley Fire on September 17, 2023.

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

[email protected]

CONSENT CALENDAR
July 25, 2023
To: Honorable Mayor and Members of the City Council
From: Councilmember Rigel Robinson (Author), Councilmember Sophie Hahn (Co-Sponsor), Councilmember Mark Humbert (Co-Sponsor),
Mayor Jesse Arreguin (Co-Sponsor)
Subject: Resolution Supporting the Unionization of Peet’s Coffee Workers

RECOMMENDATION
Adopt a Resolution in support of workers at Peet’s Coffee unionizing under the Industrial Workers of the World IU 460

BACKGROUND
In June 2023, three East Bay Peet’s Coffee locations, including the Telegraph and Dwight location in Berkeley, joined a growing movement of union organizing in the food and beverage industry and filed petitions for union elections under the Industrial Workers of the World IU 460 with the National Labor Relations Board (NLRB).1 Peet’s Coffee workers have expressed frustration with wage stagnation, understaffing, and unsafe working conditions, and have filed for a union election to address these issues. Their demands include fair worker compensation, expanded and accessible worker benefits, safe workplace environments, and stringent accountability standards for management.2
Peet’s Coffee has been an integral part of Berkeley’s history and culture ever since it opened its first store on Vine Street in 1966. The City of Berkeley has long been a supporter of workers’ rights, including the right to organize and choose to join a union.

The unionization efforts at Peet’s Coffee play an important role in furthering that support for workers at a company with such a rich history in Berkeley and the Bay Area.

FINANCIAL IMPLICATIONS
None.

ENVIRONMENTAL SUSTAINABILITY
None.
1https://www.berkeleyside.org/2023/06/12/peets-coffee-union-efforts-oakland-berkeley 2 https://www.peetslaborunion.org/our-demands

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Resolution Supporting Peet’s Coffee Unionization CONSENT CALENDAR 7/25/2023

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CONTACT PERSON
Councilmember Rigel Robinson, (510) 981-7170
Rachel Alper, Legislative Assistant
Attachments:
1: Resolution

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Resolution Supporting Peet’s Coffee Unionization CONSENT CALENDAR 7/25/2023

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

RESOLUTION SUPPORTING THE UNIONIZATION OF PEET’S COFFEE WORKERS WHEREAS, workers at three Peet’s Coffee locations in the East Bay, including the location at Dwight Way and Telegraph Avenue in Berkeley, have filed a petition for a union election under the Industrial Workers of the World IU 460 with the National Labor Relations Board (NLRB); and
WHEREAS, Peet’s Coffee workers put their own health at risk by working tirelessly through the COVID-19 State of Emergency to serve Berkeley residents; and WHEREAS, Peet’s workers are demanding fair worker compensation, expanded and accessible worker benefits, safe workplace environments, and stringent accountability standards for management; and
WHEREAS, unionization allows frontline service workers — disproportionately women, Black and Latinx workers, and other disadvantaged groups — to fight for fair pay and working conditions when these conditions are not being met by management; and WHEREAS, workers across the country at major chains including Starbucks, Trader Joe’s and Amazon have recently won major union victories; and WHEREAS, the first established Peet’s Coffee location is located in Berkeley and Peet’s Coffee is headquartered nearby in Emeryville; and
WHEREAS, it is incumbent upon Peet’s Coffee management to strengthen its commitment to its workers and to the Berkeley community; and NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that Peet’s Coffee management is urged to recognize the union representation petitions submitted by its employees seeking to unionize under the Industrial Workers of the World IU 460.

BE IT FURTHER RESOLVED that the Council of the City of Berkeley supports the unionization efforts of the Peet’s Labor Union and the unionization efforts of underpaid essential workers in Berkeley and across the country.

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PUBLIC HEARING
July 25, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jordan Klein, Director, Planning and Development Subject: Amendments to Title 23 Relating to Accessory Dwelling Units (ADUs) and Repeal of Chapter 12.99 to Conform to State Law and Respond to Guidance from the California Department of Housing and Community Development

RECOMMENDATION
Conduct a public hearing and, upon conclusion, adopt the first reading of an Ordinance amending Berkeley Municipal Code (BMC) Title 23, and repealing BMC Chapter 12.99, relating to Accessory Dwelling Units and Junior Accessory Dwelling Units.

SUMMARY
Staff have prepared amendments to Title 23 (Zoning) of the BMC in response to: (a) recent changes in state laws pertaining to Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (Junior ADUs) that took effect on January 1, 2023, and (b) feedback from the California Department of Housing and Community Development (HCD) finding that the City of Berkeley’s current ADU Ordinance does not comply with state law.

The proposed Zoning Ordinance amendments (Attachment 1) and the repeal of Chapter

12.99 (Wildfire Hazard Evacuation Risk Mitigation Ordinance) per HCD guidance will bring the City’s ADU Ordinance into compliance with current state law and address concerns raised in HCD’s letter to the City, dated October 17, 2022.

FISCAL IMPACTS OF RECOMMENDATION
The proposed amendments are intended to simplify the planning review process and facilitate the development of ADUs and Junior ADUs in accordance with state law. The proposed amendments may result in a modest decrease in staffing-related expenditures due to streamlined review.

CURRENT SITUATION AND ITS EFFECTS
A local ADU ordinance supports the City’s Strategic Plan goal to create affordable housing and housing support services for our most vulnerable community members.

Over the past five years, Berkeley has adopted four comprehensive ADU Ordinance amendments in order to maintain compliance with changing State ADU law. Between

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Amendments to Title 23 Relating to Accessory Dwelling Units (ADUs) PUBLIC HEARING and Repeal of Chapter 12.99 July 25, 2023

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2018 and 2022, the City issued 528 building permits for ADUs and Junior ADUs, and entitled an average of 78 ADU permits per year.

On October 17, 2022, the City received a letter from HCD (Attachment 2) stating that it had reviewed the City’s current ADU Ordinances (BMC Sections 23.306 and 12.99, the “Ordinances”) and found that the Ordinances do not comply with Government Code Section 65852.2.

Efficiency Kitchen Definition
HCD found a discrepancy between the definition of “Efficiency Kitchen” contained within Ordinance No. 7,797-N.S. (Chapter 23.306) and Government Code §65852.22(a)(6)(A) and requested that the City remove the sink requirement from its zoning definition, as well as the reference to a working refrigerator in the definition of a “Junior Accessory Dwelling Unit.”
Wildfire Hazard Evacuation Risk Mitigation Ordinance
Regarding Ordinance No. 7,799-N.S (Chapter 12.99), HCD found that the City did not make adequate findings with respect to ADU and Junior ADU development impacts on traffic flow and public safety when the City adopted limitations on ADU and Junior ADU development in the Hillside Overlay zoning district.

Furthermore, HCD adds that even if the City adequately justified the restriction of ADUs and Junior ADUs, it may not justify restrictions on ADUs or Junior ADUs that fall under subdivision (e) of Government Code section 65852.2, because local development standards do not apply to ADUs created under that subdivision. Government code section 65852.2, subdivision (e) requires local agencies to ministerially approve building permit applications for the creation of ADUs and Junior ADUs within any residential or mixed-use zone, subject only to specific limitations.

Regarding BMC Section 12.99.030 – Total Number of Units Permitted, HCD asserts that the City’s decision to limit the number of units allowed per lot in the Hillside Overlay to one ADU or one Junior ADU conflicts with Government Code Section 65852.2, subdivisions (e)(1)(A), (B), (C), and (D), which requires a local agency to ministerially approve an application for a building permit within a residential or mixed-use zone to create one ADU and one Junior ADU per lot. Lines (A) through (D) of subdivision (e) identify the following ADU categories:
(A) One ADU and one Junior ADU within the proposed space of a single-family dwelling, or existing space of a single-family dwelling or accessory structure

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Amendments to Title 23 Relating to Accessory Dwelling Units (ADUs) PUBLIC HEARING and Repeal of Chapter 12.99 July 25, 2023

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(B) One detached, new construction ADU
(C) Multiple ADUs within the portions of existing multifamily dwelling structures that are not used as livable space
(D) Not more than two ADUs that are located on a lot that has an existing or proposed multifamily dwelling, but are detached from that multifamily dwelling State Law Updates
In addition to HCD’s letter, on January 1, 2023, the most recent round of state ADU regulations came into effect, impacting maximum height limits, prohibiting front setback standards that would preclude at least an 800 square foot ADU, and requiring internal connections between Junior ADUs and main dwelling units.

Staff recommend making the following amendments to Title 23 of the BMC:

1. Remove standards that provide a distinction between parcels within and outside of the Hillside Overlay, and apply non-Hillside Overlay ADU standards citywide where residential uses are permitted;

2. Bring the City’s zoning code into compliance with current State ADU law, including SB 897, AB 2221, and AB 2097, and respond to HCD’s letter; and

3. Clarify and/or correct minor technical edits associated with the related Ordinance sections, and edit for consistency with the existing BMC.

Public safety remains a significant concern regarding increasing density in the Hillside Overlay. To address these concerns, staff are working with the Fire Department to collect additional data on the health and safety impacts of increased development in the Hillside Overlay.

On March 14, 2023, the Fire Department was authorized by the City Manager to execute a contract with KLD Engineering, P.C., for Evacuation and Response Time Modeling from April 1, 2023 through June 30, 2024 as part of an effort to collect data and forecast the number of vehicles and people that may need to be evacuated during a wildfire or other emergency.1 The study will also be analyzing how major evacuation routes will operate under emergency conditions, and whether there would be any public safety impacts resulting from projected development of new ADUs and Junior ADUs, including parking and additional vehicular travel in the Very High Fire Hazard Severity Zone.

In addition to this study, the City is in the process of updating the Local Hazard and Mitigation Plan and Disaster Preparedness and Safety Element, which will similarly provide an opportunity to collect data and engage community members.

