Agenda packet — Berkeley City Council, September 12, 2023 (part 1 of 4)

Tuesday, September 12, 2023 AGENDA Page 1

AG E N D A

BERKELEY CITY COUNCIL MEETING
Tuesday, September 12, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in -person attendance and virtual participation . For in- person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iP ad, iPhone, or Android device: Please use this UR L: https://cityofberkeley- info.zoomgov.com/j/1606796328. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Di al 1-669-254-5252 or 1 -833-568-8864 (Toll Free) and enter Meeting ID: 160 679 6328. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be record ed and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

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

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

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Tuesday, September 12, 2023 AGENDA Page 2

Preliminary Matters
Roll Call:

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

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

1. Pledge of Allegiance to the Flag
City Manager Comments: The City Manager may make announcements or provide information to the City Council in the form of an oral report. The Council will not take action on such items but may request the City Manager place a report on a future agenda for discussion.

Public Comment on Non-Agenda Matters: Persons will be selected to address matters not on the Council agenda. If five or fewer persons wish to speak, each person selected will be allotted two minutes each. If more than five persons wish to speak, up to ten persons will be selected to address matters not on the Council agenda and each person selected will be allotted one minute each. Persons attending the meeting in-person and wishing to address the Council on matters not on the Council agenda during the initial ten-minute period for such comment, must submit a speaker card to the City Clerk in person at the meeting location and prior to commencement of that meeting. The remainder of the speakers wishing to address the Council on non-agenda items will be heard at the end of the agenda.

Public Comment by Employee Unions (first regular meeting of the month): This period of public comment is reserved for officially designated representatives of City of Berkeley employee unions, with five minutes allocated per union if representatives of three or fewer unions wish to speak and up to three minutes per union if representatives of four or more unions wish to speak.

Consent Calendar
The Council will first determine whether to move items on the agenda for “Action” or “Information” to the “Consent Calendar”, or move “Consent Calendar” items to “Action.” Three members of the City Council must agree to pull an item from the Consent Calendar or Information Calendar for it to move to Action.

Items that remain on the “Consent Calendar” are voted on in one motion as a group. “Information” items are not discussed or acted upon at the Council meeting unless they are moved to “Action” or “Consent”.

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

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

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

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

Recess Items

1. Contract: Downtown Berkeley YMCA for Fitness Center Memberships for City Employees
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $130,176 for fitness center memberships for City employees for the period July 1, 2023 through June 30, 2024.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000

2. Contract No. 32200058 Amendment: ACI Payments, Inc for Recreation Online Registration System Credit Card Transaction Processing Fees From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager to execute an amendment to Contract No. 32200058 with ACI Payments, Inc (ACI) increasing the contract amount by $35,000 for a total not to exceed amount of $185,000.

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

3. Stipend for Echo Lake Camp Staff
From: City Manager
Recommendation: Adopt a Resolution approving up to a $500/week stipend for certain Echo Lake Camp daily-rated staff working in the summer of 2023, starting July 30, 2023.

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

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Recess Items
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4. Contract No. 100692-4 Amendment: Serological Research Institute for DNA Testing Services
From: City Manager
Recommendation: Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 100692-4 and any necessary future amendments with Serological Research Institute (SERI) for the Police Department, increasing the contract amount by $1,000,000 for a total not to exceed amount of $3,000,000 while the contract expiration will remain June 30, 2025.

Financial Implications: State Proposition 172 Fund - $1,000,000 Contact: Jennifer Louis, Police, (510) 981-5900

Consent Calendar

5. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of July 10 (special closed), July 11 (regular), July 18 (special), July 24 (special closed and special) and July 25 (special and regular).

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

6. Establish 2024 City Council Meeting Schedule
From: City Manager
Recommendation: Adopt a Resolution establishing the City Council regular meeting schedule for 2024, with starting times of 6:00 p.m.

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

7. Police Accountability Board – Appointment of New Member From: City Manager
Recommendation: Adopt a Resolution appointing a new member to the Police Accountability Board nominated by Councilmember Humbert.

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

8. Contract: NetFile for Online Campaign Report, Public Financing, and Form 700 Filing and Tracking
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Westcoast Online Information Systems, Inc. dba NetFile for an amount not to exceed $170,700 for the period October 1, 2023 through September 30, 2028 for online campaign report, public financing, and Form 700 filing, processing, web posting, and tracking.

Financial Implications: General Fund - $170,700
Contact: Mark Numainville, City Clerk, (510) 981-6900

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Consent Calendar
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9. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 12, 2023
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Varous Funds - $9,990,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300

10. Contract: Swifthawk LLC for Project Management & Consulting From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Swifthawk, LLC to provide project management and consulting services for the Fire Department from August 7, 2023 to August 31, 2025 in an amount not to exceed $600,000.

Financial Implications: Measure FF Fund - $600,000
Contact: David Sprague, Fire, (510) 981-3473

11. Contract No. 32300094 Amendment: Restoration Family Counseling Center for Counseling, Education and Support
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300094 for Counseling, Education and Support for the Fire Department (Department); with Restoration Family Counseling Center Inc. (RFCC), increasing the total contract amount from $80,000 to $308,000.

Financial Implications: Various Funds - $228,000
Contact: David Sprague, Fire, (510) 981-3473

12. Accept Future of Public Health Funds from the State of California From: City Manager
Recommendation: Adopt a Resolution authorizing the City manager to submit grant agreements to the State of California, to accept the grants, and to execute any resultant revenue agreements and amendments for the Future of Public Health program for an amount of $912,213 for each of the following: Fiscal Year 2024, Fiscal Year 2025, and Fiscal Year 2026.

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

13. Taxi Scrip Redemption Window Cash Drawer Increase
From: City Manager
Recommendation: Adopt a Resolution authorizing City Manager or her designee to increase the cash drawer amount for the weekly Taxi Scrip Redemption window from $15,000 to $20,000.

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

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Consent Calendar
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14. Contract: The Housing Workshop for Social Housing Models & Market Analysis From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with The Housing Workshop to provide policy model research and market analysis to inform social housing initiatives for the Department of Health, Housing, and Community Services (HHCS) from September 13, 2023 to September 13, 2024 in an amount not to exceed $175,000.

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

15. Expenditure Contract: Persimmony International for Electronic Medi-Cal Administrative Activities and Targeted Case Management Documentation From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an expenditure agreement, and any amendments or extensions, with Persimmony International for ongoing system maintenance of web-based Medi- Cal Administrative Activities (MAA) time study documentation, and Targeted Case Management (TCM) documentation. The contract will be in an encumbered amount of $289,011 for the period July 1, 2023 through June 30, 2027.

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

16. Contract No. 31900009 Amendment: Building Opportunities for Self-Sufficiency (BOSS) for McKinley House (2111 McKinley Avenue, Berkeley, CA 94703) From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900009 with Building Opportunities for Self-Sufficiency (BOSS) through November 1, 2025, adding $287,712 for a total contract amount of $945,424, to fund Mental Health clients living at 2111 McKinley Avenue in Berkeley. This will extend the contract by two years.

Financial Implications: See report.

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

17. Contract: Sensis, Inc. for Recruitment and Marketing Services From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract with Sensis, Inc. for recruitment and marketing services, in an amount not to exceed $250,000 over two years: $125,000 in the first year, with an option to renew for a second year for an additional $125,000.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

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Consent Calendar
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18. Establish Classification and Salary Range – Lactation Counselor From: City Manager
Recommendation: Adopt a Resolution establishing the unrepresented classification of Lactation Counselor with an hourly salary range of $41.1351 - $50.0000, and an annual salary range of $85,561.0080 - $104,000.00, in order to utilize grant funding to employ an International Board Certified Lactation Consultant (IBCLC) who will oversee the City’s Breastfeeding Peer Counselor Program and provide additional public health services to the City of Berkeley community.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

19. Revise Classification and Salary Range – Paramedic
From: City Manager
Recommendation: Adopt a Resolution revising the classification of Paramedic to an hourly salary range of $30.00-$40.00 per hour (currently $30.00-$45.00 per hour) to offset unanticipated budgetary impacts due to overtime. This recommendation and proposed Resolution follow Council consideration of this item in Closed Session on July 24, 2023.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

20. Memorandum of Understanding: Berkeley Police Association From: City Manager
Recommendation: Adopt a Resolution 1) approving a successor Memorandum of Understanding (hereafter referred to as “MOU”) with the Berkeley Police Association (hereafter referred to as the “Union”) for a three-year term from July 1, 2023 through June 30, 2026 and authorizing the City Manager to execute and implement the terms and conditions of employment set forth in the new MOU and to make non- substantive edits to the format and language of the MOU in alignment with the tentative agreement, and conforming to legal requirements; and 2) approving a new Classification and Salary table for Representation Units E and F that implement the salary adjustments reflected in the new MOU and supersede Resolution No. 69,965,- N.S. The terms of the proposed 2023-2026 MOU are within the parameters of authority approved by Council in closed session. The proposals were ratified by the Union following a three-day vote that concluded on August 14, 2023.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800

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Consent Calendar
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21. Grant Applications: Bipartisan Infrastructure Law (BIL) and State Funds For Six City Infrastructure Improvement Projects
From: City Manager
Recommendation: Adopt six Resolutions authorizing the City Manager or her designee to submit grant applications to six federal (BIL) and state-funded competitive grant programs for City Infrastructure improvement projects; accept any grants; execute any resulting grant agreements and any amendments; and that Council authorize the implementation of the projects and appropriation of funding for related expenses, subject to securing the grants.

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

22. Utility Easement: Bolivar Drive – East Bay Municipal Utility District From: City Manager
Recommendation: Adopt first reading of an Ordinance authorizing and directing the City Manager to convey a utility easement to the East Bay Municipal Utility District along Bolivar Drive at Aquatic Park.

Financial Implications: None
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700

23. Serving inclement weather needs, RV dwellers, and other vehicle dwellers through the Encampment Mobile Mental Health Wellness Team, as is feasible, within parameters of the state-approved project plan
From: Homeless Services Panel of Experts
Recommendation: That Council refer to staff to include providing services to meet inclement weather needs of the unhoused and provide services to RV, and other vehicle, dwellers, as is feasible, within the parameters of the state-approved plan.

Financial Implications: See report
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400

24. Authorization for an Additional Homeless Services Panel of Experts meeting in October 2023
From: Homeless Services Panel of Experts
Recommendation: Adopt a Resolution authorizing one additional meeting of the Homeless Services Panel of Experts in October 2023, which would restore one general meeting given that 3 special meetings were otherwise used to address Measure P allocations.

Financial Implications: See report
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400

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Consent Calendar
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25a. Accommodating Client Literacy and Cognitive Challenges in Community Agency Allocation Funding Process as to Homeless Providers From: Homeless Services Panel of Experts
Recommendation: That Council refer to staff to include in the community agency allocation funding RFP a question to homeless services providers as to how homeless services providers plan to accommodate clients with literacy and cognitive challenges.

Financial Implications: See report
Contact: Josh Jacobs, Commission Secretary, (510) 981-5400

25b. Companion Report: Accommodating Client Literacy and Cognitive Challenges in Community Agency Allocation Funding Process as to Homeless Providers From: City Manager
Recommendation: Take no action on the Homeless Services Panel of Experts’ recommendation, as staff have already included in the community agency allocation funding Request for Proposals (RFP) a question to homeless services providers as to how they plan to accommodate clients with literacy and cognitive challenges.

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

Council Consent Items

26. Appoint Ayanna Davis to the Berkeley Housing Authority Board From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution appointing Ayanna Davis to serve on the Berkeley Housing Authority Board of Commissioners for a four-year term.

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

27. Excused Absence for Councilmember Kate Harrison
From: Mayor Arreguin (Author)
Recommendation: Excuse Councilmember Kate Harrison from the September 19, 2023 Council meeting as a result of attending to official business of the City.

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

28. Letter to State Legislators Regarding San Pablo Park Pool Project From: Councilmember Taplin (Author), Councilmember Robinson (Co- Sponsor)
Recommendation: Send a letter to the requesting state budget allocations for capital improvements at San Pablo Park including the Frances Albrier Community Center and San Pablo Park Pool.

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

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Council Consent Items
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29. 51B BRT + University/Shattuck Corridor Mobility Improvements (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee)
From: Councilmember Taplin (Author), Councilmember Robinson (Co- Sponsor), Councilmember Humbert (Co-Sponsor)
Recommendation:

1. Refer to the City Manager commencement of a feasibility analysis and community engagement process to develop options for the implementation of Bus Rapid Transit (BRT) improvements along AC Transit’s 51B route; options are to be developed in tandem with internal city departments, including Public Works, Fire, Police Traffic Unit, and Economic Development, and interagency partners, including AC Transit, the Alameda County Transportation Commission, BART, Caltrans, UC Berkeley, and WETA; community engagement is to emphasize students, transportation advocates, transit riders, the disability rights community, the faith community, the senior community, local merchants, the business community, the arts community, and tenants; consultation with AC Transit and UC Berkeley Bear Transit on planning, scoping, and implementation is to begin as soon as possible; staff are encouraged to explore and pursue quick build improvements.

2. Refer $150,000 to the FY 2024-2025 budget process to increase the budget for the city’s ADA Transition Plan capital project to prioritize and implement ADA improvements at the city’s intersections, such as curb cuts, auditory functions of crossing signals, bulb-outs, shortening crossing distances, and other safety improvements.

3. Refer $150,000 to the FY 2025-2026 budget process for consulting costs to conduct corridor studies along University Avenue, from Seawall Drive, to Oxford Street, and along Oxford Street and Fulton Street, from Virginia Street to Durant Avenue, to identify appropriate road safety improvements that advance city-adopted safety, transportation, and climate goals and are continuous with work currently underway on the Addison Bicycle Boulevard, and explore improvements for curb management, i.e. accessible parking (blue curbs), management of curb space for third party delivery service, etc.

Policy Committee Recommendation: To forward the item to Council with a positive recommendation.

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

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Council Consent Items
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30. Budget Referral: Refer $100,000 to the FY 23 and FY 24 AAO #1 to beautify Vacant Storefronts in Berkeley Commercial Districts
From: Councilmember Harrison (Author)
Recommendation: Refer $100,000 to the FY 23 and FY 24 AAO #1 to help fund art or district branding vinyl window graphics on vacant storefronts in Berkeley Commercial Districts to beautify our Commercial Districts. The fund would be administered by the Downtown Berkeley Association on behalf of all Commercial Districts, and would reimburse property owners for 50% of the entire cost of the project: 1. Artist fee; 2. Costs associated with non-commercial printed material that is ideally non-plastic (may be vinyl if no alternative exists); 3. Installation of non- commercial window graphics
Financial Implications: See report
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140

31. Budget Referral: Miyawaki “Pocket Forest” Pilot Program to Support Carbon Sequestration, Biodiversity, Cooling, Noise Reduction, Health, and Equity From: Councilmember Hahn (Author), Councilmember Taplin (Co-Sponsor) Recommendation: Refer to the November 2023 Budget Process $140,000 to fund staffing, materials, and consultants for a Miyawaki Pocket Forest Pilot Project, including the planting of two pocket forests on City of Berkeley sites, preferably in areas most impacted by poor air quality, and a report to Council on opportunities and funding for a broader Citywide Miyawaki Forest program. Should November 2023 funding not be available, refer to subsequent budget processes for consideration.

Financial Implications: See report
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150

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

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

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

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Council Action Items
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32. Designating Open Space Adjacent to and in Front of Old Berkeley City Hall as a Linear City Park Pursuant to BMC 6.42
From: Councilmember Harrison (Author)
Recommendation: Adopt a resolution designating open space in front of Old City Hall as linear City park space and formally dedicate this site for permanent recreational use pursuant to BMC 6.42.

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

Information Reports

33. LPO NOD: 60 Panoramic Way, #LMIN2023-0001
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

34. LPO NOD: 1960 San Antonio Avenue/645 Arlington Avenue, #LMSAP2022-0005 From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400

35. LPO NOD: 803 Delaware Street, LMSAP2023-0002
From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Comment – Items Not Listed on the Agenda
Adjournment
NOTICE CONCERNING YOUR LEGAL RIGHTS : If you object to a decision by the City Council to approve or deny a use permit or variance for a project the following requirements and restrictions apply:
1) No lawsuit challenging a City decision to deny (Code Civ. Proc. §1094.6(b)) or approve (Gov. Code 65009(c)(5)) a use permit or variance may be filed more than 90 days after the date the Notice of Decision of the action of the City Council is mailed. Any lawsuit not filed within that 90 -day period will be barred. 2) In any lawsuit that may be filed against a City Council decision to appro ve or deny a use permit or variance, the issues and evidence will be limited to those raised by you or someone else, orally or in writing, at a public hearing or prior to the close of the last public hearing on the project.

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

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

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

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Tuesday, September 12, 2023 AGENDA Page 13
Any writings or documents provided to a majority of the City Council regarding any item on this agenda will be made available for public inspection at the public counter at the City Clerk Department located on the first floor of City Hall located at 2180 Milvia Street as well as posted on the City's website at https://berkeleyca.gov/.

Agendas and agenda reports may be accessed via the Internet at:
https://berkeleyca.gov/your-government/city-council/city-council-agendas and may be read at reference desks at the following locations:

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

Libraries: Main – 2090 Kittredge Street,
Claremont Branch – 2940 Benvenue, West Branch – 1125 University, North Branch – 1170 The Alameda, Tarea Hall Pittman South Branch – 1901 Russell COMMUNICATION ACCESS INFORMATION:

This meeting is being held in a wheelchair accessible location.

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

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

Captioning services are provided at the meeting, on B -TV, and on the Internet. In addition, assi sted listening devices for the hearing impaired are available from the City Clerk prior to the meeting, and are to be returned before the end of the meeting.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ I hereby certify that the agenda for this meeting of the Berkeley City Council was posted at the display case located near the walkway in front of the Maudelle Shirek Building, 2134 Martin Luther King Jr. Way, as well as on the City’s website, on August 31, 2023.

Mark Numainville, City Clerk

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

Item #29: 51 BRT + University/Shattuck Corridor Mobility Improvements

1. Bike East Bay

2. Raul Maldonado

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Communications
Tuesday, September 12, 2023 AGENDA Page 14
Berkeley Crime

3. Anthony Felli, Regional Vice President, Skates on the Bay (2)

4. Nina Lyons

5. Pamela Michaud

6. Benjamin Stein

7. Peter Radu

8. Colleen McCann

9. Mike Kim

10. Nina Lyons

11. Diana Rossi

12. Peter Horsemann

13. Linda Laskowski

14. Teresa Clarke

15. Melissa Little

16. Rebecca Thomas

17. Ryan Kidd

18. Joshua Bloom

19. Shok Saidmuradov

20. Shannon Holloway

21. Peter Hosemann
Automated License Plate Readers (ALPR)

22. Emily Benner

23. Laura Lake Gediman

24. Alex Merenkov

25. Rosemarie Klems

26. Katie Johnson

27. Isaac Dietz

28. Mary S.

29. Rosa Perez
Daylight Strawberry Creek/Civic Center Park

30. Jessica Hall

31. Juliet Lamont and Phil Price

32. Diana Bohn

33. Jennifer Ware

34. Stacie Degeneffe

35. Summer Brenner
BART Transit Oriented Development and Parking

36. John Hitchen

37. Barbara Flasher

38. Michai Freeman

39. Markus Feyh

40. Chris Watters

41. Mikayla Fussman

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Communications
Tuesday, September 12, 2023 AGENDA Page 15

42. Nat Kane

43. Peter Waller

44. Christine Goldin

45. Marija Hillis

46. Peggy Scott
2720 Hillegass/Willard Clubhouse

47. Julie Obbard

48. Alex Stec
Housing

49. Aimee Baldwin (3)

50. Meryl Siegal
Reforest Berkeley

51. Glenn Alex

52. Ruby Lee

53. Mike Vandeman
Shellmound

54. Sophia DeWitt, on behalf of East Bay Housing Organizations Fukushima

55. Richard Tamm

56. Francine Cavaliere

57. Dawn DelMonte (2)

58. Sally Nelson

59. Bjorn Fox

60. Nori Hudson

61. Jose Arau

62. Juli Dickey

63. Jose Franklin Arau
3050 College Avenue

64. Janet Miller (2)
Help Shape the Library’s Strategic Plan

65. Aimee Reeder
Lawrence Hall Neighborhood Issues

66. Emily Starr
Berkeley’s Business Districts

67. Jack Kurzweil

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Communications
Tuesday, September 12, 2023 AGENDA Page 16
Racial Injustices

68. Aimee Baldwin
Public Works Transportation Division

69. Hamid Mostowfi, Transportation and Infrastructure Commission Co-Secretary Bio Labs

70. Steve Shmanske

71. Sandina Robbins
People’s Park

72. Tobey Wiebe

73. Rod Gutierrez
Here/There Now Fence

74. Mike Kim

75. Nicole Sullivan
Berkeley Police Department Investigation

76. Diana Bohn

77. Mary Behm-Steinberg

78. Janie Schroeder (2)

79. Tobey Wiebe

80. Nathan Mizell
Fire Danger

81. Susan Nunes

82. Councilmember Hahn
Cell Antennas

83. Stephanie Thomas

84. Constance Anderson

85. Phoebe Thomas Sorgen
Encampment at 8th & Harrison

86. Yesica Prado (3)

87. Peter Radu, Neighborhood Services, City Manager’s Office Appoint Police Chief Louis

88. Marvin Snow
Secondhand Smoke

89. Carol Denney

90. Rebecca Day-Rodriguez, on behalf of Health, Housing & Community Services Mortgage Relief Program

91. Carole Marasovic

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Communications
Tuesday, September 12, 2023 AGENDA Page 17
Rental Inspection Program Proposal

92. Christopher La Combe
Virginia/Oxford Intersection

93. Theo Posselt
Fire Inspection Bill

94. Jane Kitchel
Youth Representation on the Environmental and Climate Commission

95. Kristen Anderson
Roots Near Sidewalk and Curb

96. Barry Horwitz
New City Manager

97. Carol Denney
Battery Recycling

98. David Lerman
Conflict of Interest/Trying to Find Children

99. Lavell Young
Golden Gate Horse Racing
100. Jim Renella
Homelessness
101. Eric Friedman
102. Aimee Baldwin
Cub Scout Requirement
103. Jason Hertenstein
Ohlone Greenway
104. Howard Goldberg (2)
105. Cindi Goldberg
106. Lisa Chow
107. Mary Behm-Steinberg
108. Eric Cheng
New Apartments and Business’
109. Steven Schuyler

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Communications
Tuesday, September 12, 2023 AGENDA Page 18
Star Alliance
110. Peter Bruce DuMont (2)

Oakland International Airport Public Review
111. Port of Oakland

Fire Ready Fest
112. Berkeley Fire Department (2)

#DiscoveredinBerkeley – Squishy Robots
113. Liz Redman, on behalf of the Office of Economic Development

Current State of the City of Berkeley
114. Assal Sharifi

Jr. Jackets Football Support
115. Eric Friedman

Request for Action – Police Budget, Building Heights, etcetera’s 116. Dan.auten@

URL’s Only
117. Vivian Warkentin (8)
118. [email protected]

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

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

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

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

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

RECESS ITEM

CONSENT CALENDAR
September 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Sharon Friedrichsen, Budget Manager
Subject: Contract: Downtown Berkeley YMCA for Fitness Center Memberships for City Employees

RECOMMENDATION
Adopt a Resolution ratifying the action taken by the City Manager during recess to execute a contract and any amendments with the Downtown Berkeley YMCA in the amount of $130,176 for fitness center memberships for City employees for the period July 1, 2023 through June 30, 2024.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS This is an annual contract with Berkeley YMCA for fitness memberships for City employees as part of the City’s labor contracts and is usually executed at the beginning of a new fiscal year. Waiting to execute the agreement until after the Council recess will delay the contract by three months, which means that the YMCA would not receive the City’s contribution toward the cost of membership until late September or early October.

FISCAL IMPACTS OF RECOMMENDATION
The cost of the FY2024 contract is budgeted at $130,176, which represents the City’s monthly cost of membership ($48) for 226 members for 12 months. The FY 2024 contract represents an increase of $20,736 from the FY 2023 contract. The increase is due to the number of memberships increasing from 190 members to 226 members.

Although the contract cost of $130,176 for FY 2024 is based on 226 memberships, this amount is a flat fee for the duration of the fiscal year regardless of whether memberships increase or decrease during the fiscal year. The FY 2024 Budget includes funding for this contract in fringe benefit accounts in department budgets that is collected and paid out from the Payroll Deduction Trust Fund (Fund 013). The General Fund will cover approximately $63,667 of the contract cost and the remaining $66,509 will be covered by other funds.