Together, the data collected from the evacuation study as well as input received from community members could enable the City Council to make the findings to support the 1 https://berkeleyca.gov/sites/default/files/documents/2023-03-14%20Item%2004%20Contract%20KLD%20Engineering.pdf

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reinstitution of controls on ADU development in the Hillside Overlay. Staff plan to bring the Fire Department’s study findings, as well as other research and community engagement findings, back to Planning Commission and City Council by Summer 2024.

Proposed Ordinance
The Ordinance recommended by the Planning Commission would amend Title 23 of the BMC as follows:

23.106 Rules of Measurement
Consistent with the provisions of Subdivision (c) in Government Code 65852.2, staff propose amending 23.106.020(B) and 23.106.030(D) to exclude up to 800 square feet of area associated with an existing or proposed ADU or Junior ADU from lot coverage and gross floor area calculations. Presently, once an ADU is built, it counts towards lot coverage and gross floor area, which can mean that even minor future additions to the main dwelling would require an Administrative Use Permit (AUP). By amending

23.106.020(B) and 23.106.030(D) to exclude up to 800 square feet of ADU area, the regulation is consistent with state law, removes a barrier to development, and aligns with the State’s goal of streamlining the development of ADUs.

In addition, staff propose amending 23.106.090(A) to exempt attached ADUs from inclusion in average building height calculations. This would allow for residences, in particular those on a slope, to add an attached ADU without technically increasing the average building height and thereby limiting the ability to make other structural changes in the future.

23.306 Accessory Dwelling Units (Organization)
The proposed Ordinance simplifies the ADU chapter by consolidating seven sections into four, maintaining consistency with other chapters of Title 23 (see Table 1).2 Table 1: Chapter 23.306 - Existing and Proposed Sections Existing Sections Proposed Sections

23.306.010– Purposes 23.306.010– Purpose

23.306.020– Applicability and Definitions 23.306.020– Applicability

23.306.030– Permit Procedures 23.306.030– Development Standards

23.306.040– Development Standards

23.306.050– Deed Restrictions

23.306.060– Neighbor Noticing

23.306.070– Rooftop Decks and Balconies

23.306.040– Permit Procedures
The proposed Ordinance adds a reference to the latest California Government Code Section 65852.1 and removes subsection (f) which states that the purpose of the chapter is to reduce potential impacts of new development in the Very High Fire Hazard 2 The proposed ordinance includes Deed Restrictions and Neighbor Noticing under Section 23.306.040 (Permit Procedures), and Rooftop Decks and Balconies under Section 23.396.030 (Development Standards).

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Severity Zones (VHFHSZ), Wildland-Urban Interface Fire Areas, and Hillside Overlay.

This complies with HCD’s finding that the current Ordinances do not meet the requirements of state law.

23.306.020 Accessory Dwelling Units (Applicability)
The proposed Ordinance removes subsection (b), which defines the Hillside Overlay for the purposes of the ADU chapter, and removes the reference to Chapter 12.99 to comply with HCD’s finding that the City does not sufficiently justify the creation of a separate set of regulations for the Hillside Overlay.

The proposed amendment includes a new subsection clarifying that ADUs and Junior ADUs do not count towards density calculations established by the underlying zoning districts. This is consistent with HCD guidance in the HCD ADU Handbook Update3.

Staff also propose amending the maximum number of units permitted on a lot with a duplex or multi-family dwelling to allow for two detached ADUs and at least one interior ADU (see Table 2). In 2022, HCD changed its interpretation regarding the total number of ADUs that "must" be allowed by local governments on any given parcel. Whereas in the 2020 ADU Handbook, HCD wrote that "local governments are not required to allow (A) and (B) together or (C) and (D) together," in the July 2022 ADU Handbook, HCD rewrote that "local governments must allow (A) and (B) together or (C) and (D) together." Although this change in HCD's interpretation is not supported by any corresponding change in state law, the proposed Ordinance is drafted to be consistent with HCD's new interpretation for lots with a duplex or multi-family dwelling.

Table 2: Existing and Proposed Maximum Density Standards on a Lot with a Duplex or Multi-Family Dwelling
Existing Maximum Density Proposed Maximum Density
Either:
a. Up to two detached ADUs; or
b. At least one ADU converted from non-
habitable portions of the existing Main Building
that are not within the living space of a Dwelling
Unit (e.g. basement, attic, garages storage
room). The maximum number of ADUs
converted from portions of the existing Main
Building that are not within the living space of
a Dwelling Unit shall not exceed 25% of the
total number of existing Dwelling Units on the
lot.

Two detached ADUs and at least one interior
ADU up to 25% of the total number of existing
duplex or multi-family dwelling units on the lot
3 July 2022 HCD ADU Handbook. https://www.hcd.ca.gov/sites/default/files/2022-07/ADUHandbookUpdate.pdf.

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23.306.030 Accessory Dwelling Units (Development Standards) In response to HCD’s letter and to bring the development standards section into compliance with state law, staff propose removing standards that are specific to parcels located in the Hillside Overlay. Instead, the development standards will apply to ADUs and Junior ADUs citywide.

Staff also recommend a number of technical revisions to the development standards section, including removing Junior ADU standards from the development standards table and including all relevant information in subsection (B), and replacing footnotes from the development table with a subsection for supplemental standards.

Within subsection (C), staff propose technical edits to amend the provisions pertaining to building projections into yards to align with other sections of the code and in response to Planning Commission’s recommendation. This includes permitting bay windows and balconies to project two feet into the required setbacks so long as there remains at least a two-foot setback from front and side property lines, and does not permit bay windows and balconies to project into the required rear ADU setback, which is four feet. This would allow for ADUs to benefit from the same projection allowances as single-family homes of the same size, while still ensuring that the projections are a reasonable distance from the property lines.

In addition to these technical revisions, a number of the standards have been changed to match state law. Tables 3 and 4 provide the proposed development standards and the rationale informing the recommended changes. This table does not include all ADU development standards; it only includes the standards that are proposed to be amended.

Table 3: Proposed Revisions to ADU Development Standards & Rationale Basic Standard Proposed Standards Rationale/Intent
Detached, New Construction –
20 ft.

Building Height,
Maximum Attached, New Construction – 25
ft.

Increase the maximum building height for
Attached, New Construction from 20 ft. to 25 ft.
to match state law (SB 897). The current 20 ft.
maximum building height for Detached, New
Construction already exceeds the 18 ft. and 2
ft. roof pitch accommodation required by state
law.

Front of Interior Lot – Same as
underlying district
Lot Line
Setbacks,
Minimum
Front of Through Lot - Same as
underlying district or 10 ft. on
the secondary frontage as
determined by the Zoning
Officer
Add a standard for front setbacks on through
lots to ensure that there are standards for such
parcels, consistent with existing regulations for
accessory buildings.

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Building
Separation for
Detached ADU,
Minimum
3 ft.

Add a minimum building separation standard
(in addition to below “Detached or Attached
ADU” supplemental standard) for consistency
with standards for Accessory Buildings.

Required Off-
Street Parking
Spaces
See 23.322.030 – Required
Parking Spaces
Move to BMC 23.322 – Parking and Loading to
be consistent with other parking standards.

Table 4: Proposed Revisions to ADU Development Supplemental Standards & Rationale Supplemental
Standard
Proposed Standards Rationale/Intent
State Exemption
ADU
No lot coverage, floor area ratio, open
space, front setback, or minimum lot
size standard in the underlying district
shall preclude at least an 800 square
foot ADU.

Match state law.

Junior ADU
Shared
Sanitation
Facility
If a Junior ADU shares a sanitary
facility with a single-family dwelling,
an internal connection between the
Junior ADU and the main living area
of the single-family dwelling is
required.

Match state law.

Junior ADU
Floor Area
The Junior ADU gross floor area
calculation excludes any shared
sanitation facility with the single-family
dwelling.

Clarify the rules of measurement for gross
floor area if a sanitation facility is shared.

Detached or
Attached ADU
If an ADU is located within 3 feet of
an exterior wall of a main building, it is
considered attached.

Establish a Building Separation standard
for Detached ADU, Minimum (see also
“Building Separation for Detached ADU,
Minimum” above).

Attached ADU,
New
Construction
Attached ADUs with height up to 25
feet are permitted with a Zoning
Certificate.

Eliminate the requirement for AUP
approval for ADUs to achieve maximum
permitted height to conform with state law
and in response to Planning Commission
recommendation. (GOV 65852.2(c)(2)(D).

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Figure 1 – Examples of Additions Over 14 ft. Containing Attached ADUs

23.306.040 Accessory Dwelling Units (Permit Procedures) Currently it is required that notice of an ADU application shall be mailed to owners and tenants of the subject, adjacent, confronting and abutting properties within ten working days of submission of a building permit to the Planning Department, and shall include

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the project address, allowable hours of construction, a link to the City’s ADU webpage, and information for tenants of the subject property on how to contact a Rent Board Housing Counselor. The cost of materials, postage, and staff time is paid for by the applicant – currently a fixed fee of $460.

Figure 2 – Existing ADU Notice (Front and Back)

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The requirement for neighbor noticing presents a number of challenges for applicants and members of the public. ADU permits are building permits, and plans associated with building permit applications are protected under copyright law, and cannot be printed out or shared online with members of the public (unlike plans associated with zoning permits). For neighbors interested in seeing proposed ADU plans, this means that they must visit the Permit Service Center in-person and look at the plans accompanied by a staff member. Additionally, ADU permits are non-discretionary permits, so members of the public cannot appeal a conforming proposed ADU. The noticing procedure can create an expectation that there is a discretionary review process involved, and there is not.

In order to address these concerns, Planning Commission recommended amendments to the neighbor noticing requirements as follows:

1. Require mailing a notice to tenants of the subject property only. The Planning Commission recommended amending the Ordinance to provide notice only to tenants of the subject property. Staff propose requiring project applicants to attest to whether any tenants live on site as part of the project application. The presence of tenants would trigger the mailing of a notice to tenants of the subject property.

2. Increase clarity of the notice. The Planning Commission recommended more clearly indicating the non-discretionary nature of the permit and noting that permit and construction information and resources can be found on the City’s ADU webpage.

23.322.020 Parking and Loading (Applicability)
Staff propose amending BMC Tables 23.322-1, 23.322-2, and 23.322-4 to relocate off- street parking standards for ADUs in Residential, Commercial, and Manufacturing Districts into the Parking and Loading chapter of the BMC (previously specified in Chapter 23.306). Required parking for ADUs within the Hillside Overlay remains one parking space per ADU unless it is located within 0.5 miles of a transit stop as defined in Government Code Section 65852.24 or otherwise satisfies subdivision (d) of the same section.

23.322.080 Parking Layout and Design (Placement)
Staff propose the creation of a new subsection (G) in BMC 23.322.080 to provide guidance on parking placement for ADUs, and includes the following parking placement exceptions:
4 “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=65852.2&lawCode=GOV

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a. On a lot with an existing or proposed ADU, replacement of required off- street parking for the main building or required off-street parking for an ADU, is allowed in any configuration on the lot, including within the front yard setback; or
b. Within the Hillside Overlay on a lot with an existing or proposed ADU, where no legal off-street parking exists for the main building, required parking provided for the main building is allowed in any configuration on the lot, including within the front yard setback.

Currently, parking flexibility only applies to replacement parking for main dwelling units and new parking provided for an ADU. To account for ADU projects seeking to provide new parking spaces for both the main dwelling and the ADU, staff propose allowing for the same flexibility in lot configuration for the main dwelling unit’s proposed new parking space as is allowed for the ADU’s parking space. Encouraging off-street parking in the Hillside Overlay can partially mitigate safety and evacuation access concerns.

23.324.060 Exemptions to Nonconforming Uses, Structures, and Buildings In the current zoning code, minor alterations of nonconforming structures within required setbacks, such as for windows and doors, require an AUP. To reduce the administrative costs associated with providing new openings for ADUs, staff propose allowing by right openings to lawful nonconforming existing structures or buildings that are proposed to be converted to an ADU. Staff proposes to add BMC 23.324.060(C) to include the following standards:

C. Accessory Dwelling Units. The following alterations of a lawful nonconforming existing structure or building that is an existing ADU or proposed to be converted to an ADU are permitted with a Zoning Certificate:

1. New windows, doors, or other openings to a portion of a building or structure within a minimum required setback.

2. New windows, doors, or other openings to a portion of a building or structure exceeding the height limit.

23.502.020 Defined Terms
Junior ADU. Staff propose relocating the definition for “Junior Accessory Dwelling Unit” within the definition of “Accessory Dwelling Unit” and striking out the reference to a working refrigerator in response to HCD’s findings.

Addition, Major Residential. Staff propose amending the definition for “Addition, Major Residential” to add a subsection that exempts the floor area associated with an existing or proposed accessory dwelling unit or junior accessory dwelling unit, up to 800 square feet. This would eliminate the requirement for an AUP to add an ADU or Junior ADU to a house, thus matching the State’s intent of streamlining the processing of ADU development.

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Efficiency Kitchen. Staff propose amending the definition of an “Efficiency Kitchen” by removing the requirement for a sink to match the State’s definition and in response to HCD’s findings.5 Note that while kitchen sinks are required in dwelling units, Junior ADUs are not required to have a sink because they do not meet the definition of a “dwelling unit” in California Building Code Section 202.6 New Construction. Staff propose amending the definition of “New Construction” to include ADUs, in addition to new main buildings.

BACKGROUND
On May 3, 2023, the Planning Commission held a public hearing to consider proposed amendments to Title 23 developed by staff (Attachment 3). Following public comment and a discussion, the Planning Commission unanimously recommended staff’s proposal with three modifications, which were incorporated into the proposed amendments as follows:

1. Regulating bay window and balcony projections using setback requirements. The Commission recommended a technical edit to permit bay windows and balconies on all ADUs outside the Hillside Overlay, with projections measured by setback distance from the property line. Staff previously recommended separate standards for attached versus detached ADUs, with attached ADUs permitted to project two feet into the required setbacks as long as there remains at least a two-foot setback from property lines. In this recommendation, detached ADUs were not permitted to have projections.

However, the Commission found that the goal of allowing for more flexibility with projections while also limiting proximity of a dwelling unit to the property line could be achieved more simply by regulating projections for all ADUs using property setbacks.

2. Revising Neighbor Noticing requirements for clarity and efficiency. The Commission recommended revising the neighbor noticing requirement so that public notices for ADUs link to the City’s ADU webpage and identify additional permit and construction information, and only need to go to tenants on the subject property. Staff amended the noticing requirements accordingly. Staff plan to further revise the existing ADU notice to clearly communicate the non- discretionary nature of the permit, in accordance with the Commission’s recommendations.

3. Removing the AUP requirement for attached ADUs proposed as additions to streamline ADU building permit applications. Planning Commission recommended allowing for attached ADUs to reach maximum allowable height 5 The only other reference to an “efficiency kitchen” in the Berkeley Municipal Code pertains to the definition of a Junior ADU. 6 California Building Code Section 202, https://codes.iccsafe.org/content/CARC2022P1/chapter-2-definitions.

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without requiring an AUP to match the State’s goal of streamlining the ADU development process.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
ADUs are generally low impact infill development that have the potential to decrease vehicles miles traveled and greenhouse gas emissions and increase availability of housing near various community amenities, the university campus, transit services and employment opportunities.

Environmental Determination. The project is statutorily exempt from the California Environmental Quality Act by Guidelines Section 15282(h), the adoption of an ordinance regarding second units in a single-family or multifamily residential zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code as set forth in Section 21080.17 of the Public Resources Code.

RATIONALE FOR RECOMMENDATION
The proposed Zoning Ordinance amendments to Title 23 relating to ADUs are required to ensure that the Zoning Ordinance conforms to all applicable state laws and addresses HCD’s letter to the City, dated October 17, 2022.

ALTERNATIVE ACTIONS CONSIDERED
The Planning Commission considered a range of amendments and recommended modifications in response to feedback and deliberations, as discussed above.

CONTACT PERSON
Zoe Covello, Assistant Planner, Planning and Development Department, 510-981-7418 Grace Wu, Principal Planner, Planning and Development Department, 510-981-7484 Attachments:
1: Zoning Ordinance
2: HCD’s Letter, dated October 17, 2022
3: Staff Report from May 3, 2023 Planning Commission Meeting 4: Notice of Public Hearing

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ORDINANCE NO. -N.S.

REPEAL OF THE WILDFIRE HAZARD EVACUATION RISK MITIGATION ORDINANCE (BMC 12.99), AND AMENDMENTS TO THE RULES OF MEASUREMEN T (BMC

23.106), ACCESSORY DWELLING UNIT (ADU) ORDINANCE (BMC 23.306), PARKING AND LOADING (BMC 23. 322), EXEMPTIONS TO NONCON FORMING USES, STRUCTURES, AND BUIL DINGS (BMC 23.324.06 0), AND DEFINED TERMS (B MC

23.502.020) RELATING TO ADUS

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

Section 1. That Berkeley Municipal Code Chapter 12.99 is hereby repealed.

Section 2. That Berkeley Municipal Code 23.106.020(B) is amended to read as follows:

Exclusions. The lot coverage calculation excludes:

Uncovered porches, landings and stairs;
Uncovered decks, except that a deck on the roof of a building or accessory structure or over an enclosed space or paved ground area is included in the lot coverage calculation; and
The area of the roof of a subterranean structure, when such a structure is not more than 3 feet above finished grade.

The area of any existing or proposed accessory dwelling unit or junior accessory dwelling unit, up to 800 square feet per lot. See 23.306 Accessory Dwelling Units.

Section 3. That Berkeley Municipal Code 23.106.030(D) is amended to read as follows:

Excluded Areas. The following areas are excluded from gross floor area calculation:

Covered or uncovered areas used for off-street parking or loading spaces.

Driveways ramps between floors and maneuvering aisles of a multi-level parking garage.

Mechanical, electrical, and telephone equipment rooms below finished grade.

Areas which qualify as usable open space.

Arcades, porticoes, and similar open areas for non-residential uses which are:
(a) Located at or near street level;
(b) Accessible to the general public; and

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The floor area associated with any existing or proposed accessory dwelling unit or junior accessory dwelling unit, up to 800 square feet per lot. See 23.306 Accessory Dwelling Units.

Section 4. That Berkeley Municipal Code 23.106.090(A)(1) through (3) is amended to read as follows:

Average Building Height.

Average Building Height: The vertical distance from the average level of the highest and lowest point of that portion of the lot covered by the building (or, in the case of residential additions, that portion of the lot covered by the addition) to the roof features shown in Table 23.106-1: Average Building Height Measurement. See Figure 23.106-4: Average Building Height.

Figure 23.106-4: Average Building Height.

Dormers are not included in the average building height calculation.

Attached accessory dwelling units are not included in the average building height calculation.

Section 5. That Berkeley Municipal Code 23.306 is amended to read as follows:

Sections:

23.306.010– Purposes

23.306.020– Applicability and Definitions

23.306.030– Development StandardsPermit Procedures

23.306.040– Permit ProceduresDevelopment Standards

23.306.050– Deed Restrictions

23.306.060– Neighbor Noticing

23.306.070– Rooftop Decks and Balconies

23.306.010 Purposes.

The purposes of this Chapter are toThis Chapter establishes accessory dwelling unit (ADU) and junior accessory dwelling unit (Junior ADU) standards that:

Implement California Government Code Section 65852.1, 65852.2 and 65852.22.