CURRENT SITUATION AND ITS EFFECTS
The current agreement began on July 1, 2022 and ends on June 30, 2023. A new contract is needed for FY 2024, which will continue the memberships for City employees at a low cost.

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Contract: Downtown Berkeley YMCA for Fitness Center Memberships for City Employees RECESS ITEM

CONSENT CALENDAR
September 12, 2023

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BACKGROUND
Since 1989, the City has had an agreement with the YMCA to provide low cost fitness memberships for City employees and officials.

The City’s labor contracts require the City to pay 75% of the total membership cost and employees pay the remaining 25% of the cost. Beginning on July 1, 2022, the full membership cost was $64 per month, which meant the City’s share was $48 per month and the employee’s share was $16 per month. For FY 2024, the membership cost will remain at $64 per month.

This benefit is included in all of the collective bargaining agreements and would terminate at the same time as the longest union contract containing the benefit. The City would need to hold meet and confer sessions with the unions if it wishes to eliminate this benefit.

The Downtown Berkeley YMCA contract is a Strategic Plan Priority, advancing our goal to attract and retain a talented and diverse City government workforce.

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

RATIONALE FOR RECOMMENDATION
City contracts for personal services over $50,000 require authorization from the City Council before the City Manager can execute the contract. Moreover, executing the agreement with the YMCA complies with the adopted collective bargaining agreements.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Sharon Friedrichsen, Budget Manager, 981-7000
Aram Kouyoumdjian, Director of Human Resources, 981-6800 Attachments:
1: Resolution

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

CONTRACT: DOWNTOWN BERKELEY YMCA FOR LOW COST FITNESS CENTER

MEMBERSHIPS FOR CITY EMPLOYEES
WHEREAS, the City has had an agreement with the Downtown Berkeley YMCA to provide low cost fitness memberships for City employees and legislative assistants; and WHEREAS, the City’s labor contracts require the City to pay 75 percent of the total membership cost; and
WHEREAS, the current agreement began on July 1, 2022 and ends on June 30, 2023 and a new contract is proposed for FY 2024; and
WHEREAS, the FY 2024 Budget includes funding for this contract in fringe benefit accounts in department budgets that is collected and paid out from the Payroll Deduction Trust Fund (Fund 013).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager to execute a contract and any amendments with the Downtown Berkeley YMCA for low cost fitness center memberships for City of Berkeley employees and legislative assistants for the period July 1, 2023 to June 30, 2024 in the amount not to exceed $130,176. 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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Office of the City Manager

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RECESS ITEM

CONSENT CALENDAR
September 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director, Parks Recreation & Waterfront Subject: Contract No. 32200058 Amendment: ACI Payments, Inc for Recreation Online Registration System Credit Card Transaction Processing Fees

RECOMMENDATION
Adopt a Resolution ratifying the action taken by the City Manager to execute an amendment to Contract No. 32200058 with ACI Payments, Inc (ACI) increasing the contract amount by $35,000 for a total not to exceed amount of $185,000.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS The increased contract authority is needed to pay approximately $35,000 of outstanding FY2022 ACI invoices. ACI will stop processing credit card payments to the City if the City does not pay these outstanding invoices.

FISCAL IMPACTS OF RECOMMENDATION
Funding in the amount of $35,000 will come from Recreation program registration, facility reservation fees, and the permit center.

For Recreation program registration and reservation fees $28,500 is available in the FY2024 General Fund (Fund 011) budget.

Funds for permit center fees $6,500 is available in the FY2024 Permit Service Center (Fund 621) budget.

CURRENT SITUATION AND ITS EFFECTS
The City has an existing contract with ACI Payments, Inc (contract no. 32200058) to process credit card transactions. In 2019, the contract with ACI was amended to include online recreation registration credit card transaction processing services for the Recreation Division for a fee of 2.5% per transaction Resolution 68,770-N.S. The contract authority must be increased by $35,000 in order to cover the latest round of processing fees incurred in FY2022 for this summer’s registrations.

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Contract No.322200058 Amendment: ACI Payments, Inc. Consent Calendar September 12, 2023

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BACKGROUND
The City's Recreation Division manages facility reservations, program scheduling, activity registrations, scholarships, contract instructors, coaches, teams, leagues, equipment, supplies, inventory, staff scheduling, marketing, advertising and payment for all of the aforementioned programs. In the past, these functions were performed using a combination of manual and automated systems, including BlueRec, a hosted recreation software solution, EZCamp2, an off-the-shelf camp registration software; and ERMA, the City's financial database.

On December 21, 2018, the City entered into a new contract (no. 31900042) with CivicPlus, Inc. for an improved recreation registration system based upon a business analysis completed by the Department of Parks, Recreation and Waterfront in partnership with the Department of Information Technology. This new system required integration with a third-party payment processor to process online credit card transactions. The City had an existing contract with ACI Payments, Inc (contract no. 32200058) to process credit card transactions. On February 26, 2019, the ACI contract was amended to include credit card transaction processing services for the Recreation Division for a fee of 2.5% per transaction Resolution 68,770-N.S. This fee was less than what the Recreation Division had been paying through other processors.

The ACI contract amendment was for an amount not to exceed $150,000, for the period of March 1, 2019 through February 28, 2022, with an option to extend for up to two additional years. In June 2021, the contract was extended to September 1, 2022 and in August 2022, the contract was extended to September 1, 2023.

ENVIRONMENTAL SUSTAINABILITY
An improved Recreation Division online registration system with greater efficiency and lower credit card processing fees provides community members and City staff a more effective and responsive interface with better customer service, saving both time and resources. The lower credit card transaction fee will encourage citizens to sign-up for classes online thus reducing the use of paper and transportation.

RATIONALE FOR RECOMMENDATION
Staff recommend amending the ACI Payments, Inc. contract so that payment processing services are not interrupted.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director, Parks Recreation and Waterfront, (510) 981-6711 Attachment:
1: Resolution

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

AMENDMENT TO CONTRACT NO. 32200058 WITH ACI PAYMENTS, INC FOR

RECREATION ONLINE REGISTRATION SYSTEM CREDIT CARD TRANSACTION

PROCESSING FEES
WHEREAS, the City of Berkeley desired to procure a payment processor corporation to process online credit card transactions for registration for camps, recreational programs and reservations for facilities at various locations; and WHEREAS, on December 21, 2018, the City of Berkeley entered into a new contract with CivicPlus,Inc. for online recreation registration services, requiring integration with a third-party credit card transaction payment processor; and WHEREAS, the City had an existing contract with ACI Payments, Inc (ACI) to process credit card transactions for all City systems for a fee of 2.5%, which is lower than other vendors; and
WHEREAS, contract No. 32200058 with ACI was amended for credit card payment processing and related services, for an amount not to exceed $150,000 for the period beginning March 1, 2019 to February 28,2022, with an option to extend for up to two (2) additional years by Resolution 68,770-N.S; and
WHEREAS, on June 8, 2021, the contract was extended to September 1, 2022; and on August 15, 2022, the contract was extended to September 1, 2023; and WHEREAS, funding in the amount of $35,000 for this contract amendment is available in the FY 2024 budget in the General Fund (Fund 011) and the Permit Services Center Fund (Fund 621).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager to execute a contract amendment to Contract 32200058 with ACI Payments, Inc increasing the contract amount by $35,000 for a total amended not to exceed amount of $185,000. A record signature copy of any amendments to be on file in the Office of the City Clerk.

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RECESS ITEM

CONSENT CALENDAR
September 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Scott Ferris, Director of Parks, Recreation & Waterfront Subject: Stipend for Echo Lake Camp Staff

RECOMMENDATION
Adopt a Resolution approving up to a $500/week stipend for certain Echo Lake Camp daily-rated staff working in the summer of 2023, starting July 30, 2023.

FISCAL IMPACTS OF RECOMMENDATION
The proposed stipends of up to $500/week are estimated to cost the Camps Fund $29,500, (see Table 1). Funding for this is available in the Camps Fund reserve (Fund 125) and will be included in the FY24 second annual appropriations ordinance.

Week # Daily-Rated Staff Stipend Total
Week of July 30th 30 $500 $15,000
Week of August 6th 16 $500 $8,000
Week of August 13th 13 $500 $6,500
$29,500

CURRENT SITUATION AND ITS EFFECTS
Starting in late July 2023, the City began experiencing critical staffing shortages at Echo Lake Youth Camp. These shortages were due to a combination of personnel issues related to a staff of largely first-time camp employees that were less familiar with the challenges and demands of camp. Typically, it takes between 40 and 50 daily-rated camp staff to operate a full Echo Lake Youth Camp. By late July, these employee numbers fell to 30.

To ensure the continued safe and appropriate supervision of camp, the City had to bring additional Recreation staff to Camp. These staff were hourly, rather than daily-rated.

Typically, camp staff daily-rated employees work 6 days per week, between 4 and 12 hours a day. Their daily rate includes compensation for food, lodging, and wages. When hourly staff are working at camp, they are paid for overtime that daily rated employees do not receive. The average gap between hourly and daily rated employees over this period was approximately $500/week because as staff numbers reduced, remaining

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Stipend for Echo Lake Camp Staff RECESS ITEM

CONSENT CALENDAR
September 12, 2023

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staff needed to work longer hours. To compensate for this imbalance, staff proposes paying up to a $500/week stipend to the daily-rated staff who worked during this three- week period as Camp Staff Members, Camp Staff Leaders and Camp Staff Supervisors.

This practice is not standard and for instance, did not occur at Tuolumne Camp this summer. Staff will make the needed changes in recruitment and training to ensure that this does not happen again.

BACKGROUND
The City operates Tuolumne Camp and Echo Lake Camp by using daily-rated employees in multiple classifications. Typically, the City hires over 100 daily-rated employees each summer to staff both camps.

These employees are funded out of the Camps Fund, a self-supporting fund with revenues from camp fees expected to cover Tuolumne, Echo Lake, Cazadero and Berkeley Day Camp costs.

Pursuant to California Labor Code Section 1182.4 and State of California Wage Order MW-2023, California law provides organized camps special labor rules allowing wages of camp staffers for each day worked rather than by the hour. Under those same laws, the City may claim a state wage credit for the value of the meals and lodging provided for each staff member to calculate the Current Wage Range (Daily Rate).

Because Tuolumne Camp and Echo Lake Camp are both located outside of the City of Berkeley, wages are determined by following State of California regulations, including the State of California Wage Order, which is updated periodically. The City of Berkeley periodically updates their Salary Schedule to reflect any minimum wage updates (Last updated 2019, Resolution No. 69,078-N.S).

In February 2023, Council approved wage increases to daily-rated camp staff classifications, (Resolution No. 70,703-N.S.).

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

RATIONALE FOR RECOMMENDATION
These up to $500/week stipends are needed to correct the imbalance in compensation between daily-rated and hourly staff working at Echo Lake Camp in the summer of 2023 starting July 30, 2023.

ALTERNATIVE ACTIONS CONSIDERED
None

CONTACT PERSON
Scott Ferris, Director of Parks, Recreation & Waterfront (510) 981-6711 Christina Erickson, Deputy Director of Parks, Recreation & Waterfront (510) 981-6703

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Stipend for Echo Lake Camp Staff RECESS ITEM

CONSENT CALENDAR
September 12, 2023

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Attachments:

1. Resolution

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Stipend for Echo Lake Camp Staff RECESS ITEM

CONSENT CALENDAR
September 12, 2023

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ATTACHMENT 1
RESOLUTION NO. xx-xxx - N.S.

AUTHORIZING STIPENDS FOR CERTAIN ECHO LAKE CAMP DAILY-RATED STAFF WORKING IN THE SUMMER OF 2023 STARTING JULY 30, 2023
WHEREAS, The City operates Tuolumne Camp and Echo Lake Camp by hiring daily- rated employees in multiple classifications, and typically, the City hires over 100 daily- rated employees each summer to staff both camps; and
WHEREAS, starting in late July 2023, the City began experiencing critical staffing shortages at Echo Lake Camp, and because as staff numbers reduced, remaining staff needed to work longer hours; and
WHEREAS, to ensure the continued safe and appropriate supervision of camp, the City brought in additional hourly Recreation staff, whose compensation was on average $500/week higher than daily-rated Camp staff; and
WHEREAS, to compensate for this imbalance, an up to $500/week stipend is proposed for the daily-rated staff (Camp Staff Members, Camp Staff Leaders and Camp Staff Supervisors) at Echo Lake Camp starting July 30, 2023.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to issue stipends of up to $500/week to the Camp Staff Members, Camp Staff Leaders and Camp Staff Supervisors working at Echo Lake Camp in the summer of 2023, starting July 30, 2023.

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RECESS ITEM

CONSENT CALENDAR
September 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Jennifer Louis, Chief, Police Department
Subject: Contract No. 100692-4 Amendment: Serological Research Institute for DNA Testing Services

RECOMMENDATION
Adopt a Resolution ratifying the action taken by the City Manager during recess to amend Contract No. 100692-4 and any necessary future amendments with Serological Research Institute (SERI) for the Police Department, increasing the contract amount by $1,000,000 for a total not to exceed amount of $3,000,000 while the contract expiration will remain June 30, 2025.

NEGATIVE EFFECT IF ACTION IS DELAYED UNTIL AFTER COUNCIL RECESS The Police Department utilizes this contractor to test DNA evidence involved in crimes against the community. Without this contract, the Police Department would not be able to have critical DNA evidence processed in an expeditious manner to support the arrest and charging of suspects in various violent criminal cases.

FISCAL IMPACTS OF RECOMMENDATION
Approval supports an ongoing operational expense required for solving criminal cases in a timely manner. The funding for this contract is allocated from the State Proposition 172 Fund and does not impact the General Fund.

CURRENT SITUATION AND ITS EFFECTS
The Berkeley Police Department (BPD) currently contracts with the Serological Research Institute (SERI) for its forensic deoxyribonucleic acid (DNA) testing services.

On January 31, 2023, the BPD received unanimous Council approval for a $500,000 amendment to this contract and that additional allocation has been nearly exhausted. In order to support additional casework, the Department will need approval of an additional $1,000,000 to the existing contract limits set when this contract was amended in January of 2023. This dollar increase will allow the Department to continue to test DNA for criminal investigations. This enables the potential identification of a suspect based on DNA found at a crime scene and may result in the suspect being arrested and charged faster.

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Contract No. 100692-4 Amendment: Serological Research Institute for DNA Testing Services Consent CALENDAR September 12, 2023

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Due to the unpredictable nature of the contract usage, the BPD has expended nearly $500,000 since the January 2023 amendment and has less than $5,000 remaining of the $2,000,000 contract. It can be difficult to estimate the dollar amount required annually as it can change significantly from year to year based on the DNA collected and volume required to be tested. One unanticipated impact to this contract was when the Alameda County Crime Lab was enlisted to test 60 of the cold-case sexual assault grant related evidence. The County Lab was only able to process 5 of the 60 cases submitted to them and returned the 55 remaining cases back to the Berkeley Police Department untested. Those 55 cases have been submitted to SERI and approximately $126,000 of the contract usage is related to these cold-case tests. The Berkeley Police Department has submitted the related cold-case testing charges to the California Department of Justice for reimbursement but it still results in a reduction of available contract funding for the SERI contract. In order to continue processing DNA evidence to substantiate charges against suspects, the BPD is requesting this contract amendment of an additional $1,000,000 and a contract total not to exceed $3,000,000.

This essential contract supports our goal to create a resilient, safe, connected, and prepared city and BPD considers it as a Strategic Plan Priority Project.

BACKGROUND
In 2014, the Department entered into a service contract with SERI to obtain their forensic DNA services. SERI was added when two other providers, the Alameda County Sheriff’s Crime Laboratory and Forensic Analytical Sciences, Inc. were unable to keep up with increased caseload from the Berkeley Police Department. SERI is accredited through the American Society of Crime Laboratories Directors/Laboratory Accreditation Board. SERI is located in Richmond, CA and provides state of the art forensic services, laboratory analysis and expert testimony for its clients.

While maintaining compliance with the Federal Bureau of Investigations, Quality Assurance Standards for Forensic DNA Testing, SERI has consistently provided the fastest case turnaround times of our three contracted vendors. SERI has helped minimize DNA testing backlogs the department was experiencing with other vendors.

Fast DNA testing turnaround times help the department identify serious violent offenders and helps solve criminal cases faster. SERI was originally intended to be an additional DNA Laboratory. However, due to the high level of service provided, they have become our primary provider. During this time, the investigative demand for their services has increased based on several factors including improved DNA recovery techniques and new legislative requirements.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Serological Research Institute provides and maintains an extensive online test request submission and product ordering options. These online forms reduce the amount of paper required to forward and process requests.

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Contract No. 100692-4 Amendment: Serological Research Institute for DNA Testing Services Consent CALENDAR September 12, 2023

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RATIONALE FOR RECOMMENDATION
The cost associated with DNA testing services is an operational expense for which the Berkeley Police Department is currently responsible. In an effort to solve criminal cases as fast as practical and potentially limit further victimization, the BPD continues to utilize these services. An amendment to increase funds for this contract will allow the Department to continue to meet the DNA testing requirements of its investigations.

ALTERNATIVE ACTIONS CONSIDERED
Stop the use of this contract and allow DNA testing to be submitted to the county crime laboratory which has extensive testing backlogs and limited availability to accept additional casework. This option would result in violent criminal cases to remain unsolved and unprosecuted.

CONTACT PERSON
Jennifer Louis, Chief of Police, 510-981-5700
Attachment:
1: Resolution

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

CONTRACT NO. 100692-4 AMENDMENT: SEROLOGICAL RESEARCH INSTITUTE

FOR DNA TESTING SERVICES
WHEREAS, the Berkeley Police Department is responsible for the investigation of criminal cases in Berkeley; and
WHEREAS, closure of criminal investigations will bring relief to the families of the victims and reduce fear in the community; and
WHEREAS, the use of forensic deoxyribonucleic acid (DNA) testing is essential to solving violent crimes; and
WHEREAS, the Department primarily enlists the services of Serological Research Institute for the timely processing of DNA testing; and WHEREAS, it is essential to have an accredited laboratory in order to ensure the consistent processing of DNA evidence; and
WHEREAS, the Berkeley Police Department has identified DNA testing services as an operational expense for which the Department is responsible and funds from the State Proposition 172 Fund will be the primary source of funding.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council ratifies the action taken by the City Manager to amend Contract No. 100692-4 and any necessary future amendments with Serological Research Institute (SERI) for the Police Department, increasing the contract amount by $1,000,000 for a total not to exceed amount of $3,000,000 while the contract expiration will remain June 30, 2025.

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CONSENT CALENDAR
September 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Mark Numainville, City Clerk
Subject: Minutes for Approval

RECOMMENDATION
Approve the minutes for the Council meetings of July 10 (special closed), July 11 (regular), July 18 (special), July 24 (special closed and special) and July 25 (special and regular).

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

1. July 10, 2023 – Special Closed Council Meeting

2. July 11, 2023 – Regular Council Meeting

3. July 18, 2023 – Special Council Meeting

4. July 24, 2023 – Special Closed Council Meeting

5. July 24, 2023 – Special Council Meeting

6. July 25, 2023 – Special Council Meeting

7. July 25, 2023 – Regular Council Meeting

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Monday, July 10, 2023 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
MONDAY, JULY 10, 2023
4:30 P.M.

REDWOOD ROOM – 2180 MILVIA STREET, BERKELEY, CA 94704
TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

For in-person attendees, face coverings or masks that cover both the nose and the mouth are encouraged.

If you are feeling sick, please do not attend the meeting in person.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1618149511. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1- 833-568-8864 (Toll Free) and enter Meeting ID: 161 814 9511. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in- person attendees and those participating by teleconference or videoconference.

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Attachment 1

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Monday, July 10, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 4:59 p.m.

Present: Taplin, Harrison, Wengraf, Robinson, Arreguín

Absent: Kesarwani, Bartlett, Hahn, Humbert
Public Comment – Limited to items on this agenda only – 0 speakers.

CLOSED SESSION:

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

1. CONFERENCE WITH LEGAL COUNSEL – PENDING LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a) and 54956.9(d)(1)
a. Smith v. City of Berkeley, Alameda County Superior Court Case No. 22CV012424 OPEN SESSION:

The City Council met in closed session to discuss the matter of Smith v. City of Berkeley, Alameda County Superior Court Case No. 22CV012424, and approved a settlement of that matter in the amount of $240,000 in exchange for a release of all claims against the City.

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

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

Adjourned at 5:03 p.m.

This is to certify that the foregoing is a true and correct record of the closed session meeting on July 10, 2023.
_____________________________
Sarah Bunting, Assistant City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
 None

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Tuesday, July 11, 2023 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, July 11, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708 TELECONFERENCE LOCATION - 18315 RAY’S ROAD, CABIN 5, PHILO, CA 95466

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. For in- person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1607533030. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 753 3030. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

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

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

Attachment 2

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Tuesday, July 11, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:17 p.m.

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

Absent: Bartlett
Councilmember Bartlett present at 6:21 p.m.

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

Report from Closed Session
The City Council met in closed session on July 10, 2023, pursuant to Government Code Sections 54956.9(a) and 54956.9(d)(1) and approved a settlement in the matter of Smith v. City of Berkeley, Alameda County Superior Court Case No. 22CV012424, in the amount of $240,000 in exchange for a release of all claims against the City.

Ceremonial Matters:

1. Adjourned in memory of Alan Goldfarb, former Berkeley City Councilmember City Manager Comments: None
Public Comment on Non-Agenda Matters: 9 speakers.

Consent Calendar
Public Comment on Consent Calendar and Information Items Only: 49 speakers.

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

Vote: All Ayes.

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Consent Calendar
Tuesday, July 11, 2023 MINUTES Page 3

1. FY 2024 Tax Rate: Fund Fire Protection and Emergency Response and Preparedness (Measure GG)
From: City Manager, City Manager
Recommendation: Adopt second reading of Ordinance No. 7,877-N.S. setting the FY 2024 tax rate for funding Fire Protection and Emergency Response and Preparedness in the City of Berkeley at the rate of $0.06062 (6.062 cents) per square foot of improvements for dwelling units and setting the rate for all other property at $0.09173 (9.173 cents) per square foot of improvements.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, David Sprague, Fire, (510) 981- 3473
Action: Adopted second reading of Ordinance No. 7,877–N.S.

2. FY 2024 Special Tax Rate: Fund the Provision of Library Services From: City Manager, City Manager
Recommendation: Adopt second reading of Ordinance No. 7,878-N.S. setting the FY 2024 tax rate for funding the provision of Library Services in the City of Berkeley at $0.2698 (26.98 cents) per square foot for dwelling units and $0.4080 (40.80 cents) per square foot for industrial, commercial, and institutional buildings.

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Henry Oyekanmi, Finance, (510) 981-7300, Tess Mayer, Library, (510) 981- 6100
Action: Adopted second reading of Ordinance No. 7,878–N.S.

3. FY 2024 Annual Appropriations Ordinance
From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,879-N.S. adopting the FY 2024 Annual Appropriations Ordinance (AAO) in the amount of $728,631,293 (gross appropriations) and $621,229,929 (net appropriations).

First Reading Vote: All Ayes.

Financial Implications: See report
Contact: Sharon Friedrichsen, Budget Manager, (510) 981-7000 Action: Adopted second reading of Ordinance No. 7,879–N.S.

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Consent Calendar
Tuesday, July 11, 2023 MINUTES Page 4

4. Adopting a temporary exemption from the collection of taxes under BMC Chapter 9.04.136(D): Tax Rate for Non-Medical and Medical Cannabis Businesses
From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Humbert (Co- Sponsor)
Recommendation: Adopt second reading of Ordinance No. 7,880-N.S. adopting a temporary exemption (per 9.04.136(D)) on the collection of the taxes for all non- medical and medical cannabis businesses, retroactive to January 2023 and ending July 2025; Waive any late penalties that may have accrued since January 2023; any and all tax payments already made to the City for Q1 2023 will apply as a credit against a future tax or fee payment to the City.

First Reding Vote: All Ayes.

Financial Implications: Loss of tax revenue
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Adopted second reading of Ordinance No. 7,880–N.S.

5. Encampment Resolution Funding Grant Award
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to receive a $4,931,058 Encampment Resolution Funding Round 2 grant award from the State of California, and to enter into contract and all necessary amendments with the State of California resulting from this funding.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,940–N.S.