Increase overall supply and range of housing options in Berkeley.

Expedite small-scale infill development.

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Support Housing Element goals of facilitating construction of accessory dwelling units and increasing the number of housing units that are more affordable to Berkeley residents.

Encourage development of accessory dwelling units in zoning districts with compatible land uses and infrastructure.

Reduce potential impacts of new development in Very-High Fire Hazard Severity Zones and Wildland-Urban Interface Fire Areas as designated in the BMC Chapter

19.48 and as may be amended from time to time, and the Hillside Overlay District (HOD) due to unique conditions and hazards within these areas that require additional restrictions on ADUs and JADUs because of impacts of traffic flow and public safety consistent with Government Code 65852.2, subdivision (a)(1)(A), which allows local agencies to regulate ADUs based on "adequacy of water and sewer service, and the impacts of traffic flow and public safety."

23.306.020 Applicability and Definitions.

The provisions of this chapter apply to zoning districts where residential uses are permitted, on lots that have at least one existing or proposed Dwelling Unit or Group Living Accommodation that is not a Fraternity House, Sorority House or Dormitory.

For purposes of this Chapter the Hillside Overlay District (HOD) includes all lots within Berkeley’s designated Very-High Fire Hazard Severity Zones and Wildland- Urban Interface Fire Areas that are zoned R-1H (Single-Family Residential— Hillside Overlay), R-2H (Restricted Two-Family Residential— Hillside Overlay), R- 2AH (Restricted Multiple-Family Residential—Hillside Overlay), or ES-R (Environmental Safety-Residential).

Number of ADUs and JADUs Permitted Per Lot. See Table 23.306-1—ADU and Junior ADU Maximum Number of Units per Lot.Except as expressly modified by Chapter 12.99, the following number of ADUs and JADUs shall be the maximum number of accessory units permitted on lots subject to this Chapter.

Density Exemption. ADUs and Junior ADUs are not included in the minimum or maximum density established by the underlying zoning district.

TABLE 23.306-1—ADU AND JUNIOR ADU MAXIMUM NUMBER OF UNITS PER LOT Use, Primary ADU and Junior ADU, Maximum Per Lot
Single Family Dwelling, one unit on lot 1 ADU and 1 Junior ADU, both are permitted Single Family Dwelling, more than one
unit on lot
1 ADU
Duplex or Multi-Family Dwelling 2 detached ADUs and at least one interior ADU up to 25% of the total number of existing duplex or
multi-family dwelling units on the lot

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Group Living Accommodation 1 ADU

Lot with one Single Family Dwelling: One ADU and/or one JADU.

Lot with more than one Single Family Dwelling: One ADU.

Lot with a Duplex or Multiple-Family Dwelling, either:
(a) Up to two detached ADUs; or
(b) At least one ADU converted from non-habitable portions of the existing Main Building that are not within the living space of a Dwelling Unit (e.g. basement, attic, garages storage room). The maximum number of ADUs converted from portions of the existing Main Building that are not within the living space of a Dwelling Unit shall not exceed 25% of the total number of existing Dwelling Units on the lot.

Lot with a Group Living Accommodation that is not a Fraternity House, Sorority House or Dormitory: One ADU

23.306.030 Permit Procedures.

Zoning Certificate. An application for an ADU or JADU shall be allowed with a Zoning Certificate. Review must be completed within 60 days of submission of a completed application. A completed application must include evidence of compliance with this Chapter, including Development Standards, Deed Restrictions, and Neighborhood Noticing.

If an application to create an ADU or JADU is submitted as part of a project that requires discretionary review, a Zoning Certificate for a Building Permit shall not be issued for the ADU or JADU until the discretionary approval(s) has/have been granted and any applicable appeal periods have expired.

Issuance of a Zoning Certificate shall not be denied for the construction or conversion of an ADU or JADU that complies with the requirements of Government Code Section 65852.2(e)(1).

Issuance of a Zoning Certificate for the construction or conversion of an ADU or JADU shall not be denied based on the failure of an applicant to correct a nonconforming zoning condition.

23.306.0340 Development Standards.

Basic Standards. See Table 23.306-21: ADU and JADU Development Standards.

TABLE 23.306-21. ADU AND JADU DEVELOPMENT STANDARDS

BASIC STANDARDS SUPPLEMENTAL STANDARDS
Gross Floor Area, Maximum 23.306.030(A)(1);

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Studio or 1 bedroom 850 sq. ft. 23.306.030(A)(2);

23.306.030(A)(3);

23.306.030(A)(4)
2+ bedrooms 1,000 sq. ft.

Building Height, Maximum
Conversion Same as existing structure 23.306.030(A)(2);

23.306.030(A)(4)
Detached, New Construction 20 ft. 23.306.030(A)(5)
Attached, New Construction 25 ft. 23.306.030(A)(5);

23.306.030(A)(7)
Lot Line Setbacks, Minimum
Front of Interior Lot Same as underlying district 23.306.030(A)(1) Front of Through Lot Same as underlying district or 10
ft. on the secondary frontage as
determined by the Zoning Officer

23.306.030(A)(6)
Rear 4 ft.

Interior Side 4 ft.

Street Side 4 ft.

Building Separation for
Detached ADU, Minimum
3 ft. 23.306.030(A)(5)
Required Off-Street Parking
Spaces
See 23.322.030– Required
Parking Spaces

State Exemption ADU. No lot coverage, floor area ratio, open space, front setback, or minimum lot size standard in the underlying district shall preclude at least an 800 square foot accessory dwelling unit.

Existing Building Conversion. An ADU created entirely through conversion with no modifications to the existing building envelope that exceeds the development standards for maximum gross floor area in Table 23.306-2. ADU Development Standards is allowed a physical addition of no more than 150 square feet. The addition must comply with maximum height and setback requirements.

Duplex or Multi-Family Dwelling Conversion. Interior ADU(s) must be created entirely through non-habitable residential portions of the existing main building that are not within the living space of a dwelling unit (e.g. basement, attic, garages, storage room).

Accessory Building or Accessory Structure Conversion. An ADU converted from an accessory building or accessory structure legally established at least three years prior to submission of an ADU application that does not comply with the maximum height, size, and/or rear and side setback requirements is allowed to maintain non-conformity to the same dimensions of the existing accessory building or accessory structure, provided that the existing side and rear setbacks are sufficient for fire and safety as set forth in California Building Standards Code adopted in BMC Title 19. Any physical additions to the existing accessory

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building or accessory structure shall comply with the development standards in Table 23.306-2 ADU Development Standards.

Detached or Attached ADU. Detached ADUs shall maintain a minimum 3-foot separation from other buildings on the lot. If an ADU is located within 3 feet of an exterior wall of a main building, it is considered attached for the purposes of applying the development standards in Table 23.306-2 ADU Development Standards.

Detached ADU Setback Exceptions. If there is a lesser setback allowed in

23.304.060-Accessory Buildings and Enclosed Accessory Structures for a comparable accessory building or accessory structure in the underlying zoning district, that setback shall apply.

Attached ADU, New Construction Height. Attached ADUs with height greater than 14 ft. and up to 25 ft. allowed with a Zoning Certificate.

ADU1 JADU
Maximum Size Outside of HOD2 500 sf
Studio or 1 bedroom 850 sf
N/A
2 + bedrooms 1000 sf
Maximum Size Within HOD 800 sf 500 sf
Maximum Height Outside of HOD 20 ft.

N/A
Maximum Height Within HOD 16 ft.

Front Yard Setback Same as underlying district
Rear Setback 4 ft3
Side Setback 4 ft3
Required Off-Street Parking
Outside of HOD None4
Required Off-Street Parking
Within HOD
The lesser of 1 space per
bedroom or ADU5, 6 None6
[1] An ADU converted from an Accessory Building or Accessory Structure legally established at least three years prior to submission of an ADU application that does not comply with the Maximum Height, Size, and/or Rear and Side Setback requirements is allowed to maintain non-conformity to the same dimensions of the existing Accessory Building or Accessory Structure, provided that the existing side and rear setbacks are sufficient for fire and safety as set forth in California Building Standards Code adopted in BMC Title 19. Any physical additions to the existing Accessory Building or Accessory Structure shall comply with the development standards in this table. [2] An ADU created entirely through conversion with no modifications to the existing building envelope that exceeds the development standards for Maximum Size in this table is allowed a

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physical addition of no more than 150 square feet. The addition must comply with Maximum Height and Setback requirements in this table.
[3] If there is a lesser setback allowed for a comparable Accessory Building or Accessory Structure in the underlying zoning district, that setback shall apply. [4] Replacement parking is not required. Replacement of off-street parking for the Main Building is allowed and does not need to comply with Parking Maximums (BMC 23.322.070) nor Parking Layout and Design (BMC 23.322.080).
[5] No off-street parking shall be required for ADUs that satisfy the criteria defined in subdivision (d) of California Government Code section 65852.2 or any successor provision thereto. [6] If an applicant provides off-street parking for an ADU or a JADU in the HOD, parking shall be allowed in any configuration on the lot, including within the front yard setback.

Junior ADUs.

Basic Standards. A Junior ADU shall be contained entirely within an existing or proposed single family dwelling or its attached garage, and have no more than 500 square feet in floor area.

Shared Sanitation Facility. If a Junior ADU shares a sanitary facility with a single family dwelling, an internal connection between the Junior ADU and the main living area of the single family dwelling is required.

Junior ADU Floor Area. The Junior ADU gross floor area calculation excludes any shared sanitation facility with the single family dwelling.

Projections.

Except as limited by Paragraph B.2 of this Section, architectural features (Outside of the Hillside Overlay.

Attached ADU. Chimneys, wWater hHeater eEnclosures, fFlues, hHeating and cCooling eEquipment, eEaves, cCornices, cCanopies, aAwnings, bay windows, and balconies) may project two feet into the required front and side setbacks, so long as there remains at least a two-foot setback from property lines. Bay windows and balconies may not project into a required rear ADU setback.

Within the Hillside Overlay. No projections shall be allowed within athe required setback on lots that are within the Hillside Overlay District.

Rooftop Decks within the Hillside Overlay. Roofs on detached ADUs within the Hillside Overlay may not be designed, converted, or used as usable open space.

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23.306.0450 Permit ProceduresDeed Restrictions.

Zoning Certificate. An application for an ADU or Junior ADU shall be allowed with a Zoning Certificate. Review must be completed within 60 days of submission of a completed application. A completed application must include evidence of compliance with this Chapter, including development standards, deed restrictions, and neighborhood noticing.

If an application to create an ADU or Junior ADU is submitted as part of a project that requires discretionary review, a Zoning Certificate for a building permit shall not be issued for the ADU or Junior ADU until the discretionary approval(s) has/have been granted and any applicable appeal periods have expired. See

23.404.060(A) Post-Decision Provisions (Effective Dates).

Issuance of a Zoning Certificate shall not be denied for the construction or conversion of an ADU or Junior ADU that complies with the requirements of Government Code Section 65852.2(e)(1).

Issuance of a Zoning Certificate for the construction or conversion of an ADU or Junior ADU shall not be denied based on the failure of an applicant to correct a nonconforming zoning condition.

Neighbor Noticing.

Scope and Timing of Notice. Notice of an ADU application shall be mailed to tenants of owners and tenants of the subject, adjacent, confronting and abutting propertiesthe subject property within ten working days of submission of the building permit to the Planning DepartmentCity.

Content of Notice. Notice shall provide the address of the project and include allowable hours of construction, a link to the City’s ADU webpage identifying permit and construction resources, and contact information for a Rent Board Housing Counselor.

Mailing Fees. The applicant shall be responsible for the cost of materials, postage, and staff time necessary to process and mail the notices.

Deed Restriction. The property owner shall file a deed restriction with the Alameda County Recorder which states:

The Junior ADU shall not be sold separately from the main building; The ADU shall not be sold separately from the main building unless the conditions of BMC 23.306.0450(D) ADUs Developed by a Qualified Nonprofit Developer B are met;
The ADU and/or Junior ADU shall not be rented for a term that is shorter than 30 days; and

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If the property includes a Junior ADU, the Junior ADU, or the Single Family Dwelling in which the Junior ADU is located, shall be owner-occupied.

ADUs Developed by a Qualified Nonprofit Developer. An ADU built or developed by a "qualified nonprofit corporation" may be sold or conveyed separately from the mMain bBuilding to a "qualified buyer," as such terms are defined in subdivision (b) of Section 65852.26 of the California Government Code. The ADU must be held pursuant to a recorded tenancy in common agreement recorded on or after December 31, 2021 that includes the following elements:

Delineation of all areas of the property that are for the exclusive use of a cotenant;
Delineation of each cotenant’s responsibility for the costs of taxes, insurance, utilities, general maintenance and repair, and improvements associated with the property;
Procedures for dispute resolution among cotenants before resorting to legal action;
Allocates to each qualified buyer an undivided, unequal interest in the property based on the size of the dwelling each qualified buyer occupies; A repurchase option that requires the qualified buyer to first offer the qualified nonprofit corporation to buy the ADU or primary dwelling if the buyer desires to sell or convey the property;
A requirement that the qualified buyer occupy the ADU or primary dwelling as the buyer’s principal residence; and
Affordability restrictions on the sale and conveyance of the ADU or primary dwelling that ensure the ADU and primary dwelling will be preserved for low- income housing for 45 years for owner-occupied housing units and will be sold or resold to a qualified buyer.

If requested by a utility providing service to the primary residence, the ADU shall have a separate water, sewer, or electrical connection to that utility.

23.306.060 Neighbor Noticing.

Scope and Timing of Notice. Notice of an ADU application shall be mailed to owners and tenants of the subject, adjacent, confronting and abutting properties within ten working days of submission to the Planning Department.

Content of Notice. Notice shall provide the address of the project, allowable hours of construction, a link to the City’s ADU webpage, and information for tenants of the subject property on how to contact a Rent Board Housing Counselor by e-mail or phone and any other resource information deemed relevant.

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Mailing Fees. The applicant shall be responsible for the cost of materials, postage and staff time necessary to process and mail notices.

23.306.070 Rooftop Decks and Balconies.

Notwithstanding any provisions of this Title to the contrary, roofs on lots within the Hillside Overlay District may not be designed, converted or used as Usable Open Space.

Section 6. That Berkeley Municipal Code 23.322.020(C) is amended to read as follows:

Changes of Use.

Commercial Districts. In the Commercial Districts, off-street parking is required for a change in use only when the structure is expanded to include new floor area.

Manufacturing and R-SMU Districts.
(a) In the Manufacturing and R-SMU districts, off-street parking is required for a change in use only when:
i. The structure is expanded to include new floor area; and/or ii. The use is changed to one with a numerical parking standard greater than the district minimum.
(b) If the new use is changed to one with a higher numerical parking standard than the district minimum, the new use must provide the incremental difference between the two numerical parking standards. A higher numerical parking standard may be reduced to the district minimum as provided in Section 23.322.050(.A)(.2) (Change of Use).
(c) As used in this section, the “district minimum” parking requirement is:
iii. 2 spaces per 1,000 square feet of floor area in the Manufacturing Districts; and
iv. 1 space per 1,000 square feet of floor area in the R-SMU district.

All Other Residential Districts. In all Residential Districts except for R-SMU, off- street parking spaces are required for all changes in use.

Section 7. That the section named; Residential Uses; in Berkeley Municipal Code Table 23.322-1, Required Off Street Parking in Residential Districts, within Berkeley Municipal Code 23.322.030, Required Parking Spaces, is amended to read as follows:

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TABLE 23.322-1: REQUIRED OFF-STREET PARKING IN RESIDENTIAL DISTRICTS Land Use Number of Required Off-street Parking Spaces
Residential Uses
Accessory Dwelling
Unit
Junior ADU: None required
ADU outside of Hillside Overlay: None required
ADU within Hillside Overlay: 1 per ADU unless satisfies the criteria in subdivision (d) of Government Code Section
65852.2.See Chapter 23.306
Dwellings, including
Group Living
Accommodations
R-3, R-4, and R-5 Districts (1-9 units): If located on a roadway less than 26 feet. in width in the Hillside Overlay: 1 per unit.

R-3, R-4, and R-5 District (10 or more units): If located on a roadway less than 26 feet. in width in the Hillside Overlay: 1 per 1,000 sq. ft. of gross floor area
All Other Districts: If located on a roadway less than 26 feet. in width in the Hillside Overlay: 1 per unit
All Other Locations: None required
Dormitories, Fraternity
and Sorority Houses,
Rooming & Boarding
Houses, Senior
Congregate Housing

If located on a roadway less than 26 feet. in width in the Hillside Overlay: 1 per each 5 residents, plus 1 for manager.

All Other Locations: None required.

Rental of Rooms
If located on a roadway less than 26 feet. in width in the Hillside Overlay: 1 per each two roomers
All Other Locations: None required

Section 8. That Berkeley Municipal Code Table 23.322-2 is amended to read as follows:

TABLE 23.322-2: REQUIRED OFF-STREET PARKING REQUIREMENTS IN COMMERCIAL

DISTRICTS (EXCLUDING C-T)
Land Use Required Parking Spaces
Residential Uses
Accessory Dwelling
Unit See Chapter 23.306None required
Dwellings, including
Group Living
Accommodations
If located on a roadway less than 26 feet. in width in the Hillside Overlay: 1 per unit
All Other Locations: None required
Hotel, Residential None required
Mixed-Use Residential None required

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Land Use Required Parking Spaces
(residential use only)
Senior Congregate
Housing None required
Non-Residential Uses
All non-residential
uses except uses
listed below
C-DMU District: 1.5 per 1,000 sq. ft.

All Other Commercial Districts: 2 per 1,000 sq. ft.

Hospital 1 per each 4 beds plus 1 per each 3 employees
Library
C-DMU District: 1.5 per 1,000 sq. ft.

All Other Commercial Districts: 1 per 500 sq. ft. of publicly accessible floor area
Nursing Home 1 per 3 employees
Medical Practitioners C-DMU District: 1.5 per 1,000 sq. ft.

All Other Commercial Districts: 1 per 300 sq. ft.

Hotels, Tourist
C-DMU District: 1 per 3 guest/sleeping rooms or suites
C-C, C-U, C-W Districts: 1 per 3 guest/sleeping rooms or suites plus 1 per 3 employees
All Other Commercial Districts: 2 per 1,000 sq. ft.

Motels, Tourist
C-DMU District: 1 per 3 guest/sleeping rooms or suites
C-C, C-U, C-W Districts: 1 per guest/sleeping room plus 1 for owner or manager [1]
All Other Commercial Districts: 2 per 1,000 sq. ft.

Large Vehicle Sales
and Rental
C-DMU District: 1.5 per 1,000 sq. ft.

C-SA District: 1 per 1,000 sq. ft.

All Other Commercial Districts: 2 per 1,000 sq. ft.

Small Vehicle Sales
and Service
C-DMU District: 1.5 per 1,000 sq. ft.

C-SA District: 1 per 1,000 sq. ft.

All Other Commercial Districts: 2 per 1,000 sq. ft.

Manufacturing
C-DMU District: 1.5 per 1,000 sq. ft.

C-W District: 1 per 1,000 sq. ft [1]
All Other Commercial Districts: 2 per 1,000 sq. ft.