6. Urgency Ordinance for Leasing the Real Property at 1619 University Avenue From: City Manager
Recommendation: Adopt an Urgency Ordinance to enter into a lease for the real property located at 1619 University Avenue, Berkeley for a term of 60 months.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted urgency Ordinance No. 7,881–N.S.

7. Contract: Insight Housing (formerly Berkeley Food and Housing Project) to operate interim housing at the Super 8
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and all necessary amendments with Berkeley Food and Housing Project to operate an interim housing program at the Super 8 Motel (1619 University Ave.) in an amount not to exceed $7,295,635 for the period of August 1, 2023 to July 31, 2028
Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,941–N.S.

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Consent Calendar
Tuesday, July 11, 2023 MINUTES Page 5

8. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on July 11, 2023
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $482,500
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

9. Contract: Strategic Economics and Street Level Advisors for Affordable Housing Requirements Economic Feasibility Analysis
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract and any amendments with Strategic Economics as a Contractor and Street Level Advisors as a subcontractor, to conduct an Economic Feasibility Analysis of the Affordable Housing Requirements for the Department of Health, Housing, and Community Services (HHCS) from July 15, 2023 to July 15, 2024 in an amount not to exceed $150,000.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,942–N.S.

10. Contract No. 32300134 Amendment: Bonita House for Specialized Care Unit Provider
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to amend Contract No. 32300134 with Bonita House to add $68,000 of Mental Health Services Act (MHSA) funding for the Specialized Care Unit for a not- to-exceed total of $4,568,000.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,943–N.S.

11. Contract No. 321001100 Amendment: JotForm, Inc. for a HIPAA Compliant Platform to Support Clinical Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32100110 and any subsequent amendments or extensions with the JotForm, Inc. by adding $53,424, bringing the contract total to an amount not to exceed $109,218 and extending the end date through May 12, 2026.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,944–N.S.

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Consent Calendar
Tuesday, July 11, 2023 MINUTES Page 6

12. California Department of Housing and Community Development (HCD) Prohousing Designation Program Application
From: City Manager
Recommendation: Adopt a Resolution authorizing the City of Berkeley’s application to and participation in the California Department of Housing and Community Development (HCD) Prohousing Designation Program.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,945–N.S.

13. Contract No. 32000226 Amendment: MidAmerica Administrative & Retirement Solutions, Third Party Administrator for SRIP I Disability, and Health Reimbursement Accounts for Retiree Health Premium Assistance Plan Reimbursements, and Police Employees Retiree Income Plan From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment to Contract No. 32000226 with MidAmerica Administrative & Retirement Solutions for administration of the SRIP I Disability, Retiree Health Premium Assistance Plan (RHPAP) Health Reimbursement Account (HRA), and Police Employees Retiree Income Plans (PERIP) for the period covering January 1, 2021 through December 31, 2025, for a total cost not to exceed $233,736.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,946–N.S.

14. Contract No. 32300158 Amendment: AppleOne Employment Services for Temporary Staffing Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300158 with AppleOne Employment Services for temporary staffing services, to cover the period February 1, 2023 to June 30, 2025, for a total cost not to exceed $750,000.

Financial Implications: Various Funds - $750,000
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,947–N.S.

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Consent Calendar
Tuesday, July 11, 2023 MINUTES Page 7

15. Revisions to the Unrepresented Employee Manual
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute changes to the Unrepresented Employee Manual that (1) effectuates merit raises for employees on salary ranges on their anniversary date in their current classification; (2) aligns vacation accrual, longevity pay rates, vacation sell-back policies, and a certification differential for the Fire Chief, the Police Chief, and their deputies with the corresponding provisions of the Memoranda of Understanding with the Berkeley Fire Fighters Association and the Berkeley Police Association; and (3) includes Accounting Office Specialists III among the classifications that qualify for the City Manager Department Differential.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,948–N.S.

16. Supplemental Military Leave Compensation Policy
From: City Manager
Recommendation: Adopt a Resolution extending Resolution No. 63,646-N.S. to offer the City’s supplemental military leave compensation benefit retroactively from June 1, 2019 to June 30, 2025 to provide additional wages to supplement an employee’s military pay and allowances for a period not to exceed two (2) years that must be taken within 36 months of the leave request for employees called up to involuntary active military service. To receive the retroactive payment the employee must have been employed with the City of Berkeley at the time of active duty and remained employed with the City of Berkeley at the time of payment.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,949–N.S.

17. Accepting grant funds from the Alameda County Transportation Commission for the Berkeley Pier Water Transportation / Ferry Project From: City Manager
Recommendation: Adopt a Resolution accepting the Alameda County Transportation Commission grant allocation for the Berkeley Pier Water Transportation/ Ferry Project in the amount of $5,138,685, confirming the City’s commitment to the Alameda County Transportation Commission grant requirements, and authorizing the City Manager to execute the associated grant agreement and amendments.

Financial Implications: Grant Revenue - $5,138,685
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,950–N.S.

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Consent Calendar
Tuesday, July 11, 2023 MINUTES Page 8

18. Contract No. 32000188 Amendment: GSI Environmental Inc. for On-Call Environmental Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000188 with GSI Environmental Inc. for on-call environmental consulting services to increase the contract amount by $75,000 for a new not to exceed amount of $225,000 and extend the contract term from December 20, 2023 to June 30, 2025.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,951–N.S.

19. Contract No. 32300022 Amendment: Public Safety Family Counseling Group Inc. for Additional Critical Incident Stress Management (CISM), Education and Counseling Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300022 with Public Safety Family Counseling Group Inc. to provide additional CISM Peer Support Team support, education and counselling services, for a total amount not to exceed $150,000 for a total contract amount not to exceed $200,000, and extending the term through June 30, 2026.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Adopted Resolution No. 70,952–N.S.

20. Conduct a Study on the City’s History of Discriminatory Actions in Housing Policies/Programs
From: Housing Advisory Commission
Recommendation: Conduct a study that is comprehensive of the following actions: - Document the city of Berkeley’s past discriminatory actions in housing policies and programs that adversely impacted the Black community and its ability to remain and grow in the city, build inter-generational wealth, and fully realize the benefits of homeownership; -Inform future housing policy and program development and implementation to address these historic discriminatory practices; and -Provide data and information about historic discriminatory housing policies and programs in support of the city’s on-going reparations work. -Select community organization(s) as partners in the study to ensure a comprehensive community engagement process that documents lived experiences and local history so that lessons learned from those experiences can inform future housing policies and programs.

Financial Implications: See report
Contact: Mike Uberti, Commission Secretary, (510) 981-7400 Action: Approved recommendation and referred to the budget process (Annual Appropriations Ordinance No. 1) to identify funding for the cost of the study.

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Council Consent Items
Tuesday, July 11, 2023 MINUTES Page 9

21. Berkeley Housing Authority Board of Commissioners Re-Appointments From: Mayor Arreguin (Author)
Recommendation: Adopt a Resolution re-appointing Alexandria Thomas-Rodriguez, Max Levine and Ali Kashani to the Berkeley Housing Authority Board of Commissioners.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,953–N.S.

22. Support Rooftop Solar and Battery Storage for Multifamily Housing and Schools
From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution in support of viable Virtual Net Energy Metering (VNEM) and Net Energy Metering Aggregation (NEM-A) tariffs. Submit a copy of the Resolution to Governor Gavin Newsom, State Senator Nancy Skinner, Assemblymember Buffy Wicks, and members of the California Public Utilities Commission Board (CPUC).

Financial Implications: Staff time
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Councilmember Harrison added as a co-sponsor. Adopted Resolution No. 70,954–N.S.

23. Relinquishment of Council Office Budget Funds for Chavez/Huerta Tribute Site From: Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of up to $5,000 from Mayor Arreguín, and any other Councilmembers, to the Kala Art Institute, the fiscal sponsor for the Chavez/Huerta Tribute Site, with funds relinquished from the City’s General Fund for the purpose of hiring of grounds keepers and providing the resources needed for the maintenance of the Chavez/Huerta Tribute Site, from the discretionary Council Office Budgets of Mayor Arreguín and any other Councilmembers who would like to contribute.

Financial Implications: $5,000 – Mayor’s Discretionary Fund Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Adopted Resolution No. 70,955–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Mayor Arreguin - $5,000; Councilmember Wengraf - $250; Councilmember Humbert - $250; Councilmember Bartlett - $250; Councilmember Robinson - $150; Councilmember Taplin - $250; Councilmember Hahn - $200; Councilmember Kesarwani - $100.

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Council Consent Items
Tuesday, July 11, 2023 MINUTES Page 10

24. Excused Absence for Vice Mayor Ben Bartlett
From: Mayor Arreguin (Author)
Recommendation: Excuse Vice Mayor Ben Bartlett from the June 6, 2023 Council meeting as a result of an illness of a close family member who needed immediate care.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Approved recommendation.

25. Berkeley Humane: Bark (& Meow) Around the Block: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds From: Councilmember Taplin (Author), Councilmember Hahn (Co-Sponsor), Councilmember Humbert (Co-Sponsor)
Recommendation: Adopt a Resolution approving the expenditure of council office budget funds, including $500 from Councilmember Taplin, to support the Bark (& Meow) Around the Block adoption event hosted by Berkeley Humane, with funds relinquished to the City’s general fund.

Financial Implications: $500 – Councilmember’s Discretionary Fund Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Councilmember Bartlett added as a co-sponsor. Adopted Resolution No. 70,956–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Wengraf - $250; Councilmember Humbert - $250; Councilmember Bartlett - $200; Councilmember Robinson - $150; Councilmember Hahn - $250; Councilmember Harrison - $250.

26. Berkeley High School All Class Reunion: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds From: Councilmember Taplin (Author), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a Resolution approving the expenditure of council office budget funds, including $500 from Councilmember Taplin, to support the Berkeley High School All Class Reunion Committee (BHS ACRC) by way of its fiscal sponsor, the Berkeley Public Schools Fund, with funds relinquished to the City’s general fund.

Financial Implications: $500 – Councilmember’s Discretionary Fund Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Adopted Resolution No. 70,957–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Councilmember Robinson - $150; Councilmember Hahn - $500.

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Council Consent Items
Tuesday, July 11, 2023 MINUTES Page 11

27. Resolution for unionized employees of REI
From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Harrison (Co-Sponsor) Councilmember Kesarwani (Co- Sponsor)
Recommendation: Adopt a Resolution of Support for the unionized employees of Recreational Equipment, Inc. (REI) in Berkeley, California that instructs REI to live up to its values, by ceasing to withhold the 2022 “Summit Pay”, and bargain in good faith.

Financial Implications: None
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Adopted Resolution No. 70,958–N.S.

28. Relinquishment of Council Office Budget Funds and Co-Sponsorship of the César Chávez Dolores Huerta Tribute Site Curriculum Project From: Councilmember Harrison (Author), Mayor Arreguin (Author), Councilmember Hahn (Co-Sponsor)
Recommendation: Adopt a resolution approving an expenditure of D13 funds and cosponsorship of the César Chávez/Dolores Huerta Tribute Site Curriculum Project, with $250 relinquished to the City’s general fund for this purpose each from Mayor Arreguín’s and Councilmember Harrison’s discretionary Council Office Budget Funds, and from any other Councilmembers who would like to contribute.

Financial Implications: $250 – Councilmembers’ Discretionary Fund Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: Adopted Resolution No. 70,959–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Mayor Arreguin - $250; Councilmember Harrison - $250; Councilmember Wengraf - $250; Councilmember Bartlett - $200; Councilmember Robinson - $150; Councilmember Taplin - $250; Councilmember Hahn - $200; Councilmember Kesarwani - $100.

29. Resolution Opposing Tokyo Electric Power Company and the Government of Japan’s Planned Discharge of Wastewater from Fukushima Daiichi Nuclear Power Plant into the Pacific Ocean
From: Councilmember Harrison (Author)
Recommendation: Adopt a Resolution opposing Tokyo Electric Power Company (TEPCO) and the government of Japan’s plan to discharge wastewater from Fukushima Daiichi Nuclear Power Plant into the Pacific Ocean and send copies of this resolution to Secretary Blinken, Senator Dianne Feinstein, Senator Alex Padilla, and Representative Barbara Lee.

Financial Implications: Staff time
Contact: Kate Harrison, Councilmember, District 4, (510) 981-7140 Action: No action taken.

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

Recess 8:54 p.m. – 9:09 p.m.

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Action Calendar – Public Hearings
Tuesday, July 11, 2023 MINUTES Page 12

30. Zoning Ordinance Amendments to Title 23 of the Berkeley Municipal Code to Conform to State Law, and Make Non-Substantive Technical Edits From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt the first reading of an Ordinance amending the following sections of the Zoning Ordinance to match State law relating to special needs housing (including supportive and transitional housing, emergency shelter, navigation center), employment housing, and family day care, and to make technical edits, corrections and other non- substantive amendments:
-23.202.020 Allowed Land Uses (Residential Districts)
-23.202.110 R-4 Multi-Family Residential District
-23.204.020 Allowed Land Uses (Commercial Districts)
-23.204.040 Use Specific Regulations (Commercial Districts) -23.204.060 C-U University Commercial District
-23.206.020 Allowed Land Uses and Permit Requirements (Manufacturing Districts) -23.206.040 Use Specific Regulations (Manufacturing Districts) -23.206.050 Protected Industrial Uses
-23.206.080 MU-LI Mixed Use-Light Industrial District (Land Use Regulations) -23.302.070 Use-Specific Regulations (Supplemental Use Regulations) -23.304.030 Setbacks
-23.304.040 Building Separation in Residential Districts -23.308.020 Applicability and Nonconformities (Emergency Shelters) -23.308.030 Standards for Emergency Shelters
-23.324 Nonconforming Uses, Structures, and Buildings
-23.324.010 Chapter Purpose
-23.324.050 Nonconforming Structures and Buildings
-23.502.020 Glossary
Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 3 speakers.

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

Vote: All Ayes.

Action: M/S/C (Arreguin/Robinson) to adopt first reading of Ordinance No. 7,882– N.S. Second reading scheduled for July 25, 2023.

Vote: All Ayes.

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Action Calendar – New Business
Tuesday, July 11, 2023 MINUTES Page 13

31. Staff Shortages: City Services Constrained by Staff Retention Challenges and Delayed Hiring
From: Auditor
Recommendation: We recommend City Council request that the City Manager report back by January 2024, and every six months thereafter, regarding the status of our audit recommendations until reported fully implemented. Some of our recommendations include: establish retention goals and conduct an analysis of staff needed for city operations and services; consider staff capacity around new legislation; take steps to improve employee satisfaction; identify opportunities for efficiency in the hiring process, and modernize its recruiting process; expand the telework policy to align with best practices; and regularly collect data on employee satisfaction and on diversity, equity, inclusion, and accessibility.

Financial Implications: See report
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: 14 speakers. Supplemental material in Supplemental Communications Packet #2 from the City Auditor deemed received. M/S/C (Arreguin/Harrison) to approve the item.

Vote: All Ayes.

Action: M/S/Failed (Arreguin/Hahn) to suspend the rules and extend the meeting to 11:30 p.m.

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

Action: M/S/Carried (Arreguin/Harrison) to suspend the rules and extend the meeting to 11:15 p.m.

Vote: All Ayes.

Action: M/S/Carried (Humbert/Arreguin) to suspend the rules and extend the meeting to 11:30 p.m.

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

32. Referral Response: Affordable Housing Preference Policy for Rental Housing Created Through the Below Market Rate and Housing Trust Fund Programs From: City Manager
Recommendation: Adopt a Resolution to create an Affordable Housing Preference Policy applicable to new residential housing units created via the Below Market-Rate (BMR) and the Housing Trust Fund (HTF) programs consistent with Fair Housing law and government funder approvals, and direct the City Manager to adopt guidelines to administer the Housing Preference Policy.

Financial Implications: See report.

Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Moved to the Consent Calendar. Adopted Resolution No. 70,960–N.S.

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Action Calendar – New Business
Tuesday, July 11, 2023 MINUTES Page 14

33. Adoption - Civic Center Phase II - Design Concept
From: City Manager
Recommendation: Adopt a Resolution approving Berkeley’s Civic Center Design Concept Plan, and declaring Council’s intention to support the preferred design concept and necessary future studies and projects articulated in the plan.

Financial Implications: See report.

Contact: Liam Garland, Public Works, (510) 981-6300
Action: M/S/C (Arreguin/Wengraf) to refer Item 33, including the revised material in Supplemental Communications Packet #1 from City Manager’s Office, to the Agenda & Rules Committee for scheduling.

Vote: All Ayes.

Council Action Items

34. Dedicated Public Comment Time for City of Berkeley Unions From: Councilmember Hahn (Author), Mayor Arreguin (Co-Sponsor) Recommendation: Adopt a Resolution (Attachment 3 + Exhibits A and B to the report) revising the City Council Rules of Procedure and Order: Section IV. Conduct of the Meeting to:

1. Create a period of public comment reserved for officially designated representatives of City of Berkeley employee unions, immediately following the existing initial ten-minute period of public comment on non-agenda items.

2. Rescind Resolution No. 70,725–N.S.

Financial Implications: None
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150 Action: 7 speakers. The material in Supplemental Communications Packet #2 from Councilmember Humbert was withdrawn by the author. M/S/C (Arreguin/Harrison) to adopt Resolution No. 70,961–N.S.

Vote: All Ayes.

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Council Action Items
Tuesday, July 11, 2023 MINUTES Page 15

35. De-Prioritizing the enforcement of laws imposing criminal penalties for Entheogenic/Psychedelic plants and fungi for personal use (Reviewed by the Health, Life Enrichment, Equity, & Community Committee) From: Health, Life Enrichment, Equity & Community Committee Recommendation: Approve the Resolution presented and passed with a qualified positive recommendation at the June 12, 2023 meeting of the Health, Life Enrichment, Equity & Community Committee (Attachment 1), in lieu of the Resolutions provided in the originally referred item and by the Community Health Commission.

Policy Committee Recommendation: to send the item to Council with a qualified positive recommendation to approve the Resolution in the form and as amended by the committee. There is no “mark-up” of the CHC resolution because what the Committee decided to pass is a full rewrite.

Financial Implications: None
Contact: Sophie Hahn, Councilmember, District 5, (510) 981-7150, Ben Bartlett, Councilmember, District 3, (510) 981-7130, Mark Humbert, Councilmember, District 8, (510) 981-7180
Action: Moved to the Consent Calendar. Adopted Resolution No. 70,962–N.S. as recommended by the Health, Life Enrichment, Equity & Community Committee and revised in Supplemental Communications Packet #1 from Councilmember Hahn.

Information Reports

36. Annual Report on Landmarks Preservation Commission (LPC) Actions From: Landmarks Preservation Commission
Contact: Fatema Crane, Commission Secretary, (510) 981-7400 Action: Received and filed.

37. City Auditor Fiscal Year 2024 Audit Plan
From: Auditor
Contact: Jenny Wong, Auditor, (510) 981-6750
Action: Received and filed.

Public Comment – Items Not Listed on the Agenda - 5 speakers.

Adjournment
Adjourned at 11:30 p.m.

I hereby certify that the forgoing is a true and correct record of the regular meeting held on July 11, 2023.
_________________________
Rose Thomsen, Deputy City Clerk

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Tuesday, July 11, 2023 MINUTES Page 16
Communications
Item #18: Staff Shortages: City Services Constrained by Staff Retention Challenges and Delayed Hiring

1. Steven Lipson

2. Councilmember Hahn
Item #29: Adoption - Civic Center Phase II - Design Concept

3. Jennifer Lovvron, Civic Arts Commission Secretary

4. Jack Kurzweil

5. Diana Bohn

6. Stephen Most

7. Juliet Lamont and Phil Price

8. Tom and Jane Kelly

9. Rachel Katz

10.Steven Finacom

11.Erin Biehm
Hopkins Corridor – Repave and/or Bike Lanes

12.Kester Allen

13.Janet Stromberg

14.David Brandon

15.Kathleen Haberer

16.Kevin Jones

17.David Socholitzky

18.Ernesto

19.Kori Kody

20.Jose Arau

21.Marguerite Lee

22.Trarie Kottkamp

23.Lily Liang

24.Verna Winters

25.Constance Anderson

26.Jeffrey Kaplan

27.Susan Taylor

28.Matthew Skinner

29.Theresa Malki

30.David Coolidge

31.Shirley Kirsten

32.Amber Crowley

33.Barbara Gilbert

34.Meryl Siegal

35.Jennifer Winch

36.Jeanne Allan

37.Barbara Englis

38.Peggy Radel

39.Marguerite Tompkins

40.Sheridan Pauker

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Tuesday, July 11, 2023 MINUTES Page 17

41.Michael Frantz

42.Rachel Bradley

43.Isabelle Gaston

44.Jan Woo

45.Dahlia Armon

46.Jean Weininger

47.Renate Crocker

48.Paul Elmore

49.Jacqueline Wilson

50.Susan DeMersseman

51.Justin Kao

52.Dan Alpert

53.Katherine de Runtz

54.Catherine Ryan

55.Steven and Judy Lipson

56.Ernie Mansfield

57.Kay Englund

58.Helen Toy

59.Eric

60.Melanie O’Hare

61.Ilyse Gordis

62.Constance Rivemale

63.Janice Murota

64.Rachel Hope Crossman

65.Stephen Wood

66.Ann Campbell

67.Janice Hamer

68.Jeanne Friedman

69.Zara Ortiz

70.Gar Smith

71.Joan Garvin

72.Richard Tamm

73.Grace Munakata

74.George and Wendy Draper

75.Friends of Hopkins Street

76.John Hitchen

77.Jessica Livingston

78.Timothy Ross

79.Kim Markison

80.Fiona Baker

81.Margret Leventhal

82.Pamela Zelnik

83.Shirley Kirsten

84.Bruce Chamberlain

85.Soleil Taylor

86.Jonah Gollub

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Tuesday, July 11, 2023 MINUTES Page 18

87.Shirley Kirsten

88.AJ Romano

89.Bill Hackman

90.Cindi And Howard Goldberg
Fire Department Consultant Report

91.Michael Wilson (2)

92.Liza Lutzker, on behalf of Walk Bike Berkeley

93.Stephen Dalton
Natural Gas Ban

94.John Caner, on behalf of the Downtown Berkeley Association Horse Deaths

95.Nancy Veerhusenb

96.Christopher Kroll

97.Acacia Schmidt

98.TC Conrad
Celebrating Susan Felix

99.Toby Furash
Unhoused Toileting Letter
100. Friends of Five Creeks
Fully Fund African American Holistic Resource Center
101. Boona Cheema
Kudo’s for the Fire Department
102. L.J. Cranmer
Rent Board Billing Errors
103. Morris
Healthy 4 Change Health Conference
104. Ayanna Davis, on behalf of Healthy Black Families
“Read Banned Books”
105. Todd Andrew
106. Aimee Reeder, on behalf of the Berkeley Public Library 1740 San Pablo Multifamily Housing Program
107. Rachel Durney, NorCal Development, BRIDGE
Overhead Utility Wires
108. Maria Riddle

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Tuesday, July 11, 2023 MINUTES Page 19
Automated License Plate Readers
109. Elana Auerbach
110. Diana Bohn
Surveillance Cameras
111. Toni Mester
City Dysfunction
112. Bob Flasher
St. Paul AME Church and Ephesian Church of God Applying for Funding 113. Norma Thompson, on behalf for Community Housing Development Corporation Help Business’ Get Off the Ground
114. Geoff Lomax
Fireworks in South Berkeley
115. Pamela Michaud (3)
116. Mike Kim
My Tenant’s Rights Stolen by City of Berkeley
117. Deborah Black
Transphobia in Berkeley and Albany
118. Kirstyn Russell and Melissa Neal
Asking for Help from the Mayor and Council
119. Benjamin Stein
URL’s Only
120. Vivian Warkentin (3)
Supplemental Communications and Reports 1
Item #4: Adopting a temporary exemption from the collection of taxes under BMC Chapter 9.04.136(D): Tax Rate for Non-Medical and Medical Cannabis Businesses 121. Fran Haselsteiner
122. John Rice
Item #29: Resolution Opposing Tokyo Electric Power Company and the Government of Japan’s Planned Discharge of Wastewater from Fukushima Daiichi Nuclear Power Plant into the Pacific Ocean
123. Phoebe Anne Sorgen
124. Mico Malecki
Item #33: Adoption – Civic Center Phase II – Design Concept 125. Revised material, submitted by the Office of Economic Development

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Tuesday, July 11, 2023 MINUTES Page 20
126. Mike Vanderman
127. Charlene Woodcock
128. Sally Hughes
129. Diana Bohn
Item #35: De-Prioritizing the enforcement of laws imposing criminal penalties for Entheogenic/Psychedelic plants and fungi for personal use 130. Supplemental material, submitted by Councilmember Hahn Supplemental Communications and Reports 2
Item #29: Resolution Opposing Tokyo Electric Power Company and the Government of Japan’s Planned Discharge of Wastewater from Fukushima Daiichi Nuclear Power Plant into the Pacific Ocean
131. Seaver Wang, on behalf of The Breakthrough Institute 132. Diane Bohn
133. Miya Sommers
Item #31: Staff Shortages: City Services Constrained by Staff Retention Challenges and Delayed Hiring
134. Supplemental material, submitted by the City Auditor Item #32: Referral Response: Affordable Housing Preference Policy for Rental Housing Created Through the Below Market Rate and Housing Trust Fund Programs 135. Carole Marasovic
Item #33: Adoption – Civic Center Phase II – Design Concept 136. Chase Hommeyer
137. Michael Weber
138. Miranda Ewell
139. Ruth Morgan
140. Summer Brenner
141. Drew Goetting, on behalf of Restoration Design Group 142. Ann Harlow
143. Stefen
144. Sylvia Soriano
145. Mary Price
146. Irene Rice
147. Fredrica Drotos
148. Dick and Mariko Eastman
149. Carolyn Shoulders
150. Tom Miller
151. Sheila Himmel
152. Bernard Marszalek
153. Sally Nelson
154. Stephen Most
155. Margot Cunningham
156. Jennifer Ware
157. Kathleen Giustino

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Tuesday, July 11, 2023 MINUTES Page 21
158. Toni Mester
159. Nancy Schimmel
160. Charles Enchill
Item #34: Dedicated Public Comment Time for City of Berkeley Unions 161. Supplemental material, submitted by Councilmember Humbert Item #35: De-Prioritizing the enforcement of laws imposing criminal penalties for Entheogenic/Psychedelic plants and fungi for personal use 162. Camille MacDonald
163. Fran Haselsteiner
164. Clifton Ross
165. Karen Armstead
Supplemental Communications and Reports 3
Item #7: Contract: Insight Housing (formerly Berkeley Food and Housing Project) to operate interim housing at the Super 8
166. Steve Lipson
Item #28: Relinquishment of Council Office Budget Funds and Co-Sponsorship of the Cesar Chavez Dolores Huerta Tribute Site Curriculum Project 167. Beatriz Leyva-Cutler and Santiago Casal
Item #29: Resolution Opposing Tokyo Electric Power Company and the Government of Japan’s Planned Discharge of Wastewater from Fukushima Daiichi Nuclear Power Plant into the Pacific Ocean
168. Tsukuru Fors
169. Phoebe Thomas Sorgen
170. David McGuire
171. Torrance Carroll
172. Bindu Desai
173. Eva Frye
174. Yuka Saito
175. Laura Feldman
176. Linda Roman
177. Liz Taylor
178. Jacqueline Cabasso, on behalf of Western States Legal Foundation 179. Eri Tomita
180. Heiko Hasegawa
181. Desiree McGill
Item #30: Zoning Ordinance Amendments to Title 23 of the Berkeley municipal Code to Conform to State Law, and Make Non-Substantive Technical Edits 182. Presentation, submitted by Planning and Development Item #31: Staff Shortages: City Services Constrained by Staff Retention Challenges and Delayed Hiring

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Tuesday, July 11, 2023 MINUTES Page 22
183. Presentation, submitted by the Auditor
184. Presentation, submitted by the City Manager
Item #32: Referral Response: Affordable Housing Preference Policy for Rental Housing Created Through the Below Market Rate and Housing Trust Fund Programs 185. Derethia DuVal
Item #33: Adoption – Civic Center Phase II – Design Concept 186. Linda Currie
187. Beth Lamont
188. Diane Ross-Leech
189. Kelly Hammargren
190. Tom Kelly
191. Kathleen Giustino
192. Erin Diehm
193. Andra Mitchell
194. Jack Kurzweil
Item #35: De-Prioritizing the enforcement of laws imposing criminal penalties for Entheogenic/Psychedelic plants and fungi for personal use 195. Isabelle Gaston
Miscellaneous Communications
196. Mr. Eid

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Tuesday, July 18, 2023 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, July 18, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. For in- person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL https://cityofberkeley-info.zoomgov.com/j/1616390973.

If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 639 0973.

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

Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

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

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

Attachment 3Page 26 of 67

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Tuesday, July 18, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:19 p.m.

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

Absent: Kesarwani, Bartlett
Councilmember Kesarwani present at 6:20 p.m.

Councilmember Bartlett present at 6:20 p.m.

Worksession

1. Ashby BART Station Transit-Oriented Development (TOD) From: City Manager
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: 32 speakers. Presentation made and discussion held.

2. City Policies for Managing Parking Around BART Stations (Continued from November 29, 2022)
From: City Manager
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Presentation made and discussion held.

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

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

Adjourned at 10:19 p.m.

I hereby certify that the forgoing is a true and correct record of the special meeting held on July 18, 2023.
_________________________
Mark Numainville, City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None

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Tuesday, July 18, 2023 MINUTES Page 3
Supplemental Communications and Reports 2
Item #1: Ashby BART Station Transit-Oriented Development (TOD)

1. 9 similarly-worded form letters (heartening))

2. 16 similarly-worded form letters (substation)

3. Sarah Bell

4. Nicole Inaba

5. Becca Schonberg

6. Tawny Reynolds

7. Tom Vosburgh

8. Margaret Wotkyns

9. Anne Holmes

10.Noah Baker

11.Sherry Wang

12.Kathy Vaughn

13.Lee Bishop

14.Oren Cheyette

15.Phyllis Orrick
Item #2: City Policies for Managing Parking Around BART Stations

16.Bruce Brody

17.Jacki Bernier

18.Sandra Tarbet

19.Eric Cheng

20.Linda Press Wulf

21.Gerald Morrison

22.Richard Laden

23.Barbara Gilbert

24.Adlai Leiby

25.Roberta Spieckerman

26.Caroline and Sam Yunker

27.Cindy Shamban

28.Meryl Siegal

29.Richard Tamm

30.Leslie Valas
Supplemental Communications and Reports 3
Item #1: Ashby BART Station Transit-Oriented Development (TOD)

31.Presentation (Transit-Oriented Development), submitted by Planning and Development

32.Presentation (Transit-Oriented Development), submitted by BART

33.Jordan Klein, Director, Department of Planning & Development

34.Liz Exter

35.Kate Pocrass

36.Derek Sagehorn

37.Jack Kurzweil

38.Vishal Ganesan

39.Teresa Clarke

40.Peter Waller

41.Kitt Saginor

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Tuesday, July 18, 2023 MINUTES Page 4

42.Kris Stangl

43.Abbie Turiansky

44.Ariella Granett

45.Serena Lim

46.Mike Wilson

47.Jenn Guitart

48.Todd Andrew

49.Michai Freeman

50.Joaquin Carbonell
Item #2: City Policies for Managing Parking Around BART Stations

51.Elizabeth Horowitz

52.Nicole Corsini

53.Tammy Stellanova

54.Tony Corman

55.Christine and David Goldin

56.Victoria Kahn

57.Phil Allen

58.Liz Exter

59.Helene Silverberg

60.Meryl Siegal

61.Laura Klein

62.Vicki Sommer (3)

63.Claudia Valas

64.Michael Lonergan

65.Igor Tregub

66.Councilmember Kesarwani

67.Cheryl Brewster

68.Janice Murota

69.David Brandon

70.S. Entsistle

71.Doris Nassiry

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Monday, July 24, 2023 MINUTES Page 1

M I N U T E S

BERKELEY CITY COUNCIL SPECIAL MEETING
MONDAY, JULY 24, 2023
3:00 P.M.

SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

For in-person attendees, face coverings or masks that cover both the nose and the mouth are encouraged.

If you are feeling sick, please do not attend the meeting in person.

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1616042048. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1- 833-568-8864 (Toll Free) and enter Meeting ID: 161 604 2048. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in- person attendees and those participating by teleconference or videoconference.

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

This meeting will be conducted in accordance with the Brown Act, Government Code Section 54953 and applicable Executive Orders as issued by the Governor that are currently in effect. Any member of the public may attend this meeting. Questions regarding this matter may be addressed to Mark Numainville, City Clerk, (510) 981-6900. The City Council may take action related to any subject listed on the Agenda.

Attachment 4

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Monday, July 24, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 3:10 p.m.

Present: Humbert, Robinson, Taplin, Wengraf, Arreguin

Absent: Bartlett, Hahn, Harrison, Kesarwani
Councilmember Hahn present at 3:14 p.m.

Councilmember Kesarwani present at 3:24 p.m.

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

CLOSED SESSION:

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

1. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION PRUSUANT TO GOVERNMENT CODE SECTION 54956.9(d)(2):
a. Workers Compensation Appeals Board Case Number: ADJ10187918 Action: M/S/C (Arreguin/Hahn) to provide direction to workers’ compensation counsel and approve a settlement by Compromise and Release, as to workers’ compensation matter WCAB Case Number:

ADJ10187918.

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

Councilmember Robinson absent 4:15 p.m. – 4:22 p.m.

2. CONFERENCE WITH LEGAL COUNSEL – ANTICIPATED LITIGATION PURSUANT TO GOVERNMENT CODE SECTIONS 54956.9(a) and 54956.9(d)(2)
a. California River Watch – Notice of Intent to File Suit Under the Federal Water Pollution Control Act (Clean Water Act), attached as required by Fowler v. City of Lafayette (2020) 46 Cal. App. 5th 360
Action: No reportable action taken.

3. CONFERENCE WITH REAL PROPERTY NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8
a. Property Address: 1900 Addison, Suite 300-350, Berkeley, California Agency Negotiators: Hansel Aguilar, Director of Police Accountability, Dionne Early, Public Works Real Property
Negotiating Parties: City of Berkeley and SG Real Estate, Inc. on behalf of the Shamszad Family Living Trust
Property Owner: Sasha and Merideth Shamszad Under negotiation: Price and terms
Action: No reportable action taken.

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Monday, July 24, 2023 MINUTES Page 3

4. CONFERENCE WITH LABOR NEGOTIATORS; GOVERNMENT CODE SECTION 54957.6 Negotiators: Dee Williams-Ridley, City Manager, Anne Cardwell, Deputy City Manager, LaTanya Bellow, Deputy City Manager, Aram Kouyoumdjian, Human Resources Director, Dawud Brewer, Employee Relations Manager, Jonathan Holtzman, Renne Public Law Group.

Employee Organizations: Berkeley Fire Fighters Association Local 1227 I.A.F.F., Berkeley Fire Fighters Association, Local 1227 I.A.F.F. / Berkeley Chief Fire Officers Association; Berkeley Police Association; SEIU 1021 Community Services and Part-time Recreation Activity Leaders, SEIU 1021 Maintenance and Clerical, Unrepresented Employees
Action: No reportable action taken.

OPEN SESSION:

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

City Council met in closed session on July 24, 2023, Pursuant to Government Code Section 54956.9(d)(2) and provided direction to workers’ compensation counsel and approved a settlement by Compromise and Release, as to workers’ compensation matter WCAB Case Number: ADJ10187918.

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

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

Adjourned at 5:49 p.m.

I hereby certify that the forgoing is a true and correct record of the special closed meeting of July 24, 2023 as approved by the Berkeley City Council. __________________________________
Rose Thomsen, Deputy City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
 None
Supplemental Communications and Reports 3
 None

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Monday, July 24, 2023 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Monday, July 24, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. For in- person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1618357177. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 161 835 7177. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

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

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

Attachment 5Page 33 of 67

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Monday, July 24, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:25 p.m.

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

Absent: Harrison
Action Calendar – Public Hearings

1. ZAB Appeal: 2720 Hillegass Avenue, Willard Park, Use Permit/Variance #ZP2022-0095
From: City Manager
Recommendation: Conduct a public hearing and, upon conclusion, adopt a Resolution affirming the Zoning Adjustments Board decision to approve a Use Permit and Variance to demolish and replace/expand the existing recreation building and public restroom (community center), with a reduced rear setback, and to construct a stand-alone public restroom building and a trash enclosure, within an existing public park, and dismiss the appeal.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Public Testimony: The Mayor opened the public hearing. 49 speakers.

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

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

Action: M/S/C (Robinson/Taplin) to adopt Resolution No. 70,963–N.S. affirming the Zoning Adjustments Board decision to approve a Use Permit and Variance to demolish and replace/expand the existing recreation building and public restroom (community center), with a reduced rear setback, and to construct a stand-alone public restroom building and a trash enclosure, within an existing public park, and dismiss the appeal, with the following revisions:

1. Add a condition that there be no amplified sound indoors after 9:00 p.m.

2. Revise the variance findings to include the following language:
-Exceptional Circumstances: The variance is necessary to build the community center because of the unusual shape and size of the lot. The unusual fact that the yard is measured at odd points necessitates the setback because of the strict application of the zoning ordinance, based on the definition of a front lot line, requires a 20-foot rear setback along the stepped southern lot line. The residential lots that directly abut or are adjacent to the subject parcel are oriented so that their frontage is on Hillegass Avenue for the east parcels, and the improved portion of Regent Street for the western parcels. This means that the northern and southern property lines of the remaining parcels on the block are side lot lines. Whereas other properties on this full block are only required a 4-foot side setback from their north and south lot lines, the subject parcel is required to have a 20-foot rear setback.

The location of the Coast Live Oak north of the building along the Hillegass frontage also requires a setback because it would reduce impacts to the root system.

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Monday, July 24, 2023 MINUTES Page 3
-No Material Impact on Health or Safety: The variance will not be materially detrimental to the public welfare or injurious to nearby property or improvements for a number of reasons, including because the resulting 16- foot setback will in fact be larger than the existing 11 foot-8 inch setback. -Promotion of Health, Welfare & Safety: The variance will promote municipal health, welfare, and safety because the community center and park is the site of a City of Berkeley after-school and summer day camp program for 45 children, with a 25-children waiting list. The park is one of the few places in the area that provides City-owned public open space. This variance would allow the community center to serve 60 children with after-school programs as well as provide the community with additional recreational opportunities such as tennis, exercise classes, and other events for youth as well as ancillary infrastructure such as safe and adequate bathrooms.

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

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

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

Adjourned at 9:40 p.m.

I hereby certify that the forgoing is a true and correct record of the special meeting held on July 24, 2023.
_________________________
Rose Thomsen, Deputy City Clerk
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1: ZAB Appeal: 2720 Hillegass Avenue, Willard Park, Use Permit/Variance #ZP2022-0095

1. Barbara Tuleja

2. Jessica Bylo

3. Joshua Abrams

4. Caroline Massad Francis

5. Bill Williams

6. Vivian White

7. Emily White

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Monday, July 24, 2023 MINUTES Page 4

8. Kate Gordon

9. Laura King

10.Ben Gerhardstein

11.Chelle Putzer

12.Marti Grubb

13.Claire Greene, Walter Garms and Natalie Garms

14.Nick Roosevelt

15.Stephanie Boys

16.Kathleen Crandall

17.Locke Schultz Jaeger

18.Mary Thompson

19.Tom Miller and Tran T. Nhu

20.Barry Fike

21.Ginger Ogle

22.Richard King

23.Peg Bogle

24.Orli Cotel

25.Katherine Ramage

26.Carrie Gray

27.MacKenzie Smith

28.R.J. Godin

29.Debbie LeVeen

30.David Lehrer

31.Gordon Wozniak

32.Brian M. Wong and Scott T. Hofmeister

33.Lori Droste

34.Mary Oram

35.Rana Cho, Rohini Haar, Justin Randall, Heather Ball

36.Peter Liederman

37.Rachel Hope Crossman

38.Kamala Asher

39.Marc Hedlund

40.Madeline Feingold

41.Todd Andrew

42.Helen Marcus

43.Theo Gordon

44.Ben Gould

45.119 similarly-worded form letters
Supplemental Communications and Reports 3
Item #1: ZAB Appeal: 2720 Hillegass Avenue, Willard Park, Use Permit/Variance #ZP2022-0095

46.Presentation, submitted by Planning and Development

47.Presentation, submitted by Parks, Recreation and Waterfront

48.Alex Stec

49.Caitlin Lempres Brostrom

50.Ben Finkel

51.Max Ventura

52.Vincent Casalaina

53.Larry Hendel

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Monday, July 24, 2023 MINUTES Page 5

54.Harvey Smith

55.Zach Stewart

56.Mary Oram

57.Carla Woodworth

58.Willard Neighborhood Association

59.Friends of Willard Park

60.10 similarly-worded form letters

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Tuesday, July 25, 2023 MINUTES Page 1

M I N U T E S

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

B E R K E L E Y C I T Y C O U N C I L
Tuesday, July 25, 2023
4:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. For in- person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1606074224. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 607 4224. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

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

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

Attachment 6

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Preliminary Matters
Roll Call: 4:10 p.m.

Present: Taplin, Hahn, Wengraf, Robinson, Humbert, Arreguin

Absent: Kesarwani, Bartlett, Harrison
Councilmember Kesarwani present at 4:16 p.m.

Councilmember Bartlett present at 4:39 p.m.

Action Calendar

1. Civic Center Phase II - Design Concept (Continued from July 11, 2023) (Item contains revised material.)
From: City Manager
Recommendation: Adopt a Resolution approving Berkeley’s Civic Center Design Concept, and declaring Council’s intention to support the preferred design concept and necessary future studies articulated in the plan and directing staff to pursue the next steps identified in the plan, including seeking funding and conducting further studies.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: 17 speakers. M/S/C (Arreguin/Hahn) to adopt Resolution No. 70,964–N.S. as amended in the revised materials from the City Manager included with the item, and further amended to include that “the highest priority of the Council is the seismic retrofit and best use of the historic buildings in accordance with the Council’s direction in the approved plan.” The Council provided direction to the City Manager to 1) explore full and partial creek restoration; 2) Ensure a home for the Farmers Market in the Civic Center; and 3) develop cost and feasibility information on building out additional spaces in the Veterans’ Building courtyard for arts and cultural uses.

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

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

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

Adjourned at 6:03 p.m.

I hereby certify that the forgoing is a true and correct record of the special meeting held on July 25, 2023.
_________________________
Mark Numainville, City Clerk

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Tuesday, July 25, 2023 MINUTES Page 3
Communications
 None
Supplemental Communications and Reports 1
 None
Supplemental Communications and Reports 2
Item #1: Civic Center Phase II – Design Concept

1. Karen Dabrusin

2. John Roberts

3. George Speckman

4. Almira Tanner

5. Gayle Paul

6. Angelica Karakat

7. Aimee Baldwin

8. Christopher Kroll

9. Richard Schwartz

10.Sally Hughes

11.Summer Brenner

12.Michael Weber

13.Sally Nelson

14.Irene Rice

15.Sylvia Soriano

16.Kelly Hammargren

17.Toni Mester
Supplemental Communications and Reports 3
Item #1: Civic Center Phase II – Design Concept

18.Presentation, submitted by the Office of Economic Development

19.Aimee Baldwin

20.Stephanie Thomas

21.Sierra Club

22.Erin Diehm

23.Meryl Siegal

24.Christopher Kroll

25.Anonymous

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Tuesday, July 25, 2023 MINUTES Page 1

MINUTES

BERKELEY CITY COUNCIL MEETING
Tuesday, July 25, 2023
6:00 PM
SCHOOL DISTRICT BOARD ROOM - 1231 ADDISON STREET, BERKELEY, CA 94702 TELECONFERENCE LOCATION - 1404 LE ROY AVE, BERKELEY, CA 94708

JESSE ARREGUIN, MAYOR
Councilmembers:

DISTRICT 1 – RASHI KESARWANI DISTRICT 5 – SOPHIE HAHN
DISTRICT 2 – TERRY TAPLIN DISTRICT 6 – SUSAN WENGRAF
DISTRICT 3 – BEN BARTLETT DISTRICT 7 – RIGEL ROBINSON
DISTRICT 4 – KATE HARRISON DISTRICT 8 – MARK HUMBERT
This meeting will be conducted in a hybrid model with both in-person attendance and virtual participation. For in- person attendees, face coverings or masks that cover both the nose and the mouth are encouraged. If you are feeling sick, please do not attend the meeting in person.

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

Remote participation by the public is available through Zoom. To access the meeting remotely: Join from a PC, Mac, iPad, iPhone, or Android device: Please use this URL: https://cityofberkeley- info.zoomgov.com/j/1606074224. If you do not wish for your name to appear on the screen, then use the drop down menu and click on "rename" to rename yourself to be anonymous. To request to speak, use the “raise hand” icon by rolling over the bottom of the screen. To join by phone: Dial 1-669-254-5252 or 1-833-568-8864 (Toll Free) and enter Meeting ID: 160 607 4224. If you wish to comment during the public comment portion of the agenda, Press *9 and wait to be recognized by the Chair.

Please be mindful that the meeting will be recorded and all rules of procedure and decorum apply for in-person attendees and those participating by teleconference or videoconference.

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

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

Attachment 7

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Tuesday, July 25, 2023 MINUTES Page 2
Preliminary Matters
Roll Call: 6:27 p.m.

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

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

Ceremonial Matters:

1. Recognition of the 25 th Anniversary of the Berkeley Path Wanderers City Manager Comments:

The City Manager requested that Item 36 regarding ADUs be continued to September 19, 2023.

Public Comment on Non-Agenda Matters: 10 speakers.

Action: M/S/C (Arreguin/Hahn) to accept an urgency item from Mayor Arreguin pursuant to Government Code Section 54954.2(b)(2) entitled Excused Absence for Councilmember Kate Harrison.

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

Action: M/S/C (Arreguin/Hahn) to accept an urgency item from the Sugar-Sweetened Beverage Product Panel of Experts pursuant to Government Code Section 54954.2(b)(2) entitled Grant Allocation: Approve Healthy Berkeley Funding Recommendation for Programs to Reduce Consumption of Sugar-Sweetened Beverages (SSBs) for FY24 and FY25 Grant Cycle.

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

Action: M/S/C (Arreguin/Hahn) to accept revised material for Item 12 from the City Manager.

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

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Consent Calendar
Tuesday, July 25, 2023 MINUTES Page 3
Public Comment on Consent Calendar and Information Items Only: 26 speakers.

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

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

Recess 8:37 p.m. – 9:00 p.m.

Urgent Item: Grant Allocation: Approve Healthy Berkeley Funding Recommendation for Programs to Reduce Consumption of Sugar-Sweetened Beverages (SSBs) for FY24 and FY25 Grant Cycle
From: Sugar-Sweetened Beverage Product Panel of Experts Commission Recommendation: Approve the SSBPPE Commission’s recommendations and adopt eight (8) Resolutions authorizing the City Manager or her designee to enter into contracts with the Berkeley Unified School District (BUSD) and the Community-Based Organizations (CBOs) listed below to distribute a total of $1,495,180 for FY 2024 and FY 2025 according to the following schedule:

1. $705,056.05 total grant to Berkeley Unified School District to implement the Gardening and Cooking Program for FY 2024 and FY 2025 to be disbursed as follows:
$352,528.03 in FY 2024 and $352,528.02 in FY 2025.

2. $85,864.90 total grant to Bay Area Community Resources to implement the Healthy Options at Point of Sale program to be disbursed as follows: $42,932.45 in FY 2024 and $42,932.45 in FY 2025.

3. $106,150.00 total grant to Berkeley Youth Alternatives to implement the Urban Agriculture and Team Nutrition Program to be disbursed as follows: $53,075.00 in FY 2024 and $53,075.00 in FY 2025.

4. $100,378.30 total grant to Ecology Center to implement the For Thirst, Water First! program to be disbursed as follows: $50,189.15 in FY 2024 and $50,189.15 in FY 2025.

5. $130,433.05 total grant to Lifelong Medical Care to implement the Healthy Berkeley, Chronic Disease and Oral Health Prevention program to be disbursed as follows:
$65,216.53 in FY 2024 and $65,216.52 in FY 2025.

6. $55,000.00 total grant to Multicultural Institute to implement the Life Skills/Day Laborer Program: Health Activity program to be disbursed as follows: $27,500.00 in FY 2024 and $27,500.00 in FY 2025.