Wholesale Trade
C-DMU District: 1.5 per 1,000 sq. ft.

C-W District: 1 per 1,000 sq. ft
All Other Commercial Districts: 2 per 1,000 sq. ft.

Live/Work
If workers/clients are permitted in work area, 1 per first 1,000 sq. ft. of work area and 1 per each additional 750 sq. ft. of work area
Notes:
[1] Spaces must be on the same lot as building it serves

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Section 9. That the section named; Residential Uses; in Table 23.322-4, Required Off Street Parking in Manufacturing Districts, within Berkeley Municipal Code

23.322.030, Required Parking Spaces, is amended to read as follows:

TABLE 23.322-4: REQUIRED OFF-STREET PARKING IN MANUFACTURING DISTRICTS Land Use Required Parking Spaces
Residential Uses
Accessory Dwelling
Unit See Chapter 23.306None required
Dwellings None required
Group Living
Accommodation None required

Section 10. That Berkeley Municipal Code 23.322.080 is amended to read as follows:

23.322.080– Parking Layout and Design

Traffic Engineering Requirements.

All off-street parking spaces, access driveways, circulation patterns, and ingress and egress connections to the public right-of-way must conform to the City of Berkeley’s Traffic Engineering requirements.

The Traffic Engineer shall determine whether the size, arrangement, and design of off-street parking spaces, access driveways, circulation patterns, and ingress and egress connections to the public right-of-way are adequate to create usable, functional, accessible, and safe parking areas, and are adequately integrated with Berkeley’s overall street pattern and traffic flows.

Dimensional Standards. Dimensional requirements and standards for off-street parking spaces, driveways, and other access improvements, and maneuvering aisles shall be incorporated in administrative regulations, subject to the review and approval by the City Manager and ZAB.

Access Orientation in Non-Residential Districts. Access to new parking areas in a Non-Residential District that serve commercial uses shall be oriented in such a way as to minimize the use of streets serving primarily residential uses.

Residential Parking Lots in Non-Residential Districts. Parking lots in a non- residential district used exclusively for residential parking must comply with standards in Section 23.322.080 that apply in Residential Districts.

Placement--Residential Districts.

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Side Setback Areas.
(a) One new off-street parking space in a required side setback area, where none exists, is allowed by right.
(b) The space must be constructed of a permeable surface unless the Public Works Department or Office of Transportation determines it is infeasible. (c) The space must be screened as required by 23.322.080.HG (Screening). (d) The location of the space shall minimize impact on usable open space.

Other Setback Areas. No portion of an off-street parking space may be located in a required front, street side, or rear setback area unless:
(a) The parking space location is authorized by Chapter 23.306 (Accessory Dwelling Units); or
(b) The Zoning Officer approves an AUP, in consultation with the Traffic Engineer, and the space meets all applicable requirements in this section.

Multifamily Buildings.
(a) An off-street parking space may not be located closer than 10 feet in horizontal distance from a door or a window of a building with three or more dwelling units where the space is on the same or approximately the same level as the building.
(b) For the purposes of this section, a window whose bottom edge or point is more than 6 feet in vertical height from the level of the subject off-street parking space is not considered on the same or approximately the same level.
(c) The Zoning Officer may approve and AUP to grant an exception to this requirement.

Placement--Non-Residential Districts.

Where Prohibited. Except when otherwise allowed by this chapter, ground-level off-street parking spaces are not permitted within 20 feet of the lot’s street frontage unless the parking is entirely within a building with walls.

Corner Lots. For a corner lot, the ZAB may approve a Use Permit to allow the parking within 20 feet of the street frontage facing the secondary street.

C-W District.
(a) Off-street automobile parking in the C-W district is not permitted between the front lot line and a main structure within a designated node. (b) Outside of a designated node, off-street automobile parking may be allowed between the front lot line and a main structure with a Use Permit or AUP. If

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the project requires ZAB approval, a Use Permit is required. An AUP is required for all other projects.
(c) To approve the AUP or Use Permit, the review authority must find that one or more of the following is true:
i. Parking in the rear or on the side of the property is impractical because of the lot’s depth and/or width.
ii. Parking in the rear of the property would result in adverse impacts on abutting residential or other uses.
iii. Parking in the rear or on the side of the property would result in the placement of a driveway in an unsafe location.
iv. Continuation or re-establishment of parking in front of the building is necessary for the reuse of an existing structure which is substantially set back from the front lot line.

Placement--ADU.
(a) On a lot with an existing or proposed ADU, replacement of required off-street parking for the main building or required off-street parking for an ADU is allowed in any configuration on the lot, including within the front setback; or (b) Within the Hillside Overlay on a lot with an existing or proposed ADU, where no legal off-street parking exists for the main building, required parking provided for the main building is allowed in any configuration on the lot, including within the front yard setback.

Grade Change. This subsection applies to off-street parking spaces in all districts, except for parking decks in Residential Districts.

The difference in elevation between a parking space and the finished grade on adjacent areas of the lot may not exceed 5 feet at any point.

Where there is a difference in elevation between a parking space and adjacent finished grade, the parking space shall be setback from a lot line as shown in Table 23.322-7.

TABLE 23.322-7. REQUIRED SETBACKS FOR PARKING SPACES WITH ADJACENT

GRADE CHANGES

DIFFERENCE IN ELEVATION MINIMUM SETBACK
Parking space lower than finished grade

3 to 5 ft 4 ft.

Less than 3 ft No min. setback
Parking space higher than finished grade 6 ft.

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Screening.

Table 23.322-8 shows required parking space screening. Screening must effectively screen parked vehicles from view from buildings and uses on adjacent, abutting, and confronting lots. Screening may not interfere with pedestrian safety.

TABLE 23.322-8. REQUIRED PARKING SPACE SCREENING

DISTRICTS WHEN REQUIRED REQUIRED SCREENING

FEATURE

SCREENING

FEATURE HEIGHT
All Residential
Districts
2 or more parking
spaces, or any
parking space partly
or entirely within a
required rear setback
area
Continuous view-obscuring
wood fence, masonry wall,
or evergreen hedge which
may be broken only for
access driveways and
walkways
4 ft. min and 6 ft.
max.

All Commercial
and
Manufacturing
Districts
2 or more parking
spaces
Wall, fence, or evergreen
shrubbery hedge in a
landscape strip
Parking adjacent to
public right-of-way
or front lot line: 3 ft.
min. and 4 ft. max.

Parking adjacent to
rear or side lot line:
4 ft. min and 6 ft.
max.

In the C-W, M, MM, MU-LI districts, screening and landscape buffers are not required for any portion of a parking lot adjacent to Third Street (Southern Pacific Railroad).

Landscape Buffers.

All paved areas for off-street parking spaces, driveways, and any other vehicle- related paving must be separated from adjacent lot lines and the public right-of- way by a landscaped strip as shown in Table 23.322-9.

TABLE 23.322-9. REQUIRED LANDSCAPE BUFFERS

DISTRICT/NUMBER OF SPACES

MINIMUM WIDTH OF LANDSCAPE STRIP

AREAS ADJACENT TO SIDE

OR REAR LOT LINES

AREAS ADJACENT TO PUBLIC RIGHT-

OF-WAY OR FRONT LOT LINE
Residential Districts

1-3 spaces 2 ft. 2 ft.
4 spaces or more 4 ft. [1] 4 ft. [1]
Commercial and
Manufacturing Districts

1 space None required None required

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2-3 spaces 2 ft. 3 ft.
4 spaces or more 4 ft. [1] 4 ft. [1]
Note:
[1] Calculated as average width along the full length of landscape strip.

In all districts, this landscape buffer requirement does not apply to driveways that serve two adjacent lots when adjacent to a side lot line.

In the Residential Districts, this landscape buffer requirement also does not apply to pedestrian walkways that are separated from such areas by a landscaped strip at least two feet wide.

Paved Setback Areas. In Residential Districts, the total area of pavement devoted to off-street parking spaces, driveways, and other vehicle-related paving may not exceed 50 percent of any required setback area that runs parallel to and abuts a street.

Driveway Width.

A driveway may not exceed 20 feet in width at any lot line abutting a street or one-half of the width of the street frontage of the lot, whichever is less.

In a Non-Residential district, the Zoning Officer may modify this requirement with an AUP.

Driveway Separation. On a single lot in a Residential District, driveways must be spaced at least 75 feet from one another, as measured along any continuous lot line abutting a street.

Tandem Parking. Tandem spaces that provide required off-street parking require an AUP, except when allowed by right by Chapter 23.306 (Accessory Dwelling Units).

Residential Parking Lots in Non-Residential Districts. Parking lots in a non- residential district used exclusively for residential parking must comply with standards in this section that apply in Residential Districts.

Carports. A carport shall meet the minimum horizontal and vertical dimensions specified by the City’s Traffic Engineer to be used for one or more legal parking spaces required under this chapter.

Section 11. That Berkeley Municipal Code is amended to add a new Section

23.324.060(C) to read as follows:

Accessory Dwelling Units. The following alterations of a lawful nonconforming existing structure or building that is an existing ADU or proposed to be converted to an ADU are permitted with a Zoning Certificate:

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New windows, doors, or other openings to a portion of a building or structure within a minimum required setback.

New windows, doors, or other openings to a portion of a building or structure exceeding the height limit.

Section 12. That Berkeley Municipal Code 23.502.020(A)(4) is amended to read as follows:

Accessory Dwelling Unit (ADU). An attached or detached secondary dwelling unit that is located on the samea lot as a proposed or existing single family dwelling, duplex, multi-family dwelling use, or group living accommodation in a zoning district where residential uses are permitted and provides independent living facilities for one or more persons. An ADU must comply with local building, housing, safety and other code requirements, except as expressly modified in Chapter 23.306, and provide the following features independent of other dwelling units on the lot: Exterior or independent access to the ADU, living and sleeping quarters, a full kitchen, and a full bathroom. An ADU also includes the following:
(a) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code, or (b) A manufactured home, as defined in Section 18007 of the Health and Safety Code.