7. $96,923.20 total grant to YMCA of the East Bay to implement the YMCA Healthy Me! program to be disbursed as follows: $48,461.60 in FY 2024 and $48,461.60 in FY 2025.

8. $215,374.50 total grant to Healthy Black Families to implement the Thirsty for Change! (T4C) program to be disbursed as follows: $107,687.25 in FY 2024 and $107,687.25 in FY 2025.

9. The Commission recommends that indirect or administrative expenses not exceed 10% of the program budget for any entity and that the funds awarded not be used to supplant any other source of funding.

10. The Commission recommends that City Council authorize the City Manager to authorize advances for BUSD and the selected community agencies receiving funds in

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Consent Calendar
Tuesday, July 25, 2023 MINUTES Page 4
FY 2024 and FY 2025. The advances are to be equivalent to 25% of the agency’s allocation.

Financial Implications: See report
Contact: Roberto Terrones, Commission Secretary, (510) 981-5400 Action: Approved the recommendation and adopted Resolution No. 70,965–N.S. (BUSD), Resolution No. 70,966–N.S. (BACR), Resolution No. 70,967–N.S. (BYA), Resolution No. 70,968–N.S. (EC), Resolution No. 70,969–N.S. (LMC), Resolution No. 70,970–N.S. (MI), Resolution No. 70,971–N.S. (YMCA), and Resolution No. 70,972– N.S. (HBF).

Urgent Item: Excused Absence for Councilmember Kate Harrison From: Mayor Arreguin (Author)
Recommendation: Excuse Councilmember Kate Harrison from the July 25, 2023 Council meeting as a result of illness.

Financial Implications: None
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Approved recommendation.

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Consent Calendar
Tuesday, July 25, 2023 MINUTES Page 5

1. Zoning Ordinance Amendments to Title 23 of the Berkeley Municipal Code to Conform to State Law, and Make Non-Substantive Technical Edits From: City Manager
Recommendation: Adopt second reading of Ordinance No. 7,882-N.S amending the following sections of the Zoning Ordinance to match State law relating to special needs housing (including supportive and transitional housing, emergency shelter, navigation center), employment housing, and family day care, and to make technical edits, corrections and other non-substantive amendments:
-23.202.020 Allowed Land Uses (Residential Districts)
-23.202.110 R-4 Multi-Family Residential District
-23.204.020 Allowed Land Uses (Commercial Districts)
-23.204.040 Use Specific Regulations (Commercial Districts) -23.204.060 C-U University Commercial District
-23.206.020 Allowed Land Uses and Permit Requirements (Manufacturing Districts) -23.206.040 Use Specific Regulations (Manufacturing Districts) -23.206.050 Protected Industrial Uses
-23.206.080 MU-LI Mixed Use-Light Industrial District (Land Use Regulations) -23.302.070 Use-Specific Regulations (Supplemental Use Regulations) -23.304.030 Setbacks
-23.304.040 Building Separation in Residential Districts -23.308.020 Applicability and Nonconformities (Emergency Shelters) -23.308.030 Standards for Emergency Shelters
-23.324 Nonconforming Uses, Structures, and Buildings
-23.324.010 Chapter Purpose
-23.324.050 Nonconforming Structures and Buildings
-23.502.020 Glossary
First Reading Vote: All Ayes.

Financial Implications: None
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted second reading of Ordinance No. 7,882–N.S.

2. Minutes for Approval
From: City Manager
Recommendation: Approve the minutes for the Council meetings of June 6 (regular), June 13 (regular), June 20 (special closed and special) and June 27 (regular)
Financial Implications: None
Contact: Mark Numainville, City Clerk, (510) 981-6900
Action: Approved the minutes as submitted.

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Consent Calendar
Tuesday, July 25, 2023 MINUTES Page 6

3. Voting Delegates – League of California Cities Annual Conference From: City Manager
Recommendation: Designate, by motion, a voting delegate and alternate for the business meeting of the Annual League of California Cities conference to be held on Friday, September 22, 2023, in Sacramento.

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

4. Contract: Berkeley Convention and Visitor’s Bureau, d.b.a. Visit Berkeley From: City Manager
Recommendation: Adopt a Resolution allowing the City Manager to execute a sole source contract and any amendments with the Berkeley Convention and Visitors’ Bureau, d.b.a. Visit Berkeley, to distribute one-twelfth of annual Berkeley Transient Occupancy Tax funds to support tourism marketing and promotion for the period from July 1, 2023 through June 30, 2027 for a not to exceed amount of $3,500,000.

Financial Implications: See report
Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 70,973–N.S.

5. Contracts: Turtle Island Monument, Scott Parsons and Artworks Foundry LLC From: City Manager
Recommendation: Adopt two Resolutions authorizing the City Manager to execute the following artwork contracts and any amendments for the City of Berkeley’s Turtle Island Monument at Martin Luther King Jr. Civic Center Park with contract periods of July 1, 2023 through March 30, 2025:

1. Scott Parsons - for fabrication of three new stone medallions, purchase of twelve selected boulders into which seven existing art medallions will be installed, purchase of granite base stone material for mounting of five bronze turtles for an amount not to exceed $236,000.

2. Artworks Foundry - for fabrication of a large central bronze turtle sculpture for Turtle Island Monument for an amount not to exceed $350,000.

Financial Implications:

Contact: Eleanor Hollander, Economic Development, (510) 981-7530 Action: Adopted Resolution No. 70,974–N.S. (Scott Parsons), and Resolution No. 70,975–N.S. (Artworks Foundry).

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Tuesday, July 25, 2023 MINUTES Page 7

6. Contract No. 117596-1 Amendment: Animal Fix Clinic (formerly Fix Our Ferals) for Spay and Neuter Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract and any necessary amendments with Animal Fix Clinic (formerly Fix Our Ferals) to provide no-cost spay and neuter surgeries to eligible pet owners for FY 2024, increasing the contract amount by $35,000 for a new total contract amount not to exceed $102,218 and extending the terms of the contract to July 25, 2026.

Financial Implications: See report
Contact: Peter Radu, City Manager's Office, (510) 981-7000 Action: Adopted Resolution No. 70,976–N.S.

7. Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on July 25, 2023
From: City Manager
Recommendation: Approve the request for proposals or invitation for bids (attached to staff report) that will be, or are planned to be, issued upon final approval by the requesting department or division. All contracts over the City Manager’s threshold will be returned to Council for final approval.

Financial Implications: Various Funds - $885,000
Contact: Henry Oyekanmi, Finance, (510) 981-7300
Action: Approved recommendation.

8. Contract Amendment: Cooke and Associates for Applicant Background Investigations
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract amendment with Cooke and Associates to expand capacity to perform background investigation services from $50,000 to an amount not to exceed $300,000 from August 1, 2023 through July 31, 2026.

Financial Implications: See report
Contact: David Sprague, Fire, (510) 981-3473, Jennifer Louis, Police, (510) 981- 5900
Action: Adopted Resolution No. 70,977–N.S.

9. Contract Amendments: Mental Health Services Act Community Services and Supports, and Prevention and Early Intervention
From: City Manager
Recommendation: Adopt ten Resolutions authorizing the City Manager or her designee to execute the following contracts, which are funded through Mental Health Services Act (MHSA) Community Services and Supports (CSS) and Prevention and Early Intervention (PEI), increasing the contract amounts as outlined below, and extending the contracts through June 30, 2026:

1. Increasing CSS Contract No. 108800-1 with Bay Area Hearing Voices Network by $46,941 per year from Mental Health Services Act (Fund #315) for a total contract amount not to exceed $325,678 for hearing voices support groups;

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Tuesday, July 25, 2023 MINUTES Page 8

2. Increasing CSS Contract No. 31900132 with Building Opportunities for Self- Sufficiency by $100,000 per year from Mental Health Services Act (Fund #315), for a total contract amount not to exceed $700,000 for representative payee services;

3. Increasing CSS Contract No. 32200130 with Alameda County Behavioral Health Care Services by $491,933 per year from Mental Health Services Act (Fund #315) for a total contract amount not to exceed $2,459,665 for Wellness Center operations;

4. Increasing CSS Contract No. 32000117 with Insight Housing (formerly Berkeley Food and Housing Project) for $626,616 per year for three years from Mental Health Services Act (Fund #315), for a total contract amount not to exceed $5,286,488 for supportive housing services;

5. Increasing CSS Contract No. 32000094 with Youth Spirit Artworks by $132,046 per year for three years for Transition Age Youth case management and trauma support services from Mental Health Services Act (Fund #315), and $78,000 for Fiscal Year 2024 for Tiny House Village housing services from Measure P (Fund #011), for a total contract amount not to exceed $1,211,230;

6. Increasing PEI Contract No. 32000240 with Berkeley Unified School District by $401,389 per year from Mental Health Services Act (Fund #315), for a total contract amount not to exceed $2,598,334 for services to support Berkeley students;

7. Increasing PEI Contract No. 088999-1 with Center for Independent Living by $32,046 per year from Mental Health Services Act (Fund #315) for a total contract amount not to exceed $448,860 for services to support older adults;

8. Increasing PEI Contract No. 052129-1 with Pacific Center for Human Growth by $100,000 per year from Mental Health Services Act (Fund #315) for a total contract amount not to exceed $815,150 for services to support the Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Agender, Plus (LGBTQIA+) population;

9. Increasing PEI Contract No. 32200146 with ONTRACK Program Resources by $100,000 per year from Mental Health Services Act (Fund #315) for a total contract amount not to exceed $475,000 for services to support African Americans;

10. Increasing PEI Contract No. 3200111 with East Bay Sanctuary Covenant by $100,000 per year from Mental Health Services Act (Fund #315) for a total contract amount not to exceed $500,000 for services to support the Latinx, Latina, Latino population.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Approved the recommendation and adopted Resolution No. 70,978–N.S. (Contract No. 108800-1), Resolution No. 70,979–N.S. (Contract No. 31900132), Resolution No. 70,980–N.S. (Contract No. 32200130), Resolution No. 70,981–N.S. (Contract No. 32000117), Resolution No. 70,982–N.S. (Contract No. 32000094), Resolution No. 70,983–N.S. (Contract No. 32000240), Resolution No. 70,984–N.S. (Contract No. 088999-1), Resolution No. 70,985–N.S. (Contract No. 052129-1), Resolution No. 70,986–N.S. (Contract No. 32200146) and Resolution No. 70,987–N.S. (Contract No. 3200111).

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Tuesday, July 25, 2023 MINUTES Page 9

10. Contract No. 32300138 Amendment: Prevention and Early Intervention Statewide Project - California Mental Health Services Authority From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 32300138 with the California Mental Health Services Authority (CalMHSA) to execute a Participation Agreement for Fiscal Year 2024 for the Prevention and Early Intervention (PEI) Statewide Project and allocate Mental Health Services Act (MHSA) funds in the amount of $93,027, for a total amount not to exceed $163,934 through June 30, 2024.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,988–N.S.

11. Contract: 2 Plus 1 Housing Resolution Services for Harriet Tubman Terrace Tenant Advocate
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or her designee to execute a contract for professional services with the vendor 2 Plus 1 Housing Resolution Services for a Harriet Tubman Terrace Tenant Advocate for the Department of Health, Housing, and Community Services (HHCS) from August 1, 2023 to July 31, 2024 in an amount not to exceed $100,000.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,989–N.S.

12. Mental Health Services Act (MHSA) Fiscal Years 2024-2026 Three Year Program and Expenditure Plan
From: City Manager
Recommendation: Adopt a Resolution approving the Mental Health Services Act Fiscal Years 2024-2026 Three Year Program and Expenditure Plan (MHSA Three Year Plan), which provides information on current and proposed uses of funds for mental health programming, and forwarding the MHSA Three Year Plan to appropriate state officials.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,990–N.S. as revised in the materials submitted at the meeting by the City Manager.

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Tuesday, July 25, 2023 MINUTES Page 10

13. Reserving Predevelopment Funds BRIDGE Housing Corporation to Support the Development of Affordable Housing at the North Berkeley BART Site From: City Manager
Recommendation: Adopt a Resolution: 1. Reserving $1,500,000 in Affordable Housing Mitigation Fee funds to BRIDGE Housing Corporation (BRIDGE) or its affiliate to support master planning and predevelopment activities related to the development of affordable housing at the North Berkeley BART site. 2. Authorizing the City Manager or her designee to execute all original or amended documents or agreements to effectuate this action.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Adopted Resolution No. 70,991–N.S.

14. Establish Classification and Salary Range – Deputy Police Chief From: City Manager
Recommendation: Adopt a Resolution establishing the unrepresented classification of Deputy Police Chief with an hourly salary range of $96.1538 - $125.0000, and an annual salary range of $200,000.0000 - $260,000.0000.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,992–N.S.

15. Salary Range Adjustments: Senior Building Maintenance Supervisor, Senior Equipment Supervisor, Senior Public Works Supervisor, and Senior Solid Waste Supervisor
From: City Manager
Recommendation: Adopt a Resolution amending Resolution No. 69,997-N.S., Salary Resolution for Public Employees Union (PEU) – Local 1, to increase the salary range of the Senior Building Maintenance Supervisor by 9.30%; Senior Equipment Supervisor by 13.00%; Senior Public Works Supervisor by 8.53%; and Senior Solid Waste Supervisor by 8.53%, effective January 1, 2023.

This Resolution follows Council consideration of this item in Closed Session on May 1, 2023.

Financial Implications: See report
Contact: Aram Kouyoumdjian, Human Resources, (510) 981-6800 Action: Adopted Resolution No. 70,993–N.S.

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Tuesday, July 25, 2023 MINUTES Page 11

16. Piggyback Contract – SmartWave for City Facility Managed Wi-Fi From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute a contract which aligns with the City of Tucson, AZ existing contract and amendments, to provide managed Wi-Fi throughout City of Berkeley facilities in an amount of $325,000 with an option to extend ongoing Operations and Maintenance (O&M) for an additional year for a total contract value not to exceed $370,000 through FY2025.

Financial Implications: IT's Cost Allocation Fund - $370,000 Contact: Kevin Fong, Information Technology, (510) 981-6500 Action: Adopted Resolution No. 70,994–N.S.

17. Side Letter Agreement: Hornblower Sublease
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute and implement a Side Letter Agreement with 200 Marina Boulevard, Berkeley, LLC to memorialize the terms and amount of Hornblower sublease rent payments and the City’s consent to the Hornblower sublease at the Doubletree Hotel at the Berkeley Waterfront.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,995–N.S.

18. Contract No. 32200183 Amendment: Western Water Features Inc. for Renovations at King Swim Center
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32200183 with Western Water Features, Inc. for renovations at King Swim Center, increasing the contract amount by $79,000 for a total not to exceed amount of $1,179,000.

Financial Implications: $1,179,000
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,996–N.S.

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Tuesday, July 25, 2023 MINUTES Page 12

19. $5.5M Loan for D and E Dock Project In Berkeley Marina From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to implement one of the following options: (1) execute an Amendment to the existing $5.5M Loan Agreement with the State Division of Boating and Waterways, based on one of four proposed alternatives described in the Current Situation section of the report; -OR-
(2) adopt a resolution authorizing the City Manager to implement an internal loan of $5.5M from the Workers Compensation Fund and/or the Stability Reserve Fund and/or Catastrophic Reserve Fund as determined by the City Manager, and repay this loan from the Transient Occupancy Tax revenue and/or the Marina Fund with the terms to be determined by the City Manager.

Financial Implications: See report
Contact: Scott Ferris, Parks, Recreation and Waterfront, (510) 981-6700 Action: Adopted Resolution No. 70,997–N.S. to approve Option 2 as revised in Supplemental Communications Packet #2 by the City Manager, with a new final resolved clause to read:

NOW THEREFORE, BE IT RESOLVED that the Council of the City of Berkeley authorizes an internal loan of $5.5M from the Workers Compensation Fund, and repayment of this loan using the total amount of Transient Occupancy Tax (TOT) revenue generated in the Waterfront starting in FY25 until the loan is paid off, plus an additional $500,000 one-time interest payment from the TOT.

20. Accept Grant Funds from the Governor’s Office of Planning and Research to Create a New Environmental Justice Element, Update the General Plan Disaster Preparedness & Safety Element, and Develop Community-Driven Climate and Resilience Metrics
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager or their designee to accept the California Governor’s Office of Planning and Research (OPR) Adaptation Planning Grant Program (APGP) grant in the amount of $497,042, and to execute any resulting grant agreement, for the duration of August 31, 2023 through January 31, 2026.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Adopted Resolution No. 70,998–N.S.

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Tuesday, July 25, 2023 MINUTES Page 13

21. Authorize an Agreement with AC Transit to Provide Funding for Transit Shelter Maintenance
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to enter into a funding agreement between the City of Berkeley and the Alameda-Contra Costa Transit District (AC Transit) to provide an amount not to exceed $110,000 over five years to support transit shelter and bench maintenance.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 70,999–N.S.

22. Contract No. 32100127 Amendment: Benefit Resource, Inc. for Third-Party Administrator of the Employee Commute Benefit Program
From: City Manager
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 an amount not to exceed $50,000 for a total contract not to exceed of $100,000 and extending the term through February 28, 2025.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,000–N.S.

23. Contract No. 32000128 Amendment: WSP USA Environment & Infrastructure Inc. (formerly Wood Environment & Infrastructure Solutions, Inc.) for On-Call Environmental Consulting Services
From: City Manager
Recommendation: Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32000128 with 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.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,001–N.S.

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Tuesday, July 25, 2023 MINUTES Page 14

24. Contract No. 32000145 Amendment: Zonar Systems, Inc. for Global Positioning System Telematics Program
From: City Manager
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.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,002–N.S.

25. Contract No. 32100070 Amendment: Urban Ore, Inc. for Salvage Operations at the City of Berkeley Transfer Station
From: City Manager
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.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,003–N.S.

26. Contract: R & S Erection of Richmond, Inc. for On-Call Roll Up Door and Gate Maintenance and Replacement
From: City Manager
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.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,004–N.S.

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Tuesday, July 25, 2023 MINUTES Page 15

27. Contract: Wood Rodgers, Inc. for Stormwater Master Plan From: City Manager
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.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,005–N.S.

28. Contract: Disability Access Consultants for On-Call American with Disabilities Act Consulting Services
From: City Manager
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.

Financial Implications: See report
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Adopted Resolution No. 71,006–N.S.

29. Audit Status Report: Underfunded Mandate: Resources, Strategic Plan, and Communication Needed to Continue Progress towards the Year 2020 Zero Waste Goal (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee)
From: City Manager
Recommendation: See policy committee recommendation.

Policy Committee Recommendation: Send the item to Council with a positive recommendation.

Financial Implications: None
Contact: Liam Garland, Public Works, (510) 981-6300
Action: Accepted the item as recommended by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee.

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Tuesday, July 25, 2023 MINUTES Page 16

30. Audit Status Report: Unified Vision of Zero Waste Activities Will Help Align Service Levels with Billing and Ensure Customer Equity (Reviewed by the Facilities, Infrastructure, Transportation, Environment & Sustainability Committee) From: City Manager
Recommendation: See policy committee recommendation.

Policy Committee Recommendation: Send the item to Council with a positive recommendation.

31. Resolution to Adopt a City-Wide “Care First, Jails Last” Policy From: Mental Health Commission
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.

Financial Implications: See report
Contact: Jamie Works-Wright, Commission Secretary, (510) 981-5400 Action: Adopted Resolution No. 71,007–N.S. amended to change the reporting period from three months to six months in the sixth and seventh resolved clauses; amended the final resolved clause to read as follows:

BE IT FURTHER RESOLVED that in conjunction with adopting this "Care First, Jails Last" resolution, the City Council of the City of Berkeley refers to the City Manager a request for 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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Council Consent Items
Tuesday, July 25, 2023 MINUTES Page 17

32. Young Lives Matter Foundation Walk for Peace: Relinquishment of Council Office Budget Funds from General Funds and Grant of Such Funds From: Councilmember Taplin (Author), Councilmember Harrison (Co-Sponsor) 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: Councilmember’s Discretionary Fund - $500 Contact: Terry Taplin, Councilmember, District 2, (510) 981-7120 Action: Adopted Resolution No. 71,008–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Mayor Arreguin - $500; Councilmember Humbert - $500; Councilmember Hahn - $300; Councilmember Bartlett - $200; Councilmember Robinson - $500; Councilmember Wengraf - $500.

33. Resolution to Initiate Berkeley Farmers’ Market Week From: Councilmember Bartlett (Author), Mayor Arreguin (Co-Sponsor), Councilmember Harrison (Co-Sponsor), Councilmember Hahn (Co-Sponsor) Recommendation: Adopt a resolution to officially proclaim the first week of August as Berkeley Farmers’ Market Week.

Financial Implications: None
Contact: Ben Bartlett, Councilmember, District 3, (510) 981-7130 Action: Adopted Resolution No. 71,009–N.S.

34. Commemoration of the 100th Anniversary of the 1923 Berkeley Fire:

Relinquishment of Council Office Budget Funds from General Funds and Grant Such Funds
From: Councilmember Wengraf (Author), Councilmember Harrison (Co- Sponsor), Councilmember Hahn (Co-Sponsor), Mayor Arreguin (Co-Sponsor) 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: Councilmembers' Discretionary Funds - $500 Contact: Susan Wengraf, Councilmember, District 6, (510) 981-7160 Action: Adopted Resolution No. 71,010–N.S. revised to include contributions from the following Councilmembers up to the amounts listed: Mayor Arreguin - $500; Councilmember Hahn - $500; Councilmember Bartlett - $200; Councilmember Robinson - $250; Councilmember Taplin - $500.

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Tuesday, July 25, 2023 MINUTES Page 18

35. Resolution Supporting the Unionization of Peet’s Coffee Workers From: Councilmember Robinson (Author), Councilmember Hahn (Co-Sponsor), Councilmember Humbert (Co-Sponsor), Mayor Arreguin (Co-Sponsor) Recommendation: Adopt a Resolution in support of workers at Peet’s Coffee unionizing under the Industrial Workers of the World IU 460 Financial Implications: None
Contact: Rigel Robinson, Councilmember, District 7, (510) 981-7170 Action: Adopted Resolution No. 71,011–N.S.

Action Calendar – Public Hearings

36. 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 From: City Manager
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.

Financial Implications: See report
Contact: Jordan Klein, Planning and Development, (510) 981-7400 Action: Item continued to September 19, 2023 to be heard as the first item on the Action Calendar.

Action Calendar – New Business

37. Adopting the Affordable Housing Framework for Development at the North Berkeley BART Station Area
From: City Manager
Recommendation: Adopt a Resolution:

1. Adopting the framework for City subsidy of affordable housing at the North Berkeley BART station area.

2. Authorizing the City Manager or her designee to execute all original or amended documents or agreements to effectuate this action.

Financial Implications: See report
Contact: Lisa Warhuus, Health, Housing, and Community Services, (510) 981-5400 Action: Moved to Consent Calendar. Adopted Resolution No. 71,012–N.S. and approved the recommendation.

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Action Calendar – New Business
Tuesday, July 25, 2023 MINUTES Page 19
38a. Surveillance Ordinance items related to Fixed Automated License Plate Readers (ALPRs)
From: City Manager
Recommendation: Adopt a Resolution accepting the proposed policies and acquisition report for the use of fixed automated license plate readers (ALPRs).

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
38b. Police Accountability Board (PAB) response to Surveillance Ordinance items related to Fixed Automated License Plate Readers (ALPRs) From: Police Accountability Board
Contact: Hansel Aguilar, Police Accountability Board, (510) 981-4960 Action: M/S/C (Arreguin/Hahn) to suspend the rules and extend the meeting to 11:30 p.m.

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

Action: M/S/C (Kesarwani/Hahn) to suspend the rules and extend the meeting to 11:45 p.m.

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

Action: M/S/C (Wengraf/Kesarwani) to call for the previous question.

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

Action: 37 speakers. M/S/C (Taplin/Humbert) to adopt Resolution No. 71,013–N.S. in Item 38a. Further, provide direction for the City Manager to include the metrics recommended by the Police Accountability Board in the report that is developed after the initial two-year period (Tracking the Number of Hits, Hit Rate, Hit Quality, Number of Arrests, Recovery Rates of Stolen Vehicles, Time to Locate, Case Clearance Rates)
Vote: Ayes – Kesarwani, Taplin, Wengraf, Robinson, Humbert, Arreguin; Noes – Bartlett; Abstain – Hahn; Absent – Harrison.

39. Assembly Bill 481, 2022 Annual Military Equipment Report From: City Manager
Recommendation: Adopt a Resolution approving the 2022 Annual Military Equipment Report.