Junior Accessory Dwelling Unit (Junior ADU). A unit that is contained entirely within the walls of an existing or proposed single family dwelling, or a single family dwelling unit’s attached garage. A Junior ADU must include a separate exterior entrance and, at minimum, an efficiency kitchen with a working refrigerator. A Junior ADU may include separate sanitation facilities or may share sanitary facilities with a single family dwelling. The property-owner must reside in either the Single Family Dwelling or the JADU. (a) with a proposed or existing Single Family Dwelling, Duplex, Multi-Family Dwelling Use or Group Living Accommodation. An Accessory Dwelling Unit must comply with local building, housing, safety and other code requirements, except as expressly modified in Chapter 23.306, and provide the following features independent of other dwelling units on the lot: 1) exterior or independent access to the Accessory Dwelling Unit; 2) living and sleeping quarters; 3) a full kitchen; and 4) a full bathroom. An Accessory Dwelling Unit also includes the following:
(b)(a) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.

Section 13. That Berkeley Municipal Code 23.502.020(A)(8) is amended to read as follows:

Addition, Residential. The creation of any new portion of a main building which results in a vertical or horizontal extension of the building, or results in additional

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residential gross floor area to an existing main building, as long as such new gross floor area does not exceed 15 percent of the lot area or 600 square feet, whichever is less. For purposes of this definition gross floor area does not include:
(a) Additions of gross floor area devoted to required off-street parking spaces, creation of mezzanines or lofts within the building’s shell; (b) Making previously unusable attics into habitable floor area (except where new areas with vertical clearance of 6 feet or greater are created through expansions of the building shell);
(c) Excavations of earth within the existing building footprint (i.e. expansion of existing basements or new basements), or
(d) Replacement of existing floor area that was lawfully constructed and is located entirely within the addition’s shell.
(d)(e) The floor area associated with any existing or proposed accessory dwelling unit or junior accessory dwelling unit, up to 800 square feet per lot.

Section 14. That Berkeley Municipal Code 23.502.020(A)(9) is amended to read as follows:

Addition, Major Residential.
(a) A residential addition greater than 15 percent of the lot area or 600 square feet. Floor area from all residential additions since October 31, 1991, with the exception of:
i. Additions that are entirely subsumed within previously existing floor area; and
ii. The floor area associated with any existing or proposed accessory dwelling unit or junior accessory dwelling unit, up to 800 square feet per lot.
(b) The floor area of subsequent stories where the addition does not exceed the district residential addition height limit, shall count towards the calculation of gross floor area for the purposes of this definition.
(c) Any new floor area, except as exempted under (9)(a), shall be treated as a new major residential addition for the purpose of permit processing, when the cumulative square footage exceeds 15 percent of the lot area or 600 square feet, whichever is less.

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Section 15. That Berkeley Municipal Code 23.502.020(E)(1) is amended to read as follows:

Efficiency Kitchen. A kitchen that includes a sink, a cooking facility with appliances (e.g. microwave, toaster, oven, hot plate), and food preparation counter space and cabinets.

Section 16. That Berkeley Municipal Code 23.502.020(J) is amended to read as follows:

"J" Terms.

Junior Accessory Dwelling Unit (JADU). A unit that is contained entirely within the walls of a Single Family Dwelling. A JADU must include a separate exterior entrance and an Efficiency Kitchen with a working refrigerator. A JADU may include separate sanitation facilities or may share sanitary facilities with a Single Family Dwelling. The property-owner must reside in either the Single Family Dwelling or the JADU.

Section 17. That Berkeley Municipal Code 23.502.020(N)(1) is amended to read as follows:

N. "N" Terms.

1. New Construction. Construction of a new main building or accessory dwelling unit.

Section 18. Severability.

If any provision or clause of this Ordinance or any application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by a court of competent jurisdiction, such invalidity shall not affect other provisions or clauses or applications of this Ordinance. To this end the provisions and applications of this Ordinance are severable, and the Council of the City of Berkeley hereby declares that it would have passed this Ordinance and each provision or clause without regard to whether any other portion of this Ordinance or application thereof would be subsequently declared invalid or unconstitutional.

Section 19. 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

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filed at each branch of the Berkeley Public Library and the title shall be published in a newspaper of general circulation.

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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor

DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
October 17, 2022
Jordan Klein, Director
Planning and Development Department
1947 Center Street, 3rd Floor
City of Berkeley, CA 94704
Dear Jordan Klein:

RE: Review of Berke
ley’s Accessory Dwelling Unit (ADU) Ordinance under State ADU Law (Gov. Code, § 65852.2)
Thank you for submitting the City
of Berkeley’s (City) accessory dwelling unit (ADU)
Ordinance Nos. 7,797-N.S. and 7,799-N.S. (collectively, Ordinances), both adopted on February 8, 2022, to the California Department of Housing and Community Development (HCD). The Ordinances were received on February 23, 2022. HCD has reviewed the Ordinances and submits these written findings pursuant to Government Code section 65852.2, subdivision (h). HCD finds that the Ordinances do not comply with section 65852.2 in the manner noted below. Under that statute, the City has up to 30 days to respond to these findings. Accordingly, the City must provide a written response to these findings no later than November 17, 2022.

The Ordinances addr
ess many statutory requirements; however, HCD finds that the Ordinances do not comply with State ADU Law in the following respects:

Ordinance No. 7,797-N.S.
• Section 23.502.020.E.1and J.1 – Efficiency Kitchen – The Ordinance defi nes
efficiency kitchen as including a sink and having a working refrigerator.

However, the sink requirement, previously specified in Government Code section 65862.22, subdivision (a)(6), was removed and statute does not specify any type of appliances, thereby creating more options to satisfy the appliance requirement. Efficiency kitchen is now defined as “[a] cooking facility with appliances.” (Gov. Code, § 65852.22, subd. (a)(6)(A).) It shall include “[a] food preparation counter and storage cabinets that are in reasonable size in relation to the size of the junior accessory dwelling unit.” (Gov. Code, § 65852.22, subd. (a)(6)(B).) The City must remove the sink requirement as well as the reference to a working refrigerator to comply with existing statute.

ATTACHMENT 2

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Jordan Klein, Director

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Ordinance No. 7,799-N.S.

• Section 12.99 – Wildfire Hazard Evacuation Risk Mitigation Ordinance – To restrict ADUs and Junior Accessory Dwelling Units (JADUs) in the Hillside Overlay District, the Ordinance relies on a local agency’s ability to designate areas where ADUs may be permitted based on the impact on traffic flow and public safety per Government Code 65852.2, subdivision (a)(1)(A). The Ordinance provides general information regarding the Hillside Overlay District and its topography and location within Berkeley’s Very High Fire Hazard Severity Zone (VHFHSZ). In addition, the Ordinance refers to a study published by UC Berkeley, and upon further communication by HCD with the City on March 4, 2022, the City provided information regarding a traffic simulation study (Developing Transportation Response Strategies for Wildfire Evacuations via an Empirically Supported Traffic Simulation of Berkeley, California, Wong, 2021) conducted within the Hillside Overlay District.

However, while HCD is sympathetic to concerns about fire safety and the need to ensure adequate evacuation in the event of a fire, the City has not adequately demonstrated that new ADUs will actually impact public safety in the VHFHSZ. The traffic simulation study is not specific to ADUs and JADUs, and therefore its information and conclusions do not adequately justify the restriction of ADUs in the Hillside Overlay District per Government Code 65852.2, subdivision (a)(1)(A). Specifically, the City relies on the study, which looks at total vehicular use, to conclude that additional ADUs will create an evacuation hazard. This study, however, does not provide data on how many lots are likely to add ADUs or what specific impact new ADUs might have on evacuations. Moreover, the City does not account for the potential for ADUs to be excluded from requiring a parking space given the availability of public transit in the Hillside Overlay District. HCD is aware that AC Transit serves the Berkeley Hills location, exempting many, if not all, potential lots from parking space requirements for new ADUs.

Furthermore, even if the City would provide adequate justification for this restriction on ADUs under this subdivision, the City may not justify such a restriction on ADUs that fall under subdivision (e), as local development standards (such as an area restriction based on VHFHSZ designation) provided by the Ordinance pursuant to Government Code section 65852.2, subdivisions (a) through (d), do not apply to ADUs created under Government Code section 65852.2, subdivision (e).

In summary, the City must remove these restrictions and permit applications pursuant to Government Code 65852.2, subdivisions (a) and (e).

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Jordan Klein, Director

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• Section 12.99.030 – Total Number of Units Permitted – The Ordinance limits the number of units allowed per lot in the Hillside Overlay District to one ADU or JADU. However, this limitation conflicts with the Government Code section 65852.2, subdivisions (e)(1)(A) and (B), requirement to allow for both an ADU and JADU on a lot with a proposed or existing single-family dwelling, should certain conditions be met. In addition, this limitation conflicts with Government Code section 65852.2, subdivisions (e)(1)(C) and (D), for lots with existing multifamily structures. The City must amend this prohibition to explicitly permit applications per Government Code 65852.2, subdivision (e).

In response to the findings in this letter, and pursuant to Government Code section 65852.2, subdivision (h)(2)(B), the City must either amend the Ordinances to comply with State ADU Law or adopt the Ordinances without changes. Should the City choose to adopt the Ordinances without the changes specified by HCD, the City must include findings in its resolution that explain the reasons the City finds that the Ordinances comply with State ADU Law despite the findings made by HCD. Accordingly, the City’s response should provide a plan and timeline to bring the Ordinances into compliance.

Please note that, pursuant to Government Code section 65852.2, subdivision (h)(3)(A), if the City fails to take either course of action and bring the Ordinances into compliance with State ADU Law, HCD may notify the City and the California Office of the Attorney General that the City is in violation of State ADU Law.

HCD appreciates the City’s efforts in the preparation and adoption of the Ordinances and welcomes the opportunity to assist the City in fully complying with State ADU Law.

Please feel free to contact Mike Van Gorder, of our staff, at (916) 916-776-7541 or at [email protected].

Sincerely,

David Zisser
Assistant Deputy Director
Local Government Relations and Accountability

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Planning and Development Department
Land Use Planning Division

STAFF REPORT
DATE: May 3, 2023
TO: Members of the Planning Commission
FROM: Zoe Covello, Assistant Planner
Grace Wu, Principal Planner
SUBJECT: Amendments to Title 23 Relating to Acc
essory Dwelling Units (ADUs) to
Conform to Current State Law and Guidance from the California Department of Housing and Community Development

RECOMMENDATION
Planning Commission is asked to hold a public hearing, receive and provide comment on the pr
oposed Zoning Ordinance amendm
ents pertaining to Accessory Dwelling Units
and Junior Accessory Dwelling Units, and make a recommendation for consideration by the City Council.

SUMMARY
City staff have prepared amendments to Title 23 (Zoning Ordinance) of the Berkeley
Municipal Code (BMC) in response to: (a) recent changes in State laws pertaining to Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (Junior ADU) that took effect on January 1, 2023, and (b) feedback from the California Department of Housing and Community Development (HCD) finding that the City of Berkeley’s current ADU ordinance does not comply with State law.

These amendments will serve to bring
the City’s ADU ordinance into compliance with
current State law and HCD guidance.

This report provides:

1. Background on Berkeley’s existing ADU ordinance and f ire safety concerns;

2. A summary of new State ADU Law;

3. A summary of HCD’s finding of noncompliance and staff’s proposed response for addressing the issues raised; and

4. Proposed Z oning Ordinance amendments and rationale.

BACKGROUND
ATTACHMENT 3

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Accessory Dwelling Units (ADUs) - Amendments to Conform to State Law Planning Commission Staff Report May 3, 2023

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ADU Regulations in the City of Berkeley
The City of Berkeley’s current ADU Ordinance was amended in accordance with the State of California law (Government Code Sections 65852.21 and 65852.222) and took effect on March 17, 2022. The primary ordinance regulating ADU development in the City is Berkeley Municipal Code (BMC), Chapter 23.306: Accessory Dwelling Units. This chapter allows ADUs on properties located in a zoning district that permits residential use, and provides development standards based on the location of the property. The ordinance currently includes separate development standards for properties that are located in certain zoning districts within the Hillside Overlay [R-1(H), R-2(H), R-2A(H)] and the ES-R district.

In addition to Chapter 23.306, the City adopted Chapter 12.99: Wildfire Hazard Evacuation Risk Mitigation Ordinance, which serves to “permit and promote the construction of accessory dwelling units and junior accessory dwelling units while protecting human life and health, promoting the public health, safety, and general welfare, and minimizing public and private losses due to dangerous conditions in specific areas” in accordance with Government Code 65852.2, subdivision (a)(1)(A), which allows local agencies to regulate ADUs based on "adequacy of water and sewer service, and the impacts of traffic flow and public safety." 3 Chapter 12.99 was adopted in response to a short-term Council referral in January 2021. The referral provided direction to amend the local ADU zoning ordinance and Berkeley’s Fire Code, requesting that a set of ordinance amendments and implementation programs be evaluated and recommended to Council to address emergency access and egress. The referral also requested parking and objective development standards to address the constraints presented by the high fire hazard conditions and narrow and curving roadways in Fire Zones 2 and 3.

In response to the January 2021 referral, Planning and Development Department staff proposed revisions to development standards to limit allowable ADU size and increase front yard setbacks in the City’s Very High Fire Hazard Severity Zone, which encompasses a significant portion of the Hillside Overlay.

On April 7, 2021, the Planning Commission held a public hearing and recommended staff’s proposed amendments to City Council, adding that the maximum height for ADUs be increased from 16 feet to 18 feet. City Council adopted Chapter 23.306 (Accessory Dwelling Unit Ordinance) as submitted by the City Manager with amendments from

1 Government Code Section 65852.2,
https://leginfo.legislature.ca.gov/faces/selectFromMultiples.xhtml?lawCode=GOV&sectionNum=65852.2 2 Government Code Section 65852.22,
https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=65852.22 3 Prior to adopting Chapters 23.306 and 12.99, the City had previously prohibited the construction of ADUs in the ES-R district (Zone 3) and on any lot with frontage on a roadway of less than 26 feet width in the Hillside Overlay, subject to discretionary review. After the ADU ordinance adopted in December 2019 expired on December 4, 2020, the City had been operating without any local provisions for ADUs; all ADUs in residential districts were regulated only by State law, allowing their development without regard to street width or parking.

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Accessory Dwelling Units (ADUs) - Amendments to Conform to State Law Planning Commission Staff Report May 3, 2023

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Councilmember Kesarwani.4 City Council further amended the ordinance with regards to the three-year rolling date for ADU conversions and the addition of balconies to prohibited projections.

On October 26, 2021, City Council referred to the City Manager a request to develop a set of public safety regulations that address public safety issues stemming from new development in fire-prone areas. Those safety regulations resulted in the adoption of Chapter 12.99 (Wildfire Hazard Evacuation Risk Mitigation Ordinance) on January 25, 2022.

2022 State ADU Law Updates - SB 897, AB 2221, and AB 2097

Three new State ADU laws took effect January 1, 2023, codified in Government Code section 65852.2 pertaining to ADUs, necessitating an update to the City of Berkeley’s ADU ordinance. These new State ADU laws relate to:

1. Maximum height limits. SB 897
5 increases ADU height standards for both
attached and detached ADUs in the following circumstances:
o An attached ADU on a lot in any permissible zoning district shall have a height limitation no less than 25 feet.
o A detached ADU that is located either on a lot in any permissible zoning district that is within a 0.5 mile of a major transit stop or high-quality transit corridor as defined in Public Resources Code (PRC) Section 21155 or on a lot with an existing or proposed duplex or multi-family, multi-story (two or more stories) building shall have a height limitation of no less than 18 feet.

An additional two feet (totaling 20 feet maximum height) is allowed for a detached ADU on a lot in any permissible zoning district that is within 0.5 miles of a transit stop or high-quality transit corridor as defined in PRC Section 21155 to accommodate a roof pitch on the ADU that is aligned with the roof pitch of the primary dwelling unit.

2. Prohibiting development standards that preclude 800 square foot ADUs.

Under AB 22216, local agencies are prohibited from establishing lot coverage, floor area ratio, open space, or minimum lot size standards that would physically preclude construction of an 800 square foot ADU, including a minimum front setback.

3. Required connections between a Junior ADU and the main dwelling unit.

SB 897 requires both a separate entrance to the Junior ADU from the main entrance to the structure and an interior connection to the main living area of the

4 Councilmember Kesarwani’s amendments included protection for non-habitable space in multi-family buildings, clarified rules that apply to Accessory Structures being converted into ADUs, clarified owner occupancy requirements for JADUs, and modified noticing requirements for tenants and neighbors. https://berkeleyca.gov/sites/default/files/city-council-meetings/2022-01- 18%20Agenda%20Packet%20-%20Council%20-%20WEB.pdf
5 Senate Bill 897, https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB897. 6 Assembly Bill 2221, https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202120220AB2221.

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Accessory Dwelling Units (ADUs) - Amendments to Conform to State Law Planning Commission Staff Report May 3, 2023

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single family dwelling if a Junior ADU shares sanitation facilities with the primary dwelling unit.

4. Changes to off-street parking related to ADUs. While parking may be provided voluntarily, per AB 20977 no off-street parking may be required for an ADU or a Junior ADU if the lot is located within a 0.5 mile of public transit, as defined in PRC Section 21155. Note, the existing ADU ordinance already has provisions for reduced parking requirements within a 0.5 mile walking distance of public transit.8
The proposed revisions to the zoning ordinance reflect these changes, which can be found in the Discussion section below.
2022 Letter from HCD Requesting Amendments to the City’s ADU Ordinance

On October 17, 2022, the City received a letter from HCD stating that they had reviewed the City’s current ADU ordinances (BMC Sections 23.306 and 12.99, the “Ordinances”) and found that the Ordinances do not comply with Government Code Section 65852.2 (see Attachment 4).

Wildfire Hazard Evacuation Risk Mitigation Ordinance
Regarding Ordinance No. 7,799-N.S (Chapter 12.99), HCD found that the City did not make adequate findings with respect to ADU development impacts on traffic flow and public safety when the City adopted limitations on the quantity and size of ADU development in the Hillside Overlay.

HCD asserts that the traffic simulation study referenced in Chapter 12.99 is not specific to ADUs and Junior ADUs and therefore cannot be used to justify the restriction on the number of ADUs in the Hillside Overlay. Additionally, the traffic simulation study does not provide data on how many lots are likely to add ADUs, does not identify specific impacts new ADUs may have on evacuations, and does not account for the potential for ADUs to be excluded from requiring a parking space given the availability of public transit in the Hillside Overlay. Furthermore, HCD adds that even if the City adequately justified the restriction of ADUs under this subdivision, it may not justify restrictions on ADUs that fall under subdivision (e) because local development standards do not apply to ADUs created under Government Code section 65852.2, subdivision (e).

7 Assembly Bill 2097, https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220AB2097. 8 GOV 65852.2(j)(11) “Public transit” means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

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Berkeley City CouncilJuly 25, 2023

Berkeley City Council
July 25, 2023