Financial Implications: See report
Contact: Jennifer Louis, Police, (510) 981-5900
Action: Moved to Consent Calendar. Adopted Resolution No. 71,014–N.S.

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Council Action Items
Tuesday, July 25, 2023 MINUTES Page 20

40. Waivers for Woolsey Gardens Affordable Housing Project From: Mayor Arreguin (Author), Councilmember Harrison (Co-Sponsor) Recommendation: Pursuant to Berkeley Municipal Code (BMC) Section 22.20.070 and/or 22.20.080, adopt a Resolution approving the following requests from Northern California Land Trust for the Woolsey Gardens affordable housing project at 3120- 3130 Shattuck: 1. Waive the requirement in BMC Section 23C.12.070(C)(4) in force at the time of entitlement that subsequent purchasers of inclusionary units in limited equity housing cooperatives have a yearly gross income of no more than 44 percent of the cost of a unit at the time of sale. 2. Approve the provision of an additional inclusionary unit instead of paying the in-lieu fee equivalent of .44 units as required by BMC Section 23.C.12.040(E) in force at the time of entitlement.

Financial Implications: See report
Contact: Jesse Arreguin, Mayor, (510) 981-7100
Action: Moved to Consent Calendar. Adopted Resolution No. 71,015–N.S.

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

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

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

Adjourned at 11:28 p.m.

I hereby certify that the forgoing is a true and correct record of the regular meeting held on July 25, 2023.
_________________________
Mark Numainville, City Clerk
Communications
Item #37: Adopting the Affordable Housing Framework for Development at the North Berkeley BART Station Area

1. Paul Widess

2. Marianne Betterly

3. Karen Eisenstadt

4. David Rice

5. T. Anne Richards

6. Marice Ashe

7. Kathryn Malone

8. Leonard Mudrock

9. Lonnie Wankel

10.Joan Hamilton

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Tuesday, July 25, 2023 MINUTES Page 21

11.Mary Lai

12.Toby Salk

13.Helga Recke and Peter Ewell

14.Laura Garcia Moreno

15.Kori Kody

16.Chris Witt

17.Walter Wood

18.Laura Ide

19.Katherine Kunhiraman

20.Nicole Corsini

21.Richard Laden and Marie-Paule Laden

22.Laura Klein

23.Carol Hirth

24.Vicki Sommer (2)

25.Seth Kimball

26.Leni Siegel

27.Alisa Foster and Family

28.Lunda Caesara

29.Abe Hardin

30.Harvey Smith

31.Leonard Mudrock
Item #38: Surveillance Ordinance items related to Fixed Automated License Plate Readers (ALPRs)

32.Tobey White

33.Hansel Aguilar, on behalf of the Police Accountability Board (3)

34.Christine Schwartz

35.David Freeling

36.Sean Gibson

37.Sara Pierre

38.Dorothea Dorenz

39.Margaret Wellons

40.Patrick McCully

41.Zach Franklin

42.Eric Lee

43.Margaret Flaherty
Hopkins Corridor

44.Margo Smith

45.Virginia Kamp

46.Cindi Goldberg
Thank You Berkeley Police Department

47.TK Alexander

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Police Accountability Board

48.Fran Haselsteiner

49.Hansel Aguilar, on behalf of the Police Accountability Board Racehorse Protection

50.Carla Cabral

51.Bonnie Klapper

52.Kevin Korevaar-Plesniak

53.Gayle Paul

54.Joyce Lipener

55.Sheri Graeber

56.Diana Deikman

57.Karin Nelson

58.Kimberlee Krok

59.Ginnysue57

60.Linda Reilly

61.Yasirah Vaughn
Oppose AB 965

62.Richard Tamm

63.Martin Bernbaum
People’s Park Protestors

64.Lorranie Mahley
Street Repair Money

65.S. Entsistle
1740 San Pablo Avenue New Construction – Funding Application

66.Rachel Durney, on behalf of NorCal Development, BRIDGE Abatement Notice: 1510 Rose Street #A

67.Sara Kershnar (2)
Upcoming Sewer Rehabilitation Work at California and Prince

68.Dan Bristol

69.Joseph Griffin
Claremont Hotel – Adjacent Strip Needs Work

70.Jo Farmer
Trash Not Being Picked Up Again

71.Wenter S, on behalf of Third Culture Bakery (2)

72.Berkeley’s Mayor’s Office

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Tuesday, July 25, 2023 MINUTES Page 23
Perimeter Trail at Cesar Chavez Park

73.Rachel Bradley
Curb Cuts – Thank You

74.Laura Bates
Safety Hazards at Willard Park

75.Kristen Boyd
Pump Out Services for RV’s

76.Ellen Fullman
Aquatic Center

77.Natasha Hains
Fireworks

78.Pamela Michaud (3)

79.Sarah Garrett

80.Colleen McCann

81.Mike Kim

82.Sandra Blair

83.Carol Cohen
City’s Subcontractor Weeding the Spruce and Vine Traffic Circle

84.Fred Dodsworth
URL’s Only

85.Vivian Warkentin (3)
Supplemental Communications and Reports 1
Item #38a: Surveillance Ordinance items related to Fixed Automated License Plate Readers (ALPRs)

86.Supplemental material, submitted by Councilmember Taplin

87.N. Pauline

88.Kelly Hammargren

89.Summer Brenner

90.Gael Alcock

91.Shok Saidmuradov

92.American Civil Liberties Union
Item #38b: Police Accountability Board (PAB) response to Surveillance Ordinance items related to Fixed Automated License Plate Readers (ALPRs)

93.Supplemental material, submitted by the Police Accountability Board

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Supplemental Communications and Reports 2
Item #19: $5.5M Loand for D and E Dock Project in Berkeley Marina

94.Revised material submitted by Parks, Recreation, and Waterfront Department

95.Claudia Kawczynska
Item #27: Contract: Wood Rodgers, Inc. for Stormwater Master Plan

96.Susan Schwartz, on behalf of Friends of Five Creeks
Item #37: Adopting the Affordable Housing Framework for Development at the North Berkeley BART Station Area

97.Melanie Lawrence and John Smail

98.Andrea Altschuler
Item #38a: Surveillance Ordinance items related to Fixed Automated License Plate Readers (ALPRs)

99.David Davis
100. Christopher Horgan
101. Charles Denton
102. Patrick Golier
103. Jonas Jackel
104. Ben Shababo
105. Peter Hosemann
106. Katie Wolf
107. Diane Gerstler
108. Rachel Tobey
109. Isabelle Gaston, Steve Robey
110. Katinka Wyle
111. Joanne Rucker
112. Winthrop Williams
113. Don and Becky Grether
114. Tom Vargo
115. JP Massar
116. Leslie A. Sakai
117. Kelly Hammargren
118. Kyra Subbotin
119. Gunther Stein
120. Lisa Mirkovic
121. Sunita Saini
122. Leila Yasin-Gurgen
123. Shannon Curtis
124. Paul Rickey
125. Barbara G Davis
126. Robert Hoffman
127. Rita Zobayan
128. Brian Gilbane
129. Bob Flasher

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Tuesday, July 25, 2023 MINUTES Page 25
130. Lynne Clenfield
131. Suhad Philip
132. Alex Orloff
133. Ginger Ogle
134. Susan Huang
135. Barbara Cohn
136. Jo Ann Driscoll
137. Gary Croner (2)
138. Jose Vilar
139. Jennifer Burt
140. Bob Holloway
141. Monika Eisenbud
142. Louis Fox and Nashua Kalil
143. Gene Meyers
144. Bob Dixon
145. Jill Travis
146. Isaac Turiel
147. David Kestell
148. William E. Horwich
149. Elizabeth Ferguson
150. Jeremy Lent
151. Zipporah Collins
152. Tom Edwards
153. Doug Finley
154. Noelle Vidal
155. 94 similarly-worded form letters
Urgent Item: Grant Allocation: Approve Healthy Berkeley Funding Recommendation for Programs to Reduce Consumption of Sugar-Sweetened Beverages (SSBs) for FY24 and FY25 Grant Cycle
156. Submitted by Sugar-Sweetened Beverage Product Panel of Experts Supplemental Communications and Reports 3
Item #12: Mental Health Services Act (MHSA) Fiscal Years 2024-2026 Three Year Program and Expenditure Plan
157. Revised material, submitted by Health, Housing, and Community Services Item #35: Resolution Supporting the Unionization of Peet’s Coffee Workers 158. Peet’s Labor Union
Item #36: 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 159. Barbara Gilbert
160. TM Scruggs

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Tuesday, July 25, 2023 MINUTES Page 26
Item #38a: Surveillance Ordinance items related to Fixed Automated License Plate Readers (ALPRs)
161. Presentation, submitted by the Berkeley Police
162. Presentation, submitted by the Police Accountability Board 163. Joan Adams
164. Jenny Wenk
165. Juli Dickey
166. Norman Chong
167. Madeline Feingold
168. Becca Freed
169. Sue von Baeyer
170. Alex Merenkow
171. Tracee Farrell
172. Diane Tokugawa
173. Theo Posselt
174. Alice Lee
175. Terrence Regan
176. Atul Walimbe
177. Richard Wallace
178. Desmond Yen
179. Telegraph for People
180. John Caner, on behalf of the Downtown Berkeley Association 181. Todd Andrew
182. Fran Haselsteiner
183. Steve Kromer
184. Eric Friedman
185. Julie McCray
186. Hayne and Catherine Leland
187. Arabelle Malinis and Shawn Jackson
188. Priya Walimbe
189. Eric Friedman
190. Josh Buswell-Charkow
191. Phan Family
192. Nina Lyons
193. Berkeley People’s Alliance
194. Judy Gile
195. Elizabeth Turner
196. Shirley Issel
197. Bohun Kinloch
198. Emily Schory
199. 8 similarly-worded form letters
Urgent Item
Grant Allocation: Approve Healthy Berkeley Funding Recommendation for Programs to Reduce Consumption of Sugar-Sweetened Beverages (SSBs) for FY24 and FY25 Grant Cycle
200. Marin Bourque, on behalf of the Ecology Center

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Tuesday, July 25, 2023 MINUTES Page 27
Excused Absence for Councilmember Kate Harrison
201. Jesse Arreguin, Mayor
Miscellaneous
202. Swanson and McNamara LLP text messages- Anonymous
203. Mr. Eid

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RECOMMENDATION
Adopt a Resolution establishing the City Council regular meeting schedule for 2024, with starting times of 6:00 p.m.

FISCAL IMPACTS OF RECOMMENDATION
None.

BACKGROUND
Pursuant to the Open Government Ordinance, the Council must adopt an annual regular meeting schedule with at least 24 regular meetings. The schedule generally consists of either two or three meetings per month and provides for Spring, Summer and Winter recess periods. Meetings have not been scheduled on City holidays, Election Day or days of major religious/cultural observances that have work restrictions pursuant to Council policy.

Four City Council Worksessions will be scheduled for 2024. The Worksession dates are scheduled for the following dates.
 January 23, 2024
 February 6, 2024
 September 17, 2024
 October 8, 2024
The Mayor or a majority of the Council may call special meetings as needed. The Council may also amend the regular meeting schedule when necessary.

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

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Establish 2024 City Council Meeting Schedule CONSENT CALENDAR September 12, 2023

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CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:
1: Resolution
Exhibit A: 2024 Council Calendar
2: List of Religious/Cultural Observances for 2024

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

ADOPTING THE CITY COUNCIL 2024 REGULAR MEETING SCHEDULE WHEREAS, pursuant to the Open Government Ordinance, the Council must adopt an annual meeting schedule with at least 24 regular meetings; and WHEREAS, the proposed schedule (Exhibit A) provides for regular meetings to occur with starting times of 6:00 p.m. on specified Tuesdays of each month with exceptions provided for recess periods or when a meeting would fall on a City, religious or cultural holiday with work restrictions or Election Day; and
WHEREAS, the Council desires to establish as part of their schedule a Winter, Spring and Summer recess period for 2024; and
WHEREAS, the Mayor or a majority of the Council may call special meetings or revise the regular meeting schedule when necessary.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the Council adopts the 2024 regular meeting schedule on specified Tuesdays at 6:00 p.m. as indicated:

Winter Recess: December 13, 2023 – January 15, 2024
January 16 and January 30, 2024
February 13 and February 27, 2024
March 12 and March 19, 2024
Spring Recess: March 20 – April 15, 2024
April 16, 2024
May 7, May 14, and May 21, 2024
June 4, and June 25, 2024
July 9, July 23 and July 30, 2024
Summer Recess: July 31 – September 9, 2024
September 10 and September 24, 2024
October 1, October 15, and October 29, 2024
November 12, and November 19, 2024
December 3 and December 10, 2024
Winter Recess: December 11, 2024 – January 13, 2025
Exhibit A: 2024 Council Calendar

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City Clerk Department 2024 Council Calendar
(Subject to change. For the latest information, please contact the City Clerk Department, 510-981-6900.)

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Date Time
January
Winter Recess (Dec. 13, 2023 – Jan. 15, 2024)
Jan 16 6:00 p.m.

Jan 30 6:00 p.m.

February
Feb 13 6:00 p.m.

Feb 27 6:00 p.m.

March
Mar 12 6:00 p.m.

Mar 19 6:00 p.m.

April
Spring Recess (March 20 – April 15, 2023)
April 16 6:00 p.m.

May
May 7 6:00 p.m.

May 14 6:00 p.m.

May 21 6:00 p.m.

June
June 4 6:00 p.m.

June 25 6:00 p.m.

July
July 9 6:00 p.m.

July 23 6:00 p.m.

July 30 6:00 p.m.

Summer Recess (July 31 – Sept. 9, 2023)
September
Sept 10 6:00 p.m.

Sept 24 6:00 p.m.

October
Oct 1 6:00 p.m.

Oct 15 6:00 p.m.

Oct 29 6:00 p.m.

November
Nov 12 6:00 p.m.

Nov 19 6:00 p.m.

December
Dec 3 6:00 p.m.

Dec 10 6:00 p.m.

Winter Recess (Dec. 11, 2024 – Jan. 13, 2025)
Exhibit A

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City Policy Regarding the Scheduling of City Meetings on All Significant Religious Holidays Religion Holiday
Shinto New Year 1/1/2024 thru 1/3/2024
Hindu Makar Sankranti 1/14/2024
Cultural Chinese New Year (Eve, Day, Lantern Festival) 2/9, 2/10, 2/24 Isalm Ramadan (Eve & First Night) 3/10/2024 thru 3/11/2024 Jewish* Purim 3/23/2024 thru 3/24/2024
Hindu Holi 3/25/2024
Christian Good Friday 3/29/2024
Christian Easter Sunday 3/31/2024
Islam Eid al-Fitr 4/9/2024 thru 4/12/2024
Jewish Passover (Nights 1, 2, 7, 8) 4/22 - 4/24 & 4/29 - 4/30 Jewish* Yom HaShoah 5/5/2024 thru 5/6/2024
Buddhist Vesak 5/23/2024
Jewish Shavuot 6/11/2024 thru 6/13/2024
Islam Eid al-Adha 6/15/2024 thru 6/19/2024
Jewish* Tish'a B'Av 8/12/2024 thru 8/13/2024
Shinto Obon Ceremony 8/13/2024 thru 8/15/2024
Jewish Rosh Hashanah 10/2/2024 thru 10/4/2024
Jewish Yom Kippur 10/11/2024 thru 10/12/2024
Hindu Dussehra 10/12/2024
Jewish Sukkot (1st Day) 10/16 - 10/18 & 10/23
Jewish Shmini Atzeret/ Simchat Torah 10/23/2024 thru 10/25/2024 Hindu Diwali 10/31/2024
Baha’i Faith Birth of Bab 11/1/2024 thru 11/2/2024
Baha’i Faith Birth of Baja’u’llah 11/2/2024 thru 11/3/2024 Christian Christmas 12/25/2024
Jewish Chanukah (1st night) 12/25/2024
Cultural Kwanzaa 12/26/2024 thru 1/1/2025
Jewish Shabbat (Friday sunset to Saturday sunset) Weekly * No work restriction, but avoid scheduling meetings if possible 2024 Date(s)
Pursuant to Resolution No. 70,066-N.S., it is the policy of the City to avoid scheduling meetings of City Legislative Bodies (City Council, Policy Committees, Commissions, Task Forces) on religious holidays that incorporate significant work restrictions. City legislative bodies must avoid scheduling meetings on the religious holidays listed below.

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RECOMMENDATION
Adopt a Resolution appointing a new member to the Police Accountability Board nominated by Councilmember Humbert.

FISCAL IMPACTS OF RECOMMENDATION
All commissioners are eligible to receive a stipend of $100 per meeting.

CURRENT SITUATION AND ITS EFFECTS
In June of 2021 the Mayor and Members of the City Council nominated and appointed the initial nine members of the PAB and also appointed one alternate commissioner.

There are currently four seats on the PAB that are vacant. The alternate seat is also vacant. In May 2023, Councilmember Humbert did make a new appointment to the PAB, however, that board member decided not to continue his service. Councilmember Humbert has made a new nomination to the PAB.

Commissioner Nominated By
vacant Mayor Arreguin
vacant Councilmember Kesarwani
Regina Harris Councilmember Taplin
John Moore Councilmember Bartlett
Kitty Calavita Councilmember Harrison
Leah Wilson Councilmember Hahn
Juliet Leftwich Councilmember Wengraf
vacant Councilmember Robinson
vacant Councilmember Humbert
vacant Alternate

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Police Accountability Board – Appointment of Members CONSENT CALENDAR September 12, 2023

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Councilmember Humbert has nominated Brent Blackaby to serve on the Police Accountability Board. Mr. Blackaby meets the eligibility criteria in the City Charter and may be appointed by a majority vote of the Council.

The City Charter provides for the appointment of members to the Police Accountability Board. Article XVIII, Section 125, Part 6 states, “The Mayor and each City Councilmember shall nominate one candidate from an applicant pool at a meeting of the City Council and that each individual nominee must be approved by a majority vote of the City Council.”
Members of the Police Accountability Board must:
 Be a resident of the City;
 Be at least 18 years of age
 Not be an employee, officer, or contractor with the City, a current sworn police officer from any agency, or a current employee, official, or representative of an employee association representing sworn police officers; and
 Be fair minded and objective with a demonstrated commitment to community service.

The City Charter indicates that desirable qualities of a Board member are familiarity with human resources, law, police procedures, police oversight, or involvement in civil rights or community organizations and that the City Council shall endeavor to establish a Board that is broadly inclusive and reflective of race, ethnicity, age, gender identity, sexual orientation, economic status, neighborhoods, and various communities of interest in the City.

BACKGROUND
Measure II was adopted on November 3, 2020 by the voters of Berkeley to establish an Office of the Director of Police Accountability and create a new Police Accountability Board (hereafter “Board”), both of which are independent of the City Manager. The members of the Board are approved by vote of the full Council.

All applicants are reviewed and their eligibility is verified by city staff against the requirements of the Charter.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no identifiable effects on sustainability or the environment associated with the recommendation in this report.

RATIONALE FOR RECOMMENDATION
The appointment is provided for by the City Charter and pursuant to the nomination submitted by Councilmember Humbert.

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Police Accountability Board – Appointment of Members CONSENT CALENDAR September 12, 2023

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ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:
1: Resolution

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RESOLUTION NO. -N.S.

APPOINTMENT OF BRENT BLACKABY TO THE POLICE ACCOUNTABILITY BOARD WHEREAS, Measure II was adopted on November 3, 2020 by the voters of Berkeley to create a new Police Accountability Board; and
WHEREAS, Article XVIII, Section 125, Part 6 provides for the Council’s appointment of board members; and
WHEREAS, the Councilmember Humbert has submitted a nominee for appointment by the full council; and
NOW THEREFORE BE IT RESOLVED by the Council of the City of Berkeley that the following applicant is are hereby appointed to the Police Accountability Board:

Nominee Nominated By
Brent Blackaby Councilmember Humbert

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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.berkeleyca.gov

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract with Westcoast Online Information Systems, Inc. dba NetFile for an amount not to exceed $170,700 for the period October 1, 2023 through September 30, 2028 for online campaign report, public financing, and Form 700 filing, processing, web posting, and tracking.

FISCAL IMPACTS OF RECOMMENDATION
Funds to pay for the services in the contract will be paid from General Fund account #011-32-314-000-0000-000-411-611120.

CURRENT SITUATION AND ITS EFFECTS
In accordance with the provisions of the Government Code, the Berkeley Charter, the Municipal Code, and the Conflict of Interest Code, the City Clerk is the Filing Officer for campaign reports for city campaign committees and candidates as well as Form 700 reports filed by commissioners, employees, and consultants. The City Clerk Department also administers the public financing program for city elections.

The City accepts forms from over 40 campaign committees, numerous candidates, and ballot measure committees during an election cycle. The public financing system requires staff to review and process over 50 matching funds requests with hundreds of corresponding transactions. In addition, over 600 Form 700 filers consisting of commissioners, employees and city consultants file their forms electronically with the City. Tracking this volume of filings requires a robust and efficient system such as NetFile.

NetFile allows the City to publicly post campaign disclosure statements and Form 700 instantly after they are filed. In addition, the data in the campaign filings is more searchable and the data can be easily downloaded for analysis by the public.

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Contract: NetFile for Online Campaign Report, Public Financing, and CONSENT CALENDAR Form 700 Filing and Tracking September 12, 2023

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The continued use of the NetFile system is a Strategic Plan Priority Project, advancing our goal to be a customer-focused organization that provides excellent, timely, easily- accessible service and information to the community.

BACKGROUND
The NetFile system has been a proven success for the City since 2007. Over the past 16 years NetFile has worked closely with City staff on the development and improvement of the software. In 2014, NetFile performed significant work to assist with the City’s transition to mandatory electronic filing. After the passage of the public financing program, NetFile completed significant work to tailor a special module for the City to administer the program. This new five-year contract will seamlessly allow the City to continue to use NetFile to maintain a high level of public transparency and process efficiencies through automation.

The NetFile system is web based and hosted by the vendor. The original purchase and use of NetFile in 2007 was approved by the city’s Technology Governance Group, and it has not resulted in additional ongoing workload commitments for IT staff.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Electronic filing of Form 700s, public financing filings, and campaign statements reduces the amount of paper filings as well as vehicle trips to downtown to file forms in person. The automation and electronic disclosure of public information provides greater access with less use of durable resources and fossil fuels.

RATIONALE FOR RECOMMENDATION
As more compliance filings move toward electronic filing, and with the added complexity of the public financing program, an online administrative tool is required to manage the process. The online tool also provides public access and transparency by automatically posting the compliance filings on the web.

ALTERNATIVE ACTIONS CONSIDERED
Revert back to paper-based systems and hire additional FTEs to manage and process the intake and posting of mandated filings.

CONTACT PERSON
Mark Numainville, City Clerk, (510) 981-6900
Attachments:
1: Resolution

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

CONTRACT: WESTCOAST ONLINE INFORMATION SYSTEMS, INC. DBA NETFILE FOR ONLINE CAMPAIGN REPORT, PUBLIC FINANCING, AND FORM 700 FILING

AND TRACKING
WHEREAS, in accordance with the provisions of the Government Code, the Berkeley Charter, the Municipal Code, and the Conflict of Interest Code, the City Clerk is the filing officer for approximately 40 city campaign committees as well as over 600 Form 700 filers; and
WHEREAS, since 2018 the City Clerk Department has administered the public financing program and NetFile completed significant work to tailor a special module for the City to administer the program; and
WHEREAS, tracking this volume of mandated filings requires an automated system that is powerful and efficient; and
WHEREAS, since the implementation of the NetFile in 2007, staff efficiencies have increased, overtime costs have been reduced, errors on campaign filings have decreased, time that it takes to post filings to the web has been shortened, and public access to filings has improved; and
WHEREAS, funds are available in the current year budget in the General Fund, budget code #011-32-314-000-0000-000-411-611120.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract with Westcoast Online Information Systems, Inc. dba NetFile for an amount not to exceed $170,700 for the period October 1, 2023 through September 30, 2028 for online campaign report, public financing, and Form 700 filing and tracking. A record signature copy of said contract and any amendments to be placed on file in the Office of the City Clerk.

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

CONSENT CALENDAR
September 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Henry Oyekanmi, Director, Finance
Subject: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 12, 2023

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

FISCAL IMPACTS OF RECOMMENDATION
Total estimated cost of items included in this report is $9,990,000.

CURRENT SITUATION AND ITS EFFECTS
On May, 6, 2008, Council adopted Ordinance No. 7,035-N.S. effective June 6, 2008, which increased the City Manager’s purchasing authority for services to $50,000. As a PROJECT Fund Source Amount
Derelict Vessel/Debris
Removal & Disposal
607
608
Marina, Dept. B&W
Marina Ops. Fund $90,000
Sanitary Sewer
Rehabilitation Project:

The Alameda, Keeler Ave,
Euclid Ave, et al.
611 Sewer Fund $4,400,000
Sanitary Sewer
Rehabilitation Project:

Virginia Street, Parker
Street, et al
611 Sewer Fund $5,500,000
Total: $9,990,000

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Formal Bid Solicitations and Request for Proposals CONSENT CALENDAR Scheduled for Possible Issuance After Council September 12, 2023 Approval on September 12, 2023
result, this required report submitted by the City Manager to Council is now for those purchases in excess of $100,000 for goods; and $200,000 for playgrounds and construction; and $50,000 for services. If Council does not object to these items being sent out for bid or proposal within one week of them appearing on the agenda, and upon final notice to proceed from the requesting department, the IFB (Invitation for Bid) or RFP (Request for Proposal) may be released to the public and notices sent to the potential bidder/respondent list.

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

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

RATIONALE FOR RECOMMENDATION
Need for the goods and/or services.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Darryl Sweet, General Services Manager, Finance, 510-981-7329 Attachments:
1: Formal Bid Solicitations and Request for Proposals Scheduled for Possible Issuance After Council Approval on September 12, 2023
a. Derelict Vessel/Debris Removal & Disposal
b. Sanitary Sewer Rehabilitation Project: The Alameda, Keeler Ave, Euclid Ave, et al.
c. Sanitary Sewer Rehabilitation Project: Virginia Street, Parker Street, et al Note: Original of this attachment with live signature of authorizing personnel is on file in General Services.

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NEXT 30 DAYS
DATE SUBMITTED: September 12, 2023
Attachment 1

SPECIFICATION
NO.

DESCRIPTION

OF GOODS /

SERVICES
BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX. BID

OPENING
DATE

INTENDED USE ESTIMATED
COST

BUDGET CODE TO

BE CHARGED
DEPT. / DIVISION CONTACT NAME
& PHONE
24-11618-C Derelict
Vessel/Debris
Removal &
Disposal
9/8/23 10/10/2023 This project includes
removal and disposal of
derelict vessels that have
become the property of the
COB through a lien process
or have been surrendered.

This also includes
removal/disposal of in-water
debris including broken
dock sections.
$ 90,000.00 FY24 Budget
SAVE 2022
$60,000
607-52-544-592-
0000-000-472-
612990-
PRWWF23003
Marina Fund Minor
Maintenance
$30,000
608-52-545-000-
0000-000-472-
612990-
PRWWF24001
PRW/
Waterfront
Sean Crothers
x6744
DEPT. TOTAL $90,000
24-11619-C Sanitary Sewer
Rehabilitation
Project:

The Alameda,
Keeler Ave,
Euclid Ave, et al.
9/21/23 10/24/2023 Sewer rehabilitation and
replacement project to
repair and replace old and
deteriorated sewer lines to
fulfill Sewer Consent
Decree requirement.
$ 4,400,000.00 611-54-623-676-
0000-000-473-
665130-
PWENSR2401
PW- Engineering Adadu Yemane
981-6413
Srinivas Muktevi
981-6402
24-11621-C Sanitary Sewer
Rehabilitation
Project: Virginia
Street, Parker
Street, et al
9/20/23 10/26/2023 Sewer rehabilitation and
replacement project to
repair and replace old and
deteriorated sewer lines.
$ 5,500,000.00 611-54-623-676-
3013-000-473-
665130-
($5,500,000)
For reference:

ERMA project code:
(PWENSR2402)
Public Works –
Engineering
Ian Bronswick
981-6399
Daniel Akagi
981-6394
1 of 2

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NEXT 30 DAYS
DATE SUBMITTED: September 12, 2023
Attachment 1
DEPT. TOTAL 9,900,000
TOTAL $9,990,000

SPECIFICATION
NO.

DESCRIPTION

OF GOODS /

SERVICES
BEING

PURCHASED
APPROX.

RELEASE
DATE
APPROX. BID

OPENING
DATE

INTENDED USE ESTIMATED
COST

BUDGET CODE TO

BE CHARGED
DEPT. / DIVISION CONTACT NAME
& PHONE
2 of 2

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CONSENT CALENDAR
September 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Fire Chief
Subject: Contract: Swifthawk LLC for Project Management & Consulting

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Swifthawk, LLC (Contractor) to provide project management and consulting services for the Fire Department (Department) from August 7, 2023 to August 31, 2025 in an amount not to exceed $600,000.

FISCAL IMPACTS OF RECOMMENDATION
The term of this contract ran from August 7, 2023 to August 31, 2025 in the amount not to exceed $600,000. Funding for this contract are from Measure FF.

CURRENT SITUATION AND ITS EFFECTS
Due to unforeseen and sudden challenges with the original contracted vendor, these services will be transferred to Swifthawk, LLC. The original contract has been an invaluable resource to the Department. The project management and consulting support has made it possible for the Department to launch the FireSafe Berkeley program, improve recruitment strategies, engage in the dispatch needs analysis, apply for multiple grants to support staffing, wildfire prevention and employee health, and engage in a variety of other high-profile projects and programs. The Department is in the midst of a number of large project roll-outs that are running in parallel to one another and the continued project management and consulting support from this contract is critical to success.

BACKGROUND
The Department worked with General Services to release Specification No. 21-11457-C for Fire Department Project Management & Consulting on May 20, 2021 with proposals due on June 22, 2021. Although there were six vendors that attended the question and answer meeting, the City did not receive any responses. Because of the scope and timelines associated with the Department’s re-design work, and due to a lack of proposals from the RFP process, the Department requested General Services and City Manager approval for a waiver of competition, which was approved on September 3, 2021. On December 14, 2021, Council adopted Resolution No. 70,151–N.S.,

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Contract: Swifthawk LLC for Project Management & Consulting

CONSENT CALENDAR
September 12, 2023

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authorizing the City Manager to execute a contract and any amendments with Ganey Science for Project Management & Consulting. Due to unforeseen circumstances that were not predicted by Ganey Science or the Department, Ganey is unable to continue to deliver a majority of the required scope of work and has agreed that Swifthawk, LLC will assume a majority of the work for the duration of the contract term.

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

RATIONALE FOR RECOMMENDATION
The City conducted a competitive bid process and received no responses. The Department has a critical business and operational need for this type of expertise and support. The current contractor is no longer able to provide these services.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

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

CONTRACT: SWIFTHAWK LLC FOR PROJECT MANAGEMENT & CONSULTING WHEREAS, the City released Specification No. 21-11457-C for Fire Department Project Management & Consulting on May 20, 2021 with proposals due on June 22, 2021, and WHEREAS, although there were six vendors that attended the question and answer meeting, the City did not receive any responses, and
WHEREAS, because of the scope and timelines associated with the Department’s re- design work, and due to a lack of proposals from the RFP process, the Department requested General Services and City Manager approval for a waiver of competition, which was approved on September 3, 2021, and
WHEREAS, on December 14, 2021, Council adopted Resolution No. 70,151–N.S., authorizing the City Manager to execute a contract and any amendments with Ganey Science for Project Management & Consulting, and
WHEREAS, due to unforeseen and sudden challenges with the original contracted vendor, these services will be transferred to Swifthawk, LLC.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley adopt a Resolution authorizing the City Manager to execute a contract and any amendments with Swifthawk, LLC to provide project management and consulting services for the Fire Department from August 7, 2023 to August 31, 2025 in an amount not to exceed $600,000.

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CONSENT CALENDAR
September 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: David Sprague, Fire Chief, Fire Department Subject: Contract No. 32300094 Amendment: Restoration Family Counseling Center for Counseling, Education and Support

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300094 for Counseling, Education and Support for the Fire Department (Department); with Restoration Family Counseling Center Inc. (RFCC), increasing the total contract amount from $80,000 to $308,000.

FISCAL IMPACTS OF RECOMMENDATION
The original term of this contract is from December 1, 2022 through November 30, 2024 in an amount not to exceed $80,000. This amendment will increase the value for that period from $80,000 to $128,000. If the two-year extension is enacted from December 1, 2024 through November 30, 2026, the total value of that term shall not exceed $180,000. The total contract shall not exceed $308,000. Funding is budgeted in Measure FF and the General Fund.

CURRENT SITUATION AND ITS EFFECTS
This contract amendment supports the Employer of Choice Initiative by providing training and support directly to Berkeley’s first responders. This is a pilot program that is on the progressive edge of municipal recognition and support of preventing and mitigating the impacts the career can have to employee’s mental health.

The amendment will provide over 200 hours annually of clinical counseling services provided by RFCC’s master’s and doctorate level clinicians. These counselors are specially trained and equipped to help first responders.

BACKGROUND
The link between workplace experiences encountered during a career in emergency services and mental health problems is now well documented. PTSD and depression rates among firefighters have been found to be as much as five times higher than the rates within the civilian population. Providing early intervention following traumatic

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Contract No. 32300094 Amendment: Restoration Family Counseling Center for Counseling, Education and Support

CONSENT CALENDAR
September 12, 2023

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incidents, and having an established peer-based counseling service are two key ways to prevent the progression of mental health problems in the workforce.

RFCC is composed of professional staff who were influential founders and continue to be active participants in the West Coast Post Trauma Retreat (WCPR). WCPR is the gold standard in-patient, residential crisis treatment center for first responders on the West Coast. This group of clinicians within a geographic region that allows them to respond 24/7 within 30 minutes, has unique and relevant experience, and is able to respond to the unpredictable and often off hours nature of Department requests for assistance.

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

RATIONALE FOR RECOMMENDATION
Spending a career in public safety is extremely rewarding, but also has acute and cumulative impacts to employee’s mental health. It is the obligation of the employer to prevent and mitigate these impacts through education and post incident support.

Department efforts continue progress with the goal of reducing lost time, decreasing the number of workers compensation claims, and improving the mental health and resiliency of City of Berkeley employees.

ALTERNATIVE ACTIONS CONSIDERED
None.

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

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Contract No. 32300094 Amendment: Restoration Family Counseling Center for Counseling, Education and Support

CONSENT CALENDAR
September 12, 2023

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

CONTRACT AMENDMENT: RESTORATION FAMILY COUNSELING CENTER FOR

COUNSELING, EDUCATION AND SUPPORT
WHEREAS, the link between workplace experiences encountered during a career in emergency services and mental health problems is now well documented. PTSD and depression rates among firefighters have been found to be as much as five times higher than the rates within the civilian population. Providing early intervention following traumatic incidents, and having an established peer-based counseling service are two key ways to prevent the progression of mental health problems in the workforce, and WHEREAS, Restoration Family Counseling Center Inc. (RFCC) is composed of professional staff who were influential founders and continue to be active participants in the West Coast Post Trauma Retreat (WCPR). WCPR is the gold standard in-patient, residential crisis treatment center for first responders on the West Coast. This group of clinicians within a geographic region that allows them to respond 24/7 within 30 minutes, has unique and relevant experience, and is able to respond to the unpredictable and often off hours nature of Department requests for assistance, and WHEREAS, this contract amendment supports the Employer of Choice Initiative by providing training and support directly to Berkeley’s first responders. This amendment will provide over 200 hours annually of clinical counseling services provided by RFCC’s master’s and doctorate level clinicians. These counselors are specially trained and equipped to help first responders. This is a pilot program that is on the progressive edge of municipal recognition and support of preventing and mitigating the impacts the career can have to employee’s mental health; and
WHEREAS, Funding is budgeted in Measure FF and the General Fund.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley adopt a Resolution authorizing the City Manager to execute an amendment to Contract No. 32300094 for Counseling, Education and Support for the Fire Department; with Restoration Family Counseling Center Inc., increasing the total contract amount from $80,000 to $308,000 with funds from Measure FF and the General Fund.

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CONSENT CALENDAR
September 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Dr. Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Accept Future of Public Health Funds from the State of California

RECOMMENDATION
Adopt a Resolution authorizing the City manager to submit grant agreements to the State of California, to accept the grants, and to execute any resultant revenue agreements and amendments for the Future of Public Health program for an amount of $912,213 for each of the following: Fiscal Year 2024, Fiscal Year 2025, and Fiscal Year 2026.

FISCAL IMPACTS OF RECOMMENDATION
The City’s award for each Fiscal Year is $912,213 and needs to be expended by June 30th or the last day of each of the following: Fiscal Year 2024, Fiscal Year 2025, and Fiscal Year 2026.

Funding will be recommended for appropriation through the first amendment to the appropriations ordinance in the State Operating Grant Fund (Fund 302).

CURRENT SITUATION AND ITS EFFECTS
The State’s Budget Act of 2022 created a new funding stream called the Future of Public Health, intended to support and grow California’s public health infrastructure. The funds are in the budget baseline and are planned to be an ongoing source of funding.

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

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

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

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Accept Future of Public Health Funds from CONSENT CALENDAR the State of California September 12, 2023

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

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

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

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

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

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

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

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Kellie Knox, Future of Public Health Coordinator, HHCS, (510) 981-5301 Attachments:
1: Resolution

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

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

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is hereby authorized to submit grant agreements to the State of California, to accept the grants, and execute any resultant revenue agreements and amendments for the Future of Public Health program for an amount of $912,213 annually in Fiscal Year 2024, Fiscal Year 2025 and Fiscal Year 2026. Funding will be recommended for appropriation through the first amendment to the appropriations ordinance in the State Operating Grant Fund (Fund 302) A record signature copy of said agreements and any amendments shall be on file in the office of the City Clerk.

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CONSENT CALENDAR
September 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Lisa Warhuus, Director, Health, Housing, and Community Services Subject: Taxi Scrip Redemption Window Cash Drawer Increase

RECOMMENDATION
Adopt a Resolution authorizing City Manager or her designee to increase the cash drawer amount for the weekly Taxi Scrip Redemption window from $15,000 to $20,000.

FISCAL IMPACTS OF RECOMMENDATION
Funding in the amount of $500,000 for the cash drawer increase is available in the Aging Services Division’s Measure BB Fund (Fund 136).

CURRENT SITUATION AND ITS EFFECTS
The current cash drawer amount allows the Aging Services Division’s Berkeley Rides for Seniors & the Disabled (BRSD) program to disburse $1,000 per driver, one day per week, to taxi drivers redeeming taxi scrip. With an increase in taxi scrip distribution to program participants, and twenty-three (23) current permitted taxi drivers, disbursable funds are often depleted before the close of business. This results in non-payment or partial payment to some taxi drivers.

BACKGROUND
City Council approved current cash drawer amount of $15,000 on January 23, 2018.

Transportation is one of the most significant issues facing seniors and people with disabilities. To address this need, Alameda County voters approved the passage of Measure BB in 2014, which enables the Alameda County Transportation Commission to continue to administer the proceeds from the one-half cent transportation sales tax from Measure BB. The inception date for Measure BB began on April 1, 2015.

Measure BB Funds are a critical resource in the Berkeley community to support the needs of disabled and senior Berkeley residents. The City of Berkeley utilizes these funds to administer the BRSD Taxi Scrip and High Medical Need Taxi Scrip (supplemental taxi scrip) Program through the Aging Services Division, which increases transportation options for disabled and senior community members in Berkeley.

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Taxi Scrip Redemption Window Cash Drawer Increase CONSENT CALENDAR September 12, 2023

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ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
Taxi transportation allows the disabled and senior residents of Berkeley to engage with the community and potentially rideshare.

RATIONALE FOR RECOMMENDATION
Berkeley taxi drivers are required by Berkeley Municipal Code Ordinance 7336 to provide service to recipients of BRSD taxi scrip. The current Taxi Scrip Redemption Window cash drawer amount allows BRSD to disburse $1,000 per driver, one day per week, to taxi drivers redeeming taxi scrip vouchers. However, the current amount does not meet the current need. By increasing the cash drawer amount, BRSD will be able to ensure all taxi drivers receive the full amount of their allowable weekly cash disbursement.

ALTERNATIVE ACTIONS CONSIDERED
Not increasing the weekly cash drawer amount can result in some drivers not getting their allowable weekly disbursement of $1,000.

CONTACT PERSON
Mary Triston, Transportation Services Coordinator, HHCS, 510-981-5135 Attachments:
1: Resolution

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

INCREASE BERKELEY RIDES FOR SENIORS & THE DISABLED TAXI SCRIP

REDEMPTION WINDOW CASH DRAWER AMOUNT
WHEREAS, the City of Berkeley Municipal Code Ordinance 7,336-NS requires taxi drivers to accept Berkeley Rides for Seniors & the Disabled Taxi Scrip as payment for services; and
WHEREAS, Alameda County voters passed Measure BB in 2014, which enables the Alameda County Transportation Commission to continue to administer the proceeds from the one-half cent transportation sales tax Measure; and WHEREAS, Berkeley taxi drivers are providers of critical transportation services to disabled and senior Berkeley residents; and
WHEREAS, City Council approved current cash drawer amount of $15,000 on January 23, 2018; and
WHEREAS, funding in the amount of $500,000 for the cash drawer increase is available in the Aging Services Division’s Measure BB Fund Account 136-51-505-542-2038-000- 444.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to increase the weekly Taxi Redemption Window cash drawer amount to $20,000. A record signature copy of said contract and any amendments to be on file in the City Clerk Department.

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RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract and any amendments with The Housing Workshop to provide policy model research and market analysis to inform social housing initiatives for the Department of Health, Housing, and Community Services (HHCS) from September 13, 2023 to September 13, 2024 in an amount not to exceed $175,000.

FISCAL IMPACTS OF RECOMMENDATION
The term of this contract is from September 13, 2023 to September 13, 2024. Funding for the development of a social housing policy was included within the FY 2023 Adopted Budget. The funding for the Social Housing Models & Market Analysis project will be requested as a carryover as part of the first amendment to the Annual Appropriation Ordinance.

CURRENT SITUATION AND ITS EFFECTS
On November 9, 2021, the Berkeley City Council adopted Resolution 70,101–N.S. recognizing housing as a human right, and referred to the City Manager’s Office several measures to begin developing social housing in the City of Berkeley.

The City sought a qualified firm to assist with two components of this referral:
 A study of potential social housing models for the City of Berkeley, including the possibility of a Reparative Justice Revolving Loan Fund for social housing; and  A study on the development potential, including density bonuses, for mixed- income social housing development, including a case study on 1-2 city-owned parcels. Models should maximize cross subsidies to balance a project’s ability to serve a range of lower AMI households while being financially self-sustaining.

RFP Specification No. 23-11580-C was released on April 4, 2023 seeking consulting services to conduct market analysis on social housing models. Four proposals were

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Contract: The Housing Workshop for Social Housing Models & Market Analysis CONSENT CALENDAR September 12, 2023

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submitted by the May 9, 2023 deadline. The selection committee was comprised of a Senior Community Development Project Coordinator and two Community Development Project Coordinators from HHCS/HCS, a Planning Manager from the Department of Planning and Development, and the Executive Director of Berkeley Housing Authority.

The committee selected The Housing Workshop, with Urban Math and PlaceWorks as subcontractors, as the most qualified applicant. Staff request this contract authorization in order to initiate work with The Housing Workshop to produce a report on policy model research and market analysis to inform social housing initiatives, as well as to conduct stakeholder engagement.

Social Housing supports the Strategic Plan Priority Project to create affordable housing and housing support service for our most vulnerable community members.

BACKGROUND
There are multiple definitions for social housing. Common characteristics include public or social ownership (e.g., by a nonprofit, cooperative, or community land trust); permanent affordability; mixed-income developments; and resident governance.

HCS Staff and The Housing Workshop will work together to examine social housing concepts and how they can be applied to Berkeley via policy research, stakeholder engagement, and market analysis/site studies.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
There are no specific environmental sustainability and climate impacts associated with this contract. Social housing best practices include climate-friendly architectural innovation. This study will assist with the implementation of social housing initiatives in Berkeley.

RATIONALE FOR RECOMMENDATION
The City conducted a competitive bid process and the application from The Housing Workshop, with Urban Math and PlaceWorks as subcontractors, successfully met the bid requirements and ranked highest among all bidders given their knowledge of Berkeley’s existing affordable housing initiatives and applicable experience working on similar projects with other jurisdictions in California.

ALTERNATIVE ACTIONS CONSIDERED
The Review Committee did not find the three other proposals received in response to the RFP to offer the same breadth of experience and local knowledge as the selected team.

CONTACT PERSON
Anna Cash, Community Development Project Coordinator, HHCS, (510) 981-5403 Mike Uberti, Sr. Community Development Project Coordinator, HHCS, (510) 981-5114

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Contract: The Housing Workshop for Social Housing Models & Market Analysis CONSENT CALENDAR September 12, 2023

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Attachments:
1: Resolution

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

CONTRACT: THE HOUSING WORKSHOP FOR SOCIAL HOUSING MODELS AND

MARKET ANALYSIS
WHEREAS, the City of Berkeley issued a Request for Proposals (RFP) to obtain consulting services to conduct Social Housing Models and Market Analysis; and WHEREAS, the City conducted RFP Specification No. 23-11580-C with proposals due no later than May 9, 2023; and
WHEREAS, the City received four proposals in response to this RFP; and WHEREAS, the City conducted a competitive bid process and an application from The Housing Workshop, with Urban Math and PlaceWorks as subcontractors, successfully met the bid requirements.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments with The Housing Workshop to provide consulting services to conduct Social Housing Models and Market Analysis from September 13, 2023 to September 13, 2024 in an amount not to exceed $175,000.

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RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute an expenditure agreement, and any amendments or extensions, with Persimmony International for ongoing system maintenance of web-based Medi-Cal Administrative Activities (MAA) time study documentation, and Targeted Case Management (TCM) documentation.

The contract will be in an encumbered amount of $289,011 for the period July 1, 2023 through June 30, 2027.

FISCAL IMPACTS OF RECOMMENDATION
Funding in the amount of $53,359 will be available in Fiscal Year 2024 in the Aging Services Targeted Case Management fund (Fund 313) to support time studying and case management services. Future funding is subject to appropriation in the FY 2025 - 2027 budget(s) in the Aging Services Targeted Case Management fund (Fund 313).

CURRENT SITUATION AND ITS EFFECTS
The electronic time studying and case management system contract with Persimmony International will enable the Aging Services and Public Health Divisions to accurately code and document time study activities, as well as conduct timely case management documentation, both in the office and in the field. The web-based software also enables staff to run monthly, quarterly, and yearly reports, required for MAA and TCM invoicing to the state, and MAA and TCM quality assurance.

BACKGROUND
Persimmony International, a City vendor, has been providing web-based software, ongoing system maintenance, and technical assistance to support the MAA and TCM programs of both the Aging Services and Public Health Divisions in the Health, Housing, and Community Services Department since 2018. MAA and TCM are federally- reimbursable programs that directly support Medi-Cal services to clients.

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Expenditure Contract: Persimmony International for Electronic Medi-Cal CONSENT CALENDAR Administrative Activities and Targeted Case Management Documentation September 12, 2023

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The original contract was managed by the Information Technology Department. The Aging Services Division will manage the contract partnership with Persimmony International beginning in FY2024.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
A web-based time studying and case management system significantly reduces the use of paper products by enabling staff to enter time studies, and run reports, online. This allows for electronic submission of reports and supporting documentation directly to the state.

RATIONALE FOR RECOMMENDATION
Persimmony International is a current City vendor that hosts a web-based electronic time studying and case management system. They also provide ongoing system maintenance and upgrades, as well as responsive technical support. They work closely with local jurisdictions to make technical adjustments to the software to best meet reporting and invoicing needs.

ALTERNATIVE ACTIONS CONSIDERED
The City could not provide essential Medi-Cal administrative activities and case management services without the ability to document these activities and services, and submit this documentation for reimbursement. Web-based electronic documentation facilitates staff workload and increases efficiency; paper-based documentation would place larger time, energy, and office space burdens on the programs. Additionally, Persimmony’s web-based documentation system is well-established to meet the time study and case management needs of local jurisdictions, and they have an established working relationship with the California Department of Health Care Services.

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

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

CONTRACT: PERSIMMONY INTERNATIONAL FOR ELECTRONIC MEDI-CAL

ADMINISTRATIVE ACTIVITIES AND TARGETED CASE MANAGEMENT

DOCUMENTATION
WHEREAS, Persimmony International has provided the Aging Services and Public Health Divisions of the Health, Housing, and Community Services Department with web-based Medi-Cal Administrative Activities (MAA) time study documentation, and Targeted Case Management (TCM) documentation since 2018; and
WHEREAS, Persimmony’s web-based software allows staff to accurately code and document time study activities, conduct timely case management documentation, and generate reports required for program invoicing to the state; and WHEREAS, first year funding in the amount of $53,359 is available in the Fiscal Year 2024 budget in Aging Services Targeted Case Management Fund Account 313-51-505- 548-2071-000-444-; and
WHEREAS, first year funding is available in the Fiscal Year 2024 budget in Aging Services Targeted Case Management Fund Account 313-51-505-548-2071-000-444-; and
WHEREAS, future funding is subject to appropriation in the FY 2025 -2027 budget(s) in the Aging Services Targeted Case Management fund (Fund 313).

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract and any amendments, with Persimmony International to host and maintain web-based Medi-Cal Administrative Activities and Targeted Case Management documentation software in an amount not to exceed $289,011 for the period July 1, 2023 thru June 30, 2027. A record signature copy of said contract and any amendments to be on file in the City Clerk Department.

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RECOMMENDATION
Adopt a Resolution authorizing the City Manager or her designee to execute an amendment to Contract No. 31900009 with Building Opportunities for Self-Sufficiency (BOSS) through November 1, 2025, adding $287,712 for a total contract amount of $945,424, to fund Mental Health clients living at 2111 McKinley Avenue in Berkeley.

This will extend the contract by two years.

FISCAL IMPACTS OF RECOMMENDATION
Funds for the scope of work in the amount of $287,712 will be provided from the Mental Health Services Act Fund 315. Funding is available in the Fiscal Year 2024 budget.

CURRENT SITUATION AND ITS EFFECTS
The City has utilized BOSS as the property manager for 2111 McKinley Avenue for many years, and they have provided this vital service efficiently and reliably. The project houses six clients of the Mental Health Division’s Full Service Partnership (FSP) program, and the funding will be used to support the operating costs for BOSS. The Mental Health Division would like to extend the current contract by two years, allowing BOSS to continue to provide much needed housing support for some of our most vulnerable clients.

BACKGROUND
The City owns the parcel located at 2111 McKinley Avenue (Alameda County Assessor’s Parcel No. 52-2017-16-1), known as McKinley House. The land is improved with a seven-unit apartment building. Six of those units are utilized as supportive housing units for FSP Program clients, and one unit is used for an onsite property manager. The City’s Mental Health Division operates the Full Service Partnership, which provides an intensive service program for adults ages 18 and older who have been diagnosed with mental illness. Funded by Proposition 63, in the Community Services and Supports component of the Mental Health Services Act, the FSP Program

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Contract No. 31900009 Amendment: McKinley House CONSENT CALENDAR September 12, 2023

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works with a team approach in partnership with eligible individuals to develop and assist in the achievement of individualized recovery-focused goals to enable persons with serious mental illness to live successfully in the community rather than in institutions.

The Mental Health Division and BOSS desire to continue collaborating to provide housing and supportive services at McKinley House to participants in the FSP Program who are referred by the Mental Health Division. The approach to achieving this objective consists of the City leasing the property to BOSS, who in turn subleases the individual dwelling units to eligible individuals referred by the Mental Health Division. BOSS provides property management services, and the Mental Health Division provides services to residents through the FSP Program.

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

RATIONALE FOR RECOMMENDATION
BOSS has been providing property management services at 2111 McKinley Avenue for many decades, and has done so in a satisfactory capacity.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Jeffrey Buell, Manager of Mental Health Services, (510) 981-7682 Conor Murphy, Associate Management Analyst, HHCS, (510) 981-7611 Attachments:
1: Resolution

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

CONTRACT NO. 31900009 AMENDMENT: BUILDING OPPORTUNITIES FOR SELF-

SUFFICIENCY (BOSS) FOR MCKINLEY HOUSE
WHEREAS, vendor Building Opportunities for Self Sufficiency (BOSS) has operated McKinley House as transitional housing for homeless families for several decades; and WHEREAS, the Master Lease and Property Management Agreement for McKinley House was approved by the Council of the City of Berkeley by Ordinance No. 7,619-N.S. on July 24, 2018; and
WHEREAS, a contract authorizing BOSS to provide property management services at McKinley House was approved by the Council of the City of Berkeley by Resolution No. 67,748-N.S. on November 29, 2016; and
WHEREAS, on December 15, 2020 by Resolution No. 69,651-N.S., City Council approved an amendment to Contract No. 31900009; and
WHEREAS, on October 26, 2021 by Resolution No. 70,077-N.S., City Council approved an amendment to Contract No. 31900009; and
WHEREAS, funding for these services and supports are available in the Fiscal Year 2024 budget, subject to adoption of the Annual Appropriations Ordinance.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager or her designee is authorized to execute an amendment to Contract No. 31900009 with Building Opportunities for Self-Sufficiency (BOSS) to provide property management services for McKinley House through November 1, 2025 in an amount not to exceed $945,424 and funded through the Mental Health Services Act Fund 315. A record signature copy of said contract and any amendments to be on file in the City Clerk Department.

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CONSENT CALENDAR
September 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Contract: Sensis, Inc. for Recruitment and Marketing Services

RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute a contract with Sensis, Inc. for recruitment and marketing services, in an amount not to exceed $250,000 over two years: $125,000 in the first year, with an option to renew for a second year for an additional $125,000.

FISCAL IMPACTS OF RECOMMENDATION
Council already approved $250,000 in funding (account code 011-34-341-000-0000-000- 412-612990) for a full-service recruitment and marketing agency at its February 28, 2023 meeting in support of the first phase of the Employer of Choice initiative. Due to the timing involved in selecting an agency, this funding will be requested as a FY 2023 carryover as part of the first amendment to the FY 2024 Annual Appropriation Ordinance. This amount will be utilized over two years: $125,000 in the first year of the contract and an additional $125,000 in the second year of the contract, should the City exercise its option to renew.

CURRENT SITUATION AND ITS EFFECTS
Over the past year, the City has initiated various strategies – such as remote testing and continuous exams – to increase hiring and reduce vacancy rates. However, the City’s presence on social media and digital platforms for recruitment purposes remains limited.

Council approved funding to engage a full-service recruitment and marketing agency to develop and implement outreach campaigns, and Sensis, Inc. was selected as the vendor for this purpose following the issuance of a request for proposals (RFP).

Pursuant to the contract, Sensis, Inc. will work with the Human Resources Department to create a recruitment campaign strategy; to develop visual assets (e.g., social media posts, videos, and ads) to promote a wide array of City jobs, from engineers and mechanics to mental health nurses and landscape gardeners; place targeted ads; and analyze data to assess reach, click-through rates, and overall return on investment (ROI).

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Contract with Recruitment and Marketing Agency: Sensis, Inc. CONSENT CALENDAR September 12, 2023

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BACKGROUND
A key component of the Employer of Choice roadmap was a concerted effort to build the necessary infrastructure to recruit online, via social media and digital platforms. In support of this effort, Council approved a $250,000 allocation for the engagement of a full-service marketing firm. The City issued an RFP for a one-year engagement at $125,000 with an option to renew in the second year – for a total contract value not to exceed $250,000.

Submissions were screened down to three finalists, which underwent further review by a panel that included representatives from various departments. Based on their input, Sensis, Inc. was selected as the vendor.

ENVIRONMENTAL SUSTAINABILITY AND CLIMATE IMPACTS
By emphasizing digital outreach efforts, the City’s recruitment campaign will avoid consumption of paper for print materials.

RATIONALE FOR RECOMMENDATION
The City has recognized the need to enhance its digital recruitment efforts using a full- service marketing agency. Sensis, Inc., the vendor selected to assist the City in developing and implementing a strategic recruitment campaign, was the successful bidder following a public request for proposals. Its submission meets or exceeds all the City’s requirements, and its bid is within the budgetary parameters set by Council.

ALTERNATIVE ACTIONS CONSIDERED
The City sent out a request for proposals, which generated six responses. All bid submissions were thoroughly considered and evaluated before the field was narrowed down to three finalists. The ultimate selection was made following input by a selection panel that included representatives from multiple departments.

CONTACT PERSON
Aram Kouyoumdjian, Director of Human Resources, (510) 981-6807.

Attachments:

1. Resolution

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RESOLUTION NO. XX,XXX-N.S.

CONTRACT: SENSIS, INC. FOR RECRUITMENT AND MARKETING SERVICES WHEREAS, the City wishes to increase hiring and reduce vacancy rates by expanding its recruitment presence on social media and digital platforms; and WHEREAS, the roadmap for the Employer of Choice initiative cited the need for City infrastructure for online recruitment; and
WHEREAS, at its February 28, 2023 meeting Council approved $250,000 in funding for a full-service recruitment and marketing agency; and
WHEREAS, the Human Resources Department issued a Request for Proposals (RFP) for a full-service marketing firm; and
WHEREAS, Sensis, Inc. was the agency selected through the RFP process as the vendor for a recruitment and marketing services contract.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the City Manager is authorized to execute a contract with Sensis, Inc. for recruitment and marketing services, in an amount not to exceed $250,000 over two years: $125,000 in the first year, with an option to renew for a second year for an additional $125,000.

BE IT FURTHER RESOLVED that a record signature copy of said contract and any amendments be on file in the Office of the City Clerk.

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Office of the City Manager

CONSENT CALENDAR
September 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Establish Classification and Salary Range – Lactation Counselor

RECOMMENDATION
Adopt a Resolution establishing the unrepresented classification of Lactation Counselor with an hourly salary range of $41.1351 - $50.0000, and an annual salary range of $85,561.0080 - $104,000.00, in order to utilize grant funding to employ an International Board Certified Lactation Consultant (IBCLC) who will oversee the City’s Breastfeeding Peer Counselor Program and provide additional public health services to the City of Berkeley community.

FISCAL IMPACT
The proposed salary range of Lactation Counselor is $41.1351 - $50.0000 hourly, and $85,561.0080 - $104,000.0000 annually. The City of Berkeley’s Health, Housing, and Community Services (HHCS) Department intends to staff the position as a limited-term, not-to-exceed-two-year position, at 10 hours per week (0.25 FTE), which will be funded for fiscal years 2022 to 2025 by a grant administered by the California Department of Public Health titled United States Department of Agriculture Breastfeeding Peer Counseling Program (BPC). The BPC program is part of the total WIC budget under Project String HHPWIC2302. It is an amendment to WIC City of Berkeley Contract No. 22-10233 A01. The department’s intention is to maintain the Lactation Counselor position as an intermittent, hourly, non-benefited, grant-funded position.

CURRENT SITUATION AND ITS EFFECTS
Within the independent local health jurisdiction of HHCS, the Public Health Division collaborates with community members and partners to achieve health equity and optimal health for all people in Berkeley through systems change and service provision.

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Classification and Salary: Lactation Counselor Consent Calendar September 12, 2023
Staff provides family support services, emergency preparedness, youth empowerment and employment programs, and health promotion/education to support our community in navigating the social, educational, economic, and environmental impacts on health.

The Division of Public Health includes the Women, Infants, and Children (WIC) program that provides nutrition and health services to low-income individuals who are or were recently pregnant, and children under five. Services include nutrition and breastfeeding education for pregnant women, nursing mothers, infants, and children. Participants also receive individual nutrition counseling and general nutrition education, assistance for pregnant and breastfeeding women, as well as an electric pump loan program and breastfeeding classes.

Recently, the City was awarded a grant in the amount of $97,500 per year for fiscal years 2022 to 2025 to start a Breastfeeding Peer Counselor Program. The program improves the breastfeeding initiation and duration rates by providing peer breastfeeding support, technical assistance, and oversight by International Board Certified Lactation Consultants (IBCLC). The grant award pays for an IBCLC certified Lactation Counselor, a portion of the WIC Director’s administrative duties, and for one Peer Counselor’s salary. It also covers miscellaneous operating expenses.

One of the requirements to receive and maintain grant funding is to staff the program with an IBCLC certified Lactation Counselor to serve as the designated breastfeeding expert for the City, provide complex breastfeeding support, lead community education, and oversee, mentor, and provide education for Community Health breastfeeding peer counselors. The proposed job classification includes the IBCLC certification requirement, and encompasses all the duties and requirements outlined in the grant.

The Lactation Counselor will report to the City’s WIC Director, who has overall responsibility for managing the WIC program. The Lactation Counselor will also serve as a lead to Community Health Worker Specialists, who will act as Peer Counselors (PC).

BACKGROUND
The proposed salary range for Lactation Counselor is $41.1351 - $50.0000 per hour, and reflects the mean of the surrounding agencies for similar positions occupied by International Board Certified Lactation Consultants (IBCLC), including the City and County of San Francisco, and the counties of Alameda, Contra Costa, Marin, and Solano.

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Classification and Salary: Lactation Counselor Consent Calendar September 12, 2023
The Personnel Board discussed and voted at its May 1, 2023 meeting, and subsequently discussed a revised salary structure and voted at its July 10, 2023 meeting, to send this classification and salary to the City Council for approval (Motion to Approve: Dixon/Lacey; Vote - Ayes: Dixon, Karpinski, Lacey, O’Loughlin; Noes: None; Abstains: None; Absent: Bartlow, Gilbert, Wenk.).

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

RATIONAL FOR RECOMMENDATION
This job class specification is being created to effectuate grant funding for the City’s Breastfeeding Peer Counselor Program, and to provide necessary education, counseling, and breastfeeding support for program participants.

ALTERNATIVE ACTIONS CONSIDERED
None.

CONTACT PERSON
Aram Kouyoumdjian, Director of Human Resources, 510-981-6807.

ATTACHMENTS

1. Resolution

2. Proposed Job Class Specification and Salary Range – Lactation Counselor

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Classification and Salary: Lactation Counselor Consent Calendar September 12, 2023
RESOLUTION NO. XX,XXX - N.S.

CLASSIFICATION: LACTATION COUNSELOR
WHEREAS, the Human Resources Department maintains the Classification and Compensation plan for the City of Berkeley; and
WHEREAS, the City has been awarded a grant to effectuate the City’s Breastfeeding Peer Counselor Program, which requires the employment of an International Board Certified Lactation Consultant (IBCLC); and
WHEREAS, the Human Resources Department has completed a classification review and recommended the establishment of the unrepresented Lactation Counselor job classification; and
WHEREAS, the Personnel Board recommended on July 10, 2023 to establish the unrepresented Lactation Counselor job class specification and salary range effective September 12, 2023.

NOW THEREFORE, BE IT RESOLVED by the Council of the City of Berkeley that the classification for Lactation Consultant is established, with an hourly salary range of $41.1351 - $50.0000, and an annual salary range of $85,561.0080 - $104,000.0000, effective September 12, 2023.

Step 1 Step 2 Step 3 Step 4 Step 5
$41.1351 $43.1919 $45.3515 $47.6190 $50.0000

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Classification and Salary: Lactation Counselor Consent Calendar September 12, 2023
Lactation Counselor
Bargaining Unit: Unrepresented Classification
Class Code:

XXXX

CITY OF BERKELEY
Established Date: September 12, 2023

SALARY RANGE
$41.1351 - $50.0000 Hourly
$3,290.8080 - $4,000.0000 Biweekly
$7,130.0840 - $8,666.6667 Monthly
$85,561.0080 - $104,000.0000 Annually
DESCRIPTION:

DEFINITION
Under the direction of the Health Nutrition Program Coordinator (Women, Infant & Children [WIC] Director) or designee, serves as the designated breastfeeding expert for the City, provides supervision to assigned professional, technical, and office support staff, handles more complex lactation problems; provides on-site and home-visit breastfeeding support, as needed; participates in community breastfeeding activities; mentors and provides in-service education on lactation for Breastfeeding Peer Counselors and WIC staff; and assists in overall lactation program planning.

CLASS CHARACTERISTICS
This single position journey-level class is responsible for the operation and management of the Breastfeeding Peer Counseling Program. The incumbent provides oversight and direction for Peer Counselors (PCs). The Lactation Counselor has frequent interaction with WIC participants in need of lactation support. The work requires a high level of technical knowledge, excellent oral and written communication skills, and editing skills and the exercise of independent judgment.

EXAMPLES OF DUTIES:

The following list of duties is intended only to describe the various types of work that may be performed and the level of technical complexity of the assignment(s) and is not intended to be an all-inclusive list of duties. The omission of a specific duty statement does not exclude it from the position if the work is consistent with the concept of the classification, or is similar or closely related to another duty statement.

1. Provides human milk feeding support to Women, Infants, & Children (WIC) participants, including lactation consultation to WIC participants referred to by peer counselors, WIC staff, and local providers of parents experiencing complex maternal and infant lactation problems beyond their scope of practice.

2. Counsels high-risk people needing breast pumps or other equipment for complex human milk feeding situations.

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Classification and Salary: Lactation Counselor Consent Calendar September 12, 2023

3. Makes telephone contacts, home visits, WIC clinic visits, and/or hospital visits with participants to support human milk feeding and identify clients needing additional assistance to optimize their breastfeeding success.

4. Keeps accurate records of all contacts made with WIC clients.

5. Maintains confidentiality of client interactions and records and oversees peer counselors’ adherence to WIC confidentiality requirements.

6. Mentors and coordinates peer counselors through shadowing opportunities, observations, client record reviews and ongoing guidance.

7. Provides in-services, trainings and education on various lactation topics and lactation management, including the initial and ongoing lactation training for PCs and WIC staff.

8. Manages referral system for referring WIC clients to PCs or to the IBCLC for lactation problems outside of the PC’s scope of work.

9. Teaches breastfeeding classes and support groups for pregnant and lactating people, or mentors peer counselors leading group meetings.

10. Develops an ongoing PC recognition program, which affirms and supports PCs in an effort to improve PC retention.

11. Conducts and coordinates exit surveys with the participants after they leave the Breastfeeding Peer Counseling Program, in an effort to maintain a continuous quality improvement plan.

12. Serves as a liaison between WIC and the community and conducts outreach with community organizations to promote WIC lactation services.

13. Establishes community partnerships to increase awareness and improve communication to promote a breast/chest-feeding-friendly culture in their community.

14. Ensures the availability of services outside of normal work hours.

15. Coordinates breast/chest-feeding promotion activities in WIC and in the community, including the coordination of all World Breastfeeding Week activities.

16. Participates in Peer Support groups, Community Breastfeeding Coalitions, WIC Regional Breastfeeding Committee meetings, and the California Breastfeeding Summit.

17. Provides nutrition education and nutrition intervention for participants as it relates to lactation counseling.

18. Communicates with health professionals regarding high risk lactation cases, and refers mothers with medical or nutrition concerns beyond the IBCLC Scope of Practice.

19. Competently fulfills, through self-designation or assignment, the following WIC designated coordinator roles for which they qualify as dictated under WIC program policies (Breastfeeding Peer Counselor Coordinator, Breastfeeding Coordinator, Staff Training Coordinator, Outreach Coordinator, Other Training Coordinator Roles, as needed).

20. Maintains an audit follow-up system to ensure that corrections for audit recommendations are timely and adequately implemented.

21. Conducts compliance and performance audits.

22. Responds to questions from City departments, Council, commissions and various committees and groups; attends various meetings as assigned.

23. Maintains knowledge of current principles and practices and monitors developments in auditing and audit standards including but not limited to the Breastfeeding Peer Counselor / IBCLC.

24. Develops and implements continuing professional development and continuous improvement plans for assigned staff; and

25. Performs related duties as assigned.

KNOWLEDGE AND ABILITIES:

Note: The level and scope of the knowledge and skills listed below are related to the job duties as defined under Class Characteristics.

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Classification and Salary: Lactation Counselor Consent Calendar September 12, 2023
Knowledge of:

1. Principles, policies, procedures, and reporting requirements of lactation programs.

2. Lactation physiology, anatomy, and counseling techniques.

3. Principles and practices of adult education philosophies and methods, learning theories as applied to nutrition and health instructional materials, group and individual education, techniques, infant development related to nutrition, lactation education techniques and customer service.

4. Laws and regulations related to state and local agency lactation policies and competencies.

5. WIC Program and community nutrition with emphasis on maternal, infant and child needs.

6. Health promotion and disease prevention.

7. Word processing applications, spreadsheets and internet applications.

8. Interviewing and communication skills.

Ability to:

1. Plan, organize, assign, direct, review, and evaluate the work of professional, technical, and office support staff and manage employees, provide feedback on performance, evaluate progress, determine work priorities, assign work and ensure proper completion of assignments.

2. Provide information on human milk feeding in a positive, effective manner.

3. Demonstrate creative problem-solving skills and exercise sound judgment to quickly evaluate situations and render prompt decisions.

4. Refer community resources and programs to people in need of assistance.

5. Ability to communicate information and ideas clearly and effectively in a professional manner, both orally and in writing.

6. Maintain strict confidentiality of participant, employee and agency records

7. Utilize reporting software, and review reports, contracts, and records for accuracy, clarity, completeness, and compliance with legal and procedural guidelines.

8. Exercise sound independent judgment in recommending more efficient and effective methods, systems, and reporting formats.

9. Recommend and implement policies and procedures.

10. Demonstrate ethnic and cultural sensitivity while working with diverse populations.

11. Establish and maintain effective working relations with those contacted in the course of work; communicate effectively with staff, elected officials, and community members, both orally, in public meetings, and in writing.

12. Interpret and apply applicable laws and regulations MINIMUM QUALIFICATIONS:

A TYPICAL WAY OF GAINING THE KNOWLEDGE AND SKILLS OUTLINED ABOVE IS:

Equivalent to graduation from high school and two (2) years of paraprofessional experience in a public health or related setting, supplemented by formal or approved in-service training, which has provided additional expertise and demonstrated proficiency in an area of specialization such as training, examination, screening, counseling, or outreach. Bachelor's degree in nutrition, social services, or health related field is desirable. Previous experience working with the Women, Infants, & Children (WIC) program and knowledge of WIC policies and procedures is desirable.

OTHER REQUIREMENTS

Possession of an International Board Certified Lactation Consultant (IBCLC) certification administered by the International Board of Lactation Consultant Examiners (IBLCE) at time of appointment is required, and the certification must be maintained as a condition of continued employment. Must be

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Classification and Salary: Lactation Counselor Consent Calendar September 12, 2023
willing to work evenin
gs or weekends. Must be able to travel to various locations within and outside the City of Berkeley to fulfill the job responsibilities. When driving on City business, the incumbent is required to maintain a valid California driver's license as well as a satisfactory driving record.

CLASSIFICATION HISTORY:

Classif
ication Code XXXX
Classif
ication Established September
12, 2023
FLSA Status Exempt [Career Full-T
ime Appointment]
Non-Exempt [Hourly Intermittent Temporary Designation]
Admin
Leave / Overtime Admin
Leave [Exempt / Career Full-Time Appointment]
Overtime [Non-Exempt / Hourly Intermittent Temporary Designation] Representation Unit Unrepresented
Probationary Period One Year
Workers’ Comp
Code 8810

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Office of the City Manager

CONSENT CALENDAR
September 12, 2023
To: Honorable Mayor and Members of the City Council
From: Dee Williams-Ridley, City Manager
Submitted by: Aram Kouyoumdjian, Director of Human Resources Subject: Revise Classification and Salary Range – Paramedic

RECOMMENDATION
Adopt a Resolution revising the classification of Paramedic to an hourly salary range of $30.00-$40.00 per hour (currently $30.00-$45.00 per hour) to offset unanticipated budgetary impacts due to overtime.

This recommendation and proposed Resolution follow Council consideration of this item in Closed Session on July 24, 2023.

FISCAL IMPACTS OF RECOMMENDATION
With this revision, the budgetary impacts due to overtime will be mitigated.

CURRENT SITUATION AND ITS EFFECTS
The classification of Paramedic was approved by the City Council in January 2022, at which time the Fire Department projected that the new hires would be working shift schedules that would equate to 40-hour weeks. Subsequent operational circumstances, however, necessitated that Paramedics primarily work 24-hour shifts, resulting in overtime expenditures every three out of four weeks and creating sustained budgetary impacts that the department cannot absorb.

BACKGROUND
The Fire Department, in consultation with Human Resources, the City Attorney’s Office, and Payroll Audit, is seeking to revise the pay scale for Paramedics in order to make the classification affordable without compromising its long-term sustainability.

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Berkeley City CouncilSeptember 12, 2023

Berkeley City Council
September 12, 2